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Afghanistan

Section 2. Respect for Civil Liberties, Including:

b. Freedom of Peaceful Assembly and Association

FREEDOM OF PEACEFUL ASSEMBLY

The government generally respected citizens’ right to demonstrate peacefully. Numerous public gatherings and protests took place during the year. The Helmand Peace March Initiative–the “peace tent” protest that launched in the provincial capital of Lashkar Gah on March 26 following a deadly car bombing–inspired antiwar demonstrations in at least 16 other provinces, which were largely peaceful.

FREEDOM OF ASSOCIATION

The constitution provides for the right to freedom of association, and the government generally respected it. The 2009 law on political parties obliges political parties to register with the Ministry of Justice and to pursue objectives consistent with Islam. In 2012 the Council of Ministers approved a regulation requiring political parties to open offices in at least 20 provinces within one year of registration. In 2017 President Ghani signed a decree prohibiting employees and officials of security and judicial institutions, specifically the Supreme Court, Attorney General’s Office, Ministry of Interior, Ministry of Defense, and National Directorate of Security, from political party membership while government employees. Noncompliant employees could be fired.

Albania

Section 2. Respect for Civil Liberties, Including:

b. Freedom of Peaceful Assembly and Association

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

Algeria

Section 2. Respect for Civil Liberties, Including:

b. Freedom of Peaceful Assembly and Association

Although the constitution provides for freedom of peaceful assembly and association, the government severely restricted the exercise of these rights.

FREEDOM OF PEACEFUL ASSEMBLY

The constitution provides for the right of peaceful assembly, but the government continued to curtail this right. A ban on demonstrations in Algiers remained in effect. Authorities utilized the ban to prohibit assembly within the city limits. Nationwide, the government required citizens and organizations to obtain permits from the national government-appointed local governor before holding public meetings or demonstrations. The government restricted licenses to political parties, NGOs, and other groups to hold indoor rallies or delayed permission until the eve of the event, thereby impeding publicity and outreach efforts by organizers.

Hotels in Algiers and other major cities continued their practice of refusing to sign rental contracts for meeting spaces with political parties, NGOs, and civil associations without a copy of written authorization from the Ministry of Interior for the proposed gathering. NGOs reported instances of not receiving the written authorization in time to hold planned meetings. NGOs reported that the government threatened hotel and restaurant owners with penalties if they rented rooms to NGOs without official authorization. In most cases, the NGOs continued to hold their meetings and police came to the hotels to end the gatherings.

In July, Algerian League for the Defense of Human Rights (LADDH) and 15 representatives from other NGOs gathered at a hotel in Oran to discuss migration. Security services prevented the meeting from taking place “in the absence of an official authorization.” The attendees moved their meetings elsewhere and were followed by police who ordered them to disperse.

Throughout the year police dispersed unauthorized gatherings or prevented marching groups of protesters from demonstrating. Police typically dispersed protesters shortly after a protest began and arrested and detained organizers for a few hours. Human Rights Watch, Amnesty International, and other NGOs criticized the government’s use of the law to restrict peaceful assembly.

In September a group of military veterans organized a protest in Algiers, prompting a crackdown by authorities. Press reported 107 protestors were injured along with 51 police and gendarmes.

FREEDOM OF ASSOCIATION

The constitution provides for the right of association, but the government restricted this right.

The law’s extensive requirements and uneven enforcement served as major impediments to the development of civil society. The law grants the government wide-ranging oversight of and influence in the day-to-day activities of civil society organizations. It requires national-level civil organizations to apply to the Ministry of Interior for permission to operate. Once registered, organizations must inform the government of their activities, funding sources, and personnel, including notification of personnel changes. The law imposes an additional requirement that associations obtain government preapproval before accepting foreign funds. If organizations fail to provide required information to the government or attempt to operate with or accept foreign funds without authorization, they are subject to fines between DZD 2,000 and DZD 5,000 ($17 and $43) and up to six months’ imprisonment.

According to the law, associations that apply for accreditation are entitled to receive a response within two months for national organizations, 45 days for interregional-level associations, 40 days for province-level associations, and 30 days for communal organizations. While the Ministry of Interior oversees the accreditation process for most associations, the president of a local assembly approves applications for communal associations.

The Ministry of Interior may deny a license to or dissolve any group regarded as a threat to the government’s authority or to public order, and on several occasions failed to grant, in an expeditious fashion, official recognition to NGOs, associations, religious groups, and political parties. According to the ministry, organizations receive a receipt after submitting their application for accreditation, and after the time periods listed above, this slip is legally sufficient for them to begin operating, to open a bank account, and to rent office or event space. The law does not explicitly include this provision. If the application is approved, the ministry issues a final accreditation document.

Many organizations reported that they never received a deposit slip and that even with the receipt; it was difficult to conduct necessary administrative tasks without formal accreditation. Other organizations reported they never received any written response to their application request even after calling the ministry and trying to register at local police stations. The ministry maintained that organizations that were refused accreditation or that did not receive a response within the specified time period could appeal to the State Council, the administrative court responsible for cases involving the government.

The ministry did not renew the accreditations of the NGOs SOS Disparus (SOS Disappeared), Djazairouna, the LADDH, the National Association for the Fight Against Corruption, and the Youth Action Movement, all of which submitted their renewal applications in prior years.

The government issued licenses and subsidies to domestic associations, especially youth, medical, and neighborhood associations. According to the Ministry of Interior, there were 108,940 local and 1,293 national associations registered as of 2016. Unlicensed NGOs remained active, but rarely received government assistance, and citizens at times hesitated to associate with these organizations.

Andorra

Section 2. Respect for Civil Liberties, Including:

b. Freedom of Peaceful Assembly and Association

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

Angola

Section 2. Respect for Civil Liberties, Including:

a. Freedom of Expression, Including for the Press

The constitution and law provide for freedom of expression, including for the press, but while the government loosened restrictions on these rights during the year, state media continued to be the country’s primary source for news and reflected a progovernment view.

Freedom of Expression: Individuals reported practicing self-censorship but generally were able to criticize government policies without fear of direct reprisal. Social media was widely used in the larger cities and provided an open forum for discussion.

Press and Media Freedom: Private radio and print media criticized the government openly and harshly, but access to private media sources was limited outside of the capital. Journalists routinely complained of lack of transparency and communication from government press offices and other government officials.

The president appoints the leadership of all major state-owned media outlets and state control of these outlets often led to one-sided reporting. State news outlets, including Angolan Public Television (TPA), Radio Nacional, and the Jornal de Angola newspaper, favored the ruling party but increased their coverage of opposition political parties’ perspectives and social problems reflecting poor governance during the year. On January 18, the TPA inaugurated live broadcasts of plenary sessions of the National Assembly. Also in January, the TPA began permitting opposition politicians to comment live on stories featured on the nightly news. Opposition parties, however, received far less overall coverage on state media than did the ruling party.

Violence and Harassment: Journalists reported fewer incidents of violence or harassment during the year. On October 19, the board of directors of TV Zimbo dismissed journalist Jorge Eurico allegedly for reporting on an attempted bribery scandal involving senior government officials. Media outlets Club-K and a foreign news organization reported that General Leopoldino Fragoso de Nascimento “Dino,” a major shareholder in TV Zimbo, ordered Eurico’s dismissal. On October 24, Eurico published an opinion editorial denouncing his dismissal from TV Zimbo.

Censorship or Content Restrictions: In January 2017 the National Assembly passed a package of five regulatory media laws, one of which established the Regulatory Entity for Social Communication (ERCA), a body mandated to license and delicense journalists and determine what constitutes appropriate media content. At year’s end ERCA remained largely inactive.

Journalists reported practicing self-censorship.

The minister of social communication, the spokesperson of the presidency, and the national director of information maintained significant decision-making authority over media. It was commonly understood these individuals actively vetted news stories in the state-controlled print, television, and radio media and exercised considerable authority over some privately owned outlets. State-controlled media rarely published or broadcast stories critical of the ruling party, government officials, or government policies. Coverage critical of the previous government of Jose Eduardo dos Santos and of senior-level officials who had been dismissed on allegations of corruption increased significantly during the year.

On September 3, the minister of social communication announced that cable provider DStv would start broadcasting two Portuguese-owned television channels, SIC Noticias and SIC Internacional, which Angolan telecommunications operator ZAP, owned by Isabel dos Santos, the daughter of former president Jose Eduardo do Santos, stopped broadcasting in March 2017. Expresso newspaper correspondent in Luanda Gustavo Costa and the president of the Media Institute for Southern Africa-Angola, Alexandre Solombe, stated that ZAP’s decision to cease broadcasting the two channels was in response to their critical reporting on corruption and poverty in the country.

Libel/Slander Laws: Defamation is a crime for which conviction is punishable by imprisonment or a fine, and unlike in most cases in which defendants are presumed innocent until proven guilty, defendants in defamation cases have the burden of proving their innocence by providing evidence of the validity of the allegedly damaging material.

Several journalists in print media, radio, and political blogs faced libel and defamation lawsuits. Journalists complained the government used libel laws to limit their ability to report on corruption and nepotistic practices, while the government assessed that some journalists abused their positions and published inaccurate stories regarding government officials without verifying the facts or providing the accused the right of reply. On July 6, the Provincial Tribunal of Luanda acquitted journalists Rafael Marques and Mariano Bras on charges of defamation and slander for alleging corrupt practices by former attorney general Joao Maria de Sousa. Judge Josina Ferreira Falcao ruled that Marques’ reporting, which Bras had republished, fulfilled the duty of journalism to inform the public and expose suspected wrongdoings.

INTERNET FREEDOM

The law mandates ERCA to determine what constitutes appropriate media content, including online content. The government did not, however, restrict or disrupt access to the internet or censor online content, and there were no credible reports the government monitored private online communications without appropriate legal oversight. According to the International Telecommunication Union, in 2017 approximately 14 percent of residents had access to the internet.

ACADEMIC FREEDOM AND CULTURAL EVENTS

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

b. Freedom of Peaceful Assembly and Association

FREEDOM OF PEACEFUL ASSEMBLY

The constitution and law provide for the right of peaceful assembly, and the government increasingly respected this right.

The law requires written notification to the local administrator and police three days before public assemblies are to be held. The law does not require government permission to hold public assemblies, but permits authorities to restrict or stop assemblies in public spaces within 109 yards of public, military, detention, diplomatic or consular buildings for security reasons. The law also requires public assemblies to start after 7 p.m. on weekdays and 1 p.m. on Saturdays. The government at times prohibited events based on perceived or claimed security considerations. Police and administrators did not interfere with progovernment gatherings. Nonpartisan groups intending to criticize the government or government leaders, however, often encountered the presence of police who prevented them from holding the event. Usually authorities claimed the timing or venue requested was problematic or that the proper authorities had not received notification.

On May 26, in Luanda, police intervened to prevent a group of 20 activists from commemorating the 41st anniversary of a 1977 protest against the MPLA that resulted in the arrest and killings of thousands of individuals. Protesters stated police prevented their access to the protest site and attacked them with dogs and sticks. One protester was badly injured. Opposition parties, UNITA and the Broad Convergence for the Salvation of Angola-Electoral Coalition (CASA-CE), as well as Amnesty International, criticized the police intervention.

Members of LTPM held several protests during the year. On November 17, security forces allegedly fired shots in the direction of LTPM protesters in Cafunfo, Lund Norte province, to disperse them. LTPM and several media sources reported that security forces shot one protester in the leg and detained dozens.

The government at times arbitrarily restricted the activities of associations it considered subversive by refusing to grant permits for organized activities. Authorities generally permitted opposition parties to organize and hold meetings.

FREEDOM OF ASSOCIATION

The constitution and law provide for the right of association, but the government did not always respect this right (see also section 7.a.). Extensive delays in the NGO registration process continued to be a problem; however, NGOs that had not yet received registration were allowed to operate.

In July 2017 the Constitutional Court declared unconstitutional a 2015 presidential decree regulating the operation of NGOs. Civil society had criticized the decree as potentially restrictive and intrusive for including requirements that NGOs obtain approval from the government before the implementation of any project, provide frequent financial reports to the government on NGO activities, and allow local authorities to supervise NGO projects within their municipalities. The government stated this regulation was part of its strategy to combat money laundering and terrorist financing. The court ruled that only the National Assembly had jurisdiction to legislate such requirements according to the clearly defined separation of powers in the constitution.

Antigua and Barbuda

Section 2. Respect for Civil Liberties, Including:

b. Freedom of Peaceful Assembly and Association

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

Argentina

Section 2. Respect for Civil Liberties, Including:

b. Freedom of Peaceful Assembly and Association

The constitution provides for the freedoms of peaceful assembly and association, and the government generally respected these rights. Local NGOs, including CELS, expressed concerns that security-related protocols the Ministry of Security implemented informally beginning in 2016 imposed restrictions on the right to peaceful protest and assembly.

Amnesty International reported that authorities violently suppressed a public protest in La Plata, Buenos Aires Province on August 21. Violent confrontations with police occurred after some protesters attempted to break into a provincial government building. Police used tear gas and rubber bullets to halt the demonstration. Five protesters were arrested and dozens were injured, including one protester who was hit by a police patrol car.

The government filed charges against approximately 20 civilians for the violence that occurred during December 2017 demonstrations against pension reform, which injured 160, including 88 police officers. On May 23, the Ministry of Security offered a monetary award for information leading to the arrest of one of the fugitive protesters. On August 31, a federal court ordered one protester to pretrial detention. Additional defendants were at liberty while awaiting trial. The cases were ongoing at year’s end. Local and international NGOs, including CELS and Amnesty International, stated that law enforcement had violently suppressed the protests and called for official investigation into actions by security forces.

Armenia

Section 2. Respect for Civil Liberties, Including:

b. Freedom of Peaceful Assembly and Association

The constitution and law provide for the freedoms of peaceful assembly and association. In some instances, the government restricted those freedoms.

FREEDOM OF PEACEFUL ASSEMBLY

The constitution and the law provide for freedom of peaceful assembly and after the spring “velvet revolution,” the new government generally respected these rights.

A local NGO, the Armenian Helsinki Committee (AHC), examined the right to freedom of peaceful assembly, especially focusing on the protest period of April-May. The April rallies were unprecedented in terms of the number of participants as compared to rallies held in earlier years, with estimates of 100,000-150,000 protesters at some points. From April 13 to April 15, NGOs reported no instances of police interference with assemblies and marches, but the situation changed after April 16, when in response to Nikol Pashinyan’s call for a “decentralized struggle,” numerous citizens organized and held rallies and marches in various parts of Yerevan as well as in the regions.

AHC found many instances of disproportionate use of force, violence, and abuse of official powers by the police at assemblies from April 16 to April 23. For example, on April 16 and on April 22, members of an unknown police unit threw 11 flash grenades into the crowds without proper warning. As a result, 40 citizens and six police officers sought medical assistance. Reporters from 168?am and Factor.am news websites also sustained injuries.

According to the police report, from April 16 to April 26, 1,283 persons were forcibly brought to police departments, including 1,144 in Yerevan, 918 of whom were also subjected to administrative detention. The majority of the demonstrators were held in administrative detention for no more than three hours, in accordance with the law, although some detainees reported being held longer. Some were brought to police departments but were not allowed to make a phone call. Lawyers who cooperated in a hotline organized by human rights defenders reported in many cases officers prevented them from meeting with their clients. In some cases, obstacles for lawyers to enter police departments were removed after intervention from the ombudsman’s office.

There were incidents of violence by masked assailants. On April 22, for example, more than 50 individuals on Erebuni Street attacked protesters with electroshock weapons, truncheons, and stones and verbally abused them. Many of the attackers wore masks that covered their faces. More than 20 police officers were present when the incident occurred, but did not interfere to stop the assaults. A reporter, a cameraman from Shant TV, and a cameraman from Factor TV were hurt during the incident.

The SIS opened investigations into more than 50 criminal cases of police abuse of power accompanied by violence during the assemblies held from April 13 to May 8. Later, those cases were merged into a single criminal case and an investigative group was established. More than 60 episodes of violence were under investigation within the framework of that criminal case, with reporters, lawyers, and numerous citizens recognized as aggrieved parties.

In November the UN special rapporteur on peaceful assembly and association noted, “Armenia has come a long way with recent reforms and the adoption of new laws that regulate the exercise of the rights to freedom of peaceful assembly and association; however authorities need to ensure the consistent enforcement of the current regulations.”

FREEDOM OF ASSOCIATION

The constitution and law provide this right, and the government generally respected it. Under the Law on Public Organizations, in force since February 2017, some NGOs have legal standing to act on behalf of their beneficiaries limited to environmental issues in court. The limitations contradict a 2010 Constitutional Court decision that allowed all NGOs to have legal standing in court.

On October 29, the Ministry of Justice proposed draft amendments to the Law on Public Organizations that generated intense public debate. For example, on November 16, the Transparency International Anticorruption Center (TIAC) released a statement expressing concerns the draft amendments would introduce problematic changes to the reporting requirements for civil society organizations. The draft proposed to toughen the reporting for civil society organizations by extending reporting requirements to all organizations regardless of their sources of funding. In addition, the amendments would require personal information of the donors as well as members, governing bodies, staff and volunteers who have received funding. According to TIAC, the draft would put an unreasonable and disproportionate burden on public organizations.

Australia

Section 2. Respect for Civil Liberties, Including:

b. Freedom of Peaceful Assembly and Association

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

Austria

Section 2. Respect for Civil Liberties, Including:

b. Freedom of Peaceful Assembly and Association

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

Azerbaijan

Section 2. Respect for Civil Liberties, Including:

b. Freedom of Peaceful Assembly and Association

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

FREEDOM OF PEACEFUL ASSEMBLY

The government severely restricted freedom of peaceful assembly. Authorities at times responded to peaceful protests and assemblies by using force and detaining protesters. The law permits administrative detention for up to three months for misdemeanors and up to one month for resisting police. Punishment for those who failed to follow a court order (including failure to pay a fine) may include fines of 500 to 1,000 manat ($290 to $580) and punishment of up to one month of administrative detention.

While the constitution stipulates that groups may peacefully assemble after notifying the relevant government body in advance, the government continued to interpret this provision as a requirement for prior permission. Local authorities required all rallies to be preapproved and held at designated locations. Most political parties and NGOs criticized the requirements as unacceptable and characterized them unconstitutional. Authorities throughout the country routinely ignored applications for public rallies, effectively denying the freedom to assemble.

Activists stated that police routinely arrested individuals who peacefully sought to exercise their fundamental freedoms on false charges of resisting police that consistently resulted in periods of administrative detention up to 30 days. A total of 18 individuals were detained and sentenced to 15 to 30 days of administrative detention for their participation in government authorized opposition rallies on March 10, March 31, and April 14. Activists also stated that, as of April 15, more than 100 Popular Front party members were summoned or harassed by police and warned about participating in opposition demonstrations. In another high-profile example, Azer Gasimli and four other activists of the opposition Republican Alternative Party were arrested, charged with resisting police, and sentenced to administrative detention for their role in organizing an unauthorized march in the center of Baku on May 28 to celebrate the centennial anniversary of the founding of the Azerbaijan Democratic Republic. Police summoned dozens of other participants and warned them not to take part in similar future events.

The government also prevented opposition groups from gathering to visit culturally important sites, a practice authorities previously permitted. For example, on November 17, police detained approximately 50 opposition activists, including PFP Chairman Ali Kerimli and NCDF Chairman Jamil Hasanli, for attempting to hold a procession through Martyr’s Alley to commemorate National Revival Day. Most activists were released the same day, but Kerimli and approximately eight others were held incommunicado until November 19, when Kerimli and five others were released with fines and three PFP activists were sentenced to 20 days of administrative detention.

FREEDOM OF ASSOCIATION

The constitution provides for freedom of association, but the law places some restrictions on this right, and amendments enacted during 2014 severely constrained NGO activities. Citing these amended laws, authorities conducted numerous criminal investigations into the activities of independent organizations, froze bank accounts, and harassed local staff, including incarcerating and placing travel bans on some NGO leaders. Consequently, a number of NGOs were unable to operate.

A number of legal provisions allow the government to regulate the activities of political parties, religious groups, businesses, and NGOs, including requiring NGOs to register with the Ministry of Justice if they seek “legal personality” status. Although the law requires the government to act on NGO registration applications within 30 days of receipt (or within an additional 30 days, if further investigation is required), vague, onerous, and nontransparent registration procedures continued to result in long delays that limited citizens’ right to associate. Other laws restrict freedom of association, for example, by requiring deputy heads of NGO branches to be citizens if the branch head is a foreigner.

Laws affecting grants and donations imposed a de facto prohibition on NGOs receiving cash donations and made it nearly impossible for them to receive anonymous donations or to solicit contributions from the public.

In 2014 the president approved a number of amendments to the administrative code and the laws on NGOs, grants, and registration of legal entities that imposed additional restrictions on NGO activities and closed several loopholes for the operations of unregistered, independent, and foreign organizations. The legislation also introduced some restrictions on donors. For example, foreign donors were required to obtain preapproval before signing grant agreements with recipients. The laws make unregistered and foreign NGOs vulnerable to involuntary dissolution, intimidated and dissuaded potential activists and donors from joining and supporting civil society organizations, and restricted their ability to provide grants to unregistered local groups or individual heads of such organizations.

In January 2017 the Cabinet of Ministers issued new regulations for establishing a “single window” mechanism to streamline the grant registration process. According to the new procedures, obtaining grant registration processes for multiple agencies were merged. The new procedures were not fully implemented, however, further reducing the number of operating NGOs.

In 2016 the Ministry of Justice adopted rules on monitoring NGO activities. The rules authorize the ministry to conduct inspections of NGOs, with few provisions protecting their rights, and provide the potential of harsh fines if they do not cooperate.

The far-reaching investigation opened by the Prosecutor General’s Office in 2014 into the activities of numerous domestic and international NGOs and local leadership remained open during the year. As a result a number of NGOs were unable to operate, the bank accounts of several NGOs remained frozen, and some NGO leaders were still prohibited from leaving the country.

The government continued to implement rules pursuant to a law that requires foreign NGOs wishing to operate in the country to sign an agreement and register with the Ministry of Justice. Foreign NGOs wishing to register a branch in the country are required to demonstrate they support “the Azerbaijani people’s national and cultural values” and commit not to be involved in religious and political propaganda. The decree does not specify any time limit for the registration procedure and effectively allows for unlimited discretion of the government to decide whether to register a foreign NGO. As of year’s end, no foreign NGOs had been able to register under these rules.

NGO representatives stated the Ministry of Justice did not act on submitted applications, particularly those from individuals or organizations working on issues related to democratic development. Some experts estimated up to 1,000 NGOs remained unregistered.

Bahrain

Section 2. Respect for Civil Liberties, Including:

b. Freedom of Peaceful Assembly and Association

FREEDOM OF PEACEFUL ASSEMBLY

The constitution provides for the right of free assembly, but a number of laws restrict the exercise of this right. The Ministry of Interior maintained a prohibition on public demonstrations, stating that the purpose was to maintain public order in view of sectarian attacks in the region and that the ban was expected to be temporary in nature. Prior to the ban, the government limited and controlled political gatherings, and activists reported the government denied permits for organized demonstrations by refusing to accept application paperwork. For the fourth year, there were no authorized demonstrations, although the ministry generally did not intervene in peaceful, unauthorized demonstrations, including spontaneous labor demonstrations. For the third year, the government declined to issue permits for a “May Day” rally in support of workers’ rights by thousands of members of the more than 45 trade unions affiliated with the General Federation of Bahrain Trade Unions (GFBTU). According to the government, there were no applications submitted to hold a demonstration or protest during the year.

The law outlines the locations and times during which it prohibits functions, including areas close to hospitals, airports, commercial locations, security-related facilities, and downtown Manama. The General Directorate of the Police may prevent a public meeting if it violates security or public order, or for any other serious reason. The law states that mourners may not turn funeral processions into political rallies and that security officials may be present at any public gathering.

The law states every public gathering shall have a committee consisting of a head and at least two members. The committee is responsible for supervising and preventing any illegal acts during the function. According to the law, the Ministry of Interior is not obligated to justify why it approves or denies requests to allow protests. The penal code penalizes any gathering “of five or more individuals” that is held for the “purpose of committing crimes or inciting others to commit crimes.” Lawyers asserted authorities should not prevent demonstrations in advance based on assumptions crimes would be committed. Authorities prohibited the use of vehicles in any demonstration, protest, or gathering unless organizers obtained special written permission from the head of public security.

Organizers of an unauthorized gathering faced prison sentences of three to six months. The minimum sentence for participating in an illegal gathering is one month, and the maximum is two years’ imprisonment. Authorities gave longer sentences for cases where demonstrators used violence in an illegal gathering. The maximum fine is 200 dinars ($530). The law regulates election campaigning and prohibits political activities at worship centers, universities, schools, government buildings, and public institutions. The government did not allow individuals to use mosques, maatams (Shia religious community centers), or other religious sites for political gatherings.

The government did not prevent small opposition demonstrations that occurred in traditional Shia villages that often protested government policies or were intended to show solidarity with prisoners. Police reportedly broke up some of these protests with tear gas, however. While groups participating in these protests often posted photographs on social media of these events, participants were careful to hide their faces for fear of retribution.

FREEDOM OF ASSOCIATION

The constitution provides for freedom of association, but the government limited this right. The government required all groups to register: civil society groups and labor unions with the Ministry of Labor and Social Development and political societies with the Ministry of Justice and Islamic Affairs. The government decided whether a group was social or political in nature, based on its proposed bylaws. The law prohibits any activity by an unlicensed society, as well as any political activity by a licensed civil society group. A number of unlicensed societies were active in the country (see section 3).

A civil society group applying for registration must submit its bylaws signed by all founding members, together with minutes of the founding committee’s meetings containing the names, professions, places of residence, and signatures of all founding members. The law grants the Ministry of Labor and Social Development the right to reject the registration of any civil society group if it finds the society’s services unnecessary, already provided by another society, contrary to state security, or aimed at reviving a previously dissolved society. Associations whose applications authorities rejected or ignored may appeal to the High Civil Court, which may annul the ministry’s decision or refuse the appeal.

NGOs and civil society activists asserted the ministry routinely exploited its oversight role to stymie the activities of NGOs and other civil society organizations. Local NGOs asserted officials actively sought to undermine some groups’ activities and imposed burdensome bureaucratic procedures on NGO board members and volunteers. The Ministries of Justice and Interior must vet funding from international sources, and authorities sometimes did not authorize it.

Bangladesh

Section 2. Respect for Civil Liberties, Including:

b. Freedom of Peaceful Assembly and Association

The government limited or restricted freedoms of peaceful assembly and association.

FREEDOM OF PEACEFUL ASSEMBLY

The law provided for the right to peaceful assembly, but the government limited this right. The law gives the government broad discretion to ban assemblies of more than four persons. A Dhaka Metropolitan Police (DMP) order requires advance permission for gatherings such as protests and demonstrations in Dhaka.

According to human rights NGOs, authorities continued to use approval provisions to disallow gatherings by opposition groups. Occasionally, police or ruling party activists used force to disperse demonstrations.

Throughout the year the BNP was hindered by the government from hosting assemblies and rallies. The BNP was denied applications “for security reasons” to hold rallies in Dhaka on March 11, 19, and 29 at the Suhrawardy Udyan, one of the few large places designated for political rallies, but it was ultimately permitted to host its rally at a different location.

In a separate instance, the BNP claimed it received verbal permission to conduct a rally on its founding anniversary on September 1 in Dhaka and to conduct a human chain in front of the National Press Club on September 10. Law enforcement officials, however, apprehended hundreds of participants in the two BNP events. The BNP reported law enforcement detained 304 leaders and activists in the first three days of September and approximately 200 leaders and activists during the party’s human chain later in the month. The assistant inspector general of police headquarters denied reports of raids to detain opposition activists.

The incumbent Awami League (AL) and its allies were allowed to hold rallies at Suhrawardy Udyan and other venues of their choice throughout the year.

On September 15, Prime Minister Sheikh Hasina said she would instruct the DMP commissioner to allow political parties to hold rallies at Suhrawardy Udyan. According to Prothom Alo, on September 29, the DMP gave permission to the BNP to hold rallies at Suhrawardy Udyan, under 22 conditions, including that they provide their own security and install closed-circuit television (CCTV) cameras at the venue. The DMP also “banned all activities that can hamper public safety; carrying sticks; speech hurting religious sentiments, and arriving at the venue in processions.”

During the year police used force to disperse peaceful demonstrations. According to the Daily Star, on March 14, police dispersed a group of approximately 1,000 protesters marching towards the secretariat building in Dhaka, using batons and tear gas and injuring 15 protesters. The protesters were scheduled to arrive at a prescheduled sit-in at the secretariat. After the violent dispersal occurred, a DMP spokesperson defended the government’s actions on the grounds the protesters were obstructing traffic.

Beyond formal government hindrance and police obstruction of peaceful demonstrations, there were reports the government deployed ruling party student activists to areas where peaceful assemblies took place. On August 4, alleged Bangladesh Chhatra League (BCL) activists attacked a group of students in Dhanmondi with batons, rocks, and pistols in an effort to quell road safety protests. The action resulted in a reported 150 injuries. Multiple news outlets reported police did not try to prevent or restrain the attackers. Police detained dozens of students and supporters publicly supporting the road safety protestors.

FREEDOM OF ASSOCIATION

The law provides for the right of citizens to form associations, subject to “reasonable restrictions” in the interest of morality or public order, and the government generally respected this right. The government’s NGO Affairs Bureau sometimes withheld its approval for foreign funding to NGOs working in areas the bureau deemed sensitive, such as human rights, labor rights, indigenous rights, or humanitarian assistance to Rohingya refugees (see sections 2.d., 5., and 7.a.).

The 2016 Foreign Donations (Voluntary Activities) Regulation Act places restrictions on the receipt of foreign funds by NGOs or government officials and provides for punishment of NGOs making any “derogatory” comments regarding the constitution or constitutional institutions (see section 5). The government announced in October 2017 a number of NGOs were no longer allowed to operate in Cox’s Bazar, including Muslim Aid Bangladesh, Islamic Relief, and Allama Fazlullah Foundation. The three organizations remain barred from operating in Cox’s Bazar during the year, according to media reports.

Barbados

Section 2. Respect for Civil Liberties, Including:

b. Freedom of Peaceful Assembly and Association

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

Belarus

Section 2. Respect for Civil Liberties, Including:

b. Freedom of Peaceful Assembly and Association

The constitution provides for freedom of peaceful assembly; however, the government severely restricted this right. Authorities employed a variety of means to discourage demonstrations, disperse them, minimize their effect, and punish the participants. The law provides for freedom of association, but the government restricted it and selectively enforced laws and registration regulations to restrict the operation of independent associations that might criticize the government.

FREEDOM OF PEACEFUL ASSEMBLY

Only registered political parties, trade unions, and NGOs could request permission to hold a demonstration of more than 1,000 persons. Authorities usually denied requests by independent and opposition groups as well as those of self-organized citizens’ groups in various communities around the country. A general atmosphere of repression and the threat of imprisonment or large fines exercised a chilling effect on potential protest organizers.

The law criminalizes the announcement of an intention to hold demonstrations via the internet or social media before official approval, participation in the activities of unregistered NGOs, training of persons to demonstrate, financing of public demonstrations, or solicitation of foreign assistance “to the detriment” of the country. Violations are punishable by up to three years’ imprisonment. Persons with unexpunged criminal records for crimes related to violating peace and order, statehood and governance, public security, safety, and public morals did not have the right to act as mass event organizers. Such organizers must apply at least 15 days in advance for permission to conduct a public demonstration, rally, or meeting, and government officials are required to respond no later than five days prior to the scheduled event. Authorities, however, generally granted permits for opposition demonstrations only if held at designated venues far from city centers. The amended law allowed organizers to notify authorities of a mass event planned at a designated location no later than 10 days before the date of the event. Authorities should inform organizers of denial no later than five days before the event. By law denials can be issued for one of two reasons: the event conflicted with one organized by a different individual or group or the notification did not comply with regulations.

Authorities used intimidation and threats to discourage persons from participating in demonstrations, openly videotaped participants, and imposed heavy fines or jail sentences on participants in unauthorized demonstrations. In addition authorities required organizers to conclude contracts with police, fire department, health, and sanitary authorities for their services after a mass event. Authorities waived some of these requirements for the March 25 celebration of the 100th anniversary of the Belarusian People’s Republic (BPR). All media representatives had to be clearly identified and carry an official media ID or foreign media accreditation. They have to provide their personal ID and press documents to law enforcement upon request.

On March 27, President Lukashenka told Interior Minister Ihar Shunevich that the Ministry should be ready to “immediately suppress” any unauthorized events which “impede people’s lives” because “chaos stems from them [unauthorized protests].” Shunevich responded that “not a single event, which is not sanctioned by authorities, will take place, and even if it starts it will be immediately stopped in an effective manner and in compliance with the law.”

During the year local authorities countrywide rejected dozens of applications for permission to stage various demonstrations.

While Minsk city authorities cooperated with opposition groups to stage a rally and concert on the 100 anniversary of the Belarusian People’s Republic in front of the Opera House on March 25, they denied two other applications to hold marches the same day. Organizers of the concert had sought to walk from a nearby park to the concert location before the concert. A second application was filed by opposition activist Mikalai Statkevich and his supporters to march from the central Yakub Kolas square via the main avenue to the concert location. When Statkevich decided to go ahead with his plan without permission, police arrested him as he was leaving his home. Police also arrested approximately 60 individuals gathered at Yakub Kolas square.

In addition, authorities in Mahilyou and Homyel denied local activists’ permission to hold rallies in city centers on March 25. They alleged that the venues were not designated for mass events or had been already booked for other events.

Across the country in at least 11 different localities, approximately 57 individuals were briefly detained, apparently in order to prevent their participation in March 25 events in Minsk.

On July 3, celebrated as the Belarusian Independence Day, police dispersed an unauthorized protest and detained approximately 30 individuals, including Mikalai Statkevich, in front of a WWII monument to Soviet soldiers in central Minsk. Statkevich called upon his associates to hold a rally to mark the “liberation [of Minsk from the Nazis on July 3, 1944] and solidarity.” Statkevich was arrested as he was leaving his house on his way to the site on July 3. Police detained approximately 30 activists at the site, including five observers from the human rights group Vyasna, transported them to a local precinct, and released the majority later in the day. Statkevich and at least three other activists remained in detention overnight and stood trial on July 4. A Minsk district court sentenced Statkevich to a fine of 980 rubles ($490) for making calls to participate in an unauthorized protest on July 3.

From June through October, authorities fined, detained, or arrested more than 20 protesters at the site of the Stalinist-era execution site Kurapaty. The protesters opposed the building and operation of a restaurant in close vicinity to the site. While police repeatedly fined the majority of activists for purportedly violating traffic regulations and participating in unauthorized demonstrations, a number of protesters, including Belarusian Christian Democracy (BCD) party cochair Paval Sevyarynets, European Belarus campaign activist Maksim Vinyarski, and filmmaker Alyaksei Tourovich were sentenced to up to 10 days of administrative detention.

FREEDOM OF ASSOCIATION

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

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

The law on public associations prohibits NGOs from keeping funds for local activities at foreign financial institutions. The law also prohibits NGOs from facilitating provision of any support or benefits from foreign states to civil servants based on their political or religious views or ethnicity, a provision widely believed to be aimed at the Polish minority.

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

The government continued to deny registration to some NGOs and political parties on a variety of pretexts, including “technical” problems with applications. Authorities frequently harassed and intimidated founding members of organizations in an effort to force them to abandon their membership and thus deprive their groups of the number of petitioners necessary for registration. Many groups had been denied registration on multiple occasions.

On March 21, Minsk city authorities registered an educational NGO called “Out Loud.” This was the group’s ninth registration application under its previous name, “Make Out,” which the government requested it change before granting registration. The NGO focused on advancing the human rights of lesbian, gay, bisexual, transgender, and intersex (LGBTI) persons and countering discrimination and violence against them.

On April 6, the BCD reported that the Ministry of Justice denied its seventh registration application. The ministry said the BCD had failed to include phone numbers of some of its members and had incorrectly listed the birth dates of two party founders in its application documents. The party submitted the application on January 22, and the ministry decided to suspend the registration process and seek additional documents on February 23. The Supreme Court upheld the ministry’s denial on May 25.

Belgium

Section 2. Respect for Civil Liberties, Including:

b. Freedom of Peaceful Assembly and Association

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

Belize

Section 2. Respect for Civil Liberties, Including:

b. Freedom of Peaceful Assembly and Association

The law provides for the freedoms of peaceful assembly and association, and the government generally respected these rights. A state of public emergency was declared on September 4 for 30 days in two areas of Belize City as a result of gang violence, which limited assembly in the areas.

