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Estonia

Section 2. Respect for Civil Liberties, Including:

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

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

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

PROTECTION OF REFUGEES

Access to Asylum: The law provides for the granting of asylum or refugee status, and the government has established a system for providing protection to refugees. The NGO Estonian Human Rights Center (EHRC) and other NGOs provided legal and social assistance to asylum seekers in cooperation with authorities. Government officials indicated that access to legal aid was available at every stage of the asylum procedure. The EHRC continued to raise concerns about the prolonged detention of asylum seekers during adjudication of cases.

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

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

Temporary Protection: The government provided temporary protection to individuals who may not qualify as refugees. The government granted temporary protection via residence permits to 10 individuals during the first seven months of the year.

STATELESS PERSONS

UNHCR categorized 85,301 persons as stateless as of the end of 2015. As of January 1, according to government statistics, there were 75,628 residents of undetermined citizenship, or 5.7 percent of the population. Nearly all were ethnic Russians, Ukrainians, or Belarusians. These persons are eligible to apply for naturalized citizenship, and some of them may hold Russian, Ukrainian or Belarusian citizenship.

There are statutory procedures that offer persons over the age of 18 opportunities for obtaining citizenship by naturalization, but some human rights observers regarded them as inadequate, and their rate of naturalization remained low. To facilitate acquisition of citizenship, authorities adopted such policies as funding civics and language courses and simplifying naturalization for persons with disabilities. The government also simplified the Estonian language requirements so that applicants older than 65 are no longer required to take a written language examination, although they still must pass an oral one. The government also provides citizenship, without any special application by the parents, to persons younger than 15 who were born in the country and whose parents were not citizens of Estonia or of any other country, and had lived in Estonia for five years at the time of the birth of the child.

Ethiopia

Section 2. Respect for Civil Liberties, Including:

Finland

Section 2. Respect for Civil Liberties, Including:

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

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

Abuse of Migrants, Refugees, and Stateless Persons: There were several reports of violence against asylum seekers. In January an asylum seeker at the Joutseno migrant reception center committed suicide while awaiting deportation, sparking protest among other residents at the converted prison facility. Right-wing extremist groups hostile to asylum seekers and immigrants, including the neo-Nazi Nordic Resistance Movement (NRM) and the vigilante group Soldiers of Odin, maintained an active presence both online and in street demonstrations.

PROTECTION OF REFUGEES

Refoulement: Lawyers specializing in asylum cases alleged the government deported asylum seekers to countries where they are likely to face persecution or torture, most notably Iraq and Afghanistan. In September the Immigration Service announced it would suspend deportations to Afghanistan following new guidance from UNHCR regarding safety conditions in the country.

Access to Asylum: The law provides for the granting of asylum or refugee status, and the government has established a system for providing protection to refugees. Parliament sets an annual quota for refugee admissions, and the government decides its allocation. Asylum seekers have the right to free legal representation throughout their application procedure. There were numerous reports by media and civil society organizations, including the president of the Supreme Administrative Court responsible for reviewing asylum decision appeals, that asylum seekers lacked adequate access to legal assistance during the initial stages of the asylum application process and during subsequent appeals.

Safe Country of Origin/Transit: The government adheres to the EU’s Dublin III Regulation that establishes which EU member state is responsible for examining the asylum application. The government does not, however, return asylum seekers to Greece or Hungary under the Dublin Regulation.

Employment: Asylum seekers who have valid travel documents, but do not yet have a valid residence permit, are allowed to begin working three months after they have submitted their asylum application. Asylum seekers who do not have valid travel documents must wait six months after they have submitted their asylum application before they can begin working.

Durable Solutions: According to UNHCR the government accepted 1,094 refugees for resettlement during 2017, a number similar to previous years. The government also assisted in the safe, voluntary return of migrants to their home countries. Between January and June, the Finnish Immigration Service and the International Organization for Migration helped more than 480 persons to return voluntarily to their homes in 29 different countries.

Temporary Protection: From January to May the government provided temporary protection to 191 individuals who did not qualify as refugees but who were deemed to qualify for subsidiary protection. From January to May, the government also offered protection to 209 individuals based on “other grounds,” including medical and compassionate grounds.

STATELESS PERSONS

According to UNHCR 2,749 stateless persons resided in the country at the end of 2017. Involuntarily stateless persons and certain other special groups, such as refugees, have a shorter residency requirement–four years instead of six–than other persons before they are eligible to apply for citizenship. A child may obtain citizenship from either the mother or father regardless of the place of birth and may also acquire citizenship if the child is born in the country and would otherwise be stateless.

Georgia

Section 2. Respect for Civil Liberties, Including:

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

The law provides for freedom of internal movement, foreign travel, emigration, and repatriation of citizens, but de facto authorities and Russian occupying forces limited this freedom in Abkhazia and South Ossetia.

The government cooperated with the UN High Commission for Refugees (UNHCR) and other humanitarian organizations in providing protection and assistance to IDPs, refugees, returning refugees, asylum seekers, stateless persons, and most other persons of concern. The Public Defender’s Office and NGOs, however, alleged that authorities made politically motivated decisions on asylum and other requests affecting selected Turkish and Azerbaijani citizens.

In-country Movement: There were substantial impediments to freedom of internal movement due to a lack of access to the breakaway regions of Abkhazia and South Ossetia. The majority of the approximately 300,000 IDPs from Abkhazia and South Ossetia wished to return to their areas of origin but lacked adequate security provisions and political, human, economic, and movement rights absent a political resolution to the conflicts.

Foreigners were restricted from moving in and out of South Ossetia but could access Abkhazia with approval from the de facto authorities. There were reports that late in the year citizens of Commonwealth of Independent States countries were prohibited from entering Abkhazia except from Russia, which violated Georgian law. This placed additional restrictions on international humanitarian access to Abkhazia. Crossing permits introduced by de facto South Ossetian authorities were the only document that allowed movement across the South Ossetia ABL to or from Tbilisi-administered territory (TAT).

Some residents of Abkhazia who used their Georgian passports had to obtain permission from de facto security services to cross the Abkhazia ABL to or from TAT. Georgian passport holders could cross a checkpoint if they possessed invitation letters cleared by the de facto state security services allowing them to enter Abkhazia. The latter did not consistently provide permission to cross and limited movement to specific areas. In August de facto authorities suddenly declared older Soviet-era passports, used by thousands of ethnic Georgians living in Abkhazia, to be no longer valid for crossing, threatening the livelihood of many residents. De facto authorities then blocked some ethnic Georgians who had used Soviet-era passports to cross into TAT from returning to Abkhazia. De facto authorities claimed that residents without valid crossing documents would be allowed to apply for residence permits, which would enable them to cross, but it remained unclear how these new regulations would be implemented.

