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Bolivia

Section 2. Respect for Civil Liberties, Including:

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

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

In its 2017 annual report, the Office of the Special Rapporteur for Freedom of Expression of the Inter-American Commission on Human Rights highlighted several limitations placed by the government on media, including the use of the term “the Cartel of Lies” to discredit journalists or pressure journalists who criticized the government, in addition to the discriminatory use of state advertising. The report noted verbal attacks by national and local officials against the press. Progovernment demonstrators and security forces physically attacked journalists during protests, and the justice system allowed “preventive imprisonment” of journalists with little evidence.

Press and Media Freedom: According to the Inter American Press Association, the government regularly attempted to disqualify the independent press by claiming it acted on behalf of the political opposition and spread fake news to generate social tension. According to Supreme Decree 181, the government should provide goods and services to all media outlets in a nondiscriminatory manner, but in practice it did not purchase advertisements in media outlets considered adversarial.

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

Violence and Harassment: From 2010 to 2017, the ANP reported 136 physical aggressions against journalists and other media members, as well as 155 cases of verbal aggressions and threats.

On August 9, military security forces beat two female journalists during the inauguration of the new presidential palace in La Paz and prevented other reporters from entering the location where President Morales was speaking.

The Office of the Special Rapporteur for Freedom of Expression reported various cyberattacks against media outlets in 2017. For example, the websites of Sol de PandoAgencia de Noticias FidesLa Razon, and Pagina Siete, which sometimes published articles critical of the Morales administration, were rendered unavailable by cyberattacks executed by unknown actors.

Censorship or Content Restrictions: The government censored journalists, and journalists practiced self-censorship due to fear of losing their jobs, fear of prosecution, and fear of losing access to government sources. Human rights organizations reported many reporters were dismissed for reporting on controversial topics that conflicted with the government.

INTERNET FREEDOM

The government did not restrict or disrupt access to the internet or censor online content. On November 28, in a widely circulated recording, purportedly of a briefing for President Morales, Police Commander Faustino Mendoza stated police officers systematically monitored journalist and opposition politicians on social networks. In the audio recording, Mendoza revealed that police had 84 social media accounts specifically used for this purpose. The National Association of the Press of Bolivia, which represented the main print media of the country, expressed its “deep concern for the police control and surveillance of the informative work of journalists.” The government sharply criticized the release of the recording but did not deny its authenticity.

Government employees faced reprisal for expressing support for initiatives, ideas, and events critical of the MAS administration online and on social media. Reprisals included termination of employment.

The number of fake accounts on social media such as Facebook and Twitter sharply increased, particularly those favoring the government and ruling party, during the year. The accounts regularly criticized social media posts made by opposition leaders while expressing support for content produced by the government. The government openly admitted to funding “cyberwarriors” who targeted opposition leaders on social media through fake accounts.

According to the International Telecommunication Union, 44 percent of the population used the internet in 2017.

ACADEMIC FREEDOM AND CULTURAL EVENTS

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

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.

c. Freedom of Religion

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

The law provides for freedom of internal movement, foreign travel, emigration, and repatriation, and the government generally respected these rights. The government cooperated with the Office of the UN High Commissioner for Refugees and other humanitarian organizations in providing protection and assistance to internally displaced persons, refugees, returning refugees, asylum seekers, stateless persons, or other persons of concern.

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

PROTECTION OF REFUGEES

Access to Asylum: The law provides for the granting of asylum or refugee status, and the government has established a system for providing protection to refugees through the National Commission on Refugees. The country has a legal structure and framework to accommodate those seeking refuge and has a registry of refugees and stateless persons.

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

Durable Solutions: By law refugees have a path to naturalization, and the government assumes 90 percent of the fees associated with this process.

