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Singapore

Section 2. Respect for Civil Liberties, Including:

Freedom of Speech and Expression: The constitution provides for freedom of speech and freedom of expression but imposes official restrictions on these rights, and the government significantly restricted freedom of speech and of the press involving criticism of the government and statements that the government contended would undermine social or religious harmony. Government intimidation and pressure to conform resulted in self-censorship among many journalists. Nevertheless, there was an increase in open debate regarding government policies, and government leaders used social media to engage citizens on various issues and concerns. In the campaign leading to the 2015 general election, no opposition parties reported facing restrictions in holding campaign rallies.

In August Parliament passed the Administration of Justice (Protection) Bill, which identifies actions that constitute contempt of court to include disobeying court orders (unless it is due to an “honest” and “reasonable” failure to understand the obligations under the order), publishing material that prejudges pending proceedings or interferes with proceedings in progress, and making allegations of bias against judges. Several prominent lawyers and public figures openly questioned if the law excessively restricts public discussion of court proceedings.

In 2000 the government established Speakers’ Corner as the only outdoor venue where citizens could give public speeches without a Public Entertainment License. Originally, only Singapore citizens were permitted to use the location and were required to obtain a police permit. Over time the rules eased, although restrictions remained. Today, Speakers’ Corner may be used for exhibitions, performances, and demonstrations, and Singapore citizens do not need a police permit to organize or participate in these events. Permanent residents may participate in events but must obtain a police permit in order to speak at or organize an event. Foreigners and foreign entities, however, must obtain a police permit in order to speak at, participate in, or organize events at the Speakers’ Corner. In October the Ministry of Home Affairs clarified the definitions of “public speaking” and “organizing” at Speakers’ Corner. Public speaking includes speaking through remote means, such as teleconferencing or prerecorded messages. Organizing an event includes sponsoring, publicly promoting the event, or organizing its members or employees to participate in the event. All event organizers must preregister online with the National Parks Board and must provide the topic of their event; regulations state that the event should not be religious in nature or cause feelings of enmity, ill will, or hostility between different racial or religious groups. The commissioner of parks and recreation reserves the right to cancel or disallow any event or activity that he or she believes may endanger or cause discomfort or inconvenience to other park users and/or the general public.

Citizens need a permit to speak at indoor public gatherings outside the hearing or view of nonparticipants only if the topic refers to race or religion. Indoor, private events are not subject to the same restrictions. Organizers of private events, however, must be vigilant in ensuring uninvited guests do not find a way inside, or they could be cited for noncompliance and, inadvertently, violate the rules regarding public gatherings.

Press and Media Freedoms: Under the ISA the government may restrict or place conditions on publications that incite violence, counsel disobedience to the law, have the potential to arouse tensions in the country’s diverse population, or threaten national interests, national security, or public order. The government has not invoked the ISA against political opponents since 1998.

Government leaders urged that news media support the goals of the elected leadership and help maintain social and religious harmony. In addition to enforcing strict defamation and press laws, the government’s demonstrated willingness to respond vigorously to what it considered personal attacks on officials led journalists and editors to moderate or limit what was published. In some instances the government sued journalists or online bloggers for defamation or for stories that authorities believed undermined social and religious harmony.

The government strongly influenced both the print and electronic media. Two companies, Singapore Press Holdings Limited (SPH) and MediaCorp, owned all general circulation newspapers in the four official languages of English, Chinese, Malay, and Tamil. SPH is a private holding company with close ties to the government; the government must approve (and can remove) the holders of SPH management shares, who have the power to appoint or dismiss all directors or staff. The government investment company Temasek Holdings wholly owned MediaCorp. As a result, while newspapers printed a large and diverse selection of articles from domestic and foreign sources, their editorials, coverage of domestic events, and reporting of sensitive foreign relations topics usually closely reflected official government policies and the opinions of government leaders.

Columnists’ opinions and letters to the editor expressed a moderate range of opinions on public issues, some critical of government policies.

Government-linked companies and organizations operated all domestic broadcast television channels and almost all radio stations. Only one radio station, the BBC World Service, was completely independent of the government. Residents could receive some Malaysian and Indonesian television and radio programming, but with few exceptions authorities prohibited satellite dishes. Cable subscribers had access to numerous foreign television shows and a wide array of international news channels and many entertainment channels. The government did not censor international news channels but did censor entertainment programs to remove or edit coarse language, representations of intimate gay and lesbian relationships, and explicit sexual content. In February a foreign leader’s remarks on The Ellen Show regarding gay rights were edited and not broadcasted in the country. The segment was deemed “unsuitable for family audiences.”

Censorship or Content Restrictions: In September the Media Development Authority (MDA) and the Info-communications Development Authority merged to form a new agency, the Info-communications Media Development Authority (IMDA). The MDA is a statutory board under the Ministry of Communications and Information that continues the former MDA’s role to regulate broadcast, print, and other media, including movies, video materials, computer games, and music. Banned publications consisted primarily of sexually oriented materials but also included some religious and political publications. The IMDA develops censorship standards including age-appropriate classification of media content with the help of various citizen advisory panels. The ISA, UPA, and Films Act allow the banning, seizure, censorship, or restriction of written, visual, or musical materials if authorities determine that such materials threaten the stability of the state, contravene moral norms, are pornographic, show excessive or gratuitous sex and violence, glamorize or promote drug use, or incite racial, religious, or linguistic animosities. The IMDA has the power to sanction broadcasters for transmitting what it believed to be inappropriate content. All content shown between 6 a.m. and 10 p.m. must be suitable for viewers of all ages.

In June the producers of the musical Les Miserables removed a comical kiss between two men from all performances in order to retain a “General” rating (suitable for all ages). The MDA stated that such a scene would fall under an “Advisory” rating (mature content, parental guidance is advised).

In October the producers of the musical RENT decided to cut the same-sex kisses from several performances after the IMDA gave the show a rating of R18 (suitable for audiences age 18 and above), which required enforceable age restrictions. Without the same-sex kisses, the performances were rated as suitable for audiences age 16 and above.

Under the Newspaper and Printing Presses Act, the government may limit the circulation of foreign publications it determines interfere with domestic politics. The act requires foreign publications with circulation of 300 or more copies per issue that report on politics and current events in Southeast Asia to register, post a bond of S$200,000 ($144,000), and name a person in the country to accept legal service. The requirements for offshore newspapers applied to nine foreign newspapers but exempted three others.

The government may “gazette” (limit) the circulation of publications. The government also may ban the circulation of domestic and foreign publications under provisions of the ISA and UPA. The Broadcasting Act empowers the minister for communications and information to gazette or place formal restrictions on any foreign broadcaster deemed to be engaging in domestic politics. The government can require a gazetted broadcaster to obtain express permission from the minister to continue broadcasting in the country. The government may impose restrictions on the number of households receiving a broadcaster’s programming and may fine a broadcaster up to S$100,000 ($72,000) for failing to comply.

Libel Laws/Slander: Critics charged that government leaders used defamation lawsuits or threats of such actions to discourage public criticism, coerce the press, and intimidate opposition politicians. Conviction on criminal defamation charges may result in a prison sentence of up to two years, a fine, or both.

Playing of musical instruments is banned during processions, including religious foot processions, to “deter public disorder which may be caused by rivalries between groups and to minimize the impact of the procession along the procession route.” During the annual Hindu Thaipusam procession in 2015, after failing to prevent some participants from playing drums, which contravened permit conditions, event organizers requested police support. Police arrested three men for vulgar speech and injury of police officers. The arrests prompted online comments, with some calling the ban on musical instruments unjustified and others alleging that the excessive police reaction provoked the situation. The AGC released a media statement to warn the public against making comments that could be considered contempt of court for interfering with the administration of justice. Local media ran stories with headlines such as “AGC warns against public or online comments on Thaipusam incident.” The online discussions stopped in short order. Following feedback from the Hindu Endowment Board on the importance of religious music to devotees participating in Thaipusam, the government relaxed this rule to allow more music. In January, after a 42-year absence, musical instruments were permitted at Thaipusam.

INTERNET FREEDOM

In August the government committed to promote an open, interoperable, reliable, and secure global Internet and affirmed that the same rights that persons have offline must be protected online. Although online end users generally had unrestricted access to the internet, the government subjected all internet content to similar rules and standards as traditional media, as defined under the IMDA’s Internet Code of Practice. Individuals and groups could engage in the expression of views via the internet, including by e-mail. Internet service providers (ISPs) are required to ensure that content complies with the code. The IMDA also regulates internet material by licensing the ISPs through which local users are required to route their internet connections. The law permits government monitoring of internet use, and the government closely monitored internet activities, such as social media posts, blogs, and podcasts. The IMDA was empowered to direct service providers to block access to websites that, in the government’s view, undermined public security, national defense, racial and religious harmony, or public morals. Political and religious websites must register with the IMDA. Although a government-appointed review panel recommended that the government cease banning 100 specific websites for being pornographic, inciting racial and religious intolerance, or promoting terrorism and extremism, the ban remained in effect. In 2016, 88 percent of households and 81 percent of individuals had internet access.

The Online News Licensing Scheme (ONLS) requires certain internet news sites to obtain a license. This requirement applies to sites that publish on average at least one article per week over a two-month period that relates to issues in the country and receives at least 50,000 monthly site visits over a two-month period from the unique addresses of Singapore-based internet providers. The license requires these sites to submit a bond of S$50,000 ($36,000) and to adhere to additional requirements to remove prohibited content within 24 hours of notification from the IMDA. Many citizens viewed this regulation as a way to censor online critics of the government. The IMDA stated there was need to regulate commercial news sites and promote conformity with other forms of media such as print and television. The minister of communications and information stated that the intent of the regulation was not to target individual bloggers or blogs. As of November, 11 news sites had received notification from IMDA to move to the ONLS to obtain licenses and acceded to the request. News sites that cover political issues are required to register under the Broadcasting Act Class License to ensure that registrants do not receive foreign funding. Most websites registered upon request by the IMDA, with the exception of one that chose to shut down.