Georgian law prohibits entry into and exit from the breakaway regions through the territory of neighboring states (i.e., Russia).

Russian and Abkhaz de facto authorities limited international organizations’ ability to operate in Abkhazia. Russian and South Ossetian de facto authorities limited international organizations, including humanitarian organizations, access to South Ossetia; however, the Co-Chairs of the Geneva International Discussions–representing the United Nations, the OSCE, and the EU Special Representative for the South Caucasus and the Crisis in Georgia–visited South Ossetia quarterly prior to each round of the discussions, accompanied by UNHCR. The ICRC office in Tskhinvali was the only international organization representation in South Ossetia.

De facto authorities and Russian forces in the Russian-occupied territories also restricted the movement of the local population across the ABL, although they showed flexibility for travel for medical care, pension services, religious services, and education. Villagers who approached the line or crossings risked detention by Russian Federation “border guards.” Russian border guards along the ABL with Abkhazia typically enforced the boundary-crossing rules imposed by de facto authorities through detentions and fines. Along the South Ossetia ABL, Russian border guards frequently transferred individuals to de facto authorities. The SSSG reported that detentions by de facto authorities typically lasted two to three days until the detainee paid “fines” set by the de facto “court,” although some sentences for “violations of the state border” carried considerably longer terms.

The European Union Monitoring Mission was aware of 14 individuals detained along the ABL with Abkhazia and 92 detained along the line with South Ossetia as of November. There were credible reports based on local sources that, on several occasions, local South Ossetian or Russian “border guards” crossed into government-controlled territory to detain an individual. There were also reports of arbitrary arrests of ethnic Georgians by de facto authorities, particularly in the Tskhinvali and Gali regions of South Ossetia and Abkhazia, respectively. Most often, the arrested individuals were accused of violating the “state border.” According to EUMM, many detainees were obliged to sign documents in Russian that they did not understand.

De facto authorities continued to expand fencing and other physical barriers along the ABL between the government-administered area and South Ossetia. This expansion of the Russian “borderization” policy further restricted movement, creating physical barriers and obstructing access to agricultural land, water supplies, and cemeteries. In November, Russian occupation forces in South Ossetia erected fencing along a one-kilometer line at the village of Atotsi, Kareli Municipality. Local residents reported they had already tilled and sowed the land that was then taken away, and they would not be able to reap the harvest.

In March 2017 Abkhaz de facto authorities closed two crossing points across the ABL, leaving crossing points open only at the Enguri Bridge and Saberio-Pakhulani. As access to government-administered territory became more restricted and visits to family and friends living across the ABL much more difficult to arrange, the closure of crossing points further impoverished and isolated the population in lower Gali and contributed to a growing sense of isolation. The closure also prevented children from attending classes in their native Georgian language across the ABL.

INTERNALLY DISPLACED PERSONS (IDPS)

As part of a broader consolidation plan, the government abolished the Ministry for Refugees, Accommodation, and Internally Displaced Persons in August, dividing the ministry’s responsibilities among the Ministries of Interior, Labor, Health, and Social Affairs, as well as the State Ministry for Reconciliation and Civic Equality. According to the government, as of August, there were approximately 280,000 IDPs from the 1992-93 and 2008 conflicts. UNHCR estimated 235,176 persons were in an “IDP-like” situation, some 50,000 of whom were in need of protection and humanitarian assistance. This number included individuals who have returned to Abkhazia and South Ossetia, as well as those displaced in the 2008 conflict who subsequently were relocated, or have obtained housing or cash compensation.

Most persons displaced in 2008 received formal IDP status in accordance with national legislation, although some individuals who were not displaced by the 2008 conflict and lived close to the ABL were officially described as being in an “IDP-like situation.” The government provided monthly allowances to persons recognized as IDPs, promoted their socioeconomic integration, and sought to create conditions for their return in safety and dignity.

Despite their 1994 agreement with Georgia, Russia, and UNHCR that called for the safe, secure, and voluntary return of IDPs who fled during the 1992-93 war, Abkhaz de facto authorities continued to prevent the return of those displaced by the war. Between 45,000 and 60,000 IDPs have returned since that time to the Gali, Ochamchire, and Tkvarcheli regions of lower Abkhazia, but Abkhaz de facto authorities refused to allow the return of IDPs to other regions. De facto authorities prevented IDPs living elsewhere in the country from reclaiming homes in Abkhazia, based on a “law” that expropriated all “abandoned property” from the 1992-93 war. IDPs who returned were allowed to sell but were barred from buying property.

Ethnic Georgians living in Abkhazia lacked fundamental rights and confronted onerous registration requirements that threatened their continued status. De facto authorities continued to pressure ethnic Georgians to acquire a “foreign residency permit,” which allows the holder to cross the ABL and remain in Abkhazia for a period of five years. An applicant must, however, accept the status of an alien (i.e., a Georgian living as a foreigner in Abkhazia), may not purchase property, may not transfer residency rights of property to children born in de facto controlled territory, may not vote, and must accept a lack of other basic rights. As of December 31, de facto authorities continued to allow ethnic Georgians to cross the ABL with “Form Number Nine,” an administrative pass that de facto authorities had previously threatened to discontinue.

PROTECTION OF REFUGEES

Access to Asylum: A 2017 law remained in effect guaranteeing access to international protection, including access to asylum or refugee status. NGOs, however, alleged that executive and judicial authorities made politically motivated decisions in response to asylum requests by some Turkish citizens and a number of Azerbaijani citizens.

The law distinguishes among three types of protection: a) refugee status (as per the 1951 Refugee Convention), b) protected humanitarian status (complementary protection), and c) temporary protection. In 2017, the government’s acceptance rate for granting refugee or humanitarian status was 18 percent. During the first six months of the year, the overall acceptance rate was 6.8 percent (25 were recognized as eligible for refugee or humanitarian status while 343 were rejected).

In February, authorities released on bail a Turkish citizen, Mustafa Emre Cabuk. The release followed a statement by the Parliamentary Assembly of the Council of Europe’s co-rapporteurs for Georgia questioning the use of pretrial detention for asylum seekers and urging that asylum requests “should be based only on humanitarian and human rights law, including the European Convention on Human Rights, whose requirements should be fully applied.” In July 2017, the government had denied asylum Cabuk and his family after it detained him following a Turkish government extradition request, which accused him of being a member of a terrorist organization.

