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

Official websites use .gov

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

Secure .gov websites use HTTPS

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

Algeria

Executive Summary

Algeria is a multiparty republic whose president, the head of state, is elected by popular vote for a five-year term. The president has the constitutional authority to appoint and dismiss cabinet members and the prime minister, who is the head of government. A 2016 constitutional revision requires the president to consult with the parliamentary majority before appointing the prime minister. Presidential elections took place in 2014, and voters re-elected President Abdelaziz Bouteflika for a fourth term. Presidential term limits, which were eliminated in 2008, were reintroduced in the 2016 revision of the constitution and limit the president to two five-year terms. Elections for the lower chamber of parliament were held in May 2017 and did not result in significant changes in the composition of the government. Foreign observers characterized the 2017 legislative elections as largely well organized and conducted without significant problems on election day, but noted a lack of transparency in vote-counting procedures.

Civilian authorities generally maintained effective control over the security forces.

Human rights issues included unlawful interference with privacy; laws prohibiting certain forms of expression, which were often vague, as well as criminal defamation laws; limits on freedom of the press; restrictions on the freedom of assembly and association including of religious groups; official corruption, including perceptions of lack of judicial independence and impartiality; criminalization of consensual same sex sexual conduct and security force sexual abuse of lesbian, gay, bisexual, transgender, and intersex (LGBTI) persons; and trafficking in persons.

The government took steps to investigate, prosecute, or punish public officials who committed violations. Impunity for police and security officials remained a problem, but the government provided information on actions taken against officials accused of wrongdoing.

Section 2. Respect for Civil Liberties, Including:

a. Freedom of Speech and Press

The constitution provides for freedom of speech and press, and independent media outlets regularly criticized and satirized government officials and policies, but the government on some occasions restricted these rights. The government’s actions included harassment of some critics; arbitrary enforcement of vaguely worded laws; informal pressure on publishers, editors, advertisers, and journalists; and control of an estimated 20 percent of the country’s advertising money and printing capabilities. Some media figures alleged the government used its control over most printing houses and large amounts of public sector advertising preferentially, and that the lack of clear regulations over these practices permitted it to exert undue influence on press outlets.

Freedom of Expression: While public debate and criticism of the government were widespread, journalists and activists believed they were limited in their ability to criticize the government publicly on topics crossing unwritten “red lines.” Authorities arrested and detained citizens for expressing views deemed damaging to state officials and institutions, and citizens practiced self-restraint in expressing public criticism. The law criminalizing speech about security force conduct during the internal conflict of the 1990s remained in place, although the government said there had never been an arrest or prosecution under the law. A separate law provides for up to three years’ imprisonment for publications that “may harm the national interest” or up to one year for defaming or insulting the president, parliament, army, or state institutions. Government officials monitored political meetings.

Nongovernmental organizations (NGO’s) reported during the year that following suppression of public activities in years past, they no longer hold events outside of private locations. They also report that owners of public gathering spaces have been told not to rent their locations to certain NGOs.

Press and Media Freedom: The National Agency for Publishing and Advertising (ANEP) controls public advertising for print media. According to the NGO Reporters without Borders, private advertising existed but frequently came from businesses with close links to the ruling political party. Although ANEP said in September that it represented only 19 percent of the total advertising market, nongovernmental sources assessed the majority of daily newspapers depended on ANEP-authorized advertising to finance their operations. ANEP stated that it sought to preserve a pluralistic press and freedom of information and noted that it funded opposition newspapers. The government’s lack of transparency over its use of state-funded advertising, however, permitted it to exert undue influence over print media.

Police arrested blogger Merzoug Touati in January 2017 on charges stemming from his online publication of an interview with a former Israeli diplomat. In May a court sentenced him to 10 years in prison.

Many civil society organizations, government opponents, and political parties had access to independent print and broadcast media and used them to express their views. Opposition parties also disseminated information via the internet and published communiques but stated they did not have access to the national television and radio. Journalists from independent print and broadcast media expressed frustration over the difficulty of receiving information from public officials. With the exception of several daily newspapers, the majority of print media outlets relied on the government for physical printing materials and operations.

Organizations wishing to initiate regular publications must obtain authorization from the government. The law requires the director of the publication to hold Algerian citizenship. The law additionally prohibits local periodicals from receiving direct or indirect material support from foreign sources.

In September the Ministry of Communication stated there were 268 accredited written publications. Of the daily printed publications, the ministry stated six were state-operated.

The ministry’s Media Directorate is responsible for issuing and renewing accreditations to foreign media outlets operating in the country. Although this accreditation is required to operate legally, the vast majority of foreign media were not accredited. While the government tolerated their operations in the past, the Ministry of Communication said in 2016 it would limit the number of private satellite channels to 13 and foreign-based unaccredited television outlets would be shut down. Regulations require the shareholders and managers of any radio or television channel to be Algerian citizens and prohibit them from broadcasting content that offends “values anchored in Algerian society.”

The ministry also issues and renews accreditation of foreign correspondents reporting in the country. According to the ministry, there were 14 accredited foreign press agencies reported during the year. In addition, six private domestic television channels, 12 foreign broadcasting channels, and one foreign radio station–the BBC–operated throughout the year.

The law mandates that online news outlets must inform the government of their activities but does not require them to request authorization to operate.

Censorship or Content Restrictions: Some major news outlets faced direct and indirect retaliation for criticism of the government. Press outlets report taking extra caution before publishing articles critical of the government or government officials for fear of losing revenue from ANEP.

During a media interview, Omar Belhouchet, the editor of El Watan, an independent daily newspaper, said that media companies self-censor regarding certain topics. According to Belhouchet, the government has a monopoly on advertising that it uses to punish those who criticize the government and thus, weakens freedom of expression.

Libel/Slander Laws: NGOs and observers criticized the law on defamation as vaguely drafted and said the definitions in the law failed to comport with internationally recognized norms. The law defines defamation as “any allegation or imputation of a fact offending the honor or consideration of a person, or of the body to which the fact is imputed.” The law does not require that the fact alleged or imputed be false or that the statement be made with malicious intent to damage another individual’s reputation. Defamation is not a crime but carries a fine ranging from 100,000 Algerian dinars (DZD) to DZD 500,000 ($850 to $4,252). The Ministry of Justice did not provide information on the percentage of defamation claims that originated from private citizens, as opposed to government officials. Defamation laws specify that former members of the military who make statements deemed to have damaged the image of the military or to have “harmed the honor and respect due to state institutions” may face prosecution.

Printed editions of the monthly news magazine Jeune Afrique have not been available in the country since April 23. At the end of March, the distributor received a notification from the Ministry of Communication to stop importing Jeune Afrique and other titles published by Jeune Afrique Media Group (The Africa Report and La Revue). The Ministry authorized the import of only 350 copies of Jeune Afriquefor delivery to various institutions. Jeune Afrique online remained available.

The law criminalizes statements denigrating Islam or insulting the Prophet Muhammed or “messengers of God.” In 2016 police in Setif arrested Slimane Bouhafs, a Christian convert, for posting statements on his Facebook page questioning the morals of the Prophet Muhammed. A court sentenced him to five years in prison, plus a DZD 100,000 ($850) fine. His sentence was subsequently reduced to three years in prison, and he was released in April.

INTERNET FREEDOM

The government monitored certain email and social media sites.

Internet users regularly exercised their right to free expression and association online, including through online forums, social media, and email. Activists reported that some postings on social media could result in arrest and questioning; observers widely understood that the intelligence services closely monitored the activities of political and human rights activists on social media sites, including Facebook.

The law on cybercrime establishes procedures for using electronic data in prosecutions and outlines the responsibilities of Internet Service Providers (ISPs) to cooperate with authorities. Under the law, the government may conduct electronic surveillance to prevent terrorist or subversive acts and infractions against state security, pursuant to written authorization from a competent judicial authority.

By law ISPs face criminal penalties for the material and websites they host, especially if subject matters are “incompatible with morality or public opinion.” The Ministries of Justice, Interior, and Post, Information Technology, and Communication have oversight responsibilities. The law provides sentences of six months to five years in prison and fines between DZD 50,000 and DZD 500,000 ($425 and $4,252) for users who do not comply with the law, including the obligation to cooperate with law enforcement authorities against cybercrime.

For a second year, the government blocked access to social media sites, including Facebook and Twitter, for several days during nationwide high school exams. The decision was in response to previous leaks of exam materials, which were posted on social media.

