a. Freedom of Expression, Including for Members of the Press and Other Media

The constitution provided for freedom of speech, including for the press, but the pre-August 15 government sometimes restricted this right. Following August 15, the Taliban used force against protesters and journalists and suppressed political discussion and dissent. Journalists reported a chilling effect on free speech and press in the country as a result of the Taliban’s policies, particularly following media reports of torture of two local journalists covering women’s protests after the Taliban takeover. The Taliban announced restrictive media regulations in September and additional guidelines in November, in line with the Taliban’s strict interpretation of sharia.

Freedom of Expression: The constitution provided for freedom of speech under the pre-August 15 government. There were reports that the pre-August 15 government officials at times used pressure, regulations, and threats to silence critics. Criticism of the pre-August 15 government was regular and generally free from restrictions, but criticism of provincial governments was more constrained, where local officials and power brokers exerted significant influence and authority to intimidate or threaten their critics, both private citizens and journalists.

Freedom of Expression for Members of the Press and Other Media, Including Online Media: Prior to the Taliban’s takeover, independent media were active and expressed a wide variety of views. Implementation of a law that provides for public access to government information remained inconsistent, and media reported consistent failure by the pre-August administration to meet the requirements of the law. Pre-August 15 government officials often restricted media access to official government information or simply ignored requests for information. UNAMA, HRW, and Reporters without Borders reported the government did not fully implement the law, and therefore journalists often did not receive access to information they sought. Furthermore, journalists stated pre-August 15 government sources shared information with only a few media outlets.

On September 16, Reporters Without Borders said that 103 journalists signed a joint statement asking the international community to take urgent action to help protect press freedom in the country. The journalists pled for international action to guarantee the protection of female journalists who sought to continue their work, resources for local media outlets to remain open, and material assistance for those who have fled abroad.

Reporters Without Borders and the Afghan Independent Journalists Association reported that approximately 200 media outlets have shut down, leaving almost 60 percent of journalists unemployed. Various factors, including financial constraints, fear, and departure of staff, also contributed to closures.

Violence and Harassment: Pre-August 15 government officials and private citizens used threats and violence to intimidate independent and opposition journalists, particularly those who spoke out against impunity, crimes, and corruption by powerful local figures. The Taliban insurgency continued to threaten, attack, and kill journalists and media organizations. The Taliban warned media would be targeted unless they stopped broadcasting what it called “anti-Taliban statements.” Increased levels of insecurity until August 15 created a dangerous environment for journalists, even when they were not the specific targets of violence. Media advocacy groups reported that many female journalists worked under pseudonyms in both print and social media to avoid recognition, harassment, and retaliation, especially after the Taliban takeover in August.

Many media workers fled to safe havens starting in January after the Taliban launched a campaign of violence against journalists in late 2020, as reported by UNAMA and independent media. Taliban violence continued to escalate against journalists throughout the year, and frequent reports of attacks continued after their occupation of the country in August. According to the UNESCO observatory of killed journalists, seven journalists were killed between January 1 and August 8, including four women.

On January 1, gunmen in Ghor Province opened fire on the car of journalist Bismillah Adil, killing him in an attack for which no one has claimed credit. On February 25, gunmen stormed Adil’s family home and killed three of his family members and wounded five children.

On June 3, unidentified assailants in Kabul detonated an explosive device attached to a van in which Ariana News TV Kabul anchor Mina Khairi was a passenger, killing her and two family members. An Ariana News TV manager said other station employees had received threats.

In response to increased concern regarding the targeting of journalists following the Taliban’s takeover in August, the UN Human Rights Council held an emergency session, and a group of UN human rights experts convened to issue a statement through the OHCHR. On September 3, the statement called on all member states to provide urgent protection to Afghan journalists and media workers who fear for their lives and are seeking safety abroad. Many of those journalists who remained in the country ceased their work and reported living in hiding to avoid targeted attacks. According to an al-Jazeera report in October, more than 30 instances of violence and threats of violence were reported by the Afghanistan National Journalists Union. Many journalists fled the provinces to Kabul and others departed the country.

Journalists faced the threat of harassment and attack by ISIS-K, the Taliban, and pre-August 15 government-linked figures attempting to influence how they were covered in the news. With the Taliban takeover of the country, the Committee for the Protection of Journalists (CPJ) in September reported numerous instances of Taliban physical violence against and detention of journalists, warning that an entire generation of reporters was at risk in the country.

On September 7, Taliban fighters detained a freelance photographer after he covered a protest in the western city of Herat, according to the Committee to Protect Journalists. At the end of the year, he had not been released.

On September 8, according to the CPJ, the Taliban detained and later released at least 14 journalists covering protests in Kabul. According to media sources, at least nine of the journalists were subjected to violence during their arrests or detention.

On September 18, an unidentified man shot journalist Mohammad Ali Ahmadi after accusing him of working for an “American radio station.” Ahmadi, a reporter and editor with national radio broadcaster Salam Watandar in Kabul, was shot twice in the leg and hospitalized.

CPJ reported in October that Taliban fighters assaulted at least three journalists covering a women’s protest in Kabul for demanding “work, bread, and education.” The fighters also attacked a photographer working with a French news agency, who captured some of the violence on camera.

According to UNAMA, two journalists were killed after August 15 – one by the ISIS-K and another by unknown actors.

Censorship or Content Restrictions: Media observers claimed journalists reporting on administrative corruption, land embezzlement, and local officials’ involvement in narcotics trafficking engaged in self-censorship due to fear of violent retribution by provincial police officials and powerful families. Most requests for information from journalists who lacked influential connections inside the pre-August 15 government or international media credentials were disregarded, and government officials often refused to release information, claiming it was classified.

On September 19, the Taliban issued a set of 11 media directives including a requirement that media outlets prepare detailed reports in coordination with the new “governmental regulatory body.” The directives prohibit media from publishing reports that are “contrary to Islam,” “insult national figures,” or “distort news content.” The directives also included prohibitions on “matters that could have a negative impact on the public’s attitude or affect morale should be handled carefully when being broadcast or published.” Journalists in Kabul reported being turned away from covering events of interest and being told to obtain individual permits from local police stations with jurisdiction over the area of reporting activity.

Tolo TV, a commercial television station broadcasting programming through major cities across the country, scaled back programming in September in an act of self-censorship with the Tolo TV CEO, saying, “we had to sacrifice music for survival,” with the process of self-censorship entailing the elimination of Turkish soap operas, adding programming featuring women scarved, and replacing musical programming with religious chants.

Journalists called the restriction and censorship of information by the Taliban the primary obstacle to reporting and said many media organizations stopped their activities in an act of self-censorship after the collapse of the pre-August 15 government.

The Taliban’s Ministry for the Promotion of Virtue and Prevention of Vice announced eight restrictive “religious guidelines” on November 21, including one recommending that women should not appear in television dramas or entertainment programs and another indicating that female journalists should wear head coverings. As of December the guidelines were not being enforced consistently.

Libel/Slander Laws: The pre-August 15 government’s laws prescribed prison sentences and fines for defamation. Pre-August 15 authorities sometimes used defamation as a pretext to suppress criticism of government officials.

National Security: Journalists complained pre-August 15 government officials frequently invoked the national interest exception in the relevant law to avoid disclosing information.

Nongovernmental Impact: Throughout the year some reporters acknowledged they avoided criticizing the Taliban and some neighboring countries in their reporting because they feared Taliban retribution. Insurgent groups coerced media agencies in insecure areas to prevent them from broadcasting or publishing advertisements and announcements of the security forces, entertainment programming, music, and women’s voices.

Women in some areas of the country said their freedom of expression in choice of attire was limited by conservative social mores and sometimes enforced by the Taliban in insurgent-controlled areas as well as by religious leaders.

b. Freedoms of Peaceful Assembly and Association

The constitution provided for the freedoms of peaceful assembly and association, and the government generally respected these rights; however, the pre-August 15 government limited these freedoms in some instances. The Taliban generally did not respect freedom of peaceful assembly and association, although they allowed some limited protests and demonstrations to take place without interference.

c. Freedom of Religion

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

d. Freedom of Movement and the Right to Leave the Country

The pre-August 15 government’s law provided for freedom of internal movement, foreign travel, emigration, and repatriation. The pre-August 15 government generally respected these rights. The Taliban generally respected these rights for citizens with sufficient identity documentation, including passports, but they prevented certain political figures associated with previous administrations from travelling abroad. Restrictions were also placed on women’s in-country movements.

In-country Movement: The pre-August 15 government generally did not restrict the right to freedom of movement within the borders of the country. Social custom limited women’s free movement in some areas without a male family member’s consent or a male relative chaperone (mahram). Prior to August 15, the greatest barrier to movement in some parts of the country remained the lack of security. Taxi, truck, and bus drivers reported security forces and insurgents sometimes operated illegal checkpoints and extorted money and goods from travelers. Prior to August 15, the Taliban regularly blocked highways completely or imposed illegal taxes on those who attempted to travel.

Through the year, Taliban checkpoints increasingly dotted the main highways leading in and out of Kabul, since many outposts were abandoned by pre-August 15 government security forces. Media workers and officials of the pre-August 15 government avoided in-country travel because they feared being identified by the Taliban and subjected to reprisals.

After the Taliban takeover in August, intercity travel was generally unobstructed. On December 26, the Taliban announced that women could not engage in long-distance travel without a mahram. Within populated areas, women could move more freely, although there were increasingly frequent reports of women without a mahram being stopped and questioned.

Foreign Travel: The country’s neighbors closed land borders to regular traffic after the Taliban takeover of Kabul in August, and travel by air decreased significantly due to capacity constraints and lack of functionality at the country’s airports. The Taliban stated they do not want citizens to leave the country but that those with foreign travel authorization and required documentation would be allowed to depart; Taliban leaders stated the right to travel is guaranteed by Islam. Enforcement of these “regulations” was inconsistent. Citizens with passports and visas for third countries were generally permitted to depart the country, and Pakistan was allowing pedestrians from Kandahar Province to cross into Pakistan and back for trade and day labor using only identity cards. The Taliban prevented certain political figures associated with previous administrations from travelling abroad due to concerns regarding possible political activities abroad. After August 15, most airlines flying commercial routes to and from Kabul International Airport cancelled flights, although Afghan airlines (Ariana and Kam) continued to fly commercial routes. Damaged equipment at Kabul International Airport limited aircraft takeoffs and landings to daylight hours under visual flight rules, which also required clear weather; these limitations made insurance costs for airlines prohibitive to operate and prevented the return of many commercial routes that existed prior to August 15.

In October the Taliban stated they would resume issuing passports, ending a months-long suspension that had diminished the limited ability of citizens to depart the country. According to local media, more than 170,000 passport applications received in August and September remained unadjudicated as of December 31. In December the Taliban announced that passport offices had opened in 25 provinces. Anecdotal reports suggested passports were not always issued impartially but rather reserved for individuals whom the Taliban deemed “unproblematic” or who could pay substantially higher prices for the passport. Some individuals associated with the previous administration reported being detained and beaten following their visit to passport offices.

In October Taliban authorities closed the Chaman-Spin Boldak border crossing into Pakistan. After a 27-day closure, the crossing reopened to pedestrians and trade. After the reopening, Pakistan reportedly permitted Kandahar tazkira (national identification card) holders – as well as individuals with medical reasons but without documentation – to cross the border.

e. Status and Treatment of Internally Displaced Persons

Internal population movements continued because of armed conflict and natural disasters, including avalanches, flooding, and landslides. The Office of the UN High Commissioner for Refugees (UNHCR) stated that widespread intense fighting between pre-August 15 government security forces and the Taliban between May and August forced approximately 250,000 citizens to flee their homes. The UN Office for the Coordination of Humanitarian Affairs (OCHA) estimated a total of 669,682 persons were displaced between January and December 19, of whom 2 percent were displaced following August 15. Most internally displaced persons (IDPs) left insecure rural areas and small towns to seek relatively greater safety and government services in larger towns and cities in the same province. UNHCR estimated that 158,000 displaced persons returned home since fighting subsided following the Taliban takeover in August.

Limited humanitarian access due to the poor security situation caused delays in identifying, assessing, and providing timely assistance to IDPs, who continued to lack access to basic protection, including personal security and shelter. Many IDPs, especially in households with a female head, faced difficulty obtaining basic services because they did not have identity documents. Many IDPs in urban areas reportedly faced discrimination, lacked adequate sanitation and other basic services, and lived at constant risk of eviction from illegally occupied displacement sites, according to the Internal Displacement Monitoring Center. in IDP sites reported high levels of domestic violence. Limited opportunities to earn a livelihood following the initial displacement often led to secondary displacement, making tracking of vulnerable persons difficult. Even IDPs who had access to local social services sometimes had less access than their non-IDP neighbors, due to distance from the services or other factors.

Protection concerns were increasingly reported to humanitarian partners, with growing protection needs for persons with disabilities, the elderly, female-headed households, and sexual and gender minorities. By October, food shortages and lack of access to basic services contributed to a widespread humanitarian crisis, with millions of individuals lacking basic life necessities as the country faced the onset of winter. The economic and liquidity crisis since the Taliban takeover, lower agricultural yield due to drought conditions, unreliable electricity supply and deteriorating infrastructure, and the continuing COVID-19 pandemic all combined to worsen the humanitarian crisis.

f. Protection of Refugees

The pre-August 15 government cooperated with UNHCR, the International Organization for Migration (IOM), and other humanitarian organizations to provide protection and assistance to IDPs, returning refugees, and other persons of concern. The Taliban has cooperated to a limited extent with UNHCR, the IOM, or other humanitarian organizations. On September 13, UN Refugee Commissioner Filippo Grandi visited the country and met with the Taliban’s so-called interim minister of refugees and repatriation affairs Khalil-ur-Rahmen Haqqani. In an interview with the Washington Post, Grandi noted that humanitarian access had increased since August due to the cessation of hostilities and improved security.

Access to Asylum: The pre-August 15 government did not create a legal and programmatic framework for granting asylum or refugee status and had not established a legal framework for providing protection to refugees. Since the takeover, the Taliban also have not created a legal and programmatic framework for granting of asylum or refugee status.

Abuse of Migrants and Refugees: The pre-August 15 government’s ability to assist vulnerable persons, including returnees from Pakistan and Iran, remained limited, and it continued to rely on the international community for assistance. The Taliban’s “Ministry of Refugees and Repatriation Affairs” repatriated approximately 4,000 IDPs to their communities of origin, although the IOM estimated there were more than five million IDPs in the country. “Interim Minister” Khalil Haqqani told al-Jazeera that the Taliban had a plan to return all IDPs to their homes, assist in repairing damaged homes, and designate provincial support zones to assist returnees.

The IOM estimated that all returning migrants required humanitarian assistance. Between January and September, the IOM recorded a total of 866,889 undocumented Afghans returning or being deported from Iran and Pakistan. In the same time period, the IOM recorded 40,089 assisted returnees. UNHCR reported the number of registered refugees returning remained lower than in 2020, mainly due to the Taliban takeover. The country lacked the capacity to reintegrate successfully large numbers of returnees due to continuing insecurity, poor development, and high unemployment, exacerbated by COVID-19. Insecurity and lack of services meant most recent returnees could not return to their places of origin. While numbers of deportations or spontaneous voluntary returns were trending upwards, the seizure of Kabul by the Taliban in August disrupted accurate tracking of returnees.

g. Stateless Persons

NGOs noted the lack of official birth registration for refugee children in the country as a significant problem and protection concern, due to the risk of statelessness and potential long-term disadvantage.

a. Freedom of Expression, Including for Members of the Press and Other Media

The constitution provides for freedom of expression, including for members of the press and other media, and the government usually respected these rights, although defamation is a criminal offense. There were reports that the government, businesses, and criminal groups sought to influence media in inappropriate ways.

Independent media were active and expressed a wide variety of views. There were efforts to exert direct and indirect political and economic pressure on media, including by threats and violence against journalists who tried to investigate crime and corruption.

Business owners freely used their media outlets to gain favor and promote their interests with political parties. Most owners of private television stations used the content of their broadcasts to influence government action toward their other businesses. There were credible reports of senior media representatives using media outlets to blackmail businesses by threatening unfavorable media coverage. Political pressure, corruption, and lack of funding constrained independent print media, and journalists reportedly practiced self-censorship. Economic insecurity due to a lack of enforceable labor contracts reduced reporters’ independence and contributed to bias in reporting. The Albanian Journalists Union (AJU) continued to report significant delays in salary payments to reporters at many media outlets, in some cases up to 10 months. According to the journalist union, the pandemic worsened these delays. Financial problems led some journalists to rely more heavily on outside sources of income, leading to questions regarding the integrity of their reporting.

NGOs maintained that professional ethics were a low priority for some of the estimated 900-plus news portals in the country, raising concerns over the spread of false news stories that benefited specific financial, political, and criminal interests. The dramatic growth in online media outlets provided a diversity of views as well as opportunities for corruption.

In July parliament voted to elect a new chairperson of the Audiovisual Media Authority, an independent body that regulates broadcast media. The Organization for Security and Cooperation in Europe (OSCE) and the EU had urged parliament to postpone the July vote until September to allow for the seating of the new parliament and the return of opposition parties that had boycotted parliament since February 2019. There were concerns regarding the independence of the chairwoman elected in July, as she had previously served as a spokeswoman for the Socialist Party before being appointed head of the state-owned Albanian Telegraphic Agency.

Violence and Harassment: Political and business interests reportedly subjected journalists to pressure. Through November, the AJU reported 11 cases of violence and intimidation against members of the media. For example, in April police detained Fax News reporter Preng Gjikola for several hours without explanation following a protest in Thirre, Mirdita. In July police participating in an ongoing operation briefly detained News 24 journalist Ergys Gjencaj, who was filming the operation.

Censorship or Content Restrictions: Journalists often practiced self-censorship to avoid violence and harassment. The AJU cited censorship and self-censorship as leading problems for journalists. A survey of 800 media professionals published in 2019 found that 62 percent of respondents thought there was interference from individuals or politics, 60 percent thought there was interference from media owners, 39 percent thought there was self-censorship, and 31 percent thought there was corruption in the media. Approximately 78 percent of media professionals thought there were journalists who engaged in corrupt practices to misreport stories.

In July, following criticism by reporters, media outlets, and journalists’ associations, parliament reversed its earlier decision to limit physical access of reporters to Assembly premises and meetings of its permanent committees.

Prior to the April parliamentary elections, media outlets and journalists’ associations complained regarding a lack of independent media access to campaign events held by political parties, which preferred to provide their own party-edited content to media outlets.

Libel/Slander Laws: The law permits private parties to file criminal charges and obtain financial compensation for insult or deliberate publication of defamatory information. NGOs reported that the fines were excessive and, combined with the entry of a criminal conviction into the defendant’s record, undermined freedom of expression. The AJU expressed concern that as of September, there were more than 20 lawsuits against journalists, mainly for defamation.

In 2019 the Assembly passed legislation, the so-called antidefamation package, which amended existing media laws to address defamation. NGOs and some international organizations criticized the amendments, sparking public debate, and the president returned the law to parliament. In June 2020 the Venice Commission found the law problematic and advised against its adoption as drafted. The legislation remained pending.

b. Freedoms of Peaceful Assembly and Association

The constitution and law provide for the freedoms of peaceful assembly and association, and the government generally respected these rights.

c. Freedom of Religion

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

d. Freedom of Movement and the Right to Leave the Country

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

In-country Movement: To receive government services, citizens changing place of residence within the country must transfer their civil registration to their new community and prove the legality of their new domicile through property ownership, a property rental agreement, or utility bills. Many individuals could not provide documentation and thus lacked access to public services. Other citizens, particularly Roma and Balkan-Egyptians, lacked formal registration in the communities where they resided. The law does not prohibit their registration, but it was often difficult to complete. Many Roma and Balkan-Egyptians lacked the financial means or necessary information to register.

e. Status and Treatment of Internally Displaced Persons

Not applicable.

f. Protection of Refugees

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.

In August the government, in coordination with private organizations, began accepting Afghan evacuees seeking protection following the change of the Afghanistan government. Over 2,400 Afghans were subsequently granted temporary protection status by the Albanian government.

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

In February a new law on asylum was adopted (Asylum Law no. 10/121) that extended the deadlines for granting or denying asylum requests from 51 days to six months from the date of application, with potential for three-month extensions up to 21 months, under certain circumstances.

As of August 31, five persons had applied for asylum with the Directorate for Asylum, Foreigners, and Citizenship. UNHCR supported the appeals of four rejected asylum applicants.

