Afghanistan
Section 2. Respect for Civil Liberties, Including:
The constitution provides for freedom of speech, including for the press, but the government sometimes restricted this right.
Freedom of Expression: The law provides for freedom of speech, and the country has a free press. There were reports authorities at times used pressure, regulations, and threats to silence critics. Criticism of the central government was regular and generally free from restrictions, but criticism of provincial governments was more constrained, where local officials and power brokers exerted significant influence and authority to intimidate or threaten their critics, both private citizens and journalists. On April 30, a suicide bomber, wearing a media credentials badge and mixed in with reporters covering an earlier attack, killed nine reporters and photographers in Kabul. The bombing compounded a pattern of intimidation, harassment, beatings, shootings, and killings of journalists, by insurgent groups.
Press and Media Freedom: Independent media were active and expressed a wide variety of views. The Access to Information Law was amended during the year and received high ratings Transparency International. Implementation remained inconsistent and media reports consistent failure by the government to meet the requirements of the law. Government officials often restricted media access to government information or simply ignored requests. UNAMA, Human Rights Watch, and Reporters Without Borders report that the government has not fully implemented the Access to Information Law and journalists often do not receive access to information they seek. The head of Tolo News, reported that attacks, which killed journalists, had led to increased government restrictions, less access, and less support.
Journalists reported facing threats of violence from the internal conflict. Politicians, security officials, and others in positions of power at times threatened or harassed journalists because of their coverage. Human Rights Watch reported dozens of cases of violence against journalists by security forces, members of parliament, and other officials that the government failed to prosecute. According to news reports, NDS forces forcibly prevented four journalists from 1TV and Tamadon from investigating the bombing of a mosque in Herat on March 25.
Freedom of speech and an independent media were more constrained at the provincial level than in the capital, Kabul. Political and ethnic groups, including those led by former mujahedin leaders, financed many provincial media outlets and used their financial support to control the content. Some provinces had limited media presence altogether.
Print and online media continued to publish independent magazines, newsletters, newspapers, and websites. A wide range of editorials and dailies openly criticized the government. Still, there were concerns that violence and instability threatened journalists’ safety. Due to high levels of illiteracy, most citizens preferred broadcast to print or online media. A greater percentage of the population, including those in distant provinces, had access to radio.
Violence and Harassment: Government officials and private citizens used threats of violence to intimidate independent and opposition journalists, particularly those who spoke out against impunity, crimes, and corruption by powerful local figures. According to media reports, NDS forces beat several journalists covering a suicide bombing in Kabul on July 26 and intentionally destroyed their equipment in an effort to impede their reporting. Following the release of news reports detailing corruption involving a high-ranking government official, one media outlet reported threats against the journalist by the official’s security guards.
The Afghan Journalist Safety Committee (AJSC) reported 11 journalists killed in the first six months of the year. During the same period, the AJSC recorded 89 cases of violence against journalists, which included killing, beating, inflicting injury and humiliation, intimidation, and detention of journalists–a 22 percent increase from the first six months of 2017. Government-affiliated individuals or security forces were responsible for 36 instances of violence, approximately the same number as in 2017 when 34 cases were attributed to them. Instances of violence attributed to the Taliban and ISIS-K rose sharply by 70 percent over the same period in 2017–from 22 cases to 37 cases.
The Taliban continued to attack media organizations, including during their military offensive on Ghazni Province in August, when they reportedly burned a local radio station.
Increased levels of insecurity created a dangerous environment for journalists, even when they were not the specific targets of violence. Media organizations and journalists operating in remote areas were more vulnerable to threats, intimidation, and violence from insurgents, warlords, and organized criminals. During the year several journalists reported attacks by unknown gunmen connected, they claimed, to their coverage of powerful individuals. They also reported local governmental authorities were less cooperative in facilitating access to information.
In August 2016 the Office of the National Security Council approved a new set of guidelines to address cases of violence against journalists, but these guidelines have not been fully implemented. The initiative created a joint national committee in Kabul and separate committees in provincial capitals, a coordination center to investigate and identify perpetrators of violence against journalists, and a support committee run by the NDS to identify threats against journalists. Press freedom organizations reported that, although the committee met and referred cases to the Attorney General’s Office, it did not increase protection for journalists. In response to recent attacks on journalists, President Ghani announced the expansion of the Journalists Support Fund in October to assist family members of journalists killed in the line of duty.
Media advocacy groups reported that many female journalists worked under pseudonyms in both print and social media to avoid recognition, harassment, and retaliation. According to one group, there were no female journalists in nine provinces: Helmand, Nuristan, Uruzgan, Paktiya, Paktika, Zabul, Logar, Sar-e Pul, and Laghman.
Censorship or Content Restrictions: Media observers claimed journalists reporting on administrative corruption, land embezzlement, and local officials’ involvement in narcotics trafficking engaged in self-censorship due to fear of violent retribution by provincial police officials and powerful families. Journalists and NGOs reported that although the amended 2018 Access to Information Law provided an excellent regulatory framework, enforcement remained inconsistent and that noncompliant officials were rarely held accountable. A Kabul Press Club survey showed more than half of journalists were dissatisfied with the level of access to government information. An NGO supporting media freedom surveyed government offices and found that one-third did not have dedicated offices for providing information to the public.
Libel/Slander Laws: The penal code and the mass media law prescribe jail sentences and fines for defamation. Authorities sometimes used defamation as a pretext to suppress criticism of government officials.
National Security: Journalists complained government officials frequently invoked the national interest exception in the Access to Information law to avoid disclosing information.
Nongovernmental Impact: Some reporters acknowledged they avoided criticizing the insurgency and some neighboring countries in their reporting because they feared Taliban retribution. Insurgent groups coerced media agencies in insecure areas to prevent them from broadcasting or publishing advertisements and announcements of the security forces, entertainment programming, music, and women’s voices.
INTERNET FREEDOM
The government did not restrict or disrupt access to the internet, and there were no credible reports the government monitored private online communications without appropriate legal authority. According to the International Telecommunication Union, 11.4 percent of the population had internet access, mostly in urban areas, in 2017.
Media outlets and activists routinely used social media to discuss political developments, and Facebook was widely used in urban areas. The Taliban used the internet and social media to spread its messages. Internet usage remained relatively low due to high prices, a lack of local content, and illiteracy.
There were many reports during the year of Taliban attempts to restrict access to information, often by destroying or shutting down telecommunications antennae and other equipment.
ACADEMIC FREEDOM AND CULTURAL EVENTS
There were no government restrictions on academic freedom or cultural events.
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.
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. The government cooperated with the Office of the UN High Commissioner for Refugees, the International Organization for Migration, and other humanitarian organizations to provide protection and assistance to internally displaced persons, refugees, returning refugees, and other persons of concern. The government’s ability to assist vulnerable persons, including returnees from Pakistan and Iran, remained limited, and it continued to rely on the international community for assistance.
In-country Movement: The government generally did not restrict the right to freedom of movement within the borders of the country. Taxi, truck, and bus drivers reported security forces and insurgents sometimes operated illegal checkpoints and extorted money and goods from travelers. The greatest barrier to movement in some parts of the country was the lack of security. Social custom limited women’s freedom of movement without male consent or a male chaperone.
INTERNALLY DISPLACED PERSONS (IDPS)
Internal population movements increased during the year because of armed conflict and an historic drought. Nearly 470,000 individuals were internally displaced from January 1 to September 9. The 250,000 displacements caused by severe drought surpassed by approximately 30,000 the number of those displaced by conflict during the year. Most IDPs left insecure rural areas and small towns to seek relatively greater safety and government services in larger towns and cities in the same province. All 34 provinces hosted IDP populations.