The Public Defender’s Office and local and international NGOs continued to raise concerns about the government’s refusal to grant asylum, other protected status, or residency permits to a number of Azerbaijani journalists and activists. The NGOs claimed the individuals were politically persecuted in Azerbaijan and accused the Georgian government of rejecting the asylum and residence permit requests despite continued pressure against activists by the Azerbaijani government. The NGOs reported the government based its refusal of asylum and residence permits on national security interests without giving clear reasons or citing relevant legislation. In 2017 three NGOs reported that Azerbaijani dissidents no longer viewed the country as a safe haven.

The Public Defender’s Office reported it found several unreasonable instances of refusal to grant citizenship, asylum/refugee status, and residency permits to foreigners on national security grounds after reviewing the government’s confidential considerations in some cases.

Employment: Asylum seekers (from the start of the asylum procedure) and persons under international protection have legal access to the labor market. Foreigners, including persons under international protection, can register at the “Worknet” state program for vocational training and skills development.

Access to Basic Services: The government provided limited assistance to persons with protected status. In 2017 the government opened an integration center to provide structured integration programs for such persons. The country’s reception center had adequate services for asylum seekers and had capacity for approximately 150 persons.

The law enables refugees and asylum seekers to receive a temporary residence permit during the entirety of their asylum procedure as well as documentation necessary to open a bank account and register a business or property. Refugees receive a renewable temporary residence permit for three years, while protected humanitarian status holders receive a permit for one year, renewable upon a positive assessment of the need for continued protection. Access to education remained a problem due to the language barrier, notwithstanding the government’s provision of Georgian language classes.

Durable Solutions: The government offered a path to naturalization for refugees residing on its territory. The naturalization process began in 2009, when there were 1,200 Chechen refugees in Pankisi. As of November, 58 percent (699) applied for citizenship. Out of these applications, the government naturalized 78 percent (545) and rejected 22 percent (154). Approximately 17.5 percent (211) of the initial refugee population remained in Pankisi and had yet to be naturalized, including several whose applications authorities rejected because they failed to pass the required language and history tests. Authorities purportedly denied others naturalization based on national security concerns.

Temporary Protection: The law provided for avenues to temporary protection to individuals who may not qualify as refugees. The law provided temporary residence permits, but these permits are not a form of international protection per se in the meaning of refugee law. The Ministry of Internal Affairs may grant these temporary permits to individuals who meet the criteria for refugee status or humanitarian protection, but who were rejected on national security grounds. From January to June, 433 persons applied for asylum and authorities granted humanitarian status to three percent (13). In the first six months of 2017, 379 individuals applied for asylum and authorities granted humanitarian status to six percent (22).

STATELESS PERSONS

According to government statistics, as of October, authorities granted 22 percent of the year’s applications for stateless status (eight out of 32).

The law defines a stateless person in line with the 1954 UN Convention relating to the Status of Stateless Persons and lists specific rights and responsibilities of stateless persons. The law provides that an adult can be granted citizenship if he or she has permanently resided on the country’s territory during the previous five years; knows the state language; is familiar with the country’s history and laws and able to pass the relevant tests; and has a job or owns real estate on the country’s territory, conducts business, or owns shares in a Georgian company or industry. In exceptional cases, the president may grant citizenship to individuals who do not satisfy these requirements.

Ghana

Section 2. Respect for Civil Liberties, Including:

Greece

Section 2. Respect for Civil Liberties, Including:

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

The constitution and law provide for freedom of internal movement, foreign travel, emigration, and repatriation, and the government generally respected these rights. The government cooperated with UNHCR, the International Organization for Migration (IOM), and other humanitarian organizations in providing protection and assistance to refugees, asylum seekers, and other persons of concern.

Abuse of Migrants, Refugees, and Stateless Persons: According to a wide range of credible sources, including international organizations and NGOs, authorities did not always provide adequate security or physical protection to migrants and asylum seekers, particularly those residing in RICs. The RVRN recorded 34 incidents involving racially motivated verbal and physical violence against refugees and migrants in 2017. (See also section 6, “National/Racial/Ethnic Minorities.”)

Separation and protection of vulnerable groups was not implemented at some sites. Credible reports described several incidents of violence involving asylum seekers, including fistfights, stabbings, and gender-based violence. The International Rescue Committee assessed that more than 70 individuals were sexually abused at the RIC in Moria from March to October. Several incidents of gender-based violence, including domestic violence, sexual harassment, and rape, were also recorded in organized facilities on the mainland. Doctors without Borders reported that two victims of sexual abuse in the Moria RIC were under five years of age.

Media reported on April 28 that police arrested a refugee residing at a reception facility in Serres, northern Greece, after his 15-year-old daughter accused him of repeated rape.

On November 9, authorities arrested a male refugee in Agia Eleni camp in northern Greece on charges of sexually abusing a three-year-old boy inside the camp.

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

NGOs noted inadequate psychological care for refugees and asylum seekers, especially in the six RICs. Doctors without Borders reported that 25 percent of the children they worked with in Moria RIC on Lesvos island from February to June had either self-harmed, attempted suicide, or had thought about committing suicide.

PROTECTION OF REFUGEES

During the year the flow of migrants and asylum seekers to the country from Africa, Asia, and the Middle East continued. As of October 31, UNHCR figures indicated 67,100 migrants and asylum seekers resided throughout the country.

Refoulement: The government provided some protection against the expulsion or return of refugees to countries in which their lives or freedom would be threatened due to race, religion, nationality, membership in a particular social group, or political opinion. In February the NGO Greek Council for Refugees (GCR) published a compilation of testimonies of migrants and refugees who claimed they had been forcibly returned to Turkey despite their desire to claim asylum. On February 25, a GCR lawyer and coordinator of the GCR legal team who had previously served as secretary general for migration argued in an opinion article in a local newspaper that allegations of refoulement were not being properly investigated despite appeals by UNHCR, the Council of Europe human rights commissioner, and other organizations. On May 3, GCR accused the government “of a systematic tactic of irregular forced returns in the Evros region, in violation of international law.” Government officials denied any authorized unlawful returns.

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

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

On July 18, media reported the case of a Guinean national who was deported prior to having the chance to appeal the initial denial of asylum. His attorneys claimed that even though they communicated the applicant’s intent to file an appeal, authorities deported the applicant without prior notification. The government did not issue a public response.

Human rights activists and NGOs working with asylum applicants reported long waits for asylum appeals decisions due to time-consuming processes, gaps in the payment of certified interpreters, backlogs in the appeals process, and a limited number of appeals committees. On May 22, parliament passed new legislation to accelerate the examination of asylum requests by reducing gaps in interpreter payments and introducing additional and more flexible means of communication between applicants and authorities. Despite changes in the law, structural problems in the asylum process continued to exist.

