Section 2. Respect for Civil Liberties, Including:
The constitution provides for freedom of opinion, expression, and press, but the government severely restricted these rights, according to Freedom House. Authorities used threats and prosecutions to curb critical reporting.
Freedom of Speech: The law prohibits “inciting racial, ethnic, or religious hatred,” which is punishable by up to two years in prison and fines.
Freedom of Press and Media, Including Online Media: Independent media were active and attempted to express a variety of views; however, authorities placed severe restrictions on them. The government subsidized Le Progres–the only daily newspaper–and owned the biweekly newspaper L’Info. Government and opposition newspapers had limited readership outside the capital due to low literacy rates and lack of distribution in rural areas.
Radio remained a critical source of information throughout the country. The government owned Chadian National Radio. Private stations faced high licensing fees. The number of community radio stations that operated outside of government control continued to grow, and radio call-in programs broadcast views of callers that included criticism of the government.
Violence and Harassment: Authorities reportedly harassed, threatened, arrested, and assaulted journalists for defamation. Local media reported that journalists faced regular arrest after publication, with most released fairly quickly, others held in detention for weeks or months, and some severely mistreated, particularly when articles discussed impunity or criticized the president and his associates. Human rights defenders and journalists were also threatened, harassed, and intimidated by anonymous individuals.
On November 27, security forces broke up an interview with “citizen forum” organizers at the headquarters of radio station FM Liberte. Police used tear gas and detained approximately 70 attendees of an unrelated journalism training class for several hours. On December 1, independent radio stations organized a protest “day without radio.”
In September 2019 a court convicted Inoua Martin Doulguet, editor in chief of the newspaper Salam Info, of “criminal conspiracy, complicity, defamation, and insult” for an article concerning an alleged sexual assault by a former minister. On May 5, an appeals court acquitted him for procedural and substantive errors by the lower court.
Censorship or Content Restrictions: The government penalized those who published items counter to government guidelines, sometimes by closing media outlets. According to Freedom House, private radio stations faced threat of closure for coverage critical of the government. Some journalists and publishers practiced self-censorship.
On June 8, the High Authority for Media and Broadcasting (HAMA) suspended newspaper Abba Garde for 12 months, alleging defamation, unprofessional conduct, false news, and ethical breaches. HAMA also banned its director Moussaye Avenir De la Tchire from working as a journalist for the same period. On June 9, the Convention of Private Press Entrepreneurs in Chad noted the HAMA suspension of Abba Garde and its director and stated there were no provisions under the law for a 12-month suspension for defamation or dissemination of false news, or the suspension of a journalist in the exercise of his profession for the same alleged offenses.
On August 27, the minister of communication, spokesperson for the government, visited the private television stations Electron TV and Alnassour TV and remarked private media remained privileged partners and must properly do their work of awareness raising, education, and entertainment. Observers considered this a warning to private media to avoid sensitive topics.
On September 7, HAMA suspended 12 newspapers for three months pursuant to the law requiring newspaper publishers and managing editors to possess a postgraduate degree in journalism. According to Reporters without Borders, the HAMA decision suspended approximately one-quarter of the country’s privately owned print media outlets.
Libel/Slander Laws: Libel and slander are misdemeanors punishable by fines. Authorities arrested and detained persons for defamation.
The government restricted and disrupted access to the internet and directly censored online content, such as Facebook. There was widespread speculation the government monitored private online communications, blocked sites, and arrested activists for postings on social media.
In July the government banned social media throughout the country and cut internet access outside N’Djamena. This followed an incident the same month at the Champ de Fil market, where a member of the presidential guard allegedly killed a motorcycle mechanic and was subsequently rescued from an angry crowd after receiving a severe beating. The incident sparked critical commentary on social media, including calls for ethnic violence. On August 8, the president stated the government disrupted social media to prevent interethnic violence; he did not explain the restrictions to internet access. On October 2, authorities ended these restrictions. Throughout this period social media users in N’Djamena could access apps such as Facebook and WhatsApp with the use of a virtual private network.
There were government restrictions on academic freedom. The government banned large gatherings–including cultural events–due to COVID-19 restrictions.
The government limited freedoms of peaceful assembly and association.
Although the constitution provides for freedom of peaceful assembly in limited circumstances, the government did not respect this right. The government regularly interfered with opposition protests and civil society gatherings. Authorities routinely banned gatherings and arrested organizers, and security forces used excessive force against demonstrators.
The law requires organizers to notify the Ministry of Public Security and Immigration five days in advance of demonstrations, although groups that provided advance notice did not always receive permission to assemble. The law also requires opposition political parties to meet complicated registration requirements for party gatherings.
Unlike in previous years, in January police peacefully escorted student protests for better conditions in university campuses.
Following the outbreak of the COVID-19 pandemic in March, the government banned meetings of more than 50 persons but selectively applied these restrictions to stifle political opposition.
As the number of confirmed COVID-19 cases dropped in June, the government eased restrictions on communal prayer but requested worshippers respect social distancing and use face coverings.
In October the government held a 600-person national forum to solicit and debate potential constitutional changes. Security forces encircled the headquarters of several opposition parties and civil society organizations and the homes of some opposition politicians during the forum to intimidate those who either boycotted or were not invited to the forum.
In November authorities banned an alternative “citizens’ forum,” citing COVID-19 restrictions limiting mass gatherings. In November and December, authorities banned efforts by opposition parties to hold assemblies or marches, also citing COVID-19 restrictions.
The constitution and law provide for freedom of association, and the government generally respected this right. While the law requires the Ministry of Public Security and Immigration to provide prior authorization before an association, including a labor union, may be formed, there were no reports the law was enforced. The law also allows for the immediate administrative dissolution of an association and permits authorities to monitor association funds. In late 2018 authorities modified the regulation on NGOs to exert greater control over development and humanitarian activities, requiring NGOs to contribute 1 percent of their budget to the “functioning of the structures of the Ministry of Planning.”
Authorities denied recognition to some opposition political groups (see section 3, Political Parties and Political Participation)
See the Department of State’s International Religious Freedom Report at https://www.state.gov/religiousfreedomreport/.
Although the constitution and law provide for freedom of movement, foreign travel, emigration, and repatriation, the government limited these rights.
In-country Movement: Lack of security in the east, primarily due to armed banditry, occasionally hindered the ability of humanitarian organizations to provide services to refugees. In Lake Chad Province, attacks by Boko Haram and simultaneous government military operations constrained the ability of humanitarian organizations to aid IDPs.
According to the International Organization for Migration, in August more than 360,000 persons were displaced in Lake Chad Province, more than one-half of the province’s population. Amid the COVID-19 pandemic, combined with an environmental crisis, the security situation continued to deteriorate, exacerbating humanitarian needs.
The government cooperated with Office of the UN High Commissioner for Refugees (UNHCR) and other humanitarian organizations in providing protection and assistance to IDPs, refugees, and other persons of concern. The country hosted refugees and asylum seekers mainly from Sudan, the Central African Republic (CAR), and Nigeria, as well as IDPs, citizen returnees from CAR, and citizen returnees from the Lake Chad basin.
Abuse of Migrants, Refugees, and Stateless Persons: International observers reported numerous protection incidents in the Lake Chad area in February. According to international observers, these incidents included physical attacks, kidnappings, and homicides. Armed groups were suspected of a majority of the incidents, especially for cases of kidnapping and homicide.
Authorities rarely prosecuted perpetrators of sexual violence. The judicial system did not provide consistent and predictable recourse or legal protection. To overcome these problems, UNHCR enlisted a local NGO to support refugees through the judicial process. The Detachment for the Protection of Humanitarian Workers and Refugees was unable to provide humanitarian escorts consistently but was generally effective in providing protection inside refugee camps.
Access to Asylum: The law does not provide for asylum or refugee status. The government, however, has established a system for the protection of refugees. In cooperation with UNHCR, the government continued a project to strengthen the civil registration system for the issuance of civil status certificates (birth, marriage, and death certificates) to tens of thousands of refugees born before 2013.
Access to Basic Services: Although local communities hosted tens of thousands of newly arrived refugees, antirefugee sentiment existed due to competition for local resources, such as wood, water, and grazing land. Refugees also received goods and services not available to the local population, and refugee children at times had better access to education and health services than those in the surrounding local populations. Many humanitarian organizations included host communities in their programming to mitigate this tension.
Durable Solutions: Authorities continued to resettle refugees, although fewer than in previous years. As durable solutions became more difficult to achieve, UNHCR explored helping refugees secure protection by receiving admission to third countries.
Section 2. Respect for Civil Liberties, Including:
The constitution provides for freedom of expression, including for the press, but includes a clause stating, “It may be subject to limited censorship in times of war or public mobilization.” The government frequently did not respect this right. Government failure to investigate or prosecute attacks on human rights defenders and peaceful protesters led to de facto restrictions on freedom of assembly and association. On June 10, a local human rights organization said authorities did not investigate police reports it filed after several attacks against its director between October and December 2019 that resulted in bodily injury to the director and theft of his car. On June 27, eight human rights organizations condemned a media attack against the director after he published a report on conditions in Gamassa Prison.