Colombia

Section 2. Respect for Civil Liberties, Including:

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

Violence and Harassment: According to the domestic NGO Foundation for Press Freedom (FLIP), through August 30, there were 153 threats against journalists, doubling the 61 threats registered throughout 2014 and exceeding the 129 documented in 2017. FLIP also reported that between January and August, one journalist was illegally detained, 13 were physically assaulted, and 26 were victims of judicial harassment based on defamation and slander. As of July the Human Rights Unit of the Attorney General’s Office was investigating 51 active cases of crimes against journalists and had obtained eight sentences.

As of June 30, the National Protection Unit (NPU) provided protection services to 168 journalists. Some NGOs raised concerns about perceived shortcomings in the NPU, such as delays in granting protection and the appropriateness of measures addressing specific threats.

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

Libel/Slander Laws: By law slander and libel are crimes. There is no specific law against slandering public officials, and the government did not use prosecution to prevent media from criticizing government policies or public officials. Political candidates, businesspersons, and others, however, publicly threatened to sue journalists for expressing their opinions, alleging defamation or libel. FLIP reported 66 cases were filed against journalists for libel or slander as of August 30, including two new cases filed during the year.

Nongovernmental Impact: Members of illegal armed groups sought to inhibit freedom of expression by intimidating, threatening, kidnapping, and killing journalists. National and international NGOs reported local media representatives regularly practiced self-censorship because of threats of violence from these groups.

INTERNET FREEDOM

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

The 2016 investigation continued into past abuses by the Army Intelligence Unit (see section 1.f.).

The International Telecommunication Union estimated that 62 percent of the population used the internet in 2017.

ACADEMIC FREEDOM AND CULTURAL EVENTS

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

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

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.

c. Freedom of Religion

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

The law provides for freedom of internal movement, foreign travel, emigration, and repatriation. The government generally respected these rights, although there were exceptions. Military operations and armed conflict in certain rural areas restricted freedom of movement.

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

According to media reports, on August 31, the navy intercepted a vessel with 22 migrants from Bangladesh, Cameroon, Cuba, Gambia, India, and Pakistan, in the Gulf of Uraba, adjacent to the country. The migrants, who allegedly were bound for Central America, were turned over to the Migration Directorate, the government’s migration monitoring and control authority. The Migration Directorate reported that during 2017, 2,254 Indian citizens, 567 Nepalese, and 510 Bangladeshis were identified as being illegally in Colombia; 554 came from Africa.

In-country Movement: There were no government restrictions on movement within the country. Organized-crime gangs, ELN guerrillas, and other illegal armed groups continued to establish illegal checkpoints on rural roads.

International organizations also reported that illegal armed groups confined rural communities through roadblocks, curfews, car bombs at egress routes, and IEDs in areas where narcotics cultivation and trafficking persisted. According to the UN Office for the Coordination of Humanitarian Affairs (OCHA), between January and October, more than 1,037,491 persons faced mobility restrictions that limited their access to essential goods and services due to armed incidents and geographical factors. This reflected a 750 percent increase compared with the same period in 2017. Additionally, OCHA identified 56 events in which humanitarian actors and international organizations faced restrictions in access to communities by armed groups.

INTERNALLY DISPLACED PERSONS (IDPS)

There were approximately 7.6 million IDPs in the country, largely a result of the armed conflict. Threats posed by illegal armed groups drove internal displacement in remote areas as well as urban settings. In some areas the FARC withdrawal resulted in a struggle for control by other illegal armed groups causing violence and internal displacement. The government, international organizations, and civil society groups identified various factors driving displacement, including threats, extortion, and physical, psychological, and sexual violence by illegal armed groups against civilian populations, particularly women and girls. Competition and armed confrontation among and within illegal armed groups for resources and territorial control and confrontations between security forces, guerrillas, and organized-crime gangs, in addition to forced recruitment of children or threats of forced recruitment, were also drivers of displacement. Drug trafficking, illegal mining, and large-scale commercial ventures in rural areas also contributed to displacement. Local institutions lacked the capacity in many areas to protect the rights of, and provide public services to, displaced persons and communities at risk of displacement, and as such the government struggled to provide adequate protection or humanitarian assistance to IDPs.