Asylum applicants from countries other than Syria complained that their asylum applications were delayed while Syrian applications were prioritized. Many asylum seekers also complained about difficulty scheduling an appointment and connecting with the Asylum Service system via Skype. NGOs, international organizations, and human rights activists reiterated concerns related to the asylum system, including the lack of adequate staff and facilities; difficulties in registering claims; questions about the expedited nature and thoroughness of the examination of initial claims and appeals; insufficient welfare, integration, counseling, legal, and interpretation services; discrimination; and detention under often inadequate and overcrowded conditions inside the RICs.

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

According to a 2016 agreement between the EU and Turkey, every undocumented migrant crossing from Turkey into the Greek islands would be confined to an RIC for up to 25 days, during which time the individual would have the opportunity to apply for asylum in Greece. Individuals opting not to apply for asylum or whose applications were deemed unfounded or inadmissible would be returned to Turkey under the terms of the agreement.

Freedom of Movement: Undocumented migrants arriving at Greek islands were subjected to special border reception and registration procedures, and were not allowed to leave accommodation centers for up to 25 days. After this period undocumented migrants remaining in those facilities were generally allowed to enter and exit but were prohibited from travelling to the mainland unless they filed asylum applications deemed admissible by the asylum authorities or were deemed “vulnerable.” Once asylum applications were filed, found admissible, and in process, migrants could move to an accommodation center on the mainland, space permitting. There was no restriction on movement in or out of the mainland accommodation centers.

On April 24, 21 local and international NGOs issued a statement condemning the government’s practice of confining migrants and asylum seekers to certain “hotspot” islands for initial processing.

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

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

Access to Basic Services: Legally, services such as shelter, health care, education, and judicial procedures were granted to asylum seekers in possession of a valid residency permit; however, staffing gaps, lack of interpreters, and overcrowded migrant sites limited certain asylum seekers’ access to these services. Legal assistance was limited and was usually offered via NGOs, international organizations, and volunteer lawyers and bar associations.

RICs on islands and in the Evros region continued to be overcrowded with inadequate shelter, healthcare, wash facilities, and sewer connections, creating security and health concerns. Housing conditions at reception facilities elsewhere on the mainland were generally better. The general rapporteur of the Parliamentary Assembly of the Council of Europe (PACE) Committee on Migration, Refugees and Displaced Persons visited Athens, Kavala, Drama, and Lesvos from July 10-12. The rapporteur found that in contrast to the acceptable accommodation centers in Kavala and Drama, Lesvos RIC conditions “continued to be appalling,” with persons suffering from “severely overcrowded accommodation facilities.”

Unaccompanied minors living in “protective custody” in police stations had limited or no access to health care or medical services. (See section 1, Prison and Detention Center Conditions, Physical Conditions.)

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

Administrative and facility management staff in reception centers were usually permanent state employees, eight-month government-contracted personnel, and NGO and international organization-contracted staff. Media reported cases, especially in the islands, in which assigned staff was inadequate or improperly trained.

Everyone in the country is entitled to emergency medical care regardless of legal status. Medical volunteers, NGO-contracted doctors, the Hellenic Center for Disease Control and Prevention (KEELPNO), and army medical doctors provided basic health care in reception centers, referring emergencies and complex cases to local hospitals, which were often overburdened and understaffed. Some individuals suffering from chronic diseases continued to face problems with obtaining proper medication. According to a July 27 HRW report, pregnant women in Evros reception and detention facilities had no access to proper medical and prenatal care.

Domestic and international NGOs continued to criticize authorities for failing to identify asylum seekers with nonvisible vulnerabilities, such as victims of torture. In a 2018 annual review, HRW noted that authorities’ failure to properly identify vulnerable asylum seekers for transfer to the mainland had “impeded their access to proper care and services.” HRW argued that official policies, living conditions, and the uncertainty of the slow asylum claim decision-making process contributed to deteriorating mental health for some asylum seekers and other migrants on the islands.

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

Temporary Protection: As of June 30, the government provided temporary protection to approximately 1,102 individuals who may not qualify as refugees.

Guatemala

Section 2. Respect for Civil Liberties, Including:

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.

An immigration law in effect since 2017 overhauled the country’s migration system and defined the term “refugee” as well as listing refugees’ rights in accordance with international instruments. The preparation of regulations to implement the law, including on the refugee application process and refugee rights, was underway at year’s end. Government agencies made limited progress in implementing the Protection Council mandated by the new migration code, which would support the protection, reception, and reintegration of returned children.

The government cooperated with the Office of the UN High Commissioner for Refugees (UNHCR) and other humanitarian organizations in providing protection and assistance to refugees, returning refugees, asylum seekers, stateless persons, or other persons of concern, including during the mid-October surge of Central American migrants that passed through the country.

INTERNALLY DISPLACED PERSONS (IDPS)

The country does not have laws in place to protect IDPs in line with the UN Guiding Principles on Internal Displacement. UNHCR expressed concern regarding violence against IDPs and strengthened its efforts to monitor the problem and provide assistance to the displaced. The country does not officially recognize the existence of IDPs within its borders, with the exception of those displaced by climate change and natural disasters. The Inter-American Commission on Human Rights characterized as IDPs 400 farmers the government evicted from the Maya Biosphere Reserve in 2017. Media and civil society groups reported the evictees did not receive government assistance in a timely manner.

PROTECTION OF REFUGEES

Access to Asylum: The laws provide for the granting of asylum or refugee status, and the government has established a system for providing protection to refugees. UNHCR, however, reported that identification and referral mechanisms for potential asylum seekers were inadequate. Both migration and police authorities lacked adequate training concerning the rules for establishing refugee status.

Access to Basic Services: UNHCR reported access to education for refugees was challenging due to the country’s onerous requirements for access to formal education, including documentation from the country of origin.

Guyana

Section 2. Respect for Civil Liberties, Including:

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

The law provides for freedom of internal movement, foreign travel, emigration, and repatriation, and the government generally respected these rights. The government cooperated with the Office of the UN High Commissioner for Refugees (UNHCR) and other humanitarian organizations in providing protection and assistance to internally displaced persons, refugees, returning refugees, asylum seekers, stateless persons, or other persons of concern.

Abuse of Migrants, Refugees, and Stateless Persons: NGOs reported some displaced Venezuelan women experienced rights violations, including sexual exploitation, by government officials. NGOs also reported displaced Venezuelans received a lower standard of health and social care, but the government denied these reports.