According to the International Telecommunication Union, 45 percent of the population used the internet in 2017.

ACADEMIC FREEDOM AND CULTURAL EVENTS

Academic seminars generally occurred with limited governmental interference. The Ministry of Culture reviewed the content of films before they could be shown, as well as books before importation. The Ministry of Religious Affairs did the same for all religious publications. The law gives the authorities broad power to ban books that run counter to the constitution, “the Muslim religion and other religions, national sovereignty and unity, the national identity and cultural values of society, national security and defense concerns, public order concerns, and the dignity of the human being and individual and collective rights.” It further prohibits books that “make apology for colonialism, terrorism, crime, and racism.”

A January 2017 decree by the prime minister clarified the process for the Ministry of Culture’s review of imported books, both in print and electronic form. According to the decree, importers must submit to the ministry the title, author’s name, editor’s name, edition, year, International Standard Book Number, and number of copies to be imported. Importers of books covering the “national movement and the Algerian Revolution” must submit the entire text of the books for review, including a secondary review by the Ministry of the Moudjahidine (veterans of the Revolution). The Ministry of Culture can also require a full content review of books on other topics if it chooses. The ministry has 30 days to review the importation application; in the absence of a response after 30 days, the importer may proceed with distribution of the publication. After making a determination, the ministry notifies the customs service of the decision to allow or ban the importation of the publication. Appeals may be made to the ministry, with no independent or judicial review provided for in the decree.

A January 2017 decree established a commission within the Ministry of Religious Affairs to review imports of the Quran. This decree requires all applications to include a full copy of the text and other detailed information. The ministry has three to six months to review the text, with the absence of a response after that time constituting a rejection of the application. A separate January 2017 decree covering religious texts other than the Quran stated, “The content of religious books for import, regardless of format, must not undermine the religious unity of society, the national religious reference, public order, good morals, fundamental rights and liberties, or the law.” The importer must submit the text and other information, and the ministry must respond within 30 days. A nonresponse after this period of time is considered a rejection. Religious texts distributed without authorization may be seized and destroyed.

On May 14, local authorities prohibited a gathering by novelist Hiba Tayda in Tizi Ouzou. Local authorities refused the follow on request for another event.

b. Freedom of Peaceful Assembly and Association

Although the constitution provides for freedom of peaceful assembly and association, the government severely restricted the exercise of these rights.

FREEDOM OF PEACEFUL ASSEMBLY

The constitution provides for the right of peaceful assembly, but the government continued to curtail this right. A ban on demonstrations in Algiers remained in effect. Authorities utilized the ban to prohibit assembly within the city limits. Nationwide, the government required citizens and organizations to obtain permits from the national government-appointed local governor before holding public meetings or demonstrations. The government restricted licenses to political parties, NGOs, and other groups to hold indoor rallies or delayed permission until the eve of the event, thereby impeding publicity and outreach efforts by organizers.

Hotels in Algiers and other major cities continued their practice of refusing to sign rental contracts for meeting spaces with political parties, NGOs, and civil associations without a copy of written authorization from the Ministry of Interior for the proposed gathering. NGOs reported instances of not receiving the written authorization in time to hold planned meetings. NGOs reported that the government threatened hotel and restaurant owners with penalties if they rented rooms to NGOs without official authorization. In most cases, the NGOs continued to hold their meetings and police came to the hotels to end the gatherings.

In July, Algerian League for the Defense of Human Rights (LADDH) and 15 representatives from other NGOs gathered at a hotel in Oran to discuss migration. Security services prevented the meeting from taking place “in the absence of an official authorization.” The attendees moved their meetings elsewhere and were followed by police who ordered them to disperse.

Throughout the year police dispersed unauthorized gatherings or prevented marching groups of protesters from demonstrating. Police typically dispersed protesters shortly after a protest began and arrested and detained organizers for a few hours. Human Rights Watch, Amnesty International, and other NGOs criticized the government’s use of the law to restrict peaceful assembly.

In September a group of military veterans organized a protest in Algiers, prompting a crackdown by authorities. Press reported 107 protestors were injured along with 51 police and gendarmes.

FREEDOM OF ASSOCIATION

The constitution provides for the right of association, but the government restricted this right.

The law’s extensive requirements and uneven enforcement served as major impediments to the development of civil society. The law grants the government wide-ranging oversight of and influence in the day-to-day activities of civil society organizations. It requires national-level civil organizations to apply to the Ministry of Interior for permission to operate. Once registered, organizations must inform the government of their activities, funding sources, and personnel, including notification of personnel changes. The law imposes an additional requirement that associations obtain government preapproval before accepting foreign funds. If organizations fail to provide required information to the government or attempt to operate with or accept foreign funds without authorization, they are subject to fines between DZD 2,000 and DZD 5,000 ($17 and $43) and up to six months’ imprisonment.

According to the law, associations that apply for accreditation are entitled to receive a response within two months for national organizations, 45 days for interregional-level associations, 40 days for province-level associations, and 30 days for communal organizations. While the Ministry of Interior oversees the accreditation process for most associations, the president of a local assembly approves applications for communal associations.

The Ministry of Interior may deny a license to or dissolve any group regarded as a threat to the government’s authority or to public order, and on several occasions failed to grant, in an expeditious fashion, official recognition to NGOs, associations, religious groups, and political parties. According to the ministry, organizations receive a receipt after submitting their application for accreditation, and after the time periods listed above, this slip is legally sufficient for them to begin operating, to open a bank account, and to rent office or event space. The law does not explicitly include this provision. If the application is approved, the ministry issues a final accreditation document.

Many organizations reported that they never received a deposit slip and that even with the receipt; it was difficult to conduct necessary administrative tasks without formal accreditation. Other organizations reported they never received any written response to their application request even after calling the ministry and trying to register at local police stations. The ministry maintained that organizations that were refused accreditation or that did not receive a response within the specified time period could appeal to the State Council, the administrative court responsible for cases involving the government.

The ministry did not renew the accreditations of the NGOs SOS Disparus (SOS Disappeared), Djazairouna, the LADDH, the National Association for the Fight Against Corruption, and the Youth Action Movement, all of which submitted their renewal applications in prior years.

The government issued licenses and subsidies to domestic associations, especially youth, medical, and neighborhood associations. According to the Ministry of Interior, there were 108,940 local and 1,293 national associations registered as of 2016. Unlicensed NGOs remained active, but rarely received government assistance, and citizens at times hesitated to associate with these organizations.

c. Freedom of Religion

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

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

The constitution provides for freedom of internal movement, foreign travel, emigration, and repatriation, but the government restricted the exercise of this right.

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

Abuse of Migrants, Refugees, and Stateless Persons: In June the Associated Press (AP) reported that the government had forced an estimated 13,000 migrants over the previous 14 months to walk from Guezzam, Algeria, to Assamakka, Niger as part of the repatriation process. According to AP reports, some migrants died during the 20-kilometer desert march.

In-country Movement: The constitution provides citizens “the right to freely choose their place of residence and to move throughout the national territory.” The government requires that foreign diplomats and private sector personnel have armed security escorts from the government should members of these groups travel outside of Algiers wilaya (province), El-Oued, and Illizi, near hydrocarbon industry installations and the Libyan border, respectively. Citing the threat of terrorism, the government also prevented overland tourist travel between the southern cities of Tamanrasset, Djanet, and Illizi. Newspapers reported that the government restricted foreign tourists from traveling through trails in Tassili and Hoggar, as well as certain areas in and around Tamanrasset, due to security concerns.

Foreign Travel: The constitution states that the right to enter and exit the country is provided to citizens. The law does not permit those under age 18 to travel abroad without a guardian’s permission. Married women under 18 may not travel abroad without permission from their husbands, but married women older than 18 may do so. The government did not permit young men eligible for the draft who had not completed their military service to leave the country without special authorization. The government granted such authorization to students and persons with special family circumstances.

PROTECTION OF REFUGEES

According to UNHCR’s March report on Sahrawi refugees in Tindouf, the government protected a significant number of refugees in five camps in Tindouf and a smaller urban refugee population, primarily in Algiers. The report noted the refugee population included Syrians, (an estimated 85 percent), Yemenis, Congolese, Ivoirians, Palestinians, Malians, Central Africans, and other nationalities. UNHCR, the World Food Program (WFP), UNICEF, the Algerian Red Crescent, the Sahrawi Red Crescent, and other organizations assisted Sahrawi refugees. The government said that a drop in aid from international donors led to worsening conditions for Sahrawi refugees, and that it had increased its own contributions as a result.

