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China (includes Tibet, Hong Kong, and Macau) – Macau

Section 2. Respect for Civil Liberties, Including:

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

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

The Internal Security Law grants police authority to deport or deny entry to nonresidents whom they regard under the law as unwelcome, a threat to internal security and stability, or possibly implicated in transnational crimes. During the year the government banned several Hong Kong politicians and activists from entering the SAR on the grounds they posed a threat to internal security, according to media reports.

PROTECTION OF REFUGEES

Access to Asylum: The law provides for the granting of asylum or refugee status and the government has established a system for providing protection to refugees. Persons granted refugee status ultimately enjoy the same rights as other SAR residents.

Pending final decisions on their asylum claims, the government registered asylum seekers and provided protection against their expulsion or return to their countries of origin. Persons with pending applications were eligible to receive government support, including basic needs such as housing, medical care, and education for children, but were not allowed to work until their refugee status was recognized.

Federated States of Micronesia

Section 2. Respect for Civil Liberties, Including:

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

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

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

PROTECTION OF REFUGEES

Access to Asylum: The law does not provide for the granting of asylum or refugee status, and the government has not established a system for providing protection to refugees. The government most recently cooperated with UNHCR to process asylum seekers in the country in 2016.

Italy

Section 2. Respect for Civil Liberties, Including:

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

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

The government cooperated with UNHCR and other humanitarian organizations in providing protection and assistance to refugees, asylum seekers, stateless persons, or other persons of concern. The continued unpredictability of migrant flows and uncertainty over whether other EU member states would take a share of migrant arrivals taxed the ability of authorities to protect migrants and asylum seekers brought to the country by rescue vessels.

Abuse of Migrants, Refugees, and Stateless Persons: Mixed populations of refugees and migrants often remained in reception centers longer than the 35-day limit set by law. Representatives of international humanitarian organizations accused the government of endangering migrants by encouraging Libyan authorities to rescue migrants at sea and return them to reception centers in Libya where aid groups and international organizations deemed living conditions inhuman.

Media reported some cases of violence against refugees. On February 3, a right-wing militant, Luca Traini, drove through the city of Macerata shooting at and wounding six migrants. Traini was arrested and charged with attempted murder.

The International Organization for Migration (IOM), UNHCR, and NGOs reported instances of labor exploitation of asylum seekers, especially in agriculture and the service sector (see section 7.b.), and sexual exploitation of unaccompanied minors (see section 6, Children).

Corruption and organized crime diverted some resources away from asylum seekers and refugees. On June 26, police arrested six managers of an association responsible for the management of some migration centers in the province of Latina, on charges of fraud and mistreatment of asylum seekers.

PROTECTION OF REFUGEES

Refoulement: Some NGOs, including Amnesty International, accused the government of encouraging refoulement by pressuring NGOs to limit rescues of migrants in the Mediterranean Sea and encouraging the Libyan coast guard to take rescued migrants back to Libya, which UNHCR did not consider a “safe port” and which has not signed the applicable UN refugee conventions. UNHCR did not indicate that this constitutes a case of refoulement, but stated that it was looking into the legality of the country’s actions.

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. NGOs and independent observers identified difficulties in asylum procedures, including inconsistency of standards applied in reception centers and insufficient rates of referral of trafficking victims and unaccompanied minors to adequate services. Interior Minister Salvini announced his intent to increase the number of asylum adjudicators but also issued a circular urging them to be more restrictive in granting humanitarian protection, claiming that many economic migrants were being erroneously granted legal status.

Regional adjudication committees took up to nine months to process asylum claims, depending on the region. When legal appeals were taken into account, the process could last up to two years. Interior Minister Salvini pledged to cut funding for migrant reception, protection, and integration, and devote more resources to expulsion of illegal migrants. He contended that the existing migrant reception system did little to integrate migrants and was a source of corruption.

Large numbers of migrants and refugees who arrived in the country since 2014, mostly across the central Mediterranean Sea from Libya, strained the asylum system. Between January and August, the government received approximately 38,000 asylum requests. Between January and September authorities granted asylum or other forms of legal protection to 23,700 persons.

Between January 1 and November 5, a total of 3,368 unaccompanied minors arrived in the country (see section 6, Children and section 7.c.).

Safe Country of Origin/Transit: The country is party to the EU’s Dublin III Regulation and its subsequent revisions, whereby members generally transferred asylum applications to the first EU member country in which the applicant arrived or returned applicants to safe countries of origin.

Freedom of Movement: The law permits authorities to detain migrants and asylum seekers in centers for identification and expulsion for up to 90 days if authorities decide they pose a threat to public order or may try to flee an expulsion order or pre-expulsion jail sentence. Government efforts to reduce the flow of migrants crossing the Mediterranean Sea to the country on smuggler vessels were accompanied by restrictions in freedom of movement for up to 72 hours once rescued migrants arrived in reception centers. As of December 2017, 417 foreigners were held in five centers. The Council of Europe’s Committee on the Prevention of Torture (CPT) noted “several categories of foreign nationals may be prevented from leaving the “hotspots” [temporary centers], without a clear legal basis.”

Employment: Asylum seekers may work legally two months after submitting an asylum request. According to labor unions, including the Federation of Agroindustrial Workers, an affiliate of the Italian General Labor Confederation (CGIL), employers continued to discriminate against noncitizens in the labor market, taking advantage of insufficient enforcement of legal protection for noncitizens against exploitation. In addition, high unemployment in the country limited the possibility of legal employment for large numbers of refugees.

Access to Basic Services: Authorities set up temporary centers to house mixed-migrant populations, including refugees and asylum seekers, but could not keep pace with the high rate of arrivals and the increased number of asylum claims. On July 31, there were 160,458 persons housed in sites throughout the country. Some were housed in centers run directly by local authorities, generally considered of high quality, while the rest were in centers whose quality varied greatly and included many repurposed facilities, such as old schools, military barracks, and apartments in residential buildings. On April 10, the CPT reported that all the temporary centers it visited in June 2017 “regularly exceeded the official capacity” with concomitant degradation of living conditions. It found living conditions at the Caltanissetta Closed Removal Center overcrowded and the facilities in poor state of repair and under furnished. The sanitation facilities were in need of extensive repair. The CPT also reported services provided to migrants in the Lampedusa transit center were inadequate, and that insufficient places were made available in shelters for unaccompanied minors, resulting in prolonged stays at temporary transit centers. Representatives of UNHCR, the IOM, and other humanitarian organizations and NGOs reported thousands of legal and irregular foreigners, including migrants and refugees, living in abandoned buildings and in inadequate and overcrowded facilities in Rome and other major cities, and having limited access to health care, legal counseling, basic education, and other public services.

In some cases, refugees and asylum seekers who worked in the informal economy were not able to rent apartments, especially in large cities. They often squatted in buildings where they lived in substandard conditions with their children. On March 21, police forcibly evicted 100 migrants and refugees who had squatted in a building in the outskirts of Rome. NGOs and advocacy groups alleged that the Rome municipal government failed to provide alternative public housing for those evicted migrants who qualified for it, including refugees with legal status.

