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Bosnia and Herzegovina

Section 2. Respect for Civil Liberties, Including:

d. Freedom of Movement

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

Although the law on asylum provides for freedom of movement for asylum seekers, authorities of Una-Sana Canton imposed restrictions without a due legal basis. This resulted in asylum seekers–including some who were duly registered–being forcibly removed from public transport at the entrance of the canton territory and prevented from using buses and taxis within the canton. Groups of asylum seekers and migrants were regularly marched involuntarily from Bihac to a location several kilometers away, where their movement was restricted. The location itself offered very poor humanitarian and safety conditions. The legal aid partner of the Office of the UN High Commissioner for Refugees (UNHCR) legally challenged the restrictions.

Due to the COVID-19 pandemic, the Council of Ministers issued a decision on April 16 limiting the movement of undocumented migrants who did not have valid identification documents. The decision prohibited migrants’ movement and accommodation outside of migrant centers, including for migrants who declared an intent to file asylum applications and who possessed valid proof of the expressed intention to apply for asylum as well as those who already applied for asylum. Some NGOs challenged the decision, explaining that it was legally groundless and violated migrants’ basic human rights. This practice was abolished with the end of lockdown in May, although no formal decision about it was issue.

On April 22, the BiH Constitutional Court ruled that a prohibition of all movement in the Federation for individuals younger than 18 and older than 65 during the COVID-19 lockdown in April violated the civil rights of those individuals, noting that the ban was disproportional to the public health crisis and that the measures were not limited in time and not periodically reviewed. The court did not remove the restriction, but it gave the Federation Government and Civil Protection Headquarters five days to adjust its measures in accordance with the BiH Constitution and the European Convention on Human Rights. Federation authorities complied with the decision and adjusted the measures, allowing movement of individuals in the two age groups during specific days of the week before abolishing the measures on May 14.

g. Stateless Persons

As of July, UNHCR reported 81 persons, mostly Roma, who were at risk of statelessness, including persons lacking birth certificates and citizenship registration. UNHCR continued to support free legal aid and capacity-building assistance to BiH authorities to facilitate birth and citizenship registrations. From 2009 to year’s end, UNHCR helped 1,765 individuals confirm their nationalities through its implementing partner, the NGO Vasa Prava. UNHCR also continued to work with authorities to simplify the process for birth and citizenship registrations, particularly for those at risk of statelessness. During the year the BiH Ministry of Civil Affairs confirmed the citizenship of 35 individuals.

China (Includes Hong Kong, Macau, and Tibet)

Section 2. Respect for Civil Liberties, Including:

d. Freedom of Movement

The law provides for freedom of internal movement, foreign travel, emigration, and repatriation, but the government at times did not respect these rights.

The government increasingly silenced activists by denying them permission to travel, both internationally and domestically, or keeping them under unofficial house arrest.

In-country Movement: Authorities continued to maintain tight restrictions on freedom of movement, particularly to curtail the movement of individuals deemed politically sensitive before key anniversaries, visits by foreign dignitaries, or major political events, as well as to forestall demonstrations. Uyghurs faced draconian restrictions on movement within Xinjiang and outside the region. Although the use of “domestic passports” that called for local official approval before traveling to another area was discontinued in 2016, authorities still made identification checks for individuals entering or leaving cities and on public roads. In Xinjiang security officials operated checkpoints managing entry into public places, including markets and mosques, that required Uyghurs to scan their national identity card, undergo a facial recognition check, and put baggage through airport-style security screening. Such restrictions were not applied to Han Chinese in these areas.

The government operated a national household registration system (hukou) and maintained restrictions on the freedom to change one’s workplace or residence, although many provinces and localities eased restrictions. While many rural residents migrated to the cities, where per capita disposable income was approximately three times the rural per capita income, they often could not change their official residence or workplace within the country. Most cities had annual quotas for the number of new temporary residence permits they could issue, and all workers, including university graduates, had to compete for a limited number of such permits. It was particularly difficult for rural residents to obtain household registration in provincial capitals, but outside those cities many provinces removed or lowered barriers to move from a rural area to an urban one.