On February 16, the Supreme Council for Media Regulation issued executive regulations for the media law ratified in 2018. Among the regulations, newspapers are required to print their issues in Egypt at licensed printing houses registered with the council; news websites must host their servers in Egypt; newspapers must submit 20 copies of each printed issue to the council; and news websites and television outlets must keep copies all of published or broadcast material online for one year and submit a copy of their published or broadcast material to the council every month. The regulations also prohibit any recording, filming, or interviews in public places with the intention of broadcasting them on a media outlet without a permit issued by the council.
Freedom of Speech: Citizens expressed their views on a wide range of political and social topics. Nonetheless, the government investigated and prosecuted critics for alleged incitement of violence, insults to religion, insults to public figures and institutions such as the judiciary and the military, or violation of public morals.
Between March and July, authorities arrested at least seven doctors and charged them with membership in a banned group, spreading false news, and misuse of social media after they criticized the government’s response to COVID-19. Between October and December, three doctors were released pending investigation. The Doctors’ Syndicate protested the arrests and called for release of all the doctors. On October 1, the State Security Prosecution ordered the 15-day pretrial detention of prominent lawyer Tarek Jamil Saeed pending investigations of disturbing the peace, spreading rumors, and misusing social media after he criticized candidates for parliament. Saeed was released on bail on October 11.
On December 27, a criminal court ordered the release of housing-rights researcher Ibrahim Ezzedine with probationary measures. Ezzedine remained in detention until the end of the year. According to a local human rights organization, he was held without notice beginning in June 2019 after criticizing the government’s urban slums policies and appeared in November 2019 before the State Security Prosecution accused of joining a banned group and spreading false news.
A criminal court on September 13 renewed the 45-day pretrial detention of Mohamed Ramadan, who was arrested in 2018 for “inciting social unrest” after he posted a photograph of himself wearing a yellow vest akin to those worn by political protesters in France. After a court ordered Ramadan’s release on bail on December 2, the State Security Prosecution ordered him remanded into custody on December 8 on additional charges of joining a banned group based upon letters he sent while in detention.
The law provides a broad definition of terrorism, to include “any act harming national unity or social peace.” Human rights observers expressed concern that authorities used the ambiguous definition to stifle nonviolent speech and nonviolent opposition activity.
Between January and September, a local organization that tracks freedom of association and speech recorded 96 violations of the freedoms of media and artistic and digital expression. In June 2019 several political figures were arrested, including El-Aleimy and journalist Hossam Moanes, after they met to form the political Alliance of Hope to run in parliamentary elections. They remained in pretrial detention. On March 11, a misdemeanor court sentenced El-Aleimy to one year in prison for spreading false news and disturbing public peace as a result of a BBC interview in 2017. On April 18, a terrorism court added 13 defendants from the “Hope” case to the terrorism list, including former member of parliament and Social Democratic Party leader Ziyad El-Aleimy and activist Ramy Shaath, for alleged collaboration with the banned Muslim Brotherhood. On June 16, the Cairo Criminal Court turned down a challenge filed by Moanes against an August 2019 ruling to seize his money. On August 4, the Cairo Criminal Court upheld a freeze on the assets of 83 defendants in the case (No. 930/2019). On October 10, a criminal court ordered the release of four Alliance of Hope defendants, including activist Ahmed Tammam. On November 14, an administrative court heard the lawsuit filed by El-Aleimy to allow him to receive telephone calls and correspondence. Amnesty International reported he was being denied adequate health care by Tora Prison authorities even though his underlying medical conditions put him at particular risk if exposed to COVID-19.
On March 19, the State Security Prosecution ordered the release of 15 political figures in pretrial detention, including political science professor Hassan Nafaa and former president Sisi campaigner Hazem Abdel Azim. Nafaa was arrested in September 2019 with Hazem Hosni, spokesperson for Sami Anan’s 2018 presidential campaign, and journalist Khaled Dawoud. On December 27, a criminal court renewed Hosni’s and Dawoud’s pretrial detention for 45 days pending investigations of joining a banned group and spreading false news and ordered Hosni’s release. The State Security Prosecution ordered Hosni’s continued detention in a new case on November 4. On July 5, a criminal court overturned the public prosecutor’s 2019 decision to freeze Nafaa’s fixed assets and stayed the public prosecutor’s decision to seize his assets until the Supreme Constitutional Court rules on the constitutionality of Article 47 of the Antiterrorism Law.
On August 5, the writer and prominent leftist Sinai activist, Ashraf Ayoub, and his son Sherif, were detained in Arish city, North Sinai, and taken to an unknown location. According to a labor leader, Ayoub advocated for detainees. After 20 days, Ayoub appeared before the State Security Prosecution, which ordered his pretrial detention on charges of joining a terrorism group and spreading false news. According to local media, Ayoub’s son was released without charges in mid-August.
In May security forces arrested sports critic Awny Nafae while he was under government-imposed COVID-19 quarantine after returning from Saudi Arabia, according to local media. The arrest came after Nafae criticized the Ministry of Emigration for its handling of thousands of Egyptian nationals stranded abroad amid the COVID-19 pandemic. He was held in pretrial detention on charges of spreading false news, misusing social media, and participating in a terrorist group, but he was released in October.
Freedom of Press and Media, Including Online Media: Independent media expressed a variety of views but with significant restrictions. The constitution, penal code, and the media and publications law govern media issues. The government regulated the licensing of newspapers and controlled the printing and distribution of a majority of newspapers, including private newspapers. The law does not impose restrictions on newspaper ownership.
More than 20 state-owned media outlets broadly supported official state policy. The National Press Authority holds the power to appoint and dismiss editorial leadership of state-owned print outlets. The governmental Egyptian Radio and Television Union appointed the heads of state-owned radio and television channels. Both state-owned and private media (including television and online journalism) occasionally broadcast and published mild criticism of government policies, but dominant media narratives supported the president and his policy initiatives.
The law considers websites and social media accounts with at least 5,000 subscribers as media outlets, requires them to pay a licensing fee of EGP 50,000 ($3,030), and grants the Supreme Council for Media Regulation (Supreme Council) broad discretion to block their content.
According to media reports, on April 21, the Supreme Council fined the newspaper Al Masry Al Youm for an op-ed written by its founder Salah Diab under a pseudonym. The article suggested that Sinai should have one governor with expanded powers to better govern the entire peninsula. The Supreme Council ordered the newspaper to remove the op-ed, issue an apology, and suspend Diab’s opinion pieces for one month. On May 12, the Supreme Council ordered media not to publish or broadcast any material under pseudonyms without the approval of the Supreme Council.
On April 12, authorities arrested Mustafa Saqr, owner of the Business News company, and the State Security Prosecution detained him for 15 days pending investigations on charges of colluding with a terrorist, spreading false news, and misusing social media. His arrest came after he published an article that discussed the impact of COVID-19 on the economy.
As of December the Committee to Protect Journalists reported 27 journalists were imprisoned in the country.
During the year the government raided several newspapers, arrested employees, and released them shortly thereafter. On June 24, the security services arrested Noura Younis, editor in chief of the independent news website Al-Manassa and a former Washington Post correspondent. On June 26, authorities released Younis on bail pending trial on charges of creating a network account with the intent to commit a crime, possessing software without a license from the National Telecom Regulatory Authority, copyright infringement, and wrongfully profiting through the internet or telecommunication services.
On May 11, authorities arrested Al-Masry Al-Youm journalist Haitham Mahgoub, days after he published an article relating to the country’s response to COVID-19, according to media. Media reported that Mahgoub and his attorneys were not allowed to attend the June 7 hearing where the State Security Prosecution ordered his 15-day pretrial detention pending investigations of joining a banned group, financing a banned group, and spreading false news. Mahgoub was released on November 19 pending further investigation. On May 22, television stations broadcast confessions of four of 11 journalists and media workers whom the Interior Ministry claimed were part of a Muslim Brotherhood plot to produce false reports for al-Jazeera. Human rights lawyers challenged the confessions and their pretrial publication as illegal.
Violence and Harassment: According to media reports and local and international human rights groups, state actors arrested and imprisoned, harassed, and intimidated journalists. Foreign correspondents reported cases where the government denied them entry, deported them, and delayed or denied issuance of media credentials; some claimed these actions were part of a government campaign to intimidate foreign media.
On March 17, the State Information Service revoked the accreditation of a correspondent for the London-based Guardian newspaper, after it published a report addressing the spread of the COVID-19 in the country. On March 26, the Guardian reported that authorities forced the correspondent to leave the country.
On March 30, authorities ordered the detention of Mohamad Al-Eter, the Ultra Sawt website correspondent, for 15 days pending investigations. He was accused of joining a terrorist group, publishing false news, and misusing the online social networks. A court granted Al-Eter bail in May, and he was released on June 1 pending investigation.
According to Freedom House, multiple prominent digital activists and online journalists remained in prison. In many cases the individuals faced charges unrelated to their online activities, although their supporters argued they were arrested to prevent them from expressing their views. Spreading false news, affiliation with a terrorist or banned group, insulting the state, and inciting demonstrations were the prevailing allegations used to justify the arrest of human rights activists.