In September 17-year-old blogger Amos Yee received a sentence of six weeks in jail after he pled guilty to charges of obscenity and for “wounding religious feelings” by posting comments on the internet criticizing Christianity and Islam. In 2015 Yee was found guilty after posting a YouTube video criticizing the late prime minister Lee Kuan Yew and sentenced to four weeks in jail. During the 2015 trial, the AGC issued a take-down notice to local sociopolitical website The Online Citizen for publishing a letter from Yee’s lawyer that questioned the AGC’s process in submitting evidence as well as the suitability of a reformative training sentence for Yee on the grounds that the letter was in contempt of court.

ACADEMIC FREEDOM AND CULTURAL EVENTS

There was limited autonomy of all public institutions of higher education and political research. Although faculty members were not technically government employees, they were subject to potential government influence. Academics spoke, published widely, and engaged in debate on social and political problems, although public comment outside the classroom or in academic publications that ventured into prohibited areas–such as criticism of political leaders, sensitive social and economic policies, or comments that could disturb ethnic or religious harmony or appeared to advocate partisan political views–could result in sanctions. Publications by local academics and members of research institutions rarely deviated substantially from government views.

The law authorizes the minister of communications and information to ban any film, whether political or not, that in his opinion is “contrary to the public interest.” The law does not apply to any film sponsored by the government and allows the minister to exempt any film from the act.

Certain films barred from general release may be allowed limited showings, either censored or uncensored. Films, including banned films, were available through YouTube and other websites.

In 2014 the then MDA banned the film To Singapore, With Love, on the grounds that it undermined national security and stated that “the individuals in the film have given distorted and untruthful accounts of how they came to leave Singapore and remain outside Singapore.” The film featured interviews with political activists who had fled the country in the 1960s and 70s.

FREEDOM OF ASSEMBLY

The constitution provides citizens the right to peaceful assembly but permits Parliament to impose restrictions “it considers necessary or expedient” in the interest of security, public order, or morality, and the government restricted this right. Public assemblies, including political meetings and rallies, require police permission. By law a public assembly may include events staged by a single person. Citizens do not need permits for indoor speaking events, unless they touch on “sensitive topics” such as race or religion, or for qualifying events held at Speakers’ Corner. Police also have the authority to order a person to “move on” from a certain area and not return to the designated spot for 24 hours.

In June activist and blogger Han Hui Hui received a fine for organizing a rally without prior approval to protest the government’s management of the national retirement fund. The judge stated the evidence proved Han rallied her Facebook readers to go to the event to protest, but that she did not have the approval of authorities to organize a demonstration or had she applied for one.

The government closely monitored political gatherings regardless of the number of persons present.

Spontaneous public gatherings or demonstrations were virtually unknown.

FREEDOM OF ASSOCIATION

Most associations, societies, clubs, religious groups, and other organizations with more than 10 members are required to register with the government under the Societies Act. The government can deny registration to groups that it believed had been formed for unlawful purposes or for purposes prejudicial to public peace, welfare, or public order. One application, of 236 submitted from January to October, was denied (155 were approved). The government has absolute discretion in applying criteria to register or dissolve societies.

The government prohibits organized political activities except by groups registered as political parties or political associations. The latter may not receive foreign donations but can receive funds from citizens and locally controlled entities. The PAP was able to use nonpolitical organizations, such as residential committees and neighborhood groups, for political purposes far more extensively than was the case for opposition parties. Due to laws regulating the formation of publicly active organizations, there were few NGOs apart from nonpolitical organizations, such as religious groups, ethnically oriented organizations, environmental groups, and providers of welfare services.

In June, three days after the annual LGBTI “Freedom to Love” rally organized by the advocacy group Pink Dot, the Ministry of Home Affairs issued a press statement saying “foreign entities should not interfere in our domestic issues, especially political issues or controversial social issues with political overtones,” to include LGBTI issues. The announcement sparked much commentary online and in the press, as well as criticism from human rights groups.

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

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

The constitution and the law provide for freedom of internal movement, foreign travel, emigration, and repatriation, and the government generally respected these rights, although it limited them in certain circumstances. The government cooperated with the UN High Commissioner for Refugees (UNHCR) and other humanitarian organizations in providing protection and assistance to asylum seekers and other persons of concern.

In-country Movement: The ISA permits authorities to restrict a person’s movement, and they did so in the case of some former ISA detainees. According to government sources, 21 suspected terrorists were subject to such restrictions in 2014.

Foreign Travel: The government may refuse to issue a passport, primarily on security grounds.

Men are required to undertake 24 months of uniformed national service upon reaching age 18. They also are required to participate in reserve training up to age 40 (for enlisted men) or 50 (for officers). Male citizens and permanent residents with national service reserve obligations are required to advise the Ministry of Defense of plans to travel abroad. Men and boys age 13 years and older who have not completed national service obligations are required to obtain exit permits for international travel if they intend to be away for three months or more. To obtain the required permit, a prospective traveler must in certain cases post a bond equal to S$75,000 ($54,000) or 50 percent of the combined gross annual income of both parents for the preceding year, whichever is greater. The bond requirement applies to male travelers that are 16 and one-half years of age and older for travel exceeding three months and to male travelers who are 13 to 16 and one-half years of age for travel lasting two or more years.

Emigration and Repatriation: The law allows for loss of citizenship by citizens who reside outside the country for more than 10 consecutive years; however, there were no known instances of the law being applied.

Former members of the Communist Party of Malaya residing outside the country may not repatriate unless they renounce communism, sever all links with the party, and agree to be interviewed by the Internal Security Department about their past activities. Some former party cadres accepted these conditions and returned in the past, but observers estimated that approximately 30 alleged party members had not.

PROTECTION OF REFUGEES

Access to Asylum: The law does not provide for the granting of asylum or refugee status, although the government may, on compassionate grounds and in cooperation with organizations such as UNHCR, provide assistance to refugees on a case-by-case basis.

Somalia

Section 2. Respect for Civil Liberties, Including:

The provisional federal constitution provides for freedom of speech and press, but neither federal nor regional authorities respected these rights. The government, government-aligned militias, authorities in Somaliland and Puntland, ISWA, IGA, IJA, ASWJ, al-Shabaab, and unknown assailants killed, abused, and harassed journalists with impunity (see sections 1.a. and 1.g.).

The Somaliland constitution prohibits publication or circulation of exaggerated or tendentious news capable of disturbing public order, and officials used the provision to charge and arrest journalists.

The Puntland constitution limits freedom of opinion and expression through broadly worded limitations–including conformity with moral dignity, national stability, and personal rights of others–and allows for exceptions from the right to freedom of expression in times of war or other public emergency.

Freedom of Speech and Expression: Individuals in government-controlled areas risked reprisal for criticizing government officials, particularly for alleged official corruption or suggestions that officials were unable to manage security matters.

Press and Media Freedoms: Print media consisted largely of short, photocopied independent daily newspapers, many of which the government owned, that were published in the larger cities. Several of these publications included criticism of political leaders and other prominent persons.

Citizens obtained news from foreign and domestic radio and television broadcasts. According to the African Union, approximately 50 radio stations operated throughout the southern and central regions as did one shortwave station in Mogadishu. As in previous years, Somaliland authorities continued to prohibit the establishment of independent FM stations, although several independent newspapers existed. All FM stations in Somaliland were government owned. There were at least six independent radio stations in Puntland.

Government and regional authorities temporarily closed media outlets, citing as reasons defamation or offending the president and other national leaders.

Somaliland authorities continued to fine and arbitrarily arrest journalists for defamation and other alleged crimes, including meeting with colleagues. Between April and August, Somaliland authorities arrested nine journalists, including one who worked with the state-owned television station, for attempting to meet in private with a member of the opposition party. Prison terms ranged from a few days to several months, and fines could be as high as 573,000 shillings ($1,000).

On June 23, Puntland police, on orders of Puntland’s minister of information, closed Radio Daljir offices for one week following the station’s interview with Abdisalan Gallan, former governor of Bari Region, who was fired for opposing the administration. Local media reported that the minister, Mohamoud Hassan So’adde, called the station following the interview and threatened violent reprisal for interviewing Gallan.

Violence and Harassment: The government executed a journalist during the year (see section 1.a.).

NISA arrested 16 journalists in Mogadishu, Beledweyne, Jowhar, and Kismayo during the year. Most were released without charge or after paying a fine.

According to the Somaliland Journalists Association, local authorities continued to harass and arbitrarily detain journalists systematically. In May, Somaliland police, at the behest of the mayor of Berbera, arrested several journalists, including Abdirashid Abdiwahaab Ibraahim, chairman of the independent newspaper Foor. The government accused the journalists of reporting on a member of the Berbera local government council who expressed skepticism about an agreement between the Somaliland government and Dubai Ports World on management of the Berbera port and for alleging that the president’s family received significant kickbacks from the agreement.

Journalists based in the Lower Juba Region continued to report that local security authorities harassed them.

On August 20, police arrested Somaliland journalist Saed Mohamoud Gahayr for publishing articles and social media posts that criticized Somaliland authorities. On October 15, the Hargeisa Regional Court acquitted Gahayr, as it lacked sufficient evidence. The prosecutor filed an urgent appeal, and the journalist remained in detention at year’s end.

Al-Shabaab and unknown gunmen killed five journalists and harassed and threatened others. Journalists reported al-Shabaab threatened to kill them if they did not report positively on antigovernment attacks.

Censorship or Content Restrictions: Journalists engaged in rigorous self-censorship to avoid reprisals.

On August 30, the governor of Hiiraan Region, Yusuf Ahmed Hagar, warned journalists in Beledweyne against reporting on the activities of politicians whose campaigns were not “authorized” by the government and threatened consequences for those who failed to comply.

Al-Shabaab banned journalists from reporting news that undermined Islamic law as interpreted by al-Shabaab and forbade persons in areas under its control from listening to international media outlets.

Libel/Slander Laws: Puntland and Somaliland authorities prosecuted journalists for libel. For example, in May the Somaliland security service arrested Mohamed Mohamud Yusuf and Abdirashid Abdiwahab Ibrahim–the editor and journalist, respectively, of an independent newspaper–for a report that criticized the government. The attorney general pressed criminal charges, including publication of “false news” and “defaming and smearing the president and first lady of Somaliland.” Both men were released on bail in June.