In-country Movement: The law requires that local village councils grant permission in advance for travel to indigenous areas, but most individuals traveled in these areas without a permit.

PROTECTION OF REFUGEES

Access to Asylum: The law does not provide for protection of asylum seekers. Although the government is not a signatory to the 1951 Convention on Refugees, the government reported that it did not prosecute or deport Venezuelans seeking refuge. In the absence of national legislation and requisite government capacity, UNHCR assumed the main responsibility for determination of refugee status.

Honduras

Section 2. Respect for Civil Liberties, Including:

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

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

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

Abuse of Migrants, Refugees, and Stateless Persons: Transiting migrants were vulnerable to abuse by criminal organizations.

In-country Movement: There were areas where authorities could not assure freedom of movement because of criminal activity and a lack of significant government presence.

INTERNALLY DISPLACED PERSONS (IDPS)

In 2017 the Internal Displacement Monitoring Center estimated there were approximately 190,000 IDPs in the country. In 2017 the National Human Rights Commission identified 339 cases of forced displacement and 349 cases of individuals at risk of forced displacement. Internal displacement was generally caused by violence, national and transnational gang activity, and human trafficking. Official data on forced internal displacement was limited in part because gangs controlled many of the neighborhoods that were sources of internal displacement (see section 6, Displaced Children).

The government maintained the Interinstitutional Commission for the Protection of People Displaced by Violence, and within the newly created Ministry of Human Rights, the government created the Directorate for the Protection of Persons Internally Displaced by Violence. Both the ministry and the commission focused on developing policies to address IDPs. Following up on the Comprehensive Refugee Response Framework conference that the government hosted in October 2017, the participants, including governments from across the region, agreed to the Regional Integral Framework for Protection and Solutions. Under the framework the government pledged to strengthen its capacity to provide services to key population groups, including refugees and returned migrants, through 14 commitments and 28 specific actions between 2018 and 2020.

PROTECTION OF REFUGEES

The government cooperated with UNHCR and other humanitarian organizations to provide protection and assistance to refugees and other persons of concern.

Access to Asylum: The law allows for the granting of asylum or refugee status. The government has established a system to provide protection to refugees, but at times there were significant delays in processing provisional permits for asylum applicants.

Ireland

Section 2. Respect for Civil Liberties, Including:

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

The constitution and law provide for freedom of internal movement, foreign travel, emigration, and repatriation, and the government generally respected these rights. The government cooperated with the Office of the UN High Commissioner for Refugees (UNHCR), the International Organization for Migration, and other humanitarian organizations in providing protection and assistance to refugees, asylum seekers, stateless persons, and other persons of concern.

PROTECTION OF REFUGEES

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

NGOs and the UN Human Rights Committee expressed concern over the length and complexity of the application and appeal processes. In 2017 the average length of stay in “direct provision,” a system that includes housing, meals, a weekly cash allowance, and access to health care for asylum seekers, was 23 months.

Safe Country of Origin/Transit: The country generally follows the EU’s Dublin III Regulation, which permits the return of asylum applicants to the EU member state of original entry for adjudication of asylum claims. In 2015 the government agreed to participate in an EU decision to distribute asylum seekers to various countries from Greece and Italy within the EU without regard to the Dublin III provisions.

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

Access to Basic Services: The country employs a system called “direct provision” that includes housing, meals, a weekly cash allowance, and access to health care for asylum seekers. Children have access to education. As of December 2017, 72 percent of asylum seekers remained in the government-run support system for less than three years, compared with 71 percent in December 2016 and 36 percent in December 2015. NGOs, including the Irish Refugee Council as well as the national ombudsman, and the UN Human Rights Committee expressed concern about the effects of the direct provision system, specifically noting that the prolonged accommodation of asylum seekers (an average of five years and more than seven years for 20 percent of residents) had detrimental effects.

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

Temporary Protection: The government also provided temporary protection (subsidiary protection) to individuals who may not qualify as refugees and, according to Eurostat, granted such protection to 50 persons in 2017. In the same year, it also granted humanitarian protection to 70 other persons. Such individuals were entitled to temporary residence permits, travel documents, access to employment, health care, and housing. The government did not make determinations on subsidiary protection status at the same time as determining asylum status. This caused delays, as a separate determination on subsidiary protection could take from several months to more than a year to complete.

Jamaica

Section 2. Respect for Civil Liberties, Including:

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

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

The government cooperated with the Office of the UN High Commissioner for Refugees and other humanitarian organizations in providing protection and assistance to internally displaced persons, refugees, returning refugees, asylum seekers, stateless persons, or other persons of concern.

PROTECTION OF REFUGEES

Access to Asylum: The law does not provide for the granting of asylum or refugee status, and the government has not established a system for providing protection to refugees. The government handles each potential asylum seeker administratively on an individual basis. The government can grant a form of limited status to those with citizenship in a commonwealth country.

Kazakhstan

Section 2. Respect for Civil Liberties, Including:

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

The law provides for freedom of internal movement, foreign travel, emigration, and repatriation. Despite some regulatory restrictions, the government generally respected these rights. The government cooperated with the Office of the UN High Commissioner for Refugees (UNHCR) and other humanitarian organizations to provide protection and assistance to internally displaced persons, refugees, returning refugees, asylum seekers, stateless persons, and other persons of concern.

Abuse of Migrants, Refugees, and Stateless Persons: Human rights activists noted numerous violations of labor migrants’ rights, particularly those of unregulated migrants. The UN International Organization for Migration (IOM) noted a growing number of migrants who were banned re-entry to Russia and chose to stay in Kazakhstan. The government does not have a mechanism for integration of migrants, with the exception of ethnic Kazakh repatriates (oralman). Labor migrants from neighboring Central Asian countries are often low-skilled and seek manual labor. They were exposed to dangerous work and often faced abusive practices. The migrants are in vulnerable positions because of their unregulated legal status; the laborers do not know their rights, national labor and migration legislation, local culture, or the language.

Among major violations of these migrants’ rights, activists mentioned the lack of employment contracts, poor working conditions, long working hours, low salaries, nonpayment or delayed payment of salaries, and lack of adequate housing. Migrant workers faced the risk of falling victim to human trafficking and forced labor, and the International Labor Organization indicated migrants had very limited or no access to the justice system, social support, or basic health services. In its 2018 report the International Federation for Human Rights stated violations of labor migrants’ rights additionally included corruption of police forces’ migration officers and in other government offices. The report noted increased discrimination against migrants in society, exacerbated by their lack of information, education, and language difficulties.