Police allowed UNHCR, the Office of the Ombudsman, and the NGO Caritas to monitor the access of arrivals to national procedures and return of persons to countries from which they arrived. Monitors reported prescreening procedures were often curtailed, raising concerns about access to asylum and identification of potential victims of trafficking. The ombudsman and Caritas were also allowed to monitor the detention of migrants.

UNHCR reported some cases of border police returning migrants to Greece despite indicating an intention to seek asylum. Authorities detained 6,521 irregular migrants who entered the country between January and August, mostly at the country’s southern border with Greece; most of those who did not request asylum were deported to Greece within 24 hours. Migrants detained further inland could spend several weeks at the Karrec closed migrant detention facility awaiting deportation.

Migrants who claimed asylum were housed at the Babrru National Reception Center for Asylum Seekers. Many of the irregular migrants placed in Babrru were later apprehended again attempting to cross into Montenegro and Kosovo rather than remaining in the country to pursue asylum requests. Karrec and Babrru centers faced funding constraints. In late 2020 UNHCR supported rehabilitation of a portion of Babrru capable of accommodating 30 asylum seekers and unaccompanied and separated children. In August the Ministry of Interior redistributed funds in the state budget, allocating approximately 56,500 euros ($65,000) for refurbishment and increasing reception capacity.

Safe Country of Origin/Transit: The law limits individuals from safe countries of origin or transit from applying for asylum or being granted refugee status. UNHCR reported that one asylum request had been refused based on the government’s list of safe countries, which included Greece.

Abuse of Migrants and Refugees: NGOs reported concerns regarding the unaccompanied foreign and separated children who faced increased risk of violence, abuse, neglect, and exploitation due to lack of strong protection system. The NGO Nisma ARSIS supported six cases of unaccompanied children who arrived in the country during the year through September.

NGOs considered the migrant detention facility in Karrec to be unsuitable for children and families. The government made efforts to avoid sending children there, sending them instead to the open asylum-seekers facility in Babrru.

Employment: Under the new law on asylum, refugees may seek employment authorization. If no decision has been communicated within nine months, employment authorization is automatically granted.

Access to Basic Services: The law provides refugees access to public services, including education, health care, housing, law enforcement, courts and judicial procedures, and legal assistance.

g. Stateless Persons

Police reported no stateless persons in the country as of August.

According to UNHCR statistics, approximately 700 persons at risk of statelessness were identified under the agency’s statelessness mandate as of November. Of these, approximately 380 were registered with the National Register of Civil Status. The government does not have data regarding the total number of stateless persons or persons at risk of statelessness in the country. The 2021 Law on Foreigners establishes a statelessness determination procedure. UNHCR and its partners provided technical support to the government with the implementation of the law.

a. Freedom of Expression, Including for Members of the Press and Other Media

The constitution provides for freedom of expression, including for members of the press and other media. 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, and informal pressure on publishers, editors, advertisers, and journalists. Some media figures alleged the government used its control over most printing houses and significant funding 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 were limited in their ability to criticize the government on topics crossing unwritten “red lines.” Authorities arrested and detained citizens for expressing views deemed damaging to state officials and institutions, including the use of the Berber flag during protests, and citizens practiced self-censorship in expressing public criticism. The law criminalizing speech regarding security force conduct during the internal conflict of the 1990s remained in place, although the government stated 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.

Authorities have summoned, arrested, and prosecuted journalist Mustapha Bendjama in at least six different cases for charges such as “offense to public bodies” and “undermining national unity.” On June 27, the court in Annaba convicted Bendjama, and the judge sentenced him to two months in prison and 2,500 dinars ($19) fine.

Police arrested former parliamentarian Nordine Ait-Hamouda on June 26 in Bejaia for making “inappropriate statements towards various important national figures.” On August 29, authorities released Ait-Hamouda from El-Harrach prison after two months of incarceration. The Court of Ruisseau in Algiers granted Ait-Hamouda’s provisional release, pending the completion of the investigation and determination of the trial date.

On June 30, security personnel arrested Fethi Ghares, national coordinator of the opposition party Democratic and Social Movement and searched his home. His wife, Messaouda Cheballah, posted a live video of her husband’s arrest and denounced the police’s “indiscreet search of her belongings.”

NGOs reported in 2020 that they stopped holding events outside private locations due to longstanding government suppression and pressure on owners of public gathering spaces.

Freedom of Expression for Members of the Press and Other Media, Including Online Media: The National Agency for Publishing and Advertising (ANEP) controlled public advertising for print media, and most daily newspapers depended on ANEP-authorized advertising to finance their operations. Press outlets reported taking extra caution before publishing articles critical of the government or government officials due to fear of losing revenue from ANEP. According to the NGO Reporters without Borders, private advertising existed but frequently came from businesses with close links to the ruling political party. ANEP stated its support for a pluralistic press and freedom of information and noted that it funded opposition newspapers.

In April 2020 parliament adopted amendments to the penal code that criminalize spreading “false news” that harms national unity. Penalties for convictions under the bill, which does not distinguish among news reports, social media, and other media, include prison terms of two to five years and fines. Civil society groups reported that the amendments gave authorities excessive power to prosecute activists and human rights defenders.

On May 10, authorities found journalist Khellaf Benhedda guilty in absentia and fined him 100,000 dinars ($750) for an “offense to the President.”

On May 14, police arrested Maghreb Emergent journalist Kenza Khatto during a Hirak march in Algiers on charges of “incitement to unarmed gathering,” “contempt of police,” and “noncompliance with the instruction of the wali (governor) of Algiers on the ban of marches.”

On May 18, authorities placed journalist El Kadi Ihsane, director of Radio M and Maghreb Emergent websites, on probation. The judge issued a travel ban and confiscated Ihsane’s passport. According to Radio M, authorities charged Ihsane with “undermining national security and territorial unity” and “sharing publications undermining national interest.” The CNLD said the charges emanated from a complaint filed by the Minister of Communication Ammar Belhimer.

On September 6, authorities arrested Hassan Bourras at his home in El Bayadh and charged him with “belonging to a terrorist organization,” “conspiracy against the security of the State to change the system of governance,” and “use of technical and media tools to enlist individuals against the authority of the State.” Bourras is a well known human rights’ activist with the Algerian League for the Defense of Human Rights (LADDH). According to the CNLD, authorities transferred Bourras on September 12 to a court in Algiers, which ordered him into pretrial detention.

On September 12, police arrested Mohamed Mouloudj, a reporter for Liberte, and raided his home. On September 14, the Sidi M’hamed Court in Algiers placed Mouloudj in custody and charged him with spreading false news, harming national unity, and belonging to a terrorist group. The court placed him in pretrial detention which was ongoing at year end.

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 stations. Journalists from independent print and broadcast media expressed frustration regarding the difficulty of receiving information from public officials. Except for several daily newspapers, most 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.

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 ministry did not accredit most foreign media. Regulations require the shareholders and managers of any radio or television channel to be citizens and prohibit them from broadcasting content that offends “values anchored in Algerian society.”

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

Violence and Harassment: Authorities subjected some journalists to harassment and intimidation. Journalists reported that selective prosecutions served as a mechanism for intimidation. According to Reporters without Borders, the government intimidated activists and journalists. The government’s actions included harassment of some critics, arbitrary enforcement of vaguely worded laws, and informal pressure on publishers, editors, advertisers, and journalists.

Censorship or Content Restrictions: Some major news outlets faced direct and indirect retaliation from the Audiovisual Regulatory Authority (ARAV) for criticism of the government. According to state-run Algerie Presse Service (APS), in March, Algerian authorities warned France 24 to tone down its “biased Hirak coverage.”

On June 13, Communication Minister Ammar Belhimer cancelled France 24’s accreditation for its “clear and repeated hostility towards our country and its institutions.” Upon the withdrawal of France 24’s accreditation, several foreign news outlets said all journalists in Algeria – both foreign and local – faced bureaucratic hurdles and must navigate murky procedural processes to operate.

In June the ARAV suspended El Hayet TV for one week after it broadcast an interview with Nordine Ait Hamouda, the founding member of the opposition party Rally for Culture and Democracy and son of independence war hero Colonel Amirouche Ait Hamouda. During the interview, Nordine Ait Hamouda called several Algerian historical figures “traitors.” The interview prompted the Ministry of Communication to summon El Hayet TV director Habet Hannachi to the ARAV headquarters to explain his decision to broadcast the controversial interview. On June 26, authorities arrested Ait Hamouda and placed him in pretrial detention, although authorities granted his provisional release on August 29 pending trial on charges of “attacking symbols of the nation and the revolution.”

On July 31, the ARAV withdrew the accreditation of Saudi-funded al-Arabiya TV for “propagating misinformation.” In a statement the Ministry of Communication stated al-Arabiya failed to “respect the rules of professional ethics and practiced media misinformation and manipulation.”

On August 16, the Ministry of Communication announced “the immediate and final closure” of the private television channel Lina TV at the request of the ARAV. Communication Minister Ammar Belhimer stated the ARAV had previously warned Lina TV for its “noncompliance with ethical principles.” Belhimer characterized the channel as a “danger to national unity.” The Ministry added that Lina TV did not have the required accreditation to operate.

On August 23, the Ministry of Communication suspended the private progovernment television channel El Bilad TV for one week. The ARAV based its decision on “noncompliance with the requirements of public order” and due to legal proceedings against Ayoub Aissiou, a station shareholder who also owns El Djazairia One. The government accused Aissiou of violating the law on broadcast activity, which forbids holding shares in more than one television station.

On August 23, the Ministry of Communication shut down the private television channel El Djazairia One, after the ARAV recommended its immediate closure. On August 24, officials at the ARAV said El Djazairia One’s owners violated the law on audiovisual activity by purchasing shares in more than one television channel. The station’s owners, brothers Ayoub and Tayeb Aissiou, were close associates of former president Abdelaziz Bouteflika and Bouteflika-era prime minister Ahmed Ouyahia.

On August 24, the ARAV censured state-run EPTV after one of its reporters said the suspects arrested for lynching Djamel Bensmail were charged with belonging to a “terrorist region” instead of a “terrorist organization.” The ARAV stated this was “an unforgivable breach,” prompting EPTV to apologize and discipline the reporter.

Libel/Slander Laws: NGOs and observers criticized the law on defamation as vaguely drafted and stated 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 a serious misdemeanor that carries a fine. 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.

The law criminalizes statements denigrating Islam or insulting the Prophet Muhammed or “messengers of God.”

b. Freedoms 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.

c. Freedom of Religion

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

d. Freedom of Movement and the Right to Leave the Country

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

In-country Movement: The constitution provides citizens “the right to freely choose their place of residence and to move throughout the national territory.” Citing the threat of terrorism, the government prevented overland tourist travel between the southern cities of Tamanrasset, Djanet, and Illizi.

Foreign Travel: The constitution states that citizens have the right to enter and exit the country. The law does not permit those younger than 18 to travel abroad without a guardian’s permission. Married women younger than 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.

e. Status and Treatment of Internally Displaced Persons

Not applicable.

f. Protection of Refugees

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.

The International Organization for Migration (IOM) estimated 90,000 migrants enter the country annually, and the Ministry of Interior reported approximately 100,000.

According to UNHCR’s September report on refugees in Algeria and Sahrawi refugees in Tindouf, there were 7,830 refugees in urban areas, 2,450 asylum seekers in urban areas, and an estimated 90,000 “vulnerable” Sahrawi refugees. The government protected a significant number of refugees in five large refugee camps in Tindouf and ran two other smaller camps near Tindouf, one surrounding a women’s boarding school, and another used for administrative purposes. UNHCR reported many Sahrawi refugees lost their jobs and other sources of income due to COVID-19. UNHCR, the World Food Program (WFP), UNICEF, the Algerian Red Crescent, the Sahrawi Red Crescent, and other organizations assisted Sahrawi refugees.

As of September, UNHCR continued registering asylum seekers, determining refugee status, issuing documentation, and advocating for the adoption of legislation to protect persons in need of international protection. Despite the ongoing border closures, asylum applications rose during the year, with 1,570 recorded in the first half of the year, an increase of 20 percent compared with 2020, due to the progressive easing of COVID-19 restrictions. UNHCR monitored and advocated for the release of refugees.

Access to Asylum: While the law generally provides 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. From the beginning of January to June, UNHCR recommended 35 refugees for resettlement to France, Canada, and Sweden, and submitted 41 refugees for resettlement to Canada and Sweden during the same period. UNHCR assisted eight refugees to depart Algeria for family and educational reasons. UNHCR reported the majority of its registered refugees came from Syria, the Palestinian Territories, Yemen, Mali, and other countries in sub-Saharan Africa. 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.

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 Mali border inconsistent with traditional migratory movements.

In 2019 the National Human Rights Council stated the government had dedicated 1.6 billion dinars ($12 million) to ensure the human rights of migrants during repatriation operations (to include accommodation, food, clothing, health care, medicines, and transportation). Authorities conducted repatriations in coordination with consular officials from the migrants’ countries of origin, but the migrants were not permitted to challenge their removal. The government stated 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. Air Algerie signed an agreement with the IOM agreeing to provide charter flights for humanitarian supplies and migrants returning voluntarily.

Since January the NGO Alarme Phone Sahara (APS) reported the government deported 18,749 individuals from Algeria to Niger, an increase from 4,722 individuals in 2020. APS reported two types of deportation convoys from Algeria to Niger: official deportation convoys and nonofficial deportation convoys. Official deportations from Algeria to Niger take place pursuant to a 2014 bilateral agreement for the deportation of Nigerien nationals. According to APS, however, Algeria also deports numerous nationals from other countries to Niger in nonofficial convoys, and the Nigerien authorities lacked the power or the will to stop this practice. Convoys also left citizens of various nationalities near Assamaka where they must walk the last 10 to 15 miles into Nigerien territory. APS reported the IOM, Doctors without Borders, and Nigerien security forces looked for deportees lost in the desert. According to APS, deportees includes nationals from Cote d’Ivoire, Benin, Burkina Faso, Cameroon, Central African Republic, Chad, Eritrea, Ghana, Guinea, Guinea Bissau, Liberia, Mali, Nigeria, Senegal, Sierra Leone, Sudan, and Togo.

In April the NGO Doctors Without Borders reported that authorities forcibly returned more than 4,000 migrants to Niger. Many migrants travelled on trucks that returned them to Agadez, a Nigerien city that has become a crossroads on the migration route.

On September 29, APS reported that the country deported 894 individuals in a nonofficial convoy to the Assamaka border post.

On October 1, APS reported an additional 1,275 individuals in an official convoy were transported to the Assamaka border post.

Abuse of Migrants, Refugees, and Stateless Persons: UNHCR reported refugees and migrants traversing land routes to and through the country continued to risk death, kidnapping, sexual- and gender-based violence, physical abuse, and other violence.

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 administered by the Popular Front for the Liberation of the Saguia el Hamra and Rio de Oro (POLISARIO) near the city of Tindouf. 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. The Algerian 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 being 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 integrating 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 health-care facilities.

Durable Solutions: The government did not accept refugees from foreign countries for resettlement. The Sahrawi refugees have not sought local integration or naturalization during their over 40-year stay in the refugee camps near Tindouf, and the Polisario Front continued to call for a referendum on independence in Western Sahara. The IOM led an Assisted Voluntary Return and Reintegration program to help migrants return to their homes willingly with economic and social support, including personalized professional training and other socioeconomic assistance. Although the government was not a financial donor to the initiative, it did cooperate.

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

a. Freedom of Expression, Including for Members of the Press and Other Media

The constitution and law provide for freedom of expression, including for members of the press and other media, and the government generally respected this right. An independent media, an effective judiciary, and a functioning democratic political system combined to promote freedom of expression, including for members of the media.

b. Freedoms of Peaceful Assembly and Association

The constitution and law provide for the freedoms of assembly and association, and the government generally respected these rights. During the COVID-19 pandemic, the government temporarily restricted large gatherings and public assemblies according to the law.

c. Freedom of Religion

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

d. Freedom of Movement and the Right to Leave the Country

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

e. Status and Treatment of Internally Displaced Persons

Not applicable.

f. Protection of Refugees

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

Access to Asylum: The law does not provide for the granting of asylum or refugee status, and the government has not established a system for providing protection to refugees, preferring to deal with refugees on an ad hoc basis. There is a lack of domestic legislation on asylum seekers and refugees and, in particular, on measures to protect unaccompanied and refugee children. The law, however, provides for a residency and work permit issued under the country’s temporary and transitional protection regime. The law provides for the temporary protection of asylum seekers and allows their entry, stay, and right to work for a two-year period, renewable for six additional months. After this period the beneficiary can either return to the country of origin, go to a third country, or stay in Andorra if the individual complies with all the immigration requirements. The government and the Community of Sant’Egidio maintained a humanitarian corridor from French and Spanish airports for refugees to enter the country. In June a Syrian family of three arrived in the country. Since the start of the corridor in 2018, eight Syrian refugees received legal, medical, psychological, social, and educational assistance.

Access to Basic Services: The law provides for housing, as well as access to social services, health care, and education. The government provided these benefits to the incoming refugees and Sant’Egidio refugees with the support of the Andorran Red Cross, Caritas, and the Association Open-Open Them (Associacio Obrim, Obrim-les).

a. Freedom of Expression, Including for Members of the Press and Other Media

The constitution and law provide for freedom of expression, including for members of the press and other media, but the government did not always respect this right. State media continued to be the primary source for news and generally reflected a progovernment view. Individuals were increasingly able to use private media and social media platforms to openly criticize government policies and practices. Reporting on corruption was the primary reason for attacks against journalists, which occurred with impunity.

Freedom of Expression: Individuals reported practicing self-censorship but generally were able to criticize government policies without fear of direct reprisal. Social media was widely used in the larger cities and provided an open forum for discussion.

Freedom of Expression for Members of the Press and Other Media, Including Online Media: In May the government ordered three television stations to cease broadcasting all content and accused the stations of failing to register properly. This further solidified government control of the country’s television stations, as several other private media outlets returned to state control in 2020 following a state corruption investigation conclusion that the outlets had been illegally funded with public funds through individuals with ties to former president Jose Eduardo dos Santos. Journalists and opposition parties said the seizure of the media outlets would limit independent journalism leading up to national elections in 2022. The government argued that the seized companies were in poor economic shape and needed to be restructured before offering them for sale to investors under the government’s privatization program.

Transmission licenses are granted by the minister of telecommunication, technology, and media. Journalists criticized the cost of licenses and said high costs impeded media pluralism and the emergence of new players. The base license to operate a television station was $1.4 million, while a radio license cost $136,000. Journalists also criticized the opacity of the process used by the government to grant transmission licenses.

Journalists routinely complained of lack of transparency and communication from government press offices and other government officials.

The president appoints the leadership of all major state-owned media outlets, and state control of these outlets often led to one-sided reporting. State news outlets, including Angolan Public Television (TPA), Radio Nacional, and the Jornal de Angola newspaper, favored the ruling party but increased their coverage of opposition political parties’ perspectives, as well as of social problems reflecting poor governance. TPA broadcast plenary sessions of the National Assembly live, including interventions by opposition parties. TPA also invited opposition politicians and civil society members to comment live on stories featured on nightly newscasts, but private stations were prohibited from filming parliament. Opposition parties received less overall coverage on state media than the ruling Popular Movement for the Liberation of Angola (MPLA) party, and it was often difficult to distinguish between communications of the government and those of the ruling party.

Violence and Harassment: Journalists reported more incidents of violence or harassment compared with the previous year.

In March an editor of a weekly newspaper was held for questioning and a criminal case was opened against him after he published an article critical of President Lourenco. In April a reporter for Radio Despertar, an opposition-run media outlet, was arrested for covering antieviction protests. He was held for five days, and his equipment was retained by authorities.

Censorship or Content Restrictions: The Regulatory Entity for Social Communication (ERCA) is a body composed of 11 counselors designated by political parties represented in the parliament, the government, and journalists. ERCA’s responsibility is to safeguard press freedom and lawful media activity and to issue regulations and decisions on those issues. Journalists and opposition political parties criticized ERCA for being controlled by the ruling MPLA and for issuing regulations that favored the government.

The Ethics and Credentialing Commission (ECC) is a body exclusively composed of journalists that is authorized to license and delicense journalists. In July the Ministry of Telecommunications, Technology, and Social Communication opened an office to support ECC operations. As of October any media outlets allowing a journalist to work without the credential faced a fine of approximately 23,100 kwanza ($42 dollars), which was approximately a journalist’s monthly salary. Journalists reported practicing self-censorship for political and financial reasons.

The minister of social communication, the spokesperson of the presidency, and the national director of information maintained significant decision-making authority over media. It was commonly understood these individuals actively vetted news stories in the state-controlled print, television, and radio media and exercised considerable authority over some privately owned outlets. State-controlled media rarely published or broadcast stories critical of the ruling party, government officials, or government policies. Coverage critical of the previous government of Jose Eduardo dos Santos and of senior-level officials who had been dismissed on allegations of corruption increased significantly during the year.