Censorship or Content Restrictions: Official censorship occurred. The state of emergency empowered the president to monitor newspapers, publications, editorials, drawings, and all means of expression and to order the seizure, confiscation, and closure of publications and print houses. The emergency law allows the president to censor information during a state of emergency.
In June the Supreme Council for Media Regulation stated that all media in any form had to use official sources to publish or broadcast any information about Libya, the Grand Ethiopian Renaissance Dam, the war against terrorism in Sinai, or COVID-19.
In June a media rights organization said that the government blocked thousands of websites, including 127 media websites.
The rising number of arrests for social media posts had a chilling effect on online speech. Some activists and many journalists reported privately they self-censored criticism of the government or comments that could be perceived as sympathetic to the Muslim Brotherhood, due to the overall anti-Muslim Brotherhood and progovernment media environment. Publishers were also wary of publishing books that criticized religious institutions, such as al-Azhar, or challenged Islamic doctrine. On August 15, the National Translation Center published its translation guidelines, including conditions that books it translates do not “oppose religion, social values, morals and customs.” According to media, professional writers and translators denounced the rules as a form of censorship. Online journalists were also reluctant to discuss sensitive topics such as sectarian tensions, sexuality, political detainees, military operations in the Sinai, and the military’s outsized role in the national economy.
Libel/Slander Laws: Local and international rights groups reported cases of authorities charging and convicting individuals with denigrating religion under the so-called blasphemy law, targeting primarily Christians but also Muslims. On June 21, the Alexandria Economic Misdemeanor Appeals Court upheld the February 27 three-year sentence against activist and blogger Anas Hassan for “insulting religion and misusing social media.” According to a local human rights organization, security forces arrested Hassan in August 2019 for his Facebook page “The Egyptian Atheists” that a police report stated contained atheistic ideas and criticism of the “divinely revealed religions.”
National Security: The law allows government censors to block the publication of information related to intelligence and national security.
The law imposes a fine on any person who “intentionally publishes…or spreads false news.” The fine is many times the average annual salary of most local journalists. In 2018 authorities established hotlines for members of the public to call or leave text messages reporting fake news in either traditional or social media that endangers state security.
On March 10, the prime minister instructed relevant authorities to take all necessary, legal measures against anyone who broadcasts false news, statements, or rumors regarding COVID-19. On March 28, the Public Prosecution affirmed in a statement that it would address such “fake news” stories according to the law.
On March 18, security forces arrested Atef Hasballah, editor in chief of Alkarar Press website, at his home in Aswan following a critical post on his Facebook page questioning official statistics on the spread of COVID-19 cases in the country. He appeared before the State Security Prosecution on April 14, which ordered his 15-day pretrial detention pending investigation.
A local independent human rights organization reported that journalist Basma Mostafa was detained for nine hours while covering a crowd of citizens waiting for a COVID-19 test at the Ministry of Health’s Central Laboratories in downtown Cairo. Media reported Mostafa was arrested on October 3 while covering the death of Luxor Governorate citizen Ewais al-Rawy (see section 1.a.) and ensuing protests; Mostafa was released on October 6.
On February 12, local media reported that the Supreme Council for Media Regulations sent a warning letter to 16 news websites and social network accounts concerning posting “false news” regarding a reported COVID-19 infection case in Tanta City. It also included a directive to ban publishing any information other than the Ministry of Health’s official data.
Judges may issue restraining orders to prevent media from covering court cases considered sensitive on national security grounds. Rights groups stated authorities sometimes misused the orders to shield government, police, or military officials from public scrutiny. Citing safety and security, the government and military restricted media access to many parts of North Sinai.
On March 11, authorities released, with probationary measures, blogger Islam al-Refai, known as Khorm, who ran a satirical Twitter account with 75,000 followers. He had been held in pretrial detention since 2017, according to his attorney. NGOs continued to claim that authorities used counterterrorism and state-of-emergency laws and courts unjustly to prosecute journalists, activists, lawyers, political party members, university professors, and critics for their peaceful criticism.
The constitution prohibits the government from “arbitrarily” interrupting, disconnecting, or depriving citizens seeking to use all forms of internet communications.
Telecommunications services and internet service providers are regulated by the National Telecommunications Regulatory Authority under the 2003 Telecommunication Regulation Law. The law does not guarantee the independence of the National Telecommunications Regulatory Authority. The government centralized the internet infrastructure and fiber-optic cables, allowing considerable state control over internet access, including restricting and disrupting user access and censoring online content. Law enforcement agencies restricted or disrupted individuals’ access to the internet, and the government monitored social media accounts and internet usage, relying on a law that only allows targeted interception of communications under judicial oversight for a limited period and does not permit indiscriminate mass surveillance. The public prosecutor prosecuted individuals accused of posting “insulting” material.
On August 25, a criminal court in a terrorism circuit sentenced in absentia the director of the Cairo Institute for Human Rights Studies, Bahey Eldin Hassan, to 15 years in prison for publishing false news and insulting the judiciary. In March Hassan, who lived abroad, learned that a criminal court in a separate case sentenced him in September 2019 in absentia to three years in prison on charges of spreading false news and tweeting phrases that undermined and discredited the judiciary. Hassan criticized the Public Prosecution on Twitter in 2018.
The counterterrorism law criminalizes the use of the internet to “promote ideas or beliefs that call for terrorist acts” or to “broadcast what is intended to mislead security authorities or influence the course of justice in relation to any terrorist crime.” The law also authorizes the public prosecutor and investigators to monitor and record online communications among suspects in terrorism cases for a period of 30 days, renewable in 30-day increments. The law does not specify a maximum period. On October 8, several UN human rights special rapporteurs in the UN Office of the High Commissioner for Human Rights stated the country was using “terrorism charges” and “terrorism circuit courts” “to target legitimate human rights activities,” silence dissent, and detain activists during the COVID-19 pandemic.
The cybercrime law states, “The relevant investigating authority may, when the evidence indicates that a website is broadcasting phrases, numbers, pictures, videos, or any promotional material, that constitutes one of the crimes enshrined in this law, and poses a threat to national security or endangers the security or economy of the country, order the blocking of the website.” The government issued implementing regulations for the law on August 27. On May 20, several local human rights organizations accused the government of restricting access to information during the COVID-19 pandemic.
Media reported that authorities arrested a group of women in June and July who posted videos on the TikTok social media app. On July 27, a Cairo Economic Court sentenced TikTok influencers Haneen Hossam and Mawada Eladhm and three others to two years in prison and fined each for “violating family values” based on the cybercrime law. An appeal was scheduled for January 10, 2021. On August 18, a criminal court upheld an administrative decision to freeze the assets of Hossam and Eladhm.
On August 6, authorities released TikTok influencer Manar Samy on bail pending an appeal. On September 19, a Tanta Economic Court upheld her sentence of three years in prison with hard labor for “inciting debauchery and violating family values” for content she posted on social media. Authorities also arrested members of Samy’s family for resisting authorities. On September 30, a Cairo Economic Court sentenced TikTok influencers Sherifa Rifaat, known as “Sherry Hanim,” and her daughter, Zumoroda, to six years in prison and fined each for assaulting family values and inciting prostitution. A court was scheduled to examine the appeal in January 2021.
There were reports the government temporarily blocked access to internet messaging applications.
The government attempted to disrupt the communications of terrorist groups operating in Sinai by cutting mobile services, internet, and sometimes landlines.
The law obliges internet service providers and mobile operators to allow government access to customer databases, allowing security forces to obtain information regarding activities of specific customers, which observers noted could lead to lack of online anonymity.
There were reports authorities monitored social media and internet dating sites to identify and arrest lesbian, gay, bisexual, transgender, and intersex (LGBTI) individuals (see section 6, Acts of Violence, Criminalization, and Other Abuses Based on Sexual Orientation and Gender Identity).
On June 25, a local media rights organization reported that since May 2017 the state had blocked at least 547 websites, including at least 127 news websites. The blocked sites included international NGOs, local human rights NGOs, and numerous virtual private network services. Some blockages appeared intended to respond to critical coverage of the government or to disrupt antigovernment political activity or demonstrations. On April 9, authorities blocked the newly established Daarb website run by human rights defender Khaled al Balshy, one month after its launch.
In 2017 the news website Mada Masr sued the government seeking information on why it was blocked. In 2018 the Court of Administrative Justice referred the case for technical review by the Justice Ministry’s Authority of Experts. This review was pending at year’s end.
There were reports of government restrictions on academic freedom and cultural events. The removal of references to the country’s 2011 and 2013 revolutions from high school history class curricula continued after a 2017 decree from the Ministry of Education and Technical Education. According to media and local rights groups, a degree of self-censorship, like that reported by nonacademic commentators, existed when academics publicly commented on sensitive political and socioeconomic issues. University faculty members and Ministry of Education employees (including teachers) needed security agency approval to travel abroad for academic or professional purposes. Faculty and officials at public universities and research centers also must obtain Ministry of Foreign Affairs permission to travel abroad for any reason. Some public universities restricted campus visits of foreign speakers or delegations or required a faculty chaperone for delegations of university students traveling to the United States.