On August 10, 34 asylum seekers in Toscolano Maderno protested the lack of medical assistance, language classes, and vocational training in the migration center where they lived.

Durable Solutions: The government made limited attempts to integrate refugees into the country’s society with mixed results. The government distributed asylum seekers throughout the country and provided shelter and services while their requests were processed as well as some resettlement services after granting asylum. In cooperation with the IOM, the government assisted migrants and refugees who opted to return to their home countries.

Temporary Protection: The government also provided protection to individuals who may not qualify as refugees. Between January and September, the government provided humanitarian protection to 16,761 persons and subsidiary protection to 2,614 persons.

Jamaica

Section 2. Respect for Civil Liberties, Including:

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

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

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

PROTECTION OF REFUGEES

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

Japan

Section 2. Respect for Civil Liberties, Including:

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

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

INTERNALLY DISPLACED PERSONS (IDPS)

The government generally provided adequate shelter and other protective services in the aftermath of the 2011 earthquake, tsunami, and nuclear power plant disaster in Fukushima Prefecture and sought to provide permanent relocation or reconstruction options.

PROTECTION OF REFUGEES

Access to Asylum: The law provides for granting asylum or refugee status, and the government has established a system for providing protection to refugees. The Ministry of Justice introduced revised screening procedures for refugee applications on January 15 to promote granting refugee status to genuine applicants promptly while also curbing abuse of the application process. As a result, the number of approved applications from January through June, including the approval of two previously denied applications, exceeded the number of approvals granted during all of 2017. In 2017 there were 19,629 applications, 20 of which were approved (0.1 percent). From January through June 2018, the government received 5,586 applications, 22 of which were approved (0.4 percent).

Refugee and asylum applicants who are minors or applicants with disabilities may ask lawyers to participate in their first round of hearings before refugee examiners. UNHCR said there were no such cases during the year. As government-funded legal support was not available for most refugee and asylum seekers requesting it, the Federation of Bar Associations continued to fund a program that provided free legal assistance to those applicants who could not afford it.

The Ministry of Justice, the Federation of Bar Associations, and the NGO Forum for Refugees Japan continued to cooperate to implement the Alternatives to Detention project (ATD) to provide accommodation, casework, and legal services for individuals who arrived at Narita, Haneda, Chubu, and Kansai airports, received temporary landing or provisional stay permission, and sought refugee status. Government-subsidized civil organizations and donations fund the ATD.

The government accepted 22 Burmese from five families on October 4 under its third-country resettlement program for Burmese people, which the government has continued since 2010 as the first Asian country to become a resettlement country.

Freedom of Movement: Civil society groups said the indefinite detention of asylum seekers remained a problem. UNHCR said refugee applicants should not be detained without due process and that children should not be detained.

Employment: Applicants for refugee status normally may not work unless they have valid short-term visas. They must apply for permission to engage in income-earning activities before the visas expire. In the interim before approval, the Refugee Assistance Headquarters, a section of the government-funded Foundation for the Welfare and Education of the Asian People, provided small stipends to some applicants who faced financial difficulties.

Access to Basic Services: Refugees continued to face the same discrimination patterns sometimes seen by other foreigners: reduced access to housing, education, and employment. Except for those who met right-to-work conditions, individuals whose refugee applications were pending or on appeal did not have the right to receive social welfare. This status rendered them completely dependent on overcrowded government shelters, illegal employment, or NGO assistance.

In 2017, in coordination with UNHCR, the government established a scholarship program allowing 100 Syrian refugees to begin postgraduate studies in Japan over the next five years. The government guaranteed the students protection until employment or further study opportunities become available, either in Japan or elsewhere. Immediate family may accompany the students, and tuition and living expenses will be covered by Japanese International Cooperation Agency.

Temporary Protection: The government provided temporary protection to 45 individuals in 2017 and 21 individuals from January through June who may not qualify as refugees after introducing the revised screening procedures.

Jordan

Section 2. Respect for Civil Liberties, Including:

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

The law provides for freedom of internal movement, foreign travel, emigration, and repatriation, although there were some restrictions.

The United Nations reported that 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 internally displaced persons (IDPs), refugees, returning refugees, asylum seekers, stateless persons, and other persons of concern.

In-country Movement: The government placed some restrictions on the free internal movement of registered Syrian refugees and asylum seekers. The country’s land border with Syria has been closed to new refugee arrivals since June 2016. During the June southwest offensive in Syria, the government maintained a closed border policy, preventing new asylum seekers from entering the country. Some of these newly displaced persons, however, received emergency humanitarian assistance from inside the Free Trade Zone between Jordan and Syria. There was no legal framework for refugees residing in the Jordanian refugee camps to leave permanently to settle in host communities for family reunification; long-term medical treatment was unavailable in the camps.

The government registered and facilitated access to civil documentation for Syrian refugees. The Urban Verification Exercise for refugees has steadily expanded, and the government increased access to birth and marriage certificates by simplifying and reducing the costs. While on several occasions, the government allowed the regularization of certain refugees who left the camps to settle in host communities, there was generally no option for camp residents to move permanently into rural and urban areas and only limited options to move in and out of camps.

Conversely, reports of forced relocations to Azraq camp, including many to Azraq’s restricted Village 5 (V5), increased as an alternative to deportation, for offenses by Syrian refugees that encompassed “irregular status” (for example, no updated registration, working without a work permit); criminal activities; and potential security risks, without the latter being clearly defined. As of June, Azraq camp hosted over 36,000 individuals, including over 9,000 adults and children, in the fenced-off area V5. Residents of V5 had access to basic humanitarian assistance inside the village but access to the broader camp facilities, including the camp hospital, required a security escort. The screening process allowing V5 residents to relocate to the larger camp was irregular and very slow. Reportedly, since entering Jordan from Syria, two thirds of the residents have remained in V5 for more than two years. It remained unclear whether individuals in Azraq V5 will be permitted to move to less restrictive, unfenced areas in the camp or to host communities.

Authorities required all residents of King Abdullah Park refugee camp, to obtain a leave permit, which was not systematically granted, to visit their relatives in Jordan or for other purposes. Authorities made some exceptions for the sick and elderly to allow twice-monthly visits. Palestinian Refugees from Syria (PRS) accounted for 354 of the 509 refugees in the camp as of June, including “PRS Families” (families including at least one family member, which subjected them to specific treatment and limitation related to PRS).

Foreign Travel: Activists alleged authorities imposed travel bans against citizens.

PROTECTION OF REFUGEES

Refoulement: There were few reports of the government forcibly returning Syrian refugees and PRS, including women, children, war-injured persons, and persons with disabilities, to Syria. International organizations continued to report that the government forcibly returned to Syria some refugees residing in the country’s host communities and camps for alleged security concerns and relocated others to various locations including Azraq camp V5. Some relocated individuals were held pending security vetting to ensure they did not pose a security risk. There was no established time period for security vetting.

Some reasons for returns and relocations were allegations of communicating with and sending money to relatives who are in ISIS-controlled territories in Syria and other activities that could create security concerns.