Limited humanitarian access because of the deteriorating security situation caused delays in identifying, assessing, and providing timely assistance to IDPs, who continued to lack access to basic protection, including personal and physical security and shelter. Many IDPs, especially in households with a female head, faced difficulty obtaining basic services because they did not have identity documents. Many IDPs in urban areas reportedly faced discrimination, lacked adequate sanitation and other basic services, and lived in constant risk of eviction from illegally occupied displacement sites, according to the Internal Displacement Monitoring Center. Women in IDP camps reported high levels of domestic violence. Limited opportunities to earn a livelihood following the initial displacement often led to secondary displacement, making tracking of vulnerable persons difficult. Even IDPs who had access to local social services sometimes had less access than their non-IDP neighbors, due to distance from the services or other factors.
PROTECTION OF REFUGEES
Access to Asylum: The country is a signatory to the 1951 Convention relating to the Status of Refugees and its 1967 Protocol, which guarantee protection of refugees, including nonrefoulement. The Office of the UN High Commissioner for Refugees registers, and mitigates protection risks of, approximately 500 refugees in urban areas throughout the country. Although the government has not adopted a draft national refugee law and asylum framework, it allows refugees and asylum-seekers access to education and health care.
Durable Solutions: The government did not officially accept refugees for resettlement, offer naturalization to refugees residing on its territory, or assist in their voluntary return to their homes. Registered refugee returns from Pakistan and Iran slowed to historically low levels during the year, with just 12,052 returns as of September 8, 75 percent less than the same period in 2017 when 48,055 Afghan refugees returned. The International Organization for Migration reported a significant increase in unregistered returnees during the year, with 545,708 in total as of September 8, due in large part to drought and the decline in value of the Iranian rial.
On June 16, the government announced its decision to join the Comprehensive Refugee Response Framework as a country of origin. Through its Displacement and Returnees Executive Committee, the government continued to develop policies to promote the inclusion of returnees and IDPs in national programs and to ensure dignified, voluntary repatriations and reintegration.
STATELESS PERSONS
NGOs noted the lack of official birth registration for refugee children as a significant challenge and protection concern, due to the risk of statelessness and potential long-term disadvantage.
Albania
Section 2. Respect for Civil Liberties, Including:
The constitution provides for freedom of expression, including for the press, and the government generally respected these rights. There were reports that the government, business, and criminal groups sought to influence the media in inappropriate ways.
Press and Media Freedom: Independent media were active and expressed a wide variety of viewpoints, although there were efforts to exert direct and indirect political and economic pressure on the media, including by threats and violence against journalists who tried to investigate crime and corruption. Business owners freely used media outlets to gain favor and promote their interests with political parties. Most owners of private television stations used the content of their broadcasts to influence government action toward their other businesses. Political pressure, corruption, and lack of funding constrained independent print media, and journalists reportedly practiced self-censorship. Economic insecurity due to a lack of enforceable labor contracts reduced reporters’ independence and contributed to bias in reporting. The Albanian Journalists Union continued to report significant delays in salary payments to reporters at most media outlets, in some instances of up to 10 months. Financial problems led some journalists to rely more heavily on outside sources of income, leading to questions of integrity.
NGOs maintained that professional ethics were a low priority for some of the estimated 700-plus news portals in the country, raising concerns over the spread of false news stories that benefited specific financial or political interests. The dramatic growth in online media outlets provided a diversity of views.
In its annual Media Sustainability Index (MSI), the International Research and Exchanges Board indicated that free speech, plurality of news sources, and supporting institutions experienced a slight increase, but professionalism and business management decreased. Economic crisis and management practices in Albanian media have reduced finances and the quality of reporting in media outlets. The MSI noted that strain on media finances has led to cutbacks in newsrooms and has fostered self-censorship.
The independence of the Audiovisual Media Authority, the regulator of the broadcast media market, remained questionable, but the role of the authority remained limited.
Violence and Harassment: There were multiple reports of violence and intimidation against members of the media, and political and business interests subjected journalists to pressure.
On August 30, an unknown assailant shot 10 times at the home of crime reporter Klodiana Lala’s parents. No injuries were reported, but Lala’s two daughters were in the home at the time of the attack. Lala often reported on organized crime and law enforcement matters, including judicial reform. In a Facebook post after the attack, Lala stated she believed the attack was linked to her reporting. Police were investigating the attack.
In September the chair of the Union of Albanian Journalists stated that 12 journalists had filed asylum requests in EU member states, citing threats due to their jobs.
Censorship or Content Restrictions: Journalists often practiced self-censorship to avoid violence and harassment and as a response to pressure from publishers and editors seeking to advance their political and economic interests. A 2015 survey by the Balkan Investigative Reporting Network (BIRN) Albania, an organization that focuses on investigative journalism, found that large commercial companies and important advertisers were key sources of pressure. A study published by the Union of Albanian Journalists in April cited censorship and self-censorship as leading problems for journalists.
Libel/Slander Laws: The law permits private parties to file criminal charges and obtain financial compensation for insult or deliberate publication of defamatory information. NGOs reported that the fines, which could be as much as three million leks ($27,800), were excessive and, combined with the entry of a conviction into the defendant’s criminal record, undermined freedom of expression. In April the Union of Albanian Journalists expressed concern that during the first four months of the year, judges and politicians had initiated 14 lawsuits against journalists.
In 2017 a member of the High Council of Justice, Gjin Gjoni, filed defamation lawsuits against two BIRN journalists and two journalists of the daily Shqiptarja.com for their coverage of his asset declaration, which prosecutors were investigating. Gjoni was seeking seven million leks ($64,800) from BIRN and four million leks ($37,000) from Shqiptarja.com, claiming the stories damaged his reputation. After several hearings, the court ruled in March to drop the Shqiptarja case because Gjoni and his lawyers had failed to appear at five of the 11 hearings. In June the court dismissed the case against BIRN. Gjoni appealed both decisions and the cases are pending.
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 Authority for Electronic and Postal Communications decreed on October 15 that 44 media web portals had 72 hours to obtain a tax identification number and publish it on their web pages or the government would shut them down. The list included several investigative news sites, including BIRN. At year’s end, the government had not shut down noncompliant portals.
According to March data from Internet World Stats, approximately 66 percent of the population used the internet.
ACADEMIC FREEDOM AND CULTURAL EVENTS
There were no government restrictions on academic freedom or cultural events.
The constitution and law provide for the freedoms of peaceful assembly and association, and the government generally respected these rights.
c. Freedom of Religion
See the Department of State’s International Religious Freedom Report at www.state.gov/religiousfreedomreport/.
The constitution and law provide for freedom of internal movement, foreign travel, emigration, and repatriation, and the government generally respected these rights.
The government cooperated with the Office of the UN High Commissioner for Refugees (UNHCR) and other humanitarian organizations in providing protection and assistance to refugees, returning refugees, asylum seekers, stateless persons, and other persons of concern. Police allowed UNHCR, the Office of the Ombudsman, and the NGO Caritas to monitor the processing, detention, and deportation of some migrants, especially in southern Albania.
Abuse of Migrants, Refugees, and Stateless Persons: UNHCR reported a few cases of police intimidation and reluctance to accept requests for asylum. UNHCR received only one report of violence. It shared the report with the government, which took measures to address the complaint.
Authorities often detained irregular migrants who entered the country. As of August 23, authorities had detained approximately 67 migrants, mostly at the country’s southern border with Greece; most of those who did not request asylum were deported to Greece within 24 hours. Migrants detained further inland could spend several weeks at the Karrec closed migrant detention facility awaiting deportation. UNHCR reported that conditions at the Karrec center were unsuitable, particularly for families and children.
Through July, the Ministry of Interior reported there were 2,328 asylum seekers, including 184 boys and 105 girls, in the National Center for Asylum Seekers in the Babrru open detention center. UNHCR reported there were 2,947 asylum seekers in total through August, more than 50 percent of all migrants tracked passing through the country.