On May 8, authorities at the Cairo International Airport confiscated the passport of Walid Salem, a University of Washington doctoral student, preventing him from traveling. Authorities arrested Salem in May 2018 while he was conducting political science dissertation research on the Egyptian judiciary and released him in December 2018 with a travel ban and probationary measures pending trial. On February 22, the State Security Prosecution canceled the probationary measures and released him under guarantee of his place of residence.
There was censorship of cultural events. A prime ministerial decree issued in 2018 declares it unlawful to hold a special event or festival without “prior license from the Ministry of Culture and liaising with relevant state entities.” This requirement added to existing regulations, under which organizations must obtain a permit from the Ministry of Culture’s Censorship Board, as well as permits from the Interior Ministry and the relevant artists’ union for concerts, performances, and other cultural events. The Ministry of Culture must approve all scripts and final productions of plays and films. The ministry censored foreign films to be shown in theaters but did not censor the same films sold as DVDs.
On February 16, the Musicians Syndicate banned Mahraganat music, a popular street-music genre, in public and prohibited any dealings with Mahraganat singers without the syndicate’s permission. This decision came two days after a Cairo concert where Mahraganat singers used what the syndicate considered inappropriate words. A few hours after the decision, the Tourism Police prevented Omar Kamal from holding a concert in a Cairo hotel. The syndicate and the Department of Censorship of Artistic Works filed police reports against a number of Mahraganat singers.
The government restricted freedoms of peaceful assembly and association.
The constitution provides for freedom of assembly “according to notification regulated by law.” The demonstrations law includes an expansive list of prohibited activities, giving a judge the authority to prohibit or curtail planned demonstrations after submitting an official memorandum. Domestic and international human rights organizations asserted the law did not meet international standards regarding freedom of assembly. On January 18, an administrative court dismissed a lawsuit filed by a local human rights organization in 2017 challenging the law. A government-imposed exclusion zone prohibits protests within 2,600 feet (790 meters) of vital governmental institutions.
On March 22, President Sisi ratified amendments to the Prison Regulation Law, preventing the conditional release of those convicted of assembly crimes, among other crimes.
There were protests throughout the year, mostly small, and some occurred without government interference. In most cases the government rigorously enforced the law restricting demonstrations, in some instances using force, including in cases of small groups of protesters demonstrating peacefully.
On February 7, authorities detained Patrick George Zaki, a student at the University of Bologna, at the Cairo International Airport. Media reported he was beaten and subjected to electric shocks. On February 8, Zaki appeared before the prosecutor, who ordered his pretrial detention on charges of inciting individuals to protest in September 2019, spreading false news, promoting terrorism, and harming national security. A criminal court renewed his pretrial detention for 45 days on December 6.
On April 22, a local NGO reported that authorities released 3,633 of the 3,717 protesters detained after street demonstrations in September 2019. According to the report, approximately 1,680 defendants were released in 2019, approximately 1,983 were released in the first quarter of 2020, and an estimated 54 remained in detention. On February 5, the Al-Mokattam Emergency Misdemeanor Court ordered the acquittal of 102 individuals of charges of attacking the Mokattam police station in protest against the death in custody of Mohamed Abdel Hakim. Government investigators reported that Hakim had died from beatings by two police employees following his arrest in 2018.
On July 1, the Cassation Court reduced the prison sentence of a Central Security Forces officer, Yaseen Hatem, from 10 years to seven years for the death of activist Shaimaa el-Sabbagh. Hatem was convicted of wounding that led to the death and deliberately wounding other protesters during a 2015 protest marking the fourth anniversary of the January 25 revolution.
According to a local human rights organization, thousands of persons whom authorities arrested during 2013 and 2014 due to their participation in demonstrations (some of which were peaceful) remained imprisoned; however, authorities released others who had completed their sentences. Authorities reportedly held such individuals under charges of attending an unauthorized protest, incitement to violence, or “blocking roads.” Human rights groups claimed authorities inflated or used these charges solely to target individuals suspected of being members of groups in opposition to the government or those who sought to exercise the rights to free assembly or association.
On April 12, the State Security Prosecution ordered the release of 35 detainees on bail whom authorities had accused of spreading false news about COVID-19, some of whom had participated in a street march in Alexandria on March 23 after curfew, despite government restrictions on gatherings during the pandemic. On April 25, authorities released 20 detainees on bail who had participated in an April 23 street march after curfew in Alexandria to celebrate Ramadan and protest COVID-19.
On June 17, a local human rights organization filed an official complaint with the prosecutor general to release activist Mohamed Adel as he reached the two-year legal limit for pretrial detention since his June 2018 arrest on charges of violating the protest law. On December 21, State Security Prosecution ordered Adel’s detention for 15 days pending investigation in a new case on charges of joining and funding a terrorist group, meeting terrorist leaders in prison, and spreading false news. Reports indicated that in September more than 2,000 persons, including at least 70 younger than 18, were arrested in response to small demonstrations marking the first anniversary of the anticorruption protests of September 2019. On September 27, the Public Prosecution ordered the release of 68 of the 70 minors who had been arrested. In early November more than 400 persons arrested during the demonstrations were released from prison, and in early December approximately 67 additional individuals were also released.
The constitution provides for freedom of association. The law governing associations, however, significantly restricts this right.
A 2019 law governing NGOs eliminated prison sentences as penalties and removed formal oversight roles for security and intelligence authorities. It also required the government to issue executive regulations to clarify that NGOs will have exclusive access to and control of NGO funds as well as procedural protections, such as impartial administrative and judicial appeal mechanisms. On November 25, the cabinet approved the executive regulations. As of December 31, however, they had not been published in the official gazette.
The penal code criminalizes the request for or acceptance of foreign funds, materiel, weapons, ammunition, or “other things” from states or NGOs “with the intent to harm the national interest.” Those convicted may be sentenced to life in prison (or the death penalty in the case of public officials) for crimes committed during times of war or with “terrorist purpose.”
As of year’s end, lawyer Amr Emam remained in detention pending investigations on charges of colluding with a terrorist organization, publishing false news, and misusing social media to spread false information. Emam was arrested in October 2019 after he began a hunger strike and sit-in to protest the arrests, alleged abuse, and continued detention of journalist Esraa Abdel Fattah, activist Alaa Abdel Fattah, and lawyer Mohamed Elbakr. In late August Emam, along with Esraa Abdel Fattah and Mohamed Elbakr, was added to a new case on similar charges.
On September 6, after a criminal court ordered his release on August 26, the State Security Prosecution ordered the 15-day pretrial detention of Ibrahim Metwally Hegazy on new charges. This was the third case against Hegazy, a human rights lawyer and founder of the Association of the Families of the Disappeared, since his 2017 arrest at the Cairo International Airport while traveling to Geneva to participate in the UN Working Group on Enforced or Involuntary Disappearances.
The Muslim Brotherhood, the Muslim Brotherhood-affiliated Freedom and Justice Party, and its NGO remained illegal, and the Muslim Brotherhood was listed as a designated terrorist organization.
Authorities continued investigations of local NGOs that received foreign funding under a case originally brought in 2011. On July 18, the Cairo Criminal Court denied a motion to lift the travel bans imposed on 14 defendants in the case, including Nazra for Feminist Studies founder Mozn Hassan and others, accused of receiving foreign funding to harm national security in connection with her NGO. On December 5, an investigative judge dismissed criminal charges, including receiving foreign funding to harm the national interests, and lifted the travel bans and asset freezes against 20 domestic NGOs involved in the 2011 case.
A court case brought by el-Nadeem Center for the Rehabilitation of Victims of Violence (also registered under the name el-Nadeem for Psychological Rehabilitation) challenging a 2016 closure order remained pending an expert report ordered by the court. The organization asserted the closure was politically motivated, targeting el-Nadeem because of its work investigating torture, deaths in detention, and impunity for these crimes. The organization continued to operate in a limited capacity.
In November Mohamed Basheer, Karim Ennarah, and executive director Gasser Abdel Razek of the Egyptian Initiative for Personal Rights were arrested on charges of “joining a terror group” and “spreading false news.” On December 3, authorities released the three pending investigation. On December 6, the Third Terrorism Circuit Court ordered a temporary freeze on the personal assets of the three employees.
See the Department of State’s International Religious Freedom Report at https://www.state.gov/religiousfreedomreport/.
The law provides for freedom of internal movement, foreign travel, emigration, and repatriation, and the government generally respected these rights, albeit with some exceptions, including the handling of potential refugees and asylum seekers.
In-country Movement: Citizens and foreigners may not travel freely in areas of the country designated as military zones. The government sought to prevent private individuals, journalists, civil society figures, and international organizations from entering North Sinai on safety grounds.
Foreign Travel: The constitution states, “No citizen may be prevented from leaving the State territory.” Nonetheless, men who have not completed compulsory military service and have not obtained an exemption may not travel abroad or emigrate. National identification cards indicated completion of military service.