Benin

Section 2. Respect for Civil Liberties, Including:

b. Freedom of Peaceful Assembly and Association

The constitution and law provide for the freedoms of assembly and association. Advance notification is required for demonstrations and other public gatherings. The government generally respected these rights. There were no instances of denial on political grounds.

FREEDOM OF PEACEFUL ASSEMBLY

The constitution and law provide for freedom of peaceful assembly, and the government generally respected this right.

The government requires advance notification for use of public places for demonstrations. Authorities sometimes cited “public order” to prevent demonstrations by opposition groups, civil society organizations, and labor unions.

On May 22, the Constitutional Court ruled that the prefect of Littoral Modeste Toboula Department violated the constitution and the African Charter on Human and People’s Rights related to freedom of assembly and public liberties. The court ruled he did so by issuing a decree on March 13 that restricted antigovernment demonstrations by requiring prior registration and approval by the Ministry of Interior. The court stated that requiring registration with the Ministry of Interior violated the enjoyment of fundamental liberties.

FREEDOM OF ASSOCIATION

The constitution and law provide for freedom of association, and the government generally respected this right. There were, however, instances where the government violated freedom of association.

In March 2017 the Constitutional Court overturned a Council of Ministers decree banning the activities of university student groups as a violation of the right to freedom of association. The decree claimed that student groups were engaged in military training and intended to disrupt public security and peace. The court ruled that the government’s public order concerns did not justify the suspension of citizens’ constitutional rights.

Bhutan

Section 2. Respect for Civil Liberties, Including:

b. Freedom of Peaceful Assembly and Association

The government restricted freedoms of peaceful assembly and association.

FREEDOM OF PEACEFUL ASSEMBLY

While the constitution provides for the right to assemble peacefully, the government restricted this right. The law permits the government to control the public’s right to assembly “to avoid breaches of the peace” by requiring licenses, prohibiting assembly in designated areas, and declaring curfew. The penal code prohibits “promotion of civil unrest” as an act that is prejudicial to the maintenance of harmony among different nationalities, racial groups, castes, or religious groups.

FREEDOM OF ASSOCIATION

The constitution provides for freedom of association, and the government permitted the registration of some political parties and organizations that were deemed “not harmful to the peace and unity of the country.” Many of the nongovernmental organizations (NGOs) in the country maintained formal or informal connections to members of the royal family. In its Freedom in the World 2018report, Freedom House stated the government did not permit the operation of NGOs working on the status of Nepali-speaking refugees but that other local and international NGOs worked with increasing freedom from official scrutiny. Under the law, all NGOs must register with the government. To register an NGO, an individual must be a citizen, disclose his or her family income and assets, provide his or her educational qualifications, and disclose any criminal records.

Bolivia

Section 2. Respect for Civil Liberties, Including:

b. Freedom of Peaceful Assembly and Association

Although the constitution provides for the freedoms of peaceful assembly and association, civil society groups, especially, but not limited to, those critical of the government, faced harassment from government officials.

FREEDOM OF PEACEFUL ASSEMBLY

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.

There were several demonstrations during the year defending the “21F” movement, which opposed Morales’ candidacy for president and rejected the constitutional change that ended presidential term limits. On May 29, during the South American Games in Cochabamba, a group of 21F supporters began shouting “Bolivia said no” and wore T-shirts with “21F” printed on the front. Police asked the protesters to cover their 21F shirts. After the incident the police subcommander, General Agustin Moreno, warned he would not allow 21F demonstrations during patriotic celebrations on the country’s national day in Potosi on August 6. In Potosi on August 6, police did not permit access to public space for those critical of the government. In September police in Santa Cruz and Cochabamba did not allow 21F supporters access to the main plaza and other public spaces.

On July 21, a small group of persons arrived at the Plaza Murillo in La Paz with 21F T-shirts. Within minutes a police contingent pushed the protesters out of the plaza and ended the protest.

According to the NGO UNIR Bolivia Foundation, on average there were approximately three different types of protests per day throughout the country between January and March. These demonstrations, radical protest actions, and confrontations with police resulted in one person dead and more than 100 injured.

FREEDOM OF ASSOCIATION

The constitution provides for freedom of association, but the government did not consistently respect this right. NGOs continued to be targets of government officials, including the president, vice president, and 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.

Bosnia and Herzegovina

Section 2. Respect for Civil Liberties, Including:

b. Freedom of Peaceful Assembly and Association

FREEDOM OF PEACEFUL ASSEMBLY

The law provides for freedom of peaceful assembly, and the government generally respected this right. In December, however, the RS Ministry of Interior banned a group of citizens from holding peaceful protests in Banja Luka. Prior to the ban, the “Justice for David” movement had been seeking justice in the case of 21 year-old David Dragicevic, whose murder has yet to be solved. Dragicevic’s family has mobilized thousands of citizens in support of their search for the truth and their efforts to demand justice for all. The RS government justified its decision to ban all public gatherings of the group, including protests, with claims the movement failed to fully respect the law during previous rallies. The RS police interrupted a December 25 gathering, in the process arresting 20 supporters of Justice for David, including two members of the Party for Democratic Progress (PDP) – President Borislav Borenovic and delegate in the RS National Assembly Drasko Stanivukovic. Some journalists and protestors have alleged that during the arrests police used excessive force on protesters, and have produced photographs that appear to support their claims. There are 10 laws governing this right in different parts of the country, all of which were generally assessed to be overly restrictive. Examples include the prohibition of public assembly in front of numerous public institutions in the RS, while some cantonal laws in the Federation (e.g., in Central Bosnia Canton) prescribe criminal liability for failing to fulfill administrative procedures for holding a peaceful assembly. Human rights NGOs reported that authorities manipulated and controlled the process of granting the right to assembly to civil society groups in both entities on several occasions in 2017.

FREEDOM OF ASSOCIATION

The law provides for freedom of association, and the government generally respected this right. Under the law, NGOs can register at the state, entity, and cantonal levels in a generally streamlined and simple administrative process. Cooperation between the government and civil society organizations at the state and entity levels, however, remained weak, while government support for civil society organizations remained nontransparent, particularly regarding the allocation of funds.

Botswana

Section 2. Respect for Civil Liberties, Including:

a. Freedom of Expression, Including for the Press

Freedom of Expression:  The constitution and law provide for freedom of speech and press; however, the law restricts the speech of some government officials and fines persons found guilty of insulting public officials or national symbols.  The law states, “Any person in a public place or at a public gathering (who) uses abusive, obscene, or insulting language in relation to the president, any other member of the National Assembly, or any public officer” is guilty of an offense and may be fined up to 400 pula ($38).  The penal code also states that any person who insults the country’s coat of arms, flag, presidential standard, or national anthem is guilty of an offense and may be fined up to 500 pula ($47).

Press and Media Freedom:  In a break from his predecessor, President Masisi initiated a productive relationship with media shortly after assuming the presidency on April 1.  He held two press conferences in his first 100 days and repeatedly assured journalists of his respect for their role in a healthy democracy.  He also began the process of establishing a first-ever presidential press office to welcome and promote engagement with media.  The government dominated domestic broadcasting.

The government owned and operated the Botswana Press Agency, which dominated the print media through its free, nationally distributed newspaper, Daily News, and two state-operated FM radio stations.  State-owned media generally featured reporting favorable to the government and, according to some observers, were susceptible to political interference.  Opposition political parties claimed state media coverage heavily favored the ruling party.  The government ombudsman stated in a 2017 report that public broadcaster Botswana Television “unduly favored” the ruling party in its political coverage.

Independent media were active and generally expressed a wide variety of views, which frequently included strong criticism of the government; however, media members complained they were sometimes subject to government pressure to portray the government and country in a positive light.  Private media organizations had more difficulty than government-owned media obtaining access to government-held information.

Censorship or Content Restrictions:  Some members of civil society organizations alleged the government occasionally censored stories in government-run media it deemed undesirable.  Government journalists sometimes practiced self-censorship.

Libel/Slander Laws:  In 2014 police arrested Sunday Standard editor Outsa Mokone and charged him with sedition for publishing articles about an automobile accident allegedly involving President Khama.  Observers noted the use of the penal code’s sedition clause for a newspaper article was unprecedented and that the Sunday Standard had published several articles exposing corruption allegations within the DISS.  In 2016 lawyers for Mokone sought to have the charges dropped based on the penal code’s infringement of the defendant’s constitutional right to freedom of expression.  That same year the High Court ruled the penal code’s sedition clause was constitutional and charges of sedition against Mokone could proceed.  In September the government dropped all charges against Mokone.  The Court of Appeal did not rule on the constitutionality of the sedition clause.

Internet Freedom

The government did not restrict or disrupt access to the internet or censor online content, and there were no credible reports the government monitored private online communications without appropriate legal authority.  According to the International Telecommunication Union, in 2017 approximately 41 percent of individuals used the internet.

Academic Freedom and Cultural Events

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

Brazil

Section 2. Respect for Civil Liberties, Including:

b. Freedom of Peaceful Assembly and Association

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

FREEDOM OF PEACEFUL ASSEMBLY

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

Brunei

Section 2. Respect for Civil Liberties, Including:

b. Freedom of Peaceful Assembly and Association

The government limited/restricted freedoms of peaceful assembly and association.

FREEDOM OF PEACEFUL ASSEMBLY

The government’s emergency powers restrict the right to assemble. Public gatherings of 10 or more persons require a government permit, and police may disband an unofficial assembly of five or more persons deemed likely to cause a disturbance of the peace. Permits require the approval of the minister of home affairs. The government routinely issued permits for annual events, but occasionally used the restrictions to disrupt political gatherings. Organizers of events on sensitive topics tended to hold meetings in private rather than apply for permits, or practiced self-censorship at public events. In March the RBPF raided a live music event organized by a local grassroots arts initiative and detained the 176 persons in attendance. A number of those detained were charged with possession of narcotics. The raid was publicized live on national television and followed a clamp down on drugs and alcohol by authorities. The LGBTI community reported that the government would not issue permits for community events or events on LGBTI topics.

FREEDOM OF ASSOCIATION

The law does not provide for freedom of association. The law requires formal groups, including religious, social, business, labor, and cultural organizations, to register with the Registrar of Societies and provide regular reports on membership and finances. Applicants were subject to background checks, and proposed organizations were subject to naming requirements, including a prohibition on names or symbols linked to triad societies (Chinese organized crime networks). The government reported it accepted the majority of applications to form associations, but some new organizations reported delaying their registration applications after receiving advice that the process would be difficult. The government may suspend the activities of a registered organization if it deems such an act to be in the public interest.

Organizations seeking to raise funds or donations from the general public are required to obtain permission from the Ministry of Home Affairs, and each individual fundraising activity requires a separate permit. Approved organizations dealt with matters such as pollution, wildlife preservation, arts, entrepreneurship, and women in business.

Bulgaria

Section 2. Respect for Civil Liberties, Including:

b. Freedom of Peaceful Assembly and Association

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

FREEDOM OF ASSOCIATION

Authorities continued to deny registration of the Macedonian activist group OMO Ilinden despite a January judgment and 10 prior decisions of the European Court of Human Rights that the denials violated the group’s freedom of association.

Burkina Faso

Section 2. Respect for Civil Liberties, Including:

b. Freedom of Peaceful Assembly and Association

FREEDOM OF PEACEFUL ASSEMBLY

The constitution and law provide for freedom of peaceful assembly, and the government generally respected this right.

In October 2017 national police arrested Pascal Zaida, a civil society leader and open government critic, for holding a demonstration to protest against the administration without a permit. National police issued a statement that they had denied his three prior requests to protest because the protest presented “a risk of disturbing public order.” Authorities released Zaida in November 2017 after 37 days in pretrial detention.

Political parties and labor unions may hold meetings and rallies without government permission, although advance notification and approval are required for public demonstrations that may affect traffic or threaten public order. If a demonstration or rally results in violence, injury, or significant property damage, penalties for the organizers include six months to five years’ imprisonment and fines of between 100,000 and two million CFA francs ($180 and $3,600). These penalties may be doubled for conviction of organizing an unauthorized rally or demonstration. Demonstrators may appeal denials or imposed modifications of a proposed march route or schedule before the courts.

Burma

Section 2. Respect for Civil Liberties, Including:

b. Freedom of Peaceful Assembly and Association

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

FREEDOM OF PEACEFUL ASSEMBLY

The constitution provides the right to peaceful assembly, although this right was not always respected in practice. Restrictions remained in place in 11 Rangoon townships on all applications for processions or assemblies. Some civil society groups asserted these restrictions were selectively applied and used to prevent demonstrations against the government or military. Farmers and social activists continued to hold protests over land rights and older cases of land confiscation throughout the country, and human rights groups continued to report cases in which the government arrested groups of farmers and those supporting them for demanding the return of confiscated land. Many reported cases involved land seized by the military under the former military regime and given to private companies or persons with ties to the military.

Local government officials in Yangon Region, Kayah State, and elsewhere required civil society organizations to apply for advance permission before holding meetings and other functions in hotels and other public venues. Officials forced venues to cancel civil society events where such permission was not obtained. Officials in Mandalay Division and Kayah State required civil society organizations to request advance permission from the local government to meet with diplomats.

At least 42 persons were arrested in May for their participation in peaceful antiwar protests in Rangoon, Mandalay, and other cities. Three people who were arrested for their participation in a related poetry reading were sentenced on September 19, two with fines of 20,000 kyats ($13) and one opting to serve 15 days in prison instead of paying the fine.

Following a peaceful protest on July 3 against the erection of a statue of the Burmese independence hero General Aung San, in Loikaw, Kayah State, 16 demonstrators were arrested; 11 of those 16 faced charges under Sections 505(b) for distributing pamphlets related to the protest. The trial continued as of October.

Common charges used to convict peaceful protesters included criminal trespass, violation of the Peaceful Assembly and Processions Act, and violation of Section 505(b) of the penal code, which criminalizes actions the government deemed likely to cause “an offense against the State or against the public tranquility.”

FREEDOM OF ASSOCIATION

Although the constitution and laws allow citizens to form associations and organizations, the government sometimes restricted this right.

In June the State Sangha Maha Nayaka Committee ordered local branches of the organization commonly known as Ma Ba Tha to remove signs using that name, following a 2017 ban on the use of the name after which the organization formally rebranded itself the Buddha Dhamma Parahita Foundation. Some of its members, including Wirathu, were sanctioned in 2017 for inflaming tensions towards the Muslim community using ultranationalist rhetoric. Some local branches of the organization continued to use the name on their signs in spite of the ban, and as of October no action had been taken against them.

The law on registering organizations stipulates voluntary registration for local NGOs and removes punishments for noncompliance for both local and international NGOs. Some NGOs that tried to register under this law found the process extremely onerous.

Activists reported civil society groups, community-based organizations, and informal networks operated openly and continued to discuss openly human rights and other political problems. They reported, however, that state surveillance of such operations and discussions was common and that government restrictions on meetings and other activity increased during the year.

Burundi

Section 2. Respect for Civil Liberties, Including:

b. Freedom of Peaceful Assembly and Association

FREEDOM OF PEACEFUL ASSEMBLY

The constitution and law provide for freedom of peaceful assembly, but the government severely restricted this right (see section 1.d.). The law requires political parties and large groups to notify the government with details prior to a public meeting and at least four days prior to a proposed demonstration, and allows the government to prohibit meetings or demonstrations for reasons of “public order.” When notified, authorities in most cases denied permission for opposition members to meet or demonstrate and dispersed meetings already underway. By contrast, supporters of the CNDD-FDD and government officials were regularly able to meet and organize demonstrations on short notice; these demonstrations were frequently large and included participation by senior officials.

Freedom of assembly was significantly restricted in the wake of the failed coup attempt in 2015, and these restrictions largely remained in place, with some notable exceptions. Members of the wing of the nonrecognized FNL-Rwasa and the Amizero Y’Abarundi coalition of independents stated that government officials harassed or arrested supporters for holding unauthorized meetings. Other political parties generally reported being unable to hold party meetings or conduct political activities outside Bujumbura, except during the official campaign period before the May referendum. Some opposition party members cited greater leeway, however, to conduct political meetings, such as party conferences than in the preceding three years. In September the FRODEBU-Sahwanya party conducted a congress in Bujumbura followed by a series of meetings in regions around the country; however, the party continued to be unable to conduct public events outside of Bujumbura.

During the official May 1-14 campaign period before the referendum, the Amizero Y’Abarundi coalition of independents led by Rwasa and some other opposition parties conducted large rallies throughout the country to publicize their opposition to, and advocate for votes against, the proposed constitutional changes. The events were widely publicized in media sources, through social media, and online, and there were no apparent constraints on Rwasa’s public discourse, which was critical of the government. There were some reports that individuals attending rallies subsequently faced arrest or harassment by government officials, security services, and members of the Imbonerakure.

Outside of the official campaign period, opposition actors continued to be restricted from conducting most political activities, and members of the Imbonerakure and security services arrested, harassed, and in some cases committed violence against individuals they alleged opposed passage of the referendum. Although government officials stated that restrictions on political speech outside of the campaign period were consistent with the Burundian Electoral Code, no such limitations were applied to government officials and members of the CNDD-FDD party, who between December and May conducted numerous events and media appearances, during which they promoted the referendum and the proposed constitutional changes.

FREEDOM OF ASSOCIATION

The constitution provides for freedom of association within the confines of the law, but the government severely restricted this right.

In January 2017 the government enacted a law constricting the liberties of international NGOs. The law includes requirements that international NGOs deposit a portion of their budgets at the Bank of the Republic of Burundi and that they maintain ethnic and gender balances in the recruitment of local personnel. The law contains several clauses that give the government considerable control over NGO selection and programming. In November 2017 an international NGO was instructed to suspend its agricultural programs due to a disagreement with the Ministry of Agriculture and Livestock on program design; in September the NGO was reinstated following lengthy negotiations with the government. In December 2017 another international NGO was expelled for allegedly distributing rotten seeds.

On September 27, the government’s National Security Council announced a three-month suspension of international NGOs as of October 1. On October 2, the minister of the interior clarified that the government was suspending their operations until the NGOs provided documents demonstrating compliance with the country’s NGO and banking laws. The minister required NGOs to submit a copy of their cooperative agreement with the Ministry of Foreign Affairs, a memorandum of understanding with the appropriate technical ministry, a certification of compliance with banking regulations, and a plan to comply with the law’s ethnic and gender balances within three years. He stated that the ministry would review the files of each NGO as soon as it received their submissions, but that NGOs failing to provide documents within three months would be closed. Many organizations viewed the suspension as a politically motivated restriction on civil space. The suspension had an immediate and significant impact on NGO operations, including on the provision of basic services. Some international NGOs were allowed to continue medical and education programs during the suspension. As of mid-November the government had lifted the suspension on 38 NGOs, while the majority were either awaiting response to their compliance documents or still in the process of completing them.

In January 2017 the government also enacted laws governing domestic CSOs. The law requires CSOs to register with the Ministry of the Interior (or with provincial governments if they operate in a single province), a complex process that includes approval for an organization’s activities from the Ministry of the Interior and other ministries depending on their areas of expertise. There is no recourse when authorities deny registration. Registration must be renewed every two years. The law provides for the suspension or permanent closure of organizations for “disturbing public order or harming state security.”

In 2016 the government permanently banned five CSOs that it claimed were part of the political opposition. In 2016 the government announced its intention to ban Ligue Iteka, the country’s oldest human rights organization, for “sow(ing) hate and division among the population following a social media campaign created by the International Federation of Human Rights and Ligue Iteka in which a mock movie trailer accused the president of planning genocide.” The ban took effect in January 2017; Ligue Iteka continued to operate from Uganda and report on conditions in Burundi. At year’s end there were no further reported closings of domestic CSOs.

Cabo Verde

Section 2. Respect for Civil Liberties, Including:

b. Freedom of Peaceful Assembly and Association

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

Cambodia

Section 2. Respect for Civil Liberties, Including:

The constitution provides for freedom of expression, including the press; however, in 2017-18 the government carried out a sustained campaign to eliminate independent news media in the country, and most individuals and institutions reported on the need for self-censorship.

Section 2. Respect for Civil Liberties, Including:

b. Freedom of Peaceful Assembly and Association

FREEDOM OF PEACEFUL ASSEMBLY

Although the constitution provides for freedom of peaceful assembly, the government did not always respect this right.

The Law on Associations and Nongovernmental Organizations (LANGO) requires all groups to register and requires advance notification for meetings, training, protests, marches, or demonstrations, although authorities inconsistently enforced this requirement. One provision requires five days’ notice for most peaceful demonstrations, while another requires 12 hours’ notice for impromptu gatherings on private property or protests at designated venues and limits such gatherings to 200 persons. By law provincial or municipal governments may issue demonstration permits at their discretion. Lower-level government officials, particularly in Phnom Penh, generally denied requests unless the national government specifically authorized the gatherings. All levels of government routinely denied permits to groups critical of the ruling party.

There were credible reports the government prevented associations and NGOs from organizing human rights-related events and meetings, because those NGOs failed to receive permission from local authorities; however, the law does not require preapproval any such events. Authorities cited the need for stability and public security–terms left undefined in the law and therefore subject to wide interpretation–as reasons for denying permits. Government authorities occasionally cited the LANGO simply to break up meetings and trainings deemed hostile to the government.

Despite these restrictions the press reported numerous public protests, most related to land or labor disputes. In some cases police forcibly dispersed peaceful groups assembled without a permit, sometimes causing minor injuries to demonstrators. In other cases police used force against demonstrators after they interfered with traffic, made threats or carried out acts of violence, or refused orders to disperse.

According to a joint report released in August by the CCHR, ADHOC, the American Center for International Labor Solidarity, and the International Center for Not-for-Profit Law, from April 2017 to March, there were 48 incidents of NGOs prevented by authorities from holding meetings, training, or gatherings due to LANGO provisions. The report also recorded 539 restrictions of fundamental freedoms by the government and third-party entities linked to the government between April 2017 and March, a 52 percent increase from the previous year. Although the vast majority of restrictions occurred in Phnom Penh, restrictions were documented in every province except Prey Veng and Kep. The government sometimes took legal action against peaceful protesters. On February 14, authorities arrested four union leaders and charged them with organizing an illegal strike at the Cosmo Textile Factory in Kandal Province. In October 2017 authorities arrested five persons who planned to distribute leaflets during the Water Festival to call for demonstrations to demand the government release political prisoners. On the same day, the Phnom Penh municipal court summoned Leng Seng Hong, president of the Cambodian Democratic Student Intellectual Federation, to appear in court on charges of incitement to commit felony for appealing to the public to protest if the CNRP was dissolved.

Senior government and military officials, including Prime Minister Hun Sen, Phnom Penh Governor Khoung Sreng, CPP spokesperson Sok Eysan, Council of Ministers spokesperson Phay Siphan, and armed forces Commander in Chief Pol Sarouen, warned the public not to gather or demonstrate in the capital during the trial of opposition leader Kem Sokha following his arrest in September 2017.

In April the NEC threatened to prosecute anyone who urged voters to boycott the elections. In June it sent a message to mobile phone subscribers forbidding “criticizing, attacking, or comparing their party policies to other parties.” Government officials threatened that persons who boycotted the election but inked their fingers to indicate they had voted would receive punishment.

FREEDOM OF ASSOCIATION

The constitution provides for freedom of association, but the government did not always respect this right, particularly with regard to workers’ rights (see section 7.a.). The law requires all associations and NGOs to be politically neutral, which not only restricts the right to association but also restricts those organizations’ rights to free expression.

In June 2017 Prime Minister Hun Sen ordered the Ministry of Interior to dissolve the Situation Room, a consortium of 40 of the country’s prominent human rights NGOs, after it issued findings on the conduct of the June 4 communal elections. The Situation Room was charged with violating the LANGO for failing to register as an NGO (although each of the 40 constituent NGOS were registered individually) and for violating the LANGO provisions on political neutrality. After COMFREL, the lead NGO in the Situation Room, announced it would unofficially observe election-day atmospherics without entering polling stations, it received a warning from the Ministry of Interior that any COMFREL volunteers found observing the election would be subject to legal penalties.

In September 2017 the government dissolved environmental NGO Mother Nature without explanation, simply issuing a letter stating the Interior Ministry’s power to do so: “The Deputy Prime Minister and Minister of Interior (Sar Kheng) decides to cancel the Mother Nature organization…from the list of the nongovernmental organizations of the Ministry of Interior.”

In August 2017 authorities forced the National Democratic Institute to cease operations in the country, after authorities found it did not properly register with the Ministry of Foreign Affairs (despite a valid memorandum of understanding with the NEC).

In September 2017 the Ministry of Interior also suspended the operations of land rights NGO Equitable Cambodia due to what the ministry alleged were violations of the organization’s own bylaws and failures to update the ministry with the most recent staff roster. The ministry finally permitted the NGO to reopen in February.

Vaguely worded provisions in several laws prohibit any activity that may “jeopardize peace, stability, and public order” or harm “national security, national unity, traditions, and the culture of Cambodian society.” Civil society organizations expressed concern these provisions created a substantial risk of arbitrary restriction of the right of association. According to critics, the laws on associations and trade unions (see section 7.a.) establish heavily bureaucratic, multistep registration processes that lack both transparency and administrative safeguards, rendering registration processes vulnerable to politicization. These laws also impose burdensome reporting obligations on activities and finances, including the disclosure of all successful funding proposals, financial or grant agreements, and bank accounts.

The local NGO consortium Cooperation Committee for Cambodia reported in July that NGOs generally lacked guidance from the government on how to comply with the requirements.

Cameroon

Section 2. Respect for Civil Liberties, Including:

b. Freedom of Peaceful Assembly and Association

The government limited and restricted freedoms of peaceful assembly and association.

FREEDOM OF PEACEFUL ASSEMBLY

Although the law provides for freedom of peaceful assembly, the government often restricted this right.  The law requires organizers of public meetings,

demonstrations, and processions to notify officials in advance but does not require prior government approval of public assemblies, nor does it authorize the government to suppress public assemblies that it has not approved in advance.  Nevertheless, officials routinely asserted the law implicitly authorizes the government to grant or deny permission for public assemblies.  The government often refused to grant permits for gatherings and used force to suppress assemblies for which it had not issued permits.  Authorities typically cited “security concerns” as the basis for deciding to block assemblies.  The government also prevented civil society organizations and political parties from holding press conferences.  Police and gendarmes forcibly disrupted meetings and demonstrations of citizens, trade unions, and political activists throughout the year, arrested participants in unapproved protests, and blocked political leaders from attending protests.

On March 9, in Yaounde, police arrested approximately 20 women who participated in a rally, holding up a banner that read, “Stand Up for Cameroon.”  According to the organizers of the rally, including Edith Kabang Walla, the president of the Cameroon People’s Party (CPP), the event was aimed to call attention to the deteriorating sociopolitical situation in the country.  Police released the women after keeping them for a few hours at the judicial police’s regional headquarters.

Authorities also banned some political rallies.  In April the divisional officer of Fokoue in Menoua Division, West Region, banned a meeting meant to encourage voter registration by the CRM opposition party.  The CRM claimed they notified the divisional officer that they were organizing an event on April 11.  This event would have been 10th in a series organized in conjunction with Elections Cameroon, the organization that oversees and administers elections, to encourage more persons to register to vote.  The divisional officer initially told CRM leaders the meeting might not be authorized because April 11 was a market day.  On April 9, he reportedly changed his mind and instead referred CRM’s leaders to the mayor, whom he said had control over the market place.  Organizers said they had contacted the mayor, who said she had planned to conduct a tax collection exercise in the market that day and turned down the request.  Further, in June the mayor of Bagangte banned a rally by the CRM at the local ceremonial ground and reportedly justified his decision by saying that the ceremonial ground was meant only for exceptional events and official ceremonies.  CRM officials said the ruling CPDM held a meeting at the venue a few days earlier.  Authorities also banned rallies by the CRM in Baham and Bandjoun in the West Region.

FREEDOM OF ASSOCIATION

The constitution and law provide for freedom of association, but the law also limits this right.  On the recommendation of the senior divisional officer, the Ministry of Territorial Administration may suspend the activities of an association for three months on the grounds that the association is disrupting public order.  The minister may also dissolve an association if it is deemed a threat to state security.  National associations may acquire legal status by declaring themselves in writing to the ministry, but the ministry must explicitly register foreign associations and religious groups.  The law imposes heavy fines for individuals who form and operate any such association without ministry approval.  The law prohibits organizations that advocate a goal contrary to the constitution, laws, and morality, as well as those that aim to challenge the security, territorial integrity, national unity, national integration, or republican form of the state.

Conditions for recognition of political parties, NGOs, or associations were complicated, involved long delays, and were unevenly enforced.  This resulted in associations operating in legal uncertainty, their activities tolerated but not formally approved.

Unlike in 2017 the government did not ban any organizations during the year.  On July 18, however, Minister of Territorial Administration Paul Atanga Nji unilaterally designated three political figures as spokespersons for three opposition political parties, disregarding these parties’ own hierarchies and internal elections.  The minister stated the three parties, the Cameroon People’s Party (CPP), the

Union of the Peoples of Cameroon (UPC), and the African Movement for a New Independence and Democracy (Manidem), were suffering from persistent internal crises.  He urged administrative command officers nationwide to authorize only events organized by the appointees.  On July 20, all three appointed leaders joined 17 other nominally “opposition” leaders to rally with their parties behind President Biya for the October 7 presidential election.

Canada

Section 2. Respect for Civil Liberties, Including:

b. Freedom of Peaceful Assembly and Association

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

Central African Republic

Section 2. Respect for Civil Liberties, Including:

b. Freedom of Peaceful Assembly and Association

FREEDOM OF PEACEFUL ASSEMBLY

The constitution provides for the freedoms of peaceful assembly and association, including the right to participate in political protests. The government, however, denied most requests to protest that were submitted by civil society groups, citing insecurity in Bangui.

FREEDOM OF ASSOCIATION

A law prohibiting nonpolitical organizations from uniting for political purposes remained in place. In May the government briefly detained opposition leader Joseph Bendounga following a march in Bangui. The attorney general reiterated that the detention was justified because the march was not authorized.

Chad

Section 2. Respect for Civil Liberties, Including:

b. Freedom of Peaceful Assembly and Association

The government limited freedoms of peaceful assembly and association.

FREEDOM OF PEACEFUL ASSEMBLY

Although the constitution provides for freedom of peaceful assembly in limited circumstances, the government did not respect this right. The government regularly interfered with opposition protests and civil society gatherings. The law requires organizers to notify the Ministry of Public Security and Immigration five days in advance of demonstrations, although groups that provided advance notice did not always receive permission to assemble. The law also requires opposition political parties to meet complicated registration requirements for party gatherings. Following the 2015 Boko Haram attacks, the ministry often denied permission for large gatherings, including social events such as weddings and funerals.

The Ministry of Administration, Public Security, and Local Governance banned the peaceful march planned by lawyers and notaries for June 16, and it did not happen. The march was intended to demand the government turn former governor of Logone Oriental and his accomplices over to the justice system. Former governor Adam Nouky Charfaddine and some military personnel were accused of the assassination attempt on a lawyer, as well as kidnapping and illegally detaining three individuals released by courts.

FREEDOM OF ASSOCIATION

The constitution and law provide for freedom of association, and the government generally respected this right. While an ordinance requires the Ministry of Public Security and Immigration to provide prior authorization before an association, including a labor union, may be formed, there were no reports the ordinance was enforced. The ordinance also allows for the immediate administrative dissolution of an association and permits authorities to monitor association funds.

Chile

Section 2. Respect for Civil Liberties, Including:

b. Freedom of Peaceful Assembly and Association

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

China (includes Tibet, Hong Kong, and Macau) – China

Section 2. Respect for Civil Liberties, Including:

b. Freedom of Peaceful Assembly and Association

The government restricted freedoms of peaceful assembly and association.

FREEDOM OF PEACEFUL ASSEMBLY

While the constitution provides for freedom of peaceful assembly, the government severely restricted this right. The law stipulates such activities may not challenge “party leadership” or infringe upon the “interests of the state.” Protests against the political system or national leaders were prohibited. Authorities denied permits and quickly suppressed demonstrations involving expression of dissenting political views.

Citizens throughout the country continued to gather publicly to protest evictions, forced relocations, and inadequate compensation, often resulting in conflict with authorities or formal charges. Media reported thousands of protests took place during the year across the country. Although peaceful protests are legal, public security officials rarely granted permits to demonstrate. Despite restrictions, many demonstrations occurred, but authorities quickly broke up those motivated by broad political or social grievances, sometimes with excessive force.

On March 20-30, more than one thousand residents from Longyan’s Changting County in Fujian province protested outside the local government office against the government’s plan to construct a garbage incinerator one kilometer (0.6 mile) from the town’s residential areas. On March 30, local authorities called in riot police to restore order. Later that day government officials announced they were canceling the planned incinerator project.

Concerts, sports events, exercise classes, or other meetings of more than 200 persons require approval from public security authorities. Large numbers of public gatherings in Beijing and elsewhere were canceled at the last minute or denied government permits, ostensibly to ensure public safety.

FREEDOM OF ASSOCIATION

The constitution provides for freedom of association, but the government restricted this right. CCP policy and government regulations require all professional, social, and economic organizations officially register with and receive approval from the government. These regulations prevented the formation of autonomous political, human rights, religious, spiritual, labor, and other organizations that the government believed might challenge its authority in any area. The government maintained tight controls over civil society organizations and in some cases detained or harassed NGO workers.

The regulatory system for NGOs was highly restrictive, but specific requirements varied depending on whether an organization was foreign or domestic. Domestic NGOs were governed by the Charity Law and a host of related regulations. Domestic NGOs could register in one of three categories: a social group, a social organization, or a foundation. All domestic NGOs are required to register under the Ministry of Civil Affairs and find an officially sanctioned sponsor to serve as their “professional supervisory unit.” Finding a sponsor was often challenging, since the sponsor could be held civilly or criminally responsible for the NGO’s activities. All organizations are also required to report their sources of funding, including foreign funding. Domestic NGOs continued to adjust to this new regulatory framework.

In 2016 the CCP Central Committee issued a directive mandating the establishment of CCP cells within all domestic NGOs by 2020. According to authorities, these CCP organizations operating inside domestic NGOs would “strengthen guidance” of NGOs in areas such as “decision making for important projects, important professional activities, major expenditures and funds, acceptance of large donations, and activities involving foreigners.” The directive also mandates authorities conduct annual “spot checks” to ensure compliance on “ideological political work, party building, financial and personnel management, study sessions, foreign exchange, acceptance of foreign donations and assistance, and conducting activities according to their charter.”

In January 2017 the Law on the Management of Foreign NGOs’ Activities in Mainland China (Foreign NGO Management Law) came into effect. The law requires foreign NGOs to register with the Ministry of Public Security and to find a state-sanctioned sponsor for their operations. NGOs that fail to comply face possible civil or criminal penalties. The law provides no appeal process for NGOs denied registration, and it stipulates NGOs found to have violated certain provisions could be banned from operating in the country. The law also states domestic groups cooperating with unregistered foreign NGOs will be punished and possibly banned.

Some international NGOs reported it was more difficult to work with local partners, including universities, government agencies, and other domestic NGOs, as the law codified the CCP’s perception that foreign NGOs were a “national security” threat. Finding an official sponsor was difficult for most foreign NGOs, as sponsors could be held responsible for the NGOs’ conduct and had to undertake burdensome reporting requirements. After the Ministry of Public Security published a list of sponsors, NGOs reported most government agencies still had no unit responsible for sponsoring foreign NGOs. Professional Supervisory Units reported they had little understanding of how to implement the law and what authorities would expect of them. The vague definition of an NGO, as well as of what activities constituted “political” and therefore illegal activities, left many business organizations and alumni associations uncertain whether they fell within the purview of the law. The lack of clear communication from the government, coupled with harassment by security authorities, caused some foreign NGOs to suspend or cease operations in the country. As of December 31, approximately 439 of the officially estimated 7,000 previously operational foreign NGOs had registered under the Foreign NGO Management Law, with most focusing on trade and commerce activities.

According to the Ministry of Civil Affairs, by the end of 2017, there were more than 800,000 registered social organizations, public institutions, and foundations. Many experts believed the actual number of domestic NGOs to be much higher. Domestic NGOs reported foreign funding continued to drop, as many domestic NGOs sought to avoid such funding due to fear of being labeled as “subversive” in the face of growing restrictions imposed by new laws. NGOs existed under a variety of formal and informal guises, including national mass organizations created and funded by the CCP that are organizationally prohibited from exercising any independence, known as government-operated NGOs or GONGOs.

For donations to a domestic organization from a foreign NGO, the Foreign NGO Management Law requires foreign NGOs to maintain a representative office in the country to send funds or to use the bank account of a domestic NGO when conducting temporary activities. By law foreign NGOs are prohibited from using any other method to send and receive funds, and such funding must be reported to the Ministry of Public Security. Foreign NGOs are prohibited from fundraising and “for-profit activities” under the law.