From October 2017 through July 2018, the UN Relief Works Agency (UNRWA) was aware of three cases of refoulement of 15 PRS. The vulnerability of PRS to deportation increased their risk of other abuses. For those who entered the country irregularly (for example, without required documentation, or using Syrian identity documents), refoulement was a constant risk, and access to basic civil services–including renewal of identity documents, the registration of marriages, deaths, and births–was highly complex. UNRWA reported that such activities could result in forced return to Syria, as well as detention and denaturalization. These vulnerabilities put refugees at additional risk of abuse by third parties such as employers and landlords.

Access to Asylum: The country’s laws do not provide for the granting of asylum or refugee status, and the government lacked a formal system of protecting refugees. A 1998 memorandum of understanding between the government and UNHCR, renewed in 2014, contains the definition of a refugee, confirms adherence to the principle of nonrefoulement, and allows recognized refugees a maximum stay of one year, during which period UNHCR must find them a durable solution. The time limit is renewable, and the government generally did not force refugees to return to their country of origin. As of 2014, authorities required all Syrians in the country to register with the Ministry of Interior and obtain a ministry-issued identification card.

The government declared it would not accept additional Syrian refugees after a 2016 suicide attack along the northeast border with Syria, declaring the surrounding area a “closed military zone.” The government restricted humanitarian access to the area. International organizations reported that between 45,000 and 50,000 internally displaced Syrians remained at the northeast desert Jordan-Syria border throughout the year. The government’s 2013 announcement that it would not allow entry of PRS remained in effect.

Employment: In 2016, the government announced it would allow Syrian refugees access to the formal labor market and committed to providing 200,000 job opportunities for Syrians in the coming years. The Ministry of Labor issued more than 120,000 work permits to Syrians. More than 36,000 Syrian refugees received new or renewed work permits in 2018. The government took several steps to expand and facilitate the issuance of work permits, including waiving fees. The government also revised work permit practices to allow Syrian workers in the agricultural and construction sectors to switch employers under the supervision of agricultural cooperatives and a trade union, rather than requiring new work permits for each job transfer.

There continued to be delays in implementing procedures at Ministry of Labor offices in governorates outside Amman. There remained uncertainty among the refugee population and employers regarding how to apply for the work permits. Tens of thousands of Syrian refugees continued to work in the informal economy. A government-commissioned study on migrant workers, published in 2016, estimated that 26 percent of Syrian refugees were economically active in the labor market. Very few non-Syrian refugees had access to the formal labor market, and, due to the difficulties and expenses involved in seeking work authorization, many worked in the unofficial labor market.

The United Nations reported that in general Syrian refugees working informally were no longer deported or sent to the refugee camps when caught working without authorization. During the year, the Ministries of Interior and Labor, in coordination with the United Nations, permitted refugees living in the camps to apply for work permits. The agreement allows camp-based refugees to use their work permits as a 30-day leave pass to work outside the camp. Camp-based refugees receiving work permits must report to the camp at least one day per month.

Some longstanding Palestinian refugees with Jordanian citizenship were integrated into the workforce. Almost 160,000 Palestinian refugees originally from Gaza, however, were not eligible for Jordanian citizenship, and authorities restricted their access to public services and employment. Additionally, according to UNRWA, authorities did not allow PRS to work, and a significant percentage remained without Jordanian documents.

Access to Basic Services: The government allowed Syrian and other UNHCR-registered refugees to access public health and education facilities. From 2014 until March, authorities charged Syrian refugees for health care at the same rates as uninsured Jordanians, who pay a nominal fee for most basic health services. Iraqi and other refugees must pay the foreigner’s rate for health care. As of March authorities required Syrian refugees to pay 80 percent of the foreign resident rate for all medical costs.

The government continued to provide free primary and secondary education to Syrian refugee children and to permit all school-age Syrian refugees access to education. As of the end of the academic year 2017-18, authorities had not fully completed this objective, and an estimated 73,000 Syrians were still without formal or informal education. There were reports that some Syrian refugee children may not enroll in school if they do not have Ministry of Interior cards. Non-Syrian refugees must pay to attend government schools. Public schools, particularly in the north of the country, were overcrowded and operated on a double-shift schedule to accommodate Syrian students. The government increased the number of double-shift schools in an action designed to allow an additional 50,000 Syrian refugee students to obtain formal education as well as 126,000 refugee students enrolled in 2016-17.

For those not eligible to access formal education because they have been out of school for three or more years, the Ministry of Education developed a catch-up program that reached over 4,000 students between the ages of nine and 12 since 2016 and enrolled them at catch-up centers across the country in 2017-18. Children 13 years old and above, who were not eligible to enroll in formal education, could also participate in nonformal education drop-out programs implemented by NGO partners, in close coordination with the Ministry of Education.

Some Syrian children continued to face barriers to attending public schools, including lack of transportation, long distances to schools, bullying by fellow students and teachers, or child labor.

Palestinian refugees from Gaza who entered the country following the 1967 war were not entitled to services, including access to public assistance and higher education. Earlier refugees from Gaza, who came to Jordan between June 1946 and May 1948, were eligible to receive UNRWA services.

Temporary Protection: The government provided temporary protection to individuals who may not qualify as refugees. The government tolerated the prolonged stay of many Iraqis and other refugees beyond the expiration of the visit permits under which they had entered the country.

STATELESS PERSONS

Only fathers can transmit citizenship. Women do not have the legal right to transmit citizenship to their children. Children of female citizens married to noncitizens receive the nationality of the father and rely on a special identification card to enroll in school, access services, and obtain a driver’s license. Since 2016, the Ministry of Education has formally allowed all children, regardless of nationality or status, to enroll in formal education, although in practice lacking proper paperwork did sometimes lead to delays or issues enrolling children in school. In guidelines announced by the government in 2014, if children of Jordanian mothers and noncitizen fathers apply and meet certain criteria, they may gain access to certain services enjoyed by citizens, including subsidized health care; the ability to own property, invest, and obtain a Jordanian driver’s license; and have employment priority over other foreigners. This ruling affects tens of thousands of families, including hundreds of thousands of children, in which the father lacked Jordanian citizenship. An estimated 55,000 of these fathers were Palestinians. To access these services, children must obtain a special identification card through the Civil Status Bureau. Under the 2014 law, applicants must prove the maternal relationship, that the Jordanian mother has been resident in the country for five years, and that the children currently reside in the country. In 2016, the Civil Status Bureau began issuing identification cards to replace the initial certificates. In September, the cabinet removed the five-year residency requirement for Jordanian mothers. By law, the cabinet may approve citizenship for children of Jordanian mothers and foreign fathers under certain conditions, but this mechanism was not widely known, and approval rarely occurred.

Women may not petition for citizenship for noncitizen husbands, who may apply for citizenship only after fulfilling a requirement that they maintain continuous Jordanian residency for 15 years. Once a husband has obtained citizenship, he may apply to transmit citizenship to his children. Such an application could take years, and the government can deny the application.