National Security: Federal and regional authorities cited national security concerns to suppress criticism and prevent press coverage of opposition political figures. For example, on September 22, airport security officials released a statement banning media representatives from entering the airport for 60 days, reportedly due to security concerns during the electoral period.

INTERNET FREEDOM

Authorities restricted access to the internet, but there were no credible reports that the government monitored private online communications without appropriate legal authority.

Al-Shabaab prohibited companies from providing access to the internet and forced telecommunication companies to shut data services in al-Shabaab-controlled areas.

UNSOM reported that internet service providers (ISPs) in February blocked 29 of 35 sites in compliance with a November 2015 order from the attorney general requiring the Ministry of Post and Telecommunications to block 35 websites considered a threat to national security due to their criticism of the government. Of the 35 sites identified, ISPs refused to block the six websites with links to al-Shabaab on the basis that the government was unable to protect them from retaliation.

According to the International Telecommunication Union, less than 2 percent of the population used the internet in 2015.

ACADEMIC FREEDOM AND CULTURAL EVENTS

Academics practiced self-censorship.

The Puntland administration required individuals to obtain government permits to conduct academic research.

Except in al-Shabaab-controlled areas, there were no official restrictions on attending cultural events, playing music, or going to the cinema. The security situation, however, effectively restricted access to and organization of cultural events in the southern and central regions.

FREEDOM OF ASSEMBLY

The federal provisional constitution provides for freedom of assembly, but the government limited this right. A general lack of security effectively limited this right as well. Federal and regional authorities killed protesters (see section 1.a.). The federal Ministry of Internal Security continued to require its approval for all public gatherings, citing security concerns, such as the risk of attack by al-Shabaab suicide bombers. Suppression of opposition meetings and gatherings increased during the election cycle, which began in August and continued at year’s end.

On July 9, the minister of internal security released a letter banning all meetings in Mogadishu hotels without prior approval from the ministry. On September 19, Mogadishu mayor Yusuf Hassan Jimale stated that opposition demonstrations would not be allowed in the capital due to security concerns; authorities did not impose any such restrictions on progovernment demonstrations.

The Somaliland government banned opposition political rallies outside the official campaign window, which typically began 45 days ahead of a scheduled national election. Authorities did not impose any such restrictions on progovernment rallies. On July 25, according to the Somaliland Journalists Association, Somaliland’s minister of national planning suspended three workshops for journalists in reprisal for media accusations that he mismanaged the Somaliland Development Fund.

Al-Shabaab did not allow any gatherings without its prior consent.

FREEDOM OF ASSOCIATION

The provisional federal constitution provides for freedom of association, but government officials harassed NGO workers. There were also reports that regional authorities restricted freedom of association. Al-Shabaab did not allow most international NGOs to operate.

Persons in the southern and central regions outside of al-Shabaab-controlled areas could freely join civil society organizations focusing on a wide range of problems. Citizens generally respected civil society organizations for their ability to deliver social services in the absence of functioning government ministries.

Regional administrations took steps to control or gain benefit from humanitarian organizations, including by imposing duplicative registration requirements at different levels of government; attempting to control humanitarian organization contracting, procurement, and staffing; and opaque and vague taxation.

Some Puntland civil society members alleged interference by security forces in political activities during the year. For example, in July authorities arrested and detained Yacub Mohamed Abdalla, a former minister and director of a local NGO, for publicly criticizing the Puntland president’s record on development.

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

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

The provisional federal constitution states that all persons lawfully residing in the country have the right to freedom of movement, to choose their residence, and to leave the country. Freedom of movement, however, was restricted in some areas.

Abuse of Migrants, Refugees, and Stateless Persons: Refugees lacked access to protection through law enforcement and the justice system. Refugees reported incidents of extortion, robbery, and sexual violence to the Office of the UN High Commissioner for Refugees (UNHCR).

The government and Somaliland authorities cooperated with UNHCR and the International Organization for Migration (IOM) to assist IDPs, refugees, returning refugees, asylum seekers, stateless persons, and other persons of concern.

During the year dialogue continued between humanitarian agencies, the FGS, and regional authorities to remove checkpoints and facilitate movement of humanitarian assistance, food aid, and essential commodities.

In-country Movement: Checkpoints operated by government forces, allied groups, armed militias, clan factions, and al-Shabaab inhibited movement and exposed citizens to looting, extortion, harassment, and violence. Roadblocks manned by armed actors and attacks on humanitarian personnel severely restricted movement and the delivery of aid in southern and central sectors of the country.

Al-Shabaab and other nonstate armed actors continued to ban commercial activities in the areas they controlled in the Bakool, Bay, Gedo, and Hiraan Regions and impeded the delivery of humanitarian assistance. For example, on June 19, armed men attacked and looted a truck convoy contracted by a humanitarian agency to deliver food aid and supplies in the Bakool Region and destroyed the vehicles.

Attacks against humanitarian workers and assets impeded the delivery of aid to vulnerable populations. During the first seven months of the year, there were more than 90 violent incidents targeting humanitarian agencies, as a result of which seven humanitarian workers were killed and eight injured, 10 were arrested, three abducted, and five assaulted while in detention. On July 26, a UNHCR staff member, 13 UNHCR employees, and 11 security personnel were killed during an al-Shabaab attack on the UNHCR compound in Mogadishu.

Somaliland prohibited federal officials, including those of Somaliland origin who purported to represent Hargeisa’s interests in Mogadishu, from entering Somaliland. It also prevented its citizens from traveling to Mogadishu to participate in FGS processes or in cultural activities.

IGA officials denied entry to Puntland residents and continued to arrest drivers with Puntland license plates. The practice began in January 2015, when the former Galmudug traffic supervisor announced that drivers of vehicles with Puntland plates would be fined, arrested, and detained for 24 hours.

Puntland authorities continued to ban the transport of goods by road from the port of Berbera in Somaliland to towns in Puntland, including Garowe and Galkayo. The ban limited the ability of aid workers to deliver humanitarian supplies, such as food, livestock vaccination equipment, nutritional supplements, and education materials, to vulnerable populations in Puntland.

Foreign Travel: Few citizens had the means to obtain passports. In view of widespread passport fraud, many foreign governments did not recognize Somali passports as valid travel documents.

INTERNALLY DISPLACED PERSONS

Conflict, including fighting between clan militias in the Lower Shabelle, Galmudug, and Hiraan regions, and drought resulted in more than 1.1 million IDPs, primarily in the southern and central regions; nearly 400,000 IDPs were located in Mogadishu.

Forced deportations from Saudi Arabia continued during the year; approximately 85,000 Somalis have been forcibly repatriated from Saudi Arabia since 2013. Many returnees were unable to return to their places of origin and became IDPs.

Somalis and citizens from other countries fleeing the conflict in Yemen sought refuge in Somalia. While flows from Yemen have declined since August 2015, more than 33,500 individuals have fled to Somalia since March 2015. This included more than 28,800 Somali nationals, 4,500 Yemeni refugees, and approximately 300 migrants of other nationalities. UNHCR protected IDPs and provided them with temporary lodging and financial assistance. Since March 2015 the IOM has assisted more than 10,500 arrivals with onward transportation to their final destinations; the majority traveled to Mogadishu.

Government and regional authorities provided negligible protection and assistance to IDPs and sometimes actively participated in their displacement. Private persons with claims to land and government authorities, for example, regularly pursued the forceful eviction of IDPs in Mogadishu. Some IDPs and humanitarian agencies criticized local authorities for tacitly endorsing the forceful relocation of IDPs to insecure areas in Mogadishu. Somali authorities did not prevent the forced displacement of persons from shelters to camps on the outskirts of the city.

From January to August, authorities forcibly evicted approximately 91,000 persons, mostly IDPs; more than 78,000 were relocated to the south central part of the country, primarily Mogadishu. Insecure land tenure and limited land title verification contributed to the scale of forced evictions.

An April 2015 a Human Rights Watch report alleged that Somali national police, NISA forces, and city council police forcibly evicted an estimated 21,000 displaced persons in Mogadishu during March. The report claimed Somali authorities beat some of those evicted, destroyed their shelters, and left them without water, food, or other assistance. According to the report, authorities failed to provide adequate notification and compensation to the communities facing eviction and did not provide viable relocation or local integration options as required by international law. The report claimed that none of the evicted persons interviewed for the report had seen an official written eviction order, and most were unaware of the planned evictions.

Government forces and aligned militia looted and collaborated in the diversion of humanitarian aid from intended beneficiaries in Mogadishu. Most international aid organizations previously evacuated their staff or halted food distribution and other aid-related activities in al-Shabaab-controlled areas due to continued killings, extortion, threats, and harassment.

Government forces, allied militias, men wearing uniforms, and AMISOM troops committed sexual violence, including rape of IDPs in and around Mogadishu. Many of the victims were children. Women and children living in IDP settlements were particularly vulnerable to rape by armed men, including government soldiers and militia members. Gatekeepers in control of some IDP camps reportedly forced girls and women to provide sex in exchange for food and services within the camps.

PROTECTION OF REFUGEES

Access to Asylum: The provisional federal constitution states that every person who has sought refuge in the country has the right not to be returned or taken to any country in which that person has a well-founded fear of persecution. There was no official system for providing such protection.

Somaliland continued to register asylum seekers with the assistance of UNHCR. The Somaliland Ministry of Rehabilitation, Resettlement, and Reconstruction had only limited resources and registered fewer than 1,000 new arrivals and asylum seekers during the year. In some instances the Somaliland government refused to register Ethiopians and Eritreans as asylum seekers. Some Yemenis with Somali origins were classified as returnees instead of refugees, shifting the costs associated with resettlement from UNHCR to the government of Somaliland.

Employment: Employment opportunities were limited for refugees, Somali returnees, and other vulnerable populations. Refugee returnees from Kenya reported limited employment opportunities in areas of return in the southern and central sections of the country.

Access to Basic Services: The FGS continued to work with the international community to improve access to basic services, employment, and durable solutions for displaced populations.

On August 29, the IJA began blocking all voluntary refugee returns from Kenya, attributing the decision to a lack of available services and livelihoods for returnees.