The household registration system added to the difficulties faced by rural residents, even after they relocated to urban areas and found employment. According to the Statistical Communique of the Peoples Republic of China on 2019 National Economic and Social Development, published in February by the National Bureau of Statistics of China, 280 million individuals lived outside the jurisdiction of their household registration. Migrant workers and their families faced numerous obstacles with regard to working conditions and labor rights. Many were unable to access public services, such as public education for their children or social insurance, in the cities where they lived and worked because they were not legally registered urban residents.

Under the “staying at prison employment” system applicable to recidivists incarcerated in administrative detention, authorities denied certain persons permission to return to their homes after serving their sentences. Some released or paroled prisoners returned home but did not have freedom of movement.

Foreign Travel: The government permitted emigration and foreign travel for most citizens. Government employees and retirees, especially from the military, faced foreign travel restrictions. The government used exit controls for departing passengers at airports and other border crossings to deny foreign travel to some dissidents and persons employed in government posts. Throughout the year many lawyers, artists, authors, and other activists were at times prevented from exiting the country. Authorities also blocked the travel of some family members of rights activists, including foreign family members.

Border officials and police sometimes cited threats to “national security” as the reason for refusing permission to leave the country, although often authorities provided no reason for such exit bans. Authorities stopped most such persons at the airport at the time of their attempted travel.

Most citizens could obtain passports, although individuals the government deemed potential political threats, including religious leaders, political dissidents, petitioners, as well as their family members and ethnic minorities, routinely reported being refused passports or otherwise being prevented from traveling overseas.

Uyghurs, particularly those residing in Xinjiang, reported great difficulty in getting passport applications approved. They were frequently denied passports to travel abroad, particularly to Saudi Arabia for the Hajj, to other Muslim countries, or to Western countries for academic purposes. Since 2016 authorities ordered Xinjiang residents to turn in their passports or told residents no new passports were available. Foreign national family members of Uyghur activists living overseas were also denied visas to enter the country, in part due to COVID-19 travel restrictions although restrictions predated the pandemic. Because of COVID-19 the government relaxed its efforts to compel Uyghurs studying abroad to return to China. Authorities refused to renew passports for Uyghurs living abroad.

Exile: The law neither provides for a citizen’s right to repatriate nor addresses exile. The government continued to refuse re-entry to numerous citizens considered dissidents, Falun Gong activists, or “troublemakers.” Although in previous years authorities allowed some dissidents living abroad to return, dissidents released on medical parole and allowed to leave the country often were effectively exiled. Because of the COVID-19 pandemic, authorities greatly reduced the total number of travelers who could enter the country, including PRC citizens.

Disbarred lawyers, rights activists, and families of “709” lawyers faced difficulties applying for passports or were barred from leaving the country. For example, disbarred human rights lawyers Wang Yu (also a 709 lawyer) and Tang Jitian remained under exit bans. Family members of some 709 lawyers, such as Li Heping and Wang Quanzhang, had their passport applications denied.

g. Stateless Persons

According to international media reports, as many as 30,000 children born to North Korean women in China, most of whom were trafficked and married to Chinese spouses, had not been registered because their North Korean parent was undocumented, leaving the children de facto stateless. These children were denied access to public services, including education and health care, despite provisions in the law that provide citizenship to children with at least one PRC citizen parent. Chinese fathers reportedly sometimes did not register their children to avoid exposing the illegal status of their North Korean partners.

Hong Kong

Section 2. Respect for Civil Liberties, Including:

d. Freedom of Movement

The law provides for freedom of internal movement, foreign travel, emigration, and repatriation, but the government sometimes confiscated travel documents and enforced travel bans for democracy activists and opposition politicians facing charges. Activists reported that the Hong Kong Police Force monitored a group of 12 activists seeking to travel from Hong Kong to Taiwan by speedboat and shared information on the group with mainland Chinese authorities, leading to their detention by the Chinese Coast Guard. Since the group’s detention, Shenzhen authorities have prevented the activists from hiring lawyers of their choice and from communicating with their family members, contrary to PRC regulations regarding the treatment of detainees. The youngest of the group are minors. COVID-19 health precautions also limited immediate foreign travel, emigration, and repatriation.