Authorities required citizens between ages 18 and 40 to obtain permission from the Interior Ministry to travel to 16 countries: Georgia, Guinea, Indonesia, Iraq, Jordan, Lebanon, Libya, Malaysia, Qatar, South Africa, South Korea, Sudan, Syria, Thailand, Turkey, and Yemen. Enforcement of these regulations was sporadic. The government stated it intended these regulations to make it more difficult for citizens to join terrorist groups and to stop flight of criminals. These regulations also affected the ability of other individuals to travel outside the country. Authorities maintained a “no-fly” list that prevented some defendants in court cases from fleeing the country.
The government-imposed travel bans on human rights defenders and political activists under investigation or formally charged. Local human rights groups maintained that authorities used travel bans to intimidate and silence human rights defenders. A 2018 court ruling stated a travel ban “does not require the investigation of certain facts and their certainty,” but there must be “serious evidence that there are reasons for it and that the decision to prevent travel is due to security reasons and the interests of the state.”
Democracy activist Esraa Abdel Fattah remained unable to depart the country because of a travel ban (see section 1.c. regarding her arrest).
Exile: There was no government-imposed exile, and the constitution prohibits the government from expelling citizens or banning citizens from returning to the country. Some Mubarak- and Morsi-era politicians lived outside the country by choice and stated they faced government threats of prosecution.
On June 6, the Supreme Administrative Court ruled the Ministry of Foreign Affairs did not have to renew the passport of Ayman Nour, the president of the opposition New Ghad Party who was living abroad. Nour filed the lawsuit when the ministry refused to renew his passport at the Egyptian consulates in Turkey and Lebanon.
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: Media, NGOs, and UNHCR staff reported multiple cases of attacks against refugees, particularly women and children. According to UNHCR, refugees sometimes reported harassment, sexual harassment, and discrimination. Refugee women and girls, particularly sub-Saharan Africans, faced the greatest risk of societal, sexual, and gender-based violence.
According to UNHCR and press reports, police security sweeps increased in neighborhoods known to house Syrian, Sudanese, and other African refugees, as well as migrants, resulting in increased detentions. Detainees reported authorities subjected them to verbal abuse and poor detention conditions.
Refoulement: Although the government often contacted UNHCR upon detaining unregistered migrants and asylum seekers, authorities reportedly sometimes encouraged unregistered detainees to choose to return to their countries of origin or a neighboring country to avoid continued detention, even in cases where the individuals expressed a fear of return. The number of these cases was unknown.
On January 8, the Supreme Administrative Court made a final ruling that the government could not extradite to Libya six former Libyan officials who were part of the government of former president Muammar Gaddafi. The court stated that according to domestic and international law, they were entitled to protection in Egypt.
UNHCR protested the government’s November 2019 deportation of a Yemeni asylee to Yemen. According to UNHCR, the asylee was arrested in August 2019 in Egypt for his alleged conversion from Islam to Christianity and subsequent proselytizing activities.
Access to Asylum: The constitution provides for the protection of political refugees, but the law does not provide for granting asylum or refugee status, and the government has not established a comprehensive legal regime for providing protection to refugees. The government granted UNHCR authority to make refugee status determinations. UNHCR does not register Libyan citizens; neither does it register or assist Palestinian refugees in the country.
According to UNHCR as of March, asylum seekers in the country came mainly from Syria, as well as from Eritrea, Ethiopia, Iraq, South Sudan, Sudan, and Yemen.
In 2013 the government began applying a system of visa and security clearance requirements for Syrian nationals and Palestinian refugees from Syria, thus assuring no direct entries from Syria, since Egypt lacked consular services there. Following the UNHCR’s visit in 2017, the country relaxed its visa requirements for Syrians seeking family reunification.
Reports of irregular movements of individuals, including asylum seekers, and detention of foreign nationals attempting to depart the country irregularly via the Mediterranean, remained low during the year, according to UNHCR, following enactment and enforcement of a law dramatically increasing patrols on the country’s Mediterranean coast in 2016.
UNHCR and its partners usually had regular access, by request, to detained registered refugees and asylum seekers along the north coast. Local rights groups faced continued resistance from the government when trying to interview detainees at Qanater men’s and women’s prisons outside Cairo, which housed most detained refugees and asylum seekers. Authorities generally granted UNHCR access to asylum seekers at all prison and detention facilities. Authorities generally released asylum seekers registered with UNHCR, although frequently not detained migrants, many of whom were Eritrean, Ethiopian, Somali, and Sudanese (who may have had a basis for asylum claims). Authorities often held detained migrants as unregistered asylum seekers in police stations until UNHCR or other aid agencies assisted them, although sometimes authorities sent some to regular prisons alongside convicted criminals or deported them.
The government has never recognized UNHCR’s mandate to offer services to Palestinians outside of the fields of operations of the UN Relief and Works Agency, reportedly due to a belief that allowing UNHCR registration would negate Palestinian refugees’ alleged right of return. Approximately 2,900 Palestinian refugees from Syria were also present in the country, the majority reportedly in Cairo. The Palestinian Authority mission in the country provided limited assistance to this population. The Swiss Red Cross also provided some humanitarian assistance to Palestinian refugees from Syria.
Employment: No law grants or prohibits refugees the right to work. Those seeking unauthorized employment were challenged by lack of jobs and societal discrimination, particularly against sub-Saharan Africans. Refugees who found work took low-paying jobs in the informal market, such as domestic servants, and were vulnerable to financial and sexual exploitation by employers.
Access to Basic Services: Refugees, in particular non-Arabic-speaking refugees from sub-Saharan Africa, received limited access to some services, including health care and public education. The Interior Ministry restricted access for some international organizations seeking to assist migrants and refugees in Sinai. UNHCR was unaware of any migrants detained in Sinai since 2016. UNHCR provided some refugees with modest support for education and health care, as well as small monthly financial assistance grants for particularly vulnerable refugees. The International Organization for Migration provided additional assistance to particularly vulnerable migrants and individual asylum cases that were either rejected or being processed by UNHCR.
Refugee children not enrolled in public schools mainly attended refugee-run schools or private schools, or they were home schooled. The law requires government hospitals to provide free emergency medical care to refugees, but many hospitals did not have adequate resources to do so. In some cases hospitals insisted that refugees provide payment in advance of receiving services or refused to provide services to refugees. One local refugee agency reported some refugees died due to the lack of medical care.
Of the eight stateless persons known to UNHCR, most were Armenians displaced for more than 50 years. According to a local civil society organization, the number of stateless persons in the country was likely higher than the number recorded by UNHCR. The government and UNHCR lacked a mechanism for identifying stateless persons, including those of disputed Sudanese/South Sudanese nationality and those of disputed Ethiopian/Eritrean nationality. A majority of the approximately 70,000 Palestinian refugees were stateless.
Section 2. Respect for Civil Liberties, Including:
The 2011 Constitutional Declaration provides for freedom of opinion, expression, and press, but various armed groups, including those aligned with the GNA, exerted significant control over media content, and censorship was pervasive. Unidentified assailants targeted journalists and reporters for political views.
Freedom of Speech: Freedom of speech was limited in law and practice. The law criminalizes acts that “harm the February 17 revolution of 2011.” The House of Representatives, since its election in 2014, and the GNA, since taking its seat in Tripoli in 2016, have done little to reduce restrictions on freedom of speech. Civil society organizations practiced self-censorship because they believed armed groups would threaten or kill activists. Widespread conflict in major urban areas deepened the climate of fear and provided cover for armed groups to target vocal opponents with impunity.
International and local human rights organizations claimed that human rights defenders and activists faced continuing threats–including physical attacks, detention, threats, harassment, and disappearances–by armed groups, both those aligned with and those opposed to the GNA. Many armed groups aligned with the GNA or LNA maintained databases of persons being sought for their alleged opposition activities or due to their identity. Some journalists and human rights activists chose to depart the country during the year rather than remain and endure harassment.
Observers reported that individuals censored themselves in everyday speech. Armed groups reportedly used social media to monitor and target political opponents, incite violence, and engage in hate speech. According to UNSMIL, various news publications and television stations published calls to violence, spread intentionally false news, and permitted ad hominem attacks.
Freedom of Press and Media, Including Online Media: Press freedoms were limited in all forms of media, creating an environment in which virtually no independent media existed. International news agencies reported difficulties obtaining journalist visas, encountered refusals to issue or recognize press cards, and were barred from reporting freely in certain areas, especially eastern cities. UNSMIL documented restrictions imposed by the Foreign Media Department at the Ministry of Foreign Affairs, which seriously affected the operations of journalists in Tripoli.
Violence and Harassment: The international NGO Reporters without Borders reported that all sides used threats and violence to intimidate journalists. Harassment, threats, abductions, violence, and killings made it nearly impossible for media to operate in any meaningful capacity in areas of conflict.
Impunity for attacks on members of media exacerbated the problem, with no monitoring organizations, security forces, or functioning judicial system to constrain or record these attacks.
On January 1, a group of youth activists launched the National Initiative for Peace calling for a ceasefire and were immediately attacked by both LNA- and GNA-affiliated media outlets as “traitors.” Several members received death threats against themselves and their families, and some were arbitrarily detained by LNA forces in Benghazi. Well known blogger and activist Khalid Sakran was among those briefly detained in January. In June he was summoned by LNA military intelligence authorities and held arbitrarily for 11 days before being released after intensive lobbying by UNSMIL and other local and international organizations.