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

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

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

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

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

PROTECTION OF REFUGEES

The government cooperated with UNHCR and other organizations to provide protection and assistance to refugees from countries where their lives or freedom would be threatened on account of their race, religion, nationality, membership in a particular social group, or political opinion. There are approximately 600 recognized refugees in the country, and the government recognized six persons as refugees during the first nine months of the year. Both the number of refugee applications and the approval rate by the government declined considerably during the year compared with prior years.

Access to Asylum: The law provides for the granting of asylum or refugee status, and the government has established a system for providing protection to refugees. UNHCR legally may appeal to the government and intervene on behalf of individuals facing deportation. The law and several implementing regulations and bylaws regulate the granting of asylum and refugee status.

The Refugee Status Determination outlines procedures and access to government services, including the right to be legally registered and issued official documents. The Department of Migration Police in the Ministry of Internal Affairs conducts status determination procedures. Any individual seeking asylum in the country has access to the asylum procedure. According to UNHCR, the refugee system suffers from two major issues. First, access to the territory of Kazakhstan is limited. A person who crosses the border illegally may be prosecuted in criminal court, and may be viewed as a person with criminal potential. Second, access to asylum procedures falls short of the international standard. Authorities remain reluctant to accept asylum applications at the border from persons who lack valid identity documents, citing security concerns.

A legislative framework does not exist to manage the movement of asylum seekers between the country’s borders and authorities in other areas. There are no reception facilities for asylum seekers. The government does not provide accommodation, allowances, or any social benefits to asylum seekers. The law does not provide for differentiated procedures for persons with specific needs, such as separated children and persons with disabilities. Asylum seekers and refugees with specific needs are not entitled to financial or medical assistance. There are no guidelines for handling sensitive cases, including lesbian, gay, bisexual, transgender, and intersex (LGBTI) cases.

Employment: Refugees faced difficulties in gaining employment and social assistance from the government. By law refugees have the right to work, with the exception of engaging in individual entrepreneurship. Refugees faced difficulties in accessing the labor market due to local employers’ lack of awareness of refugee rights.

Access to Basic Services: All refugees recognized by the government receive a refugee certificate that allows them to stay in the country legally. The majority of refugees have been residing in the country for many years. Their status as “temporarily residing aliens” hinders their access to the full range of rights stipulated in the 1951 convention and the law. Refugee status lasts for one year and is subject to annual renewal. This year, it became possible for refugees to apply for permanent residency provided that they have a valid passport. Some refugees have already received permanent residency this year, and they are to be eligible to become Kazakhstani citizens after five years. The law also lacks provisions on treatment of asylum seekers and refugees with specific needs. Refugees have access to education and health care on the same basis as citizens, but have no access to social benefits or allowances.

UNHCR reported cordial relations with the government in assisting refugees and asylum seekers. The government usually allowed UNHCR access to detained foreigners to provide for proper treatment and fair determination of status.

The government was generally tolerant in its treatment of local refugee populations.

Consistent with the Minsk Convention on Migration within the Commonwealth of Independent States (CIS), the government did not recognize Chechens as refugees. Chechens are eligible for temporary legal resident status for up to 180 days, as are any other CIS citizens. This temporary registration is renewable, but local migration officials may exercise discretion over the renewal process.

The government has an agreement with China not to tolerate the presence of ethnic separatists from one country on the territory of the other. UNHCR reported three Uighurs received refugee status during the first nine months of the year.

STATELESS PERSONS

The constitution and law provide avenues to deal with those considered stateless, and the government generally took seriously its obligation to ease the burden of statelessness within the country. As of September approximately 6,900 persons were officially registered by the government as stateless. The majority of individuals residing in the country with undetermined nationality, with de facto statelessness, or at heightened risk of statelessness are primarily those who have no identity documents, have invalid identity documents from a neighboring CIS country, or are holders of Soviet-era passports. These individuals typically resided in remote areas without obtaining official documentation.

In July 2017 the president signed a law that allows the government to deprive Kazakhstani citizenship to individuals convicted of a range of grave terrorism and extremism-related crimes, including for “harming the interest of the state.” According to UNHCR, no one has yet been deprived of citizenship under this law.

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

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

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

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

Latvia

Section 2. Respect for Civil Liberties, Including:

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

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

PROTECTION OF REFUGEES

Access to Asylum: The law provides for the granting of asylum or refugee status, and the government has established a system to provide protection to refugees.

Safe Country of Origin/Transit: The country adheres to the EU’s Dublin III Regulation, which permits authorities to return asylum seekers to their country of first entry into the EU if they arrive from other EU member states, except in cases involving family reunification or other humanitarian considerations.

Durable Solutions: Some observers expressed concern that the government did not take sufficient steps to integrate asylum seekers who had been granted refugee status in the country. Refugee benefits fell well below the country’s poverty line.

Temporary Protection: In the first six months of the year, the government also provided subsidiary protection status to approximately 22 individuals who may not qualify as refugees.

STATELESS PERSONS

According to UNHCR, 233,571 stateless persons were in the country at the end of 2017. As of the beginning of the year, the Central Statistical Bureau (CSB) listed 214,206 persons as “noncitizen residents,” and the Office of Citizenship and Migration Affairs listed 176 persons as stateless. Noncitizen residents accounted for approximately 11 percent of the population. Although UNHCR included most of the country’s noncitizen population in the stateless category, the government preferred to designate this population as noncitizen residents, since they were eligible to naturalize under the law. The government recognized as stateless only those persons with no claim to foreign citizenship or noncitizen resident status.

Persons categorized by authorities as stateless may pursue citizenship through naturalization after obtaining a permanent residence permit and lawfully residing in the country for five years. According to the law, a child born to noncitizen residents in the country is automatically granted citizenship if requested by at least one parent.

Noncitizen residents, mostly persons of Slavic origin who moved to the country during the Soviet occupation and their descendants, did not automatically become citizens when the country regained independence in 1991. They have permanent residence status, equal protection in the country and consular protection abroad, the right to leave and return to the country, and the right to all government social benefits. They also have employment rights, except in some government and private-sector positions related to the legal system, law enforcement, and national security. Noncitizens may not vote in local or national elections and may not organize a political party without the participation of at least an equal number of citizens.

The law also establishes conditions whereby members of the noncitizen resident population can obtain citizenship, although the rate of application for citizenship by noncitizen residents remained low. Through July, authorities received 589 naturalization applications. In public surveys of noncitizen residents, the majority of respondents who did not seek naturalization reported that, in addition to language barriers, their reasons for not doing so included political objections to the requirement and their understanding that Latvian citizenship was not necessary for them to travel to Russia and EU-member states.