In January immigration officials denied entry to Human Rights Watch executive director Kenneth Roth, stating the department did not comment on individual cases, but that it would “fully consider all relevant factors and circumstances of a case before deciding whether the entry should be allowed or not.” Chinese central government authorities “sanctioned” democracy-focused NGO employees and others for their advocacy and work in Hong Kong, blocking them from traveling to Hong Kong. Neither the Hong Kong government nor central government would provide information on what the ‘sanctions’ entail.

Foreign Travel: Most residents easily obtained travel documents from the SAR government. Hong Kong authorities blocked some human rights activists, student protesters, and prodemocracy legislators from visiting the mainland.

Kazakhstan

Section 2. Respect for Civil Liberties, Including:

d. Freedom of Movement

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

In-country Movement: The government required foreigners who remained in the country for more than five days to register with migration police. Foreigners entering the country had to register at certain border posts or airports where they entered. Some foreigners experienced problems traveling in regions outside their registration area. The government’s Concept on Improving Migration Policy report covers internal migration, repatriation of ethnic Kazakh returnees, and external labor migration. In 2017 the government amended the rules for migrants entering the country so that migrants from Eurasian Economic Union countries may stay up to 90 days. There is a registration exemption for families of legal migrant workers for a 30-day period after the worker starts employment. The government has broad authority to deport those who violate the regulations.

Since 2011 the government has not reported the number of foreigners deported for gross violation of visitor rules. Individuals facing deportation may request asylum if they fear persecution in their home country. The government required persons who were suspects in criminal investigations to sign statements they would not leave their city of residence.

Authorities required foreigners to obtain prior permission to travel to certain border areas adjoining China and cities in close proximity to military installations. The government continued to declare particular areas closed to foreigners due to their proximity to military bases and the space launch center at Baikonur.

A state of emergency was declared by the president from March 16 to May 11 in order to slow the spread of COVID-19. The government set stringent restrictions on the freedom of movement. Movement within cities and towns was restricted, and checkpoints were established to control the flow of traffic into and out of cities, where most of the early virus cases occurred. Special permission was granted to essential workers to pass the checkpoints. Many measures were implemented with short notice. All flights were stopped initially, and then were gradually allowed to resume, as the state of emergency ended and restrictions were gradually eased. Citizens’ mobility within cities was also restricted and required advance permission, but information about who had been granted permission was often incomplete, which initially limited mobility even for those with permission.

During the most stringent lockdown period, individuals were allowed to leave home only to go to grocery stores or pharmacies within 1.2 miles of their homes. All playgrounds were shut down. Children could not be outdoors without parents, and parks were closed. In localized cases authorities locked down whole apartment buildings if one tenant tested positive for COVID-19. In several extreme cases, local authorities welded shut entrance doors to the buildings. Police cordons surrounded the buildings. Residents were required to remain in their homes, often without sufficient food and other essential supplies. Human Rights Commissioner Elvira Azimova spoke up against locks put on apartment buildings. She stated that she believed it was enough to put fences and police cordons around buildings. Subsequent government responses to COVID-19 outbreaks in specific regions were less severe, but the government continued to employ time-limited travel restrictions and roadblocks to limit the spread of COVID-19.

The COVID-19 pandemic also had severe impacts on labor migrants. During the state of emergency period, many lost jobs or were forced to take unpaid leave. As a result, many could not afford housing, health services, or food. Migrants remained ineligible to seek government support, and they could not return to their home countries because air flights and railways stopped and borders were closed. Human rights activists reported that courts continued to issue rulings on deportation of migrants who did not have the relevant work permissions.

