Antigua and Barbuda

Section 2. Respect for Civil Liberties, Including:

The constitution provides for freedom of expression, including for the press, but the government respected this right on a somewhat limited basis.

Press and Media Freedom: Privately owned print media, including daily and weekly newspapers, were active. There were claims, however, that the government was hostile to opposition and independent media and did not provide them equal access to government officials. Senior government officials routinely refused to grant interviews to media outlets other than those supported by the government.

Libel/Slander Laws: There were two libel cases pending against the country’s sole independent media outlet involving ruling party ministers.

INTERNET FREEDOM

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

According to the International Telecommunication Union, 76 percent of the population had access to 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.

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

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

The law provides for freedom of internal movement, foreign travel, emigration, and repatriation, and the government generally respected these rights. The government cooperated with the Office of the UN High Commissioner for Refugees, the International Organization for Migration, and other humanitarian organizations in assisting refugees and asylum seekers.

PROTECTION OF REFUGEES

Access to Asylum: The country does not have any laws or legal procedures governing asylum or refugee status. The government handles asylum requests on an ad hoc basis.

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.

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

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

The constitution 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.

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

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

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

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.

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

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

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

Abuse of Migrants, Refugees, and Stateless Persons: 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.

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

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

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

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.

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The Lessons of 1989: Freedom and Our Future