In-country Movement: To receive government services, individuals changing place of residence within the country must transfer their civil registration to their new community and prove the legality of their new domicile through property ownership, a property rental agreement, or utility bills. Many persons could not provide proof and thus lacked access to public services. Other citizens, particularly Roma and Balkan-Egyptians, lacked formal registration in the communities where they resided. The law does not prohibit their registration, but it was often difficult to complete. Many Roma and Balkan-Egyptians lacked the financial means to register, and many lacked the motivation to go through the process.
PROTECTION OF REFUGEES
Access to Asylum: The law provides for granting asylum or refugee status, and the government has established a system for providing protection to refugees.
There were credible reports from NGOs, migrants, and asylum seekers that authorities did not follow due process procedures for some asylum seekers and that in other cases those seeking asylum did not have access to the system. UNHCR, Caritas, and the Office of the Ombudsman were critical of the government’s migrant screening and detention procedures. There were reports of border police pushing migrants back into Greece.
The law on asylum requires authorities to grant or deny asylum within 51 days of an applicant’s initial request. Under the law, asylum seekers cannot face criminal charges of illegal entry if they contact authorities within 10 days of their arrival in the country. UNHCR reported that the asylum system lacked effective monitoring.
Safe Country of Origin/Transit: The law prohibits individuals from safe countries of origin or transit from applying for asylum or refugee status. UNHCR reported, however, that no asylum requests had been refused based on the government’s list of safe countries, which included Greece.
Employment: The law permits refugees to work. The limited issuance of refugee identification cards and work permits, however, meant few refugees had employment opportunities.
Access to Basic Services: The law provides migrants, asylum seekers, and refugees access to public services, including education, health care, housing, law enforcement, courts and judicial procedures, and legal assistance. Migrants and asylum seekers often required the intervention of UNHCR or local NGOs to secure these services.
STATELESS PERSONS
The government does not have reliable data regarding the total number of stateless persons or persons at risk of statelessness in the country.
In July, UNHCR and its partner, the Tirana Legal Aid Society, published a report mapping the population at risk of statelessness in the country. The report identified 1,031 persons at risk of statelessness, 97 percent of whom were children. The report concluded that most of those at risk of statelessness were entitled to nationality under the law on citizenship, but exercising this right was difficult. Most of the persons at risk were Roma or Balkan-Egyptian children. Unregistered children born abroad to returning migrant families were at risk of statelessness, although the law affords the opportunity to obtain nationality.
Algeria
Section 2. Respect for Civil Liberties, Including:
The constitution provides for freedom of speech and press, and independent media outlets regularly criticized and satirized government officials and policies, but the government on some occasions restricted these rights. The government’s actions included harassment of some critics; arbitrary enforcement of vaguely worded laws; informal pressure on publishers, editors, advertisers, and journalists; and control of an estimated 20 percent of the country’s advertising money and printing capabilities. Some media figures alleged the government used its control over most printing houses and large amounts of public sector advertising preferentially, and that the lack of clear regulations over these practices permitted it to exert undue influence on press outlets.
Freedom of Expression: While public debate and criticism of the government were widespread, journalists and activists believed they were limited in their ability to criticize the government publicly on topics crossing unwritten “red lines.” Authorities arrested and detained citizens for expressing views deemed damaging to state officials and institutions, and citizens practiced self-restraint in expressing public criticism. The law criminalizing speech about security force conduct during the internal conflict of the 1990s remained in place, although the government said there had never been an arrest or prosecution under the law. A separate law provides for up to three years’ imprisonment for publications that “may harm the national interest” or up to one year for defaming or insulting the president, parliament, army, or state institutions. Government officials monitored political meetings.
Nongovernmental organizations (NGO’s) reported during the year that following suppression of public activities in years past, they no longer hold events outside of private locations. They also report that owners of public gathering spaces have been told not to rent their locations to certain NGOs.
Press and Media Freedom: The National Agency for Publishing and Advertising (ANEP) controls public advertising for print media. According to the NGO Reporters without Borders, private advertising existed but frequently came from businesses with close links to the ruling political party. Although ANEP said in September that it represented only 19 percent of the total advertising market, nongovernmental sources assessed the majority of daily newspapers depended on ANEP-authorized advertising to finance their operations. ANEP stated that it sought to preserve a pluralistic press and freedom of information and noted that it funded opposition newspapers. The government’s lack of transparency over its use of state-funded advertising, however, permitted it to exert undue influence over print media.
Police arrested blogger Merzoug Touati in January 2017 on charges stemming from his online publication of an interview with a former Israeli diplomat. In May a court sentenced him to 10 years in prison.
Many civil society organizations, government opponents, and political parties had access to independent print and broadcast media and used them to express their views. Opposition parties also disseminated information via the internet and published communiques but stated they did not have access to the national television and radio. Journalists from independent print and broadcast media expressed frustration over the difficulty of receiving information from public officials. With the exception of several daily newspapers, the majority of print media outlets relied on the government for physical printing materials and operations.
Organizations wishing to initiate regular publications must obtain authorization from the government. The law requires the director of the publication to hold Algerian citizenship. The law additionally prohibits local periodicals from receiving direct or indirect material support from foreign sources.
In September the Ministry of Communication stated there were 268 accredited written publications. Of the daily printed publications, the ministry stated six were state-operated.
The ministry’s Media Directorate is responsible for issuing and renewing accreditations to foreign media outlets operating in the country. Although this accreditation is required to operate legally, the vast majority of foreign media were not accredited. While the government tolerated their operations in the past, the Ministry of Communication said in 2016 it would limit the number of private satellite channels to 13 and foreign-based unaccredited television outlets would be shut down. Regulations require the shareholders and managers of any radio or television channel to be Algerian citizens and prohibit them from broadcasting content that offends “values anchored in Algerian society.”
The ministry also issues and renews accreditation of foreign correspondents reporting in the country. According to the ministry, there were 14 accredited foreign press agencies reported during the year. In addition, six private domestic television channels, 12 foreign broadcasting channels, and one foreign radio station–the BBC–operated throughout the year.
The law mandates that online news outlets must inform the government of their activities but does not require them to request authorization to operate.
Censorship or Content Restrictions: Some major news outlets faced direct and indirect retaliation for criticism of the government. Press outlets report taking extra caution before publishing articles critical of the government or government officials for fear of losing revenue from ANEP.
During a media interview, Omar Belhouchet, the editor of El Watan, an independent daily newspaper, said that media companies self-censor regarding certain topics. According to Belhouchet, the government has a monopoly on advertising that it uses to punish those who criticize the government and thus, weakens freedom of expression.
Libel/Slander Laws: NGOs and observers criticized the law on defamation as vaguely drafted and said the definitions in the law failed to comport with internationally recognized norms. The law defines defamation as “any allegation or imputation of a fact offending the honor or consideration of a person, or of the body to which the fact is imputed.” The law does not require that the fact alleged or imputed be false or that the statement be made with malicious intent to damage another individual’s reputation. Defamation is not a crime but carries a fine ranging from 100,000 Algerian dinars (DZD) to DZD 500,000 ($850 to $4,252). The Ministry of Justice did not provide information on the percentage of defamation claims that originated from private citizens, as opposed to government officials. Defamation laws specify that former members of the military who make statements deemed to have damaged the image of the military or to have “harmed the honor and respect due to state institutions” may face prosecution.
Printed editions of the monthly news magazine Jeune Afrique have not been available in the country since April 23. At the end of March, the distributor received a notification from the Ministry of Communication to stop importing Jeune Afrique and other titles published by Jeune Afrique Media Group (The Africa Report and La Revue). The Ministry authorized the import of only 350 copies of Jeune Afriquefor delivery to various institutions. Jeune Afrique online remained available.