Although all registered organizations came under some degree of government control, some NGOs, primarily service-oriented GONGOs, were able to operate with less day-to-day scrutiny. Authorities supported the growth of some NGOs that focused on social problems, such as poverty alleviation and disaster relief. Law and regulations explicitly prohibit organizations from conducting political or religious activities, and organizations that refused to comply faced criminal penalties.

Authorities continued to restrict and evict local NGOs that received foreign funding and international NGOs that provided assistance to Tibetan communities in the TAR and other Tibetan areas. Almost all were forced to curtail their activities altogether due to travel restrictions, official intimidation of staff members, and the failure of local partners to renew project agreements.

China (includes Tibet, Hong Kong, and Macau) – Hong Kong

Section 2. Respect for Civil Liberties, Including:

b. Freedom of Peaceful Assembly and Association

The law provides for the freedoms of peaceful assembly and association, but government actions, including prosecutions of activists, increased the perceived risks associated with participating in political protest.

FREEDOM OF PEACEFUL ASSEMBLY

The law provides for freedom of peaceful assembly, and the government generally respected this right. Police routinely issued the required “letter of no objection” for public meetings and demonstrations–including those critical of the SAR and central governments–and most protests occurred without serious incident.

On June 4, tens of thousands of persons peacefully gathered without incident in Victoria Park to commemorate the 28th anniversary of the Tiananmen Square crackdown. The annual vigil and a smaller annual event in Macau were reportedly the only sanctioned events in China to commemorate the Tiananmen Square anniversary. Figures varied for participation in the annual July 1 prodemocracy demonstration, held on the anniversary of the 1997 transfer of sovereignty over Hong Kong to China. Police estimated 14,500 protesters; an independent polling organization estimated 27,000, and organizers claimed 60,000. Police did not interfere with the legally permitted rally.

Several government prosecutions of protesters and attempts to seek harsher penalties against protesters raised the perceived cost of protesting government policies, which could have a chilling effect on political protest in the SAR. For example, in 2016 authorities found prodemocracy activists Joshua Wong and Alex Chow guilty of participating in an illegal assembly. The charge arose after they led a group of persons over a fence into a closed SAR government complex where protests had traditionally been held at the start of the 2014 Occupy protests. In connection with the same event, prodemocracy activist Nathan Law was found guilty of inciting others to participate in an illegal assembly. Wong and Law were originally sentenced to perform 80 and 120 hours of community service, respectively, while Chow was given a suspended sentence of three weeks’ imprisonment. The government filed a timely appeal of the sentences, and Wong and Law completed their community service sentences while the appeal was pending.

On August 17, the Court of Appeal overturned the lower court’s sentences and ordered Wong, Law, and Chow to serve six, eight, and seven months in prison, respectively. The Court of Appeal argued the lower court’s sentences were inadequate and stiffer sentences were required to deter such acts in the future, which the court characterized as violent. Wong and Law were imprisoned from August through October, when they were released on bail, pending the outcome of their appeal. Chow was imprisoned in August and released on bail in November, also pending the outcome of his appeal. On August 20, tens of thousands of persons protested the prison sentences, which would bar the three from running in local elections for five years, according to SAR law. Some commentators claimed the SAR government sought stiffer penalties against the trio in order to stifle dissent and prevent the three defendants from running for office. Two UN special rapporteurs and prominent international lawyers expressed public concern the prison sentences were inconsistent with freedoms of expression and assembly. The SAR government denied any political motivation for seeking stiffer penalties against the trio and argued the cases were handled in accordance with the law. Wong, Law, and Chow appealed their sentences.

FREEDOM OF ASSOCIATION

SAR law provides for freedom of association, and the government generally respected it. Nonetheless, officials did not approve prodemocracy political party Demosisto’s application to register as a legal entity, even though the application had been pending for more than one year. The mainland Foreign NGO Management Law, which came into effect on January 1 and also applies to NGOs based in the SAR, imposes onerous restrictions on NGOs’ ability to operate in the mainland.

China (includes Tibet, Hong Kong, and Macau) – Macau

Section 2. Respect for Civil Liberties, Including:

b. Freedom of Peaceful Assembly and Association

The law provides for freedom of peaceful assembly and association, and the government often respected these rights, despite some efforts to discourage participation in peaceful demonstrations.

FREEDOM OF PEACEFUL ASSEMBLY

The law requires prior notification, but not approval, of demonstrations involving public roads, public places, or places open to the public. Police may redirect demonstration marching routes, but organizers have the right to challenge such decisions in court.

Activists alleged authorities were making a concerted effort to use both intimidation and criminal proceedings against participants in peaceful demonstrations to discourage their involvement. For example, the Legislative Assembly, in a secret ballot, voted to suspend Sulu Sou from the Legislative Assembly after prosecutors charged him with “aggravated disobedience” to police authorities during a peaceful protest against the Chief Executive. Activists reported police routinely attempted to intimidate demonstrators by ostentatiously taking videos of them and advising bystanders not to participate in protests.

In June approximately 200 persons participated in a vigil at Senado Square to mark the 28th anniversary of the 1989 Tiananmen Square crackdown.

FREEDOM OF ASSOCIATION

The law provides for freedom of association, and the government generally respected this right. No authorization is required to form an association, and the only restrictions on forming an organization are that it not promote racial discrimination, violence, crime, or disruption of public order, or be military or paramilitary in nature.

China (includes Tibet, Hong Kong, and Macau) – Tibet

Section 2. Respect for Civil Liberties, Including:

b. Freedom of Peaceful Assembly and Association

Even in areas officially designated as “autonomous,” Tibetans generally lacked the right to organize and play a meaningful role in the protection of their cultural heritage and unique natural environment. Tibetans often faced government intimidation and arrest if they protested official policies or practices.

In February the TAR Public Security Office announced it would consider as criminals those who promote “economic, people’s livelihood, environmental, traditional, and cultural development in Tibetan areas” on behalf of the “Dalai clique” and “foreign hostile forces,” and would label these “spokespersons” as criminals.

In July local contacts reported that many monasteries and rural villages in the TAR and Tibetan areas in Sichuan and Qinghai provinces received official warnings not to organize certain gatherings, including the celebration of the Dalai Lama’s birthday. In one instance, Radio Free Asia reported authorities from Malho (Chinese: Huangnan) TAP of Qinghai province deployed large numbers of armed police to Tibetan villages and towns to discourage such celebrations. According to these contacts, many Tibetan students at various nationality universities were instructed not to organize gatherings and parties in March (Tibet Uprising Day) or July (the Dalai Lama’s birthday).

Colombia

Section 2. Respect for Civil Liberties, Including:

b. Freedom of Peaceful Assembly and Association

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

FREEDOM OF PEACEFUL ASSEMBLY

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. For example, on December 14, media reported eight students were injured as a result of confrontations between student protesters and the Esmad in Popayan. An unknown number of police officers were also injured.

FREEDOM OF ASSOCIATION

The law provides for the freedom of association, and the government generally respected this right. Freedom of association was limited 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.

Comoros

Section 2. Respect for Civil Liberties, Including:

b. Freedom of Peaceful Assembly and Association

The constitution and law provide for the freedoms of peaceful assembly and association, but the government did not always respect these rights.

FREEDOM OF PEACEFUL ASSEMBLY

On June 21, a peaceful march by the Mouvement du 17 Fevrier in Fomboni, Moheli, was dispersed by the police due to lack of Interior Ministry authorization, despite the claim by organizers that they had authorization from the mayor of Fomboni. The next day, opposition leaders Moustoifa Said Cheikh, Ahmed Wadaane, and Ibrahim Razida, were arrested for their role in the march and charged with mobbing, disturbing public order, and holding an unauthorized protest. On July 2, they were found guilty and sentenced to 12 months’ imprisonment and a fine of 150,000 Comorian francs ($358), but they were released after 20 days.

Costa Rica

Section 2. Respect for Civil Liberties, Including:

b. Freedom of Peaceful Assembly and Association

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

Cote d’Ivoire

Section 2. Respect for Civil Liberties, Including:

b. Freedom of Peaceful Assembly and Association

The law provides for the freedoms of peaceful assembly and association, but the government sometimes restricted the freedom of peaceful assembly.

FREEDOM OF PEACEFUL ASSEMBLY

The law provides for freedom of peaceful assembly, but the government did not always respect this right. The law requires groups that wish to hold demonstrations or rallies in stadiums or other enclosed spaces to submit a written notice to the Ministry of Interior three days before the proposed event. Numerous opposition political groups reported denials of their requests to hold political meetings and alleged inconsistent standards for granting public assembly permissions. In some instances public officials stated they could not provide for the safety of opposition groups attempting to organize both public and private meetings.

In May, 21 students protesting poor living conditions were arrested following a clash with police in Abidjan and released after several days. In September stone-throwing students affiliated with a student union clashed with police on the campus of Houphouet-Boigny University in Abidjan as they protested education fees. The students disrupted traffic throughout the city, and police forces fought back using tear gas and sound grenades.

Croatia

Section 2. Respect for Civil Liberties, Including:

b. Freedom of Peaceful Assembly and Association

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

Cuba

Section 2. Respect for Civil Liberties, Including:

b. Freedom of Peaceful Assembly and Association

The government restricted freedoms of peaceful assembly and association.

FREEDOM OF PEACEFUL ASSEMBLY

Although the constitution grants a limited right of assembly, the right is subject to the requirement that it may not be “exercised against the existence and objectives of the socialist state.” The law requires citizens to request authorization for organized meetings of three or more persons, and failure to do so could carry a penalty of up to three months in prison and a fine. The government tolerated some gatherings, and many religious groups reported the ability to gather without registering or facing sanctions.

Independent activists faced greater obstacles, and state security forces often suppressed attempts to assemble, even for gatherings in private dwellings and in small numbers. The government did not grant permission to independent demonstrators or approve public meetings by human rights groups or others critical of any government activity.

The government also continued to organize “acts of repudiation” in the form of mobs organized to assault and disperse those who assembled peacefully. Participants arrived in government-owned buses or were recruited by government officials from nearby workplaces or schools. Participants arrived and departed in shifts, chanted progovernment slogans, sang progovernment songs, and verbally taunted those assembled peacefully. The targets of this harassment at times suffered physical assault or property damage. Government security officials at the scene, often present in overwhelming numbers, did not arrest those who physically attacked the victims or respond to victims’ complaints and instead frequently orchestrated the activities or took direct part in physical assaults.

FREEDOM OF ASSOCIATION

The government routinely denied citizens freedom of association and did not recognize independent associations. The constitution proscribes any political organization not officially recognized. A number of independent organizations, including opposition political parties and professional associations, operated as NGOs without legal recognition.

Recognized churches (including the Roman Catholic humanitarian organization Caritas), the Freemason movement, and a number of fraternal and professional organizations were the only organizations legally permitted to function outside the formal structure of the state or the CP. Religious groups are under the supervision of the CP’s Office of Religious Affairs, which has the authority to deny permits for religious activities and exerted pressure on church leaders to refrain from including political topics in their sermons.

Groups must register through the Ministry of Justice to receive official recognition. Authorities continued to ignore applications for legal recognition from new groups, including several new religious groups as well as women’s rights and gay rights organizations, thereby subjecting members to potential charges of illegal association.

The government continued to afford preferential treatment to those who took an active part in CP activities and mass demonstrations in support of the government, especially when awarding valued public benefits, such as admissions to higher education, fellowships, and job opportunities.

Cyprus

Section 2. Respect for Civil Liberties, Including:

b. Freedom of Peaceful Assembly and Association

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

Cyprus – the Area Administered by Turkish Cypriots

Section 2. Respect for Civil Liberties, Including:

b. Freedom of Peaceful Assembly and Association

The “law” provides for the freedoms of peaceful assembly and association, but the “government” sometimes limited both.

FREEDOM OF PEACEFUL ASSEMBLY

A teachers union reported police obstructed unions and civil society organizations from demonstrating and opening banners in front of the Turkish “embassy” during demonstrations and protests.

A labor union reported police interfered in demonstrations and used force against peaceful demonstrators. The labor union also reported police used force and pepper gas to disperse demonstrators during the Animal Producer Association’s demonstration in September.

FREEDOM OF ASSOCIATION

While the “law” provides for the freedom of association, and while the “government” usually respected this right, some organizations faced lengthy registration processes.

Czech Republic

Section 2. Respect for Civil Liberties, Including:

b. Freedom of Peaceful Assembly and Association

The constitution and law provide for the freedom of peaceful assembly and association and the government generally respected these rights.

FREEDOM OF PEACEFUL ASSEMBLY

The government may legally restrict or prohibit gatherings, including marches, demonstrations, and concerts, if they promote hatred or intolerance, advocate suppressing individual rights, or jeopardize the safety of the participants.

FREEDOM OF ASSOCIATION

The law requires organizations, associations, foundations, and political parties to register with the Ministry of Interior. The courts may dissolve or ban, and the Ministry of Interior may refuse to register, groups that incite hatred based on race, religion, class, nationality, or other affiliation or that use prohibited symbols.

Democratic People’s Republic of Korea

Section 2. Respect for Civil Liberties, Including:

b. Freedom of Peaceful Assembly and Association

FREEDOM OF PEACEFUL ASSEMBLY

While the constitution provides for freedom of peaceful assembly, the government did not respect this provision and continued to prohibit public meetings not previously authorized and not under government control.

FREEDOM OF ASSOCIATION

The constitution provides for freedom of association, but the government failed to respect this provision. There were no known organizations other than those created by the government. Professional associations existed primarily to facilitate government monitoring and control over organization members.

Democratic Republic of the Congo

Section 2. Respect for Civil Liberties, Including:

b. Freedom of Peaceful Assembly and Association

FREEDOM OF PEACEFUL ASSEMBLY

The constitution provides for freedom of peaceful assembly, but the government frequently restricted this right and prevented those critical of the government from exercising their right to peaceful assembly. The law requires organizers of public events to notify local authorities in advance of the event. The government maintained that public events required advance permission and regularly declined to authorize public meetings or protests organized by opposition parties or civil society groups critical of the government. The government did, however, authorize protests and assemblies organized by progovernment groups and political parties. During the year the SSF beat, detained, or arrested persons participating in protests, marches, and meetings. The SSF also used tear gas, rubber bullets, and at times live ammunition, resulting in numerous civilian deaths and injuries.

According to MONUSCO there were 633 violations of democratic space from January through August. These included restrictions on freedom of assembly, the right to liberty and security of person, and of the right to freedom of opinion and expression.

On March 19, a joint report of the UNJHRO and the OHCHR for 2017 stated that the SSF used illegal, systematic, and disproportionate force against protesters, resulting in 47 civilian deaths and several hundred wounded during protests. The report stressed the illegality of government prohibitions on public demonstrations and accused the FARDC’s 11th Rapid Reaction Brigade and the Republican Guard of grave violations of human rights for indiscriminately using live rounds specifically against civilians in August 2017 after members of the RMG Bundu dia Kongo separatist group attacked police and civilians in Kinshasa. The report also cited instances of threats and intimidation against protestors by government officials and outlined specific attacks and restrictions against UNJHRO personnel. The report confirmed at least nine deaths during December 2017 demonstrations, at least 98 wounded, and 185 arbitrarily arrested. For the January 21 demonstrations, the report cited at least seven persons killed, 67 wounded, and at least 121 persons arbitrarily arrested, including four children. The report also stressed that security force members were rarely, if ever, held accountable for disproportionate use of force during protests. It stated the United Nations was aware of only a few instances in which security force members were held accountable, including the case of one police officer who was sentenced to three years’ imprisonment in Bukavu for conviction related to his actions during a protest in July 2017.

In March government and civil society representatives released a report of investigations into abuses related to protests during December 2017, on January 21, and on February 25, alleging 14 deaths, 65 injuries, and 40 persons arrested, detained, and in some cases tortured.

In Kinshasa opposition parties were regularly allowed to hold political rallies. On April 24, the opposition UDPS party held a rally in the capital. On September 29, opposition parties held a rally in Kinshasa, but reports and photographs showed that the government sought to deter attendance by halting public transportation, raising fuel prices, and dumping garbage near the site of the rally.

The government, which must simply be informed of nonviolent demonstrations and is not vested with authorizing their occurrence, consistently prohibited nonviolent demonstrations elsewhere in the country, notably in Lubumbashi, Kananga, and Goma. On October 13, government officials and the SSF blocked opposition leaders from organizing a political rally in Lubumbashi to highlight concerns regarding the electoral process. The SSF prevented opposition leaders from accessing a residence of the rally leader and fired live ammunition into the air while opposition members attempted to reach the planned rally point. From November 21 to election day on December 30, the JHRO recorded 16 election-related deaths. This included three deaths in Lubumbashi on December 11, one death in Tanganyika on December 12, one death in Mbuji-Mayi on December 13, one death in Kisangani on December 14, one death in Tshikapa on December 18, one death in Lubumbashi on December 19, six deaths in Tanganyika on December 27, one death in Beni on December 28, and one death in South Kivu province on election day on December 30.

FREEDOM OF ASSOCIATION

The constitution provides for freedom of association, and the government generally respected this right. Civil society organizations and NGOs are required to register with the government and may receive funds only through donations; they may not generate any revenue, even if it is not at a profit. The registration process is burdensome and very slow. Some groups, particularly within the LGBTI community, reported the government had denied their registration requests.

During an interactive dialogue with civil society in Kinshasa in March 2016, the minister of justice and human rights stated that only 63 of more than 21,000 NGOs in the country were formally registered. Many NGOs reported that, even when carefully following the registration process, it often took years to receive legal certification. Many interpreted registration difficulties as intentional government obstacles for impeding NGO activity.

Denmark

Section 2. Respect for Civil Liberties, Including:

b. Freedom of Peaceful Assembly and Association

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

Djibouti

Section 2. Respect for Civil Liberties, Including:

b. Freedom of Peaceful Assembly and Association

The government restricted freedoms of peaceful assembly and association.

FREEDOM OF PEACEFUL ASSEMBLY

Although the constitution provides for freedom of assembly, the government restricted this right. The Ministry of Interior requires permits for peaceful assemblies. The ministry allowed opposition groups to host events and rallies. Security authorities occasionally restricted this right.

FREEDOM OF ASSOCIATION

The constitution and law allow for freedom of association provided community groups register and obtain a permit from the Ministry of Interior. Nevertheless, the ministry ignored the petitions of some groups (see section 5). The government harassed and intimidated opposition parties, human rights groups, and labor unions.

Dominica

Section 2. Respect for Civil Liberties, Including:

b. Freedom of Peaceful Assembly and Association

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

FREEDOM OF PEACEFUL ASSEMBLY

Following the February 2017 opposition political party’s public meeting and subsequent riot, the government denied the opposition a number of permits to hold public meetings, citing public safety. There were no reports that the government denied permits during the year.

Dominican Republic

Section 2. Respect for Civil Liberties, Including:

b. Freedom of Peaceful Assembly and Association

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

Ecuador

Section 2. Respect for Civil Liberties, Including:

b. Freedom of Peaceful Assembly and Association

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

FREEDOM OF PEACEFUL ASSEMBLY

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.

FREEDOM OF ASSOCIATION

The law provides for freedom of association. In October 2017 President Moreno issued Decree 193 to replace executive Decrees 16 and 739 that regulated freedom of association. NGOs claimed former president Correa used the latter two decrees–which required all social organizations, including NGOs, to reregister in a new online registration system within one year of the decree or face dissolution–to stymie opposition and limit foreign influence. Following implementation of the new decree, the government allowed the reincorporation of two organizations Correa had dissolved.

Decree 193 simplifies the application process to obtain and maintain legal status for NGOs and social groups by relaxing and eliminating some bureaucratic hurdles. The decree closes loopholes exploited by the former government to infiltrate and fracture NGOs, including the elimination of a clause forcing groups to provide membership to any person, even against the will of the other members. International NGOs faced fewer restrictions on working in the country under the new decree. It ends the policy requiring government entities to collect information through the country’s diplomatic missions abroad on the “legality, solvency, and seriousness” of foreign NGOs before they are allowed to work in the country. Civil society representatives said the new decree was a step in the right direction but lamented that it leaves in place some Correa-era policies, including the right of the government to dissolve organizations for poorly defined reasons.

Egypt

Section 2. Respect for Civil Liberties, Including:

b. Freedom of Peaceful Assembly and Association

The government restricted freedoms of peaceful assembly and association.

FREEDOM OF PEACEFUL ASSEMBLY

The constitution provides for freedom of assembly “according to notification regulated by law.” Authorities implemented an amended 2013 demonstrations law that includes an expansive list of prohibited activities, giving a judge the authority to prohibit or curtail planned demonstrations after submitting an official memorandum. Domestic and international human rights organizations asserted the law did not meet international standards regarding freedom of assembly. In 2017 the government imposed an exclusion zone of 2,600 feet (790 meters) around vital governmental institutions in which protests are prohibited.

There were protests throughout the year, mostly small, and some occurred without government interference. In most cases the government rigorously enforced the law restricting demonstrations, in some cases using force, including in cases of small groups of protesters demonstrating peacefully.

The number of persons arrested under the protest law was not publicly available, although research center Daftar Ahwal reported at least 37,000 cases of individuals stopped, arrested, or charged under the protest law between November 2013 and September 2016. Authorities charged 15,491 individuals under the protest law, resulting in 6,382 convictions and 5,083 acquittals.

On May 12, police arrested 22 persons protesting increased metro fares but released 12 of them the same day. The remaining 10 faced charges of disrupting public transport. Authorities released them on May 16. On May 14, State Security ordered 20 more persons detained for playing a role in the protests. They faced charges of disturbing the peace and obstructing public facilities. Among those arrested was lawyer and labor activist Haytham Mohamedeen, who was released on October 30, although charges remain pending.

Thousands of persons whom authorities arrested during 2013 and 2014 due to their participation in demonstrations (some of which were peaceful) remained imprisoned; however, authorities released others who had completed their sentences. Authorities held such individuals under charges of attending an unauthorized protest, incitement to violence, or “blocking roads.” This included prominent activist Alaa Abdel Fattah, who was convicted in 2015 of breaking the demonstrations law related to his participation in a protest in front of the Shura Council in 2013. In 2017 the Court of Cassation reduced the prison sentence of prominent activist Abdel Fattah from five years’ “rigorous” imprisonment to five years’ imprisonment followed by five years of probation. No further appeals are possible. In 2015 the Cairo Criminal Court sentenced Abdel Fattah to five years in prison on charges of breaking the demonstrations law related to his participation in a protest in front of the Shura Council in 2013.

Human rights groups claimed authorities inflated or used these charges solely to target individuals suspected of being members of groups in opposition to the government or those who sought to exercise the rights to free assembly or association.

Since their release from prison in January 2017 after completing three-year sentences for violating the protest law, activists Ahmed Maher and Mohamed Adel remained on probation with terms requiring them to reside in the local police station from 6 p.m. to 6 a.m. each day. On June 19, when Adel reported for his nightly stay, he was detained after a local storeowner filed a legal complaint accusing Adel of inciting antistate sentiments in 14 posts on Facebook. In July he was sentenced to a 15-day detention order.

According to press reports, student groups focused on entertainment while political activities virtually disappeared in light of pressure from authorities and the threat of arrest. Authorities allowed students to protest the move of the U.S. Embassy from Tel Aviv to Jerusalem, but authorities tightly controlled and managed such protests. Universities held student union elections in December 2017 for the first time in two years.

FREEDOM OF ASSOCIATION

The constitution provides for freedom of association. The law governing associations, however, significantly restricts this right.

In 2017 the government enacted a new NGO law, which remained unimplemented by year’s end. Local and international NGOs stated the law if implemented could make it impossible for them to operate independently. In November, President Sisi stated he recognized the law’s shortcomings and directed the Ministry of Social Solidarity to chair a committee to draft amendments in consultation with civil society and submit the amendments to parliament. The 2017 law includes the creation of a new administrative body that includes members of security services and can regulate all NGOs that receive foreign funding and reject registration applications by not responding for 60 days; rules targeting all aspects of NGO work; and prison sentences among the penalties for violations. Throughout the year the Ministry of Social Solidarity continued to apply the previous NGO law on international and domestic organizations receiving international funding, denying government approval of programs that domestic and international organizations sought to implement, or granting governmental approval after lengthy delays (which in some cases amounted to effective denials). Rights groups reported several incidents of security services ordering cancellation of planned training programs or other events. On June 2, the Supreme Constitutional Court ruled an article of the previous NGO law, which gives the Minister of Social Solidarity the right to dissolve NGOs, was unconstitutional.

The penal code criminalizes the request for or acceptance of foreign funds, materiel, weapons, ammunition, or “other things” from states or NGOs “with the intent to harm the national interest.” Those convicted may be sentenced to life in prison (or the death penalty in the case of public officials) for crimes committed during times of war or with “terrorist purpose.”

In a series of raids on November 1, security forces arrested Hoda Abdel Moneim, a former member of the NCHR and at least 30 others, including staff members of the human rights NGO ECRF and unaffiliated lawyers and activists. ECRF subsequently announced it was suspending its operations citing the arrest of Abdel Moneim as well the March arrest of ECRF leader Ezzat Ghoneim (see section 2.b.).

Ibrahim Metwally Hegazy, founder of the Association of the Families of the Disappeared, remained in detention. Authorities arrested him in September 2017, at the Cairo International Airport and initially held him incommunicado. Hegazy was traveling to Geneva to participate in the UN Working Group on Enforced and Involuntary Disappearances. The charges against him included “communicating with a foreign body to harm the Egyptian national interest.” In September 2017 Hegazy told his lawyers authorities tortured him during the first three days they held him.

On April 5, the Court of Cassation overturned the conviction of 16 mostly foreign NGO workers sentenced in 2013 for operating unlicensed organizations and receiving foreign funding without government permission. They were to be retried along with 27 other NGO workers convicted in their absence in the same case. On December 20, a court acquitted 41 defendants; the status of the remaining two was unclear as of the end of the year.

The MB, the MB-affiliated Freedom and Justice Party, and its NGO remained illegal, and the MB was a legally designated terrorist organization.

Authorities continued investigations of local NGOs that received foreign funding under a case originally brought in 2011. On June 20, authorities released Nazra for Feminist Studies founder Mozn Hassan on bail; her charges included receiving foreign funding to harm national security in connection with her NGO. On May 27, authorities questioned Magda Adly and Suzanne Fayyad, founders of the el-Nadeem Center for the Rehabilitation of Victims of Violence, on charges of establishing an entity in violation of the civil society law and publishing information that was harmful to the state.

On May 21, authorities released Hossam Eddin Ali, executive director of the Egyptian Democratic Institute, on bail. He faced charges of harming national security and receiving foreign funds.

In February 2017 authorities closed the offices of el-Nadeem Center for the Rehabilitation of Victims of Violence (also registered under the name el-Nadeem for Psychological Rehabilitation), which documents torture and other forms of abuse and provides counseling for torture and rape victims. In early 2016 the center received administrative closure orders from three governmental bodies, and in late 2016 authorities froze its assets. The organization asserted the closure was politically motivated, targeting el-Nadeem because of its work on torture, deaths in detention, and impunity for these crimes. A court case brought by Nadeem challenging the closure order continued; the most recent hearing was December 5, wherein the court postponed a decision until December 26. The organization continued to operate in a limited capacity.

El Salvador

Section 2. Respect for Civil Liberties, Including:

b. Freedom of Peaceful Assembly and Association

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

Equatorial Guinea

Section 2. Respect for Civil Liberties, Including:

b. Freedom of Peaceful Assembly and Association

The government restricted freedoms of peaceful assembly and association, although the constitution and law provide for these freedoms.

FREEDOM OF PEACEFUL ASSEMBLY

The constitution and law provide for the right of peaceful assembly, but regulatory provisions effectively undermined this right, and the government routinely restricted freedom of assembly. The government formally abolished permit requirements for political party meetings within party buildings but requires prior permission for public events, such as meetings in other venues or marches, and frequently denied these permit requests. The government frequently dispersed peaceful, preapproved public gatherings if a participant asked a question that could be construed as criticism of the government or the PDGE.

In contrast, authorities pressured citizens to attend progovernment demonstrations and rallies. For example, various citizen groups, government employees, and others were required to participate in the annual Independence Day parade.

FREEDOM OF ASSOCIATION

The constitution and law provide for freedom of association, but the government severely restricted this right. All political parties, labor unions, and other associations must register with the government, but the registration process was costly, burdensome, opaque, and slow. During the year the government continued to reduce funding for civil society organizations and distributed remaining funds among a few mostly progovernment organizations close to the president’s inner circle. Grant funding decisions were arbitrary and nontransparent.

Politically motivated crackdowns on civil society organizations remained a problem, including the temporary detention of civil society activists without charge.

The law prohibits the formation of political parties along ethnic lines. Only one labor organization was believed to be registered by the end of the year, but the registry was inaccessible due to a change in leadership at the Ministry of Labor and Social Security (see section 7.a.).

Despite laws that authorities stated were designed to facilitate the registration of political parties, the government prevented the registration of opposition parties. Although elected officials from the CI opposition party were released from prison on October 22 after a presidential pardon, they were not immediately allowed to return to their positions in local and national offices because the party had been deregistered early in the year.

During the 2017 legislative and municipal electoral campaign season, public gatherings were closely monitored and tightly controlled. Political parties required government authorization to hold rallies. Authorities prohibited political parties from campaigning in the same location at the same time as the official PDGE party. The PDGE received preferential treatment. On election day security forces prevented voters from forming large groups (see section 3).

A 1999 law on NGOs limits to approximately 53,000 CFA francs ($90) per year the amount of funding civil society organizations can receive from foreign sources. The government has also pressured civil society organizations, especially those focused on human rights, through both overt and covert means (see sections 1.d. and 5 for additional information).

Eritrea

Section 2. Respect for Civil Liberties, Including:

b. Freedom of Peaceful Assembly and Association

The government restricted freedoms of peaceful assembly and association.

FREEDOM OF PEACEFUL ASSEMBLY

The law and unimplemented constitution provide for freedom of assembly, but the government restricted this right. For some public gatherings, the government intermittently required those assembling to obtain permits. Authorities subjected gatherings of large groups of persons without prior approval to investigation and interference, with the exception of events that occurred in the context of meetings of government-affiliated organizations, were social in nature, or were events such as weddings, funerals, and religious observances of the four officially registered religious groups. During the October 2017 and March protests, the government did not provide any official data in connection with the arrests and detentions, or the number of persons injured or requiring treatment because of the excessive use of force by the security apparatus.

FREEDOM OF ASSOCIATION

The unimplemented constitution provides citizens the right to form organizations for political, social, economic, and cultural ends. It specifies that their conduct must be open and transparent and that they must be guided by principles of national unity and democracy. The government did not respect freedom of association. It did not allow any political parties other than the PFDJ. It also prohibited the formation of civil society organizations except those with official sponsorship. The government generally did not allow local organizations to receive funding and other resources from or to associate with foreign and international organizations.

Estonia

Section 2. Respect for Civil Liberties, Including:

b. Freedom of Peaceful Assembly and Association

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

The annual remembrance ceremony commemorating the Battle of Sinimae mentioned in previous years’ reports again occurred.

FREEDOM OF ASSOCIATION

While the constitution provides for freedom of association, the law specifies that only citizens may join political parties. There were no restrictions on the ability of noncitizens to join other civil groups.

Eswatini

Section 2. Respect for Civil Liberties, Including:

b. Freedom of Peaceful Assembly and Association

FREEDOM OF PEACEFUL ASSEMBLY

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

In June, August, and September, REPS officials used nonlethal measures to control and disperse crowds when protesters deviated from agreed routes or provoked the police by throwing stones or trying to enter government facilities without authorization. Some protesters experienced non-life-threatening injuries during these incidents.

Ethiopia

Section 2. Respect for Civil Liberties, Including:

b. Freedom of Peaceful Assembly and Association

The government limited freedoms of peaceful assembly and association.

FREEDOM OF PEACEFUL ASSEMBLY

The constitution and law provide for freedom of assembly; SOE regulations, however, prohibited demonstrations and town hall meetings that did not have approval from the Command Posts, in some cases federal and in other cases more local bodies. After the lifting of the SOE, security forces’ response to protests showed signs of increasing restraint. In July and August Federal Police and Addis Ababa police provided security to at least three large peaceful demonstrations staged without prior notification to the authorities in Addis Ababa.

Prior to the SOE, organizers of public meetings of more than two persons or demonstrations had to notify the government 48 hours in advance and obtain a permit. Authorities could not refuse to grant a permit but could require changing the location or time for reasons of public safety or freedom of movement. If authorities require an event be moved to another place or time, by law authorities must notify organizers in writing within 12 hours of their request.

The EPRDF used its own conference centers in Addis Ababa, the regional capitals, and government facilities for meetings and events. Following the imposition of the SOE, the prohibition on unauthorized demonstrations or town hall meetings severely limited the organization of meetings, training sessions, and other gatherings, especially for civil society and opposition political parties, who repeatedly reported being intimidated by authorities concerning organizing under SOE regulations.

FREEDOM OF ASSOCIATION

Although the law provides for freedom of association and the right to engage in unrestricted peaceful political activity, the government severely limited this right (see sections 3 and 5).

The SOE and the accompanying regulations restricted the ability of labor organizations to operate (see section 5). Regulations prohibited exchanging information or having contact with a foreign government or NGOs in a manner that undermines national sovereignty and security, and this reduced communication between local and international organizations.

The Charities and Societies Proclamation (CSP), also called the Civil Society Organizations (CSO) law, bans anonymous donations to NGOs and political parties. All potential donors were therefore aware their names would be on the public record. A 2013 report by the UN special rapporteur on the rights to freedom of peaceful assembly and association stated, “The enforcement of these provisions has a devastating impact on individuals’ ability to form and operate associations effectively.” For example, international NGOs seeking to operate in the country had to submit an application via the country’s embassies abroad, which the Ministry of Foreign Affairs then submitted to the government’s Charities and Societies Agency for approval. Prime Minister Abiy prioritized the reform of the CSP, along with the ATP and media law, as a mechanism to foster change in a process managed by the attorney general.

Federated States of Micronesia

Section 2. Respect for Civil Liberties, Including:

b. Freedom of Peaceful Assembly and Association

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

Fiji

Section 2. Respect for Civil Liberties, Including:

b. Freedom of Peaceful Assembly and Association

The constitution provides for the freedoms of peaceful assembly and association; however, the government may restrict these freedoms in some cases.

FREEDOM OF PEACEFUL ASSEMBLY

The constitution provides for freedom of peaceful assembly but allows the government to limit this right in the interests of national security, public safety, public order, public morality, public health, and the orderly conduct of elections. The constitution also allows the government to limit freedom of assembly to protect the rights of others and imposes restrictions on a public official’s right to freedom of assembly.

The POA allows the government to refuse permit applications for any meeting or demonstration deemed to prejudice peace, public safety, and good order or to sabotage or attempt to undermine the economy. It also allows authorities to use whatever force necessary to prohibit or disperse public and private meetings after “due warning” to preserve public order.

Although event organizers said authorities were sometimes very slow to issue permits, they granted permits for public rallies in support of UN Human Rights Day and the 16 Days of Activism against Domestic Violence Campaign but denied a permit for a public service union to protest.

FREEDOM OF ASSOCIATION

The constitution provides for freedom of association but limits this right in the interests of national security, public order, and morality and also for the orderly conduct of elections. It allows the government to regulate trade unions and collective bargaining processes, strikes and lockouts, and essential industries in the interests of the economy and population (see section 7.a.). The government generally did not restrict membership in NGOs, professional associations, and other private organizations.

Finland

Section 2. Respect for Civil Liberties, Including:

b. Freedom of Peaceful Assembly and Association

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

France

Section 2. Respect for Civil Liberties, Including:

b. Freedom of Peaceful Assembly and Association

The constitution and law provide for the freedoms of peaceful assembly and association, subject to certain security conditions, and the government generally respected these rights.

FREEDOM OF PEACEFUL ASSEMBLY

In February Amnesty International released a report claiming “prefects (representatives of the French state at local level; the most senior central government officials) continued to resort to emergency measures to restrict the right to freedom of peaceful assembly. In particular they adopted dozens of measures restricting the freedom of movement of individuals to prevent them from attending public assemblies. Authorities imposed these measures on vague grounds and against individuals with no apparent connection to any terrorism-related offense.”

FREEDOM OF ASSOCIATION

The constitution and law provide for the freedom of association, and the government generally respected this right.

Gabon

Section 2. Respect for Civil Liberties, Including:

b. Freedom of Peaceful Assembly and Association

The government limited freedom of peaceful assembly.

FREEDOM OF PEACEFUL ASSEMBLY

The constitution and law provide for freedom of assembly; however, the government did not consistently respect this right. In August 2017 parliament enacted a law that placed restrictions on freedom of assembly. On August 28, authorities prohibited union leaders from holding a march to protest austerity measures. Authorities detained several individuals who attempted to march but released them after a few hours without charge. There were reports the government failed to approve permits for public meetings. Some civil society activists stated they did not submit requests to hold public meetings because they expected the government would deny them.