Refugees and Somali returnees had limited access to basic services. Poor refugee reception services in Somaliland resulted in some refugees reportedly returning to Yemen despite continuing conflict.

South Sudan

Section 2. Respect for Civil Liberties, Including:

The transitional constitution provides for freedom of speech and press. The government and its agents frequently violated these rights, however, and the downward trend in respect for these freedoms since 2011 continued.

Freedom of Speech and Expression: Civil society organizations must register with the government under the 2013 NGO Act (and the subsequent 2016 Act). The government regularly attempted to impede criticism by monitoring, intimidating, harassing, arresting, or detaining members of civil society who publicly criticized the government.

Press and Media Freedoms: The government maintained strict control of media, both print and electronic. The government suppressed dissenting voices, forcing some civil society organizations and media houses to shut down or flee the country. Most organizations practiced self-censorship to ensure their safety. During the year, the government temporarily closed newspapers for printing content deemed antigovernment. The newspapers were generally allowed to reopen a few days later. One newspaper, the Nation Mirror, was closed on September 14 after publishing the details of a report by international advocacy group The Sentry that alleged misuse of state funds by the nation’s leaders, and remained closed at year’s end. In November, NSS closed the independent radio station Eye Radio, reportedly because it aired a voice clip from SPLM-IO leader Machar; the station resumed broadcasts more than one week later. Since the outbreak of conflict in 2013, the government tried to dictate media coverage of the conflict and threatened those who tried to publish or broadcast the opposition’s views. NSS regularly harassed, intimidated, and summoned journalists for questioning. The environment for media workers remained precarious throughout the year.

Authorities made some progress on implementing the three media bills signed into law in 2013, which were intended to resolve disputes between the government and journalists through established boards responsible for the right to access information, public service broadcasting, and media authority. President Kiir appointed chairpersons and members of the boards.

Government officials or individuals close to the government regularly interfered in the publication of articles and broadcasting of programs, and high-level government officials stated press freedom should not extend to criticism of the government or soliciting views of opposition leaders.

Violence and Harassment: Security forces commonly intimidated or detained journalists whose reporting they perceived as unfavorable to the military or government. Security forces confiscated or damaged journalists’ equipment and restricted their movements. During the year, journalists were interrogated, harassed, detained, and imprisoned, and there were instances of severe violence and suspicious death. NSS representatives frequently harassed journalists by detaining them at NSS headquarters or local police stations without formal charges. Government harassment was so pronounced that several journalists fled the country. Journalists and media agencies that reported on news of the opposition could expect questioning and possibly closure. Journalists in Juba experienced threats and intimidation and routinely practiced self-censorship. On several occasions high level officials publicly used intimidating language directed toward media outlets and representatives.

There were numerous reported such abuses similar to the following example: On July 16, Alfred Taban, a journalist and editor in chief of the Juba Monitor, was arrested after publication of an editorial in which he called for the removal of President Kiir and First Vice President Machar, criticizing them for their failure to implement the August 2015 peace agreement. Taban was released on bail 13 days later. At year’s end, there was no date set for his trial.

On October 11, Malek Bol, a reporter for the Arabic-language daily al-Maugif, was found badly injured and showing signs of torture in a cemetery in Juba. According to Reporters Without Borders, fellow journalists found him three days after he disappeared. Bol had recently posted an article on social media critical of President Kiir.

In December 2015, NSS members arrested Joseph Afandi, an editor for the Arabic daily El Tabeer, at the newspaper’s offices in Juba after he wrote an editorial critical of the ruling party. Afandi was released without charge six weeks later. According to international watchdog agencies, Afandi was abducted in March, severely tortured, and dumped in a graveyard four days later.

INTERNET FREEDOM

The government did not restrict or disrupt access to the internet or censor online content, and there were no credible reports that the government monitored private online communications without appropriate legal authority. The government, however, targeted and intimidated individuals who were critical of the government in open online forums. Additionally, in an October 12 press statement, Information Minister Michael Makuei Lueth threatened to “disconnect” social and other online media, after (false) rumors of the president’s death circulated and contributed to widespread fear of violence or a coup in Juba. The internet was unavailable in most parts of the country due to lack of electricity and communications infrastructure. According to the International Telecommunication Union, 18 percent of the population used the internet in 2015.

ACADEMIC FREEDOM AND CULTURAL EVENTS

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

FREEDOM OF ASSEMBLY

The transitional constitution provides for freedom of peaceful assembly, and the government generally respected this right, but many citizens did not gather due to fear of targeted violence. Security officials lacked nonviolent crowd control capabilities and at times fired live ammunition into the air to disperse crowds.

FREEDOM OF ASSOCIATION

The transitional constitution provides for freedom of association, but the government did not respect this right for those suspected of associating with or having sympathies for opposition figures (see section 1.g.). Some civil society leaders interpreted the 2012 Political Parties Act as an attempt to suppress opposition to the SPLM (see section 3).

In February the president signed into law a bill that strictly regulates the activity and operations of civil society. The law focused particularly on NGOs working in the governance, anticorruption, and human rights fields, and imposed a range of legal barriers including limitations on the types of activities in which organizations can engage, onerous registration requirements, and heavy fines for noncompliance.

During the September 2-5 visit of the UN Security Council (UNSC) to South Sudan, UNSC Permanent Representatives met with CSOs that argued in favor of the deployment of a Regional Protection Force. Before the UNSC delegation had even left Juba, security forces began to target CSOs, detaining and threatening several CSO representatives. Security officials informed others they had to shut down their operations and their assets would be seized, because of the “antigovernment” messages they had been spreading.

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

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

The transitional constitution provides for freedom of internal movement, foreign travel, and repatriation. The government, however, often restricted these rights, and routinely blocked travel of political figures within the country and outside the country. The transitional constitution does not address emigration.

Abuse of Migrants, Refugees, and Stateless Persons: Refugees sometimes suffered abuse, such as armed attacks, killings, gender-based violence, forced recruitment, including of children, and forced labor, according to the UN High Commission for Refugees.

In-country Movement: IDPs remained on UNMISS PoC sites due to fear of retaliatory or ethnically targeted violence by armed groups, both government- and opposition-affiliated. The government often obstructed humanitarian organizations seeking to provide protection and assistance to IDPs and refugees. Continuing conflict between government and opposition forces restricted the movement of UN personnel and the delivery of humanitarian aid (see section 1.g.).

Emigration and Repatriation: The 2012 Cooperation Agreements signed by the governments of Sudan and South Sudan cover security, economic, and other matters, including an agreement to protect freedoms of residence, movement, economic activity, and property ownership for citizens of both countries residing in Sudan or South Sudan. Although negotiating parties made progress in October 2015 in Addis Ababa on border issues, the governments failed to make substantial progress on aspects of the agreement relating to each other’s nationals.

Citizenship: During the year, the government revoked the diplomatic and official passports of some SPLA-IO representatives abroad whom they deemed enemies of the state; however, there were no reports the government revoked citizenship for political reasons.

INTERNALLY DISPLACED PERSONS

In mid-year, conflict in the country intensified and spread to areas previously less affected by fighting. The result was mass population displacement, both within the country and into neighboring countries, and high levels of humanitarian and protection needs, which strained the ability of UN and international humanitarian personnel to provide protection and assistance. According to OCHA, conflict and food insecurity have displaced more than 1.8 million persons since December 2013, including more than 79,200 in and around Western Bahr el Ghazal State’s Wau town, and more than 1.2 million in remote areas of conflict-affected Jonglei, Unity, and Upper Nile states. Approximately 224,100 persons were sheltering in UNMISS PoC sites throughout the country as of December 12, an increase from the 193,800 sheltering in PoC sites at the end of 2015. The increased violence and food insecurity forced relief actors to delay plans for the safe return and relocation of some IDP populations.

On July 8, fighting broke out in Juba that killed hundreds of persons and newly displaced as many as 42,000 persons; nearly 39,000, both newly and previously displaced, remained in the town’s UNMISS PoC sites at year’s end. A July 11 ceasefire calmed active fighting in Juba, but reports of armed elements kidnapping and raping women outside the PoC sites increased. Relief workers recorded more than 100 cases of sexual and gender-based violence in the city in July, and noted the number was likely much higher due to underreporting.

The July violence spread from Juba to the Greater Equatoria region of Central Equatoria, Eastern Equatoria, and Western Equatoria states, an area traditionally less conflict prone. Nearly 426,000 persons were displaced in the region as of October 31, and many fled the country. In addition fighting in Unity state’s Leer County escalated in July, resulting in further population displacements within the state and to neighboring countries. As of December 5, approximately 1 million citizens had sought refuge in neighboring countries, including nearly 371,000 who fled to Uganda after July 1.

IDPs suffered significant abuses, such as armed attacks, killings, ethnically targeted violence, arbitrary detention, gender-based violence, and recruitment of child soldiers. Both government and opposition forces targeted IDPs.

PROTECTION OF REFUGEES

Access to Asylum: The South Sudan Refugee Act provides for protection of refugees as well as the granting of asylum and refugee status. The government allowed refugees from a variety of countries to settle and generally did not treat refugees differently from other foreigners.

Access to Basic Services: While refugees sometimes lacked basic services, this generally reflected a lack of capacity in the country to manage refugee problems rather than government practices that discriminated against refugees. Refugee children had access to elementary education in refugee camps through programs managed by international NGOs and the United Nations. Some schools were shared with children from the host community. Refugees had access to judiciary services in principle, although a lack of infrastructure and staff meant these resources were often unavailable.

Due to continuing conflict and scarcity of resources, some tension existed between refugees and host communities over access to resources.

Durable Solutions: The government accepted refugees and returnees for resettlement, although it did not publish a national strategy for facilitating integration or reintegration into local communities. No national procedures were in place to facilitate the provision of identity documents for returnees or the naturalization of refugees beyond procedures that were in place for all citizens and other applicants.

STATELESS PERSONS

Citizenship is derived through birth if a person has a South Sudanese parent, grandparent, or great-grandparent on either the mother’s or the father’s side, or if a person is a member of one of the country’s indigenous ethnic communities. Individuals also may derive citizenship through naturalization. Birth in the country is not sufficient to claim citizenship.