The law criminalizes statements denigrating Islam or insulting the Prophet Muhammed or “messengers of God.” In 2016 police in Setif arrested Slimane Bouhafs, a Christian convert, for posting statements on his Facebook page questioning the morals of the Prophet Muhammed. A court sentenced him to five years in prison, plus a DZD 100,000 ($850) fine. His sentence was subsequently reduced to three years in prison, and he was released in April.
INTERNET FREEDOM
The government monitored certain email and social media sites.
Internet users regularly exercised their right to free expression and association online, including through online forums, social media, and email. Activists reported that some postings on social media could result in arrest and questioning; observers widely understood that the intelligence services closely monitored the activities of political and human rights activists on social media sites, including Facebook.
The law on cybercrime establishes procedures for using electronic data in prosecutions and outlines the responsibilities of Internet Service Providers (ISPs) to cooperate with authorities. Under the law, the government may conduct electronic surveillance to prevent terrorist or subversive acts and infractions against state security, pursuant to written authorization from a competent judicial authority.
By law ISPs face criminal penalties for the material and websites they host, especially if subject matters are “incompatible with morality or public opinion.” The Ministries of Justice, Interior, and Post, Information Technology, and Communication have oversight responsibilities. The law provides sentences of six months to five years in prison and fines between DZD 50,000 and DZD 500,000 ($425 and $4,252) for users who do not comply with the law, including the obligation to cooperate with law enforcement authorities against cybercrime.
For a second year, the government blocked access to social media sites, including Facebook and Twitter, for several days during nationwide high school exams. The decision was in response to previous leaks of exam materials, which were posted on social media.
According to the International Telecommunication Union, 45 percent of the population used the internet in 2017.
ACADEMIC FREEDOM AND CULTURAL EVENTS
Academic seminars generally occurred with limited governmental interference. The Ministry of Culture reviewed the content of films before they could be shown, as well as books before importation. The Ministry of Religious Affairs did the same for all religious publications. The law gives the authorities broad power to ban books that run counter to the constitution, “the Muslim religion and other religions, national sovereignty and unity, the national identity and cultural values of society, national security and defense concerns, public order concerns, and the dignity of the human being and individual and collective rights.” It further prohibits books that “make apology for colonialism, terrorism, crime, and racism.”
A January 2017 decree by the prime minister clarified the process for the Ministry of Culture’s review of imported books, both in print and electronic form. According to the decree, importers must submit to the ministry the title, author’s name, editor’s name, edition, year, International Standard Book Number, and number of copies to be imported. Importers of books covering the “national movement and the Algerian Revolution” must submit the entire text of the books for review, including a secondary review by the Ministry of the Moudjahidine (veterans of the Revolution). The Ministry of Culture can also require a full content review of books on other topics if it chooses. The ministry has 30 days to review the importation application; in the absence of a response after 30 days, the importer may proceed with distribution of the publication. After making a determination, the ministry notifies the customs service of the decision to allow or ban the importation of the publication. Appeals may be made to the ministry, with no independent or judicial review provided for in the decree.
A January 2017 decree established a commission within the Ministry of Religious Affairs to review imports of the Quran. This decree requires all applications to include a full copy of the text and other detailed information. The ministry has three to six months to review the text, with the absence of a response after that time constituting a rejection of the application. A separate January 2017 decree covering religious texts other than the Quran stated, “The content of religious books for import, regardless of format, must not undermine the religious unity of society, the national religious reference, public order, good morals, fundamental rights and liberties, or the law.” The importer must submit the text and other information, and the ministry must respond within 30 days. A nonresponse after this period of time is considered a rejection. Religious texts distributed without authorization may be seized and destroyed.
On May 14, local authorities prohibited a gathering by novelist Hiba Tayda in Tizi Ouzou. Local authorities refused the follow on request for another event.
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.
c. Freedom of Religion
See the Department of State’s International Religious Freedom Report at www.state.gov/religiousfreedomreport/.
The constitution provides for freedom of internal movement, foreign travel, emigration, and repatriation, but the government restricted the exercise of this right.
The government generally cooperated with the UN High Commissioner for Refugees (UNHCR) and other humanitarian organizations in providing protection and assistance to refugees, asylum seekers, and other persons of concern.
Abuse of Migrants, Refugees, and Stateless Persons: In June the Associated Press (AP) reported that the government had forced an estimated 13,000 migrants over the previous 14 months to walk from Guezzam, Algeria, to Assamakka, Niger as part of the repatriation process. According to AP reports, some migrants died during the 20-kilometer desert march.
In-country Movement: The constitution provides citizens “the right to freely choose their place of residence and to move throughout the national territory.” The government requires that foreign diplomats and private sector personnel have armed security escorts from the government should members of these groups travel outside of Algiers wilaya (province), El-Oued, and Illizi, near hydrocarbon industry installations and the Libyan border, respectively. Citing the threat of terrorism, the government also prevented overland tourist travel between the southern cities of Tamanrasset, Djanet, and Illizi. Newspapers reported that the government restricted foreign tourists from traveling through trails in Tassili and Hoggar, as well as certain areas in and around Tamanrasset, due to security concerns.
Foreign Travel: The constitution states that the right to enter and exit the country is provided to citizens. The law does not permit those under age 18 to travel abroad without a guardian’s permission. Married women under 18 may not travel abroad without permission from their husbands, but married women older than 18 may do so. The government did not permit young men eligible for the draft who had not completed their military service to leave the country without special authorization. The government granted such authorization to students and persons with special family circumstances.
PROTECTION OF REFUGEES
According to UNHCR’s March report on Sahrawi refugees in Tindouf, the government protected a significant number of refugees in five camps in Tindouf and a smaller urban refugee population, primarily in Algiers. The report noted the refugee population included Syrians, (an estimated 85 percent), Yemenis, Congolese, Ivoirians, Palestinians, Malians, Central Africans, and other nationalities. UNHCR, the World Food Program (WFP), UNICEF, the Algerian Red Crescent, the Sahrawi Red Crescent, and other organizations assisted Sahrawi refugees. The government said that a drop in aid from international donors led to worsening conditions for Sahrawi refugees, and that it had increased its own contributions as a result.
Refoulement: The government provided some protection against the expulsion or return of refugees to countries where their lives or freedom would be threatened because of their race, religion, nationality, membership in a particular social group, or political opinion. Since the outbreak of violence in northern Mali in 2012, international observers reported an influx of individuals into Algeria across the Malian border inconsistent with traditional migratory movements. During the year, the government deported migrants to Mali.
According to the International Organization for Migration (IOM), the government repatriated 35,113 Nigeriens (including 16,478 women and children) from December to August, pursuant to a bilateral agreement at the request of the Nigerien government. Various international humanitarian organizations and observers criticized the operations, citing unacceptable conditions of transport, primarily on the Niger side of the border, and what they described as a lack of coordination among the Algerian Red Crescent, the government of Niger, and the Red Cross of Niger. The National Human Rights Committee (CNDH) said the government had dedicated $12 million to ensure the human rights of migrants during repatriation operations (to include accommodation, food, clothing, health care, medicines, and transportation). The repatriations were conducted in coordination with consular officials from the countries of origin of the migrants, but the migrants were not permitted to challenge their removal. The government said that it maintained a policy of not removing migrants registered with UNHCR, and that in a few cases it worked with UNHCR to return registered refugees who were mistakenly removed.
According to a 2018 report by the IOM, Algeria has expelled 35,600 Nigeriens to Niger since 2014–more than 12,000 in 2018–as well as more than 8,000 migrants from other African countries.
