An official website of the United States Government Here's how you know

Official websites use .gov

A .gov website belongs to an official government organization in the United States.

Secure .gov websites use HTTPS

A lock ( ) or https:// means you’ve safely connected to the .gov website. Share sensitive information only on official, secure websites.

Australia

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.

f. Protection of Refugees

Abuse of Migrants, Refugees, and Stateless Persons: Domestic and international organizations expressed serious concern about credible allegations of abuse of migrants in the detention center on Nauru and from the former detention center at Manus Island in Papua New Guinea. 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.

In March parliament passed medevac legislation giving medical experts the authority to authorize refugees and asylum seekers from the former Manus Island detention center or Nauru to travel to Australia to receive medical treatment. According to media reports, 179 persons had transferred to the country for health reasons under this legislation as of December.

In December parliament repealed the medevac legislation, a step human rights advocates denounced. The repeal of the law restores the full discretion of federal ministers to accept or reject medical transfers to the country. The UN High Commissioner for Refugees (UNHCR) released a statement saying that it was “disappointed by the repeal” and expressing concern that it “may negatively impact vital care for asylum seekers in offshore processing facilities.”

Refoulement: UNHCR noted that immigration authorities in the country and offshore detention centers forcibly deported refugees and asylum seekers. The government refused to allow these families to be reunited in the country. UNHCR is aware of several cases where family members are held on offshore processing facilities, while spouses undergoing medical treatment reside in the country.

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. Agreements were in effect with Nauru (2013) and Cambodia (2014), although the latter has been little used.

In May authorities intercepted a boat with 20 Sri Lankans trying to reach the country to claim asylum. The Sri Lankans were taken to Christmas Island, a small Australian island approximately 300 miles south of Jakarta. They were held there for a few days while their asylum claims were adjudicated. After the claims were denied, the 20 were flown back to Sri Lanka with the cooperation of the Sri Lankan government. The incident was the first use of Christmas Island for detention of asylum seekers in five years. 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 the country. Access to government-funded legal assistance is available only to those who arrived through authorized channels.

In June 2018 the immigration minister stated no refugee in Papua New Guinea or Nauru, including persons with close family ties, would be resettled in the country. The government sought to enforce this policy, although UNHCR representatives accused the government of breaking a previous promise to accept refugees with close family ties. Moreover, the long-term status of persons evacuated to the country for medical treatment pursuant to the March parliamentary action remained uncertain as of November.

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 the country 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 the country 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.

Section 4. Corruption and Lack of Transparency in Government

The law provides criminal penalties for corruption by officials, and the government generally implemented these laws effectively.

Corruption: All states have anticorruption bodies that investigate alleged government corruption, and every state and territory appoints an ombudsman who investigates and makes recommendations in response to complaints about government decisions. The government also appoints one commonwealth (federal) ombudsman as laws differ between states, and one process or policy cannot always be used across jurisdictions.

The Australian Capital Territory established its anticorruption commission in July.

The law requires persons and entities who have certain arrangements with, or undertake certain activities on behalf of foreign principals to register with the government.

Financial Disclosure: The law requires all federal, state, and territory elected officials to report their financial interests. Failure to do so could result in a finding of contempt of parliament and a possible fine or jail sentence. Federal officeholders must report their financial interests to a register of pecuniary interests, and the report must be made public within 28 days of the individual’s assumption of office. The law prohibits foreign campaign contributions.

Section 5. Governmental Attitude Regarding International and Nongovernmental Investigation of Alleged Abuses of Human Rights

A variety of domestic and international human rights groups generally operated without government restriction, investigating and publishing their findings on human rights cases. Government officials often were cooperative and responsive to their views.

Government Human Rights Bodies: The Human Rights Commission (HRC), an independent organization established by parliament, investigates complaints of discrimination or breaches of human rights under the federal laws that implement the country’s human rights treaty obligations. The HRC reports to parliament through the attorney general. Media and nongovernmental organizations deemed its reports accurate and reported them widely. Parliament has a Joint Committee on Human Rights, and federal law requires that a statement of compatibility with international human rights obligations accompany each new bill.

Section 6. Discrimination, Societal Abuses, and Trafficking in Persons

Austria

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.

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.

f. 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.

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. The Federal Administrative Court ruled, however, that deportations to Hungary would 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 the Office of the UN High Commissioner for Refugees 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 2018 the government provided temporary protection to approximately 4,190 individuals who might not qualify as refugees but were unable to return to their home countries. According to the Interior Ministry, between January and August, the government provided temporary protection to approximately 1,455 individuals.

Section 4. Corruption and Lack of Transparency in Government

The law provides criminal penalties for corruption by officials, and the government generally implemented the law effectively. Anticorruption laws and regulations extend to civil servants, public officials, governors, members of parliament, and employees or representatives of state-owned companies. The law also criminalizes corrupt practices by citizens outside the country. The penalty for bribery is up to 10 years in prison.

Corruption: The trial of former finance minister Karl-Heinz Grasser and 15 others on embezzlement and corruption charges continued. Grasser and his codefendants were charged in connection with the 2.45 billion euro ($2.7 billion) auction sale of 62,000 state-owned apartments in 2004. Prosecutors alleged that information from the Finance Ministry under Grasser’s leadership helped the eventual auction winner by signaling the size of the bid needed to acquire the properties.

In May the vice chancellor and leader of the Freedom Party resigned after the publication of a 2017 video in which he promised a woman posing as a wealthy Russian that he could manipulate government procurement contracts to her benefit in exchange for her purchasing a major stake in a mass-tabloid newspaper and providing his party with positive media coverage. A special unit with the Vienna Prosecutor’s Office began investigating the case in May.

Financial Disclosure: Public officials are subject to financial disclosure laws; there were no reports that officials failed to comply with disclosure requirements. Politicians must publicly disclose biannually when they earn more than 1,142 euros ($1,260) for certain activities, but they are not required to disclose the amounts they earned. The law does not require public officials to file disclosure reports upon leaving office. There are no sanctions for noncompliance with financial disclosure laws.

In July campaign finance reform legislation went into effect that set new annual limits on campaign donations of 7,500 euros ($8,300) for single donations and a maximum of 750,000 euros ($830,000) in total donations from all sources. The law increases fines for violations to 150 percent of the amount of an illegal donation.

Section 5. Governmental Attitude Regarding International and Nongovernmental Investigation of Alleged Abuses of Human Rights

A number of domestic and international human rights groups generally operated without government restriction, investigating and publishing their findings on human rights cases. Government officials generally were cooperative and responsive to their views.

Government Human Rights Bodies: A human rights ombudsman’s office consisting of three independent commissioners examined complaints against the government. The ombudsman’s office is completely independent and has its own budget; parliament appoints its members. The ombudsman’s office effectively monitored government activities. A parliamentary human rights committee provides oversight.

Section 6. Discrimination, Societal Abuses, and Trafficking in Persons

Belgium

Section 2. Respect for Civil Liberties, Including:

d. Freedom of Movement

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

f. Protection of Refugees

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.

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, including specific subsidiary protection that goes beyond asylum criteria established by the 1951 Convention relating to the Treatment of Refugees and its 1967 protocol. Refugee status and residence permits are limited to five years and become indefinite if extended.

Authorities continued to face a significant flow of “transit migrants,” defined as those who remained in the country without requesting asylum while attempting illegal travel to the United Kingdom. To address the flow, the federal government started to detain transit migrants physically to ensure their repatriation, in those cases where they could be deported to a safe country of origin. Subsidiary protection is available to transit migrants if they request it, and local governments and NGOs did inform migrants of this option. Many transit migrants, however, do not request legal status in the country, even if they are aware of the possibility to apply for subsidiary protection.

Safe Country of Origin/Transit: The country denied asylum to asylum seekers who arrived from a safe country of origin or transit, pursuant to the EU’s Dublin III Regulation.

Durable Solutions: The country accepted refugees through UNHCR, including persons located in Italy and Greece, under the EU Emergency Relocation Mechanism. The country also conducted a voluntary return program for migrants in cooperation with the International Organization for Migration.

Temporary Protection: The government also provided temporary “subsidiary” protection to individuals who did not satisfy the legal criteria for refugee status but who could not return to their country of origin due to a real risk of serious harm. Under EU guidelines, individuals granted “subsidiary protection” are entitled to temporary residence permits, travel documents, access to employment, and equal access to health care, education, and housing. In 2018 authorities granted subsidiary protection to 1,777 individuals.

Section 4. Corruption and Lack of Transparency in Government

The law provides criminal penalties for corruption by officials, and the government generally implemented the law effectively. There were isolated reports of government corruption.

Corruption: The law provides criminal penalties for official corruption, and the government generally implemented the law effectively. Following several corruption scandals in 2017 and 2018, no significant cases were reported in the current year.

Financial Disclosure: The law does not require elected officials to disclose their income or revenue, but they must report if they serve on any board of directors, regardless of whether in a paid or unpaid capacity. Officials in nonelective offices are held to the same standard. Sanctions for noncompliance are infrequent but have been used in the past when triggered by public outcry.

Section 5. Governmental Attitude Regarding International and Nongovernmental Investigation of Alleged Abuses of Human Rights

A variety of domestic and international human rights groups operated without government restriction, investigating and publishing their findings on human rights cases. Government officials generally were cooperative and responsive to their views.

Government Human Rights Bodies: Federal and regional government ombudsmen monitored and published reports on the workings of agencies under their respective jurisdictions. The Interfederal Center for Equal Opportunities (UNIA) is responsible for promoting equal opportunity and combating discrimination and exclusion at any level (federal, regional, provincial, or local). The center enjoyed a high level of public trust, was independent in its functioning, and was well financed by the government.

Section 6. Discrimination, Societal Abuses, and Trafficking in Persons

Brunei

Section 2. Respect for Civil Liberties, Including:

d. Freedom of Movement

The government generally respected the legal right to freedom of internal movement and the right to emigrate but imposed restrictions on foreign travel and repatriation.

Foreign Travel: Government employees, including both citizens and foreign residents working on a contractual basis, must apply for exit permits to travel abroad. Government guidelines state no government official may travel alone and unrelated male and female officers may not travel together, but the government enforced this policy inconsistently. The country’s tourist passports state the bearer may not travel to Israel.

Exile: By law the sultan may forcibly exile, permanently or temporarily, any person deemed a threat to the safety, peace, or welfare of the country. There have been no cases of banishment since the country became fully independent in 1984.

f. Protection of Refugees

Access to Asylum: The law does not provide for granting asylum or refugee status, and the government has not established a system for providing protection to refugees.

Section 4. Corruption and Lack of Transparency in Government

The law provides criminal penalties for corruption by officials, and the government generally implemented these laws effectively, although officials sometimes engaged in corrupt practices.

Corruption: Although corruption was not pervasive, the sultan publicly criticized police, the military, and the immigration and labor departments for corrupt activities by some officials, among other shortcomings. In September the high court began a high-profile trial of two former judges indicted in July 2018 on 40 corruption-related charges, including money laundering and embezzling money from Brunei’s court system. The case was particularly noteworthy because the husband-and-wife pair were very well connected–one was the son of the minister of religious affairs and the other the daughter of a retired high-ranking military officer.

Financial Disclosure: Government officials are not subject to routine financial disclosure reports, but by law officials must declare their assets if they are the subject of an investigation. The government did not make these declarations public. The Anticorruption Bureau also issued a public warning to all government workers that it is empowered to investigate any official who maintains a standard of living above or disproportionate to his or her past or present emolument.

Section 5. Governmental Attitude Regarding International and Nongovernmental Investigation of Alleged Abuses of Human Rights

Neither domestic nor international human rights groups could operate freely due to government restrictions. No registered civil society organizations dealt directly with human rights, mostly due to self-censorship. A few domestic organizations worked on humanitarian issues, such as assistance for victims of domestic violence or provision of free legal counsel for indigent defendants. They generally operated with government support, and the government was somewhat cooperative and responsive to their views, although they reported practicing self-censorship and avoiding sensitive issues. Regional and other international human rights organizations occasionally operated in the country but faced the same restrictions as all unregistered organizations.

Section 6. Discrimination, Societal Abuses, and Trafficking in Persons

Bulgaria

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.

f. Protection of Refugees

Abuse of Migrants, Refugees, and Stateless Persons: Human rights organizations continued to report widespread “pushbacks,” violence, robbery, and humiliating practices against migrants and asylum seekers along the border with Turkey. In August media publications citing “internal sources” from the European border control agency FRONTEX alleged that border police had “chased migrants with dogs, beaten them, and forced them back across the border.” The interior minister denied the allegations, claiming that border guards “use force only when the situation demands it, such as in cases of aggression against them.”

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.

Refoulement: Human rights organizations criticized the government for deporting Turkish citizens back to Turkey where they would face imprisonment due to their political activity. In July, for example, the Sofia Administrative Court approved the extradition of Ilhan Karabag, a Turkish citizen of Kurdish origin, who had spent three years in a reception center as an asylum seeker. The NGO Bordermonitoring reported the presence of a representative of the Turkish diplomatic mission at the court hearings and protested, asserting the presence of the representative was an attempt to pressure the court.

Access to Asylum: The law provides for granting asylum or refugee status, and the government has established a system for protecting refugees. The president may grant asylum to persons who are persecuted for their belief or activities advocating for internationally recognized rights and freedoms. Asylum seekers and refugees who cross the border irregularly are subject to detention.

Freedom of Movement: The law restricts asylum seekers’ movement to the administrative region in which the reception center where they have been accommodated is located. The restriction is valid until the asylum procedure is completed.

Access to Basic Services: The refugee integration ordinance authorizes mayors to sign integration agreements with persons who have refugee status, specifying the services they will receive–housing, education, language training, health services, professional qualification, and job search assistance–as well as the obligations of the responsible institutions. NGOs claimed the government made inconsistent efforts to integrate refugees. According to the Asylum Information Database country report published in March, “no integration activities are planned, funded or available to the general population of recognized refugees or subsidiary protection holders.” According to the State Agency for Refugees, as of October, four refugee families totaling 27 persons had signed integration agreements, and two more families were negotiating agreements with municipal authorities.

In June the State Agency for Refugees and the International Organization for Migration inaugurated a safety zone for unaccompanied asylum-seeking children at the Voenna Rampa reception center to provide 24-hour care and specialized services in an environment adapted to their needs.

Durable Solutions: The government accepted refugees for resettlement, offered naturalization to refugees residing on its territory, and assisted in their voluntary return to their homes. As of November the country had accepted 67 relocated refugees and was in the process of interviewing another 26.

Temporary Protection: The Council of Ministers may provide temporary protection in case of mass influx of foreign nationals driven by an armed conflict, civil war, violence, or large-scale human rights violations in their country of origin, as determined by the Council of the European Union. The government also provided humanitarian protection to individuals who may not qualify as refugees and provided it to 208 persons as of September.