Refoulement: The government provided some protection against the expulsion or return of refugees to countries where their lives or freedom would be threatened because of their race, religion, nationality, membership in a particular social group, or political opinion. Since the outbreak of violence in northern Mali in 2012, international observers reported an influx of individuals into Algeria across the Malian border inconsistent with traditional migratory movements. During the year, the government deported migrants to Mali.

According to the International Organization for Migration (IOM), the government repatriated 35,113 Nigeriens (including 16,478 women and children) from December to August, pursuant to a bilateral agreement at the request of the Nigerien government. Various international humanitarian organizations and observers criticized the operations, citing unacceptable conditions of transport, primarily on the Niger side of the border, and what they described as a lack of coordination among the Algerian Red Crescent, the government of Niger, and the Red Cross of Niger. The National Human Rights Committee (CNDH) said the government had dedicated $12 million to ensure the human rights of migrants during repatriation operations (to include accommodation, food, clothing, health care, medicines, and transportation). The repatriations were conducted in coordination with consular officials from the countries of origin of the migrants, but the migrants were not permitted to challenge their removal. The government said that it maintained a policy of not removing migrants registered with UNHCR, and that in a few cases it worked with UNHCR to return registered refugees who were mistakenly removed.

According to a 2018 report by the IOM, Algeria has expelled 35,600 Nigeriens to Niger since 2014–more than 12,000 in 2018–as well as more than 8,000 migrants from other African countries.

Access to Asylum: While the law provides generally for asylum or refugee status, the government has not established a formal system through which refugees can request asylum. There were no reports that the government granted refugee status and asylum to new refugee applicants during the year. According to UNHCR, the government did not accept UNHCR-determined refugee status for individuals. UNHCR offices in Algiers reported an estimated 200 to 300 asylum requests per month, mostly from Syrian, Palestinian, and sub-Saharan African individuals coming from Mali, Guinea, Central African Republic, Cote d’Ivoire, and the Democratic Republic of the Congo (DRC). Those determined by UNHCR to have valid refugee claims were primarily from the DRC, Cote d’Ivoire, Iraq, and the Central African Republic. There was no evidence of any pattern of discrimination toward asylum applicants, but the lack of a formal asylum system made this difficult to assess.

UNHCR registered more than 10,000 Syrians, but fewer than 7,000 remained registered with UNHCR as of September. The Algerian Red Crescent, which is subordinate to the Ministry of Solidarity, maintained “welcome facilities” that provided food and shelter for those Syrians without means to support themselves. The facilities were located in Sidi Fredj. The government did not grant UNHCR access to these reception centers but reported that by 2016 most Syrians no longer used the centers.

The Ministry of Interior reported in March to a Senate session that approximately 500 illegal migrants try to enter the country daily along the country’s southern borders.

Employment: The government does not formally allow refugee employment; however, many worked in the informal market and were at risk of labor exploitation due to their lack of legal status in the country. Other migrants, asylum seekers, and Malians and Syrians who had a “special status” with the government, relied largely on remittances from family, the support of local family and acquaintances, and assistance from the Algerian Red Crescent and international aid organizations.

Access to Basic Services: UNHCR provided registered refugees with modest food assistance and lodging support. Sahrawi refugees lived predominantly in five camps near the city of Tindouf, administered by the Popular Front for the Liberation of the Saguia el Hamra and Rio de Oro (Polisario). The Polisario (through the Sahrawi Red Crescent Society), UNHCR, WFP, UNICEF, and partner NGOs provided basic services including food aid, primary health care, and primary and secondary education, while the government invested heavily in developing the camps’ infrastructure and also provided free secondary and university educations, as well as advanced hospital care, to Sahrawi refugees. The remote location of the camps and lack of government presence resulted in a lack of access by police and courts. Other refugees, asylum seekers, and migrants had access to free public hospitals, but independent NGOs reported instances of migrants turned away.

School administrators must allow migrant and refugee children to enroll in primary school through high school and require only that they present their passport and documentation showing their level of schooling from their home country. International organizations reported some children had trouble in their attempts to integrate into the educational system but that migrants’ access to education was improving, particularly in the north of the country. These organizations reported that migrant parents were often reluctant to enroll their children in Algerian schools due to language barriers or cultural differences. NGOs also indicated that some migrants were denied treatment at healthcare facilities.

Durable Solutions: The government did not accept refugees from foreign countries for resettlement. The Sahrawi refugees had not sought local integration or naturalization during their 40-year stay in the refugee camps near Tindouf, and the Polisario Front continued to call for a referendum on independence in Western Sahara.

Temporary Protection: The law does not address formal temporary protection, but authorities provided informal, temporary protection to groups such as Syrians and Malians.

Egypt

Executive Summary

According to its constitution, Egypt is a republic governed by an elected president and unicameral legislature. Presidential elections were held in March. Prior to the presidential elections, challengers to the incumbent president Abdel Fattah al-Sisi pulled out, citing personal decisions, political pressure, legal troubles, unfair competition, and in some cases they were arrested for alleged violations of candidacy prohibitions for military personnel. Domestic and international organizations expressed concern that government limitations on association, assembly, and expression severely constrained broad participation in the political process. Domestic and international observers concluded that government authorities professionally administered parliamentary elections in 2015 in accordance with the country’s laws, while also expressing concern about restrictions on freedom of peaceful assembly, association, and expression and their negative effect on the political climate surrounding the elections.

Civilian authorities maintained effective control over the security forces.

Since President Sisi requested parliament to approve a state of emergency (SOE) after the April 2017 terrorist attack on Coptic churches, he has requested and parliament has ratified SOEs with one- or two-day gaps between every two SOE periods to meet the legal requirement that SOEs may only be renewed once.

Human rights issues included unlawful or arbitrary killings by the government or its agents and terrorist groups; forced disappearances; torture; arbitrary detention; harsh and life-threatening prison conditions; arbitrary arrest and detention; political prisoners; arbitrary or unlawful interference with privacy; undue restrictions on free expression, the press, and the internet, including censorship, site blocking, and criminal libel; substantial interference with the rights of peaceful assembly and freedom of association, including government control over registration and financing of nongovernmental organizations (NGOs); restrictions on political participation; use of the law to arbitrarily arrest and prosecute lesbian, gay, bisexual, transgender, and intersex (LGBTI) persons; violence targeting LGBTI persons and members of other minority groups, and use of forced or compulsory child labor.

The government inconsistently punished or prosecuted officials who committed abuses, whether in the security services or elsewhere in government. In most cases the government did not comprehensively investigate allegations of human rights abuses, including most incidents of violence by security forces, contributing to an environment of impunity.

Attacks by terrorist organizations caused arbitrary and unlawful deprivation of life. Terrorist groups conducted deadly attacks on government, civilian, and security targets throughout the country, including places of worship. Authorities investigated terrorist attacks and prosecuted alleged perpetrators.

Section 2. Respect for Civil Liberties, Including:

a. Freedom of Speech and Press

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.

Freedom of Expression: 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. Individuals also faced societal and official harassment for speech viewed as sympathetic to the MB, such as using a hand gesture showing four fingers, a reference to the 2013 security operation to disperse the sit-in at Rabaa al-Adawiya Square.

The law provides a broad definition of terrorism, to include “any act harming national unity or social peace.” The president stated that lying is a form of terrorism. Human rights observers expressed concern that authorities could use the ambiguous definition to stifle nonviolent speech and nonviolent opposition activity.

On May 11, authorities arrested Amal Fathy on charges of abusing a means of communication and publishing a video containing false news after she uploaded a video to her personal Facebook account in which she described her experiences with sexual harassment in the country. Fathy was convicted and received a suspended two-year prison sentence and fine on September 29. Authorities also referred her to State Security Prosecution on charges including joining a banned group and using a website to promote ideas and beliefs advocating the commission of terrorist acts. On December 30, an appeals court upheld the conviction.