Access to Asylum: While the law provides generally for asylum or refugee status, the government has not established a formal system through which refugees can request asylum. There were no reports that the government granted refugee status and asylum to new refugee applicants during the year. According to UNHCR, the government did not accept UNHCR-determined refugee status for individuals. UNHCR offices in Algiers reported an estimated 200 to 300 asylum requests per month, mostly from Syrian, Palestinian, and sub-Saharan African individuals coming from Mali, Guinea, Central African Republic, Cote d’Ivoire, and the Democratic Republic of the Congo (DRC). Those determined by UNHCR to have valid refugee claims were primarily from the DRC, Cote d’Ivoire, Iraq, and the Central African Republic. There was no evidence of any pattern of discrimination toward asylum applicants, but the lack of a formal asylum system made this difficult to assess.
UNHCR registered more than 10,000 Syrians, but fewer than 7,000 remained registered with UNHCR as of September. The Algerian Red Crescent, which is subordinate to the Ministry of Solidarity, maintained “welcome facilities” that provided food and shelter for those Syrians without means to support themselves. The facilities were located in Sidi Fredj. The government did not grant UNHCR access to these reception centers but reported that by 2016 most Syrians no longer used the centers.
The Ministry of Interior reported in March to a Senate session that approximately 500 illegal migrants try to enter the country daily along the country’s southern borders.
Employment: The government does not formally allow refugee employment; however, many worked in the informal market and were at risk of labor exploitation due to their lack of legal status in the country. Other migrants, asylum seekers, and Malians and Syrians who had a “special status” with the government, relied largely on remittances from family, the support of local family and acquaintances, and assistance from the Algerian Red Crescent and international aid organizations.
Access to Basic Services: UNHCR provided registered refugees with modest food assistance and lodging support. Sahrawi refugees lived predominantly in five camps near the city of Tindouf, administered by the Popular Front for the Liberation of the Saguia el Hamra and Rio de Oro (Polisario). The Polisario (through the Sahrawi Red Crescent Society), UNHCR, WFP, UNICEF, and partner NGOs provided basic services including food aid, primary health care, and primary and secondary education, while the government invested heavily in developing the camps’ infrastructure and also provided free secondary and university educations, as well as advanced hospital care, to Sahrawi refugees. The remote location of the camps and lack of government presence resulted in a lack of access by police and courts. Other refugees, asylum seekers, and migrants had access to free public hospitals, but independent NGOs reported instances of migrants turned away.
School administrators must allow migrant and refugee children to enroll in primary school through high school and require only that they present their passport and documentation showing their level of schooling from their home country. International organizations reported some children had trouble in their attempts to integrate into the educational system but that migrants’ access to education was improving, particularly in the north of the country. These organizations reported that migrant parents were often reluctant to enroll their children in Algerian schools due to language barriers or cultural differences. NGOs also indicated that some migrants were denied treatment at healthcare facilities.
Durable Solutions: The government did not accept refugees from foreign countries for resettlement. The Sahrawi refugees had not sought local integration or naturalization during their 40-year stay in the refugee camps near Tindouf, and the Polisario Front continued to call for a referendum on independence in Western Sahara.
Temporary Protection: The law does not address formal temporary protection, but authorities provided informal, temporary protection to groups such as Syrians and Malians.
Angola
Section 2. Respect for Civil Liberties, Including:
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.
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.
c. Freedom of Religion
See the Department of State’s International Religious Freedom Report at www.state.gov/religiousfreedomreport/.
The constitution and law provide for freedom of internal movement, foreign travel, emigration, and repatriation. The government at times restricted these rights.
The government sometimes 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, or other persons of concern. As of November 16, UNHCR reported that security forces expelled or voluntarily repatriated an estimated 450,000 irregular migrants. The overwhelming majority of these individuals were Congolese whom authorities expelled or voluntarily repatriated to the Kasai region of the Democratic Republic of Congo (DRC). On October 25, the UN High Commissioner for Human Rights criticized the government for creating a humanitarian crisis due to the massive influx of people crossing into the unstable Kasai region of the DRC. UNHCR reported that security forces refouled 2,200 registered Congolese refugees as part of the expulsions or voluntarily repatriations. There were other reports throughout the year that Lunda Norte provincial authorities exerted pressure on irregular migrants and refugees to return to the DRC. The government failed to provide adequate protection for asylum seekers and urban refugees.
Abuse of Migrants, Refugees, and Stateless Persons: On September 25, security forces began Operation Transparency, a security campaign directed at irregular migrants working in the diamond-mining region in the northern part of the country. The operation resulted in the expulsion or voluntary repatriation of an estimated 450,000 Congolese irregular migrants and smaller numbers of primarily West African migrants from the country. Multiple sources report security forces committed abuses against these migrants during the campaign.
On November 6, security forces began the nationwide campaign Operation Rescue, a nationwide law enforcement campaign focused on addressing criminality and unlicensed commercial activity. Following a 2016 visit, the UN special rapporteur on the human rights of migrants, Francois Crepeau, issued a report criticizing the government for its lack of adequate protections for refugees, asylum seekers, and migrants. Crepeau cited government failure to implement key elements of the 2015 asylum law, which had the effect of impeding refugee and asylum seekers’ access to basic services and documents, such as birth certificates for children of foreign-born parents. NGOs working with refugee and asylum-seeker populations continued to cite security force harassment of and state discrimination against those communities. At year’s end the asylum law remained unimplemented.
In-country Movement: Police maintained roadside checkpoints throughout the country. Reports by local NGOs suggested some police officers extorted money from civilians at checkpoints and during regular traffic stops. Reports from the diamond mining provinces of Lunda Norte and Lunda Sul indicated some government agents restricted the movements of local communities.
PROTECTION OF REFUGEES
In 2017 more than 32,000 Congolese, primarily women and children, fled the Kasai region of the DRC and sought refuge in Lunda Norte Province. During the early days of the refugee influx, the government was the sole provider of life-saving assistance, including food and medical care. The government generally cooperated with UNHCR, the World Food Program, and NGOs to protect and assist the community. At year’s end, however, the government had not formally granted the Kasai refugees prima facie status, despite repeated requests from UNHCR.
Refoulement: On November 16, UNHCR reported the government had forcibly returned 2,200 registered Congolese refugees since the beginning of Operation Transparency on September 25. On February 25-27, the government forcibly returned 52 registered and 480 unregistered Congolese refugees, including 217 children, to the Kasai region of the DRC despite continued reports of violence and inadequate humanitarian conditions in that region. Congolese provincial government leaders made several visits to Lunda Norte during the year and reportedly pressured refugees to return to the DRC.
Access to Asylum: The law provides for the granting of asylum or refugee status, but the law did not function during the year. The 2015 asylum law provides specific procedures for the submission of an asylum application and guidance on the determination of asylum and refugee cases. UNHCR and several NGOs reported that asylum seekers and urban refugees did not have a mechanism to apply for or resolve their status. The 2015 law changed the role of the Committee for the Recognition of the Right to Asylum, the prior implementing mechanism to identify, verify, and legalize asylum seekers, to that of an advisory board; however, at year’s end the government had not put into practice an alternative mechanism to adjudicate asylum and refugee cases in the committee’s place. The law also established the creation of reception centers for refugees and asylum seekers where they are to receive assistance until the government makes a decision on their cases.
Freedom of Movement: UNHCR, NGOs, and refugees themselves reported restrictions on freedom of movement in Lunda Norte Province. Police arbitrarily arrested or detained refugees and confiscated their registration documents during periodic round ups, particularly in Dundo, the provincial capital. Refugees also reported periodic restrictions on freedom of movement from their resettlement site in Lovua, Lunda Norte Province.
Employment: Formal restrictions on a refugee’s ability to seek employment existed. Regulation 273/13 restricted refugees from obtaining the mandatory business license required to own and operate a business. Refugees often faced difficulty obtaining employment due inability to obtain legal documents required to work in the formal sector. A general lack of acceptance of the refugee card and lack of knowledge concerning the rights it was intended to safeguard compounded the difficulties.