Libel/Slander Laws: Defamation is a crime punishable by imprisonment or a fine. Unlike cases in which defendants are presumed innocent until proven guilty, defendants in defamation cases have the burden of proving their innocence by providing evidence of the validity of the allegedly damaging material.

Several journalists in print media, radio, and political blogs faced libel and defamation lawsuits. Journalists complained the government used libel laws to limit their ability to report on corruption and nepotistic practices, while the government assessed that some journalists abused their positions and published inaccurate stories regarding government officials without verifying the facts or providing the accused with the right of reply.

In April defamation charges were brought against an editor and founder of a privately owned newspaper in Benguela. During the year criminal defamation charges were also brought against editors of several news outlets that had published articles on government corruption. In July government officials filed charges of defamation against two journalists after they reported on government corruption. An editor of an online news outlet was convicted of criminal defamation after he published articles on land appropriation and government corruption.

b. Freedoms of Peaceful Assembly and Association

The constitution and law provide for the right of peaceful assembly and association, and the government sometimes respected these rights.

c. Freedom of Religion

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

d. Freedom of Movement and the Right to Leave the Country

The constitution and law provide for freedom of internal movement, foreign travel, emigration, and repatriation. The government at times restricted these rights.

In-country Movement: Document checkpoints in domestic airports and on roads throughout the country were common. Reports by local NGOs suggested that, despite an incremental drop in cases, some police officers continued to extort money from civilians at checkpoints and during regular traffic stops. Reports from the diamond-mining provinces of Lunda Norte and Lunda Sul indicated some government agents restricted the movements of local communities.

e. Status and Treatment of Internally Displaced Persons

During the year, due to a severe, prolonged drought in the southern provinces, approximately 15,000 internally displaced persons (IDPs) congregated around feeding centers in Cunene, Huila, and Namibe Provinces. As of late September the centers and camps were not organized or managed but consisted of organic congregations of persons numbering up to 2,000 in one location.

f. Protection of Refugees

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

Access to Asylum: The law provides for the granting of asylum or refugee status, but the government had not fully implemented the law. The law provides specific procedures for the submission of an asylum application and guidance on the determination of refugee status. UNHCR and several NGOs, however, reported that asylum seekers did not have a mechanism to apply for or resolve their status. A 2015 law changed the role of the Committee for the Recognition of the Right to Asylum, the prior implementing mechanism to identify, verify, and legalize asylum seekers, to that of an advisory board. The government had not put into practice a mechanism to adjudicate asylum cases in the committee’s place. The law also authorized the creation of reception centers for refugees and asylum seekers where they were to receive assistance until the government decides on their cases, but the government had not yet established these centers.

Abuse of Migrants and Refugees: There were reports throughout the year that Lunda Norte provincial authorities exerted pressure on irregular migrants to return to the Democratic Republic of the Congo (DRC). The International Organization for Migration recorded more than 8,000 irregular migrants returning from Angola to the DRC in August and September. Departing irregular migrants often did not have access to water or shelter during their journey on foot to the border and were at risk of human rights abuses, including gender-based violence. The government permitted two female refugees within the irregular migrant group to remain in Angola. The government failed to provide adequate protection for asylum seekers and urban refugees in this area.

In 2018 security forces launched Operation Rescue, a nationwide law enforcement campaign to address violent crime, illegal migration, unlicensed commercial and religious activity, and road accidents. The campaign affected both legal and undocumented migrants, refugees, and stateless persons who relied on the informal markets to make a living, as job opportunities were limited and the law prohibits refugees from operating businesses. One NGO said Operation Rescue had not ended and the problems associated with the operation continued.

Under the law authorities should issue refugee cards with a five-year validity. According to UNHCR the government had not issued or renewed refugee cards since 2015, and no refugee possessed an unexpired, government-issued refugee card during the year. The minister of interior told UN officials that the government would begin to fully implement the law when COVID-19 restrictions were lifted. Refugees reported a general lack of acceptance of the refugee card and lack of knowledge concerning the rights it was intended to safeguard.

Freedom of Movement: UNHCR, NGOs, and refugees reported restrictions on freedom of movement in Lunda Norte Province. Police arbitrarily arrested or detained refugees and confiscated or destroyed their registration documents during periodic roundups, particularly in Dundo, the provincial capital. Refugees also reported periodic restrictions on freedom of movement from their resettlement site in Lovua, Lunda Norte Province, and cited such restrictions as a factor motivating them to return to the DRC.

Employment: The law does not allow refugees to work and restricted refugees from obtaining business licenses. A regulation restricted refugees from obtaining the business license required to own and operate a business. Refugees often faced difficulty obtaining employment due to their inability to obtain legal documents required to work in the formal sector. Authorities continued to harass asylum seekers and refugees working in the informal market.

Access to Basic Services: Persons with recognized refugee status could at times obtain public services. The government had not implemented key elements of the 2015 asylum law, such as refugee and asylum seekers’ access to basic services and issuance of documents, including new or renewed refugee cards and birth certificates for refugees’ children born in the country. UNHCR, NGOs, and refugees, however, reported that urban refugees were unable to obtain legal documents and at times faced difficulty accessing public services such as health care and education. Corruption by officials compounded these difficulties. Lack of documentation or expired documentation prevented refugees from owning land or vehicles in their name, purchasing cellular SIM cards, obtaining business licenses, and accessing education beyond primary school.

Durable Solutions: In 2020 the government cooperated with UNHCR and supported an organized voluntary repatriation of 2,912 refugees from Lunda Norte to the DRC. As of August 31, according to UNHCR, 6,801 refugees remained at its Lovua, Lunda Norte, resettlement camp. The government through the Migration and Foreigners Service and the Ministry of Social Action, Family, and Women’s Promotion (Ministry of Social Assistance) participated in the screening phase to ensure that those to be repatriated were refugees, processed the related repatriation documentation, facilitated family reunification for the purpose of returning, verified that those returning were on the Voluntary Repatriation (VolRep) manifest, and signed the VolRep manifest at the borders for handover to counterparts on the DRC side. The COVID-19 pandemic delayed further repatriation convoys.

g. Stateless Persons

The government estimated there were more than 12 million unregistered citizens in the country. Children of undocumented foreign parents born in the country may fall into a stateless status if the parents are unable to register them.

a. Freedom of Expression, Including for Members of the Press and Other Media

The constitution provides for freedom of expression, including for the press and other media, and the government generally respected this right. An independent media, an effective judiciary, and a functioning democratic political system combined to promote freedom of expression, including for members of the media, on a somewhat limited basis.

Freedom of Expression for Members of the Press and Other Media, Including Online Media: There were no privately owned print media. There were claims that the government was hostile to independent broadcast media outlets and did not provide them equal access to government officials. Observers claimed that the government and the prime minister in particular owned media outlets that were used exclusively to disseminate government information. Prime Minister Browne stated that although he was the founder of Pointe FM radio, he was no longer a shareholder; however, he did not reveal the ownership. Senior government officials routinely refused to grant interviews to media outlets that were critical of the ruling party and instead used government media exclusively.

b. Freedoms of Peaceful Assembly and Association

The constitution provides for the freedoms of peaceful assembly and association. In August police teargassed individuals protesting mandatory COVID-19 vaccinations. Police officials stated the protesters were breaking the law because they had not been issued the necessary permit and refused to disperse.

c. Freedom of Religion

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

d. Freedom of Movement and the Right to Leave the Country

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

e. Status and Treatment of Internally Displaced Persons

Not Applicable.

f. Protection of Refugees

The government cooperated with the Office of the UN High Commissioner for Refugees, the International Organization for Migration, and other humanitarian organizations in assisting refugees and asylum seekers.

Access to Asylum: The law does not provide for the granting of asylum or refugee status, and the government has not established a system for providing protection to refugees. The government handles asylum requests on an ad hoc basis.

a. Freedom of Expression, Including for Members of the Press and Other Media

The “law” provides for freedom of expression, including for members of the press and other media, and authorities generally respected this right. Libel and blasphemy are criminalized, but these “laws” are rarely enforced by “courts.” While individuals were sometimes able to criticize authorities publicly without reprisal, human rights defenders, NGOs, and press reported a marked increase in harassment and threats against critics of the “TRNC government,” of Turkish interference into Turkish Cypriot affairs, and of Turkish President Erdogan.

Freedom of Expression: It is a criminal offense to insult the “government,” the Turkish government, or “government” officials. This often led journalists and others to self-censor. According to NGOs, journalists, and human rights defenders, authorities advised some journalists not to criticize the Turkish government. An NGO reported that due to perceived pressure and potential reaction from Turkey, some journalists did not express their critical opinions and preferred to remain silent. According to a survey conducted by the Center for Migration, Identity, and Rights Studies, 63 percent of respondents said freedom of speech had declined in the past year.

According to media reports and human rights defenders, police prevented opposition political parties, NGOs, and unions from assembling in front of the Turkish “embassy” on March 12 and March 21 to demonstrate against the arrest of Leftist Movement member Abdullah Korkmazhan. Following complaints from the Turkish Justice and Reform Party youth branch, authorities arrested Korkmazhan and three others on March 12 on suspicion of vandalizing “Love Erdogan” billboards. Korkmazhan was charged with “conspiracy to create a secret alliance” and released, only to be detained again on March 19 after making remarks critical of “president” Tatar during a subsequent protest. Korkmazhan said that police confiscated his cell phone and charged him with insulting the “TRNC president.” The “president” formally asked the court to sentence Korkmazhan to five years in prison. The court released him on bail for 25,000 Turkish lira ($2,717 as of mid-October) and ordered him to report in-person to a police station weekly. As of November Turkish Cypriot police still had Korkmazhan’s cell phone in their possession. In March Tatar filed another defamation and slander lawsuit against Korkmazhan, seeking compensation of 100,000 Turkish lira ($10,870 as of mid-October) for the speech he delivered at the protest against Tatar. The charges against Korkmazhan were pending at year’s end, and he reportedly continued to appear at a police station every week.

This Country is Ours Platform, an umbrella organization for more than 25 trade unions and political parties that supports a federal solution to the Cyprus problem, released a statement criticizing Turkey’s suppression of freedom of expression in the area administrated by Turkish Cypriots. The Cyprus Press Council, a bicommunal umbrella organization for left-wing, pro-solution parties, issued a statement criticizing Korkmazhan’s arrest as an attempt to “muzzle” critics in northern Cyprus. In March several unions and left-wing political parties issued a joint statement expressing concern that increased suppression of freedom of expression in Turkey was having a spillover effect in the “TRNC.”

Freedom of Expression for Members of the Press and Other Media, Including Online Media: While authorities usually respected press and media freedom, at times they harassed, intimidated, or arrested journalists or otherwise obstructed their reporting.

In March the Turkish Cypriot Journalists Association and the Press Workers Union held a demonstration with approximately 200 participants in support of press freedom and freedom of expression. In their joint statement to the press, the association and the union stated there has been an increase of insults, pressure, mobbing, and violence against journalists in northern Cyprus, and that freedom of expression and freedom of the press was under threat.

Violence and Harassment: There were reports that defendants in some “court” cases allegedly threatened journalists, who also faced pressure to report favorably on companies that advertised in their publications.

A journalist association reported some journalists were verbally and physically attacked at “court” hearings by detainees or their families or friends. Other journalists reported being similarly assaulted while reporting at hospitals and police stations by individuals associated with detainees.

In October the Turkish Cypriot Journalist’s Association condemned the beating of journalist Suna Erden for attempting to photograph right-wing National Democratic Party leader Buray Buskuvutcu as he was entering the Kyrenia District “Court.” The association reported Erden was blocked by 15 individuals known to be Buskuvutcu’s security guards and physically attacked outside the “court.”

Censorship or Content Restrictions: Journalists cannot interview or report on persons under control of the armed forces.

Journalists practiced self-censorship to avoid losing their jobs. Journalists reported some press representatives censored themselves when reporting on Turkey’s role in Cyprus and on Turkish leadership. A labor union leader reported a journalist was dismissed from his job for reading and talking about an anti-Erdogan article on a local television channel operated by “president” Tatar’s wife.

Libel/Slander Laws: The “law” criminalizes libel and blasphemy, although “courts” often declined to convict defendants on those charges, citing free speech legal precedent.

b. Freedoms of Peaceful Assembly and Association

The “government” sometimes limited freedoms of peaceful assembly and association.

c. Freedom of Religion

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

d. Freedom of Movement and the Right to Leave the Country

The “law” provides for freedom of internal movement, foreign travel, emigration, and repatriation. Authorities generally respected these rights.

In-country Movement: Authorities required individuals to show identification when crossing the “Green Line.” Due to the COVID-19 pandemic, some checkpoint crossings on the island were closed during the year, at times causing altercations with authorities (see section 2.d. of the Republic of Cyprus report).

In January Turkish Cypriot workers who crossed the buffer zone daily to work in the government-controlled area of Cyprus held a series of demonstrations at “parliament” and at various buffer zone checkpoints. They protested the “Ministry of Health’s” COVID-19-related decision preventing Turkish Cypriot workers from crossing to the south of the Green Line for employment or other purposes without quarantine requirements.

Foreign Travel: Only Turkey recognizes travel documents issued by the “TRNC.” Some Turkish Cypriots used Turkish travel documents, but many obtained travel documents issued by the Republic of Cyprus government. Turkish Cypriots born after 1974 to parents who were both Republic of Cyprus citizens prior to 1974 obtained Republic of Cyprus passports with greater ease than Turkish Cypriots born after 1974 to only one Cypriot parent.

According to media reports and contacts, Turkish authorities barred some Turkish Cypriot critics from entering Turkey in early July and in October. Contacts reported the Turkish “embassy” in the “TRNC” created a list of politicians and writers supportive of a bizonal bicommunal federal (BBF) Cyprus solution and who were critical of Ankara’s policies. Media commentators claimed Ankara’s enforcement of an “entry blacklist” – purportedly introduced in September 2020 – was intended to intimidate BBF solution supporters and silence opposition against the Erdogan regime. Citing national security grounds, Turkish authorities denied entry to former “president” Akinci’s press officer Ali Bizden on July 5, to Turkish Cypriot intellectual and pediatrician, Dr. Ahmet Cavit on July 9, and to the chair of Basin-Sen (the Press Workers’ Union) and journalist Ali Kismir on October 10. Turkish immigration officials told all three they were denied entry for posing a security threat to Turkey. All were reportedly interrogated upon arrival and held overnight at Istanbul airport before being flown back to northern Cyprus.

e. Status and Treatment of Internally Displaced Persons

Turkish Cypriots considered those displaced because of the island’s 1974 division to be refugees, although they fell under the UN definition of internally displaced persons (IDPs). At the time of the division, the number of IDPs in the north was approximately 60,000.

f. Protection of Refugees

Turkish Cypriot authorities at times cooperated with the Refugee Rights Association (RRA), the NGO implementing partner of the Office of the UN High Commissioner for Refugees (UNHCR), and other humanitarian organizations in providing protection and assistance to refugees, returning refugees, or asylum seekers, as well as other persons of concern. UNHCR reported cooperation was more frequent during the first half of the year, when authorities allowed RRA lawyers to interview Syrian asylum seekers seeking access to international protection in Cyprus. Following the introduction of a new “visa” requirement for Syrian nationals in June, cooperation between Turkish Cypriot authorities and UNHCR was less frequent. With the assistance of these organizations, several asylum seekers gained access to asylum procedures in Turkey or in the government-controlled area.

Turkish Cypriot authorities shared information with RRA for locating and identifying Syrian asylum seekers in detention or in quarantine pending deportation. Authorities allowed RRA to access quarantine centers holding Syrian asylum seekers. As a result of RRA’s advocacy, Syrian asylum seekers arriving irregularly from Turkey, Lebanon, or Syria are no longer prosecuted but are instead quarantined pending return to Turkey.

According to human rights advocates, the few refugees residing in the north face racism, exploitation, and challenges achieving self-sufficiency and integration within society.

Access to Asylum: The “law” does not provide for the granting of asylum or refugee status, and authorities have not established a system for providing protection to refugees. An NGO reported that approximately 100 persons of concern to UNHCR were able to stay in the area administered by Turkish Cypriots with UNHCR protection papers.

One NGO reported asylum seekers arriving at legal entry points are generally not allowed entry into the “TRNC,” are detained, and subsequently deported to Turkey. Once returned to Turkey, those that do not have valid residence status face the risk of onward refoulement, particularly non-Syrians, as Turkish authorities continued efforts to deport those it claimed entered the country illegally before they were granted refugee status-determination interviews by Turkish migration authorities. The NGO also reported asylum seekers arriving irregularly are considered prohibited migrants by Turkish Cypriot authorities and are detained under deportation procedures in quarantine facilities.

There were reports Turkish Cypriot authorities continued to deport numerous asylum seekers during the year before UNHCR’s implementing partner could interview them to obtain information necessary for assessing their asylum claims. Some potential asylum seekers who attempted to enter the area administered by Turkish Cypriot authorities illegally were arrested, taken to “court,” and deported after serving their prison sentences. One NGO reported incidents of asylum seekers repeatedly being arrested for irregular entry as many as three times a week, and that these incidents went unreported in the press.

Refoulement: Authorities did not provide protection against the expulsion or return of asylum seekers or refugees to countries where their lives or freedom could be threatened. According to NGOs, authorities at ports often denied entry and extradited to Turkey asylum seekers, including a number of persons designated by the Turkish government as alleged members of the Gulen movement. Some observers considered these deportations refoulement, as the individuals were denied the opportunity to seek refuge in the territory of Cyprus and were at substantial risk of mistreatment in Turkey (also see section 2.f., Protection of Refugees, in the Country Reports on Human Rights Practices for Turkey).

Abuse of Migrants and Refugees: UNHCR reported asylum seekers generally were treated as illegal migrants because an official framework for asylum does not exist in the area administered by Turkish Cypriots. Most were either denied entry or deported, irrespective of the risk of refoulement.

In April, 26 Syrian asylum seekers, two boat captains, and three other accomplices were arrested while illegally entering through the Sadrazamkoy coast, on the northwest side of the island. All 31 were detained and appeared in “court.” The 26 Syrians were quarantined in a student dormitory in Lefke. Following the RRA’s intervention and interviews, 11 individuals were provided with clothing by “social welfare services,” two persons were given access to health care, and one received medication. After 19 days the group was returned to Turkey where they were readmitted and reportedly given access to asylum procedures.

In June police arrested 13 Syrian nationals for illegal entry into the north. The Syrians, all men, were identified at the Famagusta port inside a truck on June 6. They had arrived in a cargo truck from Turkey’s Mersin province and were placed in a student dormitory under police control. After 12 days the group was sent back to Turkey and reportedly given access to asylum procedures.

On July 9, 17 irregular migrants from Syria were discovered on the Taslica coast between Derince and Avtepe in the Karpaz region. Media outlets reported the group included six children, four women, and seven men. Police stated that the boat carrying the migrants was found stranded on the coastline. Following RRA’s intervention and interviews, all individuals were provided with clothing by “social welfare services.” After 19 days the group was returned to Turkey where they were readmitted and reportedly given access to asylum procedures.

Freedom of Movement: Asylum seekers in the area administered by Turkish Cypriots could not travel abroad because they would be unable to return due to their lack of “legal” status.

Employment: According to immigration “law,” employers need official permission from the “Department of Labor” to register foreign workers. Persons holding UNHCR protection papers receive the same access to the labor market as third country nationals, although NGOs reported that authorities refused to issue work permits to some individuals with UNHCR protection papers. UNHCR reported access to employment improved during the year after authorities lifted requirements that job seekers post a financial guarantee and hold a valid passport.

Access to Basic Services: Persons holding UNHCR protection papers and persons of concern to UNHCR who had not gone through a status determination procedure but were found to be of concern after screening could access basic services, including primary health care and education, but lacked access to residence permits or welfare assistance, which rendered them at risk of exploitation and put vulnerable individuals at risk of destitution.

a. Freedom of Expression, Including for Members of the Press and Other Media

The constitution provides for freedom of expression, including for members of the press and other media, and the government generally respected this right. An independent media, an effective judiciary, and a functioning democratic political system combined to promote freedom of expression, including for members of media.

Freedom of Expression for Members of the Press and Other Media, Including Online Media: Independent media were active and expressed a wide variety of views without restriction.

The Committee to Protect Journalists, Argentine Media Corporations Association (ADEPA), and Argentine Journalism Forum (FOPEA) denounced President Fernandez’s March remarks before congress, in which he argued that there was “a perverse system in which judges, prosecutors, supposed spies, and journalists intermingle in order to illegally pursue detained persons and to mount judicial extortion.” Both organizations asserted that Fernandez’s comments were meant to intimidate and stigmatize the press and to discredit journalistic investigations.