Georgia

Section 2. Respect for Civil Liberties, Including:

b. Freedom of Peaceful Assembly and Association

The constitution and law provide for the freedoms of peaceful assembly and association; government respect for those rights was uneven.

FREEDOM OF PEACEFUL ASSEMBLY

The constitution and law generally provide for freedom of assembly. Human rights organizations expressed concern, however, about provisions in the law, including the requirement that political parties and other organizations give five days’ notice to local authorities to assemble in a public area, thereby precluding spontaneous demonstrations. NGOs reported that police sometimes restricted freedom of assembly. For example, on December 17, 14 NGOs accused the authorities of restricting opposition access to the site of a planned Inauguration Day demonstration on December 16. The government responded that it had provided an area for demonstrations, but that protestors had refused to use it. As of mid-December, two supporters of Georgian Dream and one opposition activist were in detention after inauguration day incidents. Two Georgian Dream activists were arrested after allegedly assaulting an opposition activist in Velistsikhe, and opposition leader Davit Kirkitadze was arrested after he reportedly assaulted a police officer who was blocking the highway with a bus. Kirkitadze and his supporters claimed his arrest was politically motivated. NGOs also stated police abused the administrative offences code to detain participants of peaceful assemblies based on articles 166 (petty hooliganism), 173 (non-compliance with a lawful order of a law enforcement officer), and 150 (defacing the appearance of a self-governing unit).

There were several protests in May, including those against raids on popular nightclubs and in support of the International Day Against Homophobia, Transphobia, and Biphobia (IDAHOT). In May LGBTI organizations were unable to hold a sanctioned IDAHOT rally due to safety concerns following large rallies attended in part by far right groups that threatened violence against LGBTI supporters. Several LGBTI activists still met in front of the State Chancellery under heavy police presence. The PDO reported violence against LGBTI individuals, whether in the family or in public spaces, was a serious problem, and that the government has been unable to respond to this challenge.

FREEDOM OF ASSOCIATION

There were reports that some government representatives and supporters of the ruling party pressured political opposition figures and supporters and state employees (see Section 3).

Germany

Section 2. Respect for Civil Liberties, Including:

b. Freedom of Peaceful Assembly and Association

While the constitution provides for the freedoms of peaceful assembly and association, the government restricted these freedoms in some instances.

FREEDOM OF PEACEFUL ASSEMBLY

While the constitution provides for the freedom of peaceful assembly, the government restricted this freedom in some instances. Groups seeking to hold open-air public rallies and marches must obtain permits, and state and local officials may deny permits when public safety concerns arise or when the applicant is from a prohibited organization, mainly right-wing extremist groups. In rare instances during the year, authorities denied such applications to assemble publicly. Authorities allowed several nonprohibited, right-wing extremist, or neo-Nazi groups to hold public rallies or marches when they did so in accordance with the law.

It is illegal to block officially registered demonstrations. Many anti-Nazi activists refused to accept such restrictions and attempted to block neo-Nazi demonstrations or to hold counterdemonstrations, resulting in clashes between police and anti-Nazi demonstrators. In October the immunity of the Green party Bundestag member Canan Bayran was lifted, and the Berlin police opened an investigation to determine whether she had blocked a demonstration. In February she reportedly blocked an antiabortion rally. The investigation continued at year’s end.

Police detained known or suspected activists when they believed such individuals intended to participate in illegal or unauthorized demonstrations. The length of detention varied from state to state.

Foreign politicians may not hold rallies in Germany if they are election candidates in their country within three months of the proposed rally. In the months preceding the Turkish presidential election in June, local authorities canceled a number of rallies that featured Turkish cabinet ministers or politicians.

FREEDOM OF ASSOCIATION

While the constitution provides for the freedom of association, the government restricted this freedom in some instances. The law permits authorities to prohibit organizations whose activities the Constitutional Court or federal or state governments determine to be opposed to the constitutional democratic order or otherwise illegal. While only the Federal Constitutional Court may prohibit political parties on these grounds, both federal and state governments may prohibit or restrict other organizations, including groups that authorities classify as extremist or criminal in nature. Organizations have the right to appeal such prohibitions or restrictions.

The federal and state OPCs monitored several hundred organizations. Monitoring consisted of collecting information from public sources, written materials, and firsthand accounts but also included intrusive methods, such as the use of undercover agents who were subject to legal oversight. The FOPC and state OPCs published lists of monitored organizations, including left- and right-wing political parties. Although the law stipulates that surveillance must not interfere with an organization’s activities, representatives of some monitored groups, such as Scientologists, complained that the publication of the organizations’ names contributed to prejudice against them.

The FOPC monitored approximately 16,500 so called Reichsbuerger (“citizens of the empire”) and Selbstverwalter (self-administrators), a significant increase from the 10,000 monitored in 2016. These individuals denied the existence of the Federal Republic of Germany and rejected its legal system. The FOPC considered the groups to represent a potential threat due to their affinity for weapons and their contempt for national authorities. In 2017 members of Reichsbuerger and Selbstverwalter groups committed 911 politically motivated crimes; of these, authorities categorized 783 crimes as extremist and 130 as violent.

Ghana

Section 2. Respect for Civil Liberties, Including:

b. Freedom of Peaceful Assembly and Association

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

Greece

Section 2. Respect for Civil Liberties, Including:

b. Freedom of Peaceful Assembly and Association

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

FREEDOM OF ASSOCIATION

Although the constitution and law provide for freedom of association, the government continued to place legal restrictions on the names of associations of nationals who self-identified as ethnic Macedonian or associations that included the term “Turkish” as indicative of a collective ethnic identity (see section 6). Such associations, despite the lack of legal recognition, continued to operate.

On July 12, the Thrace appeals court rejected a request from the unofficial “Turkish Union of Xanthi” to reinstate its legal status. The association submitted this petition following a European Court of Human Rights ruling that the Greek court’s decision violated the right of association as protected by the European Convention of Human Rights and Fundamental Freedoms and a 2017 law allowing the reexamination of such previously rejected requests.

Grenada

Section 2. Respect for Civil Liberties, Including:

b. Freedom of Peaceful Assembly and Association

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

Guatemala

Section 2. Respect for Civil Liberties, Including:

b. Freedom of Peaceful Assembly and Association

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

FREEDOM OF PEACEFUL ASSEMBLY

The law provides for freedom of association, and the government generally respected this right.

On September 12, the congressional spokesperson reported that more than 2,100 police were present at Congress during a commemoration of the country’s independence, led by President Morales. A protest scheduled to converge at Congress on the same day was not able to approach the perimeters of Congress. The heavy police presence ostensibly serving as presidential security and crowd control received widespread criticism and media as a form of intimidation against the protesters. Civil society groups expressed concern over the presence of Kaibiles, military special forces who were implicated in war crimes during the country’s internal armed conflict from 1960-96.

On September 14, when President Morales and his cabinet attended a ceremony at the cathedral on the central plaza, NGOs and journalists accused the government of using excessive security measures to intimidate citizens and restrict their right to assemble. Observers stated security measures included the deployment of antiriot military police; the registration of all pedestrians entering the plaza, including children; and excessive security checks. On September 14, a Public Ministry prosecutor stated publicly he would investigate for possible violations of freedom of movement.

FREEDOM OF ASSOCIATION

The law provides for freedom of association, and the government generally respected this right. There were reports, however, of significant barriers to organizing in the labor sector (see section 7.a.).

Guinea

Section 2. Respect for Civil Liberties, Including:

b. Freedom of Peaceful Assembly and Association

The constitution provides for the freedoms of peaceful assembly and association, but the government did not always respect these rights.

FREEDOM OF PEACEFUL ASSEMBLY

The constitution provides for freedom of peaceful assembly, but the government restricted this right. The law bans any meeting that has an ethnic or racial character or any gathering “whose nature threatens national unity.” The government requires a 72-working-hour advance notification for public gatherings. The law permits local authorities to prohibit a demonstration or meeting if they believe it poses a threat to public order. Authorities may also hold event organizers criminally liable if violence or destruction of property occurs.

The government did not respect the right of freedom peaceful assembly. In August the government announced a blanket ban on political protests.

In February security forces arrested 15 peacefully demonstrating civil society activists who were demanding dialogue between the government and the union of teachers. The demonstrators were subsequently released. Police use of excessive force to disperse demonstrators–often protesting poor public services–resulted in deaths and injuries (see section 1.a.).

Part of the 2013 and 2015 political accords promised an investigation into the political violence that resulted in the deaths of more than 50 persons in 2012 and 2013, punishment of perpetrators, and indemnification of victims. The government had taken no action on these promises by year’s end.

FREEDOM OF ASSOCIATION

The constitution provides for freedom of association, and authorities generally respected this provision. Requirements to obtain official recognition for public, social, cultural, religious, or political associations were not cumbersome, although bureaucratic delays sometimes impeded registration.

Guinea-Bissau

Section 2. Respect for Civil Liberties, Including:

b. Freedom of Peaceful Assembly and Association

The constitution and law provide for the freedoms of peaceful assembly and association, and the government failed to respect these rights.

In January the African Party for the Independence of Guinea and Cabo Verde’s (PAIGC) congress was suspended by a judicial order, allegedly for not respecting the internal procedures of the party. Police prohibited PAIGC members from entering their headquarters, injuring 11 persons. The congress eventually took place a few days later, but observers believed that political interference in the justice sector was behind the suspension.

During the year several protests by a civil society group, the Movement of Nonconforming Citizens (MCCI), were prohibited by authorities, who claimed the movement did not have a legal structure or because the protest would occur near public places. In May the MCCI filed a complaint against the government for violation of freedom of peaceful protest to the Economic Community of West African States Community Court of Justice. The case continued at year’s end.

Guyana

Section 2. Respect for Civil Liberties, Including:

b. Freedom of Peaceful Assembly and Association

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

Haiti

Section 2. Respect for Civil Liberties, Including:

b. Freedom of Peaceful Assembly and Association

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

FREEDOM OF PEACEFUL ASSEMBLY

The constitution provides for freedom of assembly, and the government generally respected this right. There were several instances when police used force to impose order during demonstrations. Citizens must apply for a permit to hold legal demonstrations. Although impromptu political demonstrations in some instances provoked aggressive law enforcement responses, police generally responded to these protests in a professional and effective manner.

Following the July 6-7 protests against the government’s decision to increase fuel prices, Port-au-Prince prosecutor Dameus ordered the arrest of 64 individuals accused of looting. These individuals included three who were living on property owned by opposition senator Antonio Cheramy. Some members of the opposition called the arrests politically motivated and illegal because a prosecutor can arrest only individuals caught in the process committing a crime. Dameus denied the allegations of “political persecution” and stated the persons arrested were caught carrying numerous items that had been looted from various stores. The detainees were subsequently released.

Honduras

Section 2. Respect for Civil Liberties, Including:

b. Freedom of Peaceful Assembly and Association

FREEDOM OF PEACEFUL ASSEMBLY

The law provides for freedom of peaceful assembly, and the government generally respected this right. The law requires a judge to issue an eviction order for individuals occupying public and private property if security forces had not evicted the individuals within a specified period of the occupation. Some local and international civil society organizations, including students, agricultural workers groups, political parties, and indigenous rights groups, alleged that members of the security forces used excessive force to break up demonstrations. The IACHR reported that the government at times used a policy of arbitrary detentions or arrests to inhibit protest.

Law enforcement evictions of protesters, land rights activists, and others were generally conducted peacefully, although injuries to both protesters and law enforcement officers were occasionally reported. The NGO Peace Brigades International reported several instances of threats and intimidation by security forces, including a heavy military presence in disputed areas. Conversely, media sources reported in October that two soldiers were ambushed and killed near Tocoa, Colon, as they sought peacefully to remove protesters from blocking a road. No suspects were arrested, and it is unclear if the shooters were related to the protesters or linked with illicit groups.

FREEDOM OF ASSOCIATION

The law provides for freedom of association, and the government generally respected this right. The law prohibits illicit association, defined as gatherings by persons bearing arms, explosive devices, or dangerous objects with the purpose of committing a crime, and prescribes prison terms of two to four years and a fine of 30,000 to 60,000 lempiras ($1,250 to $2,500) for anyone who convokes or directs an illicit meeting or demonstration. There were no reports of such cases during the year, although authorities charged some protesters with sedition. Public-sector unions expressed concern over some officials refusing to honor bargaining agreements and firing union leaders. The law prohibits police from unionizing (see section 7.a.).

Hungary

Section 2. Respect for Civil Liberties, Including:

b. Freedom of Peaceful Assembly and Association

The constitution and law provide for the freedom of peaceful assembly, and the government generally respected this right. By law demonstrations do not require a police permit, but event organizers must inform police of a planned assembly in a public place at least three days in advance. The law authorizes police to prohibit any gathering if it seriously endangers the peaceful operation of representative bodies or courts or if it is not possible to provide for alternate routes for traffic. Police may not disband a spontaneous, unauthorized assembly that remains peaceful and is aimed at expressing opinion on an event that was unforeseeable, but organizers must inform police immediately after organizing has begun. Police are required to disband an assembly if it commits a crime or incites the commission of a crime, results in the violation of the rights of others, involves armed participants, or is held despite a preliminary official ban. A police decision to prohibit or disband a public demonstration is open for judicial review. The police may disband public events in the geographic area affected by a terrorist act that has occurred or one that is threatened.

On June 20, parliament adopted a constitutional amendment that includes a provision to strengthen the protection of privacy by stipulating that freedom of expression and the exercise of the right of assembly shall not harm others’ private and family life and their homes. Critics asserted this would be used to ban unwanted protests in public spaces near politicians’ homes and could be used to ban protests in many other public spaces that have apartments nearby.

On July 20, parliament also amended the law on assembly to give more power to the government to regulate public demonstrations, including the ability to hold organizers liable for damages caused by their events and to ban protests in advance. According to the amended law, authorities may ban or dissolve gatherings that unnecessarily and disproportionately harm others’ human dignity, the dignity of the Hungarian nation, or other national, ethnic, or religious communities. The new rules also permit police to prevent demonstrations that hinder diplomats from performing their duties, threaten public order, or disturb others’ rights to free movement. Although the police’s decision is not subject to appeal, the organizers may contest it in court within three days. The police can fine demonstration organizers if they fail to restore a demonstration site to its original state or clean it up. The new legislation also criminalizes the nonviolent disturbance or impediment of a demonstration.

On July 20, parliament amended the criminal code to make harassment of “official persons” (including members of parliament, judges, and prosecutors) when they are not performing public duties a crime punishable by up to three years’ imprisonment.

FREEDOM OF ASSOCIATION

The constitution and law provide for freedom of association, and the government generally respected it, with some exceptions.

During the year the government passed legislation that introduced new criminal and financial penalties for migration-related work of NGOs and their staff (see section 5).

On July 23, the Budapest local municipality ordered the Aurora Civil and Cultural Center–which provides office space for several NGOs–to close, claiming Aurora’s lease was invalid because it predates the center’s registration; Aurora claimed that it had not violated any rules and that the issue with the date was an administrative mistake. This was the second attempt to shut down the center within one year.

The Fidesz-dominated city assembly of Pecs passed a resolution in December 2017 calling on local residents, businesses, and organizations not to rent or provide any space within the city to the NGO With the Strength of Humanity because it received an approximately $490,000 grant from the Open Society Foundations (OSF) to support community building in the region. The NGO sued the city mayor for libel but lost the case in a July ruling. The NGO said it would appeal the decision. In March a local municipality-owned company rejected an attempt by the same NGO to rent premises for an event. The Equal Treatment Authority fined the company in June.

A 2011 law on religion deregistered more than 300 religious groups and organizations that had previously held incorporated church status; most were required to reapply for registration. The government had not approved any applications for incorporated church status since it amended the same law in 2012, but many applications were approved allowing for status as a lesser religious organization. On December 20, parliament passed an amendment to the law that creates four different statuses for religious organizations. Observers noted that while the amendment provides a simpler procedure for religious entities to gain an intermediate level religious status, it only restores some of the rights they had before 2011.

Iceland

Section 2. Respect for Civil Liberties, Including:

b. Freedom of Peaceful Assembly and Association

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

India

Section 2. Respect for Civil Liberties, Including:

b. Freedom of Peaceful Assembly and Association

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

FREEDOM OF PEACEFUL ASSEMBLY

The law provides for freedom of assembly. Authorities often required permits and notification before parades or demonstrations, and local governments generally respected the right to protest peacefully. The state of Jammu and Kashmir was an exception, where the state government sometimes denied permits to separatist political parties for public gatherings, and security forces reportedly occasionally detained and assaulted members of political groups engaged in peaceful protest (see section 1.g.). During periods of civil unrest in the state of Jammu and Kashmir, authorities used the law to ban public assemblies and impose curfews.

Security forces, including local police, often disrupted demonstrations and reportedly used excessive force when attempting to disperse protesters. On May 22, Tamil Nadu police opened fire on protesters who were demanding the closure of the Sterlite copper smelting plant at Thoothukudi, Tamil Nadu, killing 15 individuals. The Tamil Nadu government claimed the police only fired on individuals who used logs and petrol bombs to set fire to vehicles during the protests.

There were sometimes restrictions on the organization of international conferences. Authorities required NGOs to secure approval from the central government before organizing international conferences. Authorities routinely granted permission, although in some cases the approval process was lengthy. Some human rights groups claimed this practice provided the government tacit control over the work of NGOs and constituted a restriction on freedoms of assembly and association.

FREEDOM OF ASSOCIATION

The law provides for freedom of association. While the government generally respected this right, the government’s increased monitoring and regulation of NGOs that received foreign funding caused concern. In certain cases the government required “prior approval” for some NGOs to receive foreign funds, suspended foreign banking licenses, or froze accounts of NGOs that allegedly received foreign funding without the proper clearances or that mixed foreign and domestic funding, and in other instances canceled or declined to renew Foreign Contributions (Regulation) Act (FCRA) registrations. On April 3, Minister of State for Home Affairs Kiran Rijiju informed the lower house of parliament that the government had canceled the registration of more than 14,000 NGOs in the last four years, although some of the cancellations reportedly pertained to defunct organizations. Some human rights organizations claimed these actions were sometimes used to target specific NGOs.

Some NGOs reported an increase in random FCRA compliance inspections by Ministry of Home Affairs officials who they said were purportedly under pressure to demonstrate strict enforcement of the law. FCRA licenses were also reportedly canceled periodically based on nonpublic investigations by the Intelligence Bureau. On June 1, the Ministry of Home Affairs launched an online tool to facilitate real-time monitoring of foreign funds deposited into NGO bank accounts. On June 5, it announced NGOs found in violation of FCRA provisions would be assessed a civil fine instead of having their licenses canceled or suspended. The rules, however, were not applicable retroactively. Some NGOs reported the new rules would severely affect smaller organizations that would be unable to pay the steep penalties–amounting to 10 percent of their total funds–and that did not have the compliance expertise, leaving only large entities able to maintain their FCRA licenses.

Some NGOs alleged they were targeted as a reprisal for their work on “politically sensitive” issues like human rights or environmental activism. The Center for Promotion of Social Concerns (CPSC) and its partner program unit People’s Watch continued court proceedings against the nonrenewal of their FCRA license. A September 12 report by the UN secretary general cited the use of FCRA regulations to “restrict the work of NGOs cooperating with the United Nations, for example by a refusal to renew or grant licenses, including for the CPSC.”

On October 25, the Enforcement Directorate (ED), a government agency that investigates financial crimes, raided the premises of Amnesty International India’s Bengaluru office and froze its bank accounts on suspicion that it had violated foreign funding guidelines. Aakar Patel, Amnesty International India’s executive director stated, “The Enforcement Directorate’s raid on our office today shows how the authorities are now treating human rights organizations like criminal enterprises, using heavy-handed methods that are commonly found in repressive states. Our staff have been harassed and intimidated.” The searches came days after the ED searched the premises of environmental nonprofit Greenpeace India in Bengaluru on October 12, also for allegedly violating foreign funding rules. Greenpeace India refuted the allegations stating, “This seems to be part of a larger design to muzzle democratic dissent in the country.”

In February the Public Health Foundation of India (PHFI), a public-health advocacy group, was placed in the “prior permission” category, requiring the organization to seek permission from the Ministry of Home Affairs each time it wanted to receive and use funds from foreign sources. The Ministry of Home Affairs indicated the center and state governments would review PHFI’s use of foreign funds quarterly and that the investigation into PHFI’s alleged FCRA violations would continue.

Indonesia

Section 2. Respect for Civil Liberties, Including:

b. Freedom of Peaceful Assembly and Association

The law provides for freedom of assembly, and the government generally respected this right. The law requires demonstrators to provide police with a written notification three days before any planned demonstration and for police to issue a receipt for the written notification. This receipt acts as a de facto license for the demonstration. Police in Papua routinely refused to issue receipts of notification to would-be demonstrators because the demonstrations would likely include calls for independence, an act that is prohibited under the same law. Papua provincial police issued a decree in 2016 prohibiting rallies by seven organizations labeled as proindependence groups, including the National Committee of West Papua, the United Liberation Movement for West Papua, and the Free Papua Movement. There were fewer large-scale Papua-related demonstrations during the year than in previous years.

On April 5, police from Papua’s provincial capital Jayapura raided a University of Cenderawasih dormitory that police alleged was a venue for a separatist declaration, rounding up at least 44 students for their involvement in the event. Police later released all of them except for three who they held on unrelated charges.

FREEDOM OF PEACEFUL ASSEMBLY

The constitution and laws provide for freedom of association, which the government generally respected.

By law to receive official registration status, foreign NGOs must have an MOU with a government ministry. Some organizations reported difficulties obtaining these MOUs and claimed the government was withholding them to block their registration status, although cumbersome bureaucracy within the Ministry of Law and Human Rights was also to blame.

Some LGBTI advocacy groups reported encountering difficulties when attempting to register their organizations.

Iran

Section 2. Respect for Civil Liberties, Including:

b. Freedom of Peaceful Assembly and Association

The government severely restricted freedoms of peaceful assembly and association.

FREEDOM OF PEACEFUL ASSEMBLY

The constitution permits assemblies and marches of unarmed persons “provided they do not violate the principles of Islam.” In order to prevent activities it considered antiregime, the government restricted this right and closely monitored gatherings such as public entertainment and lectures, student and women’s meetings and protests, meetings and worship services of minority religious groups, labor protests, online gatherings and networking, funeral processions, and Friday prayer gatherings.

According to activists, the government arbitrarily applied rules governing permits to assemble, with proregime groups rarely experiencing difficulty, while groups viewed as critical of the regime experienced harassment regardless of whether authorities issued a permit.

The government cracked down on small protests that began in the city of Mashhad in December 2017 and continued into 2018. These protests subsequently spread across the country and included broader economic and political grievances with the nation’s leadership. International media and human rights organizations widely covered the government’s crackdown on protests. According to media reports, at least 20 protesters were killed as of January, and thousands more were arrested throughout the year. Official government sources cited 4,970 arrested, 90 percent of whom were younger than 25 years old. Over the year, as protests arose across the country among various groups and by individuals expressing diverse grievances and demands, actions by security forces resulted in hundreds of additional arrests and further alleged deaths.

CHRI reported that authorities denied detainees access to attorneys and threatened them with charges that carried the death penalty if they sought counsel. There were multiple reports of detainees beaten while in custody. Several human rights organizations, including CHRI, reported that detainees were given pills of unknown substance, including methadone, to portray them as drug addicts. According to CHRI, at least two detainees died under suspicious circumstances while in detention, while the death of a third detainee was labeled a “suicide” (see section 1.a.).

In February security forces violently cracked down on a group of Gonabadi Sufi dervishes in Tehran who were protesting to demand the release of a 70-year-old fellow Sufi, Nematollah Riahi, who protesters believed was unjustly detained because of his religious affiliation. According to CHRI and reports from Sufi news sites, at least 300 hundred Gonabadi Sufis were arrested and imprisoned in the Great Tehran Penitentiary and Qarchak Prison, with numerous deaths reported at the hands of security forces. Reports indicated that the government’s crackdown continued in various cities throughout the country and that Sufis were subjected to torture and forced confessions in detention centers prior to their transfer to prisons.

According to an August HRW report, revolutionary courts sentenced at least 208 Gonabadi Sufi dervishes, from the hundreds detained, in unfair trials to prison terms ranging from four months to 26 years, flogging, internal exile, travel bans, and a ban on membership in social and political groups. Authorities did not allow the defendants to choose their legal representation and repeatedly insulted and questioned their faith during trials that lasted as little as 15 minutes. More than 40 dervishes received sentences in absentia.

In August Great Tehran Penitentiary authorities conducted a “brutal” attack, according to CHRI, on Gonabadi Sufis prisoners who were peacefully protesting the harsh treatment of female Gonabadi Sufi prisoners at Qarchak Prison. According to the report, several detainees were badly injured and suffered broken bones, while female prisoners in Qarchak Prison were reportedly subjected to torture and beatings by prison officials.

FREEDOM OF ASSOCIATION

The constitution provides for the establishment of political parties, professional and political associations, and Islamic and recognized religious minority organizations, as long as such groups do not violate the principles of freedom, sovereignty, national unity, or Islamic criteria, or question Islam as the basis of the country’s system of government. The government limited the freedom of association through threats, intimidation, the imposition of arbitrary requirements on organizations, and the arrests of group leaders and members.

The government barred teachers from commemorating International Labor Day and Teachers’ Day. Several prominent teachers and union activists either remained in prison or were awaiting new sentences, including Mahmoud Beheshti Langroudi and Esmail Abdi (see section 7.a.).

Iraq

Section 2. Respect for Civil Liberties, Including:

b. Freedom of Peaceful Assembly and Association

The government sometimes limited freedoms of peaceful assembly and association.

FREEDOM OF PEACEFUL ASSEMBLY

The constitution provides for freedom of assembly and peaceful demonstration “regulated by law.” Regulations require protest organizers to request permission seven days in advance of a demonstration and submit detailed information regarding the applicants, the reason for the protest, and participants. The regulations prohibit all “slogans, signs, printed materials, or drawings” involving “sectarianism, racism, or segregation” of citizens. The regulations also prohibit anything that would violate the constitution or law; encourage violence, hatred, or killing; or prove insulting to Islam, “honor, morals, religion, holy groups, or Iraqi entities in general.” Provincial councils traditionally maintained authority to issue permits. Authorities generally issued permits in accordance with the regulations.

The government largely respected the right of its citizens to freedom of peaceful assembly. In July and August in Baghdad, demonstrators staged peaceful protests to demand better services, jobs, and an end to government corruption.

In some cases the government used force against protesters. During protests in Basrah Governorate and other areas of southern Iraq over corruption and poor public services related to water and electricity between July and September, at least 15 persons died in clashes with government forces, according to media reports. Local human rights organizations reported that government forces in some cases prevented the injured from receiving treatment at hospitals and detained members of civil society investigating the government’s response to the protests.

On March 28, KRG forces arrested more than 80 protesters demonstrating against poor public services and government salaries in the IKR.

FREEDOM OF ASSOCIATION

The constitution provides for the right to form and join associations and political parties, with some exceptions. The government generally respected this right, except for the legal prohibitions against groups expressing support for the Baath Party or Zionist principles. The penal code stipulates that any person convicted of promoting Zionist principles, association with Zionist organizations, assisting such organizations through material or moral support, or working in any way to realize Zionist objectives, be subject to punishment by death. There were no known cases of individuals charged with violating this law during the year.

The government reported it took approximately one month to process NGO registration applications. NGOs must register and periodically reregister in Baghdad. The NGO Directorate in the Council of Ministers Secretariat reported approximately 3,500 registered NGOs as of September. International organizations such as the ICRC and the International Commission on Missing Persons continued to operate in a legal gray area, given a gap in government registration regulations.

The IKR requires separate registration in Erbil. The first half of the year witnessed continuing fallout from the September 2017 KRG independence referendum in that the KRG and central government did not mutually recognize NGO registration. As a result, many NGOs that were registered only in Baghdad could not operate in the IKR for the first half of the year, while NGOs registered only in Erbil could not operate outside the IKR and KRG-controlled disputed territories until the issue was resolved.

Ireland

Section 2. Respect for Civil Liberties, Including:

b. Freedom of Peaceful Assembly and Association

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

Israel, Golan Heights, West Bank, and Gaza

Section 2. Respect for Civil Liberties, Including:

b. Freedom of Peaceful Assembly and Association

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

FREEDOM OF PEACEFUL ASSEMBLY

The law provides for this right, and the government generally respected it.

There were reports that police used excessive force in response to protests by certain groups, including ultra-Orthodox men and boys, Arab citizens and residents, and persons with disabilities. For example, on April 4 in Jerusalem, two police officers reportedly hit on the head an ultra-Orthodox man with a mental disability after he briefly stopped in the road and waved his hands while walking with a group of ultra-Orthodox protesters toward a demonstration, according to PCATI. Multiple NGOs reported that on some occasions, police used excessive force to break up permitted demonstrations after protesters waved a Palestinian flag.

FREEDOM OF ASSOCIATION

The law provides for this right, and the government generally respected it.

The law prohibits registration of an association or a party if its goals include denial of the existence of the State of Israel or the democratic character of the state. A political party will not be registered if its goals include incitement to racism or support of an armed struggle, enemy state, or terror organization against Israel.

The 2016 NGO law, which came into effect after NGOs filed their 2017 annual statements in the first half of the year, requires NGOs receiving more than one-half of their funding from foreign governments to state this fact in all of their official publications, applications to attend Knesset meetings, websites, public campaigns, and any communication with the public. The law allows a fine of 29,200 shekels ($8,000) for NGOs that violated these rules. As of December 15, the government had not taken legal action against any NGO for failing to comply with the law.

In March 2017 the Knesset passed a law mandating additional scrutiny on requests for National Service volunteers from NGOs that received more than one-half of their funding from foreign governments.

Israeli and Palestinian NGOs, particularly those focused on human rights problems and critical of the government, asserted the government sought to intimidate them and prevent them from receiving foreign government funding (see section 5).

Israel, Golan Heights, West Bank, and Gaza – West Bank and Gaza

Section 2. Respect for Civil Liberties, Including:

b. Freedom of Peaceful Assembly and Association

Authorities in the West Bank and Gaza limited and restricted Palestinian residents’ freedoms of peaceful assembly and association.

FREEDOM OF PEACEFUL ASSEMBLY

PA law permits public meetings, processions, and assemblies within legal limits. It requires permits for rallies, demonstrations, and large cultural events. Both the PA and Hamas security forces selectively restricted or dispersed peaceful protests and demonstrations in the West Bank and Gaza during the year.

According to a Hamas decree, any public assembly or celebration in Gaza requires prior permission. Hamas used arbitrary arrest to prevent some events from taking place, particularly political events affiliated with Fatah. Hamas also attempted to impede criticism of Hamas policies by imposing arbitrary demands for the approval of meetings on political or social topics.

A 1967 Israeli military order stipulates that a “political” gathering of 10 or more persons requires a permit from the regional commander of military forces–which Israeli commanders rarely granted. The penalty for a breach of the order is up to 10 years’ imprisonment or a heavy fine. Israeli military law prohibits insulting a soldier, participating in an unpermitted rally, and “incitement” (encouraging others to engage in civil disobedience). In 2016 an Israeli military court indicted Palestinian human rights activist Issa Amro on 18 charges dating to 2010. Human rights organizations such as Amnesty International stated Amro’s actions during these incidents were consistent with nonviolent civil disobedience. Amro’s trial, which began in 2016, continued through the end of the year. In November the seventh hearing on the case was held in Israeli Military Court. Ha’aretz reported the IDF detained him at least 20 times at various checkpoints from May-July.

The IDF Central Command declared areas of the West Bank to be “closed military zones,” in which it prohibited Palestinian public assembly. It maintained the same designation on Fridays for areas adjacent to the security barrier in the Palestinian villages of Bil’in and Ni’lin during hours when Palestinian, Israeli, and international activists regularly demonstrated there. There were frequent skirmishes between protesters and ISF personnel. The ISF stationed on the West Bank side of the barrier during weekly protests in those villages responded to rock throwing with nonlethal force.

FREEDOM OF ASSOCIATION

PA law allows freedom of association. PA authorities sometimes imposed limitations in the West Bank, including on labor organizations (see section 7.a.). NGOs said a regulation subjecting “nonprofit companies” to PA approval prior to receiving grants impeded their independence and threatened the ability of both local and international nonprofits to operate freely in the West Bank.

In Gaza, Hamas attempted to prevent various organizations from operating. These included some it accused of being Fatah-affiliated, as well as private businesses and NGOs that Hamas deemed to be in violation of its interpretation of Islamic social norms. The Hamas de facto Ministry of Interior claimed supervisory authority over all NGOs, and its representatives regularly harassed NGO employees and requested information on staff, salaries, and activities.

Italy

Section 2. Respect for Civil Liberties, Including:

b. Freedom of Peaceful Assembly and Association

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

Jamaica

Section 2. Respect for Civil Liberties, Including:

b. Freedom of Peaceful Assembly and Association

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

Japan

Section 2. Respect for Civil Liberties, Including:

b. Freedom of Peaceful Assembly and Association

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

Jordan

Section 2. Respect for Civil Liberties, Including:

b. Freedom of Peaceful Assembly and Association

The government limited freedoms of peaceful assembly and association.

FREEDOM OF PEACEFUL ASSEMBLY

The constitution provides for freedom of assembly, but the government limited this right. Security forces provided security at demonstrations granted permits by government or local authorities.

The law requires a 48-hour notification to the governor for any meeting or event hosted by any local or international group. While not required by law, several local and international NGOs reported that hotels, allegedly at the request of security officials, required them to present letters of approval from the governor prior to holding training, private meetings, or public conferences. There were 42 reported cases of governor denials without explanation this year. Without letters of approval from the government, hotels cancelled the events. In some cases, NGOs relocated the events to private offices. In one case the Amman governor’s office informed a human rights organization it would not be allowed to proceed with hosting antitorture training at a hotel. The organization claimed that it was eventually permitted to host the training after threatening legal action against the governor.

Protests regarding economic policies, corruption, and government ineffectiveness occurred across several governorates throughout the spring and summer. A few hundred local tribal activists organized daily sit-ins lasting up to 70 days in the main town squares of Salt and Karak from February to May. Protestors generally spoke favorably about the government response.

In late May, labor unions joined the protest movement, leading to larger demonstrations across the country. According to government officials, protests were generally peaceful with 42 injuries to security personnel and 60 arrests for vandalism or assault. The Justice Center for Legal Aid, a civil society organization, operated a detention hotline during the protests where citizens could report violations of the government’s pledge not to detain protestors for more than six hours. They reported one incident when a governor allegedly detained a group of 10 protestors for a prolonged period.

The government tabled the proposed tax reform law in response to the protests, leading to the resignation of then Prime Minister Hani Al-Mulki and his government. Police subsequently allegedly dispersed peaceful anticorruption protests under the new government headed by Prime Minister Razzaz.

FREEDOM OF ASSOCIATION

The constitution provides for the right of association, but the government limited this freedom. The law authorizes the Ministry of Social Development and Ministry of Trade, Industry, and Supply to approve or reject applications to register organizations and to prohibit organizations from receiving foreign funding for any reason. It prohibits the use of associations for the benefit of any political organization. The law also gives the ministry significant control over the internal management of associations, including the ability to dissolve associations, approve boards of directors, send government representatives to any board meeting, prevent associations from merging their operations, and appoint an auditor to examine an association’s finances for any reason. The law requires associations to inform the Ministry of Social Development of board meetings, submit all board decisions for approval, disclose members’ names, and obtain security clearances for board members from the Interior Ministry. The law includes penalties, including fines up to 10,000 JD ($14,000), for violations of the regulations.

In 2015, the Ministry of Social Development introduced an application form for the approval process for associations that receive foreign funding. Associations criticized the procedure, which incorporated additional ministries into the decision process and removed the deadline for review of funding requests. NGOs stated the registration process and foreign funding procedures were neither clear, transparent, nor consistently applied. Groups attempting to register experienced months of delays, and those for whom authorities denied their applications complained that they received inadequate explanations.

During the year, the Ministry of Social Development introduced an automated system for associations to apply for foreign funding and track their applications. As of August 30, the ministry received 5,735 applications for foreign funding and approved 190 of them. NGO’s reported that unexplained, months-long delays in the decision process continued.

The law authorizes the Ministry of Social Development to intervene in NGO activities. Warned NGOs are given a two-month probationary period to address violations.