On May 30, a Cairo criminal court ordered the travel ban against author Ahmed Naji lifted; after several months’ delay, authorities allowed him to travel in September. The order followed the conclusion of his retrial on April 24 in which authorities fined him 20,000 Egyptian pounds (LE) ($1,120). In 2016 authorities sentenced Naji to two years in prison on charges of violating public morals based on the publication of an excerpt of his novel, The Use of Life, which contained explicit descriptions of sexual acts and illegal drug use. In May 2017 the Court of Cassation cancelled the sentence against Naji and ordered his retrial.

Press and Media Freedom: Independent media were active and expressed a variety of views but with significant restrictions. Independent media reported that entities wholly or partially owned by the intelligence services assumed control of several independent media companies throughout the year. The constitution, penal code, and 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 and those of opposition political parties. The law does not impose restrictions on newspaper ownership.

The 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.

On September 1, the president ratified a new media regulation law. Egyptian and international rights organizations criticized elements of the law, including the size of the registration fees, as well as a requirement to treat social network accounts with more than 5,000 followers as media outlets. Under the law the Supreme Media Regulatory Council could block or shut such social media accounts if it deemed they published or broadcast false news. In October the council announced it would begin accepting applications, although the government had not yet issued executive implementing regulations. In response on November 5, Katib, a site launched by the Arabic Network for Human Rights Information in June documenting rights violations, announced it was freezing operations indefinitely in protest of what it considered an opaque registration process.

As of December the Committee to Protect Journalists reported there were 25 imprisoned journalists in the country.

According to press reports and human rights defenders, between February 4 and May 23, authorities detained at least 18 journalists, bloggers, researchers, and students on charges including spreading false news and joining a banned group. The defendants were charged under two cases, 621/2018 and 441/2018, and included prominent blogger Wael Abbas; documentary filmmaker Momen Hassan; University of Washington, Seattle, doctoral student Walid al-Shobaky; satirist Shady Abu Zeid; chief editor of the Masr al-Arabiya news site Adel Sabri; and former Constitution Party leader Shady al-Ghazaly Harb. According to rights groups, several of the detainees were forcibly disappeared. Several remained in custody at year’s end, and detention renewal hearings continued. On December 3, a Cairo appellate court upheld a verdict to release Abbas, Hassan, and al-Shobaky on probation pending investigations.

On September 24, security forces raided the headquarters of privately owned al-Mesryoon newspaper and placed it under the managerial and editorial control of the governmental Akhbar El Youm Foundation. The raid followed a September 11 decision by the Inventory, Seizure, and Management Committee of Terrorist Groups Funds to seize the assets of the newspaper’s publishing company.

On May 22, a military court sentenced journalist Ismail Alexandrani to 10 years in prison. Authorities had detained the Egyptian investigative researcher in 2015 at Hurgada Airport upon his return from Berlin. In 2016 a court ordered his release, but authorities successfully appealed the release order. In December 2017 State Security Prosecution referred Alexandrani’s case to the military prosecutor. According to local rights groups, Alexandrani was under investigation for “reporting false news” and “joining a banned group.” Alexandrani’s reporting and scholarly work focused on Sinai.

On December 3, a court ordered a 45-day extension to al-Jazeera journalist Mahmoud Hussein’s pretrial detention. In 2016 authorities arrested Hussein in Cairo, accusing him of disseminating false news and receiving monetary funds from foreign authorities to defame the state’s reputation. Subsequently, authorities have held him in pretrial detention, and, according to press reports, he has yet to face formal charges.

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 February 20, authorities detained Bel Trew, a British reporter with the Times of London who had been living in Cairo since 2013, and deported her to London. According to press reports and the government, authorities arrested her after she conducted an interview with the relative of a man who died on a migrant boat to Europe. According to Trew’s public statements, authorities said she could stay for a military trial or leave the country. The government stated that Trew did not have the proper permit to conduct journalistic activities at the time. Trew said that she had applied for a 2018 annual press permit, but the government had not yet issued these, instead requiring journalists to apply for monthly temporary permits in the intervening time.

Censorship or Content Restrictions: Official censorship occurred. The SOE 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.

On April 12, State Security Prosecution summoned the editor in chief of al-Masry al-Youm and seven of the newspaper’s correspondents as part of investigations into a headline the paper published during presidential elections. The headline, “The State is Amassing Voters on Final Day of Polling,” appeared in the first edition of the March 29 paper. Authorities released the group pending further investigations. On April 1, the Supreme Council for Media Regulation fined the paper LE 150,000 ($8,380), ordered the paper to publish an apology, and referred the editor in chief to investigation by the Journalists’ Syndicate. On April 4, the paper’s board of directors ordered his dismissal.

Some activists and many journalists reported privately they self-censored criticism of the government or comments that could be perceived as sympathetic to the MB, due to the overall anti-MB and progovernment media environment. Publishers were also wary of publishing books that criticized religious institutions, such as al-Azhar, or challenged Islamic doctrine.

In January the Censorship of Artistic Works Authority confirmed to media it would confiscate any books at the annual Cairo International Book Fair that included MB or terrorist ideology.

Libel/Slander Laws: Local and international rights groups reported several cases of authorities charging and convicting individuals with denigrating religion under the so-called blasphemy law, primarily targeting Christians but also Muslims.

On May 3, police arrested blogger Sherif Gaber and detained him for four days on denigration of Islam charges. A Salafist lawyer had filed a complaint against him a few weeks prior accusing him of insulting the Islamic religion and sharia, disrupting communal peace, inciting strife in society, denying the definite truth of Islam, and criticizing the Prophet Muhammad in his YouTube videos. Gaber was arrested for similar charges in 2015 and 2013.

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 March 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.

Judges may issue restraint 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.

In August prosecutors ordered satirical blogger Islam al-Refai, known as Khorm, detained for 15 days. Khorm, who ran a satirical Twitter account with 75,000 followers, had been detained since November 2017 in a separate case involving charges of belonging to a banned group and spreading false news. He was due for release on bail when prosecutors added him to Case 441/2018 (see above). According to his lawyer, a State Security investigation report accused Khorm of “communication with AI and HRW from his place of detention” and described the two organizations as having an “antagonistic position [to the Egyptian state].” He remained in detention at year’s end.

On July 15, HRW published a report claiming that authorities used counterterrorism and state-of-emergency laws and courts unjustly to prosecute journalists, activists, and critics for their peaceful criticism. The report documented nine ongoing court cases since 2017 involving 36 defendants, including activists, bloggers, and journalists, who authorities detained and investigating under the country’s counterterrorism law.

INTERNET FREEDOM

The constitution protects the right to privacy, including on the internet. The constitution provides for the confidentiality and “inviolability” of postal, telegraphic, and electronic correspondence; telephone calls; and other means of communication. They may not be confiscated, revealed, or monitored except with a judicial order, only for a definite period, and only in cases defined by law. The constitution prohibits the government from “arbitrarily” interrupting, disconnecting, or depriving citizens seeking to use all forms of internet communications.

Despite legal protections, the government restricted and disrupted access to the internet and censored online content. There were credible reports the government monitored private online communications without appropriate legal authority. 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.

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.

The cybercrime law, ratified by the president in August, 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 did not issue implementing regulations for the law by year’s end.

On May 26, an administrative court issued a final ruling ordering regulators to block YouTube for one month. In 2013 a lower court ordered the site blocked for hosting a short film purportedly denigrating the Prophet Muhammad, but the National Telecommunications Regulatory Authority appealed. The ruling has not yet been enforced.

There were reports the government temporarily blocked access to internet messaging applications. On February 2, authorities blocked the Accelerated Mobile Pages Project, a Google-led open source website publishing tool.

On July 7, a Cairo misdemeanor court sentenced Lebanese tourist Mona el-Mazbouh to eight years in prison on charges of defaming religion, insulting the president, and insulting the Egyptian people. The sentence was appealed and reduced to a one-year suspended sentence on September 9. The charges stemmed from a video she posted to her Facebook account in May in which she complained about sexual harassment and used profane language to describe the country. In June authorities arrested El-Mazbouh at the airport as she prepared to depart the country.

The government attempted to disrupt the communications of terrorist groups operating in Sinai by cutting mobile services, internet, and sometimes landlines. Cuts generally occurred daily from 6 a.m. to 6 p.m. Networks were again fully accessible at approximately 8 p.m. and sometimes later. Cuts also disrupted operations of government facilities and banks.

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 could lead to lack of online anonymity. Individuals widely used social media sites, such as Twitter and Facebook, to spread criticism of the government and security forces.