Syrian refugees were sometimes unable to obtain birth certificates for children born in the country if they could not present an official marriage certificate or other nationality documents, which were sometimes lost or destroyed when they fled, or confiscated by government authorities when the refugees entered the country. A large number of Syrian marriages reportedly took place in Jordan without registration. The government opened a legal process for such cases to adjust and obtain registration documents. Refugee households headed by women faced difficulty in certifying nationality of offspring in absence of the father, which increased the risk of statelessness among this population. Civil registry departments and sharia courts in the Za’atri and Azraq camps helped refugees register births.

Kazakhstan

Section 2. Respect for Civil Liberties, Including:

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

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

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

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

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

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

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

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

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

PROTECTION OF REFUGEES

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

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

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

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

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

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

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

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

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

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

STATELESS PERSONS

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

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

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

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

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

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

Kenya

Section 2. Respect for Civil Liberties, Including:

Kiribati

Section 2. Respect for Civil Liberties, Including:

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

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

PROTECTION OF REFUGEES

Access to Asylum: The law does not specifically provide for granting asylum or refugee status, but the principal immigration officer has wide discretionary authority to permit foreigners to stay in the country. The government has not established a formal system for protecting refugees. During the year there were no reported applications for asylum or refugee status.

Kosovo

Section 2. Respect for Civil Liberties, Including:

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

The law provides for freedom of movement within the country, foreign travel, emigration, and repatriation, and the government generally respected these rights. Nevertheless, roadblocks placed as a result of interethnic tensions and real and perceived security concerns sometimes restricted freedom of movement. Security concerns also limited the number of displaced Kosovo Serbs seeking to return.

The government cooperated with UNHCR and other humanitarian organizations in providing protection and assistance to internally displaced persons, refugees, returning refugees, asylum seekers, persons at risk of statelessness, and vulnerable minority communities.

In-country Movement: The Austerlitz Bridge connecting Mitrovica/e North and South remained closed for vehicular traffic but was fully open to pedestrians. Other bridges connecting the two cities were fully open.

The government did not consider Serbian-issued personal documents bearing Kosovo town names to be valid travel documents, making it difficult for many members of the Kosovo Serb community to travel freely to and from Kosovo, unless using the two border crossings with Serbia located in the Kosovo-Serb majority municipalities in the north. The Turkish government refused to renew the passports of some Turkish legal residents of Kosovo; these individuals were unable to travel outside of Kosovo.

Exile: The return to the country by Ashkali, Balkan Egyptian, and Roma refugees from the war remained a problem. Their institutional representatives believed that social prejudice prevented the return of nearly 400 Ashkalis, Balkan Egyptians, and Roma who were formerly resident in the country and have informed UNHCR that they were ready to return from Serbia, Macedonia, and Montenegro.

INTERNALLY DISPLACED PERSONS (IDPS)

According to UNHCR, approximately 90,000 persons formerly resident in the country remained displaced by the war and its aftermath in neighboring states. In all, 8,367 displaced persons (2,104 families), primarily Kosovo Serbs, registered their interest in returning to the country with UNHCR. The Communities and Returns Ministry reported 370 individuals returned to their places of origin as of August.

The government allocated 1.8 million euros ($2.1 million) for housing construction of non-Serb minority communities in May and committed to funding 23 temporary care shelters for 432 displaced persons through 2020. Obstacles persisted in terms of the allocation of land for housing reconstruction, lack of economic prospects, and societal discrimination. According to UNHCR, the lack of a detailed census and adequate profiling data left displaced persons excluded from human rights protections and development plans.

In January the government adopted a regulation on return of displaced persons and durable solutions, establishing minimum living conditions for displaced persons. The regulation also defined institutional responsibilities, procedures, and criteria for assistance to the displaced. As of August, returnee representatives claimed the government had not implemented the regulation.

The return process in some areas of the country continued to be marked by security incidents or local communities’ reluctance to accept minority returnees. UNHCR observed limited interaction between returnees and receiving communities as well as the returnees’ lack of trust in law enforcement. In addition, minority returnees were beset with security difficulties, and officials in multiple locations often discouraged their return.

On August 7, the SPRK indicted ethnic-Serb returnee Milorad Zajic for allegedly burning the homes of ethnic Albanians in 1999. Ethnic Serb leaders and other observers saw this and other similar indictments as attempts to discourage potential ethnic-Serb returnees to majority Albanian areas.

Despite official calls for the return of displaced persons, the government did not take steps to eliminate obstacles to housing repossession or assistance. Such obstacles included land allocation for housing construction, security problems in some areas, and overall lack of socioeconomic prospects for returnees. UNHCR claimed that government reintegration programs for displaced persons remained largely unsuccessful due to a lack of proper needs assessment and failure to select and prioritize beneficiaries based on vulnerabilities.

UNHCR reported that the KP maintained an increased presence in areas with returnees to prevent interethnic violence. As of May, UNHCR had recorded 23 incidents of violence against ethnic Serbs and one incident involving Roma returnees. In May protestors threw stones at ethnic Serb IDPs visiting a church in Kline/Klina to mark a religious holiday; the KP arrested an individual accused of orchestrating the attack.

PROTECTION OF REFUGEES

Refoulement: On March 29, under an order from the Kosovo Intelligence Agency, a KP Special Intervention Unit arrested six Turkish citizens legally resident in Kosovo alleged by Turkish authorities to be followers of Turkish cleric Fethullah Gulen. The agency has legal authority to recommend deportation when “national security circumstances” warrant it. Later the same morning, the Ministry of Interior’s Department for Citizenship, Asylum, and Migration deported the six detainees to Turkey, where they were held on vague charges by Turkish authorities. NGOs and the Ombudsperson Institution asserted the government denied the detainees their right to claim asylum or appeal the deportation decision before a court. NGOs and opposition politicians claimed the expedited deportation was politically motivated. The prime minister dismissed the interior minister and Kosovo Intelligence Agency director as a result of the incident. A parliamentary investigation and a case in Pristina’s Basic Court brought by families of the deportees were underway at year’s end.

Access to Asylum: The Assembly passed a new Law on Asylum in May. In addition to existing provisions granting asylum or refugee status, the new law provides for temporary admission of asylum seekers while their cases are adjudicated, and grants refugee status that includes subsidiary protection for those granted asylum protection in Kosovo.

According to the Ministry of Interior, there were 116 asylum applications through July, 15 of which were approved. Six individuals were granted refugee status during the year. As of July, there were 21 pending asylum applications.

Reception facilities at the asylum center can host children, but the facility lacked standard operating procedures for the treatment of unaccompanied children seeking asylum and for determination of their eligibility for asylum.

Safe Country of Origin/Transit: The law recognizes the safe country of origin concept under international law but had yet to apply it. According to UNHCR, the country’s definition of safe country of origin complies with EU standards.

Access to Basic Services: UNHCR reported that asylum seekers received accommodation, regular meals, and clothing, while UNHCR partner organizations provided psychological assessments, counseling services, and legal aid. The lack of interpretation services for a number of languages remained a problem. UNHCR claimed healthcare and psychological treatment were still inadequate.

Temporary Protection: The government also provided temporary protection, called subsidiary protection, to individuals who may not qualify as refugees. From independence in 2008 through June, the government provided subsidiary protection to 14 persons.