In June Amman’s first instance court sentenced the chief executive officer of the Center for Defending Freedom of Journalists (CDFJ) to one year in prison for inaccuracies in the CDFJ’s budget and operating under an incorrect legal status. The court also fined CDFJ 200 JD ($282) for irregularities in its budget and organizational documents. In October, a Court of Appeal acquitted the CDFJ’s chief executive officer of these charges. The Ministry of Industry, Trade, and Supply alleged in 2017 that CDFJ violated foreign funding restrictions and ordered it to halt receipt of any foreign funding.

Citizens widely suspected that the government infiltrated civil society organizations, political parties, and human rights organizations and their internal meetings.

Kazakhstan

Section 2. Respect for Civil Liberties, Including:

b. Freedom of Peaceful Assembly and Association

FREEDOM OF PEACEFUL ASSEMBLY

The law provides for limited freedom of assembly, but there were significant restrictions on this right. The law defines unsanctioned gatherings, public meetings, demonstrations, marches, picketing, and strikes that upset social and political stability as national security threats.

The law includes penalties for organizing or participating in illegal gatherings and for providing organizational support in the form of property, means of communication, equipment, and transportation, if the enumerated actions cause significant damage to the rights and legal interests of citizens, entities, or legally protected interests of the society or the government.

By law organizations must apply to local authorities at least 10 days in advance for a permit to hold a demonstration or public meeting. Opposition figures and human rights monitors complained that complicated and vague procedures and the 10-day notification period made it difficult for groups to organize public meetings and demonstrations and noted local authorities turned down many applications for demonstrations or only allowed them to take place outside the city center.

Activists in Almaty applied to hold a public gathering on August 4 to demand police reform following the death of Olympic medalist Denis Ten. The mayor’s office refused the request, stating that the only place designated for public events in Almaty had already been reserved for another event. The Astana mayor’s office similarly declined a demonstration request. The Almaty activists subsequently submitted 31 petitions requesting a gathering to be held any day in the next month; the mayor’s office denied them all.

On May 10, several dozen individuals staged a protest initiated by fugitive banker and leader of the banned opposition group Democratic Choice of Kazakhstan (DCK) Mukhtar Ablyazov to demand the release of political prisoners and an end to torture. The protest had not received government approval. Police dispersed the protestors and detained several, among them random passers-by and minors, according to activists. Some of those detained were punished by court fines or short administrative detentions. The government did not release any official data on the number of detained or punished protestors.

On June 23, the DCK called another unapproved rally. Police preemptively arrested a number of individuals thought to be involved in the protests. Human rights advocacy organizations reported that those detained included passersby, senior citizens, pregnant women, and children. In several cities reporters who came to cover the event were briefly detained. All detainees were taken to police stations and held there for several hours without food or water. Human rights observers criticized police for unjustified detention and numerous procedural violations in holding the detainees in custody. There were no official reports on the number of those detained. Human rights advocates stated that more than a hundred individuals were detained in Almaty, 30 in Astana, and at least a dozen in Shymkent. In some cities protestors dispersed without police involvement.

FREEDOM OF ASSOCIATION

The law provides for limited freedom of association, but there were significant restrictions on this right. Any public organization set up by citizens, including religious groups, must be registered with the Ministry of Justice, as well as with the local departments of justice in every region in which the organization conducts activities. The law requires public or religious associations to define their specific activities, and any association that acts outside the scope of its charter may be warned, fined, suspended, or ultimately banned. Participation in unregistered public organizations may result in administrative or criminal penalties, such as fines, imprisonment, the closure of an organization, or suspension of its activities.

NGOs reported some difficulty in registering public associations. According to government information, these difficulties were due to discrepancies in the submitted documents.

Membership organizations other than religious groups, which are covered under separate legislation, must have at least 10 members to register at the local level and must have branches in more than one-half the country’s regions for national registration. The government considered political parties and labor unions to be membership organizations but required political parties to have 40,000 signatures for registration. If authorities challenge the application by alleging irregular signatures, the registration process may continue only if the total number of eligible signatures exceeds the minimum number required. The law prohibits parties established on an ethnic, gender, or religious basis. The law also prohibits members of the armed forces, employees of law enforcement and other national security organizations, and judges from participating in trade unions or political parties.

According to Maina Kiai, the UN special rapporteur who visited Kazakhstan in 2015, the law regulating the establishment of political parties is problematic as it imposes onerous obligations prior to registration, including high initial membership requirements that prevent small parties from forming and extensive documentation that requires time and significant expense to collect. He also expressed concern regarding the broad discretion granted to officials in charge of registering proposed parties, noting that the process lacked transparency and the law allows for perpetual extensions of time for the government to review a party’s application.

Under the 2015 NGO financing law, all “nongovernment organizations, subsidiaries, and representative offices of foreign and international noncommercial organizations” are required to provide information on “their activities, including information regarding the founders, assets, sources of their funds and what they are spent on….” An “authorized body” may initiate a “verification” of the information submitted based on information received in mass media reports, complaints from individuals and entities, or other subjective sources. Untimely or inaccurate information contained in the report, discovered during verification, is an administrative offense and may carry fines up to 53,025 tenge ($159) or suspension for three months if the violation is not rectified or is repeated within one year. In extreme cases criminal penalties are possible, which may lead to a large fine, suspension, or closure of the organization.

The law prohibits illegal interference by members of public associations in the activities of the government, with a fine of up to 636,300 tenge ($1,910) or imprisonment for up to 75 days. If committed by the leader of the organization, the fine may be up to 1.06 million tenge ($3,180) or imprisonment for no more than 90 days. The law does not clearly define “illegal interference.”

By law a public association, along with its leaders and members, may face fines for performing activities outside its charter. The law is not clear regarding the delineation between actions an NGO member may take in his or her private capacity versus as part of an organization.

The law establishes broad reporting requirements concerning the receipt and expenditure of foreign funds or assets; it also requires labeling all publications produced with support from foreign funds. The law also sets out administrative and criminal penalties for noncompliance with these requirements and potential restrictions on the conduct of meetings, protests, and similar activities organized with foreign funds.

Kenya

Section 2. Respect for Civil Liberties, Including:

b. Freedom of Peaceful Assembly and Association

FREEDOM OF PEACEFUL ASSEMBLY

Although the constitution and law provide for freedom of assembly, the government sometimes restricted this right. Police routinely denied requests for meetings filed by human rights activists, and authorities dispersed persons attending meetings that had not been prohibited beforehand. Organizers must notify local police in advance of public meetings, which may proceed unless police notify organizers otherwise. By law authorities may prohibit gatherings only if there is another previously scheduled meeting at the same time and venue or if there is a perceived specific security threat.

Police used excessive force at times to disperse demonstrators. The local press reported on multiple occasions that police used tear gas to disperse demonstrators or crowds of various types, including looters at the demolition of a shopping mall in September. On August 6, police tear-gassed Kenyatta National Hospital staff staging a peaceful protest over nonpayment of their health service allowances. IPOA’s investigation of resulting complaints continued as of year’s end.

FREEDOM OF ASSOCIATION

The constitution and law provide for freedom of association, and the government generally respected this right, but there were reports that authorities arbitrarily denied this right in some cases. A statement by the UN Office of the High Commissioner for Human Rights dated July 11 noted reprisals faced by numerous human rights defenders and communities that raised human rights concerns. Reprisals reportedly took the form of intimidation, termination of employment, beatings, and arrests and threats of malicious prosecution. There were reports of restrictions on workers’ freedom of association, including in the agribusiness and public sectors. Trade unionists reported workers dismissed for joining trade unions or for demanding respect for their labor rights.

The Societies Act requires that every public association be either registered or exempted from registration by the Registrar of Societies. The NGO Coordination Act requires that NGOs dedicated to advocacy, public benefit, or the promotion of charity or research register with the NGO Coordination Board. In February the High Court ordered the NGO Coordination Board to pay the Kenya Human Rights Commission KSH two million ($20,000) compensation for illegally freezing its accounts and attempting to deregister it in 2017. The NGO Coordination Board had also attempted to deregister the Africa Centre for Open Governance, but a court overturned that decision in December 2017.

The NGO Coordination Act of 1990 requires organizations employing foreign staff to seek authorization from the NGO Coordination Board before applying for a work permit.

In 2016 the Ministry of Devolution and Planning announced its intention to implement immediately the 2013 Public Benefits Organization (PBO) Act, an important step in providing a transparent legal framework for NGO activities. Despite two court rulings ordering the government to operationalize the PBO Act. In September the interior cabinet secretary pledged to operationalize the PBO Act by the end of the year but the government failed to do so.

Kiribati

Section 2. Respect for Civil Liberties, Including:

b. Freedom of Peaceful Assembly and Association

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

Kosovo

Section 2. Respect for Civil Liberties, Including:

b. Freedom of Peaceful Assembly and Association

The constitution and law provide for the freedoms of peaceful assembly and association, and the government, EULEX, and KFOR generally respected these rights.

Kuwait

Section 2. Respect for Civil Liberties, Including:

b. Freedom of Peaceful Assembly and Association

FREEDOM OF PEACEFUL ASSEMBLY

The constitution provides for freedoms of peaceful assembly and association, but the government restricted the right of noncitizens to demonstrate.

Officials sometimes also restricted the location of planned protests to designated public spaces, citing public safety and traffic concerns. In September a group of activists peacefully assembled and protested the censorship of books in front of the Ministry of Information. Activists reported that they had applied in advance, notifying the authorities of their planned protest, but had not received a response. The initial rally dispersed peacefully when members of police requested activists to move to a different venue. A second protest was organized and the authorities gave permission for the rally away from the Ministry of Information. In the past courts have tried and sentenced participants in unlicensed demonstrations to prison terms and deported noncitizens for participating in rallies.

The Bidoon are stateless Arabs who are recognized by the authorities but not granted citizenship. Bidoon activists have reported that if they try to assemble peacefully or organize campaigns to gain equal rights, authorities regularly harass them. Some Bidoon activists indicated they were detained for questioning by authorities each time they planned campaigns or protests.

FREEDOM OF ASSOCIATION

The constitution provides for freedom of association, but the government placed restrictions on this right. The law prohibits officially registered groups from engaging in political activities.

The government used its power to register associations as a means of political influence. The Ministry of Social Affairs and Labor can reject an NGO’s application if it deems the NGO does not provide a public service. Most charity closings resulted from improper reporting of fundraising activities, which included not getting permission from the ministry or failing to submit annual financial reports. Dozens of unlicensed civic groups, clubs, and unofficial NGOs had no legal status, and many of those chose not to register due to bureaucratic inconvenience or inability to meet the minimum 50-member threshold. The Ministry of Social Affairs and Labor continued to reject some new license requests, contending established NGOs already provided services similar to those the petitioners proposed. Members of licensed NGOs must obtain permission from the ministry to attend international conferences as official representatives of their organization.

Kyrgyz Republic

Section 2. Respect for Civil Liberties, Including:

b. Freedom of Peaceful Assembly and Association

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

FREEDOM OF PEACEFUL ASSEMBLY

The constitution provides for this right, and the government generally respected it. Organizers and participants are responsible for notifying authorities of planned assemblies, but the constitution prohibits authorities from banning or restricting peaceful assemblies, even in the absence of prior notification. Local authorities, however, have the right to demand an end to a public action and, in the event of noncompliance, are empowered to take measures to end assemblies.

FREEDOM OF ASSOCIATION

The law provides for freedom of association, and the government generally respected it. NGOs, labor unions, political parties, and cultural associations must register with the Ministry of Justice. NGOs are required to have at least three members and all other organizations at least 10 members. The Ministry of Justice did not refuse to register any domestic NGOs. The law prohibits foreign-funded political parties and NGOs, including their representative offices and branches, from pursuing political goals.

The government continued to maintain bans on 21 “religiously oriented” groups it considered to be extremist, including al-Qaida, the Taliban, the Islamic Movement of Eastern Turkistan, the Kurdish People’s Congress, the Organization for the Liberation of Eastern Turkistan, Hizb ut-Tahrir, the Union of Islamic Jihad, the Islamic Party of Turkistan, the Unification (Mun San Men) Church, Takfir Jihadist, Jaysh al-Mahdi, Jund al-Khilafah, Ansarullah At-Takfir Val Hidjra, Akromiya, ISIS, Djabhat An Nusra, Katibat al-Imam al-Buhari, Jannat Oshiqlari, Jamaat al-Tawhid wal-Jihad, and Yakyn Incar. Authorities also continued the ban on all materials or activities connected to A. A. Tihomirov, also known as Said Buryatsky.

As in recent years, numerous human rights activists reported continued arrests and prosecution of persons accused of possessing and distributing Hizb ut-Tahrir literature (see section 1.d.). Most arrests of alleged Hizb ut-Tahrir members occurred in the southern part of the country and involved ethnic Uzbeks. The government charged the majority of those arrested with possession of illegal religious material. In some cases NGOs alleged police planted Hizb ut-Tahrir literature as evidence against those arrested.

Laos

Section 2. Respect for Civil Liberties, Including:

b. Freedom of Peaceful Assembly and Association

The law places restrictions on the freedoms of peaceful assembly and association, and the government continued to restrict these rights.

FREEDOM OF PEACEFUL ASSEMBLY

The law prohibits participation in demonstrations, protest marches, or other acts that cause turmoil or social instability. Participation in such activities is punishable by a maximum five years’ imprisonment; however, this was not strictly enforced. For example, in October 2017 a crowd of almost 2,000 persons gathered to protest outside the office of a financial company that had allegedly defrauded investors; police intervened by detaining the company’s executives but did not detain any protesters.

FREEDOM OF ASSOCIATION

The government used laws that restrict citizens’ right to organize and join associations. For example, political groups other than mass organizations approved by the LPRP are prohibited. Moreover, the government occasionally influenced board membership of civil society organizations and forced some organizations to change their names to remove words it deemed sensitive, such as “rights.”

The registration process was generally burdensome, and authorities restricted NGOs’ ability to disseminate information and conduct activities without interference. By law the government regulates the registration of nonprofit civil society organizations, including economic, social welfare, professional, technical, and creative associations at the district, provincial, or national level, depending on their scope of work and membership. The government did not approve registration of any new nonprofit at the national level during the year, and there was no change in the number of registered associations since 2015: 147 national-level associations were fully registered, 22 had temporary registration, and 32 others had pending applications. Taxation of civil society organizations varied from organization to organization. Taxation requirements for international and local nonprofit organizations that receive foreign funding could be cumbersome and lacked uniformity, relying heavily on prenegotiated memorandums of understanding.

Some NGOs said the August 2017 decree covering NGOs further lengthened the registration process and government officials were either uncertain or unaware of the decree, leading to further delays. The decree also states that NGOs must seek approval from the Ministry of Foreign Affairs to receive funding greater than $60,000. It also mandates the government to provide “advice and assistance” to NGOs to ensure their operations are in line with party policy, the law, and government regulations.

Some ministries appeared more open to engagement with civil society organizations, illustrated by an increase in invitations to attend meetings at ministries. The government also invited NGOs to the National Assembly’s intersession and plenary. Despite some positive steps, civil society organizations still faced many challenges for effective civil engagement and participation.

Latvia

Section 2. Respect for Civil Liberties, Including:

b. Freedom of Peaceful Assembly and Association

FREEDOM OF PEACEFUL ASSEMBLY

The constitution and the law provide for freedom of peaceful assembly. The government generally respected this right, but there are some restrictions. Organizers of demonstrations typically must notify authorities 10 days in advance, although this requirement can be reduced to 24 hours if the longer advance notice is “reasonably impossible” to meet. Officials may deny or modify permits to prevent public disorder.

FREEDOM OF ASSOCIATION

The constitution and the law provide for freedom of association, and the government generally respected this right. The law prohibits the registration of communist, Nazi, or other organizations that contravene the constitution or advocate the violent overthrow of the government.

Lebanon

Section 2. Respect for Civil Liberties, Including:

b. Freedom of Peaceful Assembly and Association

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

FREEDOM OF PEACEFUL ASSEMBLY

The constitution provides for the freedom of peaceful assembly with some conditions established by law. Organizers are required to obtain a permit from the Interior Ministry three days prior to any demonstration.

Security forces occasionally intervened to disperse demonstrations, usually when clashes broke out between opposing protesters.

FREEDOM OF ASSOCIATION

The constitution provides for freedom of association with some conditions established by law, and the government generally respected the law.

No prior authorization is required to form an association, but organizers must notify the Ministry of Interior for it to obtain legal recognition, and the ministry must verify that the organization respects public order, public morals, and state security. The ministry sometimes imposed additional, inconsistent restrictions and requirements and withheld approval. In some cases the ministry sent notification of formation papers to the security forces to initiate inquiries about an organization’s founding members. Organizations must invite ministry representatives to any general assembly where members vote on bylaws, amendments, or positions on the board of directors. The ministry must then validate the vote or election. Failure to do so may result in the dissolution of the organization by a decree issued by the Council of Ministers.

The cabinet must license all political parties (see section 3).

In areas under Hizballah’s sway, independent NGOs faced harassment and intimidation, including social, political, and financial pressures. Hizballah reportedly paid youth who worked in “unacceptable” NGOs to leave the groups.

Lesotho

Section 2. Respect for Civil Liberties, Including:

b. Freedom of Peaceful Assembly and Association

The constitution and law provide for the freedoms of peaceful assembly and association, but the law requires organizers to obtain permits seven days in advance for public meetings and processions. The government generally respected these rights when timely applications for permits were submitted.

Liberia

Section 2. Respect for Civil Liberties, Including:

b. Freedom of Peaceful Assembly and Association

The constitution provides for the freedoms of assembly and association, and the government generally respected these rights. The Ministry of Justice required permits for public gatherings and obtaining a permit was relatively easy.

Libya

Section 2. Respect for Civil Liberties, Including:

b. Freedom of Peaceful Assembly and Association

FREEDOM OF PEACEFUL ASSEMBLY

The Constitutional Declaration provides for a general right to peaceful assembly, and the GNA generally respected this right. The law on guidelines for peaceful demonstrations, however, fails to include relevant assurances and severely restricts the exercise of the right of assembly. The law mandates protesters must inform the government of any planned protest at least 48 hours in advance and provides that the government may notify the organizers that a protest is banned as little as 12 hours before the event.

Throughout the year the Libyan Movement for the Voice of the People, led by Mohammed al-Boa, held several protests in Tripoli opposing the role militia groups played in the capital (see section 1.g.). Police authorities generally cooperated with the group’s requests, coordinating with the group to issue permits and provide security at protest sites.

FREEDOM OF ASSOCIATION

The Constitutional Declaration includes freedom of association for political and civil society groups. The government lacked capacity, however, to protect freedom of association, and targeted attacks on journalists, activists, and religious figures severely undermined freedom of association. Civil society organizations also complained about a lack of a legal framework for organizing and implementing their activities. The FMD (see FMDs section 2.a.) and the Ministry of Culture Civil Society Commission took steps to regulate the activity of civil society organizations. Other organizations, including the NCHRL and the AOHRL, were able to register and to interact freely with GNA officials.

Liechtenstein

Section 2. Respect for Civil Liberties, Including:

b. Freedom of Peaceful Assembly and Association

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

Lithuania

Section 2. Respect for Civil Liberties, Including:

b. Freedom of Peaceful Assembly and Association

The government generally respected the freedoms of peaceful assembly and association, with the exception of some organizations associated with the Soviet period.

FREEDOM OF PEACEFUL ASSEMBLY

The constitution and law provide for freedom of assembly and the government generally respected this right.

FREEDOM OF ASSOCIATION

Although the law provides for this freedom and the government generally respected it, the government continued to ban the Communist Party and other organizations associated with the Soviet period.

Luxembourg

Section 2. Respect for Civil Liberties, Including:

b. Freedom of Peaceful Assembly and Association

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

Madagascar

Section 2. Respect for Civil Liberties, Including:

b. Freedom of Peaceful Assembly and Association

FREEDOM OF PEACEFUL ASSEMBLY

The constitution and law provide for freedom of peaceful assembly, but authorities often restricted this right. The government required all public demonstrations to have official authorization from the municipalities and police prefectures, but these rarely gave authorization to opposition parties. Security forces regularly impeded opposition gatherings throughout the country and used excessive force to disperse demonstrators.

Several times during the year, security forces used tear gas to disperse demonstrations by university students, supporters of political opponents, and other groups. Students generally retaliated by throwing stones at security forces or set up roadblocks, which often resulted in injuries and arrests.

During the year, the government systematically hindered political opponents’ ability to meet with their supporters in public places. On January 6 and 22, for example, the joint security unit Emmo-Reg prevented former president Marc Ravalomanana from meeting with supporters by blocking supporters’ entry and destroying audio equipment in private venues.

Government political restrictions on public political demonstrations peaked in April when a group of parliamentarians demonstrated against the proposed electoral code. On April 21, in Antananarivo, elements from the Emmo-Reg blocked the entry to City Hall where opposition parliamentarians had planned to meet voters and report on the adoption of the electoral laws that they judged controversial and in violation of democratic principles. Security forces threw tear gas and fired blanks to prevent access to the compound. Later the same day, security forces that reportedly left the area because they were out of supplies allegedly shot at demonstrators who tried to pursue them. Casualty reports after the confrontations differed, with estimates of between two and five dead and 17 injured.

After April 21, security forces issued a statement that they would no longer intervene in demonstrations unless lives or property were endangered. Opposition members were allowed to demonstrate unhindered, which eventually led to the establishment of a consensus government, and the freedom of all parties to hold political rallies and events without interference for the remainder of the year.

FREEDOM OF ASSOCIATION

The constitution and law provide for the right of association, but the government did not always respect this right.

Malawi

Section 2. Respect for Civil Liberties, Including:

b. Freedom of Peaceful Assembly and Association

The constitution and law provides for the freedoms of peaceful assembly and association, but the government did not always respect these rights.

FREEDOM OF PEACEFUL ASSEMBLY

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

Government officials used their positions to thwart protests or gatherings by opposition figures through the selective use of permits. In September, after a coalition of NGOs critical of the government announced its intent to hold a protest, the ruling party sought and quickly obtained a permit for a competing event, forcing the activists to reschedule.

In September 2017, during a march against gender-based violence, male police officers arrested protester Beatrice Mateyo and charged her with “insulting the modesty of a woman” for carrying a placard deemed offensive. Released on bail, she had yet to be tried by year’s end.

FREEDOM OF ASSOCIATION

The constitution and law provide for the freedom of association, and the government generally respected this right. The government required registration of all NGOs and political parties. NGOs must register with three different government entities and pay significant yearly registration fees.

During the year the government tried to increase its control over civil society. Two draft laws include provisions that would give government-controlled bodies the ability to deregister NGOs. The government, however, had yet to introduce these drafts into parliament.

Malaysia

Section 2. Respect for Civil Liberties, Including:

b. Freedom of Peaceful Assembly and Association

The constitution provides for the freedoms of peaceful assembly and association but allows restrictions deemed necessary or expedient in the interest of security, public order, or (in the case of association) morality. Abiding by the government’s restrictions did not protect some protesters from harassment or arrest.

FREEDOM OF PEACEFUL ASSEMBLY

The constitution provides all citizens “the right to assemble peaceably and without arms;” however, several laws restricted this right. Although the law does not require groups to obtain a permit for assemblies, police frequently placed time, location, and other restrictions on the right to assemble. Authorities banned street protests, and police sometimes confronted civil society and opposition demonstrations with mass arrests.

Protests deemed acceptable by the government usually proceeded without interference.

In December police approved a demonstration opposing the ratification of the International Convention on the Elimination of All Forms of Racial Discrimination but rescinded a previously approved application to hold a Human Rights Day event on the same day citing security risks.

FREEDOM OF ASSOCIATION

The constitution provides for the right of association; however, the government placed significant restrictions on this right, and certain statutes limit it. By law only registered organizations of seven or more persons may legally function. The government often resisted registering organizations deemed particularly unfriendly to the government or imposed strict preconditions. The government may revoke registrations for violations of the law governing societies.

The government bans membership in unregistered political parties and organizations.

The law prohibits students who hold political positions from conducting political party activities on campus. Students are also prohibited from “expressing support or sympathy” for an unlawful society or organization. In December the lower house of parliament passed amendments to legislation on university students’ participation in political-party activities on campus. The Senate, however, did not approve the legislation during the year. Earlier in the year the government lifted the ban on opposition politicians visiting schools in their constituencies, but required them to first obtain approval from state authorities.

Many human rights and civil society organizations had difficulty obtaining government recognition as NGOs. As a result, many NGOs registered as companies, which created legal and bureaucratic obstacles to raising money to support their activities. Authorities frequently cited a lack of registration as grounds for action against organizations. Some NGOs also reported the government monitored their activities in order to intimidate them.

Maldives

Section 2. Respect for Civil Liberties, Including:

b. Freedom of Peaceful Assembly and Association

The government restricted freedoms of peaceful assembly and association.

FREEDOM OF PEACEFUL ASSEMBLY

The constitution provides for “freedom of peaceful assembly without prior permission of the State,” but the government did not respect this right. A 2013 law on peaceful assembly restricts protests outside designated areas, and a 2016 amendment to the law further restricts the designated areas for lawful protests in the capital city. Protesters must obtain prior written permission from the MPS to hold protests outside of designated areas and from the Ministry of Home Affairs to hold protests within the designated area, which local civil society organizations condemned as unconstitutional. Opposition political parties expressed concern the amendment effectively banned protests in the city. Police reported they had dispersed 72 gatherings for violation of the Freedom of Peaceful Assembly Act as of July 31. In a March 12 statement, the HRCM said MPS had used disproportionate force in dispersing multiple opposition protests since February 1, causing injuries to protesters and journalists, and violating regulations on use of less-than-lethal weapons in their use of pepper spray. Opposition parties also reported that the police and Ministry of Housing routinely ignored requests to grant permission to hold opposition protests, while allowing and facilitating progovernment gatherings to proceed.

FREEDOM OF ASSOCIATION

The constitution provides for freedom of association, but the government imposed limits on this freedom. The government allowed only clubs and other private associations that did not contravene Islamic or civil law to register.

NGOs reported that a 2015 associations regulation threatened their freedom of operation. The regulation requires human rights and other NGOs to seek government approval before applying for domestic assistance above MVR 25,000 ($1,630) or for any foreign assistance. The regulation also requires organizations to submit a membership registry to the government and grants the registrar of associations sweeping powers to dissolve organizations and enter organizations to obtain documents without a search warrant. The registrar dissolved the Maldives NGO Federation, a registered network of 62 NGOs, after it released a statement calling for the enforcement of the February 1 Supreme Court order to release nine detained opposition figures.

The Political Parties Act restricts registration of political parties and eligibility of state funds to those parties with 10,000 or more members. A 2016 amendment to the act requires all political parties to submit fingerprints with each membership application, legalizing a 2011 Elections Commission requirement. Forms without fingerprints would be considered invalid, and those persons would not be counted as members of a political party. The TM and the MDN raised concerns the law and subsequent amendments restricted the constitutional right to form and participate in political parties.

Mali

Section 2. Respect for Civil Liberties, Including:

b. Freedom of Peaceful Assembly and Association

FREEDOM OF PEACEFUL ASSEMBLY

The constitution and law provide for freedom of assembly, but the government did not always respect this. Security forces used tear gas to break up a June 2 march led by leading opposition politicians and activists. The governor of Bamako used State of Emergency powers, in effect since 2015, to deny the organizers’ formal request to hold the march. March organizers held the march despite this denial. More than 30 protesters, including presidential candidates, were injured during the violence. A reported 16 protesters were admitted to Hospital Gabriel Toure, with unconfirmed reports of two critically injured, of whom one died from his wounds on June 3. The government claimed three security force members also suffered injuries. The government denied that live ammunition was used and defended the actions of the security forces. The political opposition condemned the violence and called for another march on June 8, which the government permitted without restrictions. The June 8 march occurred peacefully.

FREEDOM OF ASSOCIATION

The constitution provides for freedom of association, although the law prohibits associations deemed immoral. The government generally respected freedom of association except for members of the lesbian, gay, bisexual, transgender, and intersex (LGBTI) community.

Malta

Section 2. Respect for Civil Liberties, Including:

b. Freedom of Peaceful Assembly and Association

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

Marshall Islands

Section 2. Respect for Civil Liberties, Including:

b. Freedom of Peaceful Assembly and Association

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

Mauritania

Section 2. Respect for Civil Liberties, Including:

b. Freedom of Peaceful Assembly and Association

FREEDOM OF PEACEFUL ASSEMBLY

The constitution provides for freedom of peaceful assembly. Registered political parties are not required to seek permission to hold meetings or demonstrations. The law requires NGO organizers to apply to the local administrative chief for permission to hold large meetings or assemblies. Authorities usually granted permission but on some occasions denied it in circumstances that suggested the application of political criteria.

On several occasions officials with the IRA and other organizations reported security force members arrested their activists for failing to obtain the local prefect’s permission before holding a rally.

On August 29, the news website Sahara Media reported that police dispersed an opposition rally in Nouakchott in advance of the September elections. Police objected to the rally on the grounds of a complaint filed by Al-Najah Company, which owned the old airport (site of the rally). According to opposition leaders, they had previously received approval from the government to hold the rally.

After parliament opened on October 8, the IRA organized several largely peaceful protests against the continued detention of their leader and newly elected parliamentarian Biram Dah Abeid. Police response to some protests was violent.

FREEDOM OF ASSOCIATION

The law provides for freedom of association, and the government generally, but not in every instance, respected this right.

All local NGOs must register with the Ministry of Interior and Decentralization. Generally, if the ministry fails to respond within 45 days to a request to establish an NGO, the NGO may proceed with its work, although it was not considered officially registered.

Since 2014 Amnesty International documented 43 cases in which NGOs working in the human rights domain had not received a response from the government on their registration requests, meaning the NGOs were not authorized to operate in the country.

The government encouraged locally registered NGOs to join the government-sponsored Civil Society Platform. Approximately 6,000 local NGOs did so.

Mauritius

Section 2. Respect for Civil Liberties, Including:

b. Freedom of Peaceful Assembly and Association

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

Mexico

Section 2. Respect for Civil Liberties, Including:

b. Freedom of Peaceful Assembly and Association

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.

Moldova

Section 2. Respect for Civil Liberties, Including:

b. Freedom of Peaceful Assembly and Association

The government placed some limits on freedoms of peaceful expression and association

FREEDOM OF PEACEFUL ASSEMBLY

The law provides for freedom of assembly, and the government generally respected this right, with several exceptions during the year.

On August 26, opposition extra-parliamentary parties and their supporters held a large-scale rally to protest the courts’ invalidation of the local elections in Chisinau, the government’s failure to investigate the bank fraud, and mounting pressure levied against opposition parties. The protest organizers asserted that authorities “took illegal and disproportionate measures to hinder the arrival of protesters in Chisinau, particularly from the rural areas.” Opposition leaders also alleged that law enforcement agencies intimidated local activists before the protest and that regional representatives from the ruling party threatened to withdraw the licenses of local transportation companies if they transported people to Chisinau on the day of the protest. Media outlets reported several incidents of police or transportation regulators stopping drivers to fine them for “unusual illegalities.” In an appeal sent to diplomatic missions and international human rights watchdogs, a number of NGOs claimed that authorities infringed upon the right to free movement and the right to peaceful assembly.

Authorities in Transnistria continued to restrict freedom of assembly and were reluctant to issue permits for public protests organized by the opposition. Transnistrian authorities refused to authorize a protest planned for June 5 by the region’s only allowed opposition group, the Communist Party. Oleg Horjan, the leader of the Communist Party and organizer of the planned protest, instead decided to hold an informal public gathering of his party’s constituents. Transnistrian law enforcement bodies reportedly arrested approximately 40 participants present at the gathering, including Horjan’s son. On June 11, Oleg Horjan was arrested after the plenary of the region’s legislature lifted his legislative immunity. The case was ongoing in court.

FREEDOM OF ASSOCIATION

The constitution provides for freedom of association and states that citizens are free to form parties and other social and political organizations, and the government generally respected this right. The law prohibits organizations “engaged in fighting against political pluralism, the principles of the rule of law, or the sovereignty and independence or territorial integrity” of the country.

During the year government officials and members of the parliamentary majority continued to denigrate the role of civil society in the country, characterizing NGOs critical of government actions as “political actors” who require increased regulation.

In June the UN’s special rapporteur on the situation of human rights defenders, Michel Forst, expressed concern that human rights defenders and journalists were victims of stigmatization campaigns. According to Forst there were allegations of intimidation and threats towards human rights defenders by public authorities, particularly after defenders expressed criticism of government decisions.

In Transnistria, authorities severely restricted freedom of association. Separatist authorities granted the legal right of association only to persons they recognized as citizens of Transnistria. All nongovernmental activities had to be coordinated with local authorities; groups that did not comply faced harassment, including visits from security officials. Authorities strictly prohibited organizations favoring reintegration with the rest of Moldova.

The human rights NGO Promo-Lex, which suspended its activities in the Transnistrian region in 2015 following notification of a criminal case opened against it, did not renew attempts to enter the region.

Monaco

Section 2. Respect for Civil Liberties, Including:

b. Freedom of Peaceful Assembly and Association

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

Mongolia

Section 2. Respect for Civil Liberties, Including:

b. Freedom of Peaceful Assembly and Association

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

Montenegro

Section 2. Respect for Civil Liberties, Including:

b. Freedom of Peaceful Assembly and Association

FREEDOM OF PEACEFUL ASSEMBLY

The constitution and law provide for the freedom of peaceful assembly. The government usually respected this right, but on several occasions, the Ministry of Interior denied permits to workers and LGBTI groups wishing to assemble to express their grievances. Public gatherings within 164 feet of government buildings are prohibited.

Police asserted that they prohibited gatherings that would disturb public peace and order and interfere with traffic. In some cases, authorities offered protesters alternate locations for demonstrations. In a few cases, when protesters assembled without authorization or failed to obey police orders to disperse, police detained them for questioning and charged them with misdemeanors.

FREEDOM OF ASSOCIATION

The constitution and law provide for the freedom of association, and the government generally respected this right.

c. Freedom of Religion

Morocco

Section 2. Respect for Civil Liberties, Including:

b. Freedom of Peaceful Assembly and Association

The government limited freedoms of peaceful assembly and association.

FREEDOM OF PEACEFUL ASSEMBLY

The law provides for the right of peaceful assembly. The government generally allowed authorized and unauthorized peaceful demonstrations to occur. Under the law groups of more than three persons require authorization from the Ministry of Interior to protest publicly. Security forces intervened on occasion to disband both authorized and unauthorized protests when officials deemed the demonstration a threat to public security.

Some NGOs complained that authorities did not apply the approval process consistently and used administrative delays and other methods to suppress or discourage unwanted peaceful assembly. According to Human Rights Watch’s World Report 2018, police allowed many protests demanding political reform and protesting government actions, but often forcibly dispersed peaceful protests or prevented demonstrations from occurring. According to the government, there was an average of 20,000 demonstrations per year. While the majority of protests proceeded peacefully, on several occasions violence erupted between protestors and police. According to the CNDH, during some unauthorized demonstrations in Tan-Tan, the security forces intervened in a “disproportionate manner.”

Security forces were generally present both in and out of uniform at protests, particularly if the protest was expected to address a sensitive issue. In general, officers were under orders to observe and not intervene, unless the demonstration becomes unruly, threatening to bystanders, or overflows into public highways. In those cases, under standard operating procedures, officers are required to give the crowd three warnings that force will be used if they do not disperse. Security forces then attempt to force protestors to leave the area, using riot shields to push standing protestors into a designated area or carrying seated protestors to the designated area. If such lower-level tactics fail, security forces may escalate to the use of batons, water cannons, or tear gas to clear the area and restore order. Security force tactics did not differ significantly, whether the protest was authorized or unauthorized, although the decision on whether to intervene sometimes depended on whether the protest was authorized. According to the government, if officers intervene in a protest, a police judiciary officer not involved in the intervention and under the supervision of the attorney general must produce a statement documenting the circumstances of the case, the number of victims, and the material damage due to the operation. The police judiciary officer must address the statement to the Attorney General’s Office with a copy to the governor of the territorial jurisdiction where the incident transpired. The government organized ongoing training on human rights-based methods to manage crowds throughout the year.

In December 2017, two brothers were found dead inside a coal pit in the northeast province of Jerada where they mined illegally. According to media reports, their deaths sparked protests over social disparities, economic grievances, and unemployment. According to the government, from December 2017 to August, approximately 300 protests involving nearly 55,000 persons total took place, injuring 29 civilians and 247 members of the security forces in violence that erupted during interventions.

On March 14, online media sources released a video showing four police vehicles driving close to protesters and severely injuring a minor during an unauthorized protest in Jerada. The government reported that security forces accidentally hit the minor while attempting to disperse the crowds. As of December authorities arrested 94 people in connection with the Jerada protests. According to press reports, several protest leaders and three minors were among the detained. According to the government, 51 were sentenced to prison, 31 of whom were sentenced to prison terms of one to five years. Some detainees were sentenced for destruction of public goods, incitement to commit crimes, and or involvement in unauthorized protests. More than 40 cases continued at year’s end.