OCHA reported that 30,068 persons had been affected in 103 displacement events between January and October. Approximately 45 percent of the individuals affected were of Afro-Colombian and indigenous origin. Departments with the highest rate of mass displacements included Antioquia, Cordoba, Choco, Narino, and Norte de Santander.

As of July the NPU was providing protection services to 330 land-restitution leaders.

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

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

The Victims’ Unit cited extortion, recruitment by illegal armed groups, homicides, and physical and sexual violence as the primary causes of intraurban displacement. UNHCR reported that in some departments displacement disproportionately affected indigenous and Afro-Colombian groups.

According to OCHA, 15 percent of the 30,068 persons affected by displacements were indigenous.

The NGO National Association of Displaced Afrodescendants (AFRODES) stated that threats and violence against Afro-Colombian leaders and communities continued to cause high levels of forced displacement, especially in the Pacific Coast region. OCHA reported that approximately 29 percent of the individuals affected by displacement events were Afro-Colombian. AFRODES and other local NGOs expressed concern that large-scale economic projects, such as agriculture and mining, contributed to displacement in their communities.

By law 52 government agencies are responsible for assisting registered IDPs.

Dozens of international organizations, international NGOs, and domestic nonprofit groups, including the International Organization for Migration, World Food Program, ICRC, UNHCR, and Colombian Red Cross, coordinated with the government to provide emergency relief and long-term assistance to displaced populations.

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

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

Displaced persons also sought protection across international borders. UNHCR previously stated that Colombia was the country of origin for 360,000 refugees and persons in a refugee-like situation, the majority in Ecuador, with additional populations in Venezuela, Costa Rica, and Panama. UNHCR estimated that between 400 and 500 Colombians crossed into Ecuador every month. The governments of Colombia and Ecuador continued to meet throughout the year regarding the situation of Colombian refugees and asylum seekers in Ecuador, and the Colombian government offered a program to assist Colombians abroad who returned to Colombia. Additionally, the government estimated that 300,000 Colombians, many of whom were displaced by the conflict in Colombia and registered as refugees in Venezuela, returned to Colombia from Venezuela during the year.

PROTECTION OF REFUGEES

Access to Asylum: The law provides for the granting of asylum or refugee status, and the government has established a system for providing protection to refugees. According to the government, it had approved 47 applications for refugee status since 2009. Between January 1 and October 2, the government reported it received 1,258 new asylum-seeker cases for refugee status, of which three cases were approved. Venezuelans represented approximately 95 percent of applications during the year. Authorities stated that the asylum process took at least one year, during which solicitants were given a permit to stay in the country but were not allowed to work.

During the year there was a large increase in migration flows from Venezuela. According to the Migration Directorate, as of October the country hosted more than one million Venezuelans. While the government generally provided access to the asylum process for persons who requested international protection, many opted for alternative migration status, due to the slow processing time of asylum applications.

Temporary Protection: The government also provided temporary residence permits (PEP) to Venezuelans who met certain eligibility requirements. Approximately 180,000 Venezuelans who entered with passports legally were granted PEPs prior to February, when the program was discontinued. In June the government announced that 442,462 irregular Venezuelans who participated in the government’s census exercise would be eligible for PEPs until December 2. As of November approximately 255,000 of the 442,462 Venezuelans eligible for PEPs had requested the residence permit, and other Venezuelans were in the registration process. A new registration period for the PEP was announced December 27. PEPs provide access to work permits, access to the social insurance system, and the ability to open bank accounts. The temporary residency permit is valid for up to two years.

 

Peru

Section 2. Respect for Civil Liberties, Including:

The constitution provides for freedom of expression, including for the press, and the government generally respected this right. An independent press and a functioning democratic political system generally promoted freedom of expression, including for the press.

Violence and Harassment: Journalists alleged police, protesters, and company personnel assaulted and threatened them while covering various protests and incidents of social unrest. The Press and Society Institute reported the most common type of threat was made against local radio and television broadcast journalists who investigated local government authorities for corruption. The institute alleged the aggressors were often local and regional government officials, such as mayors and regional governors.