Section 4. Corruption and Lack of Transparency in Government

While the law provides criminal penalties for corruption by officials, the government did not implement the law effectively, and officials in all branches of government reportedly engaged in corrupt practices with impunity. During the year there were reports of government corruption, including bribery, conflict of interest, elaborate embezzlement schemes, procurement violations, and influence trading.

In March the European Commission’s annual European Semester Report identified corruption as a major obstacle to investment and noted that the “fight against corruption remains a challenge,” insisting that “authorities need to show a stable record of effectively investigating and prosecuting high-level corruption cases, including [those] involving politicians.” In its October report, the European Commission acknowledged the country’s anticorruption reform efforts but noted that its “positive effects… remain to be seen” since “very few final convictions have been adopted and enforced in cases involving high-level corruption.”

Corruption: In January Transparency International Bulgaria stated there had been no significant progress in the country’s anticorruption efforts. In March the Sega newspaper reported it had obtained official Justice Ministry information that only nine persons sentenced on petty corruption-related crimes served actual prison time. In April Standart reported that the prosecutor general stated at a national security council meeting that there were ongoing corruption investigations against 140 high-level government officials, including members of the National Assembly, ministers, deputy ministers, mayors, heads of agencies, and tax and customs officials, and that they had resulted in 39 indictments.

On April 15, the Specialized Criminal Court sentenced the former mayor of Sofia’s Mladost district, Desislava Ivancheva, to 20 years in prison, a 20,000 lev ($11,200) fine, property confiscation, and a ban on holding high-level public office for 20 years. Ivancheva’s former deputy, Bilyana Patrova, received 15 years in prison, a 15,000 lev ($8,400) fine, property confiscation, and a ban on holding high-level public office for 15 years. Another former Mladost district mayor, Petko Dyulgerov, received 12 years in prison, a 12,000 lev ($6,720) fine, and property confiscation. According to the prosecution, Ivancheva solicited a 500,000-euro ($550,000) bribe from an investor in construction projects, with Dyulgerov serving as an intermediary and Petrova acting as an accomplice.

In April the Constitutional Court abolished changes to the code on administrative procedure that had increased fees for second appeals by a factor of 14 for individuals and 70 for organizations. The court’s decision was based on petitions by the president, the ombudsman, and 53 National Assembly members who shared the opinion of NGOs that asserted the amendments imposed severe restrictions on access to administrative justice and restricted the ability to challenge the legality of acts by the public administration.

Financial Disclosure: The law mandates that government officials make annual public declarations of their assets and income as well as any circumstances in which they could face accusations of using their position for personal gain. The Commission for Combating Corruption and Forfeiture of Illicit Assets verified and monitored disclosures for all officials except magistrates, whose declarations were monitored by the Supreme Judicial Council’s inspectorate. High-level public officials and magistrates who fail to submit a financial disclosure declaration can incur fines of up to 3,000 levs ($1,680), and up to 6,000 levs ($3,360) for a repeat violation. The provision was enforced during the year. In March the commission reported identifying omissions or discrepancies in more than 10 percent of the annual declarations, attributing it to the new procedures and the lack of an information campaign.

In June the Commission for Combating Corruption and Forfeiture of Illicit Assets exonerated seven senior political figures, including the head of the Supreme Cassation Court, the minister of justice, and the ruling GERB party’s deputy chairman and National Assembly member, of conflict of interest allegations. The NGO Anticorruption Fund released a report alleging that those officials had acquired luxury real estate property at below-market value, but the commission concluded they had not used their official status to acquire the property.

Section 5. Governmental Attitude Regarding International and Nongovernmental Investigation of Alleged Abuses of Human Rights

A variety of domestic and international human rights groups generally operated without government restriction, investigating and publishing their findings on human rights cases. Human rights observers reported uneven levels of cooperation from national and local government officials. Some political parties, civic movements, and media outlets advocated closing certain NGOs because they obtained funding from foreign donors.

Government Human Rights Bodies: The ombudsman is an independent constitutional body elected by the national assembly with a five-year mandate. The ombudsman reviews individuals’ complaints against the government for violations of rights or freedoms. The ombudsman can request information from authorities, act as an intermediary in resolving disputes, make proposals to end existing practices, refer information to the prosecution service, and request the Constitutional Court to abolish legal provisions as unconstitutional.

The Commission for Protection against Discrimination is an independent specialized agency for preventing and protecting against discrimination and ensuring equal opportunity.

A National Assembly permanent committee covers religious denominations and human rights.

Section 6. Discrimination, Societal Abuses, and Trafficking in Persons

Chile

Section 2. Respect for Civil Liberties, Including:

d. Freedom of Movement

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

f. 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, including access to education and health care.

Durable Solutions: In 2018 the government announced a Democratic Responsibility visa for Venezuelans fleeing the humanitarian crisis in Venezuela. In June the government halted visa-free entry for nonimmigrant Venezuelans. Under the government’s immigration reform, the Democratic Responsibility Visa is the primary means for Venezuelans to work or establish legal residency in Chile. In 2018 the government began facilitating the voluntary repatriation of more than 1,200 Haitians to Port-au-Prince under its Humanitarian Plan for Orderly Returns program. Haitians wishing to participate must sign a declaration that they will not return to Chile within nine years of departing.

Section 4. Corruption and Lack of Transparency in Government

The law provides criminal penalties for corruption by officials, and the government generally implemented those laws effectively. There were isolated reports of government corruption during the year.

Corruption: Two former commanders in chief of the army, Humberto Oviedo and Juan Miguel Fuente-Alba, were arrested and charged with corruption. The two were alleged to have embezzled or misappropriated more than eight billion pesos (CLP) ($11.5 million) during their terms in command of the army (2010-18). They were the highest-ranking officers to be charged in a large-scale criminal investigation that, according to the National Prosecutor’s Office, involved nearly 600 current or former officers suspected of misappropriation of funds as of November 2018. The investigation and related criminal prosecutions continued as of October.

On September 6, the Public Ministry announced additional charges against former director general of the Carabineros Eduardo Gordon, increasing the amount of funds he allegedly misappropriated to CLP 70 million ($96,000), up from the CLP 21 million ($30,000) originally announced in 2018. The charges stemmed from alleged misappropriation of representational expenses for personal use during Gordon’s time as director general of the Carabineros in 2010 and 2011. As of October the investigation was in progress.

Financial Disclosure: Law and regulation require income and asset disclosure by appointed and elected officials. Declarations are made available to the public, and there are administrative sanctions for noncompliance.

Section 5. Governmental Attitude Regarding International and Nongovernmental Investigation of Alleged Abuses of Human Rights

A number of domestic and international human rights groups generally operated without government restriction, investigating and publishing their findings on human rights cases. Government officials were cooperative and responsive to their views.

Government Human Rights Bodies: The National Institute for Human Rights (INDH) operated independently and effectively, issued public statements and an annual report, and proposed changes to government agencies or policies to promote and protect human rights. The government enacted legislation designating the INDH as the country’s National Preventive Mechanism against Torture under the Optional Protocol to the UN Convention against Torture.

The Senate and Chamber of Deputies have standing human rights committees responsible for drafting human rights legislation.

Section 6. Discrimination, Societal Abuses, and Trafficking in Persons

Croatia

Section 2. Respect for Civil Liberties, Including:

d. Freedom of Movement

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

f. Protection of Refugees

Abuse of Migrants, Refugees, and Stateless Persons: International and domestic NGOs and international organizations outside of the country such as the Office of the UN High Commissioner for Refugees (UNHCR) reported police pushbacks of migrants, some of whom may have been asylum seekers, attempting to enter the country illegally, particularly on the country’s border with Bosnia and Herzegovina, and alleged border police subjected migrants to degrading and abusive treatment, including theft and destruction of migrants’ property during pushbacks. Human Rights Watch claimed that reported police pushbacks of migrants into Bosnia and Herzegovina were illegal under international law. Amnesty International also reported police abuse of migrants and pushbacks. Interior Minister Davor Bozinovic denied reports of migrant abuse. According to Bozinovic, the Ministry of the Interior received more than 200 complaints of alleged illegal and violent pushbacks of migrants, but, following investigations, found no evidence to support the allegations.

In March the ombudsperson received an anonymous complaint by a border police officer alleging that illegal mistreatment of migrants was ordered by police superiors. The ombudsperson notified the State Attorney’s Office and requested an independent investigation. In the absence of a response from the State Attorney’s Office, in June she notified parliament. The Ministry of the Interior ultimately dismissed those claims as unsubstantiated and inaccurate.

In November there were reports of two separate shootings of migrants by police, both resulting in injuries. In the first incident, police reported an Afghan migrant was shot accidentally when a police officer fired a warning shot. The officer evacuated the migrant, who was in critical condition, to a hospital. In the second incident, police reported a migrant was accidentally shot while resisting arrest. The investigation into the first shooting was completed in December and it was found to have been an accident. There was no additional information on the status of the victim. The investigation into the second shooting was ongoing at year’s end.

Interior Minister Bozinovic said the country encouraged and promoted strengthening legal pathways for persons in need of international protection and carried out an EU resettlement program for Syrian refugees from Turkey.

The government in most cases cooperated with UNHCR and other humanitarian organizations in providing protection and assistance to refugees, asylum seekers, stateless persons, and other persons of concern.

Access to Asylum: The law provides for the granting of refugee status and subsidiary protection status and the government has established a system for providing protection to asylum seekers. NGOs reported authorities at the borders between Serbia and Bosnia and Herzegovina prevented some migrants from applying for international protection, although officials denied these reports.

Durable Solutions: During the year the government received 98 refugees and asylum seekers under the EU Resettlement Program, for a total of 250 refugees and asylum seekers since the program began in 2015. In accordance with decisions of the Council of the EU to relocate migrants from Italy and Greece, the government received an additional 81 asylum seekers and resettled 250 Syrian refugees from Turkey.

The government continued to participate in a joint regional housing program (RHP) with the governments of Bosnia and Herzegovina, Montenegro, and Serbia. The RHP aimed to contribute to the resolution of the protracted displacement situation of the most vulnerable refugees and displaced persons following the 1991-95 conflict. As of September, the RHP had provided housing to 289 families (674 individuals) in the country.

Temporary Protection: The Ministry of Interior reported that from January to December 11, the government provided asylum to 153 refugees who had a well-founded fear of persecution if they returned to their home country. The country also has a mechanism for subsidiary protection for those who do not qualify for asylum and granted protection to one person during the year.

Section 4. Corruption and Lack of Transparency in Government

The law provides criminal penalties for corruption by officials, and the government generally implemented the law effectively. State prosecutors continued to prosecute several major corruption cases involving mayors, politicians, and public figures, and the judiciary generally imposed statutory penalties in cases in which there was a conviction. High-profile convictions for corruption, however, were frequently overturned on appeal. Corruption remained a problem, and significant numbers of high-profile corruption cases were underway.

Corruption: Several corruption cases against former high-level government officials reported in previous years were still pending. On May 23, the Supreme Court increased the corruption sentence of former prime minister Ivo Sanader to six years’ imprisonment, after prosecutors appealed an earlier four-and-a-half-year sentence from a lower court. Sanader was found guilty of assisting former Croatian Democratic Union member of parliament Stjepan Fiolic in a 2009 real estate deal that provided Sanader 17 million kuna ($2.6 million) in proceeds. Separate trials continued against Sanader on other corruption-related charges. On December 30, in one of these, the Zagreb County Court sentenced Sanader to a first instance appealable ruling of six years’ imprisonment for accepting a bribe of approximately $11 million during 2009 negotiations with Hungarian energy firm Hungarian Oil and Gas Public Limited Company, which was seeking management control of Croatian energy firm Oil Company, Public Stock Company.

The Office for the Suppression of Corruption and Organized Crime launched an investigation into former administration minister Lovro Kuscevic, who, while mayor of a municipality on Brac Island, was suspected of initiating an unlawful change in the municipality’s urban plan as well as enabling his brother-in-law to buy a government-subsidized flat. He resigned as minister in July and returned to parliament, which later stripped him of immunity from prosecution. The investigation covered three other officials suspected of abuse of office, incitement to abuse, and giving false depositions. The case was ongoing at year’s end.

Financial Disclosure: The law requires that public officials declare their assets and income, and government officials generally complied with this requirement. This information was available to the public. Fines are the penalty for noncompliance. During the year the Commission for Dealing with the Conflict of Interest fined two members of parliament, Ivan Sincic and Anka Mrak Taritas, and one state secretary, Zeliko Uhlir, for irregularities in their financial disclosure forms.

Section 5. Governmental Attitude Regarding International and Nongovernmental Investigation of Alleged Abuses of Human Rights

A variety of domestic and international human rights groups sometimes operated without government restriction, investigating and publishing their findings on human rights cases. Domestic NGOs working on migrants’ rights issues, however, reported police pressure. Two NGOs claimed their contracts to provide refugee services in asylum seeker reception centers were terminated due to their public criticism of police for alleged violence against migrants (see section 2.f.). Government officials generally were cooperative and responsive to their views.

Government Human Rights Bodies: The country has an ombudsperson for human rights who investigated complaints of human rights abuses, as well as three additional ombudspersons for gender equality, disabled persons, and children. The law stipulates that parliament cannot dismiss the ombudsperson for human rights because of dissatisfaction with his or her annual report. Parliament may dismiss the other three if it does not accept their annual reports. Ombudspersons admitted that this limited their ability to do their jobs thoroughly and independently and imposed political influence over their work.

The law authorizes ombudspersons to initiate shortened procedures in cases where there is sufficient evidence of the violation of constitutional and legal rights.

Section 6. Discrimination, Societal Abuses, and Trafficking in Persons

Czech Republic

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.

f. Protection of Refugees

Abuse of Migrants, Refugees, and Stateless Persons: Acts of physical intimidation and vandalism remained serious concerns. NGOs focusing on migration issues reported an increase in telephone and email threats, including death threats (see section 6, Other Societal Violence and Discrimination).

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

Access to Asylum: The law provides for the granting of asylum or refugee status, and the government has an established system for providing protection to refugees and other specifically endangered foreign nationals.

According to the Ministry of Interior, during the first eight months of the year the average length of asylum procedures was 73 days. The length of asylum procedures in 90 percent of all cases met all legal requirements. In the remaining cases, asylum applicants received information about new deadlines for completing the asylum process in compliance with the law. Under the law, the Ministry of Interior should decide on asylum cases within six months if the applicant has submitted all required documents. Observers criticized the length and substance of some decisions.