In August a federal judge dismissed charges of illicit association and illegal espionage against journalist Daniel Santoro of the Clarin newspaper, citing lack of evidence. The allegations originated in 2019 following disclosure of Santoro’s connections with Marcelo D’Alessio, whom authorities charged with extortion after he allegedly posed as a lawyer and threatened individuals with negative media coverage. Santoro asserted that D’Alessio was a journalistic source. ADEPA and FOPEA repeatedly denounced the accusations against Santoro.

Violence and Harassment: There were reports of physical attacks, threats, and harassment against journalists.

In March a group of persons identified with a labor union attacked the offices of the newspaper Rio Negro in the city of General Roca. The attackers assaulted a photographer and receptionist, threatened staff, and damaged equipment after the newspaper published an article on its investigation into sexual abuse accusations against one of the union members.

In April Neuquen provincial police handcuffed and arrested journalist Agustin Aguilar while he was reporting live on radio regarding a violent incident incited by members from a local union inside the headquarters of his media organization, Grupo Prima.

FOPEA reported eight alleged physical attacks against journalists in 2020, compared with 27 in 2019. Six cases involved physical assaults on journalists covering demonstrations in the city of Buenos Aires and in the provinces of Corrientes, Mendoza, Cordoba, Santa Fe, and Rio Negro.

b. Freedoms of Peaceful Assembly and Association

The constitution provides for the freedoms of peaceful assembly and association, and the government generally respected these rights, with some exceptions.

At times police used force to disperse demonstrators. On March 5, provincial authorities in the city of Formosa ordered local police to disperse demonstrators protesting restrictions implemented in response to the COVID-19 pandemic. Police used sticks, tear gas, and rubber bullets against demonstrators. National government officials, as well as local and international NGOs, expressed concern regarding the harsh measures.

c. Freedom of Religion

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

d. Freedom of Movement and the Right to Leave the Country

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

Beginning in March 2020, the government of Formosa Province restricted the ability of residents and visitors to enter and circulate within the province due to the COVID-19 pandemic. In March a federal court in Formosa ordered the governor to allow free movement within the province to any individual with a negative test for the disease. The judges’ ruling noted that the “illegitimate and unreasonable” provincial actions threatened citizens’ human rights and conflicted with national law.

e. Status and Treatment of Internally Displaced Persons

Not applicable.

f. Protection of Refugees

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

Access to Asylum: The law provides for the granting of asylum or refugee status, and the government has established a system for providing protection to refugees. Decisions on asylum petitions can take up to two years to adjudicate.

As of June the International Organization for Migration (IOM) reported 5,748 Venezuelan migrants had arrived in the country, while approximately 8,300 had departed. Between January and June, the IOM reported 49,852 Venezuelans received permanent residency status in Argentina and 9,020 received temporary residence. The National Commission for Refugees received 1,509 requests for refugee status in 2020, approximately 47 percent fewer than in 2019, and adjudicated 116.

Access to Basic Services: According to UNHCR’s regional representative, due to the COVID-19 pandemic and the resulting restrictions on freedom of movement and association, refugees and migrants continued to lose jobs and livelihoods. Many migrants did not have access to national social programs because they did not have the required documentation or did not meet the requisites.

In July the interior minister signed a change in regulations to allow approximately 6,800 Venezuelan minors to regularize their migration status and receive an identification card. With the card, the minors would be eligible for health, education, and work benefits, as well as a two-year residency permit.

a. Freedom of Expression, Including for Members of the Press and Other Media

The constitution and law provide for freedom of expression, including for members of the press and other media. While the government generally respected this right, parliament enacted several restrictions during the year, amending the law to dramatically raise the maximum civil penalties for insult and defamation in March, criminalize grave insults and obscene or foul language in July, and significantly restrict accredited journalists covering of parliament in August.

Freedom of Expression: Individuals were generally free to criticize the government without fear of reprisal. On July 29, however, authorities indicted Yezidi human rights activist Sashik Sultanyan under Article 226 of the criminal code, which prohibits “actions aimed at the incitement of national, racial, or religious hatred or humiliation of national dignity” for expressing his view that the government was not doing enough to protect the country’s Yezidi minority from discrimination. If convicted, he faced three to six years in prison. A group of NGOs warned the case would “hinder any public discussion of problems related to discrimination or human rights of minorities…” Human Rights Watch called the prosecution malicious and the criminal indictment spurious. On August 6, the ombudsperson stated his office shared these concerns, noting that even if some of Sultanyan’s criticisms were inaccurate, he should not be held criminally liable.

On July 30, parliament adopted legislation that makes it a crime to voice a “grave insult” or offend a person’s dignity in an “extremely indecent manner” (see details under Libel/Slander Laws, below).

Freedom of Expression for Members of the Press and Other Media, Including Online Media: On August 18, citing security concerns, the National Assembly’s leadership adopted changes in procedures for accrediting journalists working in parliament, restricting them to certain areas of parliament and no longer allowing them to interview lawmakers coming out of parliament chambers or approaching their offices. Even before the official changes were adopted, parliament’s administrators applied the restrictions to journalists. On August 5, for example, Panorama.am photojournalist Lilian Galstyan was banned from entering the National Assembly and subsequently lost her National Assembly accreditation as a result of her photo-reportage from the security checkpoint of parliament. Local media watchdogs condemned the ban and actions of parliament’s leadership, noting that such initiatives were regressive and unsubstantiated, and they undermined efforts to establish civilized relations between authorities and the media. Galstyan’s accreditation was reinstated on August 17.

On August 11, during a scuffle between parliamentarians of the ruling party and the opposition, Speaker Alen Simonyan ordered the termination of the session’s live-stream broadcast. Security officers forbade accredited journalists and videographers from filming the incident from their allocated location in parliament. Media watchdogs condemned the speaker’s move, asserting he had exceeded his authority and that citizens had the right to be informed of what was happening in parliament.

During a scuffle between parliamentarians during an August 24 parliamentary session, security officers forcibly removed media representatives from the press booth, not allowing them to continue filming. The officers threatened to deprive News.am news website cameraman Hayk Tonoyan of his parliament accreditation if he continued to film and, according to Tonoyan, they deleted the video of the fight. A similar incident occurred on August 25 during another fight in parliament. In a statement released on August 25, media watchdogs condemned what they described as the continuous harassment of media representatives in parliament. The statement described the restrictions as illegal actions against freedom of speech and the right of the public to be informed.

Media outlets were politically polarized. Private individuals or groups, most of whom were reportedly tied to former authorities or parliamentary opposition parties, owned most broadcast media and newspapers, which tended to reflect the political leanings and financial interests of their proprietors. The number of government-linked outlets started to grow during the year with government officials or individuals tied to them reportedly acquiring new media outlets. These outlets similarly tended to reflect the viewpoints of those tied to them.

Broadcast media, particularly public television, remained one of the primary sources of news and information for the majority of the population. According to some media watchdogs, public television continued to present news and political debates from a progovernment standpoint, although it continued to remain accessible to opposition voices. Cases of bias on public television were especially obvious during the pre-election period. Media monitoring conducted by Yerevan Press Club on the eve of the June 20 parliamentary elections indicated that the public broadcaster paid the least attention to the main opposition force (Armenia bloc) in terms of the volume of allocated airtime. The report also underlined that public television made serious inroads in introducing the culture of pre-election debates.

Social media users freely expressed opinions concerning the government and former authorities on various social media platforms. Use of false social media accounts and attempts to manipulate media, however, continued to increase during the pre-election period but went down slightly following the elections. According to media watchdogs, individuals used manipulation technologies systematically, including hybrid websites, controversial bloggers, “troll factories,” anonymous Telegram channels, and fictional Facebook groups and stories, to attack the government. There were some reports of individuals linked with the government using fake accounts as well, although not as systematically. There was a particular spike in misinformation on COVID-19 and vaccination-related topics, which led to stronger fact-checking efforts by local watchdog organizations.

The country’s few independent media outlets, mostly online, were not self-sustainable and survived only through international donations and support, with limited revenues from advertising and subscription fees.

Media company ownership was mostly nontransparent. The country’s Fourth Action Plan of Open-Government Partnership Initiative of the Republic of Armenia (2018-2020) included commitments to improve ownership disclosure. On June 3, parliament adopted a series of laws on beneficial ownership disclosure that came into force on June 28. They require all limited liability companies to disclose their beneficial owners by January 2022, with media outlets having to comply by November 1.

Violence and Harassment: The local NGO Committee to Protect Freedom of Expression reported 18 cases of violence against journalists during the year, of which six were committed by government officials. The committee reported that 20 journalists and operators were injured. In one case a group of approximately 20 protesters harassed and assaulted RFE/RL reporter Artak Ghulyan and videographer Karen Chilingaryan in Yerevan on February 23. The journalists were broadcasting live from a rally demanding the resignation of Prime Minister Pashinyan when a group of protesters started yelling insults and curse words at them, saying that RFE/RL “will soon be closed down,” according to Ghulyan. When Chilingaryan asked protesters not to interfere with their work, the group punched and kicked Ghulyan and Chilingaryan in full view of police; this continued for five to 10 minutes before police intervened and broke up the scuffle. The journalists were bruised but not seriously injured. The attackers damaged their equipment, breaking a camera, according to reports. The Prosecutor General’s Office was investigating the incident.

Cases of officials using force against journalists or attempting to do so increased during the second half of the year. In most cases law enforcement authorities did not open criminal cases, claiming a lack of legal grounds. For example on March 18, Hakob Arshakyan, who was then minister of high-technology industry, was caught on camera punching Irakanum.am reporter Paylak Fahradyan in the face after the latter noticed him in a cafe and asked him what he was doing there during working hours. Arshakyan resigned following the incident but was later elected deputy speaker of parliament. The SIS did not open a criminal investigation of the incident, alleging lack of criminal grounds.

The SIS decided not to prosecute progovernment parliamentarian Hayk Sargsyan for taking the smartphone of Anush Dashtents, a reporter for opposition daily Hraparak, as she tried to interview him. Sargsyan took the smartphone, attempted to delete the video, and later left with it in his possession. The lawmaker defended his actions and accused Dashtents of violating his privacy. Leading local media NGOs demanded that the Office of the Prosecutor General overturn the SIS decision and order criminal proceedings against Sargsyan. “We maintain that the incident constituted an obstruction of legitimate professional activities,” they said in a joint statement. “But even if the investigators did not characterize [Sargsyan’s actions] in that way, illegally taking away a journalist’s property, breaching the secrecy of their personal data, and coercing them not to disseminate information are sufficient grounds for holding Hayk Sargsyan accountable.”

Libel/Slander Laws: In March the National Assembly amended the civil code to dramatically raise the maximum fines for insult and defamation offenses. Freedom House and local media watchdogs criticized the bill, saying it would “stifle media freedom and freedom of expression.” The amendments came into force on October 23 after the Constitutional Court ruled them constitutional on October 5.

On July 30, the outgoing parliament passed legislation making it a crime to utter a “grave insult” or offend a person’s dignity in an “extremely indecent manner.” Under the amendments, which entered into force August 30, penalties include fines up to 500,000 drams ($1,000) for a single offense of grave insult, up to one million drams ($2,000) for spreading a grave insult publicly or gravely insulting a person in connection with public activity, and if repeated, higher fines and up to three months in prison. The law is stricter for officials, who may also be deprived of the right to hold office. The My Step ruling faction held two readings of the draft and adopted it the same day. As of December 12, law enforcement bodies had opened 166 criminal investigations into alleged violations of the new law. On September 23, media reported that police launched the first criminal case under the new law, for writing an insulting comment under Prime Minister Pashinyan’s photograph on Facebook. In another early case, opposition figure Narek Samsonyan was arrested on December 14 for a social media post he made concerning Yerevan City Council member Davit Khazhakyan of Bright Armenia.

Nongovernmental Impact: According to Emergency 2020: Report on Human Rights Violations by the Police, published by HCAV on April 28, several new antidemocratic initiatives and movements that arose together with increased civil society activity after the 2018 revolution had a chilling effect on civil society. While they positioned themselves as civil society institutes, these organizations’ agendas focused on combating the promotion of human rights and democratic values and provoking hatred through violence and physical threats. Law enforcement bodies opened several investigations into the groups and some of their activities but did not prosecute any of their members.

b. Freedoms of Peaceful Assembly and Association

The constitution and law provide for the freedoms of peaceful assembly and association. The government generally respected these rights, but there were some restrictions.

c. Freedom of Religion

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

d. Freedom of Movement and the Right to Leave the Country

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

e. Status and Treatment of Internally Displaced Persons

As of December 2020, according to the international NGO Internal Displacement Monitoring Center, approximately 2,700 internally displaced persons (IDPs) of the estimated 65,000 households evacuated in connection with the 1988-94 fighting were still living in displacement. Some of the country’s IDPs and refugees lacked adequate housing and had limited economic opportunities. The government did not have specific programs and policies aimed at promoting the safe, voluntary, dignified return, resettlement, or local integration of IDPs.

According to the government, the fall 2020 fighting displaced approximately 100,000 individuals from Nagorno-Karabakh and the surrounding territories, although some reportedly returned to their residences. As of August the Office of the UN High Commissioner for Refugees (UNHCR) estimated that approximately 37,000 of these displaced individuals remained in the county.

f. Protection of Refugees

Authorities cooperated with the UNHCR and other humanitarian organizations in providing protection and assistance to IDPs, refugees, returning refugees, asylum seekers, stateless persons, or other persons of concern.

Access to Asylum: The law provides for granting asylum or refugee status, and the government has established a system for providing protection to refugees. During the COVID-19 state of emergency from March through September 2020, an electronic asylum system was introduced. In September 2020 the Migration Service returned to normal operation.

Applications to reopen closed asylum cases were treated as repeat applications requiring new elements, a practice that hindered access to asylum. While processing cases of individuals in detention was suspended temporarily in early 2020 due to the COVID-19 state of emergency, the processing of other cases continued. As of August, however, the cases of some applicants in detention remained suspended.

The law accounts for specific needs of asylum seekers who are children, persons with mental disabilities, and trauma survivors and allows detention centers to receive asylum applications. Authorities generally enforced the law, but only to the extent scarce resources allowed. Applicants with specific needs were mainly supported by UNHCR through its partner NGOs. Refugees who were not ethnic Armenians could apply for facilitated naturalization, which requires passing a constitutional knowledge test. Such citizenship, however, was rarely granted.

Shortcomings in asylum procedures included limited state funding for interpreters and deficiencies in training and capacity of eligibility determination officers, with no sustainable quality assurance mechanism and a lack of professional development of staff. Asylum seekers expressed concern regarding their access to legal aid. While the law provides for free legal assistance to asylum seekers through the Office of the Public Defender under the Chamber of Advocates, legal, capacity, and operational constraints reportedly hindered the exercise of this right. Legal aid to persons filing their initial asylum applications was limited to the provision of information and counselling, while legal assistance and representation were available to asylum seekers appealing negative asylum decisions. Legal representation at initial asylum hearings was available in only a limited number of cases and only when it was provided by the UNHCR partner NGO. Due to serious systemic constraints, including insufficient and inexperienced staff at the Public Defender’s Office and a lack of interpreter services, asylum seekers reportedly experienced serious difficulties accessing quality legal assistance when they attempted to appeal negative asylum decisions.

Judges exhibited more conservative approaches towards asylum claims, often referring to national security considerations in the abstract and rejecting appeals without thoroughly assessing asylum claims. As a result, unsubstantiated rejection of asylum claims for lack of credibility became more common. While procedures for determining refugee status improved over the past decade, there were concerns over how judges applied basic asylum concepts and the subjective attitudes of staff in assessing religion-based claims. Although some judges received additional training on asylum matters and practical implementation of decisions during the year, asylum cases continued to be assigned to judges lacking in-depth knowledge of relevant law. Judicial review remained a lengthy process as judges remained overloaded with cases.

In May the National Assembly amended the Law on Refugees and Asylum and the administrative procedure code to accelerate asylum procedures for applicants who crossed the border irregularly, were subject to outstanding requests for their extradition, or were subject to criminal prosecution in Armenia; the amendments entered into force in August. Given the obstacles faced by asylum seekers who attempt to obtain legal aid, some experts were concerned that the accelerated procedures could make it more difficult for some asylum applicants to achieve effective remedies.

Authorities continued to offer ethnic Armenians from Syria who remained in the country a choice of protection options, including expedited naturalization, a residence permit, or refugee status. Quick naturalization gave persons displaced from Syria the same legal right to health care and most other social services as other citizens. Many of the countrywide reforms, such as provision of increased social services, higher pensions, and more accessible health care also benefited refugees who became naturalized citizens.

Refugees who are not ethnic Armenians could apply for facilitated naturalization, which requires passing a test focused on knowledge of the constitution. UNHCR had no information of citizenship being granted in such cases.

Refoulement: There were several instances of alleged forced returns of Azerbaijanis who had sought asylum in the country.

Abuse of Migrants, Refugees, and Stateless Persons: There were reports of nonsystemic discrimination in the acceptance of applications and in detention of asylum seekers based on the country of origin, race, or religion of the asylum seeker, as well as difficulties with integration. Civil society contacts reported discriminatory attitudes and suspicion directed towards foreign migrants seeking employment.

Between January and August, seven foreigners seeking asylum were detained due to foreign extradition requests, and another asylum seeker was detained due to irregular entry and an extradition request. As of July, 11 asylum seekers were in detention, including five from Georgia; others were from Turkey, India, Russia, and Iran.

The law allows detention centers to receive asylum applications. Despite a provision in the law exempting asylum seekers from criminal liability for irregular border crossing, authorities required them to remain in detention pending the outcome of their asylum applications or to serve the remainder of their sentences. The new criminal code adopted by parliament in May reflected the nonpenalization clause of the 1951 Refugee Convention, specifically under the articles on irregular crossing of the state border and use of falsified documents. The criminal code was scheduled to come into force in July 2022.

Access to Basic Services: Many asylum seekers were unable to work or receive an education while their cases worked their way through the legal system, despite legal provisions protecting these rights, due to a lack of job openings, difficulty in accessing opportunities, and language barriers. Language differences created barriers to employment, education, and access to services otherwise provided for by law. The government reception center and integration house (a refugee housing facility where some asylum seekers were accommodated) provided some Armenian and Russian language classes.

Housing allocated to refugees was in limited supply, in poor condition, and remained, along with employment, refugees’ greatest concern. During the COVID-19 pandemic, close quarters in the refugee center (a housing facility where some asylum seekers were accommodated) also gave rise to fears of infection, although no COVID-19 cases were reported in the center during the year. Many displaced families relied on a rental subsidy program supported by UNHCR and diaspora organizations, which experts noted was only a temporary solution. Authorities operated an integration house with places for 29 refugees and offered refugees accommodation free of charge during the first months after they acquired refugee status. The conditions of public shelters were often substandard, which caused tensions among the refugees, as some of them received rental subsidy assistance and resided in private accommodations.

Overall, observers assessed refugee and asylum-seeker access to the health-care system as adequate but noted that asylum seekers faced difficulties because they did not have access to the e-health ArMed system, largely due to language barriers. This system permitted advance registration for medical examinations and services and provided information regarding vaccination records that were required for individuals’ travel outside of the country. One service provider noted that some institutions, such as polyclinics, banks, and private employers, did not recognize the Convention Travel Document (issued by Armenia to show that the holder is a refugee and has been granted asylum) as an identification document.

Access to education for many refugees was difficult due to language differences. Other barriers included expenses related to transportation, school supplies, and clothes and bullying by other students.

Durable Solutions: The government accepted refugees for resettlement and offered naturalization to refugees residing on its territory. In May the government adopted the Conceptual Framework for the State Management of Migration that envisaged development of the 2021-31 Integration Strategy and its action plan for 2021-26. The framework also offered integration programs to returnees from West European countries who either voluntarily returned or were deported by the host country.

g. Stateless Persons

According to official data, as of June 30, there were 892 stateless persons in country. There was limited information available on the number, geographic locations, and profile of stateless persons, persons at risk of statelessness, and undocumented persons. The citizenship law provides for the provision of nationality to stateless children born on the country’s territory. Amendments to the citizenship law were adopted by parliament on December 8 and were scheduled to come into force on June 25, 2022. The amendments were intended to help close the remaining gaps related to the naturalization of persons displaced from Azerbaijan in the 1990s as well as loss of citizenship issues.

a. Freedom of Expression, Including for Members of the Press and Other Media

Although the constitution does not explicitly provide for freedom of speech or press and other media, the High Court has held that the constitution implies a limited right to freedom of political expression, and the government generally respected this right. An independent media, an effective judiciary, and a functioning democratic political system combined to promote freedom of expression, including for media.