Access to Basic Services: Persons with recognized refugee status could at times obtain public services. UNHCR, NGOs, and refugees, however, reported that urban refugees in particular were unable to obtain legal documents following passage of the asylum law and at times faced difficulty accessing public services such as health care and education. Corruption by officials compounded these difficulties.
Argentina
Section 2. Respect for Civil Liberties, Including:
The constitution provides for freedom of speech, including for the press, and the government generally respected this right.
Press and Media Freedom: Independent media were active and expressed a wide variety of views without restriction. There were reports of media outlet shutdowns and staff dismissals during the year, primarily due to economic concerns. Media observers noted the closures mainly affected outlets that were maintained artificially through public funding mechanisms from the previous administration. On June 26, 350 employees of state news agency Telam were terminated, representing approximately 40 percent of the organization’s workforce. Some viewed the dismissals as a political attempt to shape the outlet’s editorial line, as the agency cited the alleged political polarization of employees hired under prior administrations as one of the reasons for the downsizing.
Violence and Harassment: There were reports of physical attacks, threats, and harassment against journalists in relation to their reporting, most of which covered protests.
On October 11, unknown assailants set fire to the car of in radio journalist Enrique Nicolini in La Rioja Province. Nicolini believed the attack was related to his coverage of financial corruption. No arrests had been made in the case, and an investigation was ongoing at year’s end.
The Argentine Journalism Forum reported 29 physical attacks against journalists as of October, a decline compared with the previous year.
On March 8, a criminal court in the city of Cordoba sentenced a former police chief to two and one-half years’ imprisonment for repeated threats against journalist Dante Leguizamon in 2014. Press organizations characterized the sentence as an important judicial validation of press freedoms.
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. The International Telecommunication Union reported that 76 percent of citizens 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. 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.
c. Freedom of Religion
See the Department of State’s International Religious Freedom Report at www.state.gov/religiousfreedomreport/.
The constitution 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 refugees, asylum seekers, and other persons of concern.
Local NGOs continued to express concern that government reforms to immigration law, passed in January 2017, introduced barriers to migrant admission, complicated obtaining legal residency, accelerated deportation procedures, and restricted access to citizenship.
On June 30, the National Migration Office reported 70,000 Venezuelan migrants arrived in the country over the first semester of the year, constituting 25 percent of total residence permits granted by immigration authorities, an increase of 320 percent over 2016.
PROTECTION OF REFUGEES
Access to Asylum: The law provides for the granting of refugee status, and the government has established a system for providing protection to refugees. Decisions on asylum petitions may take up to two years to adjudicate.
The National Migration Office reported that under a humanitarian visa program for Syrians inaugurated in 2016, as of the end of 2017, authorities had resettled 318 Syrians in the country.
Armenia
Section 2. Respect for Civil Liberties, Including:
The constitution and law provide for freedom of expression, including for the press. Before the “velvet revolution,” the government exerted economic pressure on media outlets for favorable and uncritical coverage. Broadcast and many large-circulation print media generally practiced self-censorship, expressing views sympathetic to their owners or advertisers–a mix of government officials and wealthy business people. Small-circulation print and online media outlets tended to be more critical.
There were several instances of violence against journalists in connection with their coverage of the protests leading to the “velvet revolution.” After the May change in government, the media environment became more free as some outlets began to step away from self-censorship; however, some still refrained from critical comments of the new government not to appear “counterrevolutionary.” Many traditional and online media continued to lack objective reporting that would not reflect the political, economic, and other sympathies of the given outlet.
Freedom of Expression: Individuals were free to criticize the government in private and online without fear of arrest. On June 18, however, Prime Minister Pashinyan posted on Facebook a comment denouncing as “antistate” propaganda carried by some television stations. While he did not mention any specific channels, according to some media watchdogs, the statement had a chilling effect on the media climate (see section 3).
Press and Media Freedom: Broadcast and larger-circulation print media generally lacked diversity of political opinion and objective reporting. Private individuals or groups owned most broadcast media and newspapers, which tended to reflect the political leanings and financial interests of their proprietors. Broadcast media, particularly public television, remained one of the primary sources of news and information for the majority of the population. According to some media watchdogs, public television continued to present news from a progovernment standpoint, even after the “velvet revolution,” replacing one government perspective with the other.
Social media users freely expressed opinions about the new government and former authorities on various social media platforms. Use of fake social media accounts and attempts to manipulate the media, however, increased dramatically after the “velvet revolution.” According to media watchdogs, individuals used manipulation technologies, including hybrid websites, controversial bloggers, “troll factories,” fake Facebook groups and fake stories, to attack the government. In one example, a video circulated on September 17 supposedly showing Minister of Health Arsen Torosyan calling himself “crazy” and “absolutely abnormal.” The Union of Informed Citizens media watchdog published a document alleging the video was fake because of several inconsistencies in the video.
The country’s few independent media outlets, mostly online, were not self-sustainable and survived through international donations, with limited or no revenues from advertising.
The media advertising market did not change substantially after the “velvet revolution” and key market players remained the same. According to a 2016 report by the Armenian Center for Political and International Studies, the advertising sales conglomerate Media International Services (MIS) controlled 74 percent of the country’s television advertisement gross value, with exclusive rights to sell advertising on the country’s five most watched channels. Another company, DG Sales, was majority owned by MIS shareholders and controlled more than one-third of the online commercial market, operating in a manner similar to MIS.
Media company ownership was mostly nontransparent.
The March 23 law governing the structure and activities of government envisions that government sessions would be held behind closed doors; this restriction, however, was removed soon after Nikol Pashinyan’s government took office. Along the same lines, the City of Yerevan attempted to restrict the access of media outlets to municipal hearings, but the move was widely criticized and never materialized.
Violence and Harassment: There were several cases of violence and professional intimidation against journalists during the April protests that led to the change in government. An estimated 22 reporters and camera operators were abused by police during April 13-23. While using cameras to film the protests and arrests, several reporters were assaulted by police officers. There were cases in which police damaged reporters’ equipment to prevent them from filming. Reporters also were injured by police using special means, such as stun grenades and nonlethal weapons. A number of media representatives reported being attacked by police in plain clothes. A total of 11 criminal cases were filed in connection with the incidents; charges were brought in five of the cases, and three cases ultimately ended up in court.
On April 14, a group of demonstrators led by then opposition MP Nikol Pashinyan broke into the Public Radio building, demanding coverage of their protest. The protesters broke one of the studio doors and seized key radio studios. The criminal charge of organizing mass disorders was later dropped.
In February, MediaLab.am founder and editor Marianna Grigoryan received death threats on social media after publishing a satirical cartoon mocking then defense minister Vigen Sargsyan. The user sending the threats was identified as a former defense serviceman. The international community and media watchdogs expressed concerns over these threats and demanded those responsible be held accountable. The Prosecutor General’s office initiated criminal proceedings on February 6 and forwarded the case to the investigative committee for an inquiry. At year’s end the investigation was ongoing.
INTERNET FREEDOM
Individuals and groups could generally engage in the expression of views via the internet, including by email. There were no disruptions to internet services during the nationwide April-May protests leading to the “velvet revolution,” with many media outlets providing live video coverage of the events and protest leaders and participants using the internet, social media platforms, and live broadcasting to address the population directly.
On April 11, the YouTube channels of Factor.am and Armlur.am were blocked for 24 hours. Several media outlets reported cyberattacks during the year from unknown sources.
The International Telecommunication Union estimated that 70 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 country’s spring civic uprising changed the perception and practice of academic freedom in the country. Students joined together to protest against corrupt practices in universities. In February, a group of student activists formed the Yerevan State University (YSU) Restart group, which aimed to voice concerns and draw attention to corruption at universities. In April, YSU Restart activists joined the protests against then president Sargsyan becoming prime minister and called on students nationwide to boycott classes and join the campaign. As the protests grew, the management of some universities and public schools locked the doors to prevent students, teachers, and professors from leaving the facility to join the protests. Police used force against students to clear sit-ins and blocked streets. Many students were arrested and taken to police stations, but usually were released the same day. During the protests, there were no cases of university leadership expelling students from school or firing faculty members for missing classes (i.e. participating in protests). After the May change in government, YSU Restart organized protests against the rector of Yerevan State University without threats of repercussion.