The ombudsperson’s office issued an official complaint in February criticizing the Ministry of Interior for exceeding the legal deadlines for processing asylum applications for 78 Chinese Christians who filed asylum requests in 2016. The office also stated the ministry failed to inform parties about the deadline extension. In February 2018 the ministry granted asylum to eight individuals and rejected the remaining applications. According to ministry officials, the applicants were not able to prove their claims of persecution or that their lives were in danger as practicing Christians. Most of the rejected applicants appealed the ministry’s decisions in court, and some cases were returned to the ministry for review.

In April the Constitutional Court ruled former justice minister Robert Pelikan’s March 2018 decision to extradite Russian hacker Yevgeny Nikulin violated Nikulin’s rights because his asylum claim was still in process. The ruling prevents future extraditions from occurring while an asylum claim is still in process.

Safe Country of Origin/Transit: The country generally adheres to the Dublin III Regulation, which calls for authorities to return asylum seekers to the first EU country they entered. The Ministry of Interior accepted asylum applications from individuals arriving from or through countries deemed to be safe, as defined by law. Authorities reviewed all cases individually, but usually did not grant international protection to these applicants. Authorities added 12 countries to the list of safe countries in March.

Freedom of Movement: The length of detention for illegal migrants and rejected asylum seekers was shortened due to implementing a voluntary return system. By law, migrants facing deportation or waiting for voluntary repatriation because of ordered deportation can be detained for up to 180 days. If there are children accompanying the adults, detention can last no more than 90 days with no possibility of further extension. Vulnerable persons, including families, cannot be detained if they apply for international protection.

As of September there were 75 migrants in detention facilities in the country. Five migrants were in a detention facility specifically designed for vulnerable groups, single women without children, and families with children. The Ministry of Interior reported there were no displaced children in the country during the year.

In December 2018 the Constitutional Court annulled some parts of the 2017 amendment to the foreigners’ law ruling courts must still review the legality of detaining foreign nationals even after their release or deportation to ensure they were not detained illegally despite an attempt by the government to eliminate this procedure. The Constitutional Court also annulled a provision that halted foreign nationals’ temporary or permanent residence proceedings if it became apparent they were in the country illegally or had a deportation order.

Durable Solutions: A national integration program managed by the government in close cooperation with UNHCR and NGOs continued. Under the State Integration Program, beneficiaries of international protection are entitled to temporary accommodation, social services, Czech language training, and assistance with finding employment and permanent housing. Children are entitled to school education. In July the government amended the foreigners’ law to include government funding for integration centers beginning July 2020. The centers were previously dependent on EU funding.

The Ministry of Interior runs a long-term program to resettle vulnerable persons with Czech roots back in the Czech Republic. Under the program, the ministry in 2018 resettled approximately 2,000 persons from Ukraine and Venezuela.

The Ministry of Interior started its own assisted voluntary return program in 2017 and effectively used it to help 378 individuals return to their country of origin in 2018. As of September 1, approximately 222 individuals had been voluntarily returned to their countries of origin in 2019.

Temporary Protection: The government provided temporary protection (called “subsidiary protection” in the EU) to individuals who may not qualify as refugees. As of September 1, subsidiary protection was granted to 66 individuals during the year. Under EU guidelines, individuals granted subsidiary protection are eligible for temporary residence permits, travel documents, access to employment, equal access to health care and housing, and school education for children.

In July the Ministry of Interior granted subsidiary protection to eight Taiwanese fraud suspects detained in Prague. The group was arrested in February 2018 following a Chinese Interpol notice that it had defrauded Chinese women in Australia. The Prague High Court ruled in June the suspects could be extradited from the Czech Republic to China. The Ministry of Interior granted them subsidiary protection due to concerns they would not receive a fair trial in China.

Section 4. Corruption and Lack of Transparency in Government

The law provides criminal penalties for corruption by officials, and the government generally implemented the law effectively. Officials sometimes engaged in corrupt practices with impunity. An offender may face up to 12 years in prison and property forfeiture. Several high-level political figures were under investigation in various regions for manipulating public contracts (e.g., the highway toll system) and abuse of official power. Court procedures were administratively demanding, and courts sometimes artificially prolonged the cases to allow lower sentencing.

Corruption remained a problem among law enforcement bodies, and the most common forms of corruption included: leaking information for payments; the unauthorized use of law enforcement databases, typically searching for derogatory information; unlawful influencing of law enforcement procedures; and blackmail.

In December the government passed legislation intended to prevent political candidates or close acquaintances from filling positions on supervisory boards in state-owned companies, beginning January 1, 2020. Candidates for these positions are to be selected in a clear, transparent process that prioritizes technical expertise and is reviewed by an advisory committee.

After 14 years of criminal proceedings, Judge Jiri Berka was sentenced to eight and a half years in prison in November 2018. He was arrested in 2005 on charges of criminal conspiracy and fraud for falsifying the bankruptcies of 10 companies, causing damages worth 264 million crowns ($11.3 million). The appeals court lowered the penalty to seven years due to the length of the procedure, and Berka began serving his sentence in April.

On October 7, David Rath, a former minister of health and former governor of Central Bohemia, began serving a seven-year sentence after a four-year appeals process. Rath was sentenced in 2015 to seven years in prison and fined 10 million crowns ($430,000) on charges of accepting a seven million crown ($300,000) bribe in 2012. Observers criticized the case’s length despite the existence of strong supportive evidence.

Observers criticized the tenuous position of principal prosecutors whom, under existing legislation, the government can remove from office without cause.

Corruption: In November the European Commission (EC) delivered a final audit examining Prime Minister Babis’ potential conflict of interest due to his alleged continued control over his Agrofert conglomerate, which had been transferred into trust funds in 2017. As of year’s end, the results of the audit had not officially been made public; the government is required to respond to the report in early 2020. In a separate case, Czech prosecutors reopened legal proceedings in December to review allegations that he had improperly received agricultural subsidies from the European Union.

Financial Disclosure: Public officials’ asset declarations are available on the internet in a limited form or by request submitted to the Ministry of Justice. The Ministry of Justice can impose penalties of up to 50,000 crowns ($2,000) for noncompliance, but many politicians either did not or only partially fulfilled their obligation. The law also requires judges, prosecutors, directors of research institutions, and selected professional army personnel to disclose their assets. Their information is not available to the public for security reasons.

An amendment to the Free Access to Information law was passed in March that introduced new measures to strengthen citizens’ right to information beginning in 2020. Under the new law, citizens would be able to request a higher-ranking office to compel a subordinate office to provide requested information, absent grounds for refusal. The Office for Personal Data Protection would now have the right to issue similar orders and to review decisions not to provide information.

Parliament amended the Registry of Public Contracts law in June and partially canceled exceptions for major state-owned companies, such as Czech Energy Company, Czech Railways, Prague Gas Company, and others. As of November 1, the companies were obliged to publish all private and grant contracts or repayable financial assistance at the registry if not subject to other exceptions, such as contracts with a value of 50,000 crowns ($2,000) or less. Observers complained sponsorship contracts, legal advisory, and media services would be excluded. The registry is available to the public.

Section 5. Governmental Attitude Regarding International and Nongovernmental Investigation of Alleged Abuses of Human Rights

A variety of domestic and international human rights groups generally operated without governmental restriction, investigating and publishing their findings on human rights cases. Government officials were often cooperative and responsive to their views, although some politicians disparaged NGOs in public remarks. Additional proposals to restructure state financing for NGOs resulted in general uncertainty about future funding.

Government Human Rights Bodies: The government abolished the position of minister for human rights in 2018. The director of the Section for Human Rights at the Office of the Government holds the title of commissioner for human rights.

The Office of the Government had several advisory and working-level bodies related to human rights, such as the Government Council for Human Rights, the Interministerial Commission for Romani Community Affairs, the Council for National Minorities, the Anticorruption Committee, and the Board for Persons with Disabilities.

The ombudsperson operated without government or party interference and had adequate resources. Human rights observers generally regarded the ombudsperson as effective. The office issued quarterly and annual reports to the government on its activities in addition to reports and recommendations on topics of special concern. The most frequent discrimination complaints reported to the ombudsperson related to ethnic, disability, and age-based discrimination.

In addition to the public defender of rights, there were ombudspersons for security forces and for education.

Section 6. Discrimination, Societal Abuses, and Trafficking in Persons

Denmark

Section 2. Respect for Civil Liberties, Including:

d. Freedom of Movement

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

f. 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 government limits the rights of persons with subsidiary or temporary protection to family reunification, restrictions not applied to persons recognized as refugees.

In September the government stated it would close Sjaelsmark, a departure center run by the Danish Prison and Probation Service for rejected asylum seekers who cannot be returned to their country of origin. The editor of an NGO’s informational website, Refugees.dk, wrote that conditions at Sjaelsmark were “deliberately as unpleasant as possible.” Residents were not allowed to work, cook, or claim benefits. An April report by the Danish Red Cross found a significant proportion of children living at the center suffered from difficulty sleeping and decreased appetite. On November 21, the government and its supporting parties signed a deal which committed the government to remove 220 children and their parents from the Sjaelsmark Departure Center before April 2020.

Freedom of Movement: On July 19, the Supreme Court ruled illegal the extended detention of a rejected Iraqi asylum seeker. The law limits the initial period of immigration detention to six months, which can be extended to 18 months if special circumstances exist. Authorities allegedly extended the Iraqi’s detention past six months to influence cooperation with deportation proceedings.

Safe Country of Origin/Transit: The country employs the EU’s Dublin III regulation, which permits authorities to turn back or deport individuals who attempt to enter the country through a “safe country of transit” or are registered in another Dublin regulation state.

Access to Basic Services: A law adopted on February 21 (see next paragraph) allows municipalities to accommodate refugees only in temporary housing, and cuts cash benefits for caregivers by approximately 20 percent.

Durable Solutions: On February 21, parliament enacted a “paradigm shift” in policy to encourage repatriation of refugees rather than their integration into the country’s society. The new law eliminated the possibility of long-term residency permits for refugees. The government did not participate with the Office of the UN High Commissioner for Refugees (UNHCR) in its program to resettle refugees.

Temporary Protection: Through the end of October, the government provided temporary protection to 254 persons who may not qualify as refugees. The figure in 2018 was 406 persons.

Section 4. Corruption and Lack of Transparency in Government

Corruption: On December 6, police announced two former civilian employees of the Ministry of Defense Estate Agency were charged with receiving bribes. One of the charged allegedly received bribes in services valued at 174 million kroner ($26.1 million), while the other allegedly received bribes in goods worth 35,250 kroner ($5,286). The case involves more than 450 alleged specific instances of wrongdoing. Three private sector employees were charged with paying bribes, complicity in paying bribes, aggravated breach of trust, and breach of trust.

Financial Disclosure: Reporting of personal finances, including from positions with private and public companies, personal businesses, donors, foreign gifts, and past/future salaries is mandatory but not enforced. Government officials may not work on specific matters in which they, persons they represent, or persons with whom they have close relations have a personal or economic interest. Officials must inform their superiors of any possible conflicts of interest that might disqualify them.

Section 5. Governmental Attitude Regarding International and Nongovernmental Investigation of Alleged Abuses of Human Rights

A variety of domestic and international human rights groups generally operated without government restriction, investigating and publishing their findings on human rights cases. Government officials were cooperative and responsive to their views.

Government Human Rights Bodies: The parliamentary ombudsman investigated complaints regarding national and local public authorities and any decisions authorities made regarding the treatment of citizens and their cases. The parliamentary ombudsman can independently inspect prisons, detention centers, and psychiatric hospitals. A European ombudsman ensured Danish compliance with EU basic rights, a consumers’ ombudsman investigated complaints related to discriminatory marketing, and two royal ombudsmen liaised between the Danish government and the governments in the Faroe Islands and Greenland. These ombudsmen enjoyed the government’s cooperation, operated without government or political interference, and were considered effective.

Section 6. Discrimination, Societal Abuses, and Trafficking in Persons

Estonia

Section 2. Respect for Civil Liberties, Including:

d. Freedom of Movement

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

f. 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 NGO Estonian Human Rights Center (EHRC) and other NGOs provided legal and social assistance to asylum seekers in cooperation with authorities. Government officials indicated that access to legal aid was available at every stage of the asylum procedure. The EHRC continued to raise concerns about the prolonged detention of asylum seekers during adjudication of cases.

Safe Country of Origin/Transit: The government has a policy of denying asylum to applicants from a “safe” country of origin or transit. Authorities asserted that they granted interviews to all individual asylum seekers.

Durable Solutions: The government assisted in the safe, voluntary return of some refugees to their countries of origin under a program of the International Organization on Migration. The country worked with the EU and the Office of the UN High Commissioner for Refugees (UNHCR) to implement a refugee resettlement program. Naturalization is open to all permanent residents of the country after five years’ residence, provided they pass mandatory citizenship and language examinations.

Temporary Protection: The government provided temporary protection to individuals who may not qualify as refugees. Temporary protection includes right to work, access to education, and health care. In 2018 the government granted temporary protection via residence permit to one person.

Section 4. Corruption and Lack of Transparency in Government

The law provides criminal penalties for corruption by officials, and the government generally implemented these laws effectively. The government has effective mechanisms to investigate and punish abuse and corruption. There were isolated reports of official corruption during the year.

Corruption: In December 2018 the Supreme Court terminated criminal proceedings (launched in 2015) against former prime minister, minister, mayor of Tallinn, and former long-serving Center Party chairman Edgar Savisaar due to his declining health. The Office of the Prosecutor General accused Savisaar of large-scale embezzlement, accepting bribes, money laundering, and accepting prohibited donations to his party.

In 2017 the Prosecutor General’s Office pressed charges against two former top managers of the state-owned Port of Tallinn, former CEO Ain Kaljurand and former board member Allan Kiil, who were indicted on charges of accepting bribes on multiple occasions and engaging in money laundering from 2005 to 2015. Each was charged with receiving millions of euros in bribes. The court case was pending.

In 2018 the number of corruption cases was approximately the same as in 2017. These cases were often related to the health sector.

Financial Disclosure: The law requires all public officials to disclose their income and assets. Designated offices have responsibility for monitoring and verifying disclosures. The financial declarations of high-level government officials were available to the public, and there are criminal and administrative sanctions for noncompliance with the law.

Section 5. Governmental Attitude Regarding International and Nongovernmental Investigation of Alleged Abuses of Human Rights

A number of domestic and international human rights groups operated without government restriction, investigating and publishing their findings on human rights cases. Government officials were cooperative and responsive to their views.

Government Human Rights Bodies: The legal chancellor, an independent official with a staff of more than 45, performs the role of human rights ombudsman. The chancellor reviews legislation for compliance with the constitution; oversees authorities’ observance of fundamental rights and freedoms and the principles of good governance; and helps resolve accusations of discrimination based on gender, race, nationality (ethnic origin), color, language, religion, social status, age, disability, or sexual orientation. The legal chancellor also makes recommendations to ministries and local governments, requests responses, and has authority to appeal to the Supreme Court. The chancellor compiles an annual report for the parliament. Public trust in the office was high, and the government was responsive to its reports and decisions.