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, Discrimination, and Other Abuses Based on Sexual Orientation and Gender Identity).

As of September the government had blocked more than 490 websites without providing a clear legal basis or authority responsible for the blocks, according to the Association for Freedom of Thought and Expression. The blocked sites included international NGOs, local human rights NGOs, and numerous virtual private network services. Some blockages appeared to respond to critical coverage of the government. For example, on June 25, the Arabic Network for Human Rights Information launched a website, Kateb, focusing on human rights violations. It was blocked nine hours later.

In 2017 the news website Mada Masr sued the government seeking information on why it was blocked. On September 30, the Court of Administrative Justice referred the case for technical review by the Justice Ministry’s Authority of Experts. Defense lawyers claimed it could take years to examine the case.

According to the International Telecommunication Union, 39 percent of the population used the internet in 2017. Media reported 1.7 million active users on Twitter and stated 37 million persons used Facebook.

ACADEMIC FREEDOM AND CULTURAL EVENTS

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. According to media and local rights groups, a degree of self-censorship, similar to that reported by nonacademic commentators, existed when academics publicly commented on sensitive political and socioeconomic issues. Faculty members needed security agency approval to travel abroad for academic purposes. Faculty and officials at public universities and research centers also must obtain Ministry of Foreign Affairs permission to travel abroad.

There was censorship of cultural events. A prime ministerial decree issued in June 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 new 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 Ministry of Interior 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 18, authorities arrested film editor Ahmed Tarek. According to his lawyer, authorities held Tarek incommunicado at National State Security headquarters until February 21. Tarek faced charges of spreading false news and joining a group established contrary to the provisions of the law. The charges stemmed from his work on a documentary, Minus 1,095 Days, which sought to rebut claims in a state-produced film highlighting President Sisi’s accomplishments called 1,095 Days. He remained in pretrial detention as of December 19.

On June 14, the Central Administration for the Control of Audiovisual Works reversed a decision to ban the film Karma after deciding to withdraw its screening license several days earlier for undisclosed reasons. Karma addressed several controversial topics, including interfaith marriage and corruption. In response to the initial ban, members of the Film Committee of the Supreme Council of Culture had threatened to resign.

b. Freedom of Peaceful Assembly and Association

The government restricted freedoms of peaceful assembly and association.

FREEDOM OF PEACEFUL ASSEMBLY

The constitution provides for freedom of assembly “according to notification regulated by law.” Authorities implemented an amended 2013 demonstrations law that 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. In 2017 the government imposed an exclusion zone of 2,600 feet (790 meters) around vital governmental institutions in which protests are prohibited.

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 cases using force, including in cases of small groups of protesters demonstrating peacefully.

The number of persons arrested under the protest law was not publicly available, although research center Daftar Ahwal reported at least 37,000 cases of individuals stopped, arrested, or charged under the protest law between November 2013 and September 2016. Authorities charged 15,491 individuals under the protest law, resulting in 6,382 convictions and 5,083 acquittals.

On May 12, police arrested 22 persons protesting increased metro fares but released 12 of them the same day. The remaining 10 faced charges of disrupting public transport. Authorities released them on May 16. On May 14, State Security ordered 20 more persons detained for playing a role in the protests. They faced charges of disturbing the peace and obstructing public facilities. Among those arrested was lawyer and labor activist Haytham Mohamedeen, who was released on October 30, although charges remain pending.

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 held such individuals under charges of attending an unauthorized protest, incitement to violence, or “blocking roads.” This included prominent activist Alaa Abdel Fattah, who was convicted in 2015 of breaking the demonstrations law related to his participation in a protest in front of the Shura Council in 2013. In 2017 the Court of Cassation reduced the prison sentence of prominent activist Abdel Fattah from five years’ “rigorous” imprisonment to five years’ imprisonment followed by five years of probation. No further appeals are possible. In 2015 the Cairo Criminal Court sentenced Abdel Fattah to five years in prison on charges of breaking the demonstrations law related to his participation in a protest in front of the Shura Council in 2013.

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.

Since their release from prison in January 2017 after completing three-year sentences for violating the protest law, activists Ahmed Maher and Mohamed Adel remained on probation with terms requiring them to reside in the local police station from 6 p.m. to 6 a.m. each day. On June 19, when Adel reported for his nightly stay, he was detained after a local storeowner filed a legal complaint accusing Adel of inciting antistate sentiments in 14 posts on Facebook. In July he was sentenced to a 15-day detention order.

According to press reports, student groups focused on entertainment while political activities virtually disappeared in light of pressure from authorities and the threat of arrest. Authorities allowed students to protest the move of the U.S. Embassy from Tel Aviv to Jerusalem, but authorities tightly controlled and managed such protests. Universities held student union elections in December 2017 for the first time in two years.

FREEDOM OF ASSOCIATION

The constitution provides for freedom of association. The law governing associations, however, significantly restricts this right.

In 2017 the government enacted a new NGO law, which remained unimplemented by year’s end. Local and international NGOs stated the law if implemented could make it impossible for them to operate independently. In November, President Sisi stated he recognized the law’s shortcomings and directed the Ministry of Social Solidarity to chair a committee to draft amendments in consultation with civil society and submit the amendments to parliament. The 2017 law includes the creation of a new administrative body that includes members of security services and can regulate all NGOs that receive foreign funding and reject registration applications by not responding for 60 days; rules targeting all aspects of NGO work; and prison sentences among the penalties for violations. Throughout the year the Ministry of Social Solidarity continued to apply the previous NGO law on international and domestic organizations receiving international funding, denying government approval of programs that domestic and international organizations sought to implement, or granting governmental approval after lengthy delays (which in some cases amounted to effective denials). Rights groups reported several incidents of security services ordering cancellation of planned training programs or other events. On June 2, the Supreme Constitutional Court ruled an article of the previous NGO law, which gives the Minister of Social Solidarity the right to dissolve NGOs, was unconstitutional.

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.”

In a series of raids on November 1, security forces arrested Hoda Abdel Moneim, a former member of the NCHR and at least 30 others, including staff members of the human rights NGO ECRF and unaffiliated lawyers and activists. ECRF subsequently announced it was suspending its operations citing the arrest of Abdel Moneim as well the March arrest of ECRF leader Ezzat Ghoneim (see section 2.b.).

Ibrahim Metwally Hegazy, founder of the Association of the Families of the Disappeared, remained in detention. Authorities arrested him in September 2017, at the Cairo International Airport and initially held him incommunicado. Hegazy was traveling to Geneva to participate in the UN Working Group on Enforced and Involuntary Disappearances. The charges against him included “communicating with a foreign body to harm the Egyptian national interest.” In September 2017 Hegazy told his lawyers authorities tortured him during the first three days they held him.

On April 5, the Court of Cassation overturned the conviction of 16 mostly foreign NGO workers sentenced in 2013 for operating unlicensed organizations and receiving foreign funding without government permission. They were to be retried along with 27 other NGO workers convicted in their absence in the same case. On December 20, a court acquitted 41 defendants; the status of the remaining two was unclear as of the end of the year.

The MB, the MB-affiliated Freedom and Justice Party, and its NGO remained illegal, and the MB was a legally designated terrorist organization.

Authorities continued investigations of local NGOs that received foreign funding under a case originally brought in 2011. On June 20, authorities released Nazra for Feminist Studies founder Mozn Hassan on bail; her charges included receiving foreign funding to harm national security in connection with her NGO. On May 27, authorities questioned Magda Adly and Suzanne Fayyad, founders of the el-Nadeem Center for the Rehabilitation of Victims of Violence, on charges of establishing an entity in violation of the civil society law and publishing information that was harmful to the state.

On May 21, authorities released Hossam Eddin Ali, executive director of the Egyptian Democratic Institute, on bail. He faced charges of harming national security and receiving foreign funds.

In February 2017 authorities closed the offices of el-Nadeem Center for the Rehabilitation of Victims of Violence (also registered under the name el-Nadeem for Psychological Rehabilitation), which documents torture and other forms of abuse and provides counseling for torture and rape victims. In early 2016 the center received administrative closure orders from three governmental bodies, and in late 2016 authorities froze its assets. The organization asserted the closure was politically motivated, targeting el-Nadeem because of its work on torture, deaths in detention, and impunity for these crimes. A court case brought by Nadeem challenging the closure order continued; the most recent hearing was December 5, wherein the court postponed a decision until December 26. The organization continued to operate in a limited capacity.

c. Freedom of Religion

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

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

The 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. 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. Authorities maintained a “no-fly” list that prevented some defendants in court cases from fleeing the country.