Police continued to investigate the 2016 killing of radio journalist Hernan Choquepata Ordonez in the coastal province of Camana, Arequipa Region. Reports suggested Choquepata was killed after he criticized mayors of the municipalities of Camana and Mariscal Caceres.

Censorship or Content Restrictions: NGOs continued to report that some media, most notably in the provinces outside of Lima, practiced self-censorship due to fear of local government reprisal.

Nongovernmental Impact: Some media reported narcotics traffickers and persons engaged in illegal mining activities threatened press freedom by intimidating journalists who reported information that undermined their operations.

INTERNET FREEDOM

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

The International Telecommunication Union reported that 49 percent of the population used the internet in 2017.

ACADEMIC FREEDOM AND CULTURAL EVENTS

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

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

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).

c. Freedom of Religion

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

The law provides for freedom of internal movement, foreign travel, emigration, and repatriation, and the government generally respected these rights. The government cooperated with the Office of the UN High Commissioner for Refugees (UNHCR), International Organization for Migration (IOM), and other humanitarian organizations to provide protection and assistance to internally displaced persons, refugees, returning refugees, asylum seekers, stateless persons, or other persons of concern.

In-country Movement: The government maintained an emergency zone in the VRAEM and parts of four regions, where it restricted freedom of movement in an effort to maintain public peace and restore internal order.

Narcotics traffickers and Shining Path members at times interrupted the free movement of persons by establishing roadblocks in sections of the VRAEM emergency zone. Individuals protesting against extractive industry projects also occasionally established roadblocks throughout the country.

INTERNALLY DISPLACED PERSONS (IDPS)

The situation of former IDPs was difficult to assess. According to UNHCR, the number of IDPs was unknown, since officials registered relatively few.

The governmental Reparations Council continued to assist victims of the 1980-2000 internal conflict with the Shining Path and the Tupac Amaru Revolutionary Movement terrorist groups. The Quechua and other Andean indigenous populations were disproportionately represented among IDPs, since the conflict took place primarily within the Andean region. The council continued to compile a registry of victims and identify communities eligible for reparations. Some victims and family members lacking proper identity documents experienced difficulties registering for reparations.

PROTECTION OF REFUGEES

The government, UNHCR, IOM, and civil society organizations estimated nearly 100,000 foreigners, mostly Venezuelans, resided in the country under irregular circumstances. The number of Venezuelans entering the country continued to increase, reaching more than 600,000 as of November, from fewer than 5,000 in 2015. The government created temporary residence permits for Venezuelans, enabling them to reside and work in the country legally. The government had granted temporary residence permits to approximately 92,000 Venezuelans who entered between February 2017 and September 2018. Local authorities reported approximately 694,000 Venezuelans entered from Ecuador between January and October. Of these Venezuelan entrants, 71 percent declared (over 491,000) their final destination was Peru and the remainder (over 202,000) departed for Chile, Argentina, and Uruguay.

Access to Asylum: The law provides for the granting of asylum or refugee status, and the government has established a system for providing protection to refugees. The government cooperated with UNHCR and recognized the Catholic Migration Commission as the official provider of technical assistance to refugees. The commission also advised citizens claiming a fear of persecution who sought asylum. The government provided protection to refugees on a renewable, year-to-year basis, in accordance with commission recommendations. Asylum requests continued to grow, from approximately 400 cases in 2015 to more than 130,000 as of September. Approximately 97 percent of the asylum requests during the year came from Venezuelan citizens.

Durable Solutions: The government does not have a resettlement program, but it received persons recognized as refugees in other nations and provided some administrative support toward their integration. UNHCR provided such refugees humanitarian and emergency aid, legal assistance, documentation, and, in exceptional cases, voluntary return and family reunification.

Temporary Protection: As of September, the government provided temporary protection to more than 130,000 individuals awaiting a decision on their refugee status. The government provided these individuals temporary residence permits and authorization to work.

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The Lessons of 1989: Freedom and Our Future