National Security: In May a Senate Inquiry into Press Freedom released a report that tabled 17 recommendations, including on improving the freedom of information laws and amending the criminal code to reverse the onus on journalists to prove their stories are in the public interest. This followed the 2019 federal police raid on the home of a News Corp reporter seeking information about the publication of classified material, and a subsequent raid on the Australian Broadcasting Corporation headquarters over reporting of alleged war crimes in Afghanistan that sparked a national discussion on press freedom. A coalition of media organizations led the debate and calling for more legal protections for journalists and whistleblowers.

b. Freedoms of Peaceful Assembly and Association

Although the freedoms of peaceful assembly and association are not codified in federal law, the government generally respected these rights.

In July and August, thousands of protesters attended “Freedom Rally” demonstrations against stay-at-home orders and other public health measures adopted in response to the COVID-19 pandemic. Following a July 24 protest in Sydney, New South Wales, police reportedly issued hundreds of fines and charged dozens of protesters for violating public health orders. Some police officers were reportedly injured when protesters then began throwing objects; two men were arrested and charged after allegedly striking a police horse. In August a man was sentenced to eight months jail for his role in organizing antilockdown protests in Sydney.

Victoria police fired pepper-ball rounds during an August 21 protest in Melbourne and arrested more than 200 protesters during what the Victoria police commissioner called one of the most violent protests in 20 years. According to media reports, at least nine officers were taken to the hospital with minor injuries.

c. Freedom of Religion

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

d. Freedom of Movement and the Right to Leave the Country

The law provides for freedom of internal movement, foreign travel, emigration, and repatriation and the government generally respected these rights. Public health orders enacted to control the spread of COVID-19, including internal and external border control measures, quarantine requirements, and lockdowns restricted movement.

In-country Movement: Most state and territory governments enacted interstate border control measures to combat the spread of COVID-19, either temporarily prohibiting movement or enforcing a mandatory 14-day quarantine period on arrival. Several jurisdictions at times prevented citizens from returning to their homes after travelling interstate when a COVID outbreak occurred. Most state and territory governments at times imposed strict lockdown measures to control the spread of COVID-19, requiring residents to stay at home unless commuting for a designated purpose, such as to purchase groceries or for essential work. Some governments temporarily restricted residents’ movements to a three-mile radius, imposed nighttime curfews, and required work permits for those undertaking essential work. Penalties for breaching stay-at-home orders included substantial fines. In August a man was jailed for two months for leaving Sydney in contravention of public health measures.

Some human rights groups expressed concerns about several public health measures imposed by subnational governments. On November 2, 2020, in the case of Loielo v Giles, the Supreme Court of Victoria ruled that a 9 p.m. to 5 a.m. curfew imposed in Victoria in August-September 2020 was lawful, ruling it proportionate to the public health threat and consistent with the state’s Charter of Human Rights.

Foreign Travel: In June a federal court rejected a legal challenge to the pandemic-related requirement for citizens to obtain an exemption from the Department of Home Affairs to leave the country. Citizens and permanent residents must provide evidence that travel supports a permitted purpose such as business, urgent medical treatment not available in the country, or the national interest. Human rights groups criticized pandemic-related health measures sharply reducing inbound international travel, claiming they effectively deprived citizens of the right to enter the country. In April two citizens brought a complaint to the UN Human Rights Committee accusing the government of breaching Article 12 of the International Covenant on Civil and Political Rights, a view echoed by some human rights groups. In May the government implemented a two-week ban on entry by individuals, including citizens, who had recently been in India due to concerns about the COVID-19 situation there. Failure to comply carried a penalty of five years’ imprisonment. Human rights groups and the Office of the UN High Commissioner for Human Rights criticized these restrictions.

e. Status and Treatment of Internally Displaced Persons

Not applicable.

f. Protection of Refugees

The government cooperated with the office of the UN High Commissioner for Refugees (UNHCR) and other humanitarian organizations in providing protection and assistance to refugees, returning refugees, or asylum seekers, as well as other persons of concern. UNHCR noted, however, that it continued to work with the government to overcome the organization’s concerns, including access to durable solutions. In a 2019 submission to a Senate committee, UNHCR detailed challenges such as prolonged detention of migrants and access to asylum and statelessness determination procedures.

Access to Asylum: The law provides for granting asylum or refugee status. The government maintains a humanitarian refugee program that includes several types of visas available to refugees and other humanitarian entrants for resettlement in the country. The Department of Home Affairs oversees refugee resettlement via the Refugee and Humanitarian Program, which distinguishes between “offshore” and “onshore” individuals. Individuals residing offshore – outside the country – can apply for a humanitarian visa if they are subject to persecution in their home country; meet the “compelling reasons” criterion; and satisfy health, character, and national security requirements. Individuals who arrived in the country legally and later seek protection can apply for a Permanent Protection visa. Persons who seek to enter the country without proper authorization are classified as illegal migrants and subject to detention in the country or, for unauthorized maritime arrivals, in a third country for offshore processing. Individuals who arrived illegally may be permitted to apply for a Temporary Protection visa or a Safe Haven Enterprise visa at the discretion and invitation of the responsible government minister but are precluded from applying for a Permanent Protection visa and it was generally very difficult for them to legalize their status.

UNHCR identifies and refers some applicants who are residing offshore to the government (usually the Department of Home Affairs) to be considered under the offshore component of the humanitarian program. While the Migration Act contains family reunification provisions, such requests from irregular migrants are given lowest priority.

The law allows the home affairs minister to designate and enter into an agreement with a third country as a regional processing country for migrants who attempt to enter the country illegally through maritime arrivals. By law any unauthorized maritime arrival entering the country’s waters is liable for transfer to a designated regional processing country for processing and resettlement.

Memoranda of understanding for refugee processing were signed with Papua New Guinea and Nauru. Centers were established in those countries; however, they were closed in October 2017 and March 2019, respectively. The settlement arrangements provide for third-country resettlement of unauthorized maritime arrivals that Nauru or Papua New Guinea assess as needing international protection. The assessments are conducted by the regional processing country under its domestic laws. On October 6, Australia and Papua New Guinea announced the refugee processing agreement between the two countries will end on December 31, and the remining refugees will be offered a permanent migration pathway if they wish to stay in Papua New Guinea. A memorandum of understanding for the resettlement of Nauru-determined refugees in Cambodia existed from 2014-18.

As of August 25, approximately 107 refugees or asylum seekers remained in Nauru, housed in community-based facilities funded by the Australian Government; another 125 remained in similar facilities in Papua New Guinea. Since 2019 all persons transferred to these countries reside in community-based accommodation pending third-country migration outcomes.

A detention facility on Christmas Island, an Australian territory, was reopened in 2020 to accommodate overflow in the country’s immigration detention network. As of August 29, the facility held approximately 250 persons, mostly individuals whose visas were cancelled for character reasons (i.e., persons who served 12 months or more in jail and were pending removal from the country). There were media reports asylum seekers were moved to the facility as early as 2019.

By law the government must facilitate legal representation to all persons in immigration detention in the country when requested. Some government-funded legal assistance remained available for visa applications for unauthorized maritime arrivals.

Abuse of Migrants and Refugees: Domestic and international organizations reported deteriorating mental health among migrants brought from Nauru and Papua New Guinea for medical treatment and detained in immigration facilities in the country. These organizations alleged some migrants held in these facilities lacked access to communal and outdoor areas and to adequate mental health and other medical services, increasing the risk of suicide and self-harm among those being treated. The government released some individuals from these facilities on short-stay visas or into community detention pending departure from the country. The government reported that it provided necessary services to refugees and denied claims of harsh conditions or lack of medical services. Protests in Brisbane and Melbourne seeking policy changes, including a change to community detention policy, continued during the year.

Approval of transfers of asylum seekers and refugees from Nauru and Papua New Guinea to Australia for medical treatment not available in the regional processing location is handled on a case-by-case basis subject to clinical advice.

Durable Solutions: The government accepted refugees for resettlement from third countries and funded refugee resettlement services. The Humanitarian Settlement Services program provided case-specific assistance that included finding accommodation, employment or job training programs, language training, registering for income support and health care, and connecting with community and recreational programs.

Temporary Protection: The law permits two temporary protection options for individuals who arrived in the country without authorization and were not taken to regional processing countries: the Temporary Protection Visa and Safe Haven Enterprise Visa. The government must invite these migrants, who are otherwise barred from making a visa application due to their status as unauthorized arrivals, to apply for either visa. The Temporary Protection Visa is valid for three years, and visa holders can work, study, and reside anywhere in the country with access to support services. Once expired, Temporary Protection Visa holders may apply for another. The Safe Haven Enterprise Visa is valid for five years and is granted on the basis that the visa holder works or studies in nonmetropolitan areas. Safe Haven Enterprise Visa holders may apply for certain permanent or temporary visas after 42 months.

a. Freedom of Expression, Including for Members of the Press and Other Media

The constitution provides for freedom of expression, including for the press and other media, and the government generally respected this right. An independent media, an effective judiciary, and a functioning democratic political system combined to promote freedom of expression, including for members of the media.

Freedom of Expression: The law prohibits incitement, insult, or contempt against a group because of its members’ race, nationality, religion, or ethnicity if the statement violates human dignity, and imposes criminal penalties for violations. The law prohibits public denial, belittlement, approval, or justification of the Nazi genocide or other Nazi crimes against humanity in print media, broadcast media, the publication of books, and online newspapers or journals, and provides criminal penalties for violations. The law also prohibits disparagement of religious teachings in public. The government strictly enforced these laws (see the Department of State’s International Religious Freedom Report at https://www.state.gov/religiousfreedomreport/.

Libel/Slander Laws: Libel, slander, defamation, and denouncement of religious teachings (blasphemy) are criminal offenses and are enforced. NGOs reported that strict libel and slander laws created conditions that discouraged reporting of governmental abuse. For example, many observers believed the ability and willingness of police to sue for libel or slander discouraged individuals from reporting police abuses.

b. Freedoms of Peaceful Assembly and Association

The constitution and law provide for the freedoms of peaceful assembly and association, and the government generally respected these rights.

c. Freedom of Religion

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

d. Freedom of Movement and the Right to Leave the Country

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

In-country Movement: Asylum seekers’ freedom of movement was restricted to the district of the reception center assigned by authorities for the duration of their initial application process, until the country’s responsibility for examining the application was determined. By law asylum seekers must be physically present in the centers of first reception while administrative processing is underway, but no more than 120 hours during the initial application process. Authorities have 20 days in which to determine the country’s responsibility and jurisdiction for the case.

Concerns about the COVID-19 pandemic resulted in special requirements for movement within the country. Due to the COVID-19 pandemic, the government imposed nationwide lockdowns from the beginning of the year through mid-May and from November 22 to December 12. On November 15, the government also imposed a nationwide lockdown for unvaccinated and nonrecovered individuals, requiring them to stay at home unless they needed to exercise, purchase items at essential retail outlets such as grocery stores and pharmacies, or go to work. The lockdown for unvaccinated and nonrecovered individuals continued after the nationwide lockdown ended on December 12. There were also some exit restrictions in provinces and municipalities throughout the country when infection or hospital rates became too high. For example, in September persons near Braunau, which had a high incidence of infection and a low rate of immunization, were required to be vaccinated or tested for COVID-19 with a negative result to leave that area.

e. Status and Treatment of Internally Displaced Persons

Not applicable.

f. Protection of Refugees

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

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

Despite growing criticism by human rights NGOs, the government continued to deport unsuccessful asylum seekers to Afghanistan until August. In a legal challenge brought by an Afghan being held in custody prior to deportation, the Constitutional Court ruled on August 17 that given recent developments in Afghanistan, it was impossible to deport Afghan asylum seekers within any reasonable time. Subsequently, the ministers of interior and foreign affairs acknowledged deportations to Afghanistan were no longer possible and stressed that under EU and Schengen Zone rules, the government instead would return Afghans to the first EU country they entered on their way to Austria.

Safe Country of Origin/Transit: EU regulations provide that asylum seekers who transit an EU country determined to be “safe” on their way to Austria can be returned to that country to apply for refugee status. Authorities considered signatories to the 1951 Refugee Convention and its 1967 Protocol to be safe countries of transit.

Employment: While asylum seekers are legally restricted from seeking regular employment, they are eligible for seasonal work, low-paying community service jobs, or professional training in sectors that require additional apprentices. A work permit is required for seasonal employment but not for professional training. An employer must request the work permit for the prospective employee. Asylum seekers have access to health care services and school education is available to their children, but they do not receive other integration services, such as language classes or employment assistance, until their applications have been approved.

Durable Solutions: While the government processes and grants applications for asylum, there was no active program for resettlement of refugees, and UNHCR was not involved in the refugee or asylum process in the country. The integration section in the Ministry for Women, Family, Youth, and Integration at the Federal Chancellery, together with the Integration Fund and provincial and local integration offices, coordinated measures for integration of refugees.

Temporary Protection: According to the Ministry of Interior, in 2020 the government provided temporary protection to 2,524 individuals who might not qualify as refugees but were unable to return to their home countries. According to the Ministry of Interior, between January and July, the government provided temporary protection to 2,110 individuals.

g. Stateless Persons

According to the government’s statistical office, in January there were 17,992 persons in the country registered as stateless, that is, having undocumented or unclear citizenship. Stateless persons in the country were largely Austrian-born children of foreign nationals who were unable to acquire their parents’ citizenship due to the laws in their parents’ country of origin. Authorities did not deport them because they lacked a home country.

The law allows some stateless persons to gain Austrian nationality. A stateless person born in the country may be granted citizenship within two years of reaching the age of 18 if he or she has lived in the country for a total of 10 years, including five years continuously before application, and is able to demonstrate sufficient income. Stateless persons can receive temporary residence and work permits that must be renewed annually.

a. Freedom of Expression, Including for Members of the Press and Other Media

While the law provides for freedom of expression, including for members of the press and other media and specifically prohibits press censorship, the government habitually violated these rights. The government limited freedom of expression and media independence. Journalists, editors, and independent bloggers faced intimidation and at times were beaten and imprisoned. In addition, there were suspicious acts of violence outside the country (see section 1.e., Politically Motivated Reprisal against Individuals Located Outside the Country). During the year authorities continued to pressure media outlets, journalists, bloggers, and activists in the country and in exile, including their relatives, to refrain from criticizing the government.

Freedom of Expression: Although the constitution provides for freedom of expression, the government continued to repress or attempt to intimidate persons it considered political opponents or critics. The incarceration of such persons raised concerns regarding authorities’ abuse of the judicial system to punish dissent. As of December 10, human rights defenders considered five incarcerated journalists and bloggers to be political prisoners or detainees. A number of incarcerations were widely seen as connected to the exercise of freedom of expression.

Examples of attempts by authorities to intimidate individuals they considered to be government critics included repeated harassing text messages and images on the smart phones of selected activists, including Bakhtiyar Hajiyev. In Hajiyev’s case, the messages included threats to his life. Activists targeted for such harassment considered government authorities responsible based on the software platforms utilized for harassment and the significant financial requirements to carry out such harassment. Another indicator that authorities were involved in this harassment was the visible reluctance of law enforcement bodies to investigate these cases. The constitution prohibits hate speech, defined as “propaganda provoking racial, national, religious, and social discord and animosity” as well as “hostility and other criteria.” Propaganda, slander, and hate speech, however, were used against opposition leaders, bloggers, independent journalists, and dissidents with impunity.

Freedom of Expression for Members of the Press and Media, Including Online Media: Throughout the year government-owned and progovernment outlets continued to dominate broadcast and print media. A limited number of independent and semi-independent online media outlets expressed a wide variety of views on government policies, but authorities pressured them in various ways for doing so. The International Research and Exchanges Board (IREX) 2021 Vibrant Information Barometer noted that in 2020, media in the country stagnated or deteriorated due to COVID-19-related restrictions and the intensive fighting in the Nagorno-Karabakh conflict. According to the report, “During the 44 days of active fighting, internet speeds were regulated for security reasons, limiting access to news; media critical of the government were selectively blocked. Social media platforms remain the only space where freedom of expression can be observed; however, there is a high degree of self-censorship to avoid punishment on sensitive topics. Low media literacy, hate speech, and/or extreme nationalism clashing with the handful of progressive/liberal views still exist.” Journalists needed accreditation to work during the pandemic, but some independent news outlets said they had difficulty obtaining the necessary paperwork, according to the NGO Reporters Without Borders.

Authorities continued exerting pressure on major media rights organizations and independent media outlets outside the country, as well as on individuals in the country associated with those outlets. Foreign media outlets, including Voice of America and Radio Free Europe/Radio Liberty (RFE/RL), were banned in 2009 and remained prohibited from broadcasting on FM radio frequencies. The Russian service Sputnik, which was also originally prohibited from broadcasting, was later allowed to freely broadcast news. Censorship of press websites, restricted visas, and outright bans for those journalists critical of the country’s human rights record continued for foreign outlets and foreign journalists.

In late December the National Assembly rushed approval of a new media law, ignoring the input of civil society, independent journalists, and the international community. The law was awaiting President Aliyev’s signature at year’s end.

Violence and Harassment: During the year police occasionally used force and other methods against journalists and bloggers to prevent their professional activities and limit press freedom. Local observers reported that journalists from independent media outlets were subjected to harassment and cyberattacks. The harassment mainly targeted journalists from Radio Liberty, Azadliq and other opposition and semi-independent newspapers, as well as Meydan TV, Obyektiv Television, and Mikroskop Media. For example, journalists Nargiz Absalamova and Ulviyya Ali reported that on August 6, police punched and insulted them and broke their equipment while the two were covering a peaceful protest. Civil society activists continued to call on the government to conduct effective investigations of the high-profile killings of journalists Rasim Aliyev in 2015, Rafiq Tagi in 2011, and Elmar Huseynov in 2005.

Most local media outlets relied on the patronage of individuals close to the government or the Media Development Agency for income. Those not benefitting from such support experienced financial difficulties, such as problems paying wages, taxes, and periodic court fines.

Censorship or Content Restrictions: Most media outlets practiced self-censorship and avoided topics considered politically sensitive due to fear of government retaliation. The National Radio and Television Council continued to require that local, privately owned television and radio stations not rebroadcast complete news programs of foreign origin. Foreign radio stations were generally banned from direct broadcast.

Libel/Slander Laws: Libel and slander are criminal offenses. The law provides for substantial fines and up to three years’ imprisonment for persons convicted of libel or slander. Conviction of insulting the president is punishable by up to two years’ corrective labor or up to three years’ imprisonment. Libel and slander laws were routinely used to silence government critics, including accredited journalists and bloggers. For example, on March 2, the Sheki Court of Appeal sentenced bloggers Elchin Hasanzade and Ibrahim Salamov Turksoy to eight months in prison. In November 2020 both bloggers were found guilty of alleged “slander” and “insult” and sentenced to six months of correctional labor by the Mingachevir City Court. Human rights activists attributed the bloggers’ arrests as retribution for having publicized alleged corruption by Mingachevir authorities.

National Security: On February 15, the Baku Court of Appeals upheld the November 2020 conviction of Polad Aslanov, the editor in chief of the Xeberman.com and Press-az.com news websites for alleged espionage on behalf of Iran. Aslanov was sentenced to 16 years in prison. Human rights defenders asserted the case was a reprisal for Aslanov’s public assertion that the State Security Service demanded bribes from Azerbaijani pilgrims seeking to travel to Iran.

b. Freedoms of Peaceful Assembly and Association

The constitution provides for the freedoms of peaceful assembly and association, but the government restricted these rights.

c. Freedom of Religion

See the Department of State’s International Religious Freedom Report at https://www.state.gov/international-religious-freedom-reports/.

d. Freedom of Movement and the Right to Leave the Country

The law provides for freedom of internal movement, foreign travel, emigration, and repatriation. The government generally respected many of these rights but continued its practice of limiting freedom of movement for some prominent opposition figures, activists, and journalists.

Foreign Travel: Authorities continued to prevent a number of opposition figures, activists, and journalists from traveling outside the country. For example, Azerbaijan Popular Front Party chairperson Ali Kerimli had been prohibited from traveling since 2006. The law requires men of draft age to register with military authorities before traveling abroad. Authorities placed some travel restrictions on military personnel with access to national security information. Citizens charged with or convicted of criminal offenses and given suspended sentences were not permitted to travel abroad until the terms of their suspended sentences had been met.

e. Status and Treatment of Internally Displaced Persons

The Office of the UN High Commissioner for Refugees (UNHCR) reported 653,921 registered internally displaced persons (IDPs) in the country as of midyear.  The vast majority fled their homes between 1988 and 1994 as a result of the Nagorno-Karabakh conflict.