On June 26, the Casablanca Court of Appeal convicted and issued sentences to protest leader Nasser Zefzafi and 52 other members of the Hirak protest movement. Four detainees, including Zefzafi, were sentenced to 20 years’ imprisonment on charges including threatening national security. Other sentences varied from 15 years’ imprisonment to suspended sentences and fines. The detainees appealed the convictions; no updates were available at year’s end. According to the Ministry of Justice, authorities implicated 578 persons in crimes related to the Hirak protests, of whom 306 were sentenced, 204 pardoned, 39 acquitted of all charges, and 29 were awaiting trial as of November.

FREEDOM OF ASSOCIATION

The constitution and the law provide for freedom of association, although the government sometimes restricted this freedom. The government prohibited or failed to recognize some political opposition groups by deeming them unqualified for NGO status. While the government does not restrict the source of funding for NGOs operating in the country, NGOs that receive funding from foreign sources are required to report the amount and its origins to the government within 30 days from the date of receipt. The government denied official recognition to NGOs that it considered advocates against Islam as the state religion or questions the legitimacy of the monarchy or the country’s territorial integrity. Authorities obstructed the registration of a number of associations perceived to be critical of the authorities by refusing to accept their registration applications or to deliver receipts confirming the filing of applications (see section 5).

The Ministry of Interior required NGOs to register before being recognized as legal entities, but there was no comprehensive national registry publicly available. A prospective organization must submit its objectives, bylaws, address, and photocopies of members’ identification cards to the ministry. The ministry issues a receipt to the organization that signifies formal approval. Organizations without receipts are not formally registered, although the government tolerated activities of several organizations without these receipts. Unregistered organizations could not access government funds or legally accept contributions.

The National Federation of Amazigh Associations, an organization supporting the inclusion of the Amazigh (Berber) population in public life, reported that, as of October, the nine Amazigh organizations denied registration in 2017 continued to be denied registration during the year, including the federation itself (see section 6, National/Racial/Ethnic Minorities).

According to the CNDH, the Tan-Tan branch of the CNDH received one complaint from an organization denied registration during the year. The branch contacted government authorities, and following mediation the government registered the organization.

Authorities continued to monitor Justice and Charity Organization activities.

Mozambique

Section 2. Respect for Civil Liberties, Including:

b. Freedom of Peaceful Assembly and Association

The constitution and law provide for the freedoms of peaceful assembly and association; however, the government did not always respect these rights.

FREEDOM OF PEACEFUL ASSEMBLY

By law protest organizers do not require government “authorization” to protest peacefully; however, they must notify local authorities of their intent in writing at least four business days beforehand. Unlike in prior years, there were no reports the government disapproved organizers’ requests to hold protest demonstrations by alleging errors in notification documents.

FREEDOM OF ASSOCIATION

The Ministry of Justice, Constitutional, and Religious Affairs did not act on the request for registration of The Mozambican Association for the Defense of Sexual Minorities (LAMBDA)–the country’s only lesbian, gay, bisexual, transgender, and intersex (LGBTI) advocacy NGO–by year’s end. Although the registration process usually takes less than two months, LAMBDA’s request has been pending since 2008 despite resubmissions of its application. Civil society leaders and some diplomatic missions continued to urge the ministry to act on LAMBDA’s application and to treat all registration applications fairly. In October 2017 the Constitutional Court ruled LAMBDA and other groups could not be precluded from registration based on “morality” but did not direct the government to grant official recognition to LAMBDA. LAMBDA continued to pursue a previously filed case with the Administrative Tribunal–the highest jurisdiction for administrative matters–specifically seeking to compel the government to respond to its registration request.

Namibia

Section 2. Respect for Civil Liberties, Including:

b. Freedom of Peaceful Assembly and Association

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

Nauru

Section 2. Respect for Civil Liberties, Including:

b. Freedom of Peaceful Assembly and Association

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

Nepal

Section 2. Respect for Civil Liberties, Including:

b. Freedom of Peaceful Assembly and Association

The law provides for the freedoms of assembly and association; however, the government sometimes restricted freedom of assembly.

FREEDOM OF PEACEFUL ASSEMBLY

Freedom of assembly generally was respected for citizens and legal residents, but there were some restrictions. The government continued its attempts to stop Tibetans from celebrating culturally important events, such as Tibetan New Year (Losar), World Peace Day (the anniversary of the Dalai Lama’s award of the Nobel Peace Prize), and the Dalai Lama’s birthday. The law authorizes chief district officers to impose curfews when there is a possibility that demonstrations or riots could disturb the peace.

In early July the government restricted demonstrations at the Maitighar Mandala, a historical public space. Opposition leaders, media, and civil society members said the government’s decision violated citizens’ right to peaceful assembly. The Supreme Court issued an interim order to the government not to implement the decision.

FREEDOM OF ASSOCIATION

The law provides for freedom of association, and the government generally respected this right. NGOs, however, stated the existing legal framework does not adequately recognize the independence of civil society and opens the door to the exercise of excessive discretion by the government. They added that the registration process for civil society organizations (CSOs) is restrictive and cumbersome, the government has wide discretion to deny registration, and requirements vary among various registration authorities, with some entities requiring documents not mentioned in existing laws on an ad hoc basis. Additionally, the Association Registration Act empowers the government to give directions to associations and to terminate associations if they refuse to follow directions. To receive foreign or government resources, CSOs must seek separate and additional approval from the Social Welfare Council (SWC), the government entity responsible for overseeing CSOs. The SWC requires that CSOs allocate at least 80 percent of their budgets for hardware or tangible development outputs, which places undue restrictions on CSOs that focus on advocacy issues.

Netherlands

Section 2. Respect for Civil Liberties, Including:

b. Freedom of Peaceful Assembly and Association

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

New Zealand

Section 2. Respect for Civil Liberties, Including:

b. Freedom of Peaceful Assembly and Association

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

Nicaragua

Section 2. Respect for Civil Liberties, Including:

b. Freedom of Peaceful Assembly and Association

The government restricted freedoms of peaceful assembly and association.

FREEDOM OF PEACEFUL ASSEMBLY

The government did not respect the legal right to public assembly, demonstration, and mobilization. Antigovernment marches and protests were allowed at times, but in several instances, the NNP and parapolice shot live ammunition at protesters. 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. On July 12-13, when student protesters sought refuge inside a Catholic church in Managua, NNP and parapolice shot live ammunition at the church.

Through various press releases and arrests, the NNP claimed protesters were responsible for destruction of public and private buildings, setting of 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. Protesters sometimes tore down “Trees of Life,” giant, illuminated, tree-like sculptures Vice President Murillo had ordered installed along major thoroughfares. The OHCHR August 29 report noted “abuses committed by individuals who took part in the protests, including the killing and injuring of police officers and members of the Sandinista party and the destruction of public infrastructure.”

On September 28, the NNP issued a press release stating: “The NNP reiterates that the people and organizations that call for these illegal movements from which criminal and destructive activity has been promoted will be found responsible and face justice for any alteration and/or threat to the tranquility, work, life, and rights of people, families, and communities.” Civil society took the statement as effectively outlawing peaceful protests.

FREEDOM OF ASSOCIATION

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. In late November and early December, the FSLN wielded its supermajority in the National Assembly to strip legal status from nine civil society organizations that work on transparency, democracy, environmental issues, and human rights.

Niger

Section 2. Respect for Civil Liberties, Including:

b. Freedom of Peaceful Assembly and Association

The government at times restricted freedoms of peaceful assembly and association.

FREEDOM OF PEACEFUL ASSEMBLY

Although the constitution and law provide for freedom of assembly, police sometimes forcibly dispersed demonstrators. The government retained authority to prohibit gatherings under tense social conditions or if organizers did not provide 48-hour advance notice.

There were several instances of police restrictions and government bans on protests. On April 18, students blocked the road to the main campus of Niamey’s Abdou Moumouni University to demand reinstatement of the five senior student leaders who had been expelled on March 17. Police intervened with tear gas, and according to the union, 32 protesters were injured and six hospitalized, including one in critical condition (numbers of injured were not reliably reported in the press, and independent verification of the extent and seriousness of the injuries was not available). An official government announcement noted damage to six vehicles and university offices. On April 23, the government declared that university campuses nationwide would remain closed until CASO, accused of general and long-term violence and misconduct, was disbanded. Negotiations led to reopening the university on May 15 without the disbanding of CASO.

The government regularly banned planned civil society-organized gatherings from April to August. Municipal authorities often denied official permission for opposition demonstrations and rallies without responding to organizers’ requests within the 48-hour timeline required by regulations. There was an instance in Maradi where the government did not implement a court order that supported the organizers’ right to protest.

On March 23, the government banned a civil society protest of new tax laws planned for March 25. Organizers encouraged their supporters to demonstrate despite the ban, arguing the constitution gave them a right to protest. On the morning of March 25, before the protest had begun, police arrested two civil society leaders at their offices: Moussa Tchangari and Ali Idrissa. Later in the day, activist Nouhou Arzika was arrested at his lawyer’s office, and television commentator Lirwana Abdourahamane was arrested at Labari Television after making a call for individuals to stand up for their rights. Authorities shuttered the television station for five days. Police arrested another 19 demonstrators the same day, charging them with organizing or participating in an illegal demonstration, damaging property, acts of violence and assault, and assault and battery.

The group of 23 went to trial in July after four months of pretrial detention. On July 24, a Niamey judge convicted the four civil society leaders of inciting a banned protest and gave them three-month suspended jail sentences. The judge acquitted 11 of the defendants and found another eight guilty of participating in a banned protest, sentencing them to one year in prison, with six months suspended.

FREEDOM OF ASSOCIATION

The constitution and law provide for freedom of association, and the government generally respected this freedom; however, government representatives accused human rights-related civil society organizations of being “putschist” or intending to overthrow the government. Police on several occasions, without a legal warrant, blocked access to offices of the NGO Alternative Citizen Spaces in Niamey and Zinder. The law does not permit political parties based on ethnicity, religion, or region.

Nigeria

Section 2. Respect for Civil Liberties, Including:

b. Freedom of Peaceful Assembly and Association

FREEDOM OF PEACEFUL ASSEMBLY

Although the constitution and law provide for freedom of assembly, the government occasionally banned and targeted gatherings when it concluded their political, ethnic, or religious nature might lead to unrest. Open-air religious services held away from places of worship remained prohibited in many states, due to fear they might heighten interreligious tensions. From October 27-30, members of the IMN carried out a series of religious processions across northern Nigeria, while also protesting the continued detention of their leader, Sheikh Ibrahim El-Zakzaky. Police and military officials set up roadblocks and used other means to confront protestors in and around the capital city of Abuja. In the ensuring altercations, security forces shot and killed a number of IMN members. According to HRW, on October 28, soldiers shot into a procession in Zuba, a bus terminal northwest of Abuja, killing six persons. The army acknowledged in a statement that three persons were killed at Zuba, but said the soldiers were responding to an attack. According to international press reports and various human rights groups, on October 29, soldiers at a military checkpoint shot at an IMN procession at Karu, northeast of Abuja, as the group sought to continue their march into the capital. The New York Times and multiple rights groups reported that video evidence showed, and witness statements confirmed, that soldiers shot indiscriminately into the crowd of protestors, including in some cases while protestors attempted to flee. In a statement, the army said protestors attacked the soldiers. In total, the government said six IMN members were killed; AI said 45 were killed; and the IMN said 49 of its members were killed. According to a New York Times report, the soldiers involved were primarily from the Seventh Battalion of the Guards Brigade.

In areas that experienced societal violence, police and other security services permitted public meetings and demonstrations on a case-by-case basis.

Security services used excessive force to disperse demonstrators during the year (see section 1.a.).

FREEDOM OF ASSOCIATION

The constitution and law provide for the right to associate freely with other persons in political parties, trade unions, or other special interest organizations. While the government generally respected this right, on occasion authorities abrogated it for some groups. The government of Kaduna State continued its proscription of the IMN, alleging the group constituted a danger to public order and peace.

The Same Sex Marriage Prohibition Act (SSMPA), a law prohibiting marriages and civil unions among persons of the same sex, criminalizes the free association of any persons through so-called gay organizations. Citizens suspected of same-sex activities are frequently harassed, intimidated, and arrested. In August six men were arrested in Abia State on suspicion of engaging in same-sex activity. Later in the month, 57 men attending a party in Lagos were also arrested and detained by police on similar allegations. In both cases, the men were subsequently charged for lesser offences rather than under the SSMPA, but rights groups reported that the SSMPA had a significant chilling effect on free association.

North Macedonia

Section 2. Respect for Civil Liberties, Including:

b. Freedom of Peaceful Assembly and Association

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

Norway

Section 2. Respect for Civil Liberties, Including:

b. Freedom of Peaceful Assembly and Association

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

Oman

Section 2. Respect for Civil Liberties, Including:

b. Freedom of Peaceful Assembly and Association

The government restricted freedoms of peaceful assembly and association. Human rights organizations expressed concern that overly broad provisions in the 2018 penal code could further restrict the work of human rights activists and limit freedoms of peaceful assembly and association.

FREEDOM OF PEACEFUL ASSEMBLY

The law provides for limited freedom of assembly, but the government restricted this right. Under the 2018 penal code, gatherings of more than 10 persons in a public place are unlawful if they “endangered the public security or order” or “influenced the function of authorities.” A 2014 report from the UN special rapporteur on the right to freedom of peaceful assembly expressed concern with government attempts to limit assembly and association rights and stated individuals seeking reform were “afraid to speak their minds, afraid to speak on the telephone, afraid to meet.”

Private sector employees in the energy and industrial manufacturing sectors threatened strikes in isolated cases; however, company leadership used incentives like promises of job security and other material benefits to persuade organizers to call off strikes (see section 7.a.).

FREEDOM OF ASSOCIATION

The law provides for freedom of association for undefined “legitimate objectives and in a proper manner.” Examples of such associations include registered labor unions and social groups for foreign nationalities, such as the Indian Social Group.

The government limited freedom of association in practice by prohibiting associations whose activities it deemed “inimical to the social order” or otherwise inappropriate. A 2014 royal decree stipulates citizens joining groups deemed harmful to national interests could be subject to revocation of citizenship.

Associations must register with their corresponding ministries, which approve all associations’ bylaws and determine whether a group serves the interest of the country. The time required to register an association ranged from two months to two years. Approval time varied based on the level of preparedness of the applying organization, the subject matter of the organization, its leadership, and the organization’s mission. The law limits formal registration of nationality-based associations to one association for each nationality and restricts activities of such associations. The government sometimes denied permission for associations to form.

Under the 2018 penal code, associations are forbidden from conducting any kind of fundraising without government approval, including for charitable causes. Individuals convicted of accepting unlawful funding for an association may receive up to one year in jail and a fine of 2,000 rials ($5,200). Foreign diplomatic missions are required to request meetings with nongovernmental associations through the Ministry of Foreign Affairs by diplomatic note. Associations may not meet with foreign diplomatic missions and foreign organizations without prior approval from the Ministry of Foreign Affairs. The government enforced this law, and all foreign-funded educational and public diplomacy programs required prior government review.

Pakistan

Section 2. Respect for Civil Liberties, Including:

b. Freedom of Peaceful Assembly and Association

The constitution and laws provide for the freedoms of peaceful assembly and association, but these freedoms were subject to restrictions.

FREEDOM OF PEACEFUL ASSEMBLY

By law district authorities may prevent gatherings of more than four persons without police authorization. The law permits the government to ban all rallies and processions, except funeral processions, for security reasons.

Authorities generally prohibited Ahmadis, a religious minority, from holding conferences or gatherings. Ahmadis cited the closure by Sialkot authorities of an Ahmadiyya mosque on May 14 and mob attacks on two other mosques in Sialkot and Faisalabad as evidence of the ongoing severe conditions for the community.

During the year the Pashtun Tahafuz (Protection) Movement, or PTM, mobilized its predominantly ethnic Pashtun supporters to participate in sit-ins and demonstrations to demand justice and to protest abuses by government security forces. Thousands of individuals participated in peaceful protests across the country’s main population centers, including Karachi, Lahore, Peshawar, and Islamabad. Observers noted that authorities attempted to discourage protestors through arrests, intimidation, and harassment, but did not engage in any systematic acts of violence against PTM supporters.

Protests, strikes, and demonstrations, both peaceful and violent, took place throughout the country. The government generally prevented political and civil society groups of any affiliation from holding demonstrations in Islamabad’s red zone–a restricted area that includes a diplomatic enclave and federal government buildings–citing security restrictions that limit all public rallies and gatherings in the area.

FREEDOM OF ASSOCIATION

The constitution provides for freedom of association subject to certain restrictions imposed by law. The government maintained a series of policies that steadily eroded the freedom of international nongovernmental organizations (INGOs) to carry out their work and access the communities they serve. INGOs, UN organizations, and international missions must request government permission in the form of no-objection certificates before they can conduct most in-country travel, carry out certain project activities, or initiate new projects.

The government adopted a new online registration regime for INGOs in 2015, and in September introduced a more restrictive operating agreement that INGOs must follow. The registration process entails extensive document requirements, multiple levels of review, and constant investigations by security and other government offices. The government denied registration applications of dozens of INGOs in 2017 and 2018. After a lengthy appeals process, in October the Ministry of Interior issued final rejection notices to 18 INGOs, denying their registrations and ordering them to close operations within 60 days. The rejection notices did not specify the reasons for rejection.

The years of uncertainty about registration status negatively impacted even those INGOs that have not received final rejection notices. They faced additional barriers to fundraising, opening bank accounts, and obtaining tax-exempt status from the Federal Board of Revenue. No-objection certificates were hard to obtain in certain provinces without an approved registration, thus hindering implementation and monitoring of activities, even for INGOs that had initiated the new registration process. INGOs also faced an uptick in visa denials for international staff. The government asked country directors and international staff, during visa applications and separate surveys, whether they were Indian or Israeli nationals. The lack of transparency and unpredictability of the registration process caused some INGOs to withdraw their registration applications and terminate operations in the country.

The government at both the federal and provincial levels similarly restricted the access of foreign-funded local NGOs through a separate registration regime, no-objection certificates, and other requirements. Authorities required NGOs to obtain no-objection certificates before accepting foreign funding, booking facilities or using university spaces for events, or working on sensitive human rights issues. Even when local NGOs receiving foreign funding were appropriately registered, the government often denied their requests for no-objection certificates. Furthermore, domestic NGOs with all required certificates faced government monitoring and harassment.

Palau

Section 2. Respect for Civil Liberties, Including:

b. Freedom of Peaceful Assembly and Association

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

Panama

Section 2. Respect for Civil Liberties, Including:

b. Freedom of Peaceful Assembly and Association

The law provides for the freedoms of peaceful assembly and association, and the government generally respected these rights. The government provided permits for organized groups to conduct peaceful marches. Police at times used force to disperse demonstrators, especially when highways or streets were blocked. The law provides for six to 24 months’ imprisonment for anyone who, through use of violence, impedes the transit of vehicles on public roads or causes damage to public or private property.

Papua New Guinea

Section 2. Respect for Civil Liberties, Including:

b. Freedom of Peaceful Assembly and Association

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

FREEDOM OF PEACEFUL ASSEMBLY

Public demonstrations require police approval and 14 days’ advance notice. If public demonstrations occurred without official approval, police normally requested crowds to disperse. If that failed, and if violence or public disturbances ensued, police used tear gas and fired shots in the air to disperse crowds.

In April police shot and killed four demonstrators in Madang who were participating in a protest march. As of November no officers had been charged in the killings and police said a lack of cooperation from those at the scene hampered their investigation.

Paraguay

Section 2. Respect for Civil Liberties, Including:

b. Freedom of Peaceful Assembly and Association

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

Peru

Section 2. Respect for Civil Liberties, Including:

b. Freedom of Peaceful Assembly and Association

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

FREEDOM OF PEACEFUL ASSEMBLY

The law does not require a permit for public demonstrations, but organizers must report the type of demonstration planned and coordinate its intended location to the appropriate regional representative. The government continued to suspend freedom of assembly in the VRAEM emergency zone, where armed elements of the Shining Path and drug traffickers operated, as well as in regions suffering from crime and public health crises.

The government may restrict or prohibit demonstrations in specific times and places to assure public safety or health. Police used tear gas and occasional force to disperse protesters in various demonstrations. Although most demonstrations were peaceful, protests in some areas turned violent, resulting in two deaths and multiple injuries in February (see section 6, Other Societal Violence and Discrimination).

Philippines

Section 2. Respect for Civil Liberties, Including:

b. Freedom of Peaceful Assembly and Association

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

FREEDOM OF PEACEFUL ASSEMBLY

The constitution provides for the right to peaceful assembly, and police generally exhibited professionalism and restraint in dealing with demonstrators. Presidential spokesman Harry Roque stated in January that authorities would “observe maximum tolerance” and “respect the protesters’ right to peaceful assembly.” There was no reported progress in the PNP’s investigation of the forcible dispersal of farmers and protesters in Kidapawan City in 2016 that left two protesters dead and many others injured. A CHR investigation found that the PNP used unnecessary force to disperse the protest. No disciplinary action was taken, and no charges were filed as of August.

Poland

Section 2. Respect for Civil Liberties, Including:

b. Freedom of Peaceful Assembly and Association

The constitution provides for the freedoms of peaceful assembly and association, and the government generally respected these rights. The 2015 antiterrorism law permits restrictions on public assemblies in situations of elevated terrorist threats. During the year there were no cases of the prohibition of a public assembly due to an elevated terrorist threat.

In September the human rights defender published a report recommending the repeal of the 2017 amendments to the law on public assemblies that established special protections for “cyclical” or recurring assemblies. The defender asserted the amendments significantly limit the right of assembly by creating a hierarchy of assemblies entitled to greater and less protection. He also noted that, during 2016-2018, public institutions frequently violated the right to freedom of assembly by penalizing assembly participants.

On September 12, the Warsaw prosecutor’s office discontinued its investigation into an attack on counterdemonstrators during the November 2017 Independence March. Prosecutors asserted the attackers’ intention was to show dissatisfaction and not to physically harm the 14 counterdemonstrators they confronted. The prosecutors also explained that “the position of injuries indicate that violence was targeted at the less sensitive body parts,” concluding that the attackers’ intention was not to “endanger the victims.” On September 27, the Warsaw local court fined nine of the counterdemonstrators 200 zlotys ($50) each for blocking a legal demonstration.

On October 13, police used tear gas, water cannons, and clubs to disperse roughly 200 counterdemonstrators trying to disrupt the Lublin Equality Parade. According to witnesses, the counterdemonstrators threw tomatoes, rocks, bottles, and firecrackers at marchers and police. No marchers were injured, but eight police were treated for injuries, and 21 counterdemonstrators were detained.

Portugal

Section 2. Respect for Civil Liberties, Including:

b. Freedom of Peaceful Assembly and Association

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

Qatar

Section 2. Respect for Civil Liberties, Including:

b. Freedom of Peaceful Assembly and Association

FREEDOM OF PEACEFUL ASSEMBLY

The constitution provides for freedom of assembly, but this right is restricted by law, including the General Assembly and Demonstration Law and the Associations and Private Institutions Law. Noncitizens are exempt from the constitutional protections on freedom of assembly. Organizers of public meetings must meet a number of restrictions and conditions and obtain approval from the Ministry of Interior to acquire a permit.

FREEDOM OF ASSOCIATION

The constitution provides for the right to form groups, defined by the law as professional associations and private institutions, but the government significantly limited this right. Noncitizens are exempt from the constitutional protections on freedom of association. There were no reports of attempts to organize politically. There were no organized political parties, and authorities prohibited politically oriented associations. The government prohibits professional associations and private institutions from engaging in political matters or affiliating internationally. Civil society organizations must obtain approval from the Ministry of Administrative Development, Labor, and Social Affairs, which may deny their establishment if it deems them a threat to the public interest.

Informal organizations, such as community support groups and activity clubs, operated without registration, but they may not engage in activities deemed political.

Republic of the Congo

Section 2. Respect for Civil Liberties, Including:

b. Freedom of Peaceful Assembly and Association

The government restricted freedoms of peaceful assembly and association.

FREEDOM OF PEACEFUL ASSEMBLY

The constitution and law provide for freedom of peaceful assembly; however, the government often did not respect this right.

The government required all groups that wished to hold public assemblies to seek authorization from the Ministry of Interior and Decentralization and appropriate local officials. Both the ministry and local officials sometimes withheld authorization for meetings they claimed might threaten public order. They also created unnecessary obstacles to gaining authorization and called police to disperse meetings they claimed had not received proper authorization.

Local NGOs and political groups reported restrictions on freedom of assembly throughout the year. For example, in May security forces arrested 23 activists from the political youth activist movement Ras-le-Bol (“enough is enough”), including coordinator Frank Nzila, for “association with criminals and participation in an unauthorized demonstration” following their demonstration in Pointe-Noire on May 7 calling on the government to release political prisoners. In July the government released Ras-le-Bol’s members from custody. Ras-le-Bol’s members also reported numerous direct threats from police to stop their activities, and police harassment targeting their families and friends to ascertain their whereabouts.

FREEDOM OF ASSOCIATION

The constitution and law provide for freedom of association, and the government sometimes respected this right. Political, social, or economic groups or associations were required to register with the Ministry of Interior and Decentralization. Authorities sometimes subjected registration to political influence. According to a local NGO, groups that spoke openly against the government encountered overt or veiled threats and found the registration process more time consuming.

Romania

Section 2. Respect for Civil Liberties, Including:

b. Freedom of Peaceful Assembly and Association

The constitution and law provide for the freedom of association, but the government occasionally restricted freedom of peaceful assembly.

FREEDOM OF PEACEFUL ASSEMBLY

The constitution provides for freedom of peaceful assembly, and the government partially respected it. The law provides that unarmed citizens may assemble peacefully but also stipulates that meetings must not interfere with other economic or social activities and may not take place near such locations as hospitals, airports, or military installations. In most cases organizers of public assemblies must request permits in writing three days in advance from the mayor’s office of the locality where the gathering is to occur.

On October 15, the Supreme Court ruled that public gatherings, including protests, must be declared in advance when they are to be held in markets, public spaces, or in the vicinity of institutions “of public or private interest.” The decision was mandatory. Activists opposed these restrictions, stating that by announcing the protests, those who take to the streets will be forced to take responsibility not only for themselves, but also for larger groups or for instigators to violence who may be brought there to compromise peaceful anticorruption protests. Civic organizations also warned that in Bucharest, authorities granted public spaces for longer periods to NGOs with no activity only as a pretext to refuse permits to protest to legitimate organizations.

On August 10, a major protest at Victoria Square in Bucharest attracted approximately 100,000 protesters. According to the Ministry of Interior, several hundred persons allegedly attempted to get close to the cabinet office building and threw objects at gendarmes. Media and civic groups reported that the number of violent protesters was much lower, amounting to several dozens of persons. Gendarmes used tear gas and water cannon in an indiscriminate manner, harming peaceful protesters, some of whom were children or elderly. Many bystanders were also injured. NGOs, observers, and journalists noted that gendarmes launched tear gas canisters in adjacent areas of the square against persons who did not pose a threat. Because of the large crowd, protesters did not have the opportunity to disperse when gendarmes began using tear gas grenades. Gendarmes also used violence against protesters who left the protest and were on adjacent streets. Numerous broadcast television reports showed members of the gendarmerie punching, kicking, and hitting peaceful protesters with their batons. Several protesters suffered injuries caused by shrapnel from exploding tear-gas canisters.

According to the Interior Ministry, 452 individuals needed medical care during the protest, of which 33 were gendarmes; 70 persons were taken to the hospital, including 14 gendarmes. Hundreds of protesters reported side effects from irritant agents after the protest. Four Israeli tourists and a driver who happened to be in the area were dragged out of a taxi and beaten by gendarmes. Numerous reports showed that several gendarmes had the identification numbers on their helmets covered with duct tape. Dozens of civic and human rights NGOs condemned the intervention of the gendarmerie, which they viewed as a highly disproportionate response to the actions of most protesters.

FREEDOM OF ASSOCIATION

The constitution provides for freedom of association, and the government generally respected this right. The law prohibits fascist, racist, or xenophobic ideologies, organizations, and symbols.

In August the government adopted an ordinance that authorizes the Ministry of Public Finances to check whether NGOs use the funds redirected by citizens from their income tax according to the organizations’ primary goals. The ADHR-HC asserted that this measure would allow the government to harass NGOs.

Russia

Section 2. Respect for Civil Liberties, Including:

b. Freedom of Peaceful Assembly and Association

The government restricted freedoms of peaceful assembly and association.

FREEDOM OF PEACEFUL ASSEMBLY

The law provides for freedom of assembly, but local authorities restricted this right. The law requires organizers of public meetings, demonstrations, or marches by more than one person to notify the government, although authorities maintained that protest organizers must receive government permission, not just provide notification. Failure to obtain official permission to hold a protest resulted in the demonstration being viewed as unlawful by law enforcement officials, who routinely dispersed such protests. While numerous public demonstrations took place, on many occasions local officials selectively denied groups permission to assemble or offered alternate venues that were inconveniently or remotely located.

Although they do not require official approval, authorities restricted single-person pickets, and required that there be at least 164 feet separating protesters from each other. In 2017 the Constitutional Court decreed that police officers may stop a single-person picket to protect the health and safety of the picketer.

The law requires that “motor rallies” and “tent city” gatherings in public places receive official permission. It requires gatherings that would interfere with pedestrian or vehicle traffic to receive official agreement 10 days prior to the event; those that do not affect traffic require three days’ notice. The law prohibits “mass rioting,” which includes teaching and learning about the organization of and participation in “mass riots.” The law allows authorities to prohibit nighttime demonstrations and meetings and levy fines for violating protest regulations and rules on holding public events.

The law provides heavy penalties for engaging in unsanctioned protests and other violations of public assembly laws–up to 300,000 rubles ($4,500) for individuals, 600,000 rubles ($9,000) for organizers, and one million rubles ($17,140) for groups or companies. Protesters with multiple violations within six months may be fined up to one million rubles ($15,000) or imprisoned for up to five years.

On May 10, President Putin signed a decree limiting freedom of assembly in cities hosting the 2018 International Federation of Football Associations (FIFA) World Cup in conjunction with enhanced security, although protests in cities that did not host the tournament were allowed to take place.

Arrests for organizing or taking part in unsanctioned protests were common. For instance, on August 25, police arrested opposition leader Navalny for allegedly organizing an unsanctioned “voters’ strike” rally on January 28. His arrest came shortly before planned rallies in opposition to pension reform scheduled nationwide on September 9. Immediately following his release on September 24, police from a different precinct rearrested Navalny for 20 more days for allegedly organizing the unsanctioned September 9 demonstration, which purportedly caused “bodily harm to a government official.”

There was a reported increase in authorities charging individuals with “inciting mass riots” based upon their social media activities. For example, following the May 5 antigovernment protests, 28 organizers and activists with opposition leader Navalny’s Anticorruption Foundation were detained and charged with inciting mass riots based on their tweets or retweets. While some were fined and released, others were sentenced to 30-day prison terms.

Activists were at times subject to threats and physical violence in connection with organizing or taking part in public events or protests. On May 5, police stood by as unknown persons in Cossack uniforms beat participants in peaceful opposition rallies in Moscow and other cities. More than 1,300 persons were arrested during these protests, 572 in Moscow alone.

Police often broke up demonstrations that were not officially sanctioned, at times using disproportionate force. For example, on September 9, police throughout the country detained 1,195 persons who were demonstrating against pension reform. Media reports of the Moscow protest described unprovoked and disproportionate police beatings of protesters with rubber batons.

Authorities regularly arrested single-person picketers. For example, on June 14 authorities arrested UK-based activist Peter Tatchell in Moscow for staging a single-person picket against restrictions on LGBTI persons in the country, citing a breach of antiprotest rules put in place for the World Cup. Tatchell was released the same day and departed the country before appearing in court.

Authorities continued to deprive LGBTI persons and their supporters of free assembly rights. Despite a Supreme Court ruling that LGBTI persons should be allowed to engage in public activities, the law prohibiting “propaganda” of homosexuality to minors (see section 6, Acts of Violence, Discrimination, and Other Abuses Based on Sexual Orientation and Gender Identity) provides grounds to deny LGBTI activists and supporters the right of assembly and was often used to interrupt public demonstrations by LGBTI activists. On November 27, the ECHR ruled that the country’s blanket refusal to grant permission to hold public assemblies related to LGBTI issues could not be justified by public safety concerns and constituted a violation of the right to freedom of assembly.

On April 8, police detained approximately 30 gay rights activists who took part in an unsanctioned rally in St. Petersburg. City authorities had turned down their request to hold a parade, so each participant demonstrated alone, in a bid to avoid the protest being called a gathering, which did not prevent their arrest.

Moscow authorities refused to allow an LGBTI pride parade for the 13th consecutive year, notwithstanding a 2010 ECHR ruling that the denial violated the rights to freedom of assembly and freedom from discrimination.

FREEDOM OF ASSOCIATION

The constitution provides for freedom of association. During the year, however, the government instituted new measures and expanded existing restrictive laws to stigmatize, harass, fine, close, and otherwise raise barriers to membership in organizations that were critical of the government.

Public organizations must register their bylaws and the names of their leaders with the Ministry of Justice. The finances of registered organizations are subject to investigation by tax authorities, and foreign grants must be registered.

The government continued to use a law, which requires NGOs that receive foreign funding and engage in “political activity” to register as “foreign agents,” to harass, to stigmatize, and in some cases to halt their operation, although fewer organizations were registered than in previous years. As of October the Ministry of Justice had added five NGOs to the “foreign agents” registry during the year, and its registry of organizations designated as “foreign agents” included 73 NGOs.

For the purposes of implementing the foreign agents law, the government considered “political activities” to include organizing public events, rallies, demonstrations, marches, and pickets; organizing and conducting public debates, discussions or presentations; ‎participating in election activities aimed at influencing the result, including election observation and forming commissions; public calls to influence local and state government bodies, including calling for changes to legislation; disseminating opinions and decisions of state bodies by technology; and attempting to shape public political views, including public opinion polls or other sociological research.

To be delisted, an NGO must submit an application to the Ministry of Justice proving that it did not receive any foreign funding or engage in any political activity within the previous 12 months. If the NGO received any foreign funding, it must have returned the money within three months. The ministry would then initiate an unscheduled inspection of the NGO to determine whether it qualified for removal from the list.

The law on “foreign agents” requires that NGOs identify themselves as “foreign agents” in all their public materials. Authorities fined NGOs for failing to disclose their “foreign agent” status on websites or printed materials. For example, on August 13, a court in the Mari-El Republic fined the human rights group Man and Law 300,000 rubles ($4,500) for failing to mark its Facebook page as belonging to a “foreign agent.” According to the NGO, the page had previously been marked but the marking disappeared when Facebook had updated its user interface.

The government placed additional restrictions on NGOs designated as “foreign agents.” On October 11, President Putin signed a law prohibiting “foreign agent” NGOs and foreign NGOs from receiving an accreditation from the Ministry of Justice that would allow them to submit anticorruption analysis of legislation. NGOs designated “foreign agents” were already prohibited from participating in election observation.

Organizations the government listed as “foreign agents” reported experiencing the social effects of stigmatization, such as being targeted by vandals and online criticism, in addition to losing partners and funding sources and being subjected to smear campaigns in the state-controlled press.

The law requires the Ministry of Justice to maintain a list of “undesirable foreign organizations.” The list expanded during the year as the Ministry of Justice added the European Platform for Democratic Elections, the International Elections Study Center, the German Marshall Fund, and Pacific Environment. As of October the total number of “undesirable foreign organizations” was 15. According to the law, a foreign organization may be found “undesirable” if that group is deemed “dangerous to the foundations of the constitutional order of the Russian Federation, its national security, and defense.” Authorities have not clarified what specific threats the “undesirable” NGOs posed to the country. Any foreign organization deemed “undesirable” must cease its activities, any money or assets found by authorities may be seized, and any citizens found to be continuing to work with the organization in contravention of the law may face up to seven years in prison.

NGOs engaged in political activities or activities that purportedly “pose a threat to the country” or that receive support from U.S. citizens or organizations are subject to suspension under the “Dima Yakovlev” law, which also prohibits NGOs from having members with dual Russian-U.S. citizenship.

Authorities continued to misuse the country’s expansive definition of extremism as a tool to stifle freedom of association. In 2017 the Supreme Court criminalized the activity of members of Jehovah’s Witnesses. The decision prohibited all activity of Jehovah’s Witnesses’ legal entities throughout the country, effectively banning their worship. The parent organization of the Jehovah’s Witnesses in the country and 395 regional branches were formally placed on the Justice Ministry’s list of “extremist” groups, a procedural move following the Supreme Court’s decision. As of October more than 50 Jehovah’s Witnesses were facing criminal charges for taking part in the activities of a banned extremist organization (see the Department of State’s International Religious Freedom Report at www.state.gov/religiousfreedomreport/).