Libya

Section 2. Respect for Civil Liberties, Including:

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

The Constitutional Declaration recognizes freedom of movement, including foreign travel, emigration, and repatriation, although the government has the ability to restrict freedom of movement. The law provides the government with the power to restrict a person’s movement if it views that person as a “threat to public security or stability,” based on the person’s “previous actions or affiliation with an official or unofficial apparatus or tool of the former regime.”

Abuse of Migrants, Refugees, and Stateless Persons: According to UNHCR migrants were subjected to unlawful killings, arbitrary detention, including in nongovernmental detention centers (see section 1.d.), torture, sexual exploitation, and other abuses. Conditions in detention included severe overcrowding, insufficient access to toilets and washing facilities, malnourishment, and lack of potable water.

Women migrants faced especially difficult conditions, and international organizations received consistent reports of rape and other sexual violence.

Instability in the country and lack of government oversight made human trafficking profitable. Armed groups, criminal gangs, and terrorist organizations were involved in human smuggling activities.

Numerous media reports during the year suggested that traffickers had caused the death of migrants. In July Al-Jazeera reported that eight migrants, including six children, were found dead after suffocating from gas exhaust while packed into a truck container on the western coast near Zuwara. Another 90 migrants were injured and taken to a hospital for treatment.

Migrants were also exploited for forced labor and suffered extortion at the hands of smugglers, traffickers, and the personnel of GNA institutions and GNA-aligned armed groups running GNA facilities. International organizations reported many cases of migrants’ disappearance due in part to the practice of selling migrants to human traffickers.

In November 2017 the government set up an ad hoc investigative committee, under the auspices of the Anti-Illegal Immigration Authority, to investigate reports of migrants sold into slavery; however, as of year’s end, the committee had made no indictments.

In June the UN Security Council and a western government imposed international and domestic sanctions against six persons, four Libyans and two Eritreans; Fitiwi Abdelrazak, Ahmad Oumar al-Dabbashi, Ermias Ghermay, Mohammed Kachlaf, Abd al-Rahman al-Milad, and Mus’ab Abu Qarin, for involvement in the trafficking and smuggling of migrants in Libya. The GNA was supportive of the sanctions and took independent action in response to the levying of these sanctions during the year, including public statements of condemnation against the trafficking and smuggling of migrants and in support of human rights.

In January the GNA launched an investigation into trafficking in persons and the abuse of migrants and refugees and vowed to bring the perpetrators to justice. During the year the GNA authorized UNHCR, the IOM, and other international agencies to open offices in the country, assist refugees and migrants, repatriate those who wished to return to their home countries, and access detention centers in areas controlled by the GNA. These international organizations encouraged the GNA to adopt a system for registering the arrivals of migrants in Libya; of the hundreds of thousands of illegal migrants in Libya, only a few thousand have been registered.

There were approximately 20 official detention centers operational during the year. At year’s end 6-8,000 refugees and migrants were housed in centers under the auspices of the GNA Ministry of Interior’s Department for Combatting Irregular Migration.

According to IOM the number of migrants who arrived in Europe via Libya during the first half of the year decreased significantly from the equivalent period in 2017, from approximately 85,000 to 16,700 individuals. Over 1,000 migrants died attempting to make the crossing via the central Mediterranean route during this period. Conditions on vessels departing for Europe were poor, and human smugglers abandoned many migrants in international waters with insufficient food and water. Boats were heavily over-loaded, and there was a high risk of sinking. The number of migrants rescued or intercepted by the Libyan Coast Guard, while still in the country’s territorial waters, greatly increased during the year. There were reports of physical abuse of refugees by the Coast Guard, including beatings with whips and chains.

In-country Movement: The GNA did not exercise control over internal movement in western Libya, although GNA-aligned armed groups set up some checkpoints. The LNA established checkpoints around Benghazi and Derna and in the south to intercept members of extremist organizations. These checkpoints were occasional targets of attacks by terrorist organizations. There were reports that armed groups controlling airports within the country conducted checks on citizens wanting to travel to other areas within the country or abroad since Libya lacked a unified customs and immigration system.

Armed groups controlled movement within their territories through checkpoints. These checkpoints and those imposed by ISIS, AQIM, and other terrorist organizations impeded internal movement and, in some areas, prohibited women from moving freely without a male escort.

There were multiple reports of women who could not depart from the country’s western airports controlled by GNA-aligned militias because they did not have “male guardians,” which is not a legal requirement in the country.

Citizenship: The Qadhafi regime revoked the citizenship of some inhabitants of the Saharan interior of the country, including many Tebu and some Tuareg minorities, after the regime returned the Aouzou strip to Chad. As a result many nomadic and settled stateless persons lived in the country. Additionally, due to a lack of state control of the southern borders, a large number of irregular migrants of Tebu background entered the country, some of whom reportedly applied for and obtained documents attesting to nationality, including national identification numbers.

The Nationality Law states that citizens may lose citizenship if they obtain a foreign citizenship without receiving permission beforehand from authorities. Authorities have not established processes for obtaining permission, however. Authorities may revoke citizenship if obtained based on false information, forged documents, and withheld relevant information concerning one’s nationality. The state lacked the capacity, however, to investigate the authenticity of citizenship applications.

If a father’s citizenship is revoked, the citizenship of his children is also revoked. The law does not specify if only minor children are susceptible to losing their nationality in this way or if loss of nationality would apply to adult children as well.

INTERNALLY DISPLACED PERSONS (IDPS)

Limited access for local and international assistance organizations into areas affected by fighting between rival armed groups and to official and unofficial detention centers within the country hampered efforts to account for and assist the displaced.

In September IOM and UNHCR estimated there were 192,000 IDPs in the country. Most of the citizens displaced were from Sirte or Benghazi; however, due to tribal violence in the south, displacement in Sabha and neighboring southern towns increased during the year. More than 30,000 members of the Tawerghan community remained displaced, the largest single IDP population; however, in August the GNA provided support that allowed several hundred Tawerghan families to return to their hometown. These efforts followed a reconciliation agreement between representatives of Tawergha and the city of Misrata that aimed to end ongoing violence between the two communities dating to 2011; however, delays in implementation of the agreement, which provided for safe return for all Tawerghan IDPs to the town of Tawergha, have prevented some members of the community from returning.

IOM identified more than 19,000 persons who were internally displaced during clashes in Tripoli in late August and early September.