The “velvet revolution” led to demands for education system leaders to resign. For example, the rector of Shirak State University was forced to resign due to protests against him for corruption and for firing faculty members who criticized him.
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.
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.
Authorities 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 (IDPs), refugees, returning refugees, asylum seekers, stateless persons, or other persons of concern.
Abuse of Migrants, Refugees, and Stateless Persons: While there was no systematic discrimination reported against migrants, refugees, or stateless persons, there were reports of discrimination in the acceptance of applications and in detention of asylum seekers based on the country of origin, race, or religion of the asylum seeker, as well as difficulties with integration.
During the year, 28 foreigners were apprehended for illegal entry after crossing the border via land or air or arriving at the International Airport in Yerevan, an increase from four in 2017. Unlike the previous practice, when authorities detained and sentenced asylum seekers for illegal entry into the country after registering their asylum applications, in a few cases asylum seekers were released from detention. Despite a provision in the law exempting asylum seekers from criminal liability for illegal border crossing, authorities required them to remain in detention pending the outcome of their asylum applications or to serve the remainder of their sentences. Two asylum seekers from Afghanistan, who were detained for illegal border crossing in 2015 and sentenced to three years in prison, were released early and accommodated at a reception center for asylum seekers in mid-September. They were under supervision with mandatory reporting requirements between mid-September and October 6, when the sentence expired.
Foreign Travel: Citizens must obtain exit visas to leave the country on either a temporary or a permanent basis. Citizens could routinely purchase exit visas for temporary travel outside the country within one day of application for approximately 1,000 drams (two dollars) for each year of validity.
INTERNALLY DISPLACED PERSONS (IDPS)
As of 2016, according to the Internal Displacement Monitoring Center, approximately 8,400 IDPs of the estimated 65,000 households evacuated in 1988-94 were still living in displacement. Some of the country’s IDPs and former refugees lacked adequate housing and had limited economic opportunities.
PROTECTION OF REFUGEES
Access to Asylum: The law provides for granting asylum or refugee status, and the government has established a system for providing protection to refugees. The law takes into account specific needs of children, persons with mental disabilities and trauma survivors and allows detention centers to receive asylum applications. Refugees who were not ethnic Armenians needed three years of legal residence in the country to be naturalized.
While the overall quality of procedures and decision making for determination of refugee status improved over the last decade, concerns remained regarding adjudication of cases of asylum seekers of certain religious and gender profiles. Security considerations permeated all aspects of the asylum procedure and implementation of refugee policies and the NSS continued to influence asylum decision making by the State Migration Service (SMS).
Shortcomings in asylum procedures included limited state funding for interpreters and deficiencies in capacity of eligibility officers. Enhanced capacity of the judiciary resulted in an increased number of overruled SMS decisions on asylum applications. For the first time since 2009, the Administrative Court issued a judgment overruling an SMS denial of refugee status to a family from Iraq and obliging the SMS to recognize the applicants as refugees. In general, the courts drew more attention to the merit of asylum applications and used country of origin information more systematically.
Authorities continued to offer ethnic Armenians from Syria who remained in the country a choice of protection options, including expedited naturalization, a residence permit, or refugee status. Quick naturalization gave persons displaced from Syria the same legal right to health care and most other social services as other citizens.
Access to Basic Services: Conditions in the only reception center for asylum seekers were below international standards, according to one international NGO, and did not address the needs of persons with specific needs and disabilities. With an increased number of asylum seekers during the year, many from Iran and Afghanistan, the reception center’s capacity was exhausted and there was no alternative solution for accommodation of persons with specific needs and large families. Additionally, the center allegedly did not provide clean lodging, adequate sanitary facilities, or sufficient food and medicine, leading to the prevalence of illness and communicable disease. Many refugees were also unable to work or receive an education while their cases worked their way through the legal system.
Housing allocated to refugees was often in limited supply and in poor condition and remained, along with employment, their greatest concern. Many displaced families relied on a rental subsidy program supported by UNHCR and diaspora organizations. Authorities operated an integration house with places for 29 refugees and offered refugees accommodation free of charge during the first months after they acquired refugee status. Language differences with Syrian-Armenian refugees who spoke a different dialect created barriers to employment and, initially, education.
Durable Solutions: In 2016 the government adopted a concept document outlining its goals concerning the integration of persons granted asylum and refugee status as well as of long-term migrants. According to UNHCR, while in principle the concept would enhance the legal framework for the protection of refugees, it did not go far enough to cover Syrians who had obtained citizenship, thus excluding from the provision of services the majority of displaced Syrians who had arrived in country since the beginning of the conflict. The concept also did not address critical aspects of integration, such as language needs and access to education. The Ministry of Diaspora drafted an integration strategy focused on Syrian-Armenians displaced as a result of the conflict in Syria. UNHCR promoted and advocated for a single policy and comprehensive integration strategy to facilitate integration of all refugees and other displaced persons without discrimination. While the government approved an initial concept on local integration, full implementation remained pending. NGOs partially filled the gap with UNHCR and international donor funding.
STATELESS PERSONS
According to police data, the number of stateless persons by October 29 was 801. The increase was believed to be related to the rising number of citizens renouncing their Armenian citizenship with the aim of obtaining citizenship elsewhere, particularly in the Russian Federation. In addition, authorities considered approximately 1,400 refugees from Azerbaijan to be stateless as of December 2017.
The law provides for the provision of nationality to stateless children born on the country’s territory.
Australia
Section 2. Respect for Civil Liberties, Including:
Although the constitution does not explicitly provide for freedom of speech or press, the High Court has held that the constitution implies a right to freedom of expression, and the government generally respected this right. An independent press, an effective judiciary, and a functioning democratic political system combined to promote freedom of expression, including for the press. Journalists expressed concern that strict defamation laws have had a “chilling effect” on investigative journalism and freedom of the press.
INTERNET FREEDOM
The government did not restrict or disrupt access to the internet or censor online content, and there were no credible reports the government monitored private online communications without appropriate legal authority. The internet was widely available to and used by citizens.
Law enforcement agencies require a warrant to intercept telecommunications, including internet communications.
The Australian Communications and Media Authority (ACMA) maintains a list of “refused classification” website content, primarily pertaining to child pornography, sexual violence, and other activities illegal in the country, compiled through a consumer complaints process. The ACMA may issue a notice to the internet service provider to remove domestically hosted “refused classification” material, or links to such material, that is the subject of a complaint if an investigation concludes the complaint is justified. The list is available to providers of filtering software. An owner or operator of such a website can appeal an ACMA decision to the Administrative Appeals Tribunal, an executive body that reviews administrative decisions by government entities.
According to the International Telecommunication Union, approximately 87 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 the freedoms of peaceful assembly and association are not codified in law, the government generally respected these rights.
c. Freedom of Religion
See the Department of State’s International Religious Freedom Report at www.state.gov/religiousfreedomreport/.
The law provides for freedom of internal movement, foreign travel, emigration, and repatriation, and the government generally respected these rights.
Abuse of Migrants, Refugees, and Stateless Persons: Domestic and international organizations expressed serious concern about credible allegations of abuse of migrants in the detention centers on Manus Island and Nauru. Abuses included inadequate mental health and other medical services, instances of assault, sexual abuse, suicide, self-harm, suspicious deaths, and harsh conditions. The government claimed to continue to provide necessary services to refugees.