There were reports civil society activists were beaten or attacked in retaliation for their professional activities and that in most cases law enforcement officials did not adequately investigate the incidents. As of September the legal NGO Agora had identified more than 80 such attacks during the year. For example, there were multiple reports of physical attacks on the Memorial and its activists in the North Caucasus during the year, which human rights organizations believed to be a coordinated campaign of pressure aimed at silencing Memorial and halting its human rights work. On January 17, two masked men set fire to the Memorial office in Nazran, Ingushetia. On January 23, unknown perpetrators set fire to one of Memorial’s cars in Makhachkala, Dagestan. On March 29, Sirazhutdin Datsiyev, the head of Memorial’s office in the Republic of Dagestan, was hospitalized with a head injury after an attack by unknown assailants.

In multiple cases authorities arbitrarily arrested and prosecuted civil society activists in political retaliation for their work (see section 1.e.).

There were reports authorities targeted NGOs and activists representing the LGBTI community for retaliation (see section 6, Acts of Violence, Discrimination, and Other Abuses Based on Sexual Orientation and Gender Identity).

Rwanda

Section 2. Respect for Civil Liberties, Including:

b. Freedom of Peaceful Assembly and Association

The constitution, law, or both provide for the freedoms of peaceful assembly and association, but the government limited these rights.

FREEDOM OF PEACEFUL ASSEMBLY

The constitution and law provide for freedom of peaceful assembly, but the government did not always respect this right. The updated penal code states it is illegal to demonstrate in a public place without prior authorization. Violation of this provision is punishable by a prison sentence of eight days to six months or a fine of 500,000 to one million Rwandan francs ($575 to $1,150) or both. For illegal demonstrations deemed to have threatened security, public order, or health, the penalties are increased. Even with prior written authorization, public meetings were subject to disruption or arbitrary closure.

FREEDOM OF ASSOCIATION

While the constitution provides for freedom of association, the government limited the right. The law requires private organizations to register. Although the government generally granted licenses, it impeded the formation of political parties, restricted political party activities, and delayed or denied registration to local and international NGOs seeking to work on human rights, media freedom, or political advocacy (see section 3). In addition the government imposed burdensome NGO registration and renewal requirements, especially on international NGOs, as well as time-consuming requirements for annual financial and activity reports (see section 5). On September 10, the government enacted legislation imposing additional registration requirements on faith-based organizations (FBOs). The law requires FBOs to obtain legal status from the government before beginning operations. It also calls for legal representatives of FBOs and preachers with supervisory responsibilities to hold academic degrees.

Saint Kitts and Nevis

Section 2. Respect for Civil Liberties, Including:

b. Freedom of Peaceful Assembly and Association

The constitution provides for freedom of peaceful assembly and association, and the government generally respected these rights. Opposition parties and media, however, reported incidents in which the exercise of these rights was restricted. For example, in February the government banned the opposition St. Kitts and Nevis Labour Party from using public facilities.

Saint Lucia

Section 2. Respect for Civil Liberties, Including:

b. Freedom of Peaceful Assembly and Association

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

Saint Vincent and the Grenadines

Section 2. Respect for Civil Liberties, Including:

b. Freedom of Peaceful Assembly and Association

The law provides for the freedoms of peaceful assembly and association, and the government generally respected these rights. Various civil society organizations, however, reported citizens were hesitant to participate in antigovernment protests due to fear of retaliation.

Samoa

Section 2. Respect for Civil Liberties, Including:

b. Freedom of Peaceful Assembly and Association

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

San Marino

Section 2. Respect for Civil Liberties, Including:

b. Freedom of Peaceful Assembly and Association

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

Sao Tome and Principe

Section 2. Respect for Civil Liberties, Including:

b. Freedom of Peaceful Assembly and Association

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

FREEDOM OF PEACEFUL ASSEMBLY

The law provides for this right, and the government generally respected it. On October 11, presumably to maintain order, police restricted freedom of peaceful assembly, forbidding public gatherings until after the announcement of election results on October 19. The restriction was prompted by a protest on October 8, when a crowd of several hundred overturned an official’s car and burned it. Several groups objected to the restriction but respected the ban.

Saudi Arabia

Section 2. Respect for Civil Liberties, Including:

b. Freedom of Peaceful Assembly and Association

The law does not provide for freedom of assembly and association, which the government severely limited.

FREEDOM OF PEACEFUL ASSEMBLY

The law requires a government permit for an organized public assembly of any type. The government categorically forbids participation in political protests or unauthorized public assemblies, and security forces reportedly arrested demonstrators and detained them for brief periods. Security forces at times allowed a small number of unauthorized demonstrations throughout the country.

On March 27, security forces arrested 32 citizens and referred them to the public prosecutor for illegally gathering in front of Taif governorate headquarters to protest the removal of unlicensed housing structures built on government land, according to the Ministry of Interior.

CPVPV and other security officers also restricted mixed gender gatherings of unrelated men and women in public and private spaces (see section 1.f.).

FREEDOM OF ASSOCIATION

The law provided for limited freedom of association, however, the government strictly limited this right. In 2016 a law came into effect known as the Law on Associations and Foundations (Civil Society Organizations Law), which for the first time provided a comprehensive legal framework to govern the establishment, operation, and supervision of associations and foundations. The government, however, prohibited the establishment of political parties or any group it considered as opposing or challenging the regime. All associations must be licensed by the Ministry of Labor and Social Development and comply with its regulations. Some groups that advocated changing elements of the social or political order reported their licensing requests went unanswered for years, despite repeated inquiries. The ministry reportedly used arbitrary means, such as requiring unreasonable types and quantities of information, to delay and effectively deny licenses to associations.

On January 25, the SCC sentenced Mohammad al-Otaiby and Abdullah al-Attawi, founding members of the Union for Human Rights (known in Arabic as “al-Ittihad”) to 14 and seven years in prison, respectively, for “participating in setting up an organization and announcing it before getting an authorization,” “spreading chaos, inciting public opinion and publishing statements harmful to the kingdom and its institutions,” and “publishing information about their interrogations despite signing pledges to refrain from doing so,” according to media and NGO reporting.

In 2013 and 2014, the few local NGOs that had operated without a license ceased operating after authorities ordered them disbanded. While ACPRA maintained a presence on social media networks such as Twitter, the government severely curtailed its operations and closed down its website. On February 28, the SCC sentenced lawyer and ACPRA member Issa al-Nukheifi to six years in prison (three years under the anti-cybercrimes law and three years under ta’zir, or “discretionary” sentencing), followed by a six-year ban on social media and travel outside of the country, based on charges of “infringing on the public order and religious values,” “communicating with members of ACPRA,” “opposing Saudi Arabia’s intervention in Yemen,” and related charges. Al-Nukheifi was detained in 2016 and charged in August 2017 under provisions of both the 2014 Counterterrorism Law and the 2008 Anti-Cybercrimes Law.

Government-chartered associations limited membership only to citizens.

Senegal

Section 2. Respect for Civil Liberties, Including:

b. Freedom of Peaceful Assembly and Association

The government sometimes restricted freedom of peaceful assembly but generally respected freedom of association.

FREEDOM OF PEACEFUL ASSEMBLY

The constitution and law provide for the freedom of assembly, but the government sometimes restricted this right. Some groups complained of undue delays in response to authorization requests for public demonstrations. Other groups were denied such authorization.

In April the government denied a permit to opposition activists to protest the National Assembly’s vote on a law changing the eligibility requirements for presidential candidates and used force to disperse opposition supporters trying to hold the protest despite the ban. The government also detained several opposition leaders for several hours before releasing them without pressing charges.

Serbia

Section 2. Respect for Civil Liberties, Including:

b. Freedom of Peaceful Assembly and Association

The law provides for the freedoms of peaceful assembly and association, but the government limited these rights in some cases.

FREEDOM OF PEACEFUL ASSEMBLY

The constitution provides for the freedom of assembly, and the government generally respected the right. The law obliges protesters to apply to the police for a permit, providing the exact date, time, and estimated number of demonstrators. Police generally issued a permit if a protest was not likely to disturb the public or public transportation; otherwise, police consulted with city authorities before issuing a permit. Higher-level government authorities decided whether to issue permits for gatherings assessed as posing high security risks.

EC staff noted in the Serbia 2018 Report working document that the country lacked secondary legislation to implement fully the law on freedom of assembly. Commission staff also noted numerous reports of excessive use of force by law enforcement and a lack of prosecution of violent counterprotestors.

FREEDOM OF ASSOCIATION

The constitution provides for the freedom of association, and the government generally respected this right.

All companies continued to pay mandatory annual membership to the Serbian Chamber of Commerce. In March 2017 the Association for Protection of Constitutionality and Legality filed a complaint with the Constitutional Court, asserting that mandatory membership was against the constitution. The Constitutional Court has not issued a ruling on this case.

Seychelles

Section 2. Respect for Civil Liberties, Including:

b. Freedom of Peaceful Assembly and Association

FREEDOM OF PEACEFUL ASSEMBLY

The constitution and law provide for freedom of assembly, and the government generally respected this right. There were several public demonstrations and marches during the year.

The Public Assembly Act published in 2015 requires organizers of gatherings of 10 or more persons to inform the police commissioner five working days prior to the date proposed for the planned gathering. For example, a public protest against the building of a military facility on Assomption Island to coincide with National Day celebrations on June 29 was called off due to lack of the required notification time. Several other protests against the proposed facility, however, were allowed to continue. The police commissioner may impose conditions or deny the right to assemble on security, morality, and public safety grounds. Authorities did not restrict the holding of lawful public opposition gatherings.

Sierra Leone

Section 2. Respect for Civil Liberties, Including:

b. Freedom of Peaceful Assembly and Association

The constitution and law provide for the freedoms of assembly and association, and the government generally respected the right of freedom of association.

FREEDOM OF PEACEFUL ASSEMBLY

Upon assuming office on April 4, President Maada Bio introduced an Executive Order lifting the ban on public assembly, including Sunday trading, imposed by his predecessor.

As of August, nine persons who were arrested and detained in 2015 for demonstrating in front of a foreign embassy still awaited a trial date. They remained on bail and were directed to report monthly to the SLP Criminal and Investigations Division.

Singapore

Section 2. Respect for Civil Liberties, Including:

b. Freedom of Peaceful Assembly and Association

FREEDOM OF PEACEFUL ASSEMBLY

Although the constitution provides citizens the right to peaceful assembly, parliament imposed restrictions in the interest of security, public order, or morality. Public assemblies, including political meetings and rallies, require police permission. By law a public assembly may include events staged by a single person. Citizens do not need permits for indoor speaking events, unless they touch on “sensitive topics” such as race or religion, or for qualifying events held at Speakers’ Corner. Per 2017 amendments to the Public Order Act, the Commissioner of Police may decline to authorize any public assembly or procession that could be directed towards a political end and be organized by, or involve the participation of, a foreign entity or citizen. The amendment followed a 2016 LGBTI “Freedom to Love” rally, after which the Ministry of Home Affairs issued a press statement stating “foreign entities should not interfere in our domestic issues, especially political issues or controversial social issues with political overtones.”

Police may also order a person to “move on” from a certain area and not return to the designated spot for 24 hours.

In April police denied a request by activist Terry Xu to stage a one-person, silent sit-in protest without signage for one hour. Police stated the late-night protest, which would have been held in the central business district during the weekend, carried “a risk of causing public disorder, as well as damage to property.”

In October artist Seelan Palay was convicted of breaching the Public Order Act for taking part in a public procession without a permit in October 2017. He was fined 2,500 SGD ($1,820) but served two weeks in jail in lieu of the fine. Seelan had obtained a permit to stage a performance art piece as a protest in Hong Lim Park, but he later continued his solo protest by walking from the park to parliament buildings, holding a mirror. Prosecutors alleged Seelan did not specify in his permit request that he intended to move from the park to outside parliament.

Some civil society groups and members of parliament expressed concern that the Public Order and Safety (Special Powers) Act (see section 2.a.) conflates peaceful protests and terrorist violence. The law’s illustrations of “large-scale public disorder” include a peaceful sit-down demonstration that attracts a large group of sympathizers and which after a week starts to impede the flow of traffic and interfere with local business activities.

The government closely monitored political gatherings regardless of the number of persons present.

Spontaneous public gatherings or demonstrations were virtually unknown.

FREEDOM OF ASSOCIATION

Most associations, societies, clubs, religious groups, and other organizations with more than 10 members are required to register with the government under the Societies Act. The government could deny registration to groups it believed were formed for unlawful purposes or for purposes prejudicial to public peace, welfare, or public order. The majority of applications in recent years were approved. The government has absolute discretion in applying criteria to register or dissolve societies.

The government prohibits organized political activities except by groups registered as political parties or political associations. These may not receive foreign donations but may receive funds from citizens and locally controlled entities. The ruling PAP was able to use nonpolitical organizations, such as residential committees and neighborhood groups, for political purposes far more extensively than could opposition parties. Due to laws regulating the formation of publicly active organizations, there were few nongovernmental organizations (NGOs) apart from nonpolitical organizations, such as religious or environmental groups.

In April the Accounting and Corporate Regulatory Authority (ACRA) declined to register OSEA Pte. Ltd., a local branch of a UK-based company that provides training and other support to journalists, as well as editorial services to a website called New Naratif. New Naratif’s director PJ Thum and editor-in-chief Kirsten Han organize “democracy workshops” and are considered critical of the government. New Naratif also has subscribers not based in the country. ACRA explained that registration of OSEA would be contrary to national interests, as OSEA’s purposes were “clearly political in nature” and its parent company had received a 75,000 SGD ($54,700) grant from a foreign charitable foundation. In September Minister of Finance Heng Swee Keat rejected an appeal against ACRA’s decision.

Slovakia

Section 2. Respect for Civil Liberties, Including:

b. Freedom of Peaceful Assembly and Association

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

Slovenia

Section 2. Respect for Civil Liberties, Including:

b. Freedom of Peaceful Assembly and Association

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

Solomon Islands

Section 2. Respect for Civil Liberties, Including:

b. Freedom of Peaceful Assembly and Association

The constitution provides for the freedoms of peaceful assembly and association, and the government generally respected these rights. Demonstrators must obtain permits, which the government generally granted.

Somalia

Section 2. Respect for Civil Liberties, Including:

b. Freedom of Peaceful Assembly and Association

FREEDOM OF PEACEFUL ASSEMBLY

The federal provisional constitution provides for freedom of peaceful assembly, but the government limited this right. A general lack of security effectively limited this right as well. The federal Ministry of Internal Security continued to require its approval for all public gatherings, citing security concerns, such as the risk of attack by al-Shabaab suicide bombers.

In May Somaliland authorities in the Sool region arrested 57 demonstrators for staging a protest in support of Somali unity, including some in support of Puntland. All the demonstrators were later released.

Al-Shabaab did not allow any gatherings without its prior consent.

FREEDOM OF ASSOCIATION

The provisional federal constitution provides for freedom of association, but government officials harassed NGO workers. There were also reports that regional authorities restricted freedom of association. Al-Shabaab did not allow most international NGOs to operate.

Persons in the southern and central regions outside of al-Shabaab-controlled areas could freely join civil society organizations focusing on a wide range of problems. Citizens generally respected civil society organizations for their ability to deliver social services in the absence of functioning government ministries.

Regional administrations took steps to control or gain benefit from humanitarian organizations, including by imposing duplicative registration requirements at different levels of government; attempting to control humanitarian organization contracting, procurement, and staffing; and using opaque and vague taxation.

South Africa

Section 2. Respect for Civil Liberties, Including:

b. Freedom of Peaceful Assembly and Association

FREEDOM OF PEACEFUL ASSEMBLY

The constitution and law provide for freedom of assembly, and the government generally respected this right. According to SAPS, from April 2017 through March there were 11,058 peaceful protests and an additional 3,583 demonstrations that turned violent. Protest action was most common in Gauteng, North West, Western Cape, and KwaZulu-Natal Provinces.

FREEDOM OF ASSOCIATION

The constitution provides for the right of association, and the government generally respected this right.

South Sudan

Section 2. Respect for Civil Liberties, Including:

b. Freedom of Peaceful Assembly and Association

The government generally respected freedom of peaceful assembly but restricted freedom of association.

FREEDOM OF PEACEFUL ASSEMBLY

The transitional constitution provides for freedom of peaceful assembly, and the government generally respected this right, but many citizens did not gather due to fear of targeted violence. Security officials lacked nonviolent crowd control capabilities and at times fired live ammunition into the air to disperse crowds.

In February security officials disrupted and dispersed a meeting of the South Sudan Civil Society Forum, which had met to discuss the peace process.

FREEDOM OF ASSOCIATION

The transitional constitution provides for freedom of association, but the government did not respect this right for those suspected of associating with or having sympathies for opposition figures (see section 1.g.). Some civil society leaders interpreted the 2012 Political Parties Act as an attempt to suppress opposition to the SPLM (see section 3).

A law passed in 2016 strictly regulating the activity and operations of civil society was widely enforced throughout the year. The law focused particularly on NGOs working in the governance, anticorruption, and human rights fields, and it imposed a range of legal barriers including limitations on the types of activities in whichorganizations can engage, onerous registration requirements, and heavy fines for noncompliance. Human rights groups and civil society representatives reported NSS officials continued surveillance and threats against civil society organizations.

Spain

Section 2. Respect for Civil Liberties, Including:

b. Freedom of Peaceful Assembly and Association

The law provides for the freedom of peaceful assembly, and the government generally respected this right. The law provides for fines of up to 600 euros ($690) for failing to notify authorities about peaceful demonstrations in public areas, up to 30,000 euros ($34,500) for protests resulting in “serious disturbances of public safety” near parliament and regional government buildings, and up to 600,000 euros ($690,000) for unauthorized protests near key infrastructure. By law any protestors who refuse to disperse upon police request may be fined.

FREEDOM OF ASSOCIATION

The constitution and law provide for the freedom of association, and the government generally respected it.

Sri Lanka

Section 2. Respect for Civil Liberties, Including:

b. Freedom of Peaceful Assembly and Association

The law provides for the freedoms of peaceful assembly and association, but the government restricted these rights in a limited number of cases.

FREEDOM OF PEACEFUL ASSEMBLY

The law provides for freedom of peaceful assembly, and the government generally respected this right. The constitution stipulates that the freedom of assembly may be restricted in the interest of religious harmony, national security, public order, or the protection of public health or morality. It also may be restricted in the interest of securing due recognition and respect for the rights and freedoms of others, or in the interest of meeting the just requirements of the general welfare of a democratic society. Under Police Ordinance Article 77(1), protesters must seek permission from the local police before holding a protest.

FREEDOM OF ASSOCIATION

The law provides for freedom of association but limits the right, for example, by criminalizing association with or membership in banned organizations. Christian groups and churches reported some authorities classified worship activities as “unauthorized gatherings” and pressured them to end these activities. According to the groups, authorities sometimes justified their actions stating the groups were not registered with the government, although no law or regulation specifically requires such registration.

Sudan

Section 2. Respect for Civil Liberties, Including:

b. Freedom of Peaceful Assembly and Association

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

FREEDOM OF PEACEFUL ASSEMBLY

Although the Interim National Constitution and law provide for freedom of peaceful assembly, the government severely restricted this right. The criminal code makes gatherings of more than five persons without a permit illegal. Organizers must notify the government 36 hours prior to assemblies and rallies.

On March 9, a Public Order Court convicted 12 youths of gross indecency, committing an indecent or immoral act, and alcohol and drug consumption. The individuals were arrested at Burri Beach in Khartoum and accused of belonging to a sunworshipping cult, after they had brought mattresses to sleep on the beach with the intention, reportedly, of waking early to watch the sunrise and then slaughter a sheep.

The government continued to deny permission to Islamic orders associated with opposition political parties, particularly the Ansar (Umma Party) and the Khatmiya (Democratic Unionist Party), to hold large gatherings in public spaces, but parties regularly held opposition rallies on private property. Government security agents occasionally attended opposition meetings, disrupted opposition rallies, or summoned participants to security headquarters for questioning after meetings. Opposition political parties claim they were almost never granted official permits to hold meetings, rallys, or peaceful demonstrations. Security forces used tear gas and other heavy-handed tactics against largely peaceful protests at universities or involving university students. NISS and police forces regularly arrested Darfuri students at various universities for publicly addressing civilians).

FREEDOM OF ASSOCIATION

The Interim National Constitution and law provide for freedom of association, but the government severely restricted this right. The law prohibits political parties linked to armed opposition groups. The government closed civil society organizations or refused to register them on several occasions.

Government and security forces continued arbitrarily to enforce legal provisionsthat strictly regulate an organization’s ability to receive foreign financing and register public activities. The government maintained its policy of “Sudanization” of international NGOs. Many organizations reported they faced administrative difficulties if they refused to have progovernment groups implement their programs at the state level.

Suriname

Section 2. Respect for Civil Liberties, Including:

b. Freedom of Peaceful Assembly and Association

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

FREEDOM OF PEACEFUL ASSEMBLY

In contrast with 2017, there were no violations of the freedom to peaceful assembly during the year.

Sweden

Section 2. Respect for Civil Liberties, Including:

b. Freedom of Peaceful Assembly and Association

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

Switzerland

Section 2. Respect for Civil Liberties, Including:

b. Freedom of Peaceful Assembly and Association

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

Syria

Section 2. Respect for Civil Liberties, Including:

b. Freedom of Peaceful Assembly and Association

The government limited freedoms of peaceful assembly and association.

FREEDOM OF PEACEFUL ASSEMBLY

The constitution provides for the freedom of peaceful assembly, but the law grants the government broad powers to restrict this freedom.

The Ministry of Interior requires permission for demonstrations or any public gathering of more than three persons. As a rule, the ministry authorized only demonstrations by the government, affiliated groups, or the Baath Party, orchestrating them on numerous occasions.

According to allegations by Kurdish activists and press reporting, the PYD and the YPG sometimes suppressed freedom of assembly in areas under their control. During the year, however, hundreds of Christians and Assyrians peacefully protested against PYD policy to close private religious schools that teach the Syrian regime’s curriculum. Kurdish security forces fired weapons into the air but reportedly did not otherwise engage the protesters. Similar protests in Hasaka against forcible recruitment also appear to have occurred without serious incident.

During the year multiple media outlets reported that HTS loosened restrictions on civil society activity, including protests, due to popular pressure for engagement to oppose an expected assault by government and progovernment forces on the Idlib Governorate. This approach was manifested in September, when substantial numbers protested against President Assad and the government in opposition- and HTS-held areas of Idlib and Hama.

The COI reported that residents who previously resided in ISIS-controlled Raqqa noted severe restrictions on assembly while under ISIS rule, but ISIS territories contracted considerably during the year.

FREEDOM OF ASSOCIATION

The constitution provides for the freedom of association, but the law grants the government latitude to restrict this freedom. The government required prior registration and approval for private associations and restricted the activities of associations and their members. The executive boards of professional associations were not independent of the government.

The government often denied requests for registration or failed to act on them, reportedly on political grounds. None of the local human rights organizations operated with a license but many functioned under organizations that had requisite government registration. The government continued to block the multiyear effort by journalists to register a countrywide media association. Despite government efforts, journalists in exile founded the Syrian Journalist Association as an independent democratic professional association in 2012 to empower the role of freedom of the press and expression in Syria.

The government selectively enforced the 2011 decree allowing the establishment of independent political parties, permitting only progovernment groups to form official parties (see section 3). According to local human rights groups, opposition activists declined to organize parties, fearing the government would use party lists to target opposition members.

Under laws that criminalize membership and activity in illegal organizations as determined by the government, security forces detained hundreds of persons linked to local human rights groups and prodemocracy student groups. The thousands of death notices released by the government during the year shed light on this practice. For example, the Atlantic described the fates of many of the young protest organizers, civil society leaders, and local coordination committee members forcibly disappeared by the government in 2011. These included Yahya and Ma’an Shurbaji; both had been missing since 2011 and were now listed as having died in government detention in 2013. The government also searched these individuals’ personal and social media contacts for further potential targets.

HTS restricted the activities of organizations it deemed incompatible with its interpretation of Islam. For example, in its March report, the COI describes how in 2015 the HTS predecessor Jabhat al-Nusra group burned a women’s organization in Idlib, stole the organizer’s car, and detained the organizer for a short period. In 2017 the March COI report noted that HTS prevented NGOs in Idlib from conducting meetings with mixed participants so a number of NGOs began holding meetings via remote presence.

According to previous media reports and reports from former residents of ISIS-controlled areas, ISIS did not permit the existence of associations that opposed the structures or policies of the “caliphate.”

Taiwan

Section 2. Respect for Civil Liberties, Including:

b. Freedom of Peaceful Assembly and Association

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

In March the High Court upheld the 2017 dismissal of charges against 22 protesters who led the occupation of the Legislative Yuan during the 2014 Sunflower Student Movement. The lower court judge said the protesters’ actions met the criteria for civil disobedience.

Tajikistan

Section 2. Respect for Civil Liberties, Including:

b. Freedom of Peaceful Assembly and Association

The government limited freedoms of peaceful assembly and association through requirements to obtain permission from local governments and through frequent inspections by various government agencies.

FREEDOM OF PEACEFUL ASSEMBLY

The constitution provides the right to freedom of peaceful assembly, but the government required that individuals obtain permission from the government to stage public demonstrations. Individuals considering the staging of peaceful protests reportedly chose not to do so for fear of government reprisal.

FREEDOM OF ASSOCIATION

The constitution protects freedom of association, but the government restricted this right. As in the previous year, civil society organizations reported a noticeable increase in the number and intensity of registration and tax inspections by authorities. The government continued to enforce the ban on activities held under the banner of the IRPT. As a result of a 2016 constitutional referendum, nonsecular political parties became illegal.

Tanzania

Section 2. Respect for Civil Liberties, Including:

b. Freedom of Peaceful Assembly and Association

The government restricted freedom of peaceful assembly and association, including through bans decreed by authorities but not supported by law. The government requires organizers of rallies to obtain police permission. Police may deny permission on public safety or security grounds or if the permit seeker belongs to an unregistered organization or political party. The government and police continued to limit the issuance of permits for public demonstrations and assemblies to political parties, NGOs, and religious organizations. The only political meetings allowed in principle are by MPs in their constituencies; outside participants, including party leaders, are not permitted to participate. Restrictions are also applied to nonpolitical gatherings deemed critical of the government.

In August police arrested members of an opposition coalition for holding a public rally in Turwa Buyungi ward in advance of by-elections. During a June speech at the State House, the president declared the opposition should confine its political opinions to appropriate platforms, such as parliament, until the next elections in 2020.

FREEDOM OF ASSOCIATION

The constitution provides for freedom of association, and the government generally respected this right. Thousands of NGOs and societies operated in the country. Political parties were required to register and meet membership and other requirements. Freedom of association for workers was limited (see section 7.a.).

The registration process for associations outside Zanzibar was slow. The law makes a distinction between NGOs and societies and applies different registration procedures to the two. It defines a society as any club, company, partnership, or association of 10 or more persons, regardless of its purpose, and notes specific categories of organizations not considered societies, such as political parties. The law defines NGOs to include organizations whose purpose is to promote economic, environmental, social, or cultural development; protect the environment; or lobby or advocate on issues of public interest. Societies and organizations may not operate until authorities approve their applications. In August the government began a verification exercise that required all NGOs to reregister. Registration of new NGOs was suspended until December 1.

Religious organizations are registered as societies and wait the longest–an average of four years–for registration. From July 2017 to March, the Registrar of Societies received 252 registration applications, 74 of which came from religious institutions. The registrar registered 136 organizations and rejected five applications; 111 applications remained unprocessed. The government rarely registered societies within the legally required 14-day period.

NGOs in Zanzibar apply for registration with the Zanzibar Business and Property Registration Agency. While registration generally took several weeks, some NGOs waited months if the registrar determined additional research was needed.

Thailand

Section 2. Respect for Civil Liberties, Including:

b. Freedom of Peaceful Assembly and Association

The government restricted freedoms of peaceful assembly and association.

FREEDOM OF PEACEFUL ASSEMBLY

The 2017 constitution grants the freedom to assemble peacefully, subject to restrictions enacted to “protect public interest, peace and order, or good morals, or to protect the rights and liberties of others.” Nonetheless, NCPO orders, invoked under authority of Article 44 of the interim constitution and extended under the constitution, continued to prohibit political gatherings of five or more persons and penalize persons supporting any political gatherings.

According to a human rights advocacy group, the NCPO has moved away from disrupting public events, opting instead to charge event leaders and participants for violating NCPO orders and laws prohibiting gatherings and political activities. In September, the Foreign Correspondents’ Club of Thailand announced police had ordered the club to cancel a scheduled panel discussion entitled “Will Myanmar’s Generals Ever Face Justice for International Crimes.” The club issued a statement noting this was the sixth event canceled by police order at the club since the 2014 coup.

In May police arrested 15 leaders and activists from the “We Want Elections” group for organizing a demonstration to commemorate the fourth anniversary of the 2014 coup. The group members were charged with sedition and violating the NCPO’s ban on political gatherings of five or more persons.

Surat Thani, Phuket, and Phang Nga Provinces have regulations that prohibit migrant workers–specifically persons from Cambodia, Burma, and Laos–from gathering in groups, while Samut Sakhon Province prohibits migrant gatherings of more than five persons. Authorities did not enforce these provisions strictly, particularly for gatherings on private property. Employers and NGOs may request permission from authorities for migrant workers to hold cultural gatherings.

FREEDOM OF ASSOCIATION

The 2017 constitution grants individuals the right to free association subject to restrictions by law enacted to “protect public interest, peace and order, or good morals.”

The law prohibits the registration of a political party with the same name or logo as a legally dissolved party.

The Bahamas

Section 2. Respect for Civil Liberties, Including:

b. Freedom of Peaceful Assembly and Association

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

The Gambia

Section 2. Respect for Civil Liberties, Including:

b. Freedom of Peaceful Assembly and Association

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

Timor-Leste

Section 2. Respect for Civil Liberties, Including:

b. Freedom of Peaceful Assembly and Association

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

FREEDOM OF PEACEFUL ASSEMBLY

The constitution provides for “freedom to assemble peacefully and without weapons, without a need for prior authorization.” The law establishes guidelines on obtaining permits to hold demonstrations, requires police be notified five days in advance of any demonstration or strike, and establishes setback requirements at some buildings. The power to grant or deny permits is vested only in the PNTL.

Togo

Section 2. Respect for Civil Liberties, Including:

b. Freedom of Peaceful Assembly and Association

The constitution and law provide for the freedoms of peaceful assembly and association, and the government did not consistently respected these rights.

FREEDOM OF PEACEFUL ASSEMBLY

The constitution and law provide for the freedom of peaceful assembly, and the government generally respected this right. Organizers of demonstrations must obtain permission from the Ministry of Territorial Affairs, which may prescribe the route marchers may take. In September 2017 the government implemented a ban on public demonstrations in the cities of Sokode, Bafilo, and Mango, citing a risk of violence. The ban continued during the year.

For example, citing a law prohibiting the disruption of political campaigns, during the two weeks prior to the December 20 parliamentary elections, the government banned all gatherings and demonstrations of political parties promoting a boycott of the elections.

Tonga

Section 2. Respect for Civil Liberties, Including:

b. Freedom of Peaceful Assembly and Association

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

Trinidad and Tobago

Section 2. Respect for Civil Liberties, Including:

b. Freedom of Peaceful Assembly and Association

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

Tunisia

Section 2. Respect for Civil Liberties, Including:

b. Freedom of Peaceful Assembly and Association

The law provides for the rights of freedom of peaceful assembly and association, but the government did not always respect the right of association. The state of emergency law grants the government the right to limit the right of assembly, although the government rarely applied this law during the year. On July 27, parliament adopted a law mandating the establishment of a more comprehensive business registration system, with the aim to combat terrorism finance and money laundering that also included requirements for nonprofit associations to submit financial data to a newly created registry. This National Center for the Registry of Institutions would be responsible for collecting and maintaining the financial and administrative data of all “economic actors,” including nonprofit associations. Several prominent civil society organizations (CSOs) issued a public statement contending that this registry would duplicate existing requirements, place an undue burden on CSOs, and potentially threaten freedom of association. The government contends that the law does not prevent either the registration or the operations of CSOs.

FREEDOM OF PEACEFUL ASSEMBLY

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

In January the government authorized civil society groups throughout the country to organize peaceful protests against the new budget law as well as price increases and subsidy cuts. Media reported that authorities detained some of the organizers of the social movement #Fech_Nestanew (What Are We Waiting For) on charges including graffiti, destruction of property, and “inciting riots” through the distribution of flyers calling for more protests. All were subsequently released without charge, according to human rights groups. With this notable exception, human rights groups reported that the police respected the protesters’ rights to peaceful assembly.

In several cities, these peaceful social movements gave way to instances of opportunistic crime, including episodes of vandalism and looting masquerading as protests that led to small-scale clashes with security forces. On January 13, the Ministry of Interior stated that authorities arrested more than 930 individuals for criminal charges that the ministry reported were unrelated to the legitimate and authorized protest movements; many of these individuals were subsequently released. The ministry also reported that more than 50 police officers were injured during the protests and one civilian died of asphyxiation as a result of an asthma attack prompted by the tear gas used by police to clear protesters.

Subsequent social movements, including several large protests in downtown Tunis during the summer, took place without major incidents or reports of interference by security forces. In several smaller protests throughout southern Tunisia to demand greater economic development, security forces responded proportionately to violent incidents using riot control techniques and tear gas to disperse crowds that had blocked access to border posts.

FREEDOM OF ASSOCIATION

The law provides for the right of freedom of association, but the government did not always respect it. A 2011 law on associations eliminated penalties in the previous law, as well as the prohibition on belonging to, or serving in, an unrecognized or dissolved association. The law eased the registration procedure, making it more difficult for government entities to hinder or delay registration. According to the 2011 law, only the judiciary has the authority to suspend or dissolve an association. Several independent monitoring organizations asserted, however, that the government delayed registration of associations through unnecessary bureaucratic hurdles, at times for political reasons, a practice counter to the law.

Turkey

Section 2. Respect for Civil Liberties, Including:

b. Freedom of Peaceful Assembly and Association

The government restricted the freedoms of peaceful assembly and association.

FREEDOM OF PEACEFUL ASSEMBLY

Although the constitution provides for freedom of assembly, the law provides several grounds for the government to limit that right. The law stipulates penalties for protesters convicted of carrying items that might be construed as weapons, prohibits the use of symbols linked to illegal organizations (including chanting slogans), and criminalizes covering one’s face during a protest. The law permits police to use tinted water in water cannons, potentially to tag protesters for later identification and prosecution. The law also allows police to take persons into “protective custody” without a prosecutor’s authorization if there is reasonable suspicion that they are a threat to themselves or to public order. The state of emergency and subsequent antiterror law gave governorates enhanced authority to ban protests and public gatherings, a ban widely enacted during the year.

The government regarded many demonstrations as security threats to the state, deploying large numbers of riot police to control crowds, sometimes using excessive force. At times the government used its authority to detain persons before protests were held on the premise that they might cause civil disruption.

Throughout the year at the hearings of detained former HDP co-chair Demirtas, the Ankara governorate or court security personnel banned gatherings, marches, and sit-in protests outside the court. Domestic and international observers were also banned from observing the trial hearings.

The government also selectively restricted meetings to designated sites or dates, particularly limiting access to Istanbul’s Taksim Square and Ankara’s Kizilay Square, and set up roadblocks to prevent protesters from gathering there. Although police removed barriers around the human rights monument in Ankara’s Kizilay Square in July, a mobile police presence remained. The government banned many demonstrations outright if they touched on sensitive subjects.

On August 25, Istanbul police began preventing the vigil of the Saturday Mothers–a group who since the 1990s had gathered to commemorate the disappearances of relatives following their detention by Turkish security forces in the 1980s and 1990s and call for accountability. Interior Minister Suleyman Soylu said the group was exploiting the concept of motherhood to mask support for terrorism.

In January police prevented HDP lawmaker Ziya Pir, Democratic Regions Party (DBP) co-chair Mehmet Arslan, Democratic Society Congress (DTK) co-chair Leyla Birlik, and other party members from holding a press conference opposing Operation Olive Branch in front of the HDP Diyarbakir provincial headquarters.

Security forces at times responded with excessive force to protests, resulting in injuries, detentions, and arrests. The government generally supported security forces’ actions. The HRA and HRFT jointly reported that, in the first 11 months of the year, police intervened in 785 demonstrations, detaining 3,697 people and arresting 118 individuals. Year-end figures for those injured in clashes with authorities during demonstrations were not available. Human rights NGOs asserted that the government’s failure to delineate clearly in the law the circumstances that justify the use of force contributed to disproportionate use of force during protests. On June 27, for example, police in Ankara broke a facial bone of a protester in Ankara while detaining her.