Section 6. Discrimination, Societal Abuses, and Trafficking in Persons

Finland

Section 2. Respect for Civil Liberties, Including:

d. Freedom of Movement

The constitution and law provide for freedom of internal movement, foreign travel, emigration, and repatriation, and the government generally respected these rights. The government continued to accept returned asylum seekers who had first entered in Finland but then moved on to other European countries according to the Dublin Regulation.

f. Protection of Refugees

Refoulement: On November 14, the ECHR decided that the government violated the European Convention on Human Rights when it deported an Iraqi man to his country of origin, where he was killed three weeks later. The ECHR found that authorities had not carried out a sufficiently thorough assessment of the risks faced by the man despite accepting his account of enduring two attacks on his personal safety while in Iraq. The police and Finnish Immigration Service subsequently suspended repatriations to Iraq, although this suspension does not apply to convicted criminals.

Following an investigation in Afghanistan in 2018, the government resumed deportation flights to that country during the year.

The number of Russian-origin members of Jehovah’s Witnesses applying for asylum based on alleged religious persecution increased significantly over 2018, reaching 200 individuals by the first seven months of the year. The Finnish Immigration Service rejected approximately 90 percent of the claims by members of Jehovah’s Witnesses, and unofficial reports indicated that asylum adjudicators did not consider membership in the church alone to be sufficient basis for an asylum claim.

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. Parliament sets an annual quota for refugee admissions, and the government decides its allocation. Asylum seekers have the right to free legal representation throughout their application procedure. There were numerous reports by media and civil society organizations, including the president of the Supreme Administrative Court responsible for reviewing asylum decision appeals, that asylum seekers lacked adequate access to legal assistance during the initial stages of the asylum application process and during subsequent appeals.

Safe Country of Origin/Transit: The government adheres to the EU’s Dublin III Regulation that establishes which EU member state is responsible for examining an asylum application.

Durable Solutions: According to the Finnish Immigration Service, 606 refugees were accepted for resettlement in the country during 2018. The government also assisted in the safe, voluntary return of migrants to their home countries.

Temporary Protection: From January to August, the government provided temporary protection to 289 individuals who did not qualify as refugees but who were deemed to qualify for subsidiary protection. During the same period, the government also offered protection to 278 individuals based on “other grounds,” including medical and compassionate grounds.

Section 4. Corruption and Lack of Transparency in Government

The law provides criminal penalties for corruption by officials, and the government generally implemented these laws effectively. There were isolated reports of government corruption during the year.

Financial Disclosure: By law, appointed and elected officials must each year declare their income, assets, and other private interests that could overlap with their official duties. Officials must make their initial declaration within two months of assuming office and declare any potential conflicts of interest that arise during their tenure. The law does not provide for specific criminal penalties for nondisclosure. By law income and asset information from the tax forms of all citizens must be made public each year.

Section 5. Governmental Attitude Regarding International and Nongovernmental Investigation of Alleged Abuses of Human Rights

A number of domestic and international human rights groups generally operated without government restriction, investigating and publishing their findings on human rights cases. Government officials often were cooperative and responsive to their views.

Government Human Rights Bodies: The parliamentary ombudsman enjoyed the government’s cooperation, operated without government or party interference, and had adequate resources. The parliamentary ombudsman investigates complaints that a public authority or official failed to observe the law, fulfill a duty, or appropriately implement fundamental human rights protections.

The Human Rights Center operates as part of the parliamentary ombudsman’s office. The center’s functions include promoting human rights, reporting on the implementation of human rights obligations, and cooperating with European and international bodies on human rights matters. The center does not have authority to investigate individual human rights abuses. A delegation of representatives from civil society who participated in promoting and safeguarding human rights frequently cooperated with the center.

The parliamentary Constitutional Law Committee analyzes proposed legislation for consistency with international human rights conventions. The committee deals with legislation relating to criminal and procedural law, the courts, and the prison system.

The law requires the ombudsman for children, the nondiscrimination ombudsman, and the ombudsman for equality impartially to advance the status and legal protection of their respective reference groups. These ombudsmen operate under the Ministry of Justice. Responsibility for investigating employment discrimination rests solely with the Occupational Safety and Health Administration in the Ministry of Social Affairs and Health.

Responsibility for developing antidiscrimination policies and legislation as well as for the Advisory Board for Ethnic Relations resides with the Ministry of Justice’s Unit for Democracy, Language Affairs, and Fundamental Rights. The Advisory Board for Ethnic Relations advocates for policy changes to improve integration.

The nondiscrimination ombudsman also operated as an independent government-oversight body that investigates discrimination complaints and promotes equal treatment within the government. The nondiscrimination ombudsman also acted as the national rapporteur on trafficking in human beings and supervised the government’s removal of foreign nationals from the country.

Section 6. Discrimination, Societal Abuses, and Trafficking in Persons

France

Section 2. Respect for Civil Liberties, Including:

d. Freedom of Movement

The constitution and law provide for freedom of internal movement, foreign travel, emigration, and repatriation, and the government generally respected these rights. The law permits the government to cancel and seize passports and identification cards of French nationals in some circumstances, such as when there are serious reasons to believe that they plan to travel abroad to join a terrorist group or engage in terrorist activities.

In-country Movement: The law requires persons engaged in itinerant activities with a fixed domicile to obtain a license that is renewable every four years. Itinerant persons without a fixed abode must possess travel documents.

f. Protection of Refugees

Abuse of Migrants, Refugees, and Stateless Persons: Local authorities of Grande-Synthe, in the north of France, and eight local associations approached the Council of State with concerns about the migrants’ living conditions, the “inaction” of the state, and the “violation of fundamental rights” at a gymnasium in the commune of Grande-Synthe housing hundreds of migrants in conditions NGOs described as a violation of fundamental rights. On June 21, the Council of State, the country’s highest administrative court, ordered authorities to install water points, showers, and toilets in the gymnasium. The Council of State gave regional authorities eight days to install “sufficient” resources and to provide some 700 migrants with information, in their own languages, about their rights. The Council ruled that the state had been deficient in executing its responsibility to ensure “the right not to be submitted to inhuman or degrading treatment.” Regional authorities cooperated with the ruling. In September police moved approximately 1,000 persons from the gymnasium and the surrounding tent settlement to emergency shelters elsewhere in northern France. NGOs, including Doctors of the World and Care4Calais, criticized the lack of transparency on where migrants were being taken and described the evictions as a “show of institutional violence.”

Beginning November 6, the government began a push to evacuate migrant camps before the end of the year and resettle or relocate inhabitants “in line with government regulations.” From November 6 to December 4, police evacuated at least four migrant camps housing an estimated 3,500 to 4,000 migrants around the country. On November 28, a group of 20 NGOs, including Doctors without Borders and the human rights organization La Cimade, issued a statement criticizing the “infernal cycle of camps, evacuations, and police harassment” and the continuation of evacuations without providing viable long-term housing solutions. Within 48 hours of one evacuation, the group noted “the return to the street of dozens of people” who did not “meet the required administrative criteria” for more permanent housing.

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, stateless persons, returning refugees, and other persons of concern.

Refoulement: Amnesty International France and La Cimade criticized the country for its deportation of migrants to Afghanistan, stating on October 25 that the level of attacks on civilians in Afghanistan meant “forced deportations of Afghans are illegal and violate the principle of nonrefoulement.” On September 9, InfoMigrants news organization reported the Ministry of Interior confirmed 11 deportations to Afghanistan in 2018, the same number as in the previous year. Deportations to Afghanistan continued during the year.

Access to Asylum: The country’s laws provide for the granting of asylum or refugee status, and the government has a system for providing protection to refugees. The system was active and accessible to those seeking protection. The Office for the Protection of Refugees and Stateless Refugees (OFPRA) provided asylum application forms in 24 languages, including English, Albanian, Russian, Serbo-Croatian, Turkish, Tamil, and Arabic. Applicants, however, must complete them in French, generally without government-funded language assistance. Applications for asylum must be made on French territory or at a French border-crossing point. Asylum seekers may request from a French embassy or consulate a special visa for the purpose of seeking asylum in France. After arrival in France, the visa holder must follow the same procedure as other asylum seekers in France; however, the visa holder is authorized to work while his or her asylum application is processed and evaluated, unlike other applicants. Asylum seekers may appeal decisions of the OFPRA to the National Court on Asylum Law.

In 2018 parliament adopted an asylum and immigration bill intended to reduce the average time for processing asylum applications to six months and shorten from 120 to 90 days the period asylum seekers have to make an application. It also includes measures to facilitate the removal of aliens in detention, extend from 45 to 90 days the maximum duration of administrative detention, and from 16 to 24 hours the duration of administrative detention to verify an individual’s right to stay. The new law extends the duration of residence permits for subsidiary and stateless refugees from one year to four years and enables foreigners who have not been able to register for asylum to access shelter. It includes measures to strengthen the protection of girls and young men exposed to the risk of sexual mutilation, states that a country persecuting LGBTI persons cannot be considered “safe,” and adopts protective provisions on the right to remain for victims of domestic violence. By law unaccompanied migrant children are taken into the care of the child protection system.

OFPRA stated that priority attention was given to female victims of violence, persons persecuted on the basis of their sexual orientation, victims of human trafficking, unaccompanied minors, and victims of torture.

In a report published June 5, Amnesty International accused authorities of harassing, intimidating, and assaulting people offering aid to migrants in the north of France in a deliberate attempt to discourage their work. The report, Targeting Solidarity, noted that security forces engaged in a deliberate attempt “to curtail acts of solidarity” offered by activists to migrants, asylum seekers and refugees. Authorities harassed, intimidated, and even violently assaulted people offering humanitarian aid and other support.

Safe Country of Origin/Transit: The government considered 16 countries to be “safe countries of origin” for purposes of asylum. A “safe country” is one that provides for compliance with the principles of liberty, democracy, rule of law, and fundamental human rights. This policy reduced the chances of an asylum seeker from one of these countries obtaining asylum but did not prevent it. While individuals originating in a safe country of origin may apply for asylum, they may receive only a special form of temporary residence status that allows them to remain in the country. Authorities examined asylum requests through an emergency procedure that may not exceed 15 days. Countries considered “safe” included Albania, Armenia, Benin, Bosnia and Herzegovina, Cabo Verde, Georgia, Ghana, India, Kosovo, Mauritius, Moldova, Mongolia, Montenegro, North Macedonia, Senegal, and Serbia.

Freedom of Movement: Authorities maintained administrative holding centers for foreigners who could not be deported immediately. Authorities could hold undocumented migrants in these facilities for a maximum of 90 days, except in cases related to terrorism. There were 24 holding centers on the mainland and three in the overseas territories with a total capacity of 1,970 persons.

On June 4, six refugee and migrant assistance associations (Association Service Social Familial Migrants, Forum-Refugies-Cosi, France Terre d’Asile, Cimade, Ordre de Malte, and Solidarite Mayotte) released a joint annual report that estimated 45,000 undocumented migrants were placed in administrative holding centers in 2018, representing a slight decrease from 47,000 in 2017.

According to the associations’ annual report, the government detained 1,429 children. The report noted, however, that in 86 percent of the cases, the duration of detentions did not exceed 48 hours. Since the law prohibits the separation of children from their parents, they were detained together. Civil society organizations continued to criticize the provision of the 2018 asylum and immigration bill that doubled the maximum detention time for foreigners subject to deportation to up to 90 days.

On September 17, authorities cleared more than 800 migrants, mainly Iraqi Kurds, from a makeshift camp near the northern port of Dunkirk, after the Lille administrative court ruled on September 4 it had become a health and security hazard. A total of 811 persons, including 506 young men and 58 unaccompanied minors, were cleared from the gym and makeshift camp. They were resettled in public facilities elsewhere in the country while they waited for the government to register and review their eligibility for asylum.

Durable Solutions: The government has provisions to manage a range of solutions for integration, resettlement, and return of migrants and unsuccessful asylum seekers. The government accepted refugees for resettlement from other countries and facilitated local integration and naturalization, particularly of refugees in protracted situations. The government assisted in the safe, voluntary return of migrants and unsuccessful asylum seekers to their home countries. In 2018 the government voluntarily repatriated 10,678 undocumented migrants, including 2,709 minors, to their countries of origin. On September 6, the Ministry of the Interior announced a temporary increase of financial return aid to foreigners (except those from the EU or visa-exempt countries) from 650 euros ($715) to 1,850 euros ($2,035).

Temporary Protection: Authorities may grant individuals a one-year renewable permit and can extend the permit for an additional two years. According to OFPRA, the government did not grant temporary protection in 2018, the most recent year for which information was available.

Section 4. Corruption and Lack of Transparency in Government

The law provides criminal penalties for corruption by officials, and the government generally implemented the law effectively. There were some reports of government corruption during the year.

Corruption: On October 18, Patrick Balkany, mayor of the Parisian suburb Levallois-Perret, and his wife Isabelle, deputy mayor, received prison sentences for money laundering of five and four years, respectively. The couple, both 71, were also barred from holding public office for 10 years. The court dropped corruption charges for lack of evidence. The sentence came a month after their conviction on tax fraud charges, for which Patrick Balkany received a four-year sentence and Isabelle a three-year sentence, in addition to a 10-year bar on holding elected office. The pair were charged with hiding two luxury villas and other assets from the tax authorities and evading around four million euros ($4.4 million) in taxes.

Financial Disclosure: The president, members of parliament and the European Parliament, ministers, regional and departmental council heads, mayors of larger communities, and directors of government-owned companies (post office, railway, and telephone) are required to declare their personal assets to the Commission for the Financial Transparency of Political Life at the beginning and end of their terms. The commission issued and made available to the public periodic reports on officials’ financial holdings on a discretionary basis at least once every three years. Officials who fail to comply are subject to sanctions.

The Central Office for Combating Corruption and Financial and Tax Crimes investigated offenses including tax fraud, influence peddling, and failure of elected officials to make financial disclosures or report their own violations of the law.

On September 15, Justice Minister Nicole Belloubet admitted that she “forgot to mention” her ownership shares, totaling 336,000 euros ($370,000), of three properties in a 2017 financial disclosure. She corrected the document after being questioned by political opponent Jean-Luc Melenchon. The properties did not appear in a first statement filed in 2017, but they were included in a later 2017 disclosure. Belloubet stated the omission was in error and added that she had declared these properties in previous asset declarations. She stated that the High Authority for the Transparency of Public Life had recognized she had “no intention of fraud.”

Section 5. Governmental Attitude Regarding International and Nongovernmental Investigation of Alleged Abuses of Human Rights

A wide variety of domestic and international human rights organizations generally operated, investigated, and published their findings on human rights cases without government restrictions. Government officials were cooperative and responsive to their views.