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.

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, stating it was to protect their safety, although it began organizing some supervised visits for journalists to North Sinai in July.

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: Guinea, Indonesia, Iraq, Jordan, Lebanon, Libya, Malaysia, Qatar, South Africa, South Korea, Sudan, Syria, Thailand, Turkey, Georgia, 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.

The government increasingly imposed travel bans on human rights defenders and political activists charged with offenses or under investigation. In 2016 Mada Masr reported there had been 554 cases of politically motivated banned entry and exit imposed by authorities in airports since 2011. Local human rights groups maintained authorities used travel bans to intimidate and silence human rights defenders, including individuals connected with NGOs facing investigation as part of the reopened NGO foreign-funding case. A September 4 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. In 2015 authorities prevented Abdel Fattah from departing the country and informed her that authorities had issued a travel ban in her name. She filed a lawsuit to challenge the ban, but the court dismissed the suit. In September 2017 authorities referred a case regarding comments she made on social media for military prosecution. No further information on the case was available.

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.

PROTECTION OF REFUGEES

Refoulement: On November 8, authorities in Sudan announced criminal charges against an activist named Mohamed Boshi for espionage and crimes against the state, which carry the death penalty. On November 15, HRW released a report alleging that Egyptian authorities had detained Boshi on October 10, while he was in Egypt as an asylum seeker, held him incommunicado, and subsequently refouled him to Sudan. Human Rights Watch stated that Boshi’s family told them Sudanese security officials contacted them on October 13 to say he was in their custody.

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.

Compared with previous years, fewer Palestinian refugees from Syria entered the country illegally, intending to travel to Europe. In a number of cases, in the absence of valid travel documents or inability to confirm their identities, they faced more difficulties, including higher chances of detention or deportation.

Access to Asylum: The constitution provides for the protection of political refugees, but the laws do 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 nor assist Palestinian refugees in the country.

According to UNHCR, as of August 31, there were more than 235,000 registered refugees and asylum seekers in the country, coming mainly from Syria, as well as from Sudan, South Sudan, Ethiopia, Eritrea, and Yemen. Since 2017 the number of Syrian nationals registered as refugees has increased, although at a slower pace than in 2016. Observers attributed the increase to relaxed family reunification visa requirements, increased economic hardship faced by unregistered Syrians already residing in the country, young men attempting to avoid conscription in the national military or armed groups, and an increased fear of raids targeting unregistered migrants. Most Syrians continued to arrive by way of Sudan, which remained the only neighboring country to which Syrians could travel without visas. The number of African refugees also increased during the year, according to UNHCR, particularly among Ethiopian, Eritrean, and South Sudanese populations.

Starting in mid-2013, the government applied 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 high commissioner’s visit in January 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 parliament’s passage and enforcement of a law that dramatically increased 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 the majority of 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 did not do so for detained migrants, many of whom were Ethiopian, Eritrean, Sudanese, and Somali (and may have had a basis for asylum claims). Detained migrants–as unregistered asylum seekers–did not have access to UNHCR. Authorities often held them in in police stations until UNHCR or other aid agencies assisted them, although sometimes authorities sent them 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, who were not able to access UNHCR assistance provided to Syrians due to governmental restrictions. 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. According to UNHCR refugees can fully access public-health services, although many do not have the resources to do so. The Interior Ministry restricted 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 either rejected or being processed by UNHCR.

Refugee children not enrolled in public schools mainly attended refugee-run schools, private schools, or 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. In response to the influx of Syrians, the government allowed Syrian refugees and asylum seekers access to public education and health services. The Ministry of Education estimated that 35,000 school age Syrian children (approximately 90 percent) enrolled successfully in the public school system.

STATELESS PERSONS

Most of the eight stateless persons known to UNHCR 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.

Libya

Executive Summary

Libya is a parliamentary democracy with a temporary Constitutional Declaration that allows for the exercise of a full range of political, civil, and judicial rights. Citizens elected the interim legislature, the House of Representatives (HoR), in free and fair elections in 2014. The Libyan Political Agreement, which members of the UN-facilitated Libyan political dialogue signed in 2015, created the internationally recognized Government of National Accord (GNA), headed by Prime Minister Fayez al-Sarraj. Political mediation efforts led by the United Nations aim to support passing a constitution and holding new elections to replace interim bodies that have governed Libya since the 2011 revolution with permanent state institutions.

The government had limited effective control over security forces.

Human rights issues included arbitrary and unlawful killings, including of politicians and members of civil society, by extralegal armed groups, ISIS, criminal gangs, and militias, including those affiliated with the government; forced disappearances; torture perpetrated by armed groups on all sides; arbitrary arrest and detention; harsh and life threatening conditions in prison and detention facilities, some of which were outside government control; political prisoners held by nonstate actors; unlawful interference with privacy, often by nonstate actors; undue restrictions on free expression and the press, including violence against journalists and criminalization of political expression ; widespread corruption; trafficking in persons; criminalization of sexual orientation; and use of forced labor.

Impunity from prosecution was a severe and pervasive problem. Divisions between political and security apparatuses in the west and east, a security vacuum in the south, and the presence of terrorist groups in some areas of the country severely inhibited the government’s ability to investigate or prosecute abuses. The government took limited steps to investigate abuses; however, constraints on the government’s reach and resources, as well as political considerations, reduced its ability or willingness to prosecute and punish those who committed such abuses. Although bodies such as the Ministry of Justice and the Office of the Attorney General issued arrest warrants, levied indictments, and opened prosecutions of abuses, limited policing capacity and fears of retribution prevented orders from being carried out.

Conflict continued during the year in the west between GNA-aligned armed groups and various nonstate actors. The Libyan National Army (LNA), under its commander Khalifa Haftar, is not under the authority of the internationally recognized GNA. Haftar controlled territory in the east and parts of south. Extralegal armed groups filled security vacuums across the country, although several in the west aligned with the GNA as a means of accessing state resources. The GNA formally integrated some of the armed groups into the Ministry of Interior during the year. ISIS maintained a limited presence, primarily in the central desert region, areas south of Sirte and in Bani Walid, and in urban areas along the western coast. Al-Qaida and other terrorist groups also operated in the country, particularly in and around Derna and in the southwest.

Section 2. Respect for Civil Liberties, Including:

a. Freedom of Speech and Press

The 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 Expression: Freedom of speech was limited in law and practice. The law criminalizes acts that “harm the February 17 revolution of 2011.” The HoR, since its election in 2014, and the GNA, since taking its seat in Tripoli in 2016, did little to change restrictions on freedom of speech. Observers noted civil society practiced self-censorship because Salafist-leaning armed groups, among others, threatened and killed 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 opposed to the GNA.

Observers reported that individuals censored themselves in everyday speech, particularly in locations such as Tripoli.

Press and Media Freedom: Press freedoms, in all forms of media, were limited. Additional restrictions on press freedom were promulgated during the year. Beginning in January the GNA’s Foreign Media Department (FMD) of the Ministry of Foreign Affairs directed its staff to monitor and track the movements of foreign journalists and severely restricted approvals of journalist visas. On April 2, the GNA issued a decree imposing additional licensing restrictions on foreign press organizations. Authorities associated with the FMD revoked valid foreign press credentials and required foreign media organizations to apply for authorization from the Libyan Embassy in the country where the organization was headquartered. The FMD also required foreign media organizations to provide the names of the agency’s foreign and local staff. Journalists said the regulations were designed to increase the costs of operating in the country, as well as to provide a legal justification for shutting organizations that did not meet the requirements.

Violence and Harassment: The international NGO Reporters Without Borders reported that all sides used threats and violence to intimidate journalists to prevent publication of information. 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 media exacerbated the problem, with no monitoring organizations, security forces, or a functioning judicial system to constrain or record these attacks. In some exceptional cases, however, GNA authorities such as the Attorney General’s Office were able to intervene to see journalists released.

On March 20, armed men from the GNA-aligned TRB abducted and arbitrarily detained Juma al-Asi, director of the Al-Asima Television Channel, from his home in the Andalusia neighborhood of Tripoli. The TRB gave no reason for his arrest, nor the legal basis for his detention. On March 27, the Attorney General’s Office intervened and referred al-Asi’s case to the Public Prosecutor’s Office. In the absence of any legal case against him, he was released. None of the TRB members involved in his kidnapping was charged in connection with his illegal detention.