On May 1 (Labor Day), authorities restricted rallies in parts of Istanbul and other cities if they were not government sanctioned. In Istanbul, 50 persons participating in the celebrations were detained while authorities closed Taksim Square, the traditional venue for the celebrations. Police roughly arrested protesters who sought to defy the ban on demonstrations by marching towards the square.

On April 25, Istanbul police briefly detained three human rights activists for using the word “genocide” in their statements and on their banners in an April 24 Armenian Remembrance Day commemoration organized by the HRA in Istanbul’s Sultanahmet Square. Police reportedly told the organizers that the term “genocide” was not permitted, and they did not allow the ceremony to be held.

Pro-Kurdish demonstrations of many kinds faced violent police responses throughout the year. For example, police tear gassed and sprayed pressurized water at supporters of the pro-Kurdish HDP celebrating the party’s elections performance in June after the demonstrators began throwing stones at police vehicles.

Local authorities issued indefinite bans on LGBTI events in several parts of the country, including for film festivals and other public activities in Ankara and parts of Istanbul. Adana’s governor banned a planned LGBTI pride march in June, and Ankara’s governor extended a ban on LGBTI events through the end of October 2019.

FREEDOM OF ASSOCIATION

While the law provides for freedom of association, the government continued to restrict this right during the year. Under the state of emergency and using provisions of the antiterror law, the government shut down associations and foundations for alleged threats to national security. The government did not release data on the number of NGOs it closed during the year. According to the HRJP, the government closed nearly 1,500 nongovernmental associations or foundations for alleged threats to national security. Other NGOs reported different statistics, based on different data collection methods. Observers widely reported that the appeals process for institutions seeking redress was opaque and ineffective (see section 1.e.).

By law, persons organizing an association do not need to notify authorities beforehand, but an association must provide notification before interacting with international organizations or receiving financial support from abroad and must provide detailed documents on such activities. Representatives of associations stated this requirement placed an undue burden on their operations. Human rights and civil society organizations, groups promoting LGBTI rights, and women’s groups in particular complained that the government used regular and detailed audits to create administrative burdens and to intimidate them through the threat of large fines. Bar association representatives reported that police sometimes attended civil society organizational meetings and recorded them, interpreting it as a means of intimidation.

In January authorities detained at least 25 members of the conservative Furkan Foundation and closed all of its branches in Adana in connection with the group’s criticism of Operation Olive Branch. In July 2017 authorities detained eight leading human rights activists, including Amnesty International’s Turkey director, and two foreign trainers during a workshop on digital security and stress management that President Erdogan claimed was a “continuation” of the 2016 failed coup attempt. Most were charged with supporting a terrorist organization. All were released from pretrial detention in October 2017, but those arrested still faced charges and prison time at year’s end.

Turkmenistan

Section 2. Respect for Civil Liberties, Including:

b. Freedom of Peaceful Assembly and Association

FREEDOM OF PEACEFUL ASSEMBLY

The constitution and law provide for freedom of assembly, but the government restricted this right. During the year authorities neither granted the required permits for public meetings and demonstrations nor allowed unregistered organizations to hold demonstrations. According to Forum 18, in some instances police raided homes where members of religious groups were meeting and detained participants.

Unregistered religious groups were not allowed to meet, according to the country’s religion law adopted in 2016.

FREEDOM OF ASSOCIATION

Although the constitution and law provide for freedom of association, the government restricted this right. The law requires all NGOs to register with the Ministry of Justice and all foreign assistance to be coordinated through the Ministry of Foreign Affairs. Unregistered NGO activity is punishable by a fine, short-term detention, and confiscation of property. The law requires all religious groups to register with the Ministry of Justice and sets out a schedule of fines for religious activity conducted by unregistered groups.

Of the estimated 120 registered NGOs, international organizations recognized only a few as independent. NGOs reported the government presented a number of administrative obstacles to NGOs that attempted to register. Authorities reportedly rejected some applications repeatedly on technical grounds. Some organizations awaiting registration found alternate ways to carry out activities, such as registering as businesses or subsidiaries of other registered groups, but others temporarily suspended or limited their activities. Although the law states there is a process for registering foreign assistance, NGOs had difficulty registering bilateral foreign assistance in practice due to the 2013 decree requiring such registration.

Sources noted a number of barriers to the formation and functioning of civil society. These included regulations that permitted the Ministry of Justice to send representatives to association events and meetings and requirements that associations notify the government about their planned activities.

In February 2017 the official government newspaper Neytral’nyy Turkmenistan published the changes and new amendments to the Law on Public Associations. Specifically, the law does not exempt religious organizations, nonprofit associations, and political parties; founders of public associations have to be Turkmen citizens; the law denies public associations the right to represent and protect the rights of other citizens, including the right to participate in elections; and public associations can be sponsored only by legal entities, including foreign nonprofit organizations.

Tuvalu

Section 2. Respect for Civil Liberties, Including:

b. Freedom of Peaceful Assembly and Association

Although the law provides for freedom of peaceful assembly, the government allowed island chiefs to place restrictions on it.

FREEDOM OF PEACEFUL ASSEMBLY

The law provides for freedom of peaceful assembly; however, the government allows island chiefs to place restrictions on assembly for public worship (see section 2.c.).

Uganda

Section 2. Respect for Civil Liberties, Including:

b. Freedom of Peaceful Assembly and Association

The government restricted freedoms of peaceful assembly and association.

FREEDOM OF PEACEFUL ASSEMBLY

While the constitution provides for freedom of assembly, the government did not respect this right. The government continued to use the Public Order Management Act to limit the right to assemble and disrupted opposition and civil society-led public meetings and rallies. The act also placed a significant bureaucratic burden on those wishing to organize or host gatherings and afforded the UPF wide discretion to prevent an event by refusing to approve it, or, more commonly, by not responding to the permission request, which then created a legal justification for disrupting almost any gathering.

According to local media, the UPF on July 11 fired teargas and live bullets to disperse a crowd of youth who were marching in Kampala to protest the government’s imposition of a 1-percent tax on all mobile money transactions. The police arrested three protesters and the state charged them in court on July 16 with holding an unlawful assembly. The court released the three on bail on July 23 and the trial continued at year’s end. On July 18, the UPF questioned MP Kyagulanyi, who had led the protest, and released him on police bond.

FREEDOM OF ASSOCIATION

While the constitution and law provide for freedom of association, the government did not respect this right. The government restricted the operations of local nongovernmental organizations (NGOs), especially those that work on civil and political rights (see section 5). Government regulations enacted in 2017 require NGOs to disclose sources of funding and personal information about their employees and impose onerous registration and reporting requirements. Government regulations enable the NGO Bureau and its local level structures to deny registration to any organization focused on issues deemed to be “undesirable” or “prejudicial” to the “dignity of the people of Uganda.” The regulations also provide the NGO Bureau broad powers to inspect NGO offices and records and to suspend their activities without due process. The regulations increased registration fees for local NGOs from 20,000 shillings ($5.33) to 100,000 ($26.67), and annual permit renewal fees from 20,000 shillings ($5.33) to 60,000 shillings ($16), respectively. They also introduced new fees, including for the NGO Bureau to review permit applications (60,000 shillings, or $16) and for NGOs to file annual reports (50,000 shillings, or $13.33). On July 24, local media reported that the minister for internal affairs had instructed the bureau “to tighten accountability oversight” over NGOs to ensure they used their funds for the approved purpose. The bureau in turn vowed “to crack the whip” on NGOs deemed noncompliant. Local media reported that the minister had voiced suspicion that NGOs used foreign funds to support dissent.

The government also restricted the operations of opposition political parties (see section 3).

Ukraine

Section 2. Respect for Civil Liberties, Including:

b. Freedom of Peaceful Assembly and Association

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

FREEDOM OF PEACEFUL ASSEMBLY

The constitution provides for the freedom of peaceful assembly, and the government generally respected this right. There are no laws, however, regulating the process of organizing and conducting events to provide for the right, and authorities have wide discretion under a Soviet-era directive to grant or refuse permission for assemblies on grounds of protecting public order and safety. Organizers are required to inform authorities in advance of plans for protests or demonstrations.

During the year citizens generally exercised the right to assemble peacefully without restriction in areas of the country under government control. There were reports, however, that police at times used excessive force when dispersing protests. For example, on March 3, police destroyed a protest tent camp that had been set up near the parliament in October 2017. Police allegedly beat protesters and used tear gas against journalists. Nineteen persons sustained injuries (10 had head injuries and nine other types of physical injuries), including journalists from Radio Liberty, Hromadske TV, and the Insider news outlet. The journalists reported deliberate attacks by police despite the fact that they had clearly identified themselves as members of the press. According to the chief of the Kyiv police, investigators and police were lawfully investigating criminal acts in connection with protester attempts to seize the International Center for Culture and Arts in Kyiv in December 2017 and clashes at the parliament on February 27. Police initiated two criminal investigations on possible use of excessive force by officers and interference by police in the work of journalists who were attempting to record the event. The investigation continued as of December.

While the main 2018 Pride March in Kyiv was protected by thousands of police, police at times did not adequately protect smaller demonstrations, especially those organized by persons belonging to minority groups or opposition political movements. Events organized by women’s rights activists or the LGBTI community were regularly disrupted by members of nationalist hate groups. On March 8, members of right-wing groups attacked participants in public events in Uzhhorod, Lviv, and Kyiv aimed at raising awareness of women’s rights and gender-based and domestic violence. Police launched investigations of the incidents. Police briefly detained attackers but no charges were filed.

In Russia-controlled territory, the HRMMU noted an absence of demonstrations because “people are concerned that they may be ‘arrested’ if they organize protests or assemblies against the policies” of Russia-led forces. The HRMMU also noted the only demonstrations permitted in these areas were ones in support of local “authorities,” often apparently organized by Russia-led forces, with forced public participation.

FREEDOM OF ASSOCIATION

The constitution and law provide for freedom of association, and the government generally respected this right.

Human rights groups and international organizations continued to criticize sharply a law signed by the president in March 2017 that introduced vague and burdensome asset-reporting requirements for civil society organizations and journalists working on anticorruption matters. The law was widely seen as an intimidation and a revenge measure against the country’s anticorruption watchdogs, which had successfully pushed for increased financial transparency for government officials. Heads and members of the boards of anticorruption NGOs had to submit their asset declarations by April 1. Observers continued to express concern that these asset declarations have the potential to endanger the staff of NGOs working on human rights and anticorruption, particularly if they work on issues related to Russian-occupied Crimea or areas of the Donbas controlled by Russia-led forces.

Human rights organizations reported a growing number of unsolved attacks on members of civil society organizations, which they believed created a climate of impunity. A September 26 joint statement by several dozen Ukrainian civic organizations stated that there had been more than 50 such attacks in the previous 12 months and accused the government of failing to investigate these crimes properly.

There were reports of incidents in which observers alleged that the government targeted activists for prosecution in retaliation for their professional activity. For example, several major human rights groups expressed concern about the government’s prosecution of Vitaliy Shabunin, head of the anticorruption NGO AntAC, which they alleged was selective and politically motivated. On January 15, authorities charged Shabunin with allegedly inflicting bodily harm on a journalist, a charge that carries a heavier penalty than the crime of inflicting intentional moderate bodily harm with which he had previously been charged in 2017. Both charges stemmed from an incident in June 2017 in which Shabunin allegedly punched Vsevolod Filimonenko, a supposed journalist who had reportedly harassed one of Shabunin’s colleagues. Human rights groups noted that video footage of the events suggested that Filimonenko may have been sent by the country’s security services to provoke a conflict with Shabunin and that the resources and vigor the government applied to prosecuting Shabunin far exceeded their usual approach to prosecuting attacks on journalists, including attacks where the resultant injuries were much more grave.

According to the HRMMU, in the territories controlled by Russia-led forces, domestic and international civil society organizations, including human rights defenders, could not operate freely. Residents informed the HRMMU they were being prosecuted (or feared being prosecuted) by the “ministry of state security” for their pro-Ukrainian views or previous affiliation with Ukrainian NGOs. If human rights groups attempted to work in those areas, they faced significant harassment and intimidation. The HRMMU also noted an increase in civil society organizations run by Russia-led forces, which appeared to require certain persons, such as public-sector employees, to join.

Ukraine (Crimea)

Section 2. Respect for Civil Liberties, Including:

b. Freedom of Peaceful Assembly and Association

FREEDOM OF PEACEFUL ASSEMBLY

See the Country Reports on Human Rights for Russia for a description of the relevant Russian laws and procedures that the Russian government applied and enforced in occupied Crimea.

Individuals opposing the occupation reported widespread harassment and intimidation by occupation authorities to suppress their ability to assemble peacefully. For example, the press reported on October 11 that authorities in Armyansk had issued a warning to a local resident, Yekaterina Pivovar, not to violate laws governing public protests. Pivovar had allegedly been planning to organize a group of local mothers to assemble outside city hall to demand a meeting with local officials. The mothers were concerned about the impact of toxic sulfur dioxide gas being released since late August from a nearby titanium plant on the health of their children.

A 2017 regulation limits the places in Crimea where public events may be held to 366 listed locations. The HRMMU noted that the “regulation” restricted freedom of assembly to a shrinking number of “specially designated spaces,” an unnecessary move that appeared “designed to dissuade the exercise of the right of freedom of assembly.”

Authorities fined individuals for conducting single-person pickets, the only type of protest that is supposed to be permitted without official permission under the legal system that Russia has imposed on occupied Crimea. According to the HRMMU, between December 2017 and March, occupation “courts” fined 80 Muslim men, who had conducted single-person pickets in October 2017 to protest the arrests of other Muslim men, mostly Crimean Tatars, for alleged membership in terrorist or extremist organizations.

There were reports of occupation authorities using coercive methods to provide for participation at rallies in support of the “government.” Students, teachers and civil servants were forced to attend a commemoration event on the day of deportation of the Crimean Tatars organized by Crimean-occupation authorities in Simferopol on May 18.

There were reports that occupation authorities charged and fined individuals for allegedly violating public assembly rules in retaliation for gathering to witness security force raids on homes.

FREEDOM OF ASSOCIATION

See the Country Reports on Human Rights for Russia for a description of the relevant Russian laws and procedures that the Russian government applied and enforced in occupied Crimea.

Occupation authorities broadly restricted freedom of association for individuals that opposed the occupation. For example, there were numerous reports of authorities taking steps to harass, intimidate, arrest, and imprison members of the human rights group Crimean Solidarity, an unregistered movement of friends and family of victims of repression by occupation authorities. Two of the group’s leaders, Emir-Usain Kuku and Server Mustafayev, remained in pretrial detention as of November on charges of allegedly belonging to the Islamic organization Hizb ut-Tahrir. Human rights monitors believed the cases against both men to be politically motivated and without basis. On January 27, law enforcement officers in Sudak disrupted a Crimean Solidarity civic group meeting attended by 150 persons. Law enforcement officers allegedly searched for drugs and weapons and questioned and photographed participants at the gathering. On October 27, in Simferopol, officials from the “prosecutor general’s office” accompanied by a contingent of armed men in masks and uniformed police raided another Crimean Solidarity meeting. The officials issued formal warnings to three members of the group, whom authorities claimed were poised to violate “counterterrorism and counterextremism” legislation by purportedly planning to hold a series of single-person pickets. On October 28, occupation authorities blocked the group’s website.

The Mejlis of the Crimean Tatar people remained banned for purported “extremism” despite an order by the International ?ourt of Justice requiring that Russian authorities “refrain from maintaining or imposing limitations on the ability of the Crimean Tatar community to conserve its representative institutions, including the Mejlis.” On October 29, occupation authorities announced plans to “nationalize” the Mejlis building in Simferopol, which they had seized in 2014, by transferring it to a Muslim organization that supported the occupation. Following the 2016 ban on the Crimean Tatar Mejlis as an “extremist organization,” occupation authorities banned gatherings by Mejlis members and prosecuted individuals for discussing the Mejlis on social media (see section 6).

United Arab Emirates

Section 2. Respect for Civil Liberties, Including:

b. Freedom of Peaceful Assembly and Association

The constitution provides for the freedoms of assembly and association, but the government did not always respect these rights.

FREEDOM OF PEACEFUL ASSEMBLY

The law provides limited freedom of assembly and the government imposed restrictions.

The law requires a government-issued permit for organized public gatherings. Authorities dispersed impromptu protests such as labor strikes and at times arrested participants. While there was no uniform standard for the number of persons who could gather without a permit, civil society representatives in the past have reported authorities could ask groups of four or more to disperse if they did not have a permit. The government did not interfere routinely with informal, nonpolitical gatherings held without a government permit in public places unless there were complaints. The government generally permitted political gatherings that supported its policies. Hotels, citing government regulations, sometimes denied permission for groups such as unregistered religious organizations to rent space for meetings or religious services.

FREEDOM OF ASSOCIATION

The law provides limited freedom of association. The government imposed some restrictions.

Political organizations, political parties, and trade unions are illegal. All associations and NGOs are required to register with the Ministry of Community Development (formerly Social Affairs), and many that did received government subsidies. Domestic NGOs registered with the ministry were mostly citizens’ associations for economic, religious, social, cultural, athletic, and other purposes. Registration rules require that all voting organizational members, as well as boards of directors, must be local citizens. This requirement excluded almost 90 percent of the population from fully participating in such organizations. In Dubai volunteer organizations were required to register with the Community Development Authority (CDA) and were required to obtain approval from the CDA before conducting fundraising activities.

Associations must follow the government’s censorship guidelines and receive prior government approval before publishing any material. In Abu Dhabi exhibitions, conferences, and meetings require a permit from the Tourism and Culture Authority. To obtain a permit, the event organizer must submit identification documents for speakers along with speaker topics. The government denied permits if it did not approve of the topic or speaker. If the event or speaker continued without an approved permit, the government imposed fines.

United Kingdom

Section 2. Respect for Civil Liberties, Including:

a. Freedom of Expression, Including for the Press

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

Freedom of Expression: The law prohibits expressions of hatred toward persons because of their color, race, nationality (including citizenship), ethnic or national origin, religion, or sexual orientation as well as any communication that is threatening or abusive and is intended to harass, alarm, or distress a person. The penalties for such expressions include fines, imprisonment, or both.

Press and Media Freedom: The law’s restrictions on expressions of hatred apply to the print and broadcast media. In Bermuda the law prohibits publishing written words that are threatening, abusive, or insulting, but only on racial grounds; on other grounds, including sexual orientation, the law prohibits only discriminatory “notices, signs, symbols, emblems, or other representations.”

Uruguay

Section 2. Respect for Civil Liberties, Including:

b. Freedom of Peaceful Assembly and Association

The law provides for the freedoms of peaceful assembly and association, and the government generally respected these rights. SERPAJ reported some increased efforts by the government to delegitimize social movements. According to SERPAJ, the government’s “antipicketing decree” had direct consequences on the forms of popular mobilization by limiting protesters’ ability to block streets and highways. The government responded that the decree did not affect the right to strike as defined in the constitution. SERPAJ also claimed that the “essential services” decree was being used to stifle protests and union activity. In August the umbrella union organization PIT-CNT organized a general strike against the government’s alleged overuse of the essential services decree.

Uzbekistan

Section 2. Respect for Civil Liberties, Including:

b. Freedom of Peaceful Assembly and Association

FREEDOM OF PEACEFUL ASSEMBLY

The constitution and law provide for freedom of assembly, but the government often restricted this right. Authorities have the right to suspend or prohibit rallies, meetings, and demonstrations for security reasons. The government often did not grant the permits required for demonstrations. Authorities subjected citizens to large fines, threats, arbitrary detention, and abuse for violating procedures for organizing meetings, rallies, and demonstrations or for facilitating unsanctioned events by providing space, other facilities, or materials. Organizers of “mass events” with the potential for more than 100 participants must sign agreements with the Ministry of Interior for the provision of security prior to advertising or holding such an event. This regulation was broadly applied, even to private corporate functions.

On August 3, the City Court in Chust, near Namangan, sentenced Pastor Alisher and his assistant Abror, to 10 days of administrative arrest. Judge Bokhodir Kazakov found them and six other individuals guilty of “illegal religious activity” that was allegedly just a tea party at the pastor’s home. The six other individuals were penalized under the same charges for 999,445 sums ($120) each, with payment due immediately. Their cell phones were also confiscated.

FREEDOM OF ASSOCIATION

While the law provides for freedom of association, the government continued to restrict this right. While the government released new laws and guidance it stated were intended to encourage the growth of civil society, the government still sought to control NGO activity, internationally funded NGOs, and unregulated Islamic and minority religious groups. The operating environment for independent civil society, in particular human right defenders, remained restrictive. Activists reported continuing government control and harassment.

On April 21 in Chimbay City, Karakalpakstan, local police raided a birthday party attended by a group of Christians. The participants were escorted to the local police station and charged with holding an “illegal religious meeting,” and released the next morning. On July 13, group members were summoned to the local court by telephone, not by written notification. The judge found all of them, except the minors, guilty of engaging in illegal religious activity. The women were ordered to pay penalties of $150-$200 (1,230,000 sum to 1,640,000 sum) each and the owner of the house to pay $1,000 (8,220,000 sum). The 11 men involved were sentenced to 5 to 7 days of administrative arrest. Eight of the convicted Christians were 18-19 years of age, and their parents did not receive any formal notification after their children were sentenced. As a result of international pressure, on July 17, the Supreme Court of Karakalpakstan vacated the verdicts of the Chimbay court and ordered restitution of personal belongs to the defendants.

The Ministry of Justice, which oversees the registration of NGOs, requires NGOs to obtain the ministry’s approval to hold large meetings with nonmembers, including foreigners; to seek the ministry’s clearance on any event where materials are to be distributed; and to notify the ministry in writing of the content and scope of the events in question.

On April 12, the President signed the new Law on Public Control to establish a legal framework for public oversight of the activities of government bodies and government officials. In accordance with the law, citizens, citizens’ self-government bodies, noncommercial organizations, and mass media have the right to exercise oversight regarding activities of government bodies and officials.

There are legal restrictions on the types of groups that may be formed, and the law requires that organizations with an operating budget and funds be registered formally with the government. The law allows for a six-month grace period for new organizations to operate while awaiting registration from the Ministry of Justice, during which time the government officially classifies them as “initiative groups.” Several NGOs continued to function as initiative groups for periods longer than six months.

The government issued a number of regulations that affected NGO activity. In May the president issued a decree entitled “Measures to Fundamentally Enhance the Role of Civil Society Institutions in the Process of Democratic Renewal of the Country.” In a separate action, in June the Ministry of Justice (MoJ) issued an order on the procedure for NGOs to inform the government of their planned activities. According to a summary posted on Norma.uz, starting from June 1, NGOs are no longer required to obtain approval from the MoJ in order to conduct events, but they still need to notify the MoJ of plans to conduct public programs. The minimum period for informing the ministry of planned activities is 10 days before the start of an event without the participation of foreign citizens, and 20 days before the start of event with the participation of foreign citizens. The MoJ only provides NGOs with written notice in cases of refusal to conduct the event. On June 27, another order established a new form of annual reporting on the NGO activities for submission to the government. In August the Ministry of Justice adopted the Regulation on Monitoring and Studying Activities of Nongovernmental Noncommercial Organizations, which establishes a separate procedure on monitoring and studying NGOs’ activities.

International NGOs praised the development of these procedures, stating that they offered new procedural rules and limitations for the actions of MoJ inspectors; one NGO stated, however, a concern that the latter regulation still provided the authority for the MoJ to audit and harass NGOs. The administrative liability code imposes large fines for violations of procedures governing NGO activity as well as for “involving others” in “illegal NGOs”; the law does not specify whether the term refers to NGOs suspended or closed by the government or merely NGOs not officially registered. The administrative code also imposes penalties against international NGOs for engaging in political activities, activities inconsistent with their charters, or activities the government did not approve in advance.

In May the president signed a decree abolishing the so-called banking commission, established in 2004 to regulate or oversee NGO receipt of foreign grants. Beginning on September 1, registered NGOs are allowed to receive grants from domestic and foreign donors. Receiving organizations must notify the Ministry of Justice of their grants and present a plan of activities to the ministry that details how the NGO would allocate the funds. If the ministry approves, no other government approvals are required. The ministry requires yearly financial reports from NGOs.

Parliament’s Public Fund for the Support of Nongovernmental, Noncommercial Organizations, and Other Civil Society Institutions continued to conduct grant competitions to implement primarily socioeconomic projects. Some civil society organizations criticized the fund for primarily supporting government-organized NGOs. The law criminalizes membership in organizations the government broadly deemed “extremist.”

Vanuatu

Section 2. Respect for Civil Liberties, Including:

b. Freedom of Peaceful Assembly and Association

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

Venezuela

Section 2. Respect for Civil Liberties, Including:

b. Freedom of Peaceful Assembly and Association

FREEDOM OF PEACEFUL ASSEMBLY

The constitution provides for this right, but the government generally repressed or suspended it. The law regulates the right to assembly. Human rights groups continued to criticize the law as enabling the government to charge protesters with serious crimes for participating in peaceful demonstrations. Ambiguous language in the law also allowed the government to criminalize organizations that were critical of the government. Protests and marches require government authorization in advance and are forbidden within designated “security zones.”

Citizens organized sporadic and often spontaneous small-scale protests throughout the year to demand basic services such as water and electricity. The government generally refrained from using the widespread, violent, and in some cases fatal responses they used to quash the 2017 protests, but NGOs reported cases of arbitrary detention and heavy-handed police tactics to quell protests.

FREEDOM OF ASSOCIATION

The constitution provides for freedom of association and freedom from political discrimination, but the government did not respect these rights. Although professional and academic associations generally operated without interference, a number of associations complained that the TSJ and the National Electoral Council (CNE), which is responsible for convoking all elections and establishing electoral dates and procedures, repeatedly interfered with their attempts to hold internal elections.

A 2016 presidential decree called on the Foreign Ministry to suspend international funding to NGOs when “it is presumed” that the funding is used with “political purposes or for destabilization.” There were no reports the government implemented the decree during the year.

Vietnam

Section 2. Respect for Civil Liberties, Including:

b. Freedom of Peaceful Assembly and Association

FREEDOM OF PEACEFUL ASSEMBLY

The government restricted freedom of peaceful assembly. Law and regulations require persons wishing to gather in a group to apply for a permit, which local authorities issued or denied without explanation. Only those arranging publicized gatherings to discuss sensitive matters appeared to require permits, however, and persons routinely gathered in informal groups without government interference. The government generally did not permit any demonstrations perceived to be political. The law permits security forces to detain individuals gathering or protesting outside of courthouses during trials.

The Ministry of Public Security and local police routinely prevented activists from peacefully assembling. There were numerous reports of police dispersing gatherings of environmental activists, anti-China activists, land rights advocates, human rights defenders, bloggers and independent journalists, women’s rights, and former political prisoners.

Social media and multiple activists reported that on June 17, authorities took some 180 people, including those who were involved in protesting the draft SAEZ and cybersecurity laws and those observing the demonstrations, to Tao Dao stadium in Ho Chi Minh City. Some activists including Phan Tieu May said they were not protesting but were taken by authorities from their homes or cafes to the stadium Authorities searched, and beat those detained. Many of those involved said they sustained injuries to the head, and some lost consciousness. One individual required long-term hospitalization for his injuries.

On August 15, Ho Chi Minh City police and plainclothes individuals beat musician Nguyen Tin and other activists at Casanova Cafe in District 3 in Ho Chi Minh City after Nguyen Tin held an unregistered concert. They tied him to a chair and beat him over the head with his guitar, according to other activists.

FREEDOM OF ASSOCIATION

The constitution affords individuals the right of association, but the government restricted freedom of association severely. The country’s legal and regulatory framework establishes mechanisms for restricting freedom of NGOs to act and organize, including by restricting freedom of association. The government generally prohibited the establishment of private, independent organizations, insisting that persons work within established, party-controlled mass organizations, usually under the aegis of the VFF. The government used complex and politicized registration systems for NGOs and religious organizations to suppress unwelcome political and religious participation.

Laws and regulations governing NGOs restrict their ability to engage in policy advocacy or conduct research outside of state-sanctioned topics and prohibit organizations focused on social science and technology from operating in fields such as economic policy, public policy, political issues, and a range of other areas considered sensitive. Authorities also do not permit them to engage in the public distribution of policy advocacy positions.

The Law on Belief and Religions, which came into effect January 1, still requires religious groups to register with authorities and to inform officials of activities. Authorities had the right to approve or refuse religious activities. Some unregistered religious groups reported an increase in government interference.

Some registered organizations, civil society organizations including governance and environment-focused NGOs, reported increased scrutiny of their activities.

Western Sahara

Section 2. Respect for Civil Liberties, Including:

b. Freedom of Peaceful Assembly and Association

Moroccan law applies. As in internationally recognized Morocco, the Moroccan government limited freedoms of peaceful assembly and association.

FREEDOM OF PEACEFUL ASSEMBLY

Moroccan law provides for the right of peaceful assembly. The government generally permitted authorized and unauthorized peaceful demonstrations to occur. According to Moroccan law, groups of more than three persons require authorization from the Ministry of Interior to protest publicly. As in internationally recognized Morocco, some NGOs complained that the government used administrative delays and other methods to suppress or discourage unwanted peaceful assembly. Security forces intervened on occasion to disband both authorized and unauthorized protests when officials deemed the demonstration a threat to public security. The October 3 UN secretary-general’s report on Western Sahara cited claims by some local NGOs that Moroccan security forces had forcibly dispersed demonstrations related to the right to self-determination, the disposal of natural wealth and resources, and the rights of detainees.

Several proindependence organizations and some human rights NGOs stated that in recent years the submission of applications for permits to hold demonstrations declined because police rarely granted them. In most cases the organizers proceeded with planned demonstrations in the absence of authorization, and there was no discernable difference in security forces’ reaction to authorized or unauthorized protests. Violent confrontations between security forces and protesters were less common than in previous years, according to several local NGOs, although violent dispersals did occur on occasion. Security force practices were similar to those in internationally recognized Morocco; however, in Western Sahara there was often a higher ratio of members of security forces to protesters.

The CNDH’s three regional commissions monitored 52 demonstrations from April 2017 to March and concluded that the security forces’ use of violence to disperse demonstrations decreased during the year.

FREEDOM OF ASSOCIATION

Moroccan law and practice apply. Generally, the government denied official recognition to NGOs that it considered advocates against Islam’s status as the state religion, the legitimacy of the monarchy, or Morocco’s territorial integrity. Authorities noted that 418 organizations were registered in Laayoune and 288 in Dakhla, the two largest cities in Western Sahara. The Laayoune branch of the CNDH reported that it received complaints from three organizations that were denied registration during the year. The branches contacted government authorities and following mediation, one of the organizations in Laayoune was in the process of being registered. According to the CNDH, of the 10 organizations denied registration in 2017, five were registered, one was in the process of being registered, two were referred to judiciary, and two did not receive a response as of September.

The government tolerated activities of several unregistered organizations.

Yemen

Section 2. Respect for Civil Liberties, Including:

b. Freedom of Peaceful Assembly and Association

The law provides for the freedoms of peaceful assembly and association, but these rights were not respected in the majority of the country, i.e., areas which the government did not control.

FREEDOM OF PEACEFUL ASSEMBLY

The law provides for freedom of peaceful assembly. The Houthis and their affiliates responded to demonstrations and protests in various parts of the country with excessive force.

FREEDOM OF ASSOCIATION

While the law provides for freedom of association, there were reports Houthis harassed and shut down NGOs. The law regulates associations and foundations and outlines the establishment and activities of NGOs. Authorities required annual registration. The law exempts registered NGOs from taxes and tariffs and requires the government to provide a reason for denying an NGO registration, such as deeming an NGO’s activities “detrimental” to the state. It forbids NGO involvement in political or religious activities. It permits foreign funding of NGOs. The law requires government observation of NGO internal elections. There were no known attempts by NGOs to register during the year.

Zambia

Section 2. Respect for Civil Liberties, Including:

b. Freedom of Peaceful Assembly and Association

The constitution provides for freedom of peaceful assembly; however, the government restricted this right, and police and progovernment groups disrupted meetings, rallies, and other activities of opposition political parties and civil society organizations. In dealing with demonstrators, police adopted heavy-handed practices such as surrounding the venue to prevent meetings from taking place, forcefully breaking up demonstrations, and arresting demonstrators.

The Public Order Act requires political parties and other groups to notify police in advance of any rallies but does not require formal approval or permit. In 1995 the Supreme Court declared provisions in the act that previously gave police the power to regulate assemblies, public meetings, or processions unconstitutional. The police, however, have continued to disregard this landmark ruling and continued to stop opposition and civil society groups from holding public gatherings. For example, on October 19, police in Ndola arrested a small group of civil society and church officials during a meeting and charged them with unlawful assembly. The meeting, which took place at the Ndola Central Baptist Church, was organized by the Center for Trade Policy and Development as a public discussion about the government’s 2019 national budget. Police justified the arrests on the premise the meeting had become “political” and the group had not notified them of the gathering.

Opposition political parties complained of selective application of the Public Order Act, noting police allowed ruling party gatherings without notification. Police also prevented opposition and civil society groups planning to protest government actions from gathering on the grounds that police received notifications too late, had insufficient staff to provide security, or the gathering would coincide with government events in the same province. For example, in the lead up to the July 26 Lusaka mayoral elections, police in the district of Kanyama blocked opposition UPND leader Hakainde Hichilema from holding a campaign rally in the area after the group had registered the event with the Electoral Commission, ostensibly because President Lungu would be visiting the area. Although police claimed inadequate staff to provide security for gatherings, police responded in force to disrupt opposition gatherings and often allowed ruling party supporters to disrupt them.

FREEDOM OF ASSOCIATION

The constitution provides for freedom of association. While the government generally respected the right to freedom of association, it placed some limits on this right through various mechanisms. For example, although it generally went unenforced, the NGO Act requires all organizations to apply for registration to the registrar of societies. The registration process is stringent, long, and gives the registrar considerable discretion. The law also places restrictions on funding from foreign sources. For this reason donors, including some UN agencies, required all organizations to register under the NGO Act before receiving funding. According to the Southern African Center for the Constructive Resolution of Disputes, uncertainties surrounding the implementation of the NGO Act and NGO policy affected the operations of civil society organizations.

Despite these restrictions the government liberally allowed civil society organizations to hold meetings in which they criticized it. For example, on March 6, the Oasis Forum, an association of civil society organizations, hosted a public discussion in Lusaka on a topic critical of the government.

Zimbabwe

Section 2. Respect for Civil Liberties, Including:

b. Freedom of Peaceful Assembly and Association

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

FREEDOM OF PEACEFUL ASSEMBLY

The government restricted freedoms of peaceful assembly, association, or both. The Public Order and Security Act (POSA) requires organizers to notify police of their intention to hold a public gathering–defined as 15 or more individuals–seven days in advance. Failure to do so may result in criminal prosecution as well as civil liability. The law also allows police to prohibit a gathering based on security concerns but requires police to file an affidavit in a magistrate’s court stating the reasons behind the denial. The government enacted POSA after a demonstration resulted in security forces killing six opposition protestors on August 1. A seventh individual died from injuries related to the protests.

Although many groups did not seek permits, other groups informed police of their planned events, and police either denied permission or gave no response. The MDC Alliance accused police of using the cholera epidemic in Harare as an excuse to ban large public assemblies to prevent an MDC Alliance rally on September 15. Media reported that from September 16-22 police forcibly removed vendors who refused to comply with orders related to the cholera outbreak to vacate their stalls in the Harare CBD. On October 11, police arrested Peter Mutasa, president of the Zimbabwe Congress of Trade Unions (ZCTU), and 35 trade unionists in Harare and other major city centers as they awaited a court decision to overturn the ban on their planned demonstration against the government’s 2 percent tax on electronic transfers. Police had previously denied ZCTU’s request for a permit, and a Harare magistrate dismissed ZCTU’s challenge to the police ban on October 12.

Authorities often denied requests by civil society, trade unions, religious groups, or political parties other than ZANU-PF to hold public events if the agenda conflicted with government policy positions. There were several reports of political rallies interrupted by opposing political parties.

On February 26, police used tear gas and water cannons to disperse dozens of National University of Science and Technology students protesting continued strikes by lecturers. Police dogs injured eight students, while police arrested 61 students. A local NGO reported 15 students sought medical treatment after this incident.

FREEDOM OF ASSOCIATION

The constitution and law provide for freedom of association, but the government restricted this right. Although the government did not restrict the formation of political parties or unions, ZANU-PF supporters, sometimes with government support or acquiescence, intimidated and harassed members of organizations perceived to be associated with other political parties. For example, a local NGO reported that on July 25, a local councilor in Mbire threatened to have community members beaten and their homes burnt down if they voted for opposition political parties. Local NGOs provided multiple reports similar to this one.