Government Human Rights Bodies: The National Consultative Commission on Human Rights (CNCDH) advised the government on human rights and produced an annual report on racism and xenophobia. Domestic and international human rights organizations considered the CNCDH independent and effective. Observers considered the Defender of Rights independent and effective, with access to all necessary resources.

Section 6. Discrimination, Societal Abuses, and Trafficking in Persons

Germany

Section 2. Respect for Civil Liberties, Including:

d. Freedom of Movement

The constitution 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 (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.

In 2016 the federal government issued a law requiring refugees with recognized asylum status who received social benefits to live within the state that handled their asylum request for a period of three years, and several states implemented the residence rule. States themselves can add other residence restrictions, such as assigning a refugee to a specific city. Local authorities who supported the rule stated that it facilitated integration and enabled authorities to plan for increased infrastructure needs, such as schools.

f. Protection of Refugees

Abuse of Migrants, Refugees, and Stateless Persons: On August 21, the law addressing deportation, known as “better implementing the obligation to leave the country,” entered into force. In an open letter, 22 NGOs, including lawyers’ and judges’ associations and child rights, welfare, and human rights organizations, called on the Bundestag to reject the law, which they criticized for its focus on ostracizing migrants and for its alleged violation of human rights. Under the law, all asylum seekers will have to remain in initial reception facilities until the end of their asylum procedure, up to 18 months. Until passage of the new law, this only applied to those from “safe countries of origin.” Rejected asylum seekers who do not cooperate sufficiently in obtaining travel documents can be obliged to stay in the institutions for longer than 18 months. Authorities are now able to arrest persons who are obliged to leave the country without a court order. Persons obliged to leave the country who do not attend an embassy appointment to establish their identity can be placed in detention for 14 days. The law indicates that persons detained under “deportation detention”–including families and children–will be held in regular prisons. NGOs such as Pro Asyl, Amnesty International, and the Jesuit Refugee Service criticized this as contradicting “the clear case law of the European Court of Justice,” which calls for a strict separation of deportation detention and imprisonment. Refugees deemed to be flight risks can be taken into preventive detention. Officials who pass on information about a planned deportation are liable to prosecution. Legal scholars stress the regulations are legally problematic, as both the German constitution and the EU Return Directive pose high hurdles for deportation detention. The law also provides for the withdrawal of all social benefits from those recognized as asylum seekers in other EU states after two weeks. Of the 16 federal states, 11 announced they would not implement the law.

Assaults on refugees, asylum seekers, and migrants continued, as did attacks on government-provided asylum homes. On April 14, a video appeared online showing four security guards beating an asylum seeker in Halberstadt, Saxony-Anhalt. Saxony-Anhalt’s Interior Ministry suspended the four security guards and ordered an investigation of the incident. The investigation was ongoing as of November.

In May the Council of Europe’s Committee for the Prevention of Torture (CPT) criticized the country’s deportation practices for rejected asylum seekers, including the practice of not informing detainees of their exact deportation date. In its report the CPT also called on the country’s government to refrain when deporting migrants from “disproportionate and inappropriate” use of force, such as methods that cause suffocation or severe pain. On a deportation flight in August 2018 the CPT’s experts had witnessed a police officer pressing his arm against a deportee’s neck, which restricted his ability to breathe. Another police officer repeatedly squeezed the genitals of the same man, who was tied with tape. The CPT also specifically condemned methods in the Eichstaett, Bavaria, detention center, where security guards were not specially trained and detainees lived in prison-like conditions that included limited access to multipurpose rooms, lack of access to their own clothing, and no ability to speak directly to a doctor. In response, the Federal Ministry of Justice rejected accusations that a direct visit to the doctor was not possible. It further asserted detainees usually did not have enough clothing to change regularly and needed to supplement this with clothing from the detention center when their own clothing was being washed.

Refoulement: In 2018 the government lifted its deportation ban for Afghanistan, and approximately 200 refugees were deported to that country during the first six months of the year. Previous federal policy permitted deportations only of convicted criminals and those deemed a security risk. NGOs including Amnesty International criticized the policy as a breach of the principle of refoulement.

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 country faced the task of integrating approximately 1.3 million asylum seekers, refugees, and migrants who arrived between 2015 and 2017, as well as an additional 305,943 who requested asylum in 2018 and during the first six months of the year. The heavy influx of asylum seekers, refugees, and migrants taxed the country’s infrastructure and resources.

The NGO Pro Asyl criticized the “airport procedure” for asylum seekers who arrive at the country’s airports. Authorities stated the airport procedure was used only in less complex cases and that more complex asylum cases were referred for processing through regular Federal Office for Migration and Refugees (BAMF) channels. Authorities maintained that only persons coming from countries the government identified as “safe” (see below) and those without valid identification documents could be considered via the “fast track procedure.” The “fast track procedure” enabled BAMF to decide on asylum applications within a two-day period, during which asylum applicants were detained at the airport. If authorities denied the application, the applicant had the right to appeal. Appeals were processed within two weeks, during which the applicant was detained at the airport. If the appeal was denied, authorities deported the applicant. The NGO Fluechtlingsrat Berlin criticized a similar “fast track” or “direct” procedure applied to some asylum seekers in Berlin. The organization claimed asylum applicants were not provided with sufficient time and access to legal counsel.

In April 2018 BAMF suspended the head of its Bremen branch amid allegations that the official improperly approved up to 2,000 asylum applications. In April, however, a BAMF review concluded that just 50 Bremen asylum decisions (0.9 percent) should be subject to legal review–a proportion below the national average of 1.2 percent.

A Hamburg lawyer and former Green party state parliamentarian confirmed in February that he was representing four German families with seven children aged two to 14 who were calling on the German Ministry of Foreign Affairs for repatriation from Syria and Iraq, where they had joined the Islamic State. In April the government allowed one of the mothers to return from Iraq to Germany with her three children; the mother was promptly arrested. In November an appeals court in Berlin ruled the German government must repatriate from Syria the German wife and three children of an Islamic State member. Their lawyer said he hoped the decision would set a precedent for the 20 other German mothers and 40 children he represented.

Safe Country of Origin/Transit: The country adheres to the EU’s Dublin III regulation, which permits authorities to turn back or deport individuals who entered the country through “safe countries of transit,” which include the EU member states, and Switzerland, Norway, Iceland, and Liechtenstein. “Safe countries of origin” also include Albania, Bosnia and Herzegovina, Ghana, Kosovo, North Macedonia, Montenegro, Senegal, and Serbia. The government did not return asylum seekers to Syria. The NGO Pro Asyl pointed out that refugees who under the Dublin III regulation fell into another EU state’s responsibility but could not be returned to that country often remained in a legal gray zone. They were not allowed to work or participate in integration measures, including German language classes.

Employment: Persons with recognized asylum status were able to access the labor market without restriction; asylum seekers whose applications were pending were generally not allowed to work during their first three months after applying for asylum. According to the Federal Employment Agency, approximately 200,000 refugees were unemployed as of July. Refugees and asylum seekers faced several hurdles in obtaining employment, including lengthy review times for previous qualifications, lack of official certificates and degrees, and limited German language skills.

The law excludes some asylum seekers from access to certain refugee integration measures, such as language courses and employment opportunities. This applies to asylum seekers from countries considered “safe countries of origin” and unsuccessful asylum seekers who cannot be returned to the country through which they first entered the area covered by the Dublin III regulation. The government did not permit asylum seekers and persons with a protected status from safe countries of origin to work if they applied for asylum after 2015.

Access to Basic Services: State officials retain decision-making authority on how to house asylum seekers, refugees, and migrants, and whether to provide allowances or other benefits.

Several states provided medical insurance cards for asylum seekers. The insurance cards allow asylum seekers to visit any doctor of their choice without prior approval by authorities. In other states asylum seekers received a card only after 15 months, and community authorities had to grant permits to asylum seekers before they could consult a doctor. The welfare organization Diakonie criticized the medical insurance card system, which only enabled asylum seekers to obtain emergency treatment. Local communities and private groups sometimes provided supplemental health care.

Durable Solutions: The government accepted for resettlement and facilitated the local integration (including naturalization) of refugees who had fled their countries of origin, particularly for refugees belonging to vulnerable groups. Such groups included women with children, refugees with disabilities, victims of trafficking in persons, and victims of torture or rape. Authorities granted residence permits to long-term migrants, asylum seekers, refugees, and migrants who could not return to their countries of origin.

The government assisted asylum seekers, refugees, and migrants with the safe and voluntary return to their countries. In the first half of the year, authorities provided financial assistance of 300 to 500 euros ($330 to $550) to 6,786 individuals to facilitate voluntary returns to their country of origin. Beneficiaries were either rejected asylum seekers or foreigners without valid identification.

The government also offered a return bonus of 800 to 1,200 euros ($880 to $1,320) per person to asylum seekers whose applications were pending but who were unlikely to have their applications approved. Most of the applicants who received this bonus came from Albania, Serbia, North Macedonia, and Iraq.

Temporary Protection: The government provides two forms of temporary protection–subsidiary and humanitarian–for individuals who do not qualify as refugees. In the first six months of the year, the government extended subsidiary protection to 11,855 persons. This status is usually granted if a person does not qualify for refugee or asylum status but might face severe danger in his or her country of origin due to war or conflict. During the same period, 3,872 individuals were granted humanitarian protection. Humanitarian protection is granted if a person does not qualify for any form of protected status, but there are other humanitarian reasons the person cannot return to his or her country of origin (for example, unavailability of medical treatment in their country of origin for a health condition). Both forms of temporary protection are granted for one year and may be extended. After five years, a person under subsidiary or humanitarian protection can apply for an unlimited residency status if he or she earns enough money to be independent of public assistance and has a good command of German.

Section 4. Corruption and Lack of Transparency in Government

The law provides criminal penalties for corruption by officials, and the government generally implemented the law effectively. There were isolated reports of government corruption during the year.

Corruption: In a June report, the Council of Europe’s Group of States against Corruption (GRECO) assessed the country as “globally unsatisfactory” and accused the Bundestag of not implementing its recommendations on the prevention of bribery of members of parliament. Of the eight recommendations GRECO made in 2014, the government had only implemented three of them satisfactorily. Among other things, GRECO faulted the Bundestag for its unclear rules with regard to dealings with lobbyists and for overly lax reporting obligations of parliamentarians, including existing or potential conflicts of interest.

Research by multiple media outlets in April examined Russia’s attempts to influence German politics, in particular through the AfD. They uncovered Russian documents from 2017 recommending that Russia provide concrete assistance to AfD candidate Markus Frohnmaier, as his victory would provide Russia with “its own absolutely controlled MP in the Bundestag.” Frohnmaier entered the Bundestag in 2017 and has taken consistently pro-Russia positions.

In March, Transparency Germany, Transparency International’s national chapter, filed a criminal complaint against Bundestag member Karin Strenz and former Bundestag member Eduard Lintner over an alleged bribery case orchestrated by the Azerbaijani government. Beginning in the early 2000s, the Azerbaijanis operated a money laundering scheme to, among other things, bribe politicians at the Council of Europe to soften human rights resolutions and election observation reports. Following an investigation, the Council of Europe banned both Strenz and Lintner for life from the Council of Europe in June 2018. In January the Bundestag presidium announced Strenz had violated the Bundestag’s rules of conduct.

Financial Disclosure: Members of state and federal parliaments are subject to financial disclosure laws that require them to publish their earnings from outside employment. Sanctions for noncompliance range from an administrative fine to as much as half of a parliamentarian’s annual salary. Appointed officials are subject to the public disclosure rules for civil servants, who must disclose outside activities and earnings. If the remuneration exceeds certain limits, which vary by grade, the employee must transfer the excess to the employing agency. Under the federal disciplinary law, sanctions for noncomplying officials include financial penalties, reprimand, or dismissal. In the corruption case involving Strenz, the Bundestag fined her more than 19,000 euros ($20,900) in March for the late disclosure of her payments from a company that passed along the money from Azerbaijan.

Section 5. Governmental Attitude Regarding International and Nongovernmental Investigation of Alleged Abuses of Human Rights

A variety of domestic and international human rights groups generally operated without government restriction, investigating and publishing their findings on human rights cases. Government officials were cooperative and responsive to their views.

Government Human Rights Bodies: A number of government bodies worked independently and effectively to protect human rights. The Bundestag has a Committee for Human Rights and Humanitarian Aid and one for Petitions. The Petitions Committee fields complaints from the public, including human rights concerns. The German Institute for Human Rights has responsibility for monitoring the country’s implementation of its international human rights commitments, including treaties and conventions. The Federal Anti-Discrimination Agency (FADA) is a semi-independent body that studies discrimination and assists victims of discrimination. The Office of the Federal Commissioner for Persons with Disabilities has specific responsibility for protecting the rights of persons with disabilities. The Justice Ministry’s commissioner for human rights oversees implementation of court rulings related to human rights protections.

Section 6. Discrimination, Societal Abuses, and Trafficking in Persons

Greece

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.

In-country Movement: Undocumented migrants arriving at Greek islands were subjected to special border reception and registration procedures and were not allowed to leave registration centers for up to 25 days. After this period, undocumented migrants remaining in those facilities were generally allowed to enter and exit but were prohibited from travelling to the mainland unless they filed asylum applications deemed admissible by the asylum authorities or were identified as “vulnerable.” This group included unaccompanied minors; persons with disabilities; the elderly; pregnant women or those who recently gave birth; single parents with young children; victims of torture, shipwrecks, and other trauma; and victims of human trafficking. Once asylum applications were filed, found admissible, and in process, migrants could move to an accommodation center on the mainland, space permitting. There was no restriction on movement in or out of the mainland accommodation centers. As of September, however, no facilities were available on the mainland even though approximately 7,000 migrants had been deemed vulnerable. The government made efforts to increase placements in the mainland and decongest the island reception and registration facilities, but a steady flow of arrivals, which accelerated during the summer and fall, caused severe overcrowding.

Some local and international NGOs reiterated criticism of the government’s practice of confining asylum seekers to the islands for initial processing exceeding 25 days.

Unaccompanied minors were placed under “protective custody” due to lack of space in specialized shelters (see section 1, Prison and Detention Center Conditions, Physical Conditions).

f. Protection of Refugees

During the year the flow of migrants and asylum seekers to the country from Africa, Asia, and the Middle East continued. As of December 16, UNHCR figures indicated 109,000 migrants and asylum seekers resided throughout the country.