STATELESS PERSONS

Official figures on stateless persons were not available. The law contains no discriminatory provisions that might cause groups or individuals to be deprived of or denied citizenship. Children acquire citizenship from their parents or by virtue of birth in the country in cases of children born to parents of certain minority communities whose citizenship was not documented. Government procedures provide for access to naturalization for those granted stateless or refugee status five years after the determination.

Laws relating to civil status permit stateless persons to register life events such as birth, marriage, and death; implementation varied among municipalities. The government’s capacity to identify stateless persons and those with undetermined nationality remained inadequate.

During the year, UNHCR assisted 217 stateless ethnic Ashkalis, Balkan Egyptians, and Roma. Unregistered family members did not receive social assistance benefits and pension rights and could not register property titles or retain rights to inherited or transferred property. Children who were born of parents displaced outside the country and who entered with their readmitted parents often lacked documentation, including birth certificates, from their place of birth. Authorities acknowledged the problem but did not develop a systematic solution. In 2015 the Civil Registration Agency of the Ministry of Internal Affairs promoted free birth registration and late registration by removing the expiration date that would have triggered fees or penalties for many registration services for ethnic Roma, Ashkalis, and Balkan Egyptians.

UNHCR reported that around 600 Ashkalis, Balkan Egyptians, and Roma were “legally invisible” due to their inability to provide evidence of their birth in the country. During the year the ministry’s Civil Registration Agency provided birth certificates, identification, and/or passports to 50 displaced persons from the country who were living in Montenegro.

Kuwait

Section 2. Respect for Civil Liberties, Including:

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

The constitution generally provides for freedom of internal movement, but numerous laws constrain foreign travel.

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

Because there is no path to citizenship, all workers are considered foreign residents and not labelled as migrants.

Foreign Travel: Bidoon and foreign workers faced problems with, or restrictions on, foreign travel. The government restricted the ability of some Bidoon to travel abroad by not issuing travel documents, although it permitted some Bidoon to travel overseas for medical treatment and education, and to visit Saudi Arabia for the annual Hajj (Islamic pilgrimage). The Ministry of Interior has not issued “Article 17” passports (temporary travel documents that do not confer nationality) to Bidoon except on humanitarian grounds since 2014.

The law also permits travel bans on citizens and nonnationals accused or suspected of violating the law, including nonpayment of debts, and it allows other citizens to petition authorities to impose one. This provision resulted in delays and difficulties for citizens and foreigners leaving the country.

Citizenship: By law the government is prohibited from revoking the citizenship of an individual who was born a citizen unless that individual has obtained a second nationality, which is against the law. Additionally, the law permits the government to revoke the citizenship of naturalized citizens for cause, including a felony conviction and, subsequently, deport them. The government has justified the revocation of citizenship by citing a 1959 nationality law that permits withdrawal of citizenship from naturalized Kuwaitis who acquired citizenship dishonestly or threatened to “undermine the economic or social structure of the country.” Additionally, if a person loses citizenship, all family members whose status derives from that person also lose their citizenship and all associated rights. Children born of citizen mothers and noncitizen fathers are not granted citizenship. Children born of noncitizen mothers and Kuwaiti fathers are granted citizenship.

In May the Court of Cassation affirmed that it is not permissible to withdraw citizenship from any citizen without a legitimate reason, stressing that a final court ruling must justify the withdrawal of the citizenship of any citizen. There were, however, cases in which natural born citizens had their citizenship revoked, even when courts found it illegal.

Persons who had their citizenship revoked, and any family members dependent on that individual for their citizenship status, became stateless individuals. Authorities can seize the passports and civil identification cards of persons who lose their citizenship and enter a “block” on their names in government databases. This “block” prevented former citizens from traveling or accessing free health care and other government services reserved for citizens. A Council of Ministers committee created in 2017 to review citizenship revocations since 1991, received 200 appeals and sent their recommendations for 70 of those to the Council of Ministers. Seven families had their citizenship restored, while the other 63 were rejected. There were no known revocations of citizenship during the year.

The law prohibits the granting of citizenship to non-Muslims, but it allows non-Muslim male citizens to transmit citizenship to their descendants. According to the law, children derive citizenship solely from the father; children born to citizen mothers and nonnational fathers do not inherit citizenship. Female citizens may sponsor their nonnational children (regardless of age) and husbands for residency permits, and they may petition for naturalization for their children if the mother becomes divorced or widowed from a noncitizen husband.

The government may deny a citizenship application by a Bidoon resident based on security or criminal violations committed by the individual’s family members. Additionally, if a person loses citizenship, all family members whose status was derived from that person also lose their citizenship and all associated rights.

PROTECTION OF REFUGEES

Access to Asylum: The law does not provide for granting asylum or refugee status. There is no system for providing protection to refugees, and the government did not grant refugee status or asylum during the year. UNHCR recognized approximately 1,650 registered asylum seekers and refugees in the country.

During the year the country suspended an agreement allowing refugees to be resettled in Turkey, Jordan, and Sudan, among others. The decision followed protests, notably in Sudan, over this policy.

Freedom of Movement: During the year UNHCR reported that hundreds of Syrian refugees remained at the deportation center since, according to UNHCR, they could not be sent back to Syria without the refugees’ approval. Holding refugees at the deportation center for long periods has exacerbated an already difficult situation at the overcrowded facility.

Employment: Most asylum seekers and refugees were from Iraq, Somalia, and Syria, and many were either employed or supported by human rights groups pending resolution of their UNHCR asylum requests and resettlement. Many reported being increasingly fearful of losing their job, residency status, or both.

Access to Basic Services: Due to populist antiexpatriate sentiments in the country, the government enacted policies making healthcare and education more expensive for foreign workers than for citizens. Human rights organizations reported the immediate effect of this policy was that many foreign workers and their families receiving medical treatment chose to be discharged from hospitals rather than receive treatment they could no longer afford. Compounded by stagnant wages, an increasing cost of living, and a lack of job security, more persons–even legally employed workers, especially from conflict zones–began seeking asylum and resettlement in Europe, America, and Australia.

Stateless Persons

According to the latest government figures, there were approximately 88,000 Bidoon in the country, while in Human Rights Watch estimated the Bidoon population at more than 100,000 in 2018. The law does not provide noncitizens, including Bidoon, a clear or defined opportunity to gain nationality. The judicial system’s lack of authority to rule on the status of stateless persons further complicated the process for obtaining citizenship, leaving Bidoon with no access to the judiciary to present evidence and plead their case for citizenship.

The naturalization process for Bidoon is not transparent, and decisions appeared arbitrary. The Central Agency for Illegal Residents, tasked with monitoring Bidoon affairs, had more than 88,000 registered Bidoon under review. Although Bidoon are entitled to government benefits including five-year renewable residency, free healthcare and education, and ration cards, community members have alleged it was difficult for them to avail of those services due to bureaucratic red tape.