On January 20, the GNA-aligned Special Deterrence Force abducted a Libyan journalist working for al-Wataniya from his office in Tripoli, allegedly for sharing information with the LNA. He was tortured then released in late January.
On January 16, LNA-aligned units set fire to a radio station in Sirte.
In July it was reported that journalist Ismail Abuzreiba al-Zwei was sentenced in May in a Benghazi military court to 15 years in prison for his affiliation with a satellite television channel deemed “hostile” to eastern Libyan interests. Human rights activists said he was tried in a closed hearing without access to his lawyer and sentenced under the country’s 2014 counterterrorism law, which provides for the arrest of civilians for perceived terrorist acts. He is one of possibly dozens of such journalists, activists, and other civilians who have been detained and tried in LNA military courts in recent years. Human rights defenders have voiced concern that the LNA unfairly applied the counterterrorism law to silence dissent.
Censorship or Content Restrictions: Journalists practiced self-censorship due to the lack of security and intimidation. The unstable security situation created hostility towards civilians and journalists associated with opposing armed groups or political factions.
Libel/Slander Laws: The penal code criminalizes a variety of political speech, including speech considered to “insult constitutional and popular authorities” and “publicly insulting the Libyan Arab people.” It and other laws also provide criminal penalties for conviction of defamation and insults to religion. Most reports attributed infringement of free speech to intimidation, harassment, and violence.
National Security: The penal code criminalizes speech considered to “tarnish the [country’s] reputation or undermine confidence in it abroad,” but the GNA did not enforce this provision during the year.
Nongovernmental Impact: Nongovernmental armed groups, terrorist groups, and individual civilians regularly harassed, intimidated, or assaulted journalists.
The GNA generally did not restrict or disrupt access to the internet or widely censor online content. Selective filtering or blocking of access did exist, despite the fact that no reliable public information identified those responsible for censorship. There were reports that GNA-aligned groups monitored private online communications without appropriate legal authority (see section 1.f.).
Facebook pages were regularly hacked by unknown actors or closed due to mass reporting and complaints.
Social media, such as YouTube, Facebook, and Twitter, played a critical role in official and unofficial government and nongovernmental communications. Facebook remained the main platform government officials, ministries, and armed groups used to transmit information to the public. A significant body of evidence suggested that foreign actors sought to influence domestic opinion and incite violence in the country by spreading deliberate misinformation on social media and other platforms.
A large number of bloggers, online journalists, and citizens reported practicing self-censorship due to intimidation by armed groups and the uncertain political situation.
There were no significant government restrictions on academic freedom or cultural events.
Some members of the Tebu minority residing in southern Libya reported their access to higher education was limited as university campuses were located in geographic areas controlled by Arab tribes that routinely harassed or denied freedom of movement to members of the Tebu minority. Universities reportedly did not provide offsite learning alternatives to these Tebu students.
According to Freedom House, teachers and professors faced intimidation by students aligned with nonstate armed groups.
The 2011 Constitutional Declaration provides for a general right to peaceful assembly, and the GNA generally respected this right. The law on guidelines for peaceful demonstrations, however, fails to include relevant assurances and severely restricts the exercise of the right of assembly. The law mandates protesters must inform the government of any planned protest at least 48 hours in advance and provides that the government may notify the organizers that a protest is banned as little as 12 hours before the event.
There were reports of several small public protests in Tripoli and other major cities, in which participants expressed frustration with civilian casualties and fatalities caused by the continuing conflict, lack of public utilities such as electricity, and poor service delivery by the national and municipal governments.
The 2011 Constitutional Declaration includes freedom of association for political and civil society groups. The government lacked capacity, however, to protect freedom of association, and targeted attacks on journalists, activists, and religious figures severely undermined freedom of association.
Civil society organizations (CSOs) are required to register with the GNA-affiliated Civil Society Commission (CSC) in Tripoli if they have activities in the west and with an eastern, parallel “CSC” in Benghazi if they have activities in the east. International and local CSOs report that the Tripoli and Benghazi commissions, along with the Ministry of Foreign Affairs Directorate of International Affairs, are known to sometimes delay or deny their attempts to register or renew registrations, or unduly to scrutinize their activities. Registration obstacles included: 1) ad hoc preapproval processes that required interfacing with formal and informal security forces, 2) restrictions and approvals for routine meetings, 3) inordinately detailed requests for financial and human resource information, and 4) direct harassment in some cases.
In the west, this type of interference was frequently attributed to Nawasi Brigade affiliates working in the Tripoli-based CSC and the Ministry of Foreign Affairs. For example, in July the CSC in Tripoli directed one international CSO seeking to renew its registration to get “preapproval” from a Nawasi Brigade official. In another example, on September 10, the Tripoli-based CSC released an official letter that warned Libyan organizations not to meet with international organizations absent CSC approval, hampering local CSO operations. Threats, including death threats, were made against numerous CSO staff members because of their human rights activities, and several of them believed they were under surveillance by intelligence services; they also reported being unjustly detained for short periods. Numerous activists have sought sanctuary abroad
See the Department of State’s International Religious Freedom Report at https://www.state.gov/religiousfreedomreport/.
The 2011 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.”
In-country Movement: The GNA did not exercise control over internal movement in the west, although GNA-aligned armed groups set up some checkpoints. The LNA established checkpoints in the east and south.
There were reports that armed groups controlling airports within the country conducted random checks on departing domestic and international travelers, including of their personal electronic devices. The country lacked a unified customs and immigration system.
Following the onset of the COVID-19 pandemic, western and eastern authorities as well as local municipalities imposed curfews and restrictions on intercity travel to curb the spread of the virus. International and local aid workers noted that these restrictions had the secondary effect of restricting humanitarian access to communities in need.
Citizenship: The Nationality Law states that citizens may lose citizenship if they obtain a foreign citizenship without receiving permission beforehand from authorities, but there is still no process for obtaining such permission. Authorities may revoke citizenship if it was obtained based on false information, forged documents, or the withholding of relevant information concerning 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 a mother’s citizenship is also revoked in this case. 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.
Non-Arab communities were marginalized under the Arab nationalist Qadhafi regime. Qadhafi revoked the citizenship of some inhabitants of the Saharan interior of the country, including minorities, such as the Tebu and Tuareg, after the regime returned the Aouzou strip along the Libya-Chad border to Chad in 1994. As a result there were many nomadic and settled stateless persons in the country. In addition, 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.
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.
As of September, the IOM estimated there were more than 392,000 internally displaced persons (IDPs) in the country. More than half of these IDPs were displaced from the southern Tripoli area alone since April 2019. Following the end of hostilities in southern Tripoli, a slow return of some displaced households commenced in western Libya in July and August; however, the lack of basic services combined with the presence of explosive remnants of war and unexploded ordnance in previously contested areas hindered IDP returns.
IDPs generally resided in rented accommodations or with relatives and other host families. A smaller portion of IDPs lived in schools or other public buildings, in informal camps, shelter facilities, or abandoned buildings.
Most of the 48,000 former residents of the town of Tawergha, near Misrata, who were forcibly displaced after the 2011 revolution for their perceived affiliation with the former regime, remained displaced.
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, including to those with disabilities.
The government cooperated with UNHCR, the IOM, and other international agencies that operated within the country and were allowed to assist refugees and migrants in some geographic areas and facilities across the country. UN agencies monitored and publicly reported on the situation of refugees and migrants in the country, including those in GNA detention centers. During the year international aid organizations provided basic services directly and through local implementing partners to refugees and asylum seekers.
Abuse of Migrants, Refugees, and Stateless Persons: According to UNSMIL and various UN agencies, refugees, asylum seekers, and migrants were routinely subjected to unlawful killings, arbitrary detention, torture, sexual exploitation, and other abuses. Perpetrators included state officials, armed groups, smugglers, traffickers, and criminal gangs.
Conditions in government and extralegal migrant detention facilities included severe overcrowding, insufficient access to toilets and washing facilities, malnourishment, lack of potable water, and spread of communicable diseases (see section 1.c.). Many press reports indicated refugees and migrants were summarily tortured in official and unofficial detention centers. According to numerous press reports, nonstate actors routinely held migrants for ransom payments.
Armed groups and criminal gangs involved in human smuggling activities targeted migrants. Numerous reports during the year suggested that various human smugglers and traffickers had caused the death of migrants. There were limited arrests and no known prosecutions by the GNA during the year of Libyan nationals engaged in trafficking or human smuggling. The GNA did not seriously pursue accountability for the massacre of 30 migrants in Mizda in May (see section 1.a.).