IDPs were vulnerable to abuses. The government struggled to facilitate the safe, voluntary return of IDPs to their place of origin. Due to the lack of adequate laws, policies, or government programs, international organizations and NGOs assisted IDPs to the extent possible in the form of cash payments and provision of health services to IDPs, including to those with disabilities.

PROTECTION OF REFUGEES

Access to Asylum: The country is not party to the 1951 Refugee Convention or its 1967 protocol, although the Constitutional Declaration recognizes the right of asylum and forbids forcible repatriation of asylum seekers. The GNA did not establish a system for protecting refugees or asylum seekers. Absent an asylum system, authorities could detain and deport asylum seekers without their having the opportunity to request asylum. UNHCR, IOM, and other international agencies operated within the country and were allowed to assist refugees and immigrants and repatriate those who wish to return to their countries. UNHCR monitored and publicly reported on the situation of refugees and migrants in the country, including those detained in GNA detention centers. On December 4, UNHCR, in coordination with Libyan authorities, evacuated 133 refugees from Libya to Niger. The GNA allowed only seven nationalities to register as refugees with UNHCR: Syrians, Palestinians, Iraqis, Somalis, Sudanese (Darfuris), Ethiopians (Oromo), Eritreans, Yemenis, and South Sudanese. The GNA did not legally recognize asylum seekers without documentation as a class distinct from migrants without residency permits. The GNA cooperated with the refugee task force formed by the African Union, EU, and the United Nations.

In July 2017 Libyan authorities proposed that UNHCR rehabilitate an abandoned facility in the Tarek Al Sika area in Tripoli to accommodate persons of concern temporarily. UNHCR completed rehabilitation on July 19, and the center has a capacity of 1,000 persons. Although UNHCR planned to begin receiving refugees at this Gathering and Departure Facility in August, armed clashes in Tripoli postponed its opening until December.

Safe Country of Origin/Transit: IOM estimated that the overall number of migrants in Libya grew 70 percent from an estimated 400,000 in August 2017 to approximately 680,000 by September. The majority of migrants came from Niger, Egypt, Chad, Ghana, and Sudan. UNHCR has registered approximately 55,600 refugees and asylum seekers in the country since 2011.

During the year UNHCR, ICRC, and IOM provided basic services directly and through local implementing partners to refugees and asylum seekers. Despite security challenges humanitarian organizations enjoyed relatively good access, with the exception of the coastal city of Derna and the Fezzan region in the south.

Sub-Saharan Africans reportedly entered the country illegally through unguarded southern borders. Treatment of detained migrants depended upon their country of origin and the offense for which authorities held them. Migrants and refugees faced abduction, extortion, violent crime, and other abuses, exacerbated by entrenched racism and xenophobia. GNA-aligned and nonstate armed groups held refugees and asylum seekers in detention centers alongside criminals or in separate detention centers under conditions that did not meet international standards.

Access to Basic Services: Refugees registered with UNHCR may access basic protection and assistance from UNHCR and its partners; however, during the year the GNA did not provide refugees universal access to healthcare, education, or other services given the limitations of its health and education infrastructure.

STATELESS PERSONS

By law children derive citizenship only from a citizen father. Children born to a citizen father and a noncitizen mother are automatically considered citizens even if they were born abroad. Citizen mothers alone were unable to transmit citizenship to their children, but there are naturalization provisions for noncitizens. The law permits female nationals to confer nationality to their children in certain circumstances, such as when fathers are unknown, stateless, of unknown nationality, or do not establish paternity. In instances where the father is a noncitizen, the children produced from that union are effectively stateless and banned from travel abroad and certain educational opportunities. Without citizenship stateless persons are unable to obtain legal employment.

Due to the lack of international monitoring and governmental capacity, there was no credible data on the number of stateless persons.

Lithuania

Section 2. Respect for Civil Liberties, Including:

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

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

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

PROTECTION OF REFUGEES

Access to Asylum: The law provides for the granting of asylum or refugee status, and the government has established a system for providing protection to refugees.

Safe Country of Origin/Transit: In compliance with the EU’s Dublin III Regulation, authorities barred asylum seekers arriving from safe countries of origin or transit and returned them to such countries without reviewing the substantive merits of their applications. The government’s participation in the EU’s efforts to address high levels of migration into Europe was an exception to this policy.

Durable Solutions: Since 2015, 468 refugees entered the country under the EU’s relocation program, of whom 338 subsequently left the country for other EU states.

Temporary Protection: The government may grant “temporary protection” to groups of persons. Authorities may also grant “subsidiary protection” to individuals who may not qualify as refugees. During the first half of the year, the government provided “temporary protection” to six persons.

STATELESS PERSONS

According to UNHCR as of May, 3,320 stateless persons lived in the country. The law permits persons born on the territory or legally residing there for 10 years and who are not citizens of any other country to apply for citizenship. Applicants must possess an unlimited residence permit, knowledge of the Lithuanian language and constitution, and the ability to support themselves.

Mongolia

Section 2. Respect for Civil Liberties, Including:

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

The law provides for freedom of internal movement, foreign travel, emigration, and repatriation, and the government generally respected these rights. The government generally cooperated with the Office of the United Nations High Commissioner for Refugees (UNHCR) and other humanitarian organizations in providing protection and assistance to UNHCR-recognized refugees, asylum seekers, and other persons of concern.

In-Country Movement: An order aimed at curbing air and environmental pollution and traffic jams, effective until January 1, 2020, suspends migration from the countryside to Ulaanbaatar. The law exempts persons traveling to Ulaanbaatar for medical treatment or for work for longer than six months.

Foreign Travel: Under the criminal code, at the request of the Prosecutor General’s Office, courts can ban the departure of persons who are plotting criminal activity. The law requires that those subject to an exit ban receive timely notification. Authorities did not allow persons under exit bans to leave until the disputes leading to the bans were resolved administratively or by court decision, and bans may remain in place for years. According to reports 500 persons, including several foreign residents, remained banned from leaving the country.

PROTECTION OF REFUGEES

Access to Asylum: The constitution provides for granting asylum, and the government provided limited protections to foreign residents in the country while UNHCR adjudicated their refugee claims. The law establishes deportation criteria and permits the Agency for Foreign Citizens and Naturalization (the country’s immigration agency) to deport asylum seekers who it deems do not qualify.

Employment: The law does not afford a specific legal status to refugees and asylum seekers; by default, therefore, authorities usually treated them as irregular migrants and did not issued them work permits.

Access to Basic Services: Because the law does not provide for refugee status, asylum seekers generally did not have access to government-provided basic services such as health care and education. Refugees and asylum seekers could access private medical facilities with UNHCR support.

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The Lessons of 1989: Freedom and Our Future