On November 1, parliament amended the asylum legislation. The new rules are designed to speed up decision making on asylum applications and to increase the number of rejected applicants returned to Turkey or to their country of origin. The law, which will take effect on January 1, 2020, establishes extended periods of detention for asylum seekers; ties the treatment of asylum applications to the applicants’ cooperation (or lack thereof) with authorities; alters the appeals committees so they consist exclusively of judges, dropping a position held by a UNHCR designate; requires appeals to be filed and justified through court briefs instead of standardized documents; eliminates “post-traumatic stress disorder” as a factor that would make a refugee considered “vulnerable” and therefore ineligible to be returned to Turkey if their asylum application is denied; and codifies that rejected asylum applicants should immediately return to Turkey or their country of origin. UNHCR, as well as local and international NGOs, including the Greek National Commission for Human Rights, Human Rights Watch, the Greek Council for Refugees (GCR), the MSF, and many others, argued the law emphasized returns over protection and integration, put an excessive burden on asylum seekers, focused on punitive measures, and introduced tough requirements an asylum seeker could not reasonably be expected to fulfill.

Abuse of Migrants, Refugees, and Stateless Persons: According to a wide range of credible sources, including international organizations and NGOs, authorities did not always provide adequate security or physical protection to asylum seekers, particularly those residing in RICs. The RVRN recorded 51 incidents involving racially motivated verbal and physical violence against refugees and migrants in 2018 (Also see section 6, National/Racial/Ethnic Minorities.)

The separation and protection of vulnerable groups was not implemented at some sites. On February 9, the MSF reported that a 20-year-old male Yazidi refugee at the RIC in Fylakio, Evros, was living in a container with his visually impaired sister, his female cousin suffering from mental health problems, and three unrelated men. Media reported incidences of violence involving asylum seekers, including gender-based violence. On January 8, local and international media reported Oxfam’s findings that asylum-seeking and refugee women were wearing diapers at night for fear of leaving their tents to go to the bathroom. In its report for the rights of “children on the move” in Greece, issued on June 14, the ombudsman noted that children at the RIC in Lesvos were at risk of sexual abuse and exploitation, rape, and assault. The report stated many parents of children, especially single parents, were reluctant to queue for hours for food because they were afraid to expose their children to the risk of violence and sexual abuse. Cases of trading food in exchange for sex were also reported to the ombudsman. On April 11, PACE expressed serious concern regarding the humanitarian situation and the poor security of asylum seekers at RICs on the Greek islands as well as in centers on the mainland.

On January 23, a court in Thessaloniki sentenced a 50-year-old Iraqi man to 20 years’ imprisonment for raping his 16-year-old daughter at a reception facility in Serres.

Refugee and migrant women who were victims of gender-based violence were legally eligible for temporary shelter in government-run homes and for legal and psychosocial assistance, but few of them reported abuse. Some NGO representatives reiterated findings from previous years that even after reporting rapes to the authorities, some victims continued residing in the same camp with the perpetrators.

NGOs noted inadequate medical and psychological care for refugees and asylum seekers, especially in the six RICs, mainly attributed to the government’s inability to hire medical doctors willing to serve in such facilities. Even when the government significantly increased the salaries and reissued calls for recruitment, medical doctors expressed minimal interest.

On February 8, a Communist Party delegation visit to the reception facility in Katsikas, Epirus, noted the absence of medical care, especially for women, newborns, and children, according to media reports.

NGOs also noted inadequate psychological care for refugees and asylum seekers, especially in the six RICs. The MSF reported that 25 percent of the children they worked with in the Moria RIC on Lesvos Island from February to June had either self-harmed, attempted suicide, or had thought about committing suicide.

The government cooperated with UNHCR, the IOM, and other humanitarian organizations in providing protection and assistance to refugees, asylum seekers, and other persons of concern.

Refoulement: The government provided some protection against the expulsion or return of asylum seekers to countries in which their lives or freedom would be threatened due to race, religion, nationality, membership in a particular social group, or political opinion. On October 31, in a unanimous decision, the Supreme Court ruled that Iranian Sharareh Khademi should not be extradited to her country of origin as this would pose an “immediate risk to her life.” The court annulled the decision of a lower-level court that had ruled in favor of the extradition. Khademi and her daughter were victims of domestic violence by an abusive husband and father.

On June 19, the GCR announced it had filed a complaint with the Supreme Court that migrants and asylum seekers were being forced back across the border into Turkey from northeastern Evros in Greece. The GCR stated it had evidence backing the claims of several migrants and asylum seekers who said they were forced back. The GCR reported it had filed three lawsuits on behalf of six Turkish nationals, including a child, who claimed that local authorities had exercised violence to force them back into Turkey. Reportedly, one of the young women, forced back to Turkey, was arrested and taken to a Turkish prison. The GCR noted that despite the growing number of alleged pushbacks, there was no official government reaction.

On June 8, the group Racist Crimes Watch filed a complaint against Hellenic Police in Didimoticho, northern Greece, alleging local police staff beat with batons and fired plastic bullets at a 35-year-old Iraqi national and two Egyptian nationals, ages 18 and 26, prior to forcing them back to Turkey.

On May 5, media reported a letter addressed by the then minister for citizen protection Olga Gerovassili to the UNHCR representative in Greece in response to concerns about pushbacks in the Evros area by security officers. After an investigation, the then minister wrote that the alleged incidents were not proven true. She also noted the absence of any such reporting by Frontex officers who assist the Greek border police in their work. From January to April, police arrested 3,130 third-country nationals in the areas of Orestiada and Alexandroupolis.

Access to Asylum: The law provides for the granting of asylum or refugee status, and the government has established a system for providing legal protection to refugees through an autonomous asylum service under the authority of the Ministry of Migration Policy. Following the July 7 elections, the Ministry for Migration Policy was folded into the Ministry for Citizen Protection. The law requires that applicants have access to certified interpreters and allows applicants to appeal negative decisions and remain in the country while their appeals are examined.

Authorities worked with NGOs, international organizations, and the European Asylum Support Office to inform undocumented migrants awaiting registration in the asylum system, as well as non-EU foreign national detainees, about their rights, asylum procedures, and the IOM-assisted voluntary return programs. UNHCR assisted the government with briefings and distribution of multilingual leaflets and information packages on asylum and asylum procedures.

Human rights activists and NGOs working with asylum applicants reported long waits of up to two years for decisions due to time-consuming processes, pre-existing backlogs in the appeals process, and a limited number of appeals committees. Access to the asylum process for persons detained in predeparture centers was also a concern. In its annual report for 2018, the Greek ombudsman reported his office continued to receive complaints from asylum applicants about difficulties in scheduling an appointment and connecting with the Asylum Service system via Skype, especially in Athens and in Thessaloniki. On May 6, local media reported the Greek Asylum Service had a backlog of more than 62,000 cases while an estimated 5,500 new applications were submitted yearly by new entrants.

According to the Asylum Information Database report for 2018, published by GCR on April 21, the average period between preregistration and full registration was 42 days in 2018. The average processing time at first instance was reported at approximately 8.5 months in 2018. Approximately 80 percent of the 58,793 applicants with pending applications at the end of 2018 had not had an interview with the asylum service.

Major delays frequently occurred in the identification of vulnerable persons on the islands, due to a significant lack of qualified staff, which also impacted the asylum procedure.

Asylum applicants from countries other than Syria complained that their asylum applications were delayed while Syrian applications were prioritized. NGOs, international organizations, and human rights activists also reiterated concerns about the lack of adequate staff and facilities; insufficient welfare, integration, counseling, legal, and interpretation services; discrimination; and detention under often inadequate and overcrowded conditions inside the RICs.

Safe Country of Origin/Transit: The country adheres to the Dublin III Regulation, according to which authorities may return asylum seekers to the EU member state of first entry for adjudication of asylum claims.

According to the 2016 joint EU-Turkey statement, every undocumented migrant crossing from Turkey into the Greek islands would be confined to a RIC for up to 25 days, during which time the individual would have the opportunity to apply for asylum in Greece. Individuals opting not to apply for asylum or whose applications were deemed unfounded or inadmissible would be returned to Turkey (see also section 2.d., Freedom of Movement).

Employment: Recognized refugees and holders of asylum-seeker papers were entitled to work, although this right was not widely publicized or consistently enforced. In 2018 the managing board of the Greek Manpower Organization extended the right to register for official unemployment to asylum seekers and refugees residing in shelters or with no permanent address, allowing them to benefit from training programs and state allowances.

Access to Basic Services: Legally, services such as shelter, health care, education, and judicial procedures are granted to asylum seekers in possession of a valid residency permit; however, staffing gaps, a lack of interpreters, and overcrowded reception sites limited certain asylum seekers’ access to these services. On July 13, the minister for labor and social affairs revoked a June 20 ministerial decree signed by his predecessor that simplified the process for asylum seekers to be granted a social security number (AMKA). The minister argued that the system of granting AMKAs would be re-examined, as it was abused by foreign nationals who should not have received a number. Several NGOs reported problems in securing access for asylum-seeking individuals to basic services, including treatment for chronic diseases. Legal assistance was limited and was offered via NGOs, international organizations, volunteer lawyers, and bar associations.

RICs on islands and in the Evros region continued to be overcrowded, with inadequate shelter, health care, wash facilities, and sewer connections creating security and health concerns. Housing conditions at reception facilities elsewhere on the mainland were generally better, although at times overcrowding hindered access to services. Due to a lack of space, the government in September opened temporary camps on the mainland, providing six-person tents to hundreds of migrants.

Unaccompanied minors living in “protective custody” in police stations had limited or no access to health care or medical services. As of November 30, according to the country’s National Center for Social Solidarity (EKKA), there were 257 unaccompanied children in protective custody (see section 1.c., Prison and Detention Center Conditions, Physical Conditions).

Many vulnerable asylum-seeking individuals were eligible to be sheltered in apartments via a housing framework implemented by UNHCR in cooperation with some NGOs and local municipalities. Conditions in the apartments were significantly better than in reception facilities.

Administrative and facility management staff in reception centers were usually permanent state employees, eight-month government-contracted personnel, and staff contracted by NGOs and international organizations. Media reported cases, especially on the islands, in which assigned staff were inadequate or improperly trained. On June 6, media reported that 40 employees from the Asylum Service offices in Attica, Korinthos and Patras attended a training seminar on statelessness, the Dublin Treaty, and gender-based violence to handle asylum cases more efficiently.

Everyone in the country is entitled to emergency medical care, regardless of legal status. Medical volunteers, NGO-contracted doctors, the Hellenic Center for Disease Control and Prevention, and army medical doctors provided basic health care in reception centers, referring emergencies and complex cases to local hospitals, which were often overburdened and understaffed. Some individuals suffering from chronic diseases continued to encounter problems obtaining proper medication. Pregnant women in Evros reception and detention facilities continued facing problems in accessing proper medical and prenatal care.

The government failed to identify asylum seekers with nonvisible vulnerabilities, such as victims of torture and trafficking victims, due to gaps and shortages in skilled staff, including medical doctors, at the RICs, several NGOs reported. On January 1, the government officially launched a multidisciplinary national referral mechanism (NRM), which included appropriate standard operating procedures and referral forms. The NRM required first responders to inform and coordinate with the EKKA, when potential victims were identified for care and placement.

Durable Solutions: Refugees may apply for naturalization after three years of residence in the country as a recognized refugee. The government continued to process family reunification applications for asylum seekers with relatives in other countries. The IOM offered voluntary returns to rejected asylum seekers and those who renounced their asylum claims.

Temporary Protection: As of September 30, the government provided temporary protection to approximately 2,578 individuals who may not qualify as refugees.

Section 4. Corruption and Lack of Transparency in Government

The law provides criminal penalties for corruption by officials, but the government did not always implement the law effectively. Officials sometimes engaged in corrupt practices with impunity. Permanent and ad hoc government entities charged with combating corruption were understaffed and underfinanced. On July 17, law enforcement authorities arrested six medical doctors, three nurses, and an interpreter working at the hospital on Samos Island who allegedly sold bogus medical certificates to asylum seekers to facilitate their transfer to the mainland on health grounds. Hospital authorities noticed that many of the certificates issued were identical and referred to cases and conditions that were not usually dealt with at the hospital.

On August 7, parliament passed legislation establishing a unified transparency authority by transferring the powers and responsibilities of public administration inspection services to an independent authority.

Corruption: Reports of official corruption continued. On January 16, a criminal court in Athens found 20 former government officials, private businessmen, and shipyard officials guilty of bribery and money laundering over a contract for the construction of four submarines by a foreign company at the Skaramangas shipyards. Among those convicted were a former defense ministry official and a French-Swiss banker. The court imposed suspended jail sentences ranging from five to 20 years for all but one defendant.

The government intensified efforts to combat tax evasion by increasing inspections and crosschecks among various authorities and by engaging in more sophisticated types of verifications of undeclared income, such as the use of surveillance drones over popular islands to make sure tour boat operators provide receipts to visitors. Furthermore, monthly lotteries offer taxpayers rewards of 1,000 euros ($1,100) for using payment cards in their daily transactions. Media reported allegations of tax officials complicit in individual and corporate tax evasion.

Financial Disclosure: The law requires income and asset disclosure by appointed and elected officials, including private-sector employees such as journalists, and heads of government-funded NGOs. Several agencies are mandated to monitor and verify disclosures, including the General Inspectorate for Public Administration, the police internal affairs bureau, the Piraeus appeals prosecutor, and an independent permanent parliamentary committee. Declarations were made publicly available, albeit with delays. The law provides for administrative and criminal sanctions for noncompliance. Penalties range from two to 10 years’ imprisonment and fines from 10,000 to one million euros ($11,000 to $1.1 million).

Section 5. Governmental Attitude Regarding International and Nongovernmental Investigation of Alleged Abuses of Human Rights

A variety of domestic and international human rights groups generally operated without government restriction, investigating and publishing their findings on human rights cases, with the exception of restricted access to reception and detention facilities for migrants on the islands and–in certain circumstances–to official camps on the mainland. Government officials were often cooperative and responsive to their views.

Government Human Rights Bodies: The Office of the Ombudsman, a state body considered independent and effective, investigated complaints of human rights abuses by individuals. Five deputy ombudsmen dealt with human rights, children’s rights, citizen-state relations, health and social welfare, and quality of life problems, respectively. The office received adequate resources to perform its functions. In its 2018 annual report, the office reported it received 15,644 complaints, of which 72 percent were satisfactorily resolved.

The autonomous, state-funded National Commission for Human Rights (NCHR) advised the government on protection of human rights. The NCHR was considered independent, effective, and adequately resourced. On April 4, the head of the NCHR, Giorgos Stavropoulos, resigned in protest after the government added five members from the LGBTI community and two from the Romani community to the 25-member NCHR board. Stavropoulos asserted that the increase violated “the principle of equality,” as other member organizations had only one vote.