In May the government adopted a resolution to allow through January 5, 2021, the exit, without administrative penalties, of foreign citizens with expired or expiring identification documents or permits (visas, registration cards, work or residence permits). The government, with the assistance of local NGOs, negotiated with neighboring governments for the return of migrant laborers to their home countries. Migration Service Centers in all regions provided services for migrant laborers at one-stop express windows. As of November, according to government statistics, 149,217 foreign citizens had returned home from the country (including 30,801 Russian citizens), and the government had legalized the status of 146,970 foreign citizens (of whom 94,405 received temporary work permits, 1,966 received authorization for family reunion, 872 to study, 148 to receive medical care, and 6,501 for visa extensions).

Foreign Travel: The government did not require exit visas for temporary travel of citizens, yet there were certain instances in which the government could deny exit from the country, including in the case of travelers subject to pending criminal or civil proceedings or having unfulfilled prison sentences or unpaid taxes, fines, alimony, or utility bills, or compulsory military duty. Travelers who presented false documentation during the exit process could be denied the right to exit, and authorities controlled travel by active-duty military personnel. The law requires persons who had access to state secrets to obtain permission from their employing government agency for temporary exit from the country.

Exile: The law does not prohibit forced exile if authorized by an appropriate government agency or through a court ruling.

g. Stateless Persons

The constitution and law provide avenues to deal with those considered stateless, and the government generally took seriously its obligation to ease the burden of statelessness within the country. The country contributes to statelessness because application for Kazakhstani citizenship requires renunciation of citizenship of the country of origin, with no stipulation that Kazakhstani citizenship would be granted. As of July 1, a total of 7,757 persons were officially registered by the government as stateless, according to UNHCR. The majority of individuals residing in the country with undetermined nationality, with de facto statelessness, or at heightened risk of statelessness, are primarily those who have no identity documents, have invalid identity documents from a neighboring CIS country, or are holders of Soviet-era passports. These individuals typically resided in remote areas without obtaining official documentation.

The law allows the government to deprive individuals of citizenship if convicted of a range of grave terrorism and extremism-related crimes, including for “harming the interest of the state.” According to UNHCR and the government, no one has been deprived of citizenship under this law. Instead, during the year the government repatriated hundreds of citizens who joined international terrorist organizations and their families, prosecuting the fighters in criminal court and providing social services to family members.

According to UNHCR, the law provides a range of rights to persons recognized by the government as stateless. The legal status of officially registered stateless persons is documented, and they are considered as having permanent residency, which is granted for 10 years in the form of a stateless person certificate. According to the law, after five years of residence in the country, stateless persons are eligible to apply for citizenship. Children born in the country to officially recognized stateless persons who have a permanent place of residence are recognized as nationals. A legal procedure exists for ethnic Kazakhs; those with immediate relatives in the country; and citizens of Ukraine, Belarus, Russia, and Kyrgyzstan, with which the country has agreements. The law gives the government six months to consider an application for citizenship. Some applicants complained that, due to the lengthy bureaucratic process, obtaining citizenship often took years. In summary the law does not provide a simplified naturalization procedure for stateless persons. Existing legislation prevents children of parents without identity documents from obtaining birth certificates, which hindered their access to education, free health care, and freedom of movement.

Persons whose citizenship applications are rejected or whose status as stateless persons has been revoked may appeal the decision, but such appeals involved a lengthy process.

Officially recognized stateless persons have access to free medical assistance on the level provided to other foreigners, but it is limited to emergency medical care and to treatment of 21 contagious diseases on a list approved by the Ministry of Health Care and Social Development. Officially recognized stateless persons have a right to employment, although not with the government. They may face challenges when concluding labor contracts, since potential employers may not understand or be aware of this legal right.

UNHCR reported that stateless persons without identity documents may not legally work, which led to the growth of illegal labor migration, corruption, and abuse of authority among employers. Children accompanying stateless parents were also considered stateless.

Macau

Section 2. Respect for Civil Liberties, Including:

d. Freedom of Movement

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

The law grants police authority to deport or deny entry to nonresidents whom they regard under the law as unwelcome, a threat to internal security and stability, or possibly implicated in transnational crimes. As of October freedom of movement was restricted due to COVID-19-related border closures, but there were no reports authorities used the restrictions for other than public health concerns.