On July 30, forces in Abu Sitta Abusetta Naval Base, which falls under the control of the GNA-aligned al-Nawasi Brigade, detained four journalists during a rescue operation for migrants in Tripoli. The Reuters and Agence-France Presse journalists were released after 10 hours of interrogations.

In March 2017 Annabaa TV stopped broadcasting after its Tripoli headquarters were set on fire by an unidentified Tripoli-based militia. This crime remained unsolved as of year’s end.

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.

According to social media reports, the LNA confiscated books it claimed promoted Shi’ism, secularism, or moral perversion.

Libel/Slander Laws: The penal code criminalized 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 provides 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 criminalized speech considered to “tarnish the [country’s] reputation or undermine confidence in it abroad,” but the GNA did not enforce this provision of the code during the year.

Nongovernmental Impact: Armed groups, terrorist groups, and individual civilians regularly harassed, intimidated, or assaulted journalists. While media coverage focused on the actions of Salafist or Islamist-affiliated armed groups, other armed groups also limited freedom of expression.

On July 31, the body of Musa Abdulkareem, a journalist and photographer working for Fasanea, a Sabha-based newspaper, was found in the al-Thanawia neighborhood of Sabha. Abdulkareem’s body showed signs of torture, including burns, and 13 gunshot wounds. His murder remained unsolved.

INTERNET FREEDOM

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 no credible reports that the GNA restricted or disrupted internet access or monitored private online communications without appropriate legal authority during the year.

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. In September unknown entities blocked access to Facebook for several days in Tripoli during clashes between rival armed groups in the capital, hampering the ability of government officials to transmit information. A large number of bloggers, online journalists, and citizens reported practicing self-censorship due to instability, intimidation by armed groups, and the uncertain political situation.

Internet penetration outside urban centers remained low and frequent electrical outages resulted in limited internet availability in the capital and elsewhere.

According to the International Telecommunication Union, 21.8 percent of the population used the internet in 2017.

ACADEMIC FREEDOM AND CULTURAL EVENTS

There were no reported government restrictions on academic freedom or cultural events. Security conditions in the country, however, restricted the ability to practice academic freedom and made cultural events rare; of the 20 universities active in 2011, only 12 were still operational in during the year.

In 2017 Al-Fanar Media reported the case of a professor, Ahmed bin Suwaid of Tripoli University Medical School, who resigned his position and left the country after students affiliated with armed groups beat him; they attacked bin Suwaid after he refused to provide the students questions for a qualifying examination in advance of the test.

b. Freedom of Peaceful Assembly and Association

FREEDOM OF PEACEFUL ASSEMBLY

The 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.

Throughout the year the Libyan Movement for the Voice of the People, led by Mohammed al-Boa, held several protests in Tripoli opposing the role militia groups played in the capital (see section 1.g.). Police authorities generally cooperated with the group’s requests, coordinating with the group to issue permits and provide security at protest sites.

FREEDOM OF ASSOCIATION

The 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 also complained about a lack of a legal framework for organizing and implementing their activities. The FMD (see FMDs section 2.a.) and the Ministry of Culture Civil Society Commission took steps to regulate the activity of civil society organizations. Other organizations, including the NCHRL and the AOHRL, were able to register and to interact freely with GNA officials.

c. Freedom of Religion

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

INTERNALLY DISPLACED PERSONS (IDPS)

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

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

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

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

PROTECTION OF REFUGEES

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

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

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

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

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

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

STATELESS PERSONS

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

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

Tunisia

Executive Summary

Tunisia is a constitutional republic with a multiparty, unicameral parliamentary system and a president with powers specified in the constitution. In 2014 the country held free and fair parliamentary elections that resulted in the Nida Tounes (Call of Tunisia) Party winning a plurality of the votes. President Beji Caid Essebsi of the Nida Tounes Party came to office in 2014 after winning the country’s first democratic presidential elections. Nida Tounes formed a coalition government with the Nahda Party and several smaller parties. On May 6, Tunisians voted in the country’s first democratic municipal elections. Domestic and international observers reported the elections were free and fair, with only isolated accounts of electoral law violations that did not affect the overall results or credibility of elections. Voter turnout was 35.7 percent with independent candidates winning the majority of seats nationwide followed by the Nahda and Nida Tounes political parties.

Civilian authorities maintained effective control over the security forces.

Human rights issues included reports of unlawful or arbitrary killings, primarily by terrorist groups; allegations of torture by government agents; arbitrary arrests and detentions of suspects under antiterrorism or emergency laws; undue restrictions on freedom of expression and the press, including criminalization of libel; corruption, although the government took steps to combat it; criminalization of consensual same-sex sexual conduct that resulted in arrests and abuse by security forces, including the continued use of forced and coerced anal examinations; and societal violence and threats of violence targeting lesbian, gay, bisexual, transgender, and intersex (LGBTI) persons.

The government took steps to investigate officials who allegedly committed abuses, but investigations into police, security force, and detention center abuses lacked transparency and frequently encountered long delays and procedural obstacles. The country’s first transitional justice case for gross violations of human rights commenced on May 29, advancing the process from the Truth and Dignity Commission (IVD) to the Ministry of Justice.

Section 2. Respect for Civil Liberties, Including:

a. Freedom of Speech and Press

The constitution and law provide for freedom of expression, including for the press, and the government mainly respected this right, although there were constraints. An independent press and a functioning democratic political system contributed to an environment generally conducive to this freedom. Some media outlets and civil society expressed concerns about occasional government interference in media and the concentration of media ownership in the hands of a few political parties or families.

Freedom of Expression: Public speech considered offensive to “public morals” or “public decency,” terms undefined in the law, continued to be treated as criminal acts. Provisions of the penal and telecommunications codes, for example, criminalize speech that causes “harm to the public order or public morals” or intentionally disturbs persons “in a way that offends the sense of public decency.” During several demonstrations, authorities presented inconsistent policies pertaining to the display of the rainbow flag, a symbol associated with rights for LBGTI individuals. In January authorities authorized a demonstration in Tunis demanding greater individual freedoms; however, they reportedly qualified this approval with a request that the organizers not raise rainbow flags. When participants raised the flag during their approved demonstration, police dispersed the crowd, reportedly “for their own security.” During an August 13 demonstration in central Tunis in support of the fundamental freedoms and equality, activists raised rainbow flags without incident or attempts by security forces to restrict this symbolic speech.

Press and Media Freedom: Activists expressed concern about government interference in media and in the concentration of media ownership. NGOs continued to call for reforms to the penal code and military justice code, which NGOs stated were used to target journalists, lawyers, and civil society activists. The codes criminalize defamation, false allegations against members of an administrative or judicial authority, and attacks against the “dignity, reputation, or morale of the army.”

On January 27, the Tunisian Union of Journalists (SNJT) issued a statement denouncing the “return of repressive practices against journalists” and limits to freedom of expression posed by the improper or illegal use of surveillance of the media sector. Subsequently, on January 29, then minister of interior Lotfi Brahem stated during a hearing before parliament that the ministry was monitoring journalists, including one whose conversation with a protester was wiretapped.

Violence and Harassment: Violence and harassment against journalists continued, according to human rights organizations.

The SNJT reported 245 violations relating to physical assault, detention, and confiscation of equipment against journalists between March 2017 and March 2018, with public service employees responsible for 106 of those violations and security officers responsible for 50. In its monthly report for January (the same month as countrywide social movements), the SNJT documented 18 cases of violations committed against journalists. The report found security officers and members of security unions were responsible for 11 of the 18 documented violations, which included physical assault, detention, and confiscation of equipment.

The SNJT issued a statement condemning assaults against six journalists on August 8. According to the SNJT, three security officers verbally and physically assaulted journalists who were attending a press conference on the margins of a cultural event in Djerba. Media reported that these police officers were not originally from Djerba and that the local police commissioner apologized to the journalists on their behalf.

The SNJT and other rights groups documented that police detained and questioned several journalists in relation to their coverage of the protests, including two French journalists–Michel Picard, a freelance journalist, and Mathieu Galtier, a reporter for the Paris-based daily Liberation. On January 14, police briefly detained and questioned Picard after he reported on President Beji Caid Essebsi’s inauguration of a youth center in Cite Ettadhamen. On January 11, one day after Galtier covered protests in Tebourba, police officers took him from his home to a police station for questioning. Galtier reported the police did not show him a warrant for his arrest and that they insisted on learning the names of his sources in Tebourba.