Sudan

Section 2. Respect for Civil Liberties, Including:

The Interim National Constitution provides for freedom of thought, expression, and of the press “as regulated by law,” but the government heavily restricted these rights.

Freedom of Speech and Expression: Individuals who criticized the government publicly or privately were subject to reprisal, including arrest. The government attempted to impede such criticism and monitored political meetings and the press. In July the government arrested Imam Yousif Abdullah Abaker following an Eid al-Fitr sermon in Aljenina in West Darfur, during which he criticized the central and state governments and blamed them for deaths in Darfur and throughout the country. He was reportedly transferred to Khartoum and sentenced to nine months in prison.

In March, NISS summoned and interrogated Rokaya al-Zaki, a journalist at al-Ray al-Aam newspaper, after publication of a financial corruption article relating to the Workers’ Union. NISS confiscated the independent daily al-Jarida’s press runs for unknown reasons on May 9, 10, 12, 13, and 16. In addition, journalists reported that security officers interrogated and harassed them. In November there were almost daily suspensions or confiscations of newspapers and radio stations by NISS for reporting on the nationwide civil disobedience that took place November 27 to 29 following the announcement of new austerity measures. Similarly, NISS seized newspapers on an almost daily basis throughout December, amid calls for large-scale protests. For example, NISS seized copies of daily al-Tayyar at least five times in December.

Throughout the year, more than 16 journalists were arrested, nine were subjected to legal actions against them by the government, at least 14 were summoned by NISS, and more than seven were suspended at some point. Throughout the year NISS detained more than 41 opposition party members, in some cases following meetings or symposiums during which attendees discussed politics.

The government also curtailed public discussion of a religious nature if proselytization was suspected and monitored religious sermons and teachings (see the Department of State’s International Religious Freedom Report at www.state.gov/religiousfreedomreport/).

Press and Media Freedoms: The Interim National Constitution provides for freedom of the press, but authorities prevented newspapers from reporting on problems deemed sensitive. In December 2015 President Bashir 2015 criticized his government’s inability to “control the media” in an address to the ruling NCP parliamentary caucus. He warned that he personally would take “decisive measures.” Those measures included regular and direct prepublication censorship, confiscation of publications, legal proceedings, and denial of state advertising. Confiscation in particular inflicted financial damage on newspapers already under financial strain due to low circulation. The government verbally ordered newspapers throughout the year about “red line” topics on which the press could not report. Such topics included corruption, university protests, the national dialogue, political negotiations in Addis Ababa, the conflict in South Sudan, the doctors’ nationwide strike, the weak economy and declining value of the Sudanese pound, power outages, outbreak of cholera, the security services, and government action in conflict areas. Authorities ordered the confiscation of newspapers that reported on these topics.

The government influenced radio and television reporting through the granting or denial of permits, as well as offering or withholding government payments for advertisements, based on how closely affiliated they were with the government.

On November 27, authorities issued a cease-and-desist order, closing indefinitely the privately owned satellite television channel Omdurman TV, which until then had seemed to be progovernment. According to its owner, the move likely came after a talk show the station aired in which ruling NCP party members discussed corruption as one of the possible factors in the country’s continuing budget crisis. The government, however, claimed that the channel’s license had expired.

The government controlled the media through the National Council for Press and Publications (NCPP), which administered mandatory professional examinations for journalists and oversaw the selection of editors. The NCPP had authority to ban journalists temporarily or indefinitely. In November the NCPP estimated there were 4,000 registered journalists in the country, a significant decrease from 7,000 in 2015. The council stated that registration of journalists was now handled primarily by the Sudanese Journalists Union, which may have more journalists on file with their organization. Of the 4,000 registered journalists in the country, approximately 600 were actively employed.

During the year authorities lifted restrictions on one journalist who had been temporarily banned from writing. As of December 2015, seven other journalists remained banned from writing, including four journalists for al-Jarida newspaper. As of November NISS had banned at least 16 journalists from publishing articles or suspended their newspapers from publishing.

Violence and Harassment: The government, including NISS, continued to arrest, harass, intimidate, and abuse journalists and vocal critics of the government. NISS required journalists to provide personal information, such as details on their tribe, political affiliation, and family.

According to Journalists for Human Rights, in early November NISS beat and arrested Mohamed al-Amin Abdel-Aziz, a journalist collaborator of al-Jarida newspaper. Also in early November, NISS allegedly beat and detained journalist Amal Habani after she left the premises of a courtroom in Khartoum where she attended the trial of several civil society activists. In December, NISS agents also arrested and allegedly beat a number of journalists, amid calls for large-scale protests against the lifting of fuel subsidies.

In late December 2015, lawyers referred to the Constitutional Court the case of Osman Mirghani, editor and chief of al-Tayar newspaper, who was attacked by unknown assailants in 2014 and whose newspaper’s publication had been suspended as of December 2015. Some human rights advocates suspected the government instructed the court to delay its ruling. On May 1, the Constitutional Court issued an order allowing al-Tayar to resume publishing after more than four months of “indefinite suspension” by NISS (without compensation) and following a hunger strike/protest by the staff of the newspaper, in which other journalists and activists also participated. After its reopening, NISS continued to intimidate and harass al-Tayar, and confiscated print runs of the daily on a regular basis.

On July 27, al-Tagheer newspaper suspended its own publishing indefinitely following multiple consecutive confiscations.

On September 14, the Press and Publications Council ordered suspension of four newspapers (Ilafal-Mostagilal-Watan, and Awal al-Nahar).

In January 2015 the Ministry of Culture revoked the Sudanese Writers Union’s registration. The union had been registered since 2006 to hold intellectual forums, cultural nights, movie screenings, and other activities. The union filed a case against the Ministry of Culture. In October 2015 a judge ruled in favor of the union, disallowing justifications used by the ministry to close the group. In late 2015, however, the court reversed its judgment. The group was reportedly able to reregister on December 1.

Censorship or Content Restrictions: The government continued to practice direct prepublication and prebroadcast censorship of all forms of media. The government increased confiscations during the May aftermath of April protests by students that were sparked by reports of the government’s alleged sale of the University of Khartoum to foreign investors. During the protests two students were killed, many were injured, and many were arrested. Confiscations of print runs was the censorship method most frequently used by NISS, having utility in terms of censoring material, incentivizing future self-censorship, and causing high financial losses to the publisher that could lead to the newspaper’s eventual closure.

In 2014 the government announced it would suspend exceptional measures, including prepublication censorship, imposed by NISS on print media; however, such censorship continued unabated. According to the National Council for Press and Publications, in November 2015 a court specializing in media issues and “newspaper irregularities” was established under the existing Press and Publications Act. By August the Press and Publications Court was functional.

The government confiscated print runs of at least 12 newspapers on at least 49 occasions between March and November, mostly in May, following the widespread April student protests and in November following nationwide civil disobedience strikes and protests in response to government austerity measures. For example, in one week from November 25 to December 2, NISS confiscated 16 print runs of nine newspapers.

On November 30, the Sudan Journalist Network organized a one-day strike to protest the confiscations of print runs of five dailies (al-Tayaral-Watanal-Jaridaal-Yom al-Taali, and al-Ayaam) for four days in a row, from November 28 to December 1. Local journalists suspected the seizures were for publishing articles critical of the subsidy cuts made by the government on November 3. More than 100 independent journalists participated in the strike.

National Security: The Press and Publications Act allows for restrictions on the press in the interest of national security and public order. It contains loosely defined provisions for bans for encouraging ethnic and religious disturbances and incitement of violence. The act holds editors in chief criminally liable for all content published in their newspapers. The criminal code, National Security Act, and emergency laws were regularly used to bring charges against the press.

NISS initiated and continued legal action against journalists for stories critical of the government and security services.

In February, Ibrahim Baggal, a digital journalist and online activist, was arrested for criticizing the governor of North Darfur in a Facebook post and charged under the Information Technology (IT) Crime Act. Baggal spent 55 days in detention before his release on bail, but he was reportedly detained again days later and held for another week, for seemingly arbitrary reasons. The public prosecutor later dropped some of the charges against Baggal, namely undermining the constitutional order, waging war against the state, and contempt for authority; however, Baggal still faced charges of spreading false information, disclosing military information, and breaching public safety.

In Khartoum the state health minister also took legal action against al-Watan after the newspaper accused the minister of misappropriating public funds to enhance al-Zaitona Hospital, one of three hospitals privately owned by the state health minister.

INTERNET FREEDOM

The government regulated licensing of telecommunications companies through the National Telecommunications Corporation. The agency blocked some websites and most proxy servers judged offensive to public morality, such as those purveying pornography. There were few restrictions on access to information websites, but authorities sporadically blocked access to YouTube and “negative” media sites. According to the International Telecommunication Union, approximately 27 percent of individuals used the internet in 2015, an increase from 25 percent in 2014.

Reporters without Borders reported NISS established a cyber-jihadist unit with a mandate to crack down on “internet dissidents” in 2011. According to outside reports, the unit continued to monitor social media accounts and electronic communications, especially of those believed to be regime critics.

Freedom House continued to rank the country as “not free” in its annual internet freedom report. According to the report, arrests and prosecutions under the IT Crime Act grew during the year, reflecting a tactical shift in the government’s strategy to limit internet freedom. The report noted that many journalists writing for online platforms published anonymously to avoid prosecution, while ordinary internet users in the country had become more inclined to self-censor to avoid government surveillance and arbitrary legal consequences.

In November 2015, for example, Seraj al-Naeem, the founder of the online news outlet Awtar al-Aseel, was arrested and charged with libel under the IT Crime Act for sending a WhatsApp message that accused a doctor of medical malpractice. Al-Naeem was detained for hours and released on bail, but not before he was asked to surrender his smartphone to the police as evidence. Al-Naeem was subsequently charged for inquiring about the legality of surrendering his phone. He was acquitted of all charges in May.

In November an activist was broadcasting live on Facebook, showing empty streets in downtown Khartoum as evidence of a successful civil disobedience campaign when security services confronted and detained him for several days.