In 2018 UNHCR and the Ministry of Interior began receiving refugees at a new Gathering and Departure Facility (GDF) in Tripoli, intended to host vulnerable refugees while they awaited resettlement. In September 2019, UNSMIL assessed that GDF conditions were overcrowded, contributing to a deteriorating humanitarian situation. In January the deputy director of the Ministry of Interior’s Department to Combat Illegal Migration (DCIM), the state’s migration authority, mobilized hundreds of DCIM guards and Tripoli militia personnel at a site adjacent to the GDF. This militarization of the GDF raised concerns that the facility could be targeted in the continuing Tripoli conflict. UNHCR was forced to suspend its activities at the GDF and negotiated for the evacuation of its residents. According to migrant advocates, numerous other DCIM-affiliated migrant facilities were colocated with or in close proximity to weapons depots and other dual-use sites.
Migrants were exploited for forced labor at the hands of smugglers, traffickers, and GNA-aligned armed groups. There were reports that migrants in some official or informal detention locations were forced to engage in forced labor, such as construction and agricultural work, for no wages. According to international observers, some migrants were also forced to provide services for armed groups, such as carrying and transporting weapons, cooking food, cleaning, and clearing unexploded ordnance. In June reports emerged that some Libyan families had hired migrants to clear debris in mine-contaminated areas of Tripoli, exposing these migrants to potential grave bodily harm.
After the onset of COVID-19, there were numerous reports that migrants, particularly sub-Saharan Africans, were harassed or discriminated against by citizens due to the perception that foreigners were transmitting the virus.
Women refugees and migrants faced especially difficult situations, and international organizations received extensive reports of rape and other sexual violence. Nigerian women and girls were vulnerable to trafficking and were routinely detained in houses in Tripoli and Sebha, a southwestern Libyan city. Migrant women and girls were forced into prostitution in both official and unofficial detention facilities in conditions that sometimes amounted to sexual slavery. Other migrant women reported being harassed when leaving their homes to search for work. Many migrant women who had been abused could not return to their countries of origin for fear of stigmatization. The country lacks legal protections for survivors of sexual violence.
Access to Asylum: The country is not party to the 1951 Refugee Convention or its 1967 Protocol, although the 2011 Constitutional Declaration recognizes the right of asylum and forbids forcible repatriation of asylum seekers. The GNA has not established a system for protecting refugees or asylum seekers. Absent an asylum system, authorities can detain and deport asylum seekers without their having the opportunity to request asylum. The GNA did not legally recognize asylum seekers without documentation as a class distinct from migrants without residency permits.
Authorities continued to expel migrants and asylum seekers across the country southern borders, and in some areas these activities reportedly increased. In May, UNSMIL noted that at least 1,400 migrants and refugees had been expelled from eastern Libya during the year, contrary to the 2011 Constitutional Declaration. These persons were forcibly deported to Sudan, Chad, Niger, and Somalia.
Due to COVID-19 travel restrictions, refugee resettlement, emergency evacuation, and migrant voluntary humanitarian return flights were temporarily suspended in the second quarter of the year.
Freedom of Movement: Migrants and asylum seekers were generally considered to be illegally present in the country and were subject to fines, detention, and expulsion. Migrants attempting sea crossings on the Mediterranean and who were later intercepted by the Libyan Coast Guard were considered to have violated the law and were often sent to migrant detention facilities in western Libya.
At least 6,000 migrants and asylum seekers were intercepted at sea by the Libyan Coast Guard and returned to the country during the year. UN agencies expressed concern that thousands of these migrants remained unaccounted for after disembarkation and disappeared into informal detention by human-trafficking networks.
Access to Basic Services: Refugees registered with UNHCR may access basic protection and assistance from UNHCR and its partners, but during the year the GNA did not provide refugees with reliable access to health care, education, or other services, given the limitations of its health and education infrastructure.
Libyan national mothers alone are generally unable to transmit citizenship to their children. The law permits female nationals to confer nationality to their children only in certain exceptional circumstances, such as when fathers are unknown, stateless, or of unknown nationality. In contrast, the law provides for automatic transmission of nationality to children born of a Libyan national father, whether the child is born inside or outside of Libya and regardless of the nationality of the mother. There are naturalization provisions for noncitizens.
According to some reports, up to 30 percent of the population in southern Libya are of undetermined legal status, which has fueled discrimination in employment and services. Noncitizens without national identification numbers cannot access basic services; register births, marriages, or deaths; hold certain jobs; receive state salaries; vote; or run for office.
Due to the lack of international monitoring and governmental capacity, there was no comprehensive data on the number of stateless persons.
Section 2. Respect for Civil Liberties, Including:
The constitution explicitly provides for freedom of expression, including for the press, and the government sometimes respected this right. Government threats and actions against media outlets, journalists, and government critics continued, however, and polls suggested that most citizens considered it dangerous to publish information critical of the administration.
Freedom of Speech: On the surface individuals could criticize the government publicly or privately and discuss matters of general public interest. Civil society organizations, however, stated that President Duterte’s public attacks on individuals and international bodies who criticized his policies continued to have a chilling effect on free speech and expression and that laws were increasingly misused against critics of his administration. Civil society organizations expressed concern that the Anti-Terrorism Act of 2020, signed into law on July 3, could be used to suppress speech, including through broad provisions against inciting terrorism. The Bayanihan to Heal As One Act, signed on March 24, punishes individuals for creating, perpetrating, or spreading false information about COVID-19 on social media and other platforms. Public officials continued to file criminal libel and cyber libel complaints against private citizens.
The armed conflict between the government and the NPA, the armed wing of the CPP, is more than a half-century old. The practice of accusing groups and individuals of having ties to the CPP-NPA, or red-tagging, increased significantly after the peace talks broke down in 2017 and President Duterte labeled the CPP-NPA a terrorist organization. According to human rights groups, red-tagging often involves government officials labeling human rights advocates, unions, religious groups, academics, and media organizations as “legal fronts” of the insurgency, allegedly to silence criticism of the government or intimidate opponents in local disputes. Leftist and human rights activists continued to report harassment by persons whom they suspected to be military or government agents, and some red-tagged activists were killed.
Freedom of Press and Media, Including Online Media: Media generally remained active and expressed a wide variety of views without restriction, including criticism of the government, despite critical and threatening comments from political leadership, including the president.
Two major media outfits, however, faced outright restrictions and legal challenges: online news website Rappler and broadcast giant ABS-CBN. The president publicly called out both organizations for alleged wrongdoing: Rappler for its supposed reporting bias and foreign ownership, and ABS-CBN for a number of alleged crimes, including failure to show Duterte’s political advertisements during the 2016 presidential elections, violations of labor laws, foreign ownership, and financial irregularities. Reporters without Borders reported a “grotesque judicial harassment campaign” against Rappler and “threats and intimidation by government agencies and institutions that support Duterte” against ABS-CBN.
Rappler continued to be a target of substantial pressure, including legal and administrative actions, which some observers attributed to its critical coverage of the government. In June, Rappler CEO Maria Ressa and former researcher-writer Reynaldo Santos Jr. were found guilty of cyber libel over a 2012 Rappler story claiming the late Supreme Court justice Renato Corona used vehicles belonging to influential businessmen, including plaintiff Wilfredo Keng. Ressa and Santos posted bail and appealed the conviction. Keng filed a second cyber libel complaint against Ressa in February for her 2019 tweet of screenshots of a now deleted Philippine Star story linking the businessman to the murder of a former Manila councilor. The article at the heart of the original cyber libel complaint was published in May 2012. The cybercrime law was passed in September 2012, but the court concluded that the law still applied because Rappler updated the story in 2014 due to what Rappler claimed was a typographical error. The statute of limitations is also subject to contention (see Libel/Slander Laws below).
In July, in a nominally unrelated case, Ressa was arraigned on a tax evasion charge related to Rappler’s issuance of Philippine depository receipts.
ABS-CBN was forced to stop television broadcasting on May 7 following a cease-and-desist order from the National Telecommunications Commission after the network’s 25-year broadcast franchise license expired. The commission also issued two cease-and-desist orders against broadcasts on the media giant’s two other properties: ABS-CBN TV Plus and satellite service subsidiary Sky Direct. On July 10, a House of Representatives committee voted to deny ABS-CBN’s application for a new 25-year franchise. A special technical working group created by the committee said ABS-CBN’s license did not merit renewal because of the company’s supposed bias, failure to regularize employees, and the alleged dual citizenship of its chairman emeritus Eugenio “Gabby” Lopez III. Several lawmakers filed resolutions seeking investigations into ABS-CBN, including the ownership of its 52,000-square-foot Manila headquarters, an alleged $32.5-million loan write-off from the Development Bank of the Philippines, and its block time agreement with Amcara Broadcasting Corporation. The network had reportedly laid off approximately 5,000 of its 11,000 employees by September due to the shutdown.
Violence and Harassment: Journalists continued to face harassment and threats of violence, including from politicians and government authorities critical of their reporting. A July survey from polling company Social Weather Stations showed that 51 percent of the country’s residents agreed with the statement that “it is dangerous to print or broadcast anything critical of the administration, even if it is the truth.”
As of October the Committee to Protect Journalists, a press freedom NGO, reported that two journalists were killed during the year. On May 5, unidentified gunmen killed radio journalist Cornelio Pepino in Dumaguete City. Negros Oriental Governor Roel Degamo had sued Pepino for defamation, but the radio anchor was acquitted.