According to Bidoon advocates and government officials, many Bidoon were unable to provide documentation proving ties to the country sufficient to qualify for citizenship. The government alleged that the vast majority of Bidoon concealed their “true” nationalities and were not actually stateless. Agency officials have extended incentive benefits to Bidoon who disclose an alternate nationality, including priority employment after citizens, and the ability to obtain a driver’s license. As of March approximately 12,700 Bidoon admitted holding other nationalities.

Bidoon leaders alleged that when some members of the Bidoon community attempted to obtain government services from the central agency, officials would routinely deceive them by promising to provide the necessary paperwork if Bidoon agreed to sign a blank piece of paper. Later, Bidoon reported, the agency would write a letter on the signed paper purportedly “confessing” the Bidoon’s “true” nationality such as Saudi, Iraqi, Syrian, Iranian, or Jordanian, which rendered them ineligible for recognition or benefits as Bidoon.

According to UNHCR some Bidoon underwent DNA testing to “prove” their Kuwaiti nationality by virtue of blood relation to a Kuwaiti citizen. Bidoon are required to submit DNA samples confirming paternity to become naturalized, a practice critics said leaves them vulnerable to denial of citizenship based on DNA testing.

The government discriminated against Bidoon in some areas. Some Bidoon and international NGOs reported that the government did not uniformly grant some government services and subsidies to Bidoon, including education, employment, medical care, and the issuance of civil documents, such as birth, marriage, and death certificates. Since the government treats them as illegal immigrants, Bidoon do not have property rights.

Bidoon advocates reported that many Bidoon families were unable to obtain birth certificates for their children due to extensive administrative requirements, which restricted the children’s ability to obtain government-issued identification cards, access adequate medical care, attend school, and be counted in official statistics.

Many adult Bidoon lacked identification cards due to the many administrative hurdles they face, preventing them from engaging in lawful employment or obtaining travel documents. This restriction resulted in some Bidoon children not receiving an education and working as street vendors to help support their families. Many Bidoon children who attended school enrolled in substandard private institutions as citizens were given priority to attend public school.

The government amended the existing law on military service to allow the sons of soldiers who served in the military for 30 years and the sons of soldiers killed or missing in action to be eligible to join the military. According to the head of the Interior and Defense Parliamentary Committee, more than 25,000 Bidoons are awaiting enlistment.

Kyrgyz Republic

Section 2. Respect for Civil Liberties, Including:

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

The law provides for freedom of internal movement, foreign travel, emigration, and repatriation, and the government generally respected these rights. The law on internal migration provides for freedom of movement. The government generally respected this right, and citizens usually were able to move within the country with ease. The government cooperated with the Office of the UN High Commissioner for Refugees (UNHCR) and other organizations to provide some protection and assistance to refugees, asylum seekers, stateless persons, and other persons of concern.

A 2016 amendment to the law on combating terrorism and extremism revokes citizenship of anyone convicted of terrorist and extremist activities. The law was not used during the year.

Foreign Travel: The law on migration prohibits travel abroad by citizens who have or had access to information classified as state secrets until the information is declassified.

PROTECTION OF REFUGEES

Access to Asylum: The law provides for the granting of asylum or refugee status, and the government has established a system for providing protection to refugees. The law on refugees includes nondiscrimination provisions covering persons who were not refugees when they left their country of origin and extends the validity of documents until a final decision on status is determined by a court.

Employment: UN-mandated refugees who lacked official status in the country do not have legal permission to work, access to medical services, or the right to receive identity documents. They were therefore susceptible to exploitation by employers paying substandard wages, not providing benefits, and not complying with labor regulations. They could not file grievances with authorities. Refugees with official status in the country have legal permission to work.

Access to Basic Services: UN-mandated refugees and asylum seekers who lacked official status were ineligible to receive state-sponsored social benefits. Refugees with official status in the country have access to basic services.

STATELESS PERSONS

UNHCR officials stated the country’s stateless persons fell into several categories. As of July, 1,189 individuals were listed as stateless, a significant decrease from the approximately 13,431 stateless individuals identified in the country since 2014. Of this number, 11,636 stateless individuals either confirmed or acquired citizenship or obtained status of a stateless person due in large part to a countrywide registration and documentation campaign conducted jointly by UNHCR, the government, and nongovernmental partners. As of July there were an estimated 1,600 Uzbek women who married Kyrgyz citizens but never received Kyrgyz citizenship (many such women allowed their Uzbek passports to expire, and regulations obstructed their efforts to gain Kyrgyz citizenship). Other categories included Roma, individuals with expired Soviet documents, children born to one or both parents who were stateless, and children of migrant workers who renounced their Kyrgyz citizenship in the hope of becoming Russian citizens. The government denied access to social benefits and official work documents to stateless persons, who lacked sufficient legal standing to challenge exploitative labor conditions in court. The State Registration Service maintained its database of stateless persons based only on those who contacted it.

Laos

Section 2. Respect for Civil Liberties, Including:

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

The government used the law to restrict freedom of internal movement, foreign travel, emigration, and repatriation. The government cooperated in some cases with the Office of the United Nations High Commissioner for Refugees (UNHCR) and other humanitarian organizations in providing protection and assistance to internally displaced persons, refugees, returning refugees, asylum seekers, stateless persons, and other persons of concern.

In-country Movement: Citizens traveling for religious purposes including to minister, give advice, or visit other churches, with the exception of animist groups, are required to seek permission from central and provincial authorities. This process can take several weeks.

INTERNALLY DISPLACED PERSONS (IDPS)

The absence of comprehensive and timely monitoring by international organizations and independent observers made it difficult to verify the number and condition of IDPs; their situation, protection, and reintegration; government restrictions on them; and their access to basic services and assistance. The collapse of a dam under construction in Attapeu Province in July resulted in the displacement of an estimated 6,000 persons.

The government continued to relocate some villagers to accommodate land concessions given to development projects and relocated highland farmers, mostly from ethnic minority groups, to lowland areas under its plan to provide better access to roads and health and education services, and to end opium production and slash-and-burn agriculture. Families frequently reported the government displaced them for government projects, for example a railroad linking Vientiane with China.

Although resettlement plans called for compensating farmers for lost land and providing resettlement assistance, in many cases villagers considered the assistance insufficient. Moreover, in some areas farmland allotted to relocated villagers was poor and unsuited for intensive rice farming. The government relied on assistance from NGOs, bilateral donors, and international organizations to cover the needs of those it resettled, but such aid was not available in all areas.

PROTECTION OF REFUGEES

Access to Asylum: The law provides for the granting of asylum or refugee status, but the government has not established a system for providing protection to refugees. The government did not routinely grant refugee or asylum status, but it dealt with individuals on a case-by-case basis.

Authorities reportedly detained refugees recognized by UNHCR, such as Kha Yang after his deportation from Thailand in 2011. Authorities did not acknowledge UNHCR requests for access to him at that time. Kha Yang’s whereabouts remained unknown.

The government’s policy both for Hmong surrendering internally and for those returned from Thailand was to return them to their community of origin whenever possible.