In January the administrator of a WhatsApp group for journalists was charged with libel under the IT Crime Act for a message that criticized the minister of health. He was detained and questioned for several hours along with the individual who sent the original message; both were subsequently released on bail and as of October still awaiting trial.

Cybercafes lacked privacy and were subject to intrusive government surveillance. In February, NISS and Ministry of Interior special cybercrime units raided 130 internet cafes in Khartoum in search of content threatening “public morals.”

ACADEMIC FREEDOM AND CULTURAL EVENTS

The government restricted academic freedom at cultural and academic institutions. It determined the curriculums and appointed the vice chancellors responsible for administration. It continued to arrest student activists and cancel or deny permits for some student events. Youth activists reported some universities discouraged students from participating in antigovernment rallies and showed favorable treatment towards NCP students. Some professors exercised self-censorship. Security forces used tear gas and other heavy-handed tactics against largely peaceful protests at universities or involving university students. The Public Order Police continued to monitor public gatherings and cultural events, often intimidating women and girls, who feared police would arrest them for “indecent” dress or actions.

Following widespread unrest on college campuses across the country in April, many universities indefinitely suspended student activities (political, cultural, and social) on university premises and required approval before events could be held.

On April 30, NISS prevented the Sudanese Journalists’ Network from holding a conference in Khartoum and provided no explanation. On September 13, NISS prevented the Sudanese Congress Party from holding a public event commemorating the third anniversary of the September 2013 protests, during which 185 to 200 protesters were killed.

FREEDOM OF ASSEMBLY

Although the Interim National Constitution and law provide for freedom of assembly, the government severely restricted this right. The criminal code considers gatherings of more than five persons without a permit to be illegal. Organizers must notify the government 36 hours prior to assemblies and rallies.

In February, NISS dispersed a peaceful protest against the construction of new dams in Northern State, arrested a number of protesters, and later released them.

In April NISS arrested 27 students, including five female students, who were involved in protests at the University of Khartoum. The students protested April 11 to 14, following reports the government planned to sell the main campus to foreign investors. NISS released the 27 students without charge on April 16. An additional University of Khartoum student arrested separately but in conjunction with the protests, Asim Omer, remained detained and was charged after three months with the murder of a police officer, a capital offense, during campus protests. Human rights observers and classmates of Omer insisted the charges were based on falsified evidence, asserting the student was not present during the campus protests. As of year’s end, trials of the students continued.

On November 20, NISS arrested without charge 28 college students who demonstrated on Africa Road against the government’s austerity measures (fuel subsidy cuts) and subsequent price increases. The judge released all 28 students on bail November 21, and the students faced trials on November 22 and 23. On December 4, cases of all 28 students were dismissed. The arrests of the students were concurrent with a large-scale NISS arrest campaign, during which NISS detained 22 leading figures from the Sudan Congress Party (see section 1.e.) and several members of the National Unionist Party (NUP), Sudanese Communist Party, Arab Ba’ath Party, National Consensus Forces, and the Reform Now Movement, as well as civil society activists and journalists.

The government continued to deny permission to Islamic orders associated with opposition political parties, particularly the Ansar (Umma Party) and Khatmiya (Democratic Unionist Party), to hold large gatherings in public spaces, but parties regularly held opposition rallies on private property. Government security agents occasionally attended opposition meetings, disrupted opposition rallies, or summoned participants to security headquarters for questioning after meetings.

Authorities reportedly took only limited, if any, action against security force members who used excessive force. In November 2015 media reported the Ministry of Justice agreed to pay diya (blood money) totaling 35 million SDG ($5.3 million) in compensation to families of identified victims of the September 2013 protests and lift the immunity of four security officers. As of year’s end, cases against the security officers remained pending (see section 1.a.).

FREEDOM OF ASSOCIATION

The Interim National Constitution and law provide for freedom of association, but the government severely restricted this right. The law prohibits political parties linked to armed opposition groups. The government closed civil society organizations or refused to register them on several occasions. Government and security forces continued arbitrarily to enforce provisions of the NGO law, including measures that strictly regulate an organization’s ability to receive foreign financing and register public activities.

Throughout the year, according to the Sudanese Confederation of Civil Society, authorities either rejected or failed to approve applications to reregister more than 40 registered organizations and began investigations into their activities.

Under the government’s “Sudanization” policy, many organizations reported they faced administrative difficulties if they refused to have progovernment groups implement their programs at the state level. In Blue Nile, for example, HAC authorities prevented one humanitarian organization from implementing a food security program for several months until it agreed to collaborate with CORD, a local organization selected by the state government.

Organizations reported delays in obtaining permits to hold general assembly meetings. In the absence of general assemblies, the government prevented some organizations from holding elections or filling vacant positions. Some civil society activists believed the government delayed these approvals to disrupt the organizations’ work or force them out of compliance with government regulations.

On February 29, NISS officers raided the Khartoum Center for Training and Human Development (TRACKS), a civil society capacity-building organization, for the second time in less than a year. The officers confiscated five laptops and nine telephones belonging to staff, trainees, and visitors. They collected documents, publications, flip charts, passports, and car keys belonging to the TRACKS directors, Khalaf-Allah al-Afif Muktar and Midhat Afifaddin Hamadan. Before departing the officers returned the equipment belonging to trainees and allowed them to leave. They also instructed Midhat, as well as Abuhrira Abdelrahman, another TRACKS staff member, and Adam Finun, an artist who happened to be visiting TRACKS at the time, to report to NISS headquarters in central Khartoum on March 3 before they were later released. In March NISS agents detained Director Khalafalla, Office Supervisor al-Shazali Ibrahim al-Sheikh, and Mustafa Adam, director of sister organization al-Zarqaa who was visiting TRACKS, and interrogated them separately before releasing them in intervals. One detainee who suffered from diabetes was deprived of food during his daylong detention.

Between March 3 and 13, NISS summoned and interrogated multiple activists associated with TRACKS, questioning all about their activities and relationship with the al-Khatim Adlan Center for Enlightenment and Human Development, an organization forcibly shut down by the government in 2012. Multiple activists were arrested and released in association with TRACKS through May.

On May 21, NISS arrested Khalaf-Allah al-Afif Muktar, Mustafa Adam and Midhat Afifaddin Hamadan from their homes and held them in cells with reported dimensions of 13 feet by 13 feet, which held over 26 prisoners, and had no ventilation. Due to the harsh conditions, Khalafalla, who had a heart condition, fainted on August 14 after being refused medical care three weeks previously. On August 15, the three detainees were transferred to al-Huda Prison in Omdurman North to face capital charges, including Article 50 (Undermining the Constitutional System), Article 51 (Waging War against the State), Article 53 (Espionage), and Article 65 (Criminal and Terrorist Organizations). In addition to these charges, Mustafa Adam and Midhat Afifaddin Hamadan faced charges related to the Information Crimes Law.

Three additional TRACKS associates, Arwa al-Rabie, Imany-Leila Ray, and al-Hassan Kheiry, who were arrested and released on bail after 10 days of detention in May, faced the same four charges as above. As of year’s end, trials continued for all six individuals related to the TRACKS raid on February 29, three of whom were still in custody.

On May 5, a group of armed NISS officers raided the offices of prominent human rights lawyer Nabil Adeeb in Khartoum. At the time of the raid, Nabil Adeeb, chairperson of the Khartoum-based Sudanese Human Rights Monitor, was meeting with a group of students, some of whom had recently been dismissed or suspended from the University of Khartoum following the April protests. NISS arrested 10 students at the office, together with two lawyers and two female employees.

During the armed raid, NISS officers seized legal files and equipment, including Adeeb’s personal laptop, without a warrant. With the exception of Adeeb’s cell phone, none of his property was returned.

Two National Umma Party (NUP) members, brothers Emad and Erwa al-Siddiq, were arrested and detained by NISS on December 14, 2015 and January 6 respectively. NISS charged the brothers with capital crimes and other charges, including undermining the constitution, warring against the state, affiliation with terrorist organizations, defamation, and criminal plotting. The charges were prompted by the brothers posting statements online critical of NISS, to include GPS coordinates of reported “ghost-houses” where NISS agents reportedly detained and physically abused human rights activists. Observers believed NISS sought to make an example of the case to discourage subversive political activities from both the Umma Party and the broader opposition. Emad al-Siddiq was convicted on September 5 and sentenced to six months’ imprisonment, which he had already served. As such, he was released the day of the ruling and fined 10,000 SDG ($1,500). Erwa al-Siddiq was also convicted and sentenced to one year in prison; he was released in September. Erwa was also fined 20,000 SDG ($3,000).

In November and December, authorities arrested the entire senior leadership of the Sudan Congress Party, and detained them without charges and, with one exception, without visitation. NISS released the opposition members in late December with no charges.

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

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

The Interim National Constitution and law provide for freedom of movement, foreign travel, emigration, and repatriation, but the government restricted these rights for foreigners, including humanitarian workers.

The government impeded the work of UN agencies and delayed full approval of their activities throughout the country, particularly in the Two Areas. NGOs also alleged the government impeded humanitarian assistance in the Two Areas.

Abuse of Migrants, Refugees, and Stateless Persons: Asylum seekers and refugees were vulnerable to arbitrary arrest and harassment outside of camps because they did not receive identification cards while awaiting government determination of refugee or asylum status. Refugees and asylum seekers in urban areas were also subject to arrest because the government’s encampment policy makes it illegal to move from assigned camps without authorization. On average 150-200 refugees and asylum seekers were detained in Khartoum each month and assisted with legal aid by the joint UNHCR and commissioner for refugees legal team. Although the Asylum Act makes naturalization possible for refugees, it was not fully implemented.

There were some reported abuses, including gender-based violence, in the camps. The government worked closely with UNHCR to provide greater protection to refugees. There were government impediments relating to access to refugees, including delay or denial of travel permits and visa approvals.

According to human rights advocates, the delay in granting legal status was partly the reason some new refugees left the camps before registering with UNHCR. Refugees often relied on human trafficking and smuggling networks to leave camps. Traffickers routinely abused and tortured refugees if ransoms were not paid.

See the Department of State’s Trafficking in Persons Report at www.state.gov/j/tip/rls/tiprpt/.