A December 2019 report by the Freedom for Media, Freedom for All Network, a group of media NGOs and news organizations, also detailed the “unyielding reign of impunity” since President Duterte took office. It said online journalists were the most attacked media group, followed by radio, print, and then television.
In December 2019 a local court handed down a landmark ruling on the 2009 Maguindanao massacre, in which 32 journalists and 26 other persons died and which was dubbed by the Committee to Protect Journalists as the single deadliest international event for journalists in history. After 10 years brothers Zaldy and Andal Ampatuan, Jr., along with 28 coaccused, were found guilty of 57 counts of murder. As accessories to the crime, 15 others were convicted. The government continued to pursue approximately 80 suspects who remained at large.
In July the Catanduanes provincial legislature declared local radio anchor Ramil Soliveres persona non grata for posting about an unnamed council member missing a health committee hearing. During a speech the local official branded him a “fake news” media worker and called him a “male prostitute” while handing out topless photographs taken from the journalist’s personal Facebook account.
On September 14, two unidentified motorcycle-riding gunmen shot and killed television commentator Jobert Bercasio in Sorsogon City. Bercasio had reported on deforestation and illegal mining in the region and posted a Facebook photograph an hour before his death allegedly showing illegal mining at a local quarry.
Censorship or Content Restrictions: News organizations generally were spared censorship attempts, but media watchdogs noted several instances of alleged government interference.
With the nonrenewal of ABS-CBN’s franchise, the network was forced to move most of its programs online and close down its provincial television and radio stations and its current affairs division; the latter produced political shows and documentaries. Although the president’s office repeatedly distanced the president from the ABS-CBN shutdown, in a July 13 speech to troops in Jolo, he called out ABS-CBN again for allegedly ruining him. His communications team edited the video of the speech to remove any mention of the network, but netizens and journalists discovered the edit. President Duterte also attacked ABS-CBN and its owners during his 2020 state of the nation address.
In March the journalists’ union denounced moves by the Presidential Communications Operations Office and its regional offices to require journalists to seek accreditation to cover the COVID-19 crisis even outside the Luzon quarantine area, calling it a “clear overstretch of the agency’s authority.”
In July police officers confiscated and destroyed thousands of copies of the Pinoy Weekly magazine in Bulacan, calling it “illegal” because it “teaches people to fight the government.” The journalists’ union characterized it as a “clear example of dangers the Filipino people face” from the “vague provisions” of the Anti-Terrorism Act of 2020.
Libel/Slander Laws: Laws stipulate criminal penalties for libel, which authorities used to harass, intimidate, and retaliate against journalists. The statute of limitations for libel in the revised penal code lapses after one year. In the case of Rappler, however, a local court and the Department of Justice stated the statute of limitations should be 12 years because it was “considered as a more serious offense” under the cyber libel law. Experts and legal groups such as the Concerned Lawyers Civil Liberties branded this ruling “unconstitutional.”
With the exception of mobile communications blocked during special events for security purposes, the government did not restrict or disrupt access to the internet. While the government did not overtly censor online content, there were credible reports of government agencies and government-connected groups using coordinated, disguised online behavior to suppress speech critical of the government. On September 22, Facebook announced that it had dismantled several accounts for “coordinated inauthentic behavior.” The fake accounts were allegedly operated by members of the military and police, with content largely revolving around criticism of the political opposition, activism, and communism. The military disputed at least one of the removals, claiming the site was a legitimate attempt to raise awareness of the communist movement’s recruiting tactics.
There were no credible reports that the government monitored private online communication without appropriate legal authority, but student protesters received threats of physical harm and other online attacks from progovernment supporters.
The Bayanihan Act punishes “individuals or groups creating, perpetuating, or spreading false information regarding the COVID-19 crisis on social media or other platforms” that is “clearly geared to promote chaos, panic, anarchy, fear, or confusion.” Offenders face penalties of up to two months in prison or a substantial fine. Between March 9 and April 13, the PNP’s Anti-Cyber Crime Group recorded 24 cases of individuals allegedly sharing false information about the pandemic on social media. Legal groups expressed concern regarding local officials using vague provision on “fake news” in the emergency law. In April, Cebu artist Bambi Beltran was arrested without a warrant for posting a Facebook report about the rising number of COVID-19 cases in Cebu City. Cebu mayor Edgar Labella labeled her post as “fake news.” A Cebu court dismissed Beltran’s case in August for lack of jurisdiction.
On July 16, the National Bureau of Investigation subpoenaed a college student for cyber libel for sharing an online post criticizing former Duterte aide and now senator Christopher Lawrence “Bong” Go. Observers accused government officials of selectively using the cyber libel laws to suppress free expression.
There were no national government restrictions on academic freedom or cultural events; however, the government continued to close schools for indigenous Lumad people on Mindanao (see section 6, Indigenous People).
The constitution provides for the freedoms of peaceful assembly and association, and the government generally respected these rights. Beginning in March, however, the government implemented restrictions on peaceful assembly in response to public health concerns related to the COVID-19 pandemic.
Under Enhanced Community Quarantine rules, mass gatherings were prohibited. Modified Enhanced Community Quarantine rules permitted gatherings of up to five for religious reasons.
On April 1, residents gathered along EDSA highway in Quezon City when rumors spread that food and financial aid were to be distributed. When aid was not delivered, the group began to call on the government to provide assistance. NGOs alleged that police violently dispersed the peaceful gathering, arresting 21 individuals and holding them for five days on charges including “unlawful assembly” and “noncooperation in a health emergency.”
On June 5, police arrested at least eight Anti-Terrorism Act protesters at the University of the Philippines Cebu under the provisions of the Law on Reporting of Communicable Diseases and the Public Assembly Act. On June 26, police dispersed an LGBT Pride protest against the Anti-Terrorism Act. Police arrested 20 demonstrators, charging them with offenses under same laws.
See the Department of State’s International Religious Freedom Report at https://www.state.gov/religiousfreedomreport/.
The constitution provides for freedom of internal movement, foreign travel, emigration, and repatriation, and the government generally respected these rights. Beginning on March 16, however, the government imposed graduated quarantine measures restricting movement in response to the COVID-19 pandemic.
In-Country Movement: The most severe level of lockdown, Enhanced Community Quarantine, remained in place for two months throughout much of Luzon, until May 15. This prohibited individuals from using public transportation or traveling outside their homes except to perform necessary activities, such as purchasing food, essential work duties, or to seek medical care.
Foreign Travel: Government limits on foreign travel were generally based on security or personal safety factors, such as when a citizen had a pending court case, or to discourage travel by vulnerable workers to countries where they could face personal security risks, including trafficking or other exploitation. The Philippine Overseas Employment Administration manages departures for work abroad. It requires overseas workers to register and receive predeparture screening, training, and certification before traveling, and seeks to ensure that future overseas workers deal with legitimate, licensed recruitment agencies.
Decades of sectarian and political insurgency, sporadic interclan fighting, and natural disasters have generated significant internal displacement. The number of internally displaced persons (IDPs) was uncertain and fluctuated widely. Counterinsurgency campaigns against the Abu Sayyaf Group, primarily in Sulu and Basilan Provinces, and clashes with the NPA, concentrated in the most geographically remote provinces, caused sporadic and small-scale displacement. Most IDPs were women and children.
In Mindanao the Office of the UN High Commissioner for Refugees reported that as of August, more than 343,322 persons were displaced and in need of durable solutions, most of whom were located in the Bangsamoro Autonomous Region of Muslim Mindanao. Of those, approximately 188,000 were displaced by natural disasters, 150,000 by armed conflict, 6,600 by clan feuds, 4,600 by crime or violence, and 60,000 due to the COVID-19 pandemic.
Government agencies, often with support from UN agencies and other international donors, provided food (although NGOs noted food aid was sometimes delayed); constructed shelters and public infrastructure; repaired schools; built sanitation facilities; offered immunization, health, and social services; and provided cash assistance and skills training for IDPs. The government permitted humanitarian organizations access to IDP sites. Security forces sometimes carried out military operations near IDP sites, increasing the risk of casualties and damage and restricting freedom of movement. Impoverished IDPs were highly susceptible to human trafficking networks.
At times the government encouraged IDPs to return home, but they were often reluctant to do so for security or welfare reasons.
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, and other persons of concern.
Access to Asylum: No comprehensive legislation provides for granting refugee status or asylum. The Department of Justice’s Refugee and Stateless Persons Protections Unit determines which applicants qualify as refugees in accordance with an established, accessible system that appeared to provide basic due process.
The Department of Justice is responsible for statelessness determinations of persons born in the country and of newly arrived persons. After an applicant files for a determination of statelessness, deportation or exclusion proceedings against the applicant and dependents are suspended, and the applicant may be released from detention. As of July, nine stateless persons were in the country, three of whom were classified as refugees and one as an asylum seeker.
Stateless persons may be naturalized. There were no known cases of social discrimination against stateless persons or limits on their access to public services.
The Philippine and Indonesian governments continued to hold bilateral meetings regarding an agreement on registering persons of Indonesian descent at risk of statelessness in Southern Mindanao. Of those registered, 96 percent had their citizenship confirmed as of December 31, 2019.