Section 6. Discrimination, Societal Abuses, and Trafficking in Persons

Hungary

Section 2. Respect for Civil Liberties, Including:

d. Freedom of Movement

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

f. Protection of Refugees

Abuse of Migrants, Refugees, and Stateless Persons: Human rights advocates, the Office of the UN High Commissioner for Refugees (UNHCR), and the European Commission criticized the government’s treatment of migrants and asylum seekers. Specifically, these organizations reported that migrants and asylum seekers were pushed back to the Serbian side of the Serbia-Hungary border fence, even if they had not entered Hungary through Serbia. In September 2018 the CPT published a report on the treatment and conditions of detention of foreigners in transit zones at the border and other establishments with irregular migrants, based on its 2017 visit to the country. The report noted that many detainees alleged police officers had physically mistreated them during their “push-back” to Serbia, and several displayed recent traumatic injuries as a result of alleged police mistreatment.

During the year domestic and international human rights organizations reported receiving fewer complaints of excessive use of police force and abuse against refugees and migrants, as the number of asylum seekers decreased from previous years. Human rights organizations asserted, however, that in most cases, the government did not take formal action against alleged police perpetrators and noted that few victims were willing to lodge formal complaints.

Refoulement: On May 8, UN High Commissioner for Refugees Filippo Grandi issued a statement calling the forced expulsion of two Afghan asylum-seeking families from the country deeply shocking and a flagrant violation of international and EU law.

Access to Asylum: The law provides for asylum and establishes a procedure for persons in the country to apply for it, but often authorities afforded little or no opportunity to apply. In 2017 and 2018, asylum and border management laws underwent significant legal modifications that limited access to the country’s territory and asylum procedures and deterred asylum seekers from applying for protection. Police are allowed to push back to the Serbian side of the border any migrants who cannot prove their right to stay in the country, regardless of whether or not they entered the country from Serbia. According to UNHCR observations published in November 2018, these legislative amendments failed to draw the necessary distinction between the situation of refugees and asylum seekers and that of other aliens.

Safe Country of Origin/Transit: The government issued lists of “safe countries of origin” and “safe third countries.” Both lists included Serbia, Bosnia and Herzegovina, and Kosovo. UNHCR repeatedly objected to the government’s designation of Serbia as a safe third country on the grounds that it does not have effective asylum procedures. In 2018 parliament modified the constitution to state that persons arriving in the country “through a country where he or she was not exposed to persecution or a direct risk of persecution should not be entitled to asylum.” Parliament also amended the asylum law and restricted the right to asylum to only those persons who arrived in Hungary directly from a place where their life or freedom were at risk. Since asylum applications can only be filed in either of the two transit zones at the Hungary-Serbia border, anyone who wants to submit an asylum claim can do so only by entering a transit zone from Serbia. Because Hungary considers Serbia as a safe third country, the new inadmissibility provision triggered the automatic rejection of any asylum claim. Since the new rules entered into force in 2018, NGOs were aware of only three positive decisions concerning asylum applications filed after July 2018 by asylum seekers passing through Serbia. The immigration authority declared all other applications inadmissible.

Freedom of Movement: The asylum law requires mandatory placement of all asylum seekers other than unaccompanied minors younger than 14 in two guarded transit zones (Roszke and Tompa) on the Serbia-Hungary border, which they may leave only by entering Serbia. If the asylum seekers leave the zones, they forfeit their asylum claims.

The law permits the detention of rejected asylum seekers for a maximum of 12 months (30 days in cases of families with children). Immigration detention generally took place in immigration detention centers. Since July 2018 rejected asylum seekers were placed under alien policing procedure (no longer the asylum procedure), and the designated compulsory place of stay was the transit zone.

In April 2018 the ECHR’s Grand Chamber heard the case of two Bangladeshi asylum seekers, Ilias and Ali Ahmed, who in 2015 filed a lawsuit against the government seeking their release from a transit zone and a stay of their deportation to Serbia. The chamber found the applicants’ confinement in the Roszke border zone violated their rights because it had amounted to detention without formal, reasoned decision and without appropriate judicial review. The chamber also found their deportation to Serbia was unlawful. Authorities kept the men in the transit zone for more than three weeks before sending them back to Serbia. Following the government’s appeal, the chamber on November 21 ruled that Hungary had violated the ECHR prohibition of torture, inhuman or degrading treatment by expelling them without assessing the risks of not having proper access to asylum procedures in Serbia or being subjected to chain refoulement, but that their stay in the transit zone was not deprivation of liberty because they had entered it on their own initiative and in practice were able to return to Serbia.

Access to Basic Services: Services for persons under an alien policing procedure included only basic health care but not the provision of food, with the exception of children younger than 18 and pregnant or nursing mothers. As of August 1, the immigration authority had declined in a total of 17 cases to provide food to 27 individuals detained in the transit zones after August 2018. In each case the Hungarian Helsinki Committee successfully requested interim measures from the ECHR ordering Hungarian authorities to immediately start providing food to the individuals concerned. On July 25, the European Commission launched an infringement procedure against the country for the nonprovision of food to persons awaiting deportation who were detained in a transit zone.

In 2016 parliament amended the law to reduce benefits and assistance to persons given international protection on the grounds they should not have more advantages than Hungarian citizens. Authorities do not provide housing allowances, educational allowances, or monthly cash allowances to asylum seekers or beneficiaries of subsidiary protection. The two transit zones for asylum seekers provided clothes, soap, meals, water, and shelter. Charities provided some educational and social activities in English or Hungarian as well as supplemental nutrition for children. The government also provided basic medical assistance on site. The authorities hired a psychologist and a psychiatrist who visited the transit zones once per week for four hours per zone. Officials denied transit zone access to certain NGOs and a UNHCR contractor, which prevented several asylum seekers arriving to Hungary from war-affected countries who had previously suffered torture and posttraumatic stress disorder from receiving specialized care.

The government provided UNHCR and the International Federation of the Red Cross access to refugees and asylum seekers, with the exception of those held in the alien policing sectors in the transit zones. A few domestic charities were allowed access to the transit zones; attorneys contracted by an NGO were allowed access only when asylum seekers specifically requested their assistance.

On October 8, the ECHR ruled that refusing a journalist access to a reception center for asylum seekers in order to report on living conditions there was a violation of freedom of expression and may discourage the sharing of accurate information that is in the public interest, particularly regarding the situation of vulnerable groups. The case involved a local journalist who requested access to the Debrecen Reception Center to conduct interviews but was rejected on the grounds that press coverage would interfere with the private lives of persons accommodated there.

On July 17, after an official visit to the Hungary-Serbia border, UN Rapporteur Felipe Gonzalez Morales described prison-like conditions in the transit zones, with asylum seekers chained to hospital beds. Morales stated general hygiene conditions were acceptable but that medical care was insufficient. He added that doctors were available for only a couple of hours a day, and there were no gynecologists or pediatricians, even though the majority of asylum seekers were women and children. Interpreters were scarce and communication with doctors could be difficult.

On July 25, the European Commission referred Hungary to the ECJ, stating the legislation that criminalizes providing assistance to asylum seekers who were not subject to persecution in their home country or who had already transited a safe country curtailed the asylum seekers’ right to communicate with and be assisted by national, international, and nongovernmental organizations (see section 2.b.).

Durable Solutions: Refugees are allowed to naturalize, but according to civil society organizations the applications of refugees and stateless persons were approved at a lower rate than those of other naturalization seekers. The Hungarian Helsinki Committee criticized the procedural framework for naturalization, noting decisions were not explained to applicants and no appeal of rejections were allowed. There were no reported cases of onward refugee resettlement from the country to other states. Domestic media reported at the beginning of the year that since 2018, the country had admitted approximately 300 individuals with Hungarian ancestry from Venezuela under a special government program involving a local charity that is different from the standard asylum procedures.

Temporary Protection: The law provides for a specific temporary protection status for situations of mass influx, but organizations working on the problem reported that it was not used in practice. Under the law all forms of international protection (refugee status, subsidiary protection, tolerated stay, stateless status, etc.) are temporary by nature, with periodic review of the entitlement to protection.

On July 29, the ECJ ruled that judges may grant international protection status to asylum seekers if an administrative body has overruled their decision without establishing new elements in the case. A 2015 regulation had stripped the courts of the right to overrule immigration authorities on asylum applications.

Section 4. Corruption and Lack of Transparency in Government

While the law provides criminal penalties for corruption by public officials, few such cases were lodged or prosecuted during the year. The European Commission and NGOs contended that the government did not implement or apply these laws effectively and that officials often engaged in corrupt practices with impunity.

Corruption: Anticorruption NGOs alleged government corruption and favoritism in the distribution of EU funds. The Corruption Research Center Budapest identified several cases of bid rigging and other corruption risk indicators in public tenders with EU funding. The Research Center concluded that companies with close links to the government faced significantly less competition and were able to obtain higher prices when bidding for EU-funded projects.

In its annual report released on September 3, the European Antifraud Office reported investigating nine cases related to the use of EU funds in the country and recommended local authorities open criminal investigations into seven of them. The Antifraud Office also recommended that the country repay 3.8 percent of the funds it received from the EU between 2014 and 2018.

On July 22, domestic and international media reported that Microsoft Hungary (a wholly owned subsidiary of Microsoft Corporation) and Microsoft Corporation agreed to pay approximately $26 million in fines. The case involved Microsoft Hungary employees who requested discounts on software licenses from Microsoft headquarters that they claimed were necessary to secure the software sales to government agencies, although they knew the agencies had already agreed to pay full price. The inflated margins reportedly funded a corrupt payment scheme to bribe government officials and secure software deals. Microsoft and its Hungarian subsidiary cooperated with the investigation and took remedial measures. Microsoft Hungary dismissed four employees and cancelled contracts with many of its vendors. After Microsoft Hungary dismissed CEO Istvan Papp in 2016, the government appointed Papp as vice president of the Hungarian Investment Promotion Agency, a position he held for eight months. Similarly, the government appointed Microsoft Hungary’s former government relations director Viktor Sagyibo as a ministerial commissioner in the Prime Minister’s Office until August 2018. Authorities had closed the investigation into Microsoft Hungary in 2018, declaring they had found no evidence of criminal activity. In August, however, the Prosecutor General’s Office stated it would reopen the investigation.

In February the European Commission’s European Semester report on the country noted that corruption remained an important concern. Although the commission had noted minimal improvement during the previous year, it stated further steps were necessary to strengthen transparency and competition in public procurement. The report also called for the Prosecutor General’s Office to pursue corruption cases more effectively and determined that “action by Hungarian authorities to prosecute high-level corruption was lacking.”

Financial Disclosure: The law requires members of parliament, senior government officials, the president of the Supreme Court and his deputies, and the prosecutor general to publish asset declarations on a regular basis. NGOs claimed that public officials circumvented the required disclosures by placing assets in the names of spouses, who are not required to file asset declarations. The vast majority of public-sector employees, including law enforcement and army officers, judges, prosecutors, civil servants, and public servants, were also obliged to submit asset declarations, which are not publicly accessible. NGOs noted there were no criminal or administrative sanctions for submitting inaccurate asset declarations and asserted there was no effective method to detect violators.

Section 5. Governmental Attitude Regarding International and Nongovernmental Investigation of Alleged Abuses of Human Rights

In 2018 the Constitutional Court postponed its proceedings on a legal challenge to the NGO law which requires NGOs that receive more than 7.2 million forints ($24,000) per year in funding from abroad to register as foreign-funded organizations. The court stated it would wait for the ruling of the ECJ on an infringement procedure brought by the European Commission. The commission asserted the law unduly interfered with freedom of association. The lawsuit remained pending at year’s end. In 2017 a Venice Commission opinion stated the NGO law would cause disproportionate and unnecessary interference with the freedoms of association and expression, right to privacy, and the prohibition of discrimination.

In December 2018 the OSCE and the Venice Commission concluded jointly that a 2018 law introducing an additional 25 percent tax on activities “providing material support for the operation of NGOs whose activities support immigration” violated freedom of expression and association as guaranteed by the European Convention of Human Rights and other international legal norms and should be repealed.

The law contains a provision, adopted in 2018, that mandates criminal penalties, including imprisonment for up to a year, for “facilitating illegal migration.” The law also criminalizes providing assistance to asylum seekers who were not subject to persecution in their home country or who had already transited a safe country to submit asylum claims; conducting human-rights-focused border monitoring activities; or issuing or distributing information leaflets about asylum procedures. On February 28, the Constitutional Court ruled the law was constitutional but could not be applied “if the purpose of the action is only to reduce the suffering of those in need and treat them humanely.” The court emphasized that the new criminal action can only be committed deliberately and that the perpetrator must know that he or she is helping someone who is not subject to persecution or whose fear of direct persecution is not well founded.

Local authorities sometimes took administrative actions that harassed or interfered with the legitimate work of NGOs. In March, for example, the Budapest municipal authorities forced the Aurora NGO Center, which provided office space for several smaller human rights organizations, to close its bar at 10 p.m., citing complaints from local citizens. In August it ordered Aurora to close the bar completely, depriving Aurora of a significant source of revenue. In September far-right activists disrupted an event at Aurora, and in October a group of neo-Nazis vandalized the center and burned the pride flag that was hanging outside (see also section 6 on violence based on sexual orientation). In November the newly elected (as of October) mayor of the district in which Aurora is located declared the center could remain open and that “Aurora can count on the partnership and protection of the municipality.”

Government Human Rights Bodies: The constitution and law establish a unified system for the Office of the Commissioner for Fundamental Rights (ombudsperson). The ombudsman has two deputies, one responsible for the rights of national minorities and one for the interests of “future generations” (environmental protection). The ombudsman is nominated by the president and elected by a two-thirds majority of parliament. He is solely accountable to parliament and has the authority to initiate proceedings to defend the rights of citizens from abuse by authorities and entities providing public services. The constitution provides that the ombudsman may request that the Constitutional Court review laws. The ombudsman is also responsible for collecting electronically submitted reports of public benefit, e.g., whistleblower reports on public corruption, and operated the national preventive mechanism against torture. Ombudsman recommendations are not binding. The office was viewed as independent and effective within the scope of its responsibilities.

Section 6. Discrimination, Societal Abuses, and Trafficking in Persons

Iceland

Section 2. Respect for Civil Liberties, Including:

d. Freedom of Movement

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

f. 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. It allows for an accelerated procedure by the Ministry of Justice’s Directorate of Immigration of applications deemed to be “manifestly unfounded.” An independent regulatory committee, the Immigration and Asylum Appeals Board, adjudicated asylum cases rejected by the directorate.

Safe Country of Origin/Transit: The country adheres to the EU’s Dublin III regulation, which allows for the return of asylum seekers to the country of entry into the EU. The country did not return asylum seekers to EU member states Greece and Hungary unless they already received protection in these countries. In certain cases the country also did not return vulnerable asylum seekers to Italy and Greece.

