Section 2. Respect for Civil Liberties, Including:
a. Freedom of Expression, Including for the Press
The law provides for freedom of expression, including for the press, and the government routinely respected these rights. An independent press, an effective judiciary, and a functioning democratic political system combined to promote freedom of expression, including for the press.
Freedom of Expression: The law prohibits expressions of hatred toward persons because of their color, race, nationality (including citizenship), ethnic or national origin, religion, or sexual orientation as well as any communication that is deemed threatening or abusive and is intended to harass, alarm, or distress a person. The penalties for such expressions include fines, imprisonment, or both.
Press and Media Freedom, Including Online Media: The law’s restrictions on expressions of hatred apply to the print and broadcast media. In Bermuda the law prohibits publishing written words that are threatening, abusive, or insulting, but only on racial grounds; on other grounds, including sexual orientation, the law prohibits only discriminatory “notices, signs, symbols, emblems, or other representations.”
Violence and Harassment: On April 18, freelance reporter Lyra McKee was shot and killed by an unknown assailant in Londonderry, Northern Ireland, while she was covering disturbances related to a police operation. In August, three men were charged with the physical assault on Owen Jones of The Guardian newspaper. The motive for the attack was unknown.
b. Freedoms of Peaceful Assembly and Association
The law provides for the freedoms of peaceful assembly and association, and the government routinely respected these rights.
c. Freedom of Religion
d. Freedom of Movement
The law provides for freedom of internal movement, foreign travel, emigration, and repatriation, and the government routinely respected these rights.
In-country Movement: The home secretary may impose terrorism prevention and investigation measures (TPIMs) based on a “balance of probabilities.” TPIMs are a form of house arrest applied for up to two years to those thought to pose a terrorist threat but who cannot be prosecuted or deported. The measures include electronic tagging, reporting regularly to the police, and facing “tightly defined exclusion from particular places and the prevention of travel overseas.” A suspect must live at home and stay there overnight, possibly for up to 10 hours. Suspects can be sent to live up to 200 miles from their normal residence. The suspect may apply to the courts to stay elsewhere. The suspect may use a mobile phone and the internet to work and study, subject to conditions.
Exile: The law permits the home secretary to impose “temporary exclusion orders” (TEOs) on returning UK citizens or legal residents if the home secretary reasonably suspects the individual in question is or was involved in terrorism-related activity and considers the exclusion necessary to protect persons in the UK from a risk of terrorism. TEOs impose certain obligations on the repatriates, such as periodic reporting to police. The measure requires a court order and is subject to judicial oversight and appeal. Home Secretary Sajid Javid confirmed the Home Office served nine TEOs in 2017; this figure has not been publicly updated.
Citizenship: The law allows the home secretary to deprive an individual of citizenship if officials are satisfied this is “conducive to the public good,” but not if this renders a citizen stateless.
In February the home secretary started the process of revoking the citizenship of Shamima Begum, a 19-year-old from east London. Begum was one of three teenage friends who left the UK in 2015 to join ISIS. She was detained in a Syrian refugee camp. Because Begum was British by birth, the home secretary could only cancel her British citizenship if she were a dual national. The home secretary believed that Begum held dual citizenship with Bangladesh because she was of Bangladeshi heritage. Begum’s lawyers disputed that she had Bangladeshi citizenship.
f. Protection of Refugees
Abuse of Migrants, Refugees, and Stateless Persons: Home Office officials have the power to detain intending asylum seekers and unauthorized migrants who do not enter the asylum system. There was no maximum time limit for the use of detention. Immigration detention was used to establish a person’s identity or basis of claim, to remove a person from the country, or to avoid a person’s noncompliance with any conditions attached to a grant of temporary admission or release.
The government cooperated with the Office of the UN High Commissioner for Refugees and other humanitarian organizations in providing protection and assistance to refugees, asylum seekers, stateless persons, or other persons of concern.
Access to Asylum: In England, Scotland, Wales, and Northern Ireland, the law provides for granting asylum or refugee status, and the government has established a system for providing protection to refugees. Bermuda’s constitution and laws do not provide for granting asylum or refugee status, and the government does not have an established system for providing protection to refugees.
The UK-wide system for processing asylum applications faced criticism in the media. Asylum seekers in Scotland have to travel 220 miles to Liverpool in order to submit evidence for their application, generally at their own expense. This has led to delays and increased hardship on those seeking asylum in Scotland, according to media reports.
Safe Country of Origin/Transit: The country is subject to the EU’s Dublin III regulation and considers all other EU member states to be countries of safe origin or transit. The regulation permits authorities to remove an asylum applicant to another country responsible for adjudicating an applicant’s claim. The government places the burden of proof on asylum seekers who arrive from safe countries of origin, who pass through a country where they are not considered to be at risk, or who remained in the country for a period before seeking asylum.
Employment: Except in limited circumstances, asylum applicants are not allowed to work while their asylum application is under consideration. If the applicant has waited longer than 12 months for the government to make an initial decision on an asylum claim, the applicant may request permission to work. For the duration of their asylum application, asylum seekers are eligible for government support at 30 percent below the normal rate for their family size, an amount which NGOs continued to deem inadequate. NGOs continued to criticize the government for cutting off benefits 28 days after a person is granted refugee status, which they say left some destitute.
In Scotland the devolved government funded the Refugee Doctors’ Program, to help 38 asylum seekers and refugees to work for the National Health Service Scotland. The program offers doctors advanced English lessons, medical classes, and placements with general practitioners or hospitals, providing them with the skills needed to get their UK medical registration approved.
Temporary Protection: The government may provide temporary protection to individuals who may not qualify as refugees under the categories of humanitarian protection and discretionary leave. According to EU data, in 2018 it extended subsidiary protection to 1,295 persons and humanitarian protection to another 1,160.