Macau

Tibet

Section 2. Respect for Civil Liberties, Including:

d. Freedom of Movement

PRC law provides for freedom of internal movement, foreign travel, emigration, and repatriation; however, the government severely restricted travel and freedom of movement for Tibetans, particularly Tibetan Buddhist monks and nuns as well as lay persons whom the government considered to have “poor political records.”

In-country Movement: The outbreak of COVID-19 led to countrywide restrictions on travel, which affected movement in the TAR and other Tibetan areas. From January to April, the TAR and other Tibetan areas implemented a “closed-management” system, meaning all major sites, including monasteries and cultural sites, were closed.

In addition to COVID-19 restrictions, People’s Armed Police and local public security bureaus set up roadblocks and checkpoints in Tibetan areas on major roads, in cities, and on the outskirts of cities and monasteries, particularly around sensitive dates. These roadblocks were designed to restrict and control access for Tibetans and foreigners to sensitive areas. Tibetans traveling in monastic attire were subjected to extra scrutiny by police at roadside checkpoints and at airports. Tibetans without local residency were turned away from many Tibetan areas deemed sensitive by the government.

Authorities sometimes banned Tibetans, particularly monks and nuns, from leaving the TAR or traveling to it without first obtaining special permission from multiple government offices. Some Tibetans reported encountering difficulties in obtaining the required permissions. Such restrictions made it difficult for Tibetans to practice their religion, visit family, conduct business, or travel for leisure. Tibetans from outside the TAR who traveled to Lhasa also reported that authorities there required them to surrender their national identification cards and notify authorities of their plans in detail on a daily basis. These requirements were not applied to Han Chinese visitors to the TAR.

Outside the TAR, many Tibetan monks and nuns reported travel remained difficult beyond their home monasteries for religious and educational purposes; officials frequently denied them permission to stay at a monastery for religious education.

Foreign Travel: Tibetans faced significant hurdles in acquiring passports, and for Buddhist monks and nuns it was virtually impossible. Authorities’ unwillingness to issue new or renew old passports created, in effect, a ban on foreign travel for the Tibetan population. Han Chinese residents of Tibetan areas did not experience the same difficulties.

Sources reported that Tibetans and certain other ethnic minorities had to provide far more extensive documentation than other citizens when applying for a PRC passport. For Tibetans the passport application process sometimes required years and frequently ended in rejection. Some Tibetans reported they were able to obtain passports only after paying substantial bribes and offering written promises to undertake only apolitical or nonsensitive international travel. Many Tibetans with passports were concerned authorities would place them on the government’s blacklist and therefore did not travel.

Tibetans encountered particular obstacles in traveling to India for religious, educational, and other purposes. Tibetans who had traveled to Nepal and planned to continue to India reported that PRC officials visited their family homes and threatened their relatives in Tibet if they did not return immediately. Sources reported that extrajudicial punishments included blacklisting family members, which could lead to loss of a government job or difficulty in finding employment; expulsion of children from the public education system; and revocation of national identification cards, thereby preventing access to social services such as health care and government aid. The government restricted the movement of Tibetans through increased border controls before and during sensitive anniversaries and events.

Government regulations on the travel of international visitors to the TAR were uniquely strict in the PRC. The government required all international visitors to apply for a Tibet travel permit to visit the TAR and regularly denied requests by international journalists, diplomats, and other officials for official travel. Approval for tourist travel to the TAR was easier to secure but often restricted around sensitive dates. PRC security forces used conspicuous monitoring to intimidate foreign officials, followed them at all times, prevented them from meeting or speaking with local contacts, harassed them, and restricted their movement in these areas.

Exile: Among Tibetans living outside of China are the 14th Dalai Lama and several other senior religious leaders. The PRC denied these leaders the right to return to Tibet or imposed unacceptable conditions on their return.

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The Lessons of 1989: Freedom and Our Future