Durable Solutions: The government accepted refugees for resettlement and provided for their local integration. In October 2018 the government announced that it would resettle 75 refugees in 2019, most of whom originated from Syria, as well as lesbian, gay, bisexual, transgender, and intersex (LGBTI) refugees and their families from Kenyan refugee camps. As of August the country had accepted 49 refugees, all from Syria. The government also signed agreements with three municipalities to resettle 25 LGBTI refugees from Kenyan refugee camps, consisting of persons originally from Uganda, Sudan, Zimbabwe, and other central African countries. As of October the entire group had arrived in Iceland and started receiving services.

Temporary Protection: The government provided temporary protection to individuals who may not qualify as refugees and as of October 15, had provided subsidiary protection to 114 persons and humanitarian protection to 12 others during the year.

Section 4. Corruption and Lack of Transparency in Government

The law provides criminal penalties for corruption by officials, and the government generally implemented the law effectively. There were no reports of government corruption during the year.

Financial Disclosure: Most public officials were not bound by law to publicly disclose financial interests, but most chose to do so. The law requires members of parliament and government ministers who are not members of parliament to report their financial interests publicly on parliament’s website and to update this information within one month of receiving new information. As of August 8, all 63 members of parliament elected in 2017 reported their financial interests online. A cabinet directive requires all political advisors and permanent secretaries to submit financial disclosures. As of August all those who were required had disclosed their respective financial interests and made them publicly available online. There are no criminal or administrative sanctions for noncompliance.

Section 5. Governmental Attitude Regarding International and Nongovernmental Investigation of Alleged Abuses of Human Rights

A number of domestic and international human rights groups generally operated without government restriction, investigating and publishing their findings on human rights cases. Government officials were cooperative and responsive to their views.

Government Human Rights Bodies: The parliament’s ombudsman, elected by parliament for a period of four years, secures the rights of the citizens to equal and impartial treatment in their dealings with public authorities. The ombudsman is party to the Optional Protocol to the Convention against Torture and conducts periodic site visits to prisons and psychiatric hospitals; the first site visit of the ombudsman was in October 2018. The ombudsman is independent from any governmental authority, including parliament’s, when exercising his or her functions. While the ombudsman’s recommendations are not binding on authorities, the government generally adopted them.

The Parliamentary Standing Committee on Judicial Affairs and Education is responsible for legislative oversight of human rights in the country. The committee was generally considered effective.

Section 6. Discrimination, Societal Abuses, and Trafficking in Persons

Ireland

Section 2. Respect for Civil Liberties, Including:

d. Freedom of Movement

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), the International Organization for Migration, and other humanitarian organizations in providing protection and assistance to refugees, asylum seekers, stateless persons, and other persons of concern.

f. Protection of Refugees

Access to Asylum: The law provides for the granting of refugee or subsidiary protection status, and the government has established a system for providing protection to refugees. Asylum seekers whose initial applications are rejected can appeal the decision. Asylum seekers have access to legal advice.

NGOs and the UN Human Rights Committee continued to express concern over the length and complexity of the application and appeal processes. In 2018 the average length of stay in “direct provision,” a system that includes housing, meals, a weekly cash allowance, and access to health care for asylum seekers, was 24 months.

Safe Country of Origin/Transit: The country generally follows the EU’s Dublin III Regulation, which permits the return of asylum applicants to the EU member state of original entry for adjudication of asylum claims. As of July the government received 58 asylum seekers who were rescued in the Mediterranean Sea.

Employment: In July 2018 the EU’s recast Reception Conditions Directive was transposed into domestic law. The directive allows access to the labor market for a broader range of persons seeking international protection than those receiving “direct provision” and removed previous limitations to employment, such as salary restrictions and ineligible sectors for employment. An individual seeking asylum can access the labor market nine months after submitting an application for international protection.

Access to Basic Services: The country employs a system called “direct provision” for asylum seekers that includes housing, meals, a weekly cash allowance, and access to health care. Children have access to education. As of December 2018, 75 percent of asylum seekers remained in the government-run support system for less than three years, compared with 73 percent in December 2017. More than 40 percent of asylum seekers spent more than two years in direct provision. The Irish Refugee Council, the national ombudsman, and the UN Human Rights Committee expressed concern over the detrimental effects of long stays in direct provision accommodation for asylum seekers. In November 2018 the direct provision facilities reached capacity, which required the government to house asylum seekers in emergency accommodations in hotels around the country. As of August, 1,068 individuals were in emergency accommodation, including 177 children. NGO representatives said the government’s use of emergency accommodations led to serious difficulties accessing basic services, including health care and education.

Durable Solutions: The government operated a resettlement program to accommodate up to 200 persons referred by UNHCR or identified through selection missions to UNHCR refugee operations. Under the Irish Refugee Protection Program, the government committed to accepting 4,000 refugees, including 2,622 via the EU relocation program. The government has relocated 1,022 refugees since 2016. The government provides a postarrival cultural orientation program and civics and language courses.

Temporary Protection: The government provided temporary protection (subsidiary protection) to individuals who may not qualify as refugees and granted such protection to 200 persons in 2018. Such individuals were entitled to temporary residence permits, travel documents, access to employment, health care, and housing. The government did not make determinations on subsidiary protection status at the same time as determining asylum status. This caused delays, as a separate determination on subsidiary protection could take from several months to more than a year to complete.

Section 4. Corruption and Lack of Transparency in Government

The law provides criminal penalties for corruption by officials, and the government generally implemented the laws effectively. There were no reports of central government corruption during the year.

Corruption: There were isolated reports of low-level government corruption during the year.

Financial Disclosure: Elected and appointed officials, as well as civil servants at the higher grades, are required to furnish a statement in writing to the Standards in Public Office Commission of their financial interests and the interests of their spouse, civil partner, and child that could materially influence the person in the performance of official functions. The commission verifies the disclosures. The commission made public the financial disclosures of elected officials. There are criminal and administrative sanctions for noncompliance.

Section 5. Governmental Attitude Regarding International and Nongovernmental Investigation of Alleged Abuses of Human Rights

A number of domestic and international human rights groups operated without government restriction, investigating and publishing their findings on human rights cases. Government officials often were cooperative and responsive to their views.

Government Human Rights Bodies: The law obliges public bodies to take account of human rights and equality in the course of their work. The Irish Human Rights and Equality Commission (IHREC), an independent government organization, monitored adherence of public bodies to legal obligations. The IHREC was active throughout the year, holding consultations, training sessions, briefings, and policy reviews on human rights issues.

There is also a human rights subcommittee of the parliamentary Committee on Justice, Defense, and Equality. It examines how issues, themes, and proposals before parliament take human rights concerns into account.

Section 6. Discrimination, Societal Abuses, and Trafficking in Persons

Italy

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.

f. Protection of Refugees

Abuse of Migrants, Refugees, and Stateless Persons: International humanitarian organizations accused the government of endangering migrants by encouraging Libyan authorities, through cooperation and resources, to rescue migrants at sea and return them to reception centers in Libya. Aid groups and international organizations deemed Libyan centers to have inhuman living conditions. On January 18, 117 persons drowned when the Italian Coast Guard referred their boat’s distress call to the Libyan Coast Guard, which did not respond. The boat was approximately 50 miles off the Libyan coast, which would have placed it in the Libyan search and rescue zone, when it sunk. Italian prosecutors investigated the Italian Coast Guard’s culpability in the incident and on February 7 determined that the Coast Guard acted in accordance with the law, and in line with its search and rescue procedures.

Media outlets reported some cases of violence against refugees. In July unknown attackers threw rocks at, and seriously injured, nine migrant farm workers on their way to work in fields near Foggia.

The International Organization for Migration (IOM), UNHCR, and NGOs reported labor exploitation of asylum seekers, especially in the agriculture and service sectors (see section 7.b.), and sexual exploitation of unaccompanied migrant minors (see section 6, Children).

The government uncovered corruption and organized crime in resources allotted for asylum seekers and refugees. On July 2, police arrested 11 members of four NGOs for alleged fraud and money laundering in the mismanagement of migration centers.

The government cooperated with UNHCR and other international and humanitarian organizations in providing protection and assistance to internally displaced persons, refugees, returning refugees, asylum seekers, stateless persons, and other persons of concern. The uncertainty of EU member states’ willingness to accept a share of migrant arrivals affected the willingness of authorities to protect migrants and asylum seekers brought to the country by rescue vessels.

Refoulement: Amnesty International and other NGOs accused the government of encouraging refoulement by pressuring NGOs to limit rescues of migrants in the Mediterranean Sea and encouraging the Libyan coast guard to take rescued migrants back to Libya. UNHCR did not classify this as refoulement but stated it was looking into the legality of the country’s actions. UNHCR did not consider Libya a “safe port” because it has not signed the applicable UN refugee conventions.

Access to Asylum: In December 2018 the previous government enacted a law sponsored by the interior minister at the time which was designed in part to reduce irregular migration to Italy and to remove humanitarian protection status for migrants. The passage of the law resulted in a higher percentage of denials of any form of protection for migrants. The law also closed the country’s ports to rescue ships the government suspected of communicating and coordinating maritime rescues off the coast of Libya with Libya-based traffickers. On January 31, a rescue ship flying the Dutch flag docked in Lampedusa without the government’s permission. Authorities arrested the ship’s captain, Carola Rackete, but released her and the ship when other EU countries agreed to relocate some of the asylum seekers. On May 20, six UN experts sent a letter to the government expressing concern for the security decree’s incompatibility with the right to life and the principle of nonrefoulement. On August 5, parliament approved a migration and security decree that empowers the Ministry of Interior to prohibit NGO migrant rescue ships suspected of collaborating with traffickers from entering the country’s territorial waters. With the formation of a new government coalition in September and Salvini’s departure from government, some security decrees were under review, and most NGO rescue ships were again allowed to dock in Italian ports. From January to November 7, authorities registered 9,944 new seaborne arrivals. Between August 2018 and July 2019, the Ministry of Interior expelled 6,862 illegal migrants.

NGOs and independent observers identified difficulties in asylum procedures, including inconsistency of standards applied in reception centers and insufficient referral rates of trafficking victims and unaccompanied minors to adequate services.

Regional adjudication committees took an average of six months to process asylum claims. If a case was legally appealed, the process could last up to two years. Authorities closed the largest migration centers in Sicily and Lazio, where service provided to asylum seekers was not always adequate. On July 31, migration centers hosted 105,000 migrants, a 34-percent decrease from the previous year. From January to June, the government received 16,865 asylum requests.

Safe Country of Origin/Transit: The country is party to the EU’s Dublin III Regulation and its subsequent revisions, which identifies the member state responsible for examining an asylum application based primarily on the first point of irregular entry.

Freedom of Movement: The law permits authorities to detain migrants and asylum seekers in identification and expulsion centers for up to 180 days if authorities decide they pose a threat to public order or if they may flee from an expulsion order or pre-expulsion jail sentence. The government paired efforts to reduce migrant flows through the Mediterranean Sea on smuggler vessels with restrictions on freedom of movement for up to 72 hours after migrants arrived in reception centers.

Employment: According to the Federation of Agroindustrial Workers–an affiliate of the Italian General Labor Confederation (CGIL)–and other labor unions and NGOs, employers continued to discriminate against refugees in the labor market, taking advantage of weak enforcement of legal protections against exploitation of noncitizens. High unemployment in the country also made it difficult for refugees to find legal employment.

Access to Basic Services: Authorities set up temporary housing for refugees, including high-quality centers run by local authorities, although many were in larger centers of varying quality, including repurposed facilities such as old schools, military barracks, and residential apartments. UNHCR, the IOM, and other humanitarian organizations and NGOs reported thousands of legal and irregular foreigners, including refugees, were living in abandoned, inadequate, or overcrowded facilities in Rome and other major cities. They also reported refugees had limited access to health care, legal counseling, basic education, and other public services.

Some refugees working in the informal economy could not afford to rent apartments, especially in large cities. They often lived in makeshift shacks in rural areas or squatted in buildings where they lived in substandard conditions. On July 30, police forcibly evicted 400 persons, including refugees, squatting in a building in the outskirts of Turin originally built to host Olympic athletes. NGOs and advocacy groups alleged the Rome municipal government failed to provide alternative public housing for evicted persons, including refugees with legal status.

On June 6, hosted refugees and other migrants in Frosinone staged a demonstration against the reduction of the daily allowance provided by the government to asylum seekers in which two police were injured. On September 2, refugees and other migrants joined Italians in Foggia, Puglia, to organize a sit-in inside the building where the territorial committee meets to adjudicate asylum. Protesters drew attention to the lack of services and asked for greater scrutiny of labor exploitation in southern Italy.

Durable Solutions: The government’s limited attempts to integrate refugees into society produced mixed results. The government offered refugees whose asylum was granted resettlement services. The government and the IOM assisted migrants and refugees who opted to return to their home countries.

Temporary Protection: Between January and September, the government provided humanitarian protection to 16,761 persons and subsidiary protection to 2,614 persons.

Section 4. Corruption and Lack of Transparency in Government

The law provides criminal penalties for corruption by officials, and the government sometimes implemented the law effectively. Officials sometimes engaged in corrupt practices with impunity. There were numerous reports of government corruption during the year.

Corruption: On February 25, a Rome court sentenced former Rome mayor Gianni Alemanno to six years in prison and a lifetime ban on holding public office for corruption and for accepting illegal funds from an organized crime clan that obtained lucrative public contracts.

Financial Disclosure: The law requires members of parliament to disclose their assets and incomes. The two parliamentary chambers publish a bulletin containing parliamentarians’ information (if agreed to by each member of parliament) on their public websites. The law stipulates that the president of each chamber may order noncompliant members to submit their statements within 15 days of their request but provides for no other penalties. Ministers must disclose their information online.

Section 5. Governmental Attitude Regarding International and Nongovernmental Investigation of Alleged Abuses of Human Rights

A variety of domestic and international human rights groups generally operated without government restriction, investigating and publishing their findings on human rights cases. While government officials were generally cooperative and responsive to their views, former minister Salvini alleged some foreign NGOs conducting search and rescue activities in the central Mediterranean coordinated their activities with human traffickers.

Government Human Rights Bodies: The Ministry of Foreign Affairs’ Interministerial Committee for Human Rights and the Senate’s Human Rights Committee focused on international and high-profile domestic cases. The National Office to Combat Racial Discrimination under the Department of Equal Opportunity in the Prime Minister’s Office assisted victims of discrimination.

Section 6. Discrimination, Societal Abuses, and Trafficking in Persons

Human Rights Reports
Edit Your Custom Report

01 / Select A Year

02 / Select Sections

03 / Select Countries You can add more than one country or area.

U.S. Department of State

The Lessons of 1989: Freedom and Our Future