Censorship or Content Restrictions: The government penalized individuals who published items counter to government guidelines or who published items deemed to defame government officials. While online and print media frequently published articles critical of the government, journalists and activists at times practiced self-censorship to avoid violence targeting journalists, mainly from security forces or other anonymous attackers, according to the NGO Tunis Center for Press Freedom.

On April 18, blogger Mohamed Hammami was sentenced to eight months in prison and a fine of 120 dinars ($43) for criticizing then minister of civil society, human rights, and constitutional bodies Mehdi Ben Gharbia. In another example, on March 9, a court of first instance sentenced blogger Sahbi al-Omri to 18 months in prison after he published information on Facebook accusing Adel Shoushan, a security director in Tunis, of abuse of authority in that position. Released pending an appeal on this first charge, al-Omri was arrested on September 18, reportedly for defaming a member of the Supreme Judicial Council in a Facebook post.

Libel/Slander Laws: Various civil society organizations expressed concern about the use of criminal libel laws to stifle freedom of expression. The 2017 adoption of decree laws maintaining the separation between protection of freedom of expression and regulation of the communications and media sector rolled back the prerevolution regime of censorship and secrecy; however, many media actors and activists expressed concern that these decree laws did not go far enough to protect press freedoms and freedom of expression. Several media actors and civil society groups argued the need for more comprehensive media reforms to comply with the country’s international obligations.

National Security: Military courts have the power under the law to try civilians for “insulting the honor of the armed forces.” In March a military court sentenced Yassine Ayari, a Tunisian activist elected to parliament in December 2017, in absentia to 16 days’ imprisonment for “insulting the military” and “offending the president of the republic” as a result of a Facebook post published in February 2017 in which he mocked the appointment of a senior military commander. In a separate case, on June 26, the military court sentenced Ayari to three months in prison for “insulting the military” and “offending the president of the republic” following another Facebook post. Ayari waived his parliamentary immunity, although as of November, he has yet to serve his sentences.

INTERNET FREEDOM

The government did not restrict or disrupt access to the internet, and there were no credible reports the government monitored private online communications without legal authority. There was no censorship of websites, including those with pornographic content, with the exception of websites linked to terrorist organizations. According to Internet World Stats, 68 percent of the population used the internet.

ACADEMIC FREEDOM AND CULTURAL EVENTS

There were no reports of government restrictions on academic freedom.

b. Freedom of Peaceful Assembly and Association

The law provides for the rights of freedom of peaceful assembly and association, but the government did not always respect the right of association. The state of emergency law grants the government the right to limit the right of assembly, although the government rarely applied this law during the year. On July 27, parliament adopted a law mandating the establishment of a more comprehensive business registration system, with the aim to combat terrorism finance and money laundering that also included requirements for nonprofit associations to submit financial data to a newly created registry. This National Center for the Registry of Institutions would be responsible for collecting and maintaining the financial and administrative data of all “economic actors,” including nonprofit associations. Several prominent civil society organizations (CSOs) issued a public statement contending that this registry would duplicate existing requirements, place an undue burden on CSOs, and potentially threaten freedom of association. The government contends that the law does not prevent either the registration or the operations of CSOs.

FREEDOM OF PEACEFUL ASSEMBLY

The law provides for the freedom of peaceful assembly, and the government generally respected these rights.

In January the government authorized civil society groups throughout the country to organize peaceful protests against the new budget law as well as price increases and subsidy cuts. Media reported that authorities detained some of the organizers of the social movement #Fech_Nestanew (What Are We Waiting For) on charges including graffiti, destruction of property, and “inciting riots” through the distribution of flyers calling for more protests. All were subsequently released without charge, according to human rights groups. With this notable exception, human rights groups reported that the police respected the protesters’ rights to peaceful assembly.

In several cities, these peaceful social movements gave way to instances of opportunistic crime, including episodes of vandalism and looting masquerading as protests that led to small-scale clashes with security forces. On January 13, the Ministry of Interior stated that authorities arrested more than 930 individuals for criminal charges that the ministry reported were unrelated to the legitimate and authorized protest movements; many of these individuals were subsequently released. The ministry also reported that more than 50 police officers were injured during the protests and one civilian died of asphyxiation as a result of an asthma attack prompted by the tear gas used by police to clear protesters.

Subsequent social movements, including several large protests in downtown Tunis during the summer, took place without major incidents or reports of interference by security forces. In several smaller protests throughout southern Tunisia to demand greater economic development, security forces responded proportionately to violent incidents using riot control techniques and tear gas to disperse crowds that had blocked access to border posts.

FREEDOM OF ASSOCIATION

The law provides for the right of freedom of association, but the government did not always respect it. A 2011 law on associations eliminated penalties in the previous law, as well as the prohibition on belonging to, or serving in, an unrecognized or dissolved association. The law eased the registration procedure, making it more difficult for government entities to hinder or delay registration. According to the 2011 law, only the judiciary has the authority to suspend or dissolve an association. Several independent monitoring organizations asserted, however, that the government delayed registration of associations through unnecessary bureaucratic hurdles, at times for political reasons, a practice counter to the law.

c. Freedom of Religion

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

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

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

In-country Movement: As of September the Tunisian NGO Observatory for Rights and Freedoms (ODL) estimated that more than 100,000 individuals were on a border-control order list known as “S17.” Originally created to restrict individuals’ movement outside the country, civil society groups report that the government has restricted individuals’ internal travel as well. Amnesty International concluded in an October report that the Ministry of Interior had issued the original S17 directive without independent judicial oversight and that authorities have subsequently applied the directive in a discriminatory and disproportionate manner to restrict movement. Based on research conducted into the application of S17 measures between April 2017 and August 2018, Amnesty found that “as of January 2018, the ministry had prevented 29,450 people from traveling to conflict areas on the basis of S17 measures since 2013.”

Without a clear understanding of the directive’s legal basis and scope, individuals on this list are unable to effectively appeal their inclusion on the list or seek legal redress. Civil society reported that the ministry systematically and discriminatorily included individuals on the “S17” list if they have a conservative appearance or were arrested on suspicion of connection to terrorist groups, even if they were subsequently released without charge. According to the ODL, despite a court order to the contrary, the Ministry of Interior refused to grant individuals access to the orders that led them to be included on the “S17” list. Even in the case of a court mandated suspension or lifting of the travel restrictions, individuals have remained on the list.

Since 2014 more than 500 individuals filed complaints with the ODL, claiming the government prevented them from traveling due to suspicions of extremism, and, in some cases, apparently based on the travelers’ religious attire. The group added that some persons were prevented from traveling despite not having a criminal record, because they were related to a terrorist suspect. In other cases, the observatory claimed that women were prevented from traveling if suspected of prostitution, often based on appearance alone.

Foreign Travel: The law requires that authorities promptly inform those affected by travel restrictions or who have had their passports seized of the reasons for these decisions. In addition, the law provides that the affected individuals have the right to challenge the decision and sets a maximum of 14 months during which their travel can be restricted before requiring another court order. Human rights groups noted the law was not consistently applied and that security forces did not always respect court decisions to reverse travel restrictions.

PROTECTION OF REFUGEES

Access to Asylum: The country does not have a law for granting asylum or refugee status. The Ministry of Interior noted it coordinated regularly with UNHCR in spite of the absence of this legal framework. Pending the creation of a legal framework, UNHCR is the sole entity conducting refugee status determination. UNHCR provided assistance to registered refugees for primary medical care and, in some cases, for basic education. The government granted access to schooling and basic public health facilities for registered refugees.

Temporary Protection: In August authorities received a boat carrying 40 irregular migrants (32 men and eight women) that had been stranded off the coast of Tunisia after being refused entry by several other countries. The secretary of state for immigration and Tunisians abroad, Adel Jarboui, headed the delegation that met the migrants at the port of Zarzis prior to their transfer to a migrant shelter in Medenine. The government announced it would work with the migrants’ countries of origin to facilitate their right to return.

Human Rights Reports
Edit Your Custom Report

01 / Select A Year

02 / Select Sections

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

U.S. Department of State

The Lessons of 1989: Freedom and Our Future