IDPs had access to education and health care, but their unemployment rate was higher than the national average. Some international observers continued to state the government did not adequately promote the integration of IDPs into society.

f. Protection of Refugees

The government cooperated with UNHCR and other humanitarian organizations in providing protection and assistance to IDPs, refugees, returning refugees, asylum seekers, stateless persons, and other persons of concern.

Access to Asylum: The law provides for the granting of asylum or refugee status, and the government has established a system for providing protection to some refugees through the Refugee Status Determination Department at the State Migration Service, which is responsible for refugee matters. Although UNHCR noted some improvements in conditions for refugees, including access to public education and the legal right to work, the country’s refugee-status determination system did not meet international standards. International NGOs continued to report the service remained inefficient and did not operate transparently.

Safe Country of Origin/Transit: Since 2019 all asylum seekers have had access to asylum procedures. Additionally, since 2020 all refugees under UNHCR’s mandate also have had legal access to the labor market and were covered by the national health services (including free Covid vaccination) on par with Azerbaijani nationals. All of these persons of concern, however, still lack a formal legal status.

Temporary Protection: The government did not provide temporary protection to asylum seekers during the year. Due to the COVID-19 pandemic, however, authorities did not return rejected asylum seekers to their countries of origin and extended their stay in the country.

g. Stateless Persons

According to UNHCR statistics, there were 3,585 persons, per Azerbaijan’s 2009 census, in the country under UNHCR’s statelessness mandate. According to UNHCR, there were 88 persons registered as at risk of statelessness during the year. Of these 88 persons, 10 were able to receive Azerbaijani citizenship or restore their documents. By the end of November, 78 individuals were awaiting legal proceedings. The vast majority of stateless persons were ethnic Azerbaijanis from Georgia or Iran. NGOs stated there were many other undocumented stateless persons, with estimates ranging from hundreds to tens of thousands.

While the law provides for the right to apply for stateless status, some persons could not obtain the documentation required for the application and, therefore, remained formally unrecognized. The law on citizenship makes it difficult for foreigners and stateless persons to obtain citizenship. The State Migration Service received 737 applications from foreigners and stateless persons (762 including children) requesting Azerbaijani citizenship. Citizenship was granted to 577 foreigners and stateless persons (596 including children).

Stateless persons generally enjoyed freedom of internal movement. Stateless persons were not, however, issued travel documents or readmitted if they left the country. The law provides stateless persons with access to the basic rights of citizens, such as access to health care and education, but not employment.

According to the national legislation, stateless persons have access to all rights and services available to the citizens and foreigners in the country except certain rights that are limited to citizens only. However, according to UNHCR, these rights and services were accessible to only those documented with Azerbaijani government statelessness identity cards (IDs) or UNHCR protection documents. Those who lacked any ID documents also lacked access to basic rights, especially because of the expansion of the country’s electronic governance system. As one example, in order to access a health facility, a stateless person must have an ID document with PIN code to be able to get vaccinated or benefit from the mandatory health insurance.

The constitution allows citizenship to be removed “as provided by law.” There were two cases in which citizenship was removed during the year when the individuals obtained citizenship of other countries.

a. Freedom of Expression, Including for Members of the Press and Other Media

The constitution provides for freedom of expression, including for members of the press and other media, and the government generally respected this right. An independent press, an effective judiciary, and a functioning democratic political system combined to promote freedom of expression, including for members of the media. Independent media were active and expressed a wide variety of views without restriction.

New press guidelines released by the Prime Minister’s Office in October drew criticism from local journalists, who called them “unnecessary” and “inappropriate.” According to the guidelines, journalists “should” wear business attire and use specific titles when addressing ministers. The guidelines limited simultaneous accreditation to two journalists and two videographers per media house and required that journalists who requested “specific responses to issues” communicate with the press secretary by 6 p.m. the night before the briefing. The government stated the guidelines were intended to ensure timely responses to journalists’ questions, expand access to new voices in journalism, and facilitate the observance of COVID-19 health protocols.

Libel/Slander Laws: The law criminalizes both negligent and intentional libel, with a penalty of six months’ imprisonment for the former and two years’ imprisonment for the latter. The government did not apply the criminal libel law during the year.

b. Freedoms of Peaceful Assembly and Association

The constitution provides for the freedoms of peaceful assembly and association, and the government generally respected these rights.

c. Freedom of Religion

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

d. Freedom of Movement and the Right to Leave the Country

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

e. Status and Treatment of Internally Displaced Persons

In April the government demolished 10 residential structures housing internally displaced citizens and migrants on the hurricane-ravaged island of Abaco. Before the government continued with its plan to remove more than 200 total structures, the Supreme Court issued an injunction, which remained under appeal. Officials made little to no effort to shelter the displaced residents. In one instance media reported that police confiscated personal property, including generators and small refrigerators. Nongovernmental organizations (NGOs) requested that the items be returned where proof of ownership existed, but the government did not respond.

In response to the demolition orders, the special UN rapporteur for human rights of internally displaced persons urged the government to “immediately cease further evictions and housing demolitions,” calling them “a serious violation of the human right to adequate housing.”

f. Protection of Refugees

The government sometimes cooperated with UNHCR and other humanitarian organizations in providing protection and assistance to refugees, stateless persons, and other persons of concern.

Access to Asylum: While the law does not provide protection for asylum seekers, the government may issue special refugee cards allowing them to work. It did not issue any such cards to the approximately 50 asylum seekers during the year. Access to asylum in the country was informal, since there is no legal framework under which legal protections and practical safeguards can be implemented. The lack of refugee legislation, formal policy, and a point of contact in the government complicated UNHCR’s work to identify and assist asylum seekers and refugees.

Government procedure required the Department of Immigration to forward approved applications to the cabinet for a final decision on granting or denying asylum. The government met with UNHCR to discuss pending asylum cases, including asylum seekers who were detained at Carmichael Road Detention Centre for more than one year.

Authorities did not systematically involve UNHCR in asylum proceedings but allowed UNHCR to interview detained asylum seekers.

Refoulement: The government had an agreement with the government of Cuba to expedite removal of Cuban detainees. The announced intent of the agreement was to reduce the amount of time Cuban migrants spent in detention; however, concerns persisted that the agreement heightened the risk of oppression of detainees and their families by the Cuban government.

Abuse of Migrants and Refugees: The government provided COVID-19 medical assistance to all, regardless of immigration status. For months, however, the government required individuals to present Bahamian identification to register for the COVID-19 vaccine; the government later lifted the requirement. The government’s lack of clear guidance enabled rumors and fear to spread among migrants that presenting oneself for vaccination would result in deportation. Migrants accused police and immigration officers of soliciting bribes. Human rights organizations alleged bias against migrants, particularly those of Haitian descent, including through eviction notices in informal settlements.

g. Stateless Persons

Not all individuals born in the country are automatically afforded citizenship. For example, children born in the country to non-Bahamian parents, to an unwed Bahamian father and a non-Bahamian mother, or outside the country to a Bahamian mother and a non-Bahamian father do not acquire citizenship at birth. The government did not effectively implement laws and policies to provide certain long-term residents the opportunity to gain nationality in a timely manner and on a nondiscriminatory basis. There was little progress in advancing legislation intended to address the issue of statelessness.

Under the constitution, Bahamian-born persons of foreign heritage must apply for citizenship during a 12-month period following their 18th birthday, but applicants sometimes waited many years for a government response. The short period for application, difficult documentary requirements, and long waiting times left multiple generations of persons, primarily persons of Haitian descent, without a nationality. Government policy allows individuals who missed the 12-month window to gain legal permanent resident status with the right to work, but some Haitian residents lacked the necessary documents.

There were no reliable estimates of the number of persons without a confirmed nationality. The government asserted a number of “stateless” individuals who had a legitimate claim to Haitian citizenship refused to pursue it due to fear of deportation or loss of future claim to Bahamian citizenship. Such persons often faced waiting periods of several years for the government to decide on their nationality applications and, as a result, in the interim lacked proper documentation to secure employment, housing, and other public services. The lack of a passport also prohibited students from accessing higher education outside the country.

In two separate cases, persons born in The Bahamas to non-Bahamian parents were still awaiting the government’s determination on their nationality – one had waited 19 years and another 21 years – after submitting their applications. In both situations the individual relied on their employer to sponsor and renew their work permits each year to maintain legal status.

Minors born in the country to non-Bahamian parents were eligible to apply for “belonger” status that entitled them to reside in the country legally and access public education and health insurance. Belonger permits were readily available. The government does not bar children without legal status from government schools. To facilitate online instruction during the COVID-19 pandemic, the Ministry of Education provided computer tablets to students enrolled in the government-subsidized school lunch program, including children without legal status. Community activists alleged some schools continued to discriminate by falsely claiming to be full to avoid admitting children of Haitian descent.

The law denies mothers the right to confer nationality to their children on an equal basis with men. Specifically, women with foreign-born spouses do not automatically transmit citizenship to their spouses or children. Many of the provisions that preclude full gender equality in nationality matters are entrenched in the constitution; to change them would require a constitutional referendum.

a. Freedom of Expression, Including for Members of the Press and Other Media

The constitution provides for freedom of speech and for members of the press and other media, “provided that the fundamental beliefs of Islamic doctrine are not infringed, the unity of the people is not prejudiced, and discord and sectarianism are not aroused.” This constitutional provision, however, does not extend protection to social media. The government limited freedom of expression and press freedom through prosecutions of individuals under libel, slander, and national security laws that targeted both professional and citizen journalists.

Freedom of Expression: The law forbids any speech that infringes on public order or morals. Speech was curtailed in both traditional media and social media. While individuals openly expressed critical opinions regarding domestic political and social issues in private settings, those who expressed such opinions publicly often faced repercussions. During the year the government took steps against what it considered acts of civil disobedience, which included critical speech. The penal code allows penalties of no less than one year and no more than seven years of imprisonment, plus a fine, for anyone who “offends the monarch of the Kingdom of Bahrain, the flag, or the national emblem.”

On January 21, authorities released Shia preacher Sheikh Abdul Mohsin Mulla Atiyya al-Jamri after a one-year prison sentence. Al-Jamri was convicted of delivering a sermon “disdaining a figure that is revered by a religious group,” according to the PPO.

On July 8, retired military officer and social media activist Mohamed al-Zayani was sentenced to a two-year noncustodial sentence after posting a video criticizing the PPO and the judiciary. Al-Zayani was an outspoken critic on sensitive topics, such as political prisoners and corruption.

International and local NGOs reported that police summoned three clerics in August during the days leading up to, and following, the Ashura religious rites. Authorities reportedly summoned and interrogated them for the content of their sermons, and specifically for “inciting sectarian hatred.” Police held two of them overnight; the third cleric remained in police custody as of year’s end.

Freedom of Expression for Members of the Press and Other Media, Including Online Media: The government did not own any print media, but the Ministry of Information Affairs and other government entities exercised considerable control over privately owned domestic print media.

The government owned and operated all domestic radio and television stations. Audiences generally received radio and television broadcasts in Arabic and English from stations based outside the country, including by satellite. The Ministry of Information Affairs reviewed all books and publications prior to issuing printing licenses. The Ministry of Justice, Islamic Affairs, and Endowments also reviewed those books that discussed religion.

Violence and Harassment: According to local journalists and human rights groups, authorities sometimes harassed, arrested, or threatened journalists, photographers, and “citizen journalists” active on social media due to their reporting. Authorities claimed, however, that some individuals who identified themselves as journalists and photographers were associated with violent opposition groups and produced propaganda and recruiting videos for these groups. International media representatives reported difficulty in obtaining visas to work as journalists.

In June authorities detained a Sunni former member of parliament, Osama al-Tamimi, who had been critical on social media and in parliament of the ruling family and the treatment of prisoners. He was in the hospital for medical treatment at the time of his arrest. On June 27, he posted a message from prison, accusing authorities of penalizing his family by laying off his siblings from their government jobs, expelling his children from school, conducting multiple raids on his house, and vandalizing his property. Al-Tamimi also accused authorities of seizing his assets, freezing his local bank accounts, and injecting him with toxic substances. He remained in prison without charges at year’s end.

Censorship or Content Restrictions: Government censorship occurred. Ministry of Information Affairs personnel actively monitored and blocked stories on matters deemed sensitive, especially those related to sectarianism, national security, or criticism of the royal family, the Saudi royal family, or the judiciary. Journalists widely practiced self-censorship. Some members of media reported government officials contacted editors directly and told them to stop publishing articles on certain subjects.

The press and publications law prohibits anti-Islamic content in media and mandates imprisonment for “exposing the state’s official religion to offense and criticism.” The law states, “Any publication that prejudices the ruling system of the country and its official religion may be banned from publication by a ministerial order.” In November, after a movie studio refused to edit out certain scenes, the Ministry of Information banned the screening of a film due to its portrayal of a lesbian, gay, bisexual, transgender, queer, or intersex (LGBTQI+) character and a same-sex relationship.

Libel/Slander Laws: The government enforced libel and national security-related laws restricting freedom of the press. The penal code prohibits libel, slander, and “divulging secrets,” and it stipulates a punishment of imprisonment of no more than two years or a fine. Application of the slander law was selective.

National Security: National security laws provide for substantial fines and prison sentences of at least six months for criticizing the king or inciting actions that undermine state security, as well as fines for 14 related offenses. Punishable activities include publicizing statements issued by a foreign state or organization without prior government approval, publishing reports that adversely affect the value of the dinar (BHD), the local currency, saying anything offensive against a head of state that maintains diplomatic relations with the country, and publishing offensive remarks concerning accredited representatives of foreign countries.

b. Freedoms of Peaceful Assembly and Association

The government restricted freedoms of peaceful assembly and association.

c. Freedom of Religion

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

d. Freedom of Movement and the Right to Leave the Country

The constitution provides for freedom of internal movement, foreign travel, emigration, and repatriation. The government did not always respect these rights.

Foreign Travel: The law provides that the government may reject for “reasonable cause” applications to obtain or renew passports, but the applicant has the right to appeal such decisions before the High Civil Court. Individuals, including citizens of other countries, reported authorities blocked them from leaving over unpaid debts or other fiduciary obligations to private individuals or lending institutions, as well as for open court cases. The government maintained an online website enabling individuals to check their status before travel, although some persons claimed the website’s information was unreliable. Authorities relied on determinations of “national security” when adjudicating passport applications. The government sometimes prevented civil society activists and others who publicly criticized the government from leaving the country, including for travel to Geneva and other western capitals that host UN agencies. Reports alleged that four minor children were denied issuance of passports in retaliation for their exiled family members’ activities.

Exile: There were no reports the government prohibited the return of individuals it considered citizens. The government, however, prohibited the return of those whose citizenship it had formally revoked, or those it no longer considered citizens.

Citizenship: The government may revoke citizenship in both criminal and political cases, including for natural-born citizens. Authorities maintained the revocation of citizenship of some opposition political and religious figures. The government did not consider whether individuals may become stateless by these actions. At times it threatened to halt payments of pensions or remove families from government-assisted housing if the head of household lost his citizenship. Some family members, especially women and adult and minor children, reported difficulties renewing or obtaining their own passports, residence cards, and birth certificates. The government did not report how many persons had their citizenship revoked during the year; international human rights NGOs placed the total number at more than 900 since 2012, with the government reinstating more than 55 percent of revoked citizenships as of 2019.

e. Status and Treatment of Internally Displaced Persons

Not applicable.

f. Protection of Refugees

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

Access to Asylum: The law does not provide for the granting of asylum or refugee status, and the government has not established a system for providing protection to refugees. The government at times provided protection against the expulsion or return of refugees to countries where their lives or freedom would be threatened on account of their race, religion, nationality, membership in a particular social group, or political opinion. Such protection was mostly limited to those who were able to obtain and maintain employment in the country. Such individuals generally had access to health care and education services while employed but were at risk of deportation if they became unemployed or their country of origin revoked their passports. UNHCR reported that as of October, there were 255 refugees and 123 asylum-seekers registered with the agency.

g. Stateless Persons

Individuals generally derive citizenship from the father, but the king may also confer or revoke citizenship. The government considers only the father’s citizenship; it does not generally grant citizenship to children born to citizen mothers and foreign fathers, even if they were born within the country (see section 6, Children). Similarly, the government does not provide a path to citizenship for foreign men married to citizen women, while allowing foreign women married to citizen men to become citizens. Human rights organizations reported these laws resulted in stateless children, particularly when the foreign father was unable or unwilling to secure citizenship for the child from the father’s country of nationality, or when the father was stateless, deceased, or unknown. The number of stateless persons residing in the country was unknown. Stateless persons had limited access to social services, education, and employment.

NGOs confirmed multiple cases of authorities refusing applications for birth certificates and passports for children whose fathers were in prison because the fathers were not able to submit the applications in person or if their father’s citizenship had been revoked (see section 6, Children).

The government charged individuals whose citizenship it revoked with violating immigration law if they remained in the country.

a. Freedom of Expression, Including for Members of the Press and Other Media

The constitution provides for freedom of expression including for members of the press and other media, but the government frequently contravened this right. There were significant limitations on freedom of expression both online and offline. Members of media and bloggers self-censored their criticisms of the government due to harassment and fear of reprisal.

The constitution equates criticism of the constitution with sedition. Punishment for conviction of sedition ranges from three years’ to life imprisonment.

The law limits hate speech but does not define clearly what constitutes hate speech, which permits the government broad latitude to interpret it. The government may restrict speech deemed to be against the security of the state; against friendly relations with foreign states; and against public order, decency, or morality; or which constitutes contempt of court, defamation, or incitement to an offense. The law criminalizes any criticism of constitutional bodies.

The DSA, passed ostensibly to reduce cybercrime, provides for sentences of up to life imprisonment for spreading “propaganda” against the Bangladesh Liberation War, the national anthem, or the national flag. In 2020 the Ministry of Home Affairs issued a press release restricting “false, fabricated, misleading and provocative statements” regarding the government, public representatives, army officers, police, and law enforcement through social media in the country and abroad. The release stated legal action would be taken against individuals who did not comply, in the interest of maintaining stability and internal law and order in the country.

Throughout the year the government widely used the DSA against persons criticizing the government, including questioning the government’s handling of the pandemic. Increasingly, the law was used against speech found on social media, websites, and other digital platforms, including for commentators living outside of the country. The government also issued other restrictions on freedom of speech. Health officials remained banned from speaking with media members after media reports on the health system’s lack of preparation in managing the COVID-19 pandemic in 2020.

A March op-ed in the Dhaka Tribune reported the Cybercrime Tribunal in Dhaka faced 2,450 pending DSA and Information Communications Act cases, having delivered one DSA guilty verdict to date.

On March 2, the minister for law, justice and parliamentary affairs told news outlets the government was taking measures to review the DSA, develop a check and balance system for misuse or abuse, and change the law to prevent an accused from arrest or charges before a police investigation. Although the minister again stated publicly the law had been abused, as of December no revisions had been issued.

On July 25, Amnesty International released a 24-page report on the DSA and freedom of expression online and profiled 10 individuals as emblematic DSA cases, including Mushtaq Ahmed and Ahmed Kabir Kishore. The report stated more than 1,300 cases had been filed against 2,000 persons under the DSA and nearly 1,000 persons had been arrested since the law was enacted in 2018. More than 100 journalists were sued under the DSA between January 2019 and July 2020, and at least 40 of them were arrested. Of the DSA cases covered within the report, 80 percent were filed by lawmakers, members of the ruling party, or law enforcement officials. In all cases individuals were accused of publishing posts on social media critical of the government and ruling party politicians. Amnesty International called on the government to drop the DSA charges against those exercising their right to freedom of expression.

According to the Department of Prisons, authorities have imprisoned at least 433 individuals under the DSA through July. At least 185 of these individuals were held for allegedly publishing offensive and false information online. Local human rights organization Human Rights Culture Foundation reported at least 21 individuals were arrested in DSA cases in October.

On December 31, local human rights organization ASK reported at least 210 journalists faced harassment, physical torture, assault, threats, and lawsuits, including cases filed under the DSA. The organization stated there were at least 1,134 DSA cases during the year.

Both print and online independent media were active and expressed a wide variety of views; however, media outlets that criticized the government were pressured by the government. Independent media could not operate freely or without restrictions.

The government maintained editorial control over the country’s public television station and allegedly mandated that private channels broadcast government content free of charge. Civil society organizations stated political interference influenced the licensing process, since all television channel licenses granted by the government were for stations supporting the ruling party. A January Center for Governance Studies study, Who Owns the Media in Bangladesh, reported family ties, political affiliations, and business interests shaped the ownership pattern in the media landscape in the country. A total of 32 business entities owned 48 media outlets, including newspapers, radio, television stations, and web portals. According to the study, the ruling party provided television licenses to individuals directly involved with its party or whose loyalty to the regime is “unquestionable” since 2009.