Latvia

Section 2. Respect for Civil Liberties, Including:

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

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

PROTECTION OF REFUGEES

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

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

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

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

STATELESS PERSONS

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

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

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

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

Lebanon

Section 2. Respect for Civil Liberties, Including:

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

The law provides for freedom of internal movement, foreign travel, emigration, and repatriation, and the government generally respected these rights for citizens but placed extensive limitations on the rights of Palestinian refugees and Syrian, Iraqi, and other refugee populations. Within families, men sometimes exercised considerable control over female relatives, restricting their activities outside the home or their contact with friends and relatives.

As of October the Office of the UN High Commissioner for Refugees (UNHCR) registered more than 976,000 Syrian refugees, almost 16,400 Iraqis, more than 1,700 Sudanese refugees, and refugees of other nationalities in the country. UNHCR estimated that another 300,000 Syrians were unregistered, a result of government policy banning new registrations. While the government has allowed no new UNHCR registrations of refugees, UN agencies reported that working relationships with government ministries were generally productive. Some elements of the government, most notably the Ministry of Foreign Affairs, have attacked UNHCR, other UN agencies, and some donor governments for purportedly discouraging refugee returns to Syria, including threatening to eject some of those countries’ officials from Lebanon. The foreign minister for several months blocked renewal of legal residency for UNHCR staff, affecting the organization’s ability to deliver humanitarian assistance.

The UN Relief and Works Agency (UNRWA) assisted Palestinian refugees registered in the country. Approximately 470,000 Palestinians were registered as refugees with UNRWA in Lebanon as of December 2017. As of October, UNRWA estimated the number of Palestinians residing in the country was between 260,000 and 280,000. UNRWA also provided services to Palestinian refugees from Syria (PRS). As of October, UNRWA reconfirmed more than 29,000 PRS individuals residing in the country.

Abuse of Migrants, Refugees, and Stateless Persons: The government lacked the capacity to provide adequate protection for refugees. Multiple NGOs and UN agencies shared reports of sexual harassment and exploitation of refugees by employers and landlords, including paying workers below the minimum wage, working excessive hours, debt bondage, and pressuring families into early marriage for their daughters. There were multiple reports of foreign migrant domestic workers (mainly from East Africa and Southeast Asia), tied to their employers through legal sponsorship, who faced physical and mental abuse, unsafe working conditions, and nonpayment of wages. According to NGOs who assisted migrant workers in reporting these abuses to authorities, security forces and judges did not always adequately investigate these crimes, particularly as many victims later refused to file complaints or retracted testimony due to fear of reprisals or deportation.

In one highly publicized example, a domestic worker advocacy group reported that an Ethiopian domestic worker badly injured herself after leaping from a balcony to escape a physically abusive sponsoring family. The worker alleged the family abused and beat her, but later retracted her statements in televised interviews with the family. Advocacy groups suspected the well connected family coerced her to recant. The family reportedly sought to suppress media reporting on the incident through Lebanon’s libel and defamation laws.

In-country Movement: The government maintained security checkpoints, primarily in military and other restricted areas. Hizballah also maintained checkpoints in certain Shia-majority areas. Government forces were usually unable to enforce the law in the predominantly Hizballah-controlled southern suburbs of Beirut and did not typically enter Palestinian refugee camps. According to UNRWA Palestinian refugees registered with the Interior Ministry’s Directorate of Political and Refugee Affairs could travel from one area of the country to another. The DGS, however, had to approve the transfer of registration of residence for refugees who resided in camps. UNRWA stated the DGS generally approved such transfers.

In an effort to address the low number of refugees obtaining and renewing legal residency, the government waived renewal fees for refugees registered with UNHCR, a change to be implemented by the DGS. While the government intended these policies to improve the ability of Syrian refugees to obtain and maintain legal residency, there has been little improvement in the percentage of refugees with legal status. According to the United Nations, only 27 percent of the refugee population held legal residency as of October.

Due to the slow implementation of a February 2017 residency fee waiver by the DGS and, in many cases, failure to obtain or keep a Lebanese sponsor, the majority of Syrian refugees were unable to renew their legal documents, which significantly affected their freedom of movement owing to the possibility of regular arrests at checkpoints, particularly for adult men. While authorities released most detainees within a few days, some of the refugees met by foreign diplomats said authorities required them to pay fines before releasing them. Obtaining and maintaining legal residency was also a challenge for Iraqi refugees and refugees of other nationalities. UNHCR reports that only 20 percent of Syrian refugees were legal residents. There is no official limitation of movement for PRS in the country; however, PRS without valid legal status faced limitations to their freedom of movement, mainly due to the fear and risk of arrest at checkpoints. UNRWA reported anecdotal accounts of authorities detaining PRS without legal residency documents as well as issuing “departure orders” for those with expired visas.

Since 2014 authorities granted entry visas at the border for PRS only to persons with either a verified embassy appointment in the country or a flight ticket and visa to a third country. Authorities issue most of these individuals a 24-hour transit visa. Additionally, limited numbers of PRS secured a visa for Lebanon by obtaining prior approval from the DGS, which required a sponsor in the country and could not be processed at border posts. UNRWA estimated that only 12 percent of the PRS in the country arrived after 2016.

Compared to the policy applied to Syrian nationals, authorities applied tighter conditions to PRS (notwithstanding restrictions on Syrians announced in January 2015). For example, Syrian nationals, in principle, could enter with humanitarian visas, while this opportunity was not available to PRS. Consequently, some PRS sought to enter the country through irregular border crossings, placing them at additional risk of exploitation and abuse and creating an obstacle to later regularizing their legal status.

In July 2017 DGS issued a circular allowing the free, unlimited renewal of PRS residency for six months, with no fees for delays. It applied to PRS who entered the country legally or who regularized their status before September 2016, and granted temporary residency documents to PRS who turned 15 years old in the country, allowing them to use available documents more easily, for cases of children without passports or national identity cards. The circular, issued for residency renewal and not regularization, did not apply to PRS who entered the country through unofficial border crossings; authorities issued a departure order to PRS who entered the country through official border crossings, but who overstayed their temporary transit visa or failed to renew their visa.

In October 2017 the government waived the condition of valid residency for birth and marriage registration for PRS, expanding the application of a previous circular issued in September 2017 applicable to Syrians.

In principle, asylum seekers and refugees of nationalities other than Syrian, if arrested because of irregular entry or stay, were sentenced to one to three month’s imprisonment and ordered to pay a fine. Some also received a deportation order, due to illegal entry.

According to UNHCR most non-Syrian asylum seekers arrested due to irregular entry or residency faced administrative detention without being sentenced by a court. The DGS held these individuals in a migrant retention facility where officials processed their immigration files before making administrative deportation decisions. Most cases resulted in deportation of the detainee, except for some instances where UNHCR secured their resettlement to a third country.

INTERNALLY DISPLACED PERSONS (IDPS)

Fighting in 2007 destroyed the Nahr el-Bared Palestinian refugee camp, displacing approximately 30,000 residents, of whom approximately 27,000 were registered Palestine refugees. Many of the displaced resided in areas adjacent to the camp or in other areas of the country where UNRWA services were available. As of July approximately 55 percent of displaced families returned to newly reconstructed apartments in Nahr el-Bared camp.