PROTECTION OF REFUGEES
Refoulement: The UN High Commissioner for Refugees (UNHCR) noted that immigration authorities in Australia and offshore detention centers forcibly deported refugees and asylum seekers and employed intimidation tactics so that detainees would voluntarily choose to return to their countries of origin. There were no reports of persecution or torture for returned refugees or asylum seekers, but NGOs and UNHCR considered it a possibility.
Access to Asylum: The law provides for granting asylum or refugee status. The government maintains a humanitarian refugee program that includes several types of visas available to refugees for resettlement in the country. UNHCR identifies and refers the majority of applicants considered under the program.
The law authorizes the immigration minister to designate a country as a regional offshore processing center. Parliament must be notified and then has five days to reject the proposed designation. Asylum seekers transferred to third countries for regional processing have their asylum claims assessed by the country in which the claim is processed. A 2013 agreement with Papua New Guinea ended in 2018. Agreements remained in effect with Nauru (2013) and Cambodia (2014), although the latter has been little used.
In some cases unauthorized arrivals determined not to be refugees who made it to Christmas Island, a small Australian island approximately 300 miles south of Jakarta, were sent to Sri Lanka with the cooperation of the Sri Lankan government. Authorities also occasionally forced intercepted boats carrying smuggled persons back into the territorial waters of their country of embarkation when safe to do so.
By law the government must facilitate access to legal representation for persons in immigration detention in country. Access to government-funded legal assistance is available only to those who arrived through authorized channels.
In June the immigration minister stated no refugee in Papua New Guinea or Nauru, including persons with close family ties to Australia, would be resettled in Australia. Representatives from UNHCR accused the government of breaking its promise to accept refugees with close family ties.
Durable Solutions: The government accepted refugees for resettlement from third countries and funded refugee resettlement services. The Humanitarian Settlement Services program provided case-specific assistance that included finding accommodation, employment programs, language training, registering for income support and health care, and connecting with community and recreational programs.
Temporary Protection: The law permits two temporary protection options for individuals who arrived in Australia and were not taken to regional processing centers in third countries. The temporary protection visa (TPV) is valid for three years, and visa holders are able to work, study, and reside anywhere in Australia with access to support services. Once expired, TPV holders are eligible to reapply for another TPV.
The Safe Haven Enterprise Visa (SHEV) is valid for five years and is granted on the basis that visa holders intend to work or study in nonmetropolitan areas. SHEV holders are eligible to apply for certain permanent or temporary visas after 42 months. As of October 1, the government had granted SHEVs to 11,676 persons.
Austria
Section 2. Respect for Civil Liberties, Including:
The constitution provides for freedom of expression, including for the press, and the government generally respected these rights. An independent press, an effective judiciary, and a functioning democratic political system combined to promote freedom of expression including for the press.
Freedom of Expression: The law prohibits incitement, insult, or contempt against a group because of its members’ race, nationality, religion, or ethnicity if the statement violates human dignity, and imposes criminal penalties for violations. The law also prohibits public denial, belittlement, approval, or justification of the Nazi genocide or other Nazi crimes against humanity in print media, broadcast media, the publication of books, and online newspapers or journals, and provides criminal penalties for violations. The law also prohibits disparagement of religious teachings in public. The government strictly enforced these laws (see section 6, Anti-Semitism and the Department of State’s International Religious Freedom Report).
In October the European Court of Human Rights (ECHR) rejected a plea by a woman challenging her 2011 conviction by a Vienna court, later upheld on appeal, for disparaging the Prophet Muhammad in 2009. The ECHR found that insulting the Prophet Muhammad “goes beyond the permissible limits of an objective debate” and “could stir up prejudice and put at risk religious peace.” The ECHR stated the Austrian courts had “carefully balanced her right to freedom of expression with the right of others to have their religious feelings protected.”
Press and Media Freedom: Independent media were active and expressed a wide variety of views.
Libel/Slander Laws: Strict libel and slander laws created conditions that discouraged reporting of governmental abuse. For example, many observers believed the ability and willingness of police to sue for libel or slander discouraged individuals from reporting police abuses.
INTERNET FREEDOM
With limited exceptions, the government did not restrict or disrupt access to the internet or censor online content. There were no credible reports the government monitored private online communications without appropriate legal authority. Authorities continued to restrict access to websites that violated the law, such as neo-Nazi sites. The law barring neo-Nazi activity provides for one- to 10-year prison sentences for public denial, belittlement, approval, or justification of National Socialist crimes. The criminal code provision on incitement provides for prison sentences of up to five years. Authorities restricted access to prohibited websites by trying to shut them down and by forbidding the country’s internet service providers from carrying them.
According to the International Telecommunication Union, approximately 88 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 and law provide for the freedoms of peaceful assembly and association, and the government generally respected these rights.
c. Freedom of Religion
The constitution and law provide for the freedoms of peaceful assembly and association, and the government generally respected these rights.
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) and other humanitarian organizations in providing protection and assistance to refugees, asylum seekers, stateless persons, or other persons of concern.
Abuses of Migrants, Refugees, and Stateless Persons: In rare cases, authorities detained unsuccessful applicants for asylum pending deportation. The government provided free legal counsel for persons awaiting deportation.
In-country Movement: Asylum seekers’ freedom of movement was restricted to the district of the reception center assigned by authorities for the duration of their initial application process until the country’s responsibility for examining the application was determined. By law asylum seekers must be physically present in the centers of first reception for up to 120 hours during the initial application process. Authorities have 20 days in which to determine the country’s responsibility and jurisdiction for the case.
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.
The number of asylum applications dropped further during the year, having already decreased significantly in 2017 from a record high in 2015. According to the Interior Ministry, between January and July, there were approximately 8,260 asylum applications compared to approximately 14,600 during the same period in 2017.
In September the UN high commissioner for human rights announced that an inspection team would visit the country to examine its migrant policy, in particular the return of migrants from Austria to their home countries.
Safe Country of Origin/Transit: EU regulations provide that asylum seekers who transit an EU country determined to be “safe” on their way to Austria be returned to that country to apply for refugee status. Authorities considered signatories to the 1951 refugee convention and its 1967 protocol to be safe countries of transit. In response to a ruling by the European Court of Human Rights and recommendations of the UN special rapporteur on torture, the government effectively halted the return of asylum seekers to Greece in 2011 but resumed returns to Greece in August. The Federal Administrative Court ruled that deportations to Hungary would also have to be examined on an individual basis due to the possibility of human rights abuses there.
Employment: While asylum seekers are legally restricted from seeking regular employment, they are eligible for seasonal work, low-paying community service jobs, or professional training in sectors that require additional apprentices. A work permit is required for seasonal employment but not for professional training. An employer must request the work permit for the prospective employee.
Durable Solutions: There are provisions for integration, resettlement, and returns, which the country was cooperating with UNHCR and other organizations to improve. The integration section in the Ministry for Foreign Affairs and Integration, together with the Integration Fund and provincial and local integration offices, coordinated measures for integration of refugees.
Temporary Protection: According to the Interior Ministry, in 2017 the government provided temporary protection to approximately 7,000 individuals who might not qualify as refugees but were unable to return to their home countries. According to the Interior Ministry, between January and July, the government provided temporary protection to approximately 2,899 individuals.
STATELESS PERSONS
According to the government’s statistical office, in January there were approximately 14,600 persons in the country registered as stateless; that is, having undocumented or unclear citizenship. Stateless persons in the country were largely Austrian-born children of foreign nationals who were unable to acquire citizenship through their parents due to the laws in their parents’ country of origin. Authorities did not deport them because they lacked a home country. The law allows some stateless persons to gain nationality. A stateless person born in the country may be granted citizenship within two years of reaching the age of 18 if he or she has lived in the country for a total of 10 years, including five years continuously before application, and is able to demonstrate sufficient income. Stateless persons could receive temporary residence and work permits that had to be renewed annually.