On May 17, media reported the government arrested and charged investigative journalist Rozina Islam under the 1923 Official Secrets Act and sections of the penal code for investigating a corruption story involving the Ministry of Health. Authorities accused Islam of taking photos and stealing official documents from the ministry. Media outlets reported Islam was confined to a government office in Dhaka for five hours and, according to her family, physically harassed and mistreated. On May 21, 83 citizens, including journalists across the country, released a statement demanding her immediate release. On May 23, Islam was released from jail after a Dhaka court approved her interim bail until July 15, which civil society organizations asserted was due to international and “unprecedented” local pressure.

On September 19, the Chief Metropolitan Magistrate Court in Dhaka rejected Islam’s request for the return of her passport, two mobile phones, and press identification card, which were seized during her arrest. As of December 31, Islam faced charges if convicted of up to 14 years in prison or the death penalty. International and local human rights organizations and journalists criticized Islam’s arrest and charges and demanded the charges against her be dropped immediately. Local newspaper Prothom Alo’s associate editor called for the government to withdraw its case against Islam and said the high level of support from print, online, and electronic media journalists on Islam’s behalf was unprecedented.

Violence and Harassment: Authorities, including intelligence services and student affiliates of the ruling party, subjected journalists to physical attacks, harassment, and intimidation, especially when tied to the DSA, which human rights activists viewed as a government and ruling party tool to intimidate journalists. The Editors’ Council, an association of newspaper editors, stated the DSA stifled investigative journalism, and members published editorials stating so publicly. Individuals faced the threat of being arrested, held in pretrial detention, subjected to expensive criminal trials, fines, and imprisonment, as well as the social stigma associated with having a criminal record. Of 20 clauses of the law relating to crime and punishment, 14 are nonbailable, five are bailable, and one is negotiable, according to the Editor’s Council. On March 6, the Editors’ Council stated, “It is no exaggeration to say that in some cases, the implementation of the DSA is more concerning than we fear. Mushtaq Ahmed, a free-spirited writer, had to prove it with his life.”

On January 6, Rohingya refugee and photojournalist Abul Kalam was released on bail. In December 2020, Kalam, a Rohingya refugee from Burma who lived in Bangladesh for 28 years, was apprehended for covering the relocation of Rohingya refugees to the island of Bhasan Char in the Bay of Bengal. Kalam was taken to the police station in Cox’s Bazar where he was allegedly abused and held for more than 60 hours, despite the law limiting police custody to a maximum of 24 hours absent a statement of charges.

On March 4, media reported government authorities released cartoonist Ahmed Kabir Kishore on a six-month bail, one day after the High Court approved his bail and two days after the remarks of the minister for law, justice, and parliamentary affairs. In May 2020, Kishore and writer Mushtaq Ahmed were jailed on DSA charges for expressing critical commentary regarding the government’s management of the pandemic. Previously, Kishore and Ahmed’s bail petitions were denied six times. On February 25, Ahmed died in custody after being held in pretrial detention for 10 months, spurring nationwide protests on his custodial death and the DSA. Kishore alleged he and Ahmed experienced torture while in custody (see section 1.c.). From March 5 to 7, politicians and human rights organizations protested the DSA and urged the government to investigate Kishore’s claims. Kishore and six others accused in the same DSA case faced up to 10 years in prison and fines up to one million taka ($11,628) if convicted.

In July local media circulated photos of a journalist handcuffed to a hospital bed where he was receiving treatment for COVID-19 after he was taken into custody and charged under the DSA for “tarnishing the image of a local hospital.” He was one of three journalists arrested in the case under the DSA for reporting on corruption and irregularities in government-funded daily food rations allotted to patients in a hospital in Thakurgaon. After hearing the news of his arrest, local journalists staged a protest at a press club, demanding his release. The journalist was granted bail after his hospital stay but continued to face DSA charges.

Censorship or Content Restrictions: Independent journalists and media alleged intelligence services influenced media outlets in part by withholding financially important government advertising and pressing private companies to withhold their advertising as well. The government penalized media that criticized it or carried messages of the political opposition’s activities and statements. In September a group of media experts, nongovernmental organizations (NGOs), and journalists stated the downward trend of the rule of law and media freedom went hand in hand with government media censorship, which, in civil society’s view, translated to the government’s distrust of society.

Privately owned newspapers usually were free to carry diverse views outside politically sensitive topics or those that criticized the ruling party. Political polarization and self-censorship remained a problem. Investigative journalists often complained of their management and of editors “killing” reports due to fear of pressure from the government and its intelligence agencies. Some journalists received threats after publishing their stories.

On February 1, al-Jazeera’s Investigative Unit released a documentary “All the Prime Minister’s Men” (see section 4). Although the story was widely discussed internationally, local media barely referred to the report. Prominent newspapers ran editorials explaining why they did not cover the allegations raised in the report. An editor of the Daily Star, the country’s most prominent English-language daily newspaper stated, “If we were a free media today, we would have delved deeper into the widely-talked-about al-Jazeera report and analyzed it, point by point, and exposed it for what it really is, not a top-class work of investigative journalism.” The Dhaka Tribune’s editorial explained the reason for its near silence, stating, “The current state of media and defamation law in Bangladesh, and how it is interpreted by the judiciary, makes it unwise for any Bangladeshi media house to venture into any kind of meaningful comment on the controversy.”

The first online newspaper, bdnews24.com, faced political pressure from a former ruling party member of parliament (MP) demanding removal of old reports on cases against him and his family. The MP, through a friend, tried to file a two billion-taka ($23.3 million) defamation suit against four senior editors of the newspaper, but a court in Barishal rejected the petition.

According to journalists and human rights groups, journalists engaged in self-censorship due to fear of security force retribution, prosecution under the DSA, and the possibility of being charged with politically motivated cases. Although public criticism of the government was common and vocal, some media figures expressed fear of harassment by the government.

Libel/Slander Laws: Libel, slander, defamation, and blasphemy are treated as criminal offenses, most employed against individuals speaking against the government, the prime minister, or other government officials. Laws referring to defamation of individuals and organizations were used to prosecute opposition figures and members of civil society.

On April 20, media reported that police arrested Abu Tayeb, the bureau chief of local broadcaster NTV and for Khulna Gazette and Dainik Loksomaj newspapers, after Khulna city mayor Talukder Khalek filed a DSA case against him alleging he spread false information on Facebook that defamed his character. On both April 22 and 28, a Khulna court denied Tayeb’s request for bail and jailed him pending an investigation into the complaint. The Committee to Protect Journalists stated Tayeb reported local news in Khulna and on corruption allegations. On May 12, he was freed from jail, but the case against him remained pending.

On April 25, the Rangpur city mayor sued Mominur Rahman Sarkar under the DSA, alleging Sarkar spread false information regarding him. Sarkar posted on social media an article concerning the mayor’s alleged connection to corruption and reported fearing being arrested for a Facebook post.

In a public statement on April 26, the United Kingdom-based international human rights organization Article 19 expressed deep concern regarding the widespread filing of cases and arrests of journalists under the DSA. The organization stated most of the cases filed belonged to the ruling party and the DSA’s “abuse during the pandemic had risen to worrying levels.”

National Security: Authorities stated the DSA was essential to protect national and cyber security and used the law to arrest or punish critics of the government or deter criticism of government policies or officials.

Nongovernmental Impact: Nongovernmental, societal pressures also limited freedom of expression, as atheist, secular, religious minorities, and lesbian, gay, bisexual, transgender, queer, and intersex (LGBTQI+) writers and bloggers reported they continued to receive death threats from alleged extremist organizations.

b. Freedoms of Peaceful Assembly and Association

The government restricted freedoms of peaceful assembly and association.

c. Freedom of Religion

See the Department of State’s International Religious Freedom Report at https://www.state.gov/2020-report-on-international-religious-freedom/ https://www.state.gov/religiousfreedomreport/.

d. Freedom of Movement and the Right to Leave the Country

The law provides for freedom of internal movement, emigration, and repatriation, and the government generally respected these rights, except in three sensitive areas: the CHT and the Rohingya camps in Cox’s Bazar and on the island of Bhasan Char in the Bay of Bengal. The government enforced restrictions on access to the CHT by foreigners and restricted movement of Rohingya refugees. The Rohingya camps in Cox’s Bazar were surrounded by barbed and concertina wire fencing with few pedestrian gates to allow the Rohingya to move among the camps or into the local community. The lack of pedestrian gates hampered egress during a large fire in some camps in March. Bhasan Char is an island with no regular links to the mainland. In August at least 11 Rohingya died after their boat capsized while trying to leave Bhasan Char, and hundreds more have attempted do so since transfers began in January. Authorities caught and arrested many Rohingya who tried to leave Bhasan Char and detained them on the mainland or returned them to the island.

While foreign travel is allowed, some senior civil society and international NGO representatives reported harassment and delays at the airport when applying for a visa, entering, or departing the country. The government prevented war crimes suspects from the 1971 independence war from leaving the country.

Throughout the year numerous lockdown periods and movement restrictions were enforced to curb the COVID-19 pandemic. While restrictions enforced applied to all citizens during any designated period, civil society reported individuals from poorer communities were disproportionately arrested or punished for violating quarantine rules. Allegations of bribes to avoid movements restrictions or penalties were also reported.

e. Status and Treatment of Internally Displaced Persons

Societal tensions and marginalization of indigenous persons continued in the CHT because of a government policy initiated during an internal armed conflict from 1973-97. This policy relocated landless Bengalis to the CHT with the implicit objective of changing the demographic balance to make Bengalis the majority, displacing tens of thousands of indigenous persons.

The internally displaced persons (IDPs) in the CHT had limited physical security. Community leaders maintained indigenous persons faced widespread violation of their rights by settlers, sometimes supported by security forces (see section 6).

The number of IDPs in the CHT remained disputed. In 2000 a government task force estimated the number at 500,000, which included nonindigenous as well as indigenous persons. In 2020 the CHT Commission estimated slightly more than 90,000 indigenous IDPs resided in the area. The prime minister pledged to resolve outstanding land disputes in the CHT to facilitate the return of the IDPs and close remaining military camps, but the taskforce on IDPs remained unable to function due to a dispute regarding classifying settlers as IDPs. The commission reported authorities displaced several indigenous families to create border guard camps and army recreational facilities. No land disputes were resolved during the year.

f. Protection of Refugees

The government cooperated with the Office of the UN High Commissioner for Refugees (UNHCR) and other humanitarian organizations in providing protection and assistance to Rohingya refugees.

The government is not a party to the 1951 Convention Relating to the Status of Refugees or the 1967 Protocol. As a result the government claimed it was not under legal obligation to uphold the basic rights enshrined in this treaty.

Prior to the 2017 Rohingya arrivals, the government and UNHCR provided temporary protection and basic assistance to approximately 33,000 registered Rohingya refugees from Burma living in two official camps (Kutupalong and Nayapara), while the government and the International Organization for Migration aided approximately 200,000 undocumented Rohingya living in makeshift settlements in Cox’s Bazar. In 2017 more than 750,000 Rohingya fled ethnic cleansing in neighboring Burma to seek safe haven in Bangladesh. As a result of this influx, more than 907,000 registered Rohingya refugees were living in refugee camps, makeshift settlements, and host communities. The government claimed actual numbers totaled more than one million. The government did not recognize the arrivals as refugees, referring to them instead as “forcibly displaced Burmese nationals,” but abided by many of the established UN standards for refugees. One notable exception was that the Rohingya did not enjoy full freedom of movement throughout the country. Government officials stated repatriation was the government’s only goal, stressing privileges such as freedom of movement, formal education, or livelihood opportunities could not be afforded to the Rohingya population.

A National Task Force of 25 ministries and department representatives and chaired by the Ministry of Foreign Affairs provided oversight and strategic guidance for the overall Rohingya response. The Ministry of Home Affairs coordinated and maintained law and order for the Rohingya response, with support from the Armed Police Battalion. At the local level, the Refugee, Relief, and Repatriation Commission, under the Ministry of Disaster Management and Relief, was responsible for the management of the Rohingya response.

As of December 31, Bhasan Char hosted nearly 17,000 Rohingya refugees. The government paused relocations for several months in the middle of the year, but it resumed the transfer of refugees from Cox’s Bazar to Bhasan Char at the end of November. Media reported the government spent more than 25.8 billion taka ($300 million) to prepare for the eventual transfer of 100,000 refugees to the island. The government rejected requests from international human rights groups to move Rohingya refugees to the mainland, asserting that living conditions were better on Bhasan Char than in the overcrowded Cox’s Bazar camps. In March authorities allowed UN and other international donors to visit the island in conjunction with local authorities. On October 9, authorities signed a memorandum of understanding (MOU) with UNHCR that outlines the humanitarian and protection framework underlying potential UN operational engagements on Bhasan Char. During the year the UN organizations conducted a series of assessments on Bhasan Char and worked with the government on the modalities of operations on the island.

On September 29, gunmen shot and killed Mohammad Mohib Ullah, chairman and founder of the Arakan Rohingya Society for Peace and Human Rights, in Cox’s Bazar. Media reports alleged that criminal groups carried out the attack, potentially in retribution for his work to advocate for rights for Rohingya in the country. Mohib Ullah was an advocate for Rohingyas’ human rights, worked to document the Burmese security forces’ crimes against Rohingya, and advocated for Rohingya in multiple international forums. As of December authorities had not publicly identified a motive or perpetrators.

Access to Asylum: The law does not provide for granting asylum or refugee status, nor has the government established a formal system for providing protection to refugees. The government provided significant protection and assistance to Rohingya refugees residing in the country. Prior to 2017 the government cooperated with UNHCR to provide temporary protection and basic assistance to registered refugees resident in two official camps. After the 2017 arrival of more than 750,000 additional Rohingya refugees, the government started to register the refugees biometrically and provided identity cards with their Burmese addresses. At the end of 2019, the government completed the second phase of its joint registration exercise with UNHCR to verify Rohingya refugees and issue identity cards that replaced prior cards and provided for protection of Rohingya refugees, consistent with the government’s stance against forced returns to Burma. Despite this documentation system, the lack of formal refugee status for Rohingya and clear legal reporting mechanisms in the camps impeded refugees’ access to the justice system.

On February 11, international media reported a boat carrying 90 Rohingya refugees with mostly women and children sailed from Cox’s Bazar towards Malaysia. After four days the boat’s engine failed in the Andaman Sea; nine refugees died, and after a 113-day journey, the 81 survivors landed on an Indonesian island. According to media reports, international humanitarian organizations and family members of those onboard appealed to India, Bangladesh, Burma, and Malaysia for information regarding the fate of the 81 survivors on the boat. Media reported the Bangladeshi government denied reentry to the 81 survivors.

The government mostly cooperated with UNHCR and other humanitarian organizations in providing protection and assistance to Rohingya refugees, although following the end of COVID-19 pandemic-related restrictions on humanitarian access in August, security concerns grew in the camps regarding high-profile killings. NGOs reported human trafficking was common in the camps with few cases prosecuted in the country’s judicial system. When discovered, government officials returned trafficking victims to the camps.

International organizations reported gender-based violence directed against women in the camps. Intimate partner violence comprised 90 percent of the cases. The reduced footprint of international organizations throughout the COVID-19 pandemic limited reporting and monitoring of gender-based violence.

Accountability for all crimes, including human trafficking, remained a problem. Rohingya relied on government officials responsible for each camp (also known as the Camps in Charge, or CiC) to address allegations of crime. The CiCs were largely autonomous and varied in terms of responsiveness to camp needs. According to international organizations, some CiCs were susceptible to corruption. International organizations alleged some border guard, military, and police officials were involved in facilitating trafficking of Rohingya women and children, ranging from “looking the other way,” to bribes for allowing traffickers to access Rohingya in the camps, to direct involvement in trafficking.

Human Rights Watch reported security forces on April 6, allegedly arrested and beat 12 refugees who were caught trying to leave Bhasan Char. On April 12, a sailor allegedly beat four refugee children with a polyvinyl chloride pipe for leaving their quarters to play with refugee children in another area. Human Rights Watch reported witnesses stated security forces allegedly beat refugees in the Bhasan Char police station.

On June 3, international media reported Rohingya refugees were allegedly beaten by security forces with batons after protesting lack of access to UNHCR officials during a high-level UN visit to Bhasan Char. Reuters reported two Rohingya refugees stated authorities blocked them from speaking to the UNHCR delegates. UNHCR expressed deep concern regarding the reported injuries and arbitrary arrests, detentions, and lack of freedom of movement afforded to refugees.

On June 7, Human Rights Watch published a report, An Island Jail in the Middle of the Sea, alleging the government misled Rohingya refugees and international donor communities regarding the conditions on Bhasan Char. Some refugees described being forced to relocate without informed consent. Other Rohingya refugees interviewed for the report agreed that the shelters on the island were superior to those in the Cox Bazar camps and contained more open space, but they reported food shortages, inadequate health services, lack of formal education opportunities, freedom of movement restrictions, and lack of livelihood opportunities. Some refugees alleged their relatives were arbitrarily detained and beaten for attempting to leave the island. Some also reported being beaten for trying to move outside their compound. Authorities have not investigated these reports. Local human rights organizations reported difficulty accessing the refugee community because of the island’s remote location.

On August 14, a boat carrying 40 to 45 Rohingya, including women and children, capsized while they were fleeing Bhasan Char. Authorities rescued 15 persons, but the capsized boat resulted in the deaths of 11 Rohingya while 15 remained unaccounted for. Reuters reported that refugees living in Bhasan Char claimed lack of work and inability to meet with family remaining in the camps prompted increased attempts at the dangerous maritime crossing journey.

The MOU between the United Nations and the government has provisions to improve protections and services for Rohingya refugees on Bhasan Char. The MOU proposes expanded access to services, such as education, skills and vocational training, livelihoods, health care, and uninterrupted telecommunication services, which may be funded by international donors through the 2022 Joint Response Plan.

There were restrictions on Rohingya freedom of movement. According to the 1993 MOU between Bangladesh and UNHCR, registered Rohingya refugees are not permitted to move outside official camps. After the 2017 influx, police set up checkpoints on the roads to restrict travel by both registered refugees and arrivals beyond the Ukhia and Teknaf subdistricts. Rohingya located at Bhasan Char had little means to exit the island or travel to camps in Cox’s Bazar, where many claimed to have family members, leading some human rights groups to characterize the Rohingya stay on the island as “detention.” At least 200 refugees have been arrested for trying to leave the island.

On March 22, a fire erupted in the Balukhali area of the Cox’s Bazar refugee camp, killing at least 15 refugees. UNHCR estimated the fire injured 550 refugees and left more than 48,000 homeless. While local fire and rescue teams and aid agencies responded, witnesses to the fire reported the barbed wire through and around the camps restricted the ability of refugees to flee and responders to reach them. UN News reported the frequent fires in the Cox’s Bazar camps left the refugee community traumatized.

In December authorities allowed 68 Rohingya from Bhasan Char to visit their family members on the mainland. A senior disaster management ministry official stated the government had decided to allow at least two trips per month from the island to the camps in Cox’s Bazar.

In 2019 the government began erecting watchtowers and fencing in the camps in Cox’s Bazar, stating the objective was to better secure the camp and protect Rohingya from migrant smuggling, while humanitarian agencies expressed concerns that fencing would hinder delivery of services to refugees and exacerbate tensions between refugees and host communities.

Many camp authorities introduced curfews and law enforcement patrols, particularly at night, in response to reported concerns regarding violent attacks, abductions, or kidnappings in the camps.

The government did not formally authorize Rohingya refugees in the country to work locally, although it allowed limited cash-for-work activities for Rohingya to perform tasks within the camps. In February the Office of the Refugee Relief and Repatriation Commissioner (RRRC) issued a letter requesting the UN heads of sub offices in Cox’s Bazar to regulate the recruitment of Rohingya volunteers for work in all sectors except sanitation and night guardianship. Pursuant to this letter, some CiCs reportedly delayed or refused to approve NGO needs assessments or to issue closure certificates upon the completion of projects, stopping some NGO activities midstream and delaying new projects. Despite their movement restrictions, some refugees worked illegally as manual laborers on the informal economy, where some were exploited as labor-trafficking victims.