In-country Movement: The government and rebels restricted the movement of citizens as well as UN and humanitarian organization personnel in conflict areas (see section 1.g.). While the government claimed refugees had freedom of movement within the country, it required they formally register and be granted travel permits before leaving refugee camps. According to authorities, registration of refugees helped provide their personal security. Refugees faced administrative fines once they returned to their camp, if they left camps without permission and were intercepted by authorities.

Internal movement was generally unhindered for citizens outside conflict areas. Foreigners needed travel permits for domestic travel outside Khartoum, which were often difficult to obtain. Foreigners were required to register with the Ministry of Interior’s Alien Control Division within three days of arrival and were limited to a 15.5-mile radius from Khartoum. Once registered, foreigners were allowed to move beyond this radius, but travel outside of Khartoum State required official approval.

The government delayed issuing humanitarian visas to UN and NGO staff and generally denied access to conflict areas, with some exceptions made for Darfur IDP camps. The government also delayed issuing travel permits to nonconflict areas.

The country maintained a reservation on Article 26 of the UN Convention on Refugees of 1951 regarding refugees’ right to move freely and choose their place of residence within a country. The government’s encampment policy requires asylum seekers and refugees to stay in designated camps. The government allowed for the establishment of two camps for South Sudanese refugees in East Darfur. The government increasingly referred to “holding sites” in White Nile as refugee camps.

Foreign Travel: The government requires citizens to obtain an exit visa if they wish to depart the country. Issuance was usually without complication, but the government continued to use the visa requirement to restrict some citizens’ travel, especially persons of political or security interest. To obtain an exit visa, children must receive the permission of both parents.

In March, five civil society representatives (Faisal Mohamed Salih, Siddig Yousif, Muawia Shaddad, Sawasan Alshoaya, and Salih Mahmoud) were stopped by plainclothes security officials at Khartoum International Airport traveling to Geneva, where they were to participate in UN presession meetings of the universal periodic review (UPR) for Sudan. Their passports were confiscated, and they were told to report to NISS headquarters for further information to reclaim them, thereby preventing them from attending the Geneva meetings.

On November 19, NISS agents again prevented Siddig Yousif of the Solidarity Committee from traveling to Geneva to participate in civil society/political meetings. According to Yousif, this incident was the fifth time within two years that NISS imposed a travel ban on him.

Exile: The government observed the law prohibiting forced exile. It warned political opponents of their potential arrest, however, if they returned. Opposition leaders and NGO activists remained in self-imposed exile in northern Africa and Europe; other activists fled the country during the year. In September 2015 a presidential decree granted general amnesty for opposition members and rebel leaders living abroad who agreed to return to Sudan to participate in the national dialogue. As of year’s end, prominent opposition members had not returned to the country under the amnesty, some expressing concern about their civic and political rights even with the amnesty (see section 1.d.).

INTERNALLY DISPLACED PERSONS

Large-scale displacement continued to be a severe problem in Darfur and the Two Areas, and government restrictions and security constraints continued to limit access to affected populations and impeded the delivery of humanitarian services.

According to the United Nations and partners, during the first 11 months of the year, an estimated 97,500 persons were reported newly displaced across Darfur. Up to an additional 88,775 persons were also reported displaced, but the United Nations reported its inability to verify these figures due to lack of access to the relevant locations. In addition, approximately 38,150 persons reportedly returned, of which 25,564 (in Golo) were verified by the WFP. UN OCHA reported the vast majority of the displacement during the year was triggered by the conflict in the Jebel Marra area, which ignited in January. The United Nations and partners reported during the year through December, 3,026 individuals were newly displaced in Southern and Western Kordofan and Blue Nile, although the number was largely unknown due to lack of access to those areas. Other reports placed the number of displaced at 12,468. Many IDPs faced chronic food shortages and inadequate medical care. Significant numbers of farmers were prevented from planting their fields due to the conflict, leading to near-famine conditions in parts of Southern Kordofan. The government and the SPLM-N continued to deny access to humanitarian actors and UN agencies in areas controlled by the SPLM-N; these areas contained approximately 800,000 of the IDPs and severely affected persons in 2015. UN agencies could provide no estimates citing lack of access as a hindrance.

Government restrictions, harassment, and the threat of expulsion resulted in continued interruption of gender-based violence programming. Reporting and outreach were limited (see section 5). Some UN agencies were able to work with the Darfur governor’s advisers on women and children to raise awareness of gender-based violence and response efforts.

There were numerous reports of abuse committed by government security forces, rebels, and armed groups against IDPs in Darfur, including rapes and beatings (see section 1.g.).

Outside IDP camps and towns, insecurity restricted freedom of movement, and women and girls who left the towns and camps risked sexual violence. Insecurity within IDP camps also was a problem. The government provided little assistance or protection to IDPs in Darfur. Most IDP camps had no functioning police force. International observers noted criminal gangs aligned with rebel groups operated openly in several IDP camps.

As in previous years, the government did not establish formal IDP or refugee camps in Khartoum or the Two Areas, and UNHCR did not make any formal requests to establish such new camps during the year.

The United Nations did not have a presence in SPLM-N-controlled areas and was unable to assess the scope of civilian displacement in the area.

PROTECTION OF REFUGEES

As of November UNHCR reported approximately 403,000 refugees and asylum seekers in the country, including 106,000 Eritreans, 15,000 Ethiopians, and 8,000 Chadians. Unlike in previous years, Chadian population numbers considered only those in camps, and not those spontaneously settled along the border and among the population. As of November more than 262,000 South Sudanese had arrived in the country since fighting erupted in December 2013, including a new influx in East Darfur.

New Eritrean refugees entering eastern Sudan often stayed in camps for two to three months before moving to Khartoum, other parts of the country, or on to Libya in an effort to reach Europe. The government continued to restrict access in eastern Sudan for international humanitarian NGOs, as it did throughout the country.

According to UNHCR, the government hosted approximately 67,000 refugees in Khartoum as of October.

From January to June, an estimated 7,500 persons fled Southern Kordofan to become refugees in South Sudan, nearly 3,000 of whom arrived in May alone. Nearly 90 percent were women and children, with one child in 10 arriving alone or without a family member.

As of November UNHCR estimated 350,000 persons of South Sudanese origin remained in the country following South Sudan’s independence in 2011. Approximately 250,000 of them lived in Khartoum, many integrated into the urban population. An estimated 40,000 lived in shantytowns, informal settlements known as “open areas” until August. The government did not officially recognize this population as refugees or IDPs and restricted access to these areas by humanitarian organizations. Many open areas lacked basic services such as water, electricity, and sewage systems. In August authorities relocated more than 6,000 South Sudanese from three open areas in Ombeda locality to a new site in Nivasha. UNHCR, which was not informed in advance about the relocation, expressed concern over how the relocation was carried out. Access to basic services in the new site remained limited.

UNHCR reported 40,000 persons of South Sudanese origin who had remained in the country following South Sudan’s independence had obtained nationality documents from the South Sudan Consulate in Khartoum as of December. The governments of Sudan and South Sudan signed a framework agreement (known as the “four freedoms” agreement) as part of a broader bilateral agreement in 2012 which provides for citizens of both states to enjoy freedom of residence, movement, economic activity, and property ownership, but it was not fully implemented during the year.

The government did not recognize individuals fleeing from South Sudan as refugees under the 1951 Refugee Convention but essentially treated them as such under the Arab/Islamic regime of asylum following December 2013 fighting in South Sudan, and it allowed some national and international organizations to assist them. In 2014 UNHCR and the Ministry of Interior’s Commission for Refugees and Directorate General of Passports and Immigration signed a memorandum of understanding (MOU) on the registration and documentation of approximately 500,000 South Sudanese in Sudan, including those that fled the conflict in South Sudan in December 2013.

On March 17, the government directed that South Sudanese were to be treated as foreigners. In April UNHCR reported on the arrests of 189 South Sudanese refugees mostly around the Alsog al-Markazee area in Khartoum for alleged lack of documentation or nonrecognition of the documents issued by the Department of Passports and Immigration Police. The individuals incurred fines of approximately 1,112 SDG ($167). The government released approximately 300 South Sudanese following intervention by UNHCR, but many remained in detention, per UNHCR reports. UNHCR successfully challenged convictions based on nonrecognition of the Immigration Police-issued documents before the Fourth Circuit of the Supreme Court.

On September 1, UNHCR and the Office of the Commission for Refugees signed a MOU designed to regulate how the two entities would manage South Sudanese refugees. UNHCR noted that although the government desired to distinguish among South Sudanese refugees based on refugees’ date of arrival in the country, the agreement itself contains no such distinctions. In December the government allegedly confirmed the content of the MOU, lifting the previous position of a cut-off date based on arrival in the country.

Access to Asylum: The government generally provided first asylum/temporary protection to individuals who might not qualify as refugees. In 2014 the government adopted asylum legislation that provides for the granting of asylum or refugee status and requires asylum applications to be nominally submitted within 30 days of arrival in the country. This time stipulation was not strictly enforced. The government granted asylum to many asylum seekers, particularly from Eritrea, Syria, Somalia, and Ethiopia, but it sometimes considered individuals registered as asylum seekers or refugees in another country, mostly in Ethiopia, to be irregular movers or migrants. Government officials routinely took up to three months to approve individual refugee and asylum status, but they worked with UNHCR to implement status determination procedures in eastern Sudan and Darfur and attempted to reduce the case backlog. The law requires asylum seekers to register both as refugees with the Commission for Refugees and as foreigners with the Civil Registry (to obtain a “foreign” number).

In August security officials told reporters that 816 African migrants (and Sudanese intending to emigrate) and a group of smugglers were arrested near the country’s border with Libya between June and August. The officials said the migrants were attempting to cross into Libya with plans to proceed to Europe. Among those arrested were 347 Eritreans, 130 Ethiopians, and 90 Sudanese; the remainder were mostly Somalis. Foreign individuals were charged, convicted, and deported to their countries of origin. The status of the Sudanese who were apprehended was unknown. Since the beginning of the Syrian conflict in 2011, more than 40,000 Syrians have arrived in Sudan, according to government sources, of whom 6,990 have been registered with UNHCR. The government did not require visas or residency permits for Syrians out of Arab solidarity. The Sudanese Commission for Refugees, however, restarted registration of Syrian nationals in November 2015 to better account for their number and needs.