Access to Basic Services: The rapid increase in the population strained services both inside and outside the designated camps and makeshift settlements. The UN-led Inter Sector Coordination Group (ISCG) coordinated the many actors and agencies providing basic services to the Rohingya. Donor agencies reported complex and ambiguous certification processes disrupted a timely humanitarian response. Nonetheless, according to the ISCG, refugees lived in congested sites that were poorly equipped to handle the monsoon rains and cyclone seasons. While agencies made significant efforts to move those most vulnerable, the shortage of land remained a central problem hindering the ability of Rohingya to access basic services.

Public education remained a problem. The government continued its policy prohibiting formal education but allowed informal education of Rohingya children. UNICEF led the education sector in developing a comprehensive learning approach to guide the education interventions of humanitarian partners in the camps. Primary education followed a learning framework developed by UNICEF and endorsed by the government; however, it did not confer recognition or certify students have attained a specific education level. Implementation of an education sector pilot program launched in 2020 to provide education using the Burmese national curriculum was to begin for 10,000 Rohingya refugee children by the end of the year. The program had previously been delayed due to COVID-19 pandemic-related closures of refugee learning centers. Authorities did not allow the distribution of remote learning materials throughout the COVID-19 pandemic. Beginning September 22, the RRRC allowed reopening of learning centers for levels two through four and in December expanded the reopening to include to level one.

Government authorities allowed registered and unregistered Rohingya regular access to public health care, but the Rohingya needed authorities’ permission to leave the camp. Humanitarian partners ensured their health-care expenses were covered and that they returned to the camps. The health sector maintained information on all the health facilities within the camps and the surrounding areas. Based on the data available, overall coverage met the minimum requirements.

Bhasan Char had primary health-care facilities but lacked secondary and tertiary facilities, necessitating referrals to medical facilities off the island for advanced-level care. The transfer of patients to mainland facilities was hampered by required authorizations to depart the island, weather conditions, and boat availability. In July the government announced plans to administer COVID-19 vaccines to Rohingya refugees, and the vaccinations began in August. The vaccination campaign, administered with the help of UN agencies, vaccinated Rohingya refugees older than age 55 as part of phase one. As of October, 36,943 refugees received their first dose and 33,386 received their second dose. In October phase two of the COVID-19 vaccination program targeting refugees older than age 50 started, and at year’s end health-care officials discussing with the government plans to expand access to other adults as more vaccines became available. In December the government expanded vaccinations to persons ages 18 to 54, with an estimated 393,193 eligible beneficiaries.

The government had not accepted refugees for resettlement or naturalization and continued to maintain that repatriation of refugees to Burma remained the only acceptable solution to the crisis.

g. Stateless Persons

The Rohingya in the country were legally or in fact stateless. They could not acquire citizenship, nor does the government of Burma recognize them as citizens.

Every individual born in Bangladesh is a citizen of the country by birth as per Bangladesh’s Citizenship Act of 1951. This provision is not afforded to Rohingya. A 2009 amendment to the Act allows anyone born in the country to either a Bangladeshi mother or father the right to claim citizenship. This amendment was not retroactively applied to Rohingya children born in the country to stateless fathers prior to 2009, who remain at risk of statelessness. There were cases in which children born to one Bangladeshi parent and one Rohingya parent were not recognized as citizens, despite the 2009 amendment.

a. Freedom of Expression, Including for Members of the Press and Other Media

The constitution provides for freedom of expression, including for members of the press and other media, and the government generally respected this right. An independent media, an effective judiciary, and a functioning democratic political system combined to promote freedom of expression, including for members of the media.

Libel/Slander Laws: Defamation is a criminal offense punishable with imprisonment. The local media association raised concerns about intimidation of media by government ministers due to the media’s reliance on income from government advertising. There were no reports of any defamation or libel cases initiated by any government officials against media personnel.

b. Freedoms of Peaceful Assembly and Association

The constitution provides for freedoms of peaceful assembly and association, and the government generally respected these rights.

c. Freedom of Religion

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

d. Freedom of Movement and the Right to Leave the Country

The law provides for freedom of internal movement, foreign travel, emigration, and repatriation, and the government generally respected these rights. Married women must provide a copy of their marriage certificate when applying for a passport; married men are not required to provide this.

e. Status and Treatment of Internally Displaced Persons

Not applicable.

f. Protection of Refugees

Information on the government’s cooperation with the UN High Commissioner for Refugees was unavailable.

Access to Asylum: The law does not provide for the granting of asylum or refugee status, and the government has not established a system for providing protection to refugees. The Immigration Department was responsible for considering refugee and asylum claims.

a. Freedom of Expression, Including for Members of the Press and Other Media

The constitution provides for freedom of expression, including for members of the press and other media. The government did not respect these rights and selectively enforced numerous laws to control and censor the public and media. Authorities forced the closure of virtually all independent media outlets and labelled journalist and opposition voices “extremist,” giving authorities a legal pretext to detain and prosecute individuals for expressing opposition to the regime. The government passed laws to make it illegal to report or stream video from unauthorized mass events and eased authorities’ ability to close media outlets. The state press propagated views supportive of the president and official policies without giving room for critical voices and actively disparaged the regime’s opponents.

Freedom of Expression: Individuals could not criticize government officials or the government publicly or discuss matters of general public interest without fear of reprisal, including prosecution or forced exile. Authorities also prohibited displaying certain historical flags and symbols, including the historic white-red-white-striped flag adopted by the opposition, and displaying placards bearing messages deemed threatening to the government or public order.

Since May 2020 authorities undertook significant steps to suppress freedom of expression, regularly harassing opposition bloggers and social media users and detaining some of them on short-term jail sentences. Others received longer sentences or remained in pretrial detention through December. For example on April 14, a Brest court sentenced Syarhey Pyatrukhin and Alyaksandr Kabanau, two popular video bloggers on YouTube, to three years in prison on charges of “participating in activities in clear disobedience to the legitimate requirements of the authorities.” Both men were known for their political commentary critical of authorities and had been in detention since June 2020.

Radio Free Europe/Radio Liberty consultant Ihar Losik spent exactly one year in pretrial detention between his arrest in June 2020 and the start of his trial on June 24. He was arrested for publicly supporting the opposition and criticizing the government. As of the end of November, his trial had continued for six months and was closed to the public. Family members and independent media representatives were denied access, but state-affiliated media outlets were allowed into the trial room and publicly broadcast images and content from the trial on television and social media afterwards. On December 14, Losik was sentenced to 15 years in prison.

Authorities dismissed hundreds of state employees who expressed political dissent or participated in protests after the presidential election, including those employed as television hosts, radio and other media personnel, teachers, civil servants, law enforcement officers, athletes, university administrators, hospital administrators, and diplomats. On May 4, Lukashenka signed a decree depriving 87 former military and law enforcement officers of their ranks and compensation due to their actions in support of the political opposition. Among those targeted by the decree were the founders of BYPOL, an organization created by former members of the security services who quit their service in protest of the regime’s postelection violence in 2020, had fled the country, and were documenting abuses committed by their former colleagues. Diplomats and law enforcement officers who resigned in protest of the government’s crackdown or spoke out and were fired, were stripped of their ranks, regalia, and pensions. For example on August 20, police in Iuye detained a pro-opposition former lieutenant colonel who served in the police force for 20 years, apparently for expressing his antiregime political opinions and exercising his freedom of expression. In May authorities stripped him and more than 80 former officers of their ranks for expressing political dissent. Another of these officers, former investigator Yauhen Yushkevich, was detained on April 19 on charges of terrorism and participating in mass riots, reportedly in retaliation for his support of the political opposition. As of November 18, he remained in pretrial detention.

Authorities fired athletes from national teams for expressing political dissent or apolitical criticism against government officials, as in the case of Olympic athlete Krystina Tsimanouskaya (see section 1.e.).

The law also limits free speech by criminalizing actions such as giving information that authorities deem false or derogatory to a foreigner concerning the political, economic, social, military, or international situation of the country. No individuals were identified as having been charged under this law, however.

The government prohibits calls to participate in “unsanctioned demonstrations” (see section 2.b., Freedom of Peaceful Assembly). On December 14, video blogger Uladzimir Tsyhanovich was convicted on charges of inciting social hatred and organizing mass riots and sentenced to 15 years in prison. Authorities also prohibited “extremist” information, which they defined as “information materials including printed, audio, visual, videos, placards, posters, banners and other visuals intended for public usage or distribution that seek the violent change of the constitutional order or the territorial integrity of the country; unconstitutional takeover of state powers; establishment of an illegal armed force; terrorist activities; inciting racial, ethnic, religious or other societal hatred; organizing mass riots; hooliganism and vandalism based on racial, ethnic, religious, or other societal hatred or discord; political and ideological hatred; promotion of supremacy of a group of residents based on their language, social, racial, ethnic, or religious background; and justification of Nazism, including the promotion, production, distribution, and displays of Nazi symbols.”

During the year the regime amended the law on “countering extremism,” which entered into force on June 14 and broadens the definition of “extremist activity” to include the distribution of information that authorities deemed “false,” organizing and holding events (i.e., assembling freely), and perceived insolence or attempts to discredit state institutions or officials. Among the activities authorities deemed “extremist” were regular independent journalism as well as efforts by the opposition, activists, and protesters to express their opinions or assemble peacefully. Authorities introduced individual liability for “extremist activities” and expanded the list of potential “extremist” organizations to include trade unions, NGOs, and media organizations. Law enforcement officials were also granted permission to use firearms at their discretion when “countering extremism” – viewed by independent observers as an open threat against journalists, protesters, activists, and the regime’s political opponents.

As of September the Ministry of Internal Affairs declared that more than 200 Telegram channels and online chat groups had been recognized as “extremist organizations” by the courts and warned that subscribing, storing materials, and reposting information from these channels would be punishable under the law.

On October 29, the Ministry of Internal Affairs declared the Telegram internet messenger channel NEXTA-Live, a platform used by opposition supporters to organize protests, to be an “extremist organization.” According to observers, as a result, under the amended extremism law, all of NEXTA’s nearly one million subscribers could be charged with “extremism,” which carries a sentence of up to seven years in prison. This “extremist” designation followed an October 2020 court decision declaring that the NEXTA logo was an “extremist” symbol and that the channel distributed “extremist materials.” On May 23, former NEXTA editor Raman Pratasevich was forcibly returned after the regime diverted his flight and forced it to land in the country (see section 1.e.).

On September 6, a Minsk court sentenced Maria Kalesnikava and Maksim Znak on charges of creating an “extremist organization,” causing harm to national security, and conspiring to unconstitutionally seize power. Kalesnikava and Znak were both detained in 2020 (see section 1.e., Political Prisoners and Detainees). The law does not provide penalties for displaying or keeping unregistered symbols, including opposition red and white flags, but it allows only registered symbols at authorized mass events. Although the “Pahonia” emblem is on a registry of the government’s historic and cultural symbols, the government expressed hostility toward protesters who carried red and white flags or the Pahonia symbol, and security forces detained demonstrators for doing so, as these symbols were generally identified with the opposition.

The regime introduced a new law on “preventing the rehabilitation of Nazism,” which entered into force on June 14 and expands the list of prohibited “Nazi symbols and attributes” to include symbols used to denote support for the opposition.

On March 10, prosecutors opened a criminal case against representatives of a Brest-based group of local Polish initiatives and Polish schools on charges of inciting social and ethnic hatred for allegedly “glorifying Nazism and justifying the genocide of the Belarusian nation.” The charges were in relation to an annual historical commemoration event for Polish soldiers who had fought against both Nazi and Soviet forces. After the event, police searched the premises of Polish organizations in Hrodna, Brest, Vaukavysk, and Lida and detained Hanna Panishava in Brest on March 12, Andzelika Borys in Hrodna on March 23, Andrzej Poczobut in Hrodna on March 25, Irena Biarnatskaya in Lida on March 25, and Maria Tsishkouskaya in Vaukavysk on March 29. On May 25, Biarnatskaya, Tsishkouskaya, and Panishava were released on their own recognizance and moved to Poland, while at year’s end Borys and Poczobut remained in pretrial detention. The annual event has been commemorated in Poland since 2011, and authorities had not previously opposed the event in the country.

Freedom of Expression for Members of the Press and Other Media, Including Online Media: Authorities limited access to information. State-controlled media did not provide balanced coverage and overwhelmingly presented the authorities’ version of events, including falsehoods and disinformation released by the Lukashenka regime. Appearances by opposition politicians on state media in 2020 were limited to those required by law during the 2020 presidential election campaign period, and state media minimized this coverage and maximized coverage of Lukashenka and his regime. During the year state media actively and routinely propagated the Lukashenka regime’s efforts to portray opposition politicians as enemies of the state or criminals. Authorities warned, fined, detained, interrogated, and stripped accreditation from members of the independent domestic media. Some state media journalists who quit were later detained, such as journalist Ksenia Lutskina, who remained in pretrial detention as of November after criticizing authorities in December 2020 (see section 1.e.).

State-owned media dominated the information field and maintained the highest circulation through generous subsidies and preferences. There was no countrywide private television, and broadcast media space was dominated by state-owned and Russian stations. Since August 2020 Russian state-media organizations largely controlled and managed Belarusian state-run channels, ensuring pro-Lukashenka and pro-Russian viewpoints continued to dominate the press.

Since October 2020 authorities allowed only nationals of the country where a media outlet is based to be accredited as correspondents. All Belarusian stringers for major Western outlets were stripped of accreditation in 2020 and were not reaccredited when they applied during the year. Some subsequently left the country.

The law prohibits media from disseminating information on behalf of unregistered political parties, trade unions, and NGOs. By August authorities had eliminated independent media outlets in the country through several rounds of targeted reprisals, closures, website blockages, or other efforts to incapacitate the organizations. On May 18, authorities raided the offices of Tut.by (the largest independent media outlet in the country), blocked its website, and arrested its journalists. Tut.by was originally stripped of its media license in December 2020. Other independent media outlets were subsequently closed in May and August, including reform.by, Nasha Niva, and Belapan. Authorities also closed regional and local media outlets, such as the September 16 decision to block Hrodna Life, which authorities claimed distributed “extremist” materials. Some media operations that were closed or blocked re-established and continued their operations from outside the country.

Violence and Harassment: Authorities continued to harass and detain local and foreign journalists routinely, particularly those operating as freelancers or working for foreign outlets without accreditation. Security forces continually hampered efforts of independent domestic and foreign journalists to cover demonstrations and protests in Minsk and across the country, used violence against journalists, brought false allegations against them, and sentenced them to jail terms for doing their jobs. As of November the independent Belarusian Association of Journalists reported it had recorded at least 220 cases of violence and harassment against local and foreign journalists since the start of the year, which included detentions, beatings, attacks, fines, and jail sentences.

On July 8, security officers detained and beat the chief editor of the independent newspaper Nasha Niva, Yahor Martsinovich. According to his spouse, Martsinovich suffered a head injury during detention, which was confirmed when doctors examined him in the investigators’ office. As of November Martsinovich remained in pretrial detention. During the year authorities targeted independent media outlets, individual editors and journalists, and NGOs that provided media development and training for harassment, intimidation, and arrest. The regime harassed members of the analytical community that regularly contributed articles or commentary to independent media on political and economic issues. As of November an estimated 29 media representatives remained in jail under various politically motivated charges, varying from calls to violate public order to tax evasion to coordinating protest activities.

On February 18, a Minsk court sentenced journalists from Poland-based independent media outlet Belsat to two years in prison. Darya Chultsova and Katsiaryna Andreyeva were charged with “organizing actions that grossly violated public order” for livestreaming a violent police crackdown on a peaceful protest in Minsk in November 2020.

On May 18, security officers raided the central and regional offices of Tut.by, the country’s most popular independent online resource, and detained several staff and management personnel, including Yuliya Charnyauskaya, the widow of Tut.by’s deceased founder. Authorities stated the raid was connected to alleged large-scale tax fraud by the outlet’s management, although harassment of the outlet and its journalists had been persistent since before the 2020 presidential election. As of December approximately 14 Tut.by employees or employees of affiliates, including chief editor Maryna Zolatava, remained in detention or under house arrest.

On July 16, law enforcement officers raided the Radio Free Europe/Radio Liberty office in Minsk, smashing the doors and searching the apartments of several staff. On the same day police raided the Minsk and regional offices of Belsat and confiscated all storage media and other property.

On August 19, authorities released the head of the professional journalist development and media literacy group Press Club Belarus, Yuliya Slutskaya, who was detained in December 2020 with three other colleagues on charges of tax evasion. Slutskaya and three colleagues sought a pardon in which they were required to admit their guilt and pay damages. In an interview Slutskaya said she had needed to pay twice the amount of the alleged “damages” in order to secure her release, which required her to sell a property she owned in Minsk.

On August 27, the regime deregistered the Belarusian Association of Journalists based on a ruling by the Supreme Court after continued harassment of the organization that included raids of its office by security officials in February and July, seizure of documents without inventory or attendance by a representative from the NGO, and the forced closure of its office. Since authorities decided to hold the trial at the Supreme Court, the NGO was left without the ability to appeal the deregistration. The NGO continued its work from exile.

In the wake of the crackdown against the organizations, some outlets decided to withdraw their operations from the country due to concern about harassment and intimidation and continued working from abroad.

Censorship or Content Restrictions: By year’s end the government had succeeded in shutting down all major independent media in the country. By law the government may close a publication – printed or online – after two warnings in one year for violating a range of restrictions on the press. Regulations also give authorities arbitrary power to prohibit or censor reporting. The Ministry of Information may suspend periodicals or newspapers for three months without a court ruling.

The threat of government retaliation led independent media outlets still operating within the country to exercise self-censorship and avoid reporting on certain topics or criticizing the government. The government tightly and directly controlled the content of state-owned broadcast and print media. Television channels are required to broadcast at least 30 percent local content. Local independent television stations operated in some areas and were under government pressure to forgo reporting on national and sensitive topics or risk censorship. Authorities extensively censored the internet (see section 2.a., Internet Freedom).

The government penalized those who published items counter to government guidelines. Some private retail chains also refused to continue selling copies of independent newspapers due to government pressure, and state-run and private printing houses refused to print them, forcing editors to procure printing services abroad. This opportunity was also closed, however, after printers in Russia began refusing to print Belarusian independent newspapers during the year.

The independent Baranavichy-based Intex Press newspaper was inspected and fined three consecutive times by different authorities for having published an interview with Svyatlana Tsikhanouskaya in April, including a fine of approximately 4,000 rubles ($1,560) on May 5. The outlet’s chief editor was questioned for nearly five hours by police and given two administrative charges for allegedly violating the law on distributing “banned” information via media and the internet. He was also threatened with criminal charges for allegedly violating national security. In April, after the article was published, the Ministry of Information included the interview in its list of “extremist materials.” In May the government-controlled Belarusian Printing House unilaterally canceled its printing contract with the newspaper, ending its ability to publish and sell paper copies of its newspaper for the first time in 26 years. The outlet announced it would move its operation online.

Independent media outlets, including newspapers and internet news websites, faced discriminatory publishing and distribution policies, including limited access to government officials and press briefings and bans on printing paper copies, forcing some newspapers, such as the independent Narodnaya Volya, to switch to portable document format versions with paid subscriptions.

Authorities warned businesses not to advertise in newspapers that criticized the government. Private vendors, such as retail stores, conscious of tax inspections and other forms of economic pressure refused to sell independent newspapers. Advertisers continued to be pressured not to give their advertising dollars to out-of-favor, nonstate newspapers.

Libel/Slander Laws: Libel and slander are criminal offenses. The law provides large fines and prison sentences of up to four years for defaming or insulting the president. Penalties for defamation of character make no distinction between private and public persons. A public figure who is criticized for poor performance while in office may sue both the journalist and the media outlet that disseminated the critical report for defamation. Following a September 29 incident in which a KGB officer and an information technology worker were shot during a KGB raid, the KGB detained 200 persons for making comments critical of the KGB’s actions in the raid, and criminal cases were opened under the legal provision that prohibits insulting an official. After the Russian branch of Komsomolskaya Pravda released an article that included a comment from a friend of the technology worker offering a positive description of his character, Belarusian authorities blocked online access to its website and arrested Hienadz Mazheyka, the Belarusian author of the article. The Russian government criticized the action as a violation of media freedom, and the outlet decided to close its Belarus office and relocate staff to Russia.

National Security: Authorities frequently cited national security to arrest or punish critics of the government or deter criticism of government policies or officials. National security charges were used to punish political prisoners, including in court sentences against Kalesnikava and Znak in September (see section 1.e., Political Prisoners and Detainees).

b. Freedoms of Peaceful Assembly and Association

The constitution provides for freedom of peaceful assembly, but the government severely restricted this right and employed a variety of means to discourage demonstrations, disperse them, minimize their effect, and punish participants. The law provides for freedom of association, but the government restricted it and selectively enforced laws and regulations to restrict the operation of independent associations that might criticize the government.