The government waives regular entry visa requirements for Yemenis. As of November, more than 1,600 Yemeni refugees had registered in Sudan.

Refoulement: The country is a signatory to the 1951 Convention relating to the Status of Refugees and generally respected the international principle of nonrefoulement with a few notable exceptions. According to UNHCR incidents of refoulement decreased significantly during the year. In early May authorities arrested 377 individuals in Dongola, Northern State, as they attempted to cross the country’s northwest border into Libya. The group included 313 Eritreans and 64 Ethiopians. Six were already registered refugees within Sudan. All faced charges of illegal entry and were tried in court. On May 22, the authorities deported all Ethiopian refugees and Eritrean refugees, which included 14 children.

In February 2015 authorities in the east disclosed they followed a practice of returning “recyclers”–Eritrean asylum seekers presumed to be previously registered as refugees in Ethiopia.

With UNHCR’s intervention, authorities were trained on referral procedures to prevent refoulement, including of refugees who previously registered in other countries.

Employment: The government in principle allows refugees to work informally but rarely granted work permits (even to refugees who have obtained higher degrees in the country). In 2015 and during the year, UNHCR signed a project partnership agreement with the Commission for Refugees to issue over 1,000 work permits to selected refugees for a livelihood graduation program implemented in Kassala and Gadaref. In 2015 some refugee beneficiaries were selected, but the issuance of permits was still pending at year’s end.

Some refugees in eastern states were able to find informal work as agricultural workers or laborers in towns. Many women in camps reportedly resorted to illegal production of alcohol and were subjected to arrest and harassment by police. In urban centers the majority of refugees worked in the informal sector (for example, as tea sellers, house cleaners, and drivers), leaving them at heightened risk of arrest, exploitation, and abuse.

Temporary Protection: The government generally maintained an open border with South Sudan. The government position on the status of South Sudanese in Sudan, however, changed on multiple occasions based on improvements or contentious points in the Sudan-South Sudan relationship. Before signing a September MOU with UNHCR, which officially recognized South Sudanese in Sudan as refugees, there were statements by the government both that South Sudanese refugees fleeing conflict in their country would enjoy the same status as Sudanese citizens, and that they would be treated as foreigners when relations encountered setbacks. As of November, UNHCR estimated 263,425 individuals had crossed into the country from South Sudan since December 2013, with more than 110,000 refugees having arrived since January. The majority sought refuge in White Nile State.

Since December 2013 more than approximately 35,000 South Sudanese also traveled to Khartoum.

STATELESS PERSONS

The 1994 Nationality Act was amended in 2005 not only to apply to child with a father of Sudanese decent but also to allow a child born to a Sudanese mother to acquire Sudanese nationality by birth by following an application process. The Interim Sudanese Constitution, however, provides “every person born to a Sudanese mother or father shall have an inalienable right to enjoy Sudanese nationality and citizenship.” After the creation of the independent State of South Sudan, the Republic of Sudan amended its nationality law in 2011 but has yet to amend the relevant sections of the 1994 Act. The Interim Sudanese Constitution remains in force until Sudan adopts a permanent constitution.

Persons of South Sudanese origin who lived for many years in the Republic of Sudan were stripped of their Sudanese nationality by law, irrespective of the strength of their connections to the new state of South Sudan or Sudan and their views on which state to which they wished to belong. Other populations who risked being adversely affected included individuals with one parent from Sudan and one from South Sudan; members of cross-border ethnic groups; and persons separated from their families by war, including unaccompanied children.

Some persons of South Sudanese origin living in Sudan risked ending up stateless, without either a Sudanese or South Sudanese nationality, and losing their basic rights.

Swaziland

Section 2. Respect for Civil Liberties, Including:

The constitution provides for freedom of speech and press, but the king may deny these rights at his discretion, and the government restricted these rights. Antiterrorism, sedition, and public order legislation also severely restrict constitutional rights. Officials impeded press freedom. Although no law bans criticism of the monarchy, the prime minister and other officials cautioned journalists against publishing such criticism with veiled threats of newspaper closure or job loss.

Freedom of Speech and Expression: The law severely restricts free speech and gives police wide discretion to detain persons for lengthy terms without trial or public hearing. Those convicted of sedition may be sentenced to up to 20 years in prison.

The king may suspend the constitutional right to free expression at his discretion, and the government severely restricted freedom of expression, especially regarding political issues or the royal family. Individuals who criticized the monarchy risked exclusion from the patronage system of the traditional regiments (see section 1.f). This exclusion could also be applied to their family members.

William Mkhaliphi, an 82-year- old man from Vuvulane who strongly criticized the king over royal land holdings and lack of land rights for the people during the People’s Parliament (Sibaya) gathering in August, was reportedly arrested and charged under the Public Order Act and with questionable charges of theft.

Press and Media Freedoms: The law empowers the government to ban publications if it deems them “prejudicial or potentially prejudicial to the interests of defense, public safety, public order, public morality, or public health.” Most journalists practiced self-censorship. Journalists expressed fear of judicial reprisals for their reporting on some High Court cases and matters involving the monarchy.

Daily newspapers criticized government corruption and inefficiency but generally avoided criticizing the royal family.

The broadcast media remained firmly under state control. Most persons obtained their news from radio broadcasts. A controversial ministerial decree prohibiting members of parliament from speaking on the radio was apparently lifted. Although the government claimed the decree had never been enforced, there was no instance in which a member of parliament violated it. Despite invitations issued by the media regulatory authority for parties to apply for licenses, no licenses were awarded. Stations practiced self-censorship and refused to broadcast anything perceived as critical of the government or the monarchy.

Censorship or Content Restrictions: Media practiced self-censorship due to fear of reprisals such as losing paid government advertising if their reporting were perceived as critical of the government, particularly the monarchy. According to civil society activists, letters to the editor critical of government or the monarchy were sometimes altered or not published.

INTERNET FREEDOM

The government did not restrict or disrupt access to the internet or censor online content. There were credible reports that the government monitored private online communications without appropriate legal authority. In the Private and Cabinet First Quarter Report of 2015, the government press office stated that authorities monitored internet blogs, e-mail, and social networks such as Facebook, Twitter, and internet chat rooms. An anonymous online site, Swazileaks, which criticized extravagant royal family spending, was inactive during the year, possibly due to government pressure. According to the International Telecommunication Union, 30.4 percent of the population used the internet in 2015.

ACADEMIC FREEDOM AND CULTURAL EVENTS

Restrictions on political gatherings and the practice of self-censorship affected academic freedom by limiting the content and frequency of academic meetings, writings, and discourse on political topics. At the University of Swaziland, political research documents may be obtained only upon special request. There were no government restrictions on cultural events. The government withdrew a history book from the school curriculum because it discussed the People’s United Democratic Movement, a proscribed political entity.

FREEDOM OF ASSEMBLY

Although the constitution provides for freedom of assembly, the government often restricted this right. The law requires police consent and a permit from the municipal council to hold political meetings, marches, or demonstrations in a public place. Unlike in prior years, these permits generally were granted. Rallies during the Southern African Development Community Summit, however, were actively discouraged. Marches were directed away from high-traffic areas. Chiefs prohibited political rallies in rural areas.

The government harassed opposition members and conducted surveillance on members of labor unions, political groups, and groups considered potentially political. Authorities attempted to prevent meetings and demonstrations by withholding consent. When demonstrations took place, security officials were deployed in force, on occasion outnumbering protesters. Political activists alleged authorities monitored their telephone calls.

On February 22, during a student protest at the University of Swaziland, the Operational Support Services Unit, a paramilitary branch of the RSPS, drove an armored vehicle at high speed into a crowd of hundreds of unarmed protesters. A second-year student, Ayanda Mkhwanazi, was severely injured and left disabled as a result of the incident. The government initiated an investigation into the case; no findings were released by year’s end.

FREEDOM OF ASSOCIATION

The constitution provides for freedom of association, but the government restricted this right. The constitution does not address the formation or role of political parties. It states that individual merit shall be the basis for election or appointment to public office. While officials argued the constitution replaced and superseded the 1973 decree that banned political parties, there were no legal mechanisms for parties to register or contest elections. Several prodemocracy groups have been declared terrorist organizations due to statements calling for disbanding the government system and alleged connections to a bombing campaign in the mid-2000s.

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

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

The constitution provides for freedom of internal movement, foreign travel, emigration, and repatriation and the government generally respected these rights. It also states provisions of law and custom that impose restrictions on the freedom of any person to reside in the country shall not contravene the freedom granted by the constitution.

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, and other persons of concern. By traditional law and custom, chiefs have the power to decide who may reside in their chiefdoms; evictions occurred due to internal conflicts, alleged criminal activity, or opposition to the chief.

Foreign Travel: Nonethnic Swazi citizens sometimes experienced lengthy processing delays when seeking passports and citizenship documents, in part due to the country’s history of not treating mixed-race and white persons as “legitimate” citizens. In addition, political activists and their families often had difficulty obtaining passports.

PROTECTION OF REFUGEES

Access to Asylum: Laws provide for the granting of asylum or refugee status, and the government has established a system for providing protection to refugees. The government provided protection against the expulsion or return of refugees to countries where their lives or freedom would be threatened. The government cooperated with UNHCR and other humanitarian organizations in providing protection and assistance to refugees and asylum seekers. The country hosted an estimated 1,000 refugees, the majority from the African Great Lakes region and Somalia.

Durable Solutions: The government permanently resettled refugees in the country. It allowed some refugees to compete for jobs and granted them work permits and temporary residence permits. The government also provided refugees with free transportation twice a week to buy and sell food in local markets. Refugees who lived in the country more than five years were eligible for citizenship, but many waited longer to acquire citizenship, sometimes more than 10 years, due to bureaucratic inefficiency and onerous requirements. The government continued to implement a psychological support program that provided counseling to refugees. Refugees could visit the neighboring countries of Mozambique and South Africa with ease.

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The Lessons of 1989: Freedom and Our Future