PROTECTION OF REFUGEES

Refoulement: The government consistently reaffirmed its commitment to the principle of nonrefoulement with respect to Syrians. The DGS coordinated with Syrian regime officials to facilitate the voluntary return of 4,800 refugees, as of October 1. UNHCR did not organize these returns but was present at departure points and, in interviews with refugees, found no evidence that returns were involuntary or coerced. Between July 2017 and June, DGS deported seven Iraqi refugees.

Access to Asylum: The law does not provide for the granting of asylum or refugee status. Nonetheless, the country hosted an estimated 1.5 million refugees.

Palestinian refugees were prohibited from accessing public health and education services or owning land; they were barred from employment in many fields, making refugees dependent upon UNRWA as the sole provider of education, health care, and social services. A 2010 law expanding employment rights and removing some restrictions on Palestinian refugees was not fully implemented, and Palestinians remained barred from working in most skilled professions, including almost all those that require membership in a professional association.

In 2017 the Ministry of Labor issued an administrative decree that allowed Syrian refugees with valid legal residency to work in construction, agriculture, and cleaning. The decree does not apply to PRS, and many, therefore, worked unofficially, exposing them to discrimination and increased risk of abuse and exploitation. Large number of PRS families in the country relied heavily on UNRWA financial assistance.

As of June 30, there were more than 975,000 Syrian refugees registered with UNHCR. Since the government instructed UNHCR to stop registering Syrian refugees in early 2015, this total did not include Syrian refugees who arrived in the country after early 2015. There were no formal refugee camps in the country for Syrians. Most Syrian refugees resided in urban areas, many in unfinished, substandard, or nonresidential buildings. Approximately 19 percent lived in informal tented settlements, often adjacent to agricultural land, according to an October UN assessment. According to a UN study, the refugees borrowed to cover even their most basic needs, including rent, food, and health care, putting nearly 90 percent of them in debt.

In 2015 the government banned the entry of all Syrian refugees unless they qualified for undefined “humanitarian exceptions.” During the year the government accepted Syrians seeking asylum only if they qualified under the “humanitarian exceptions” that the Ministry of Social Affairs reviewed on a case-by-case basis. These exceptions included unaccompanied and separated children, persons with disabilities, medical cases, and resettlement cases under extreme humanitarian criteria.

Legal status in Lebanon was critical for protection, as it allowed refugees to pass through checkpoints, including to and from camps, complete civil registration processes, and access and remain within the educational system.

In addition to more than 16,000 UNHCR-registered Iraqi refugees residing in the country, a limited number of additional Iraqis entered during the year to escape violence. As of June 30, UNHCR also registered more than 3,500 refugees or asylum seekers from Sudan and other countries.

Freedom of Movement: Authorities imposed curfews in a number of municipalities across the country, allegedly to improve security of all communities. Some international observers raised concerns that these measures may be discriminatory and excessive, since authorities usually enforced them only on Syrian refugees.

Municipalities and neighborhoods hosting Syrian refugee populations continued to impose movement restrictions through curfews, evictions, and threats of evictions. As of July UNHCR confirmed the evictions of 336 households, comprising more than 1,500 refugees across the country. UNHCR only tracks “mass evictions” of five or more households; the overall number of refugees affected by eviction is higher. Furthermore, UN agencies reported that local municipal officials frequently used the threat of evictions to exert control over refugees or to appease host communities competing with refugees for jobs and other resources.

Police checkpoints and curfews imposed by municipalities restricted refugees’ movement. For example, in Metn refugees were under curfew from 7:00 p.m. until 7:00 a.m. Cases of identity document confiscation and fines for breaking curfews continued, although observers reported no violent incidents. UNHCR staff reported these restrictions on movement increasingly forced families to send children and young women, who authorities are less likely to stop, to perform family errands.

Employment: Authorities continued requiring Syrian refugees who wished to obtain residency permits to pledge to abide by the country’s laws, under which Syrians may work only in agriculture, construction, and cleaning.

The law allows a special account to provide end-of-service indemnities or severance pay to Palestinian refugees who retired or resigned. These benefits were available only to Palestinians working in the legal labor market. Palestinians did not benefit from national sickness and maternity funds or the family allowances fund. UNRWA continued to bear the cost of any medical, maternity, or family health-care expenses (excluding worker’s compensation).

Palestinian refugees received partial access to the benefits of the National Social Security Fund. They may not, however, work in at least 36 professions including medicine, law, and engineering and face informal restrictions on work in other industries. According to UN agencies, government officials, and Palestinian advocacy groups, Palestinian refugees consistently reported discrimination in hiring due to bureaucracy and stigma. Lack of written contracts, lack of employment benefits, and insecure job tenure contributed to unstable working conditions.

Access to Basic Services: The government did not consider local integration of any refugees a viable solution.

The law considers UNRWA-registered Palestinian refugees to be foreigners. UNRWA has the sole mandate to provide health, education, social services, and emergency assistance to registered Palestinian refugees residing in the country. The amount of land allocated to the 12 official Palestinian refugee camps in the country had changed only marginally since 1948, despite a fourfold increase in the population. Consequently, most Palestinian refugees lived in overpopulated camps, some of which past conflicts heavily damaged. In accordance with agreements with the government, Palestine Liberation Organization security committees provided security for refugees in the camps, with the exception of the Nahr el-Bared camp.

A comprehensive, multi-year plan to rebuild the Nahr el-Bared camp in eight stages began in 2008 and was in process at year’s end. In April UNRWA revised the overall estimated cost of the completing Nahr el Bared camp from LL 521 billion ($345 million) to LL 497 billion ($329 million). Remaining reconstruction was not fully funded, and a shortfall of LL 135 billion ($90 million) remained. On April 25, the prime minister appealed to the international community at the Brussels II Syria Conference to fund shortfall for reconstructing the camp, reconfirming this project as a priority for the country. Of the 27,000 Palestinians originally displaced following the camp’s destruction, UNRWA expected that approximately 21,000 would return.

A 2001 amendment to a 1969 decree barring persons explicitly excluded from resettling in the country from owning land and property was designed to exclude Palestinians from purchasing or inheriting property. Palestinians who owned and registered property prior to the 2001 law entering into force could bequeath it to their heirs, but individuals who were in the process of purchasing property in installments were unable to register the property.

Palestinian refugees residing in the country could not obtain citizenship and were not citizens of any other country. Palestinian refugee women married to Lebanese citizens were able to obtain citizenship after one year of marriage. According to the country’s nationality law, the father transmits citizenship to children. Palestinian refugees, including children, had limited social and civil rights and no access to public health, education, or other social services. Children of Palestinian refugees faced discrimination in birth registration, and many had to leave school at an early age to earn an income.

Palestinian refugees who fled Syria to Lebanon since 2011 received limited basic support from UNRWA, including food aid, cash assistance, and winter assistance, such as cash to purchase fuel for heating. Authorities permitted children of PRS to enroll in UNRWA schools and access UNRWA health clinics.

The Ministry of Education and Higher Education facilitated the enrollment of more than 213,000 non-Lebanese students, predominantly Syrian refugees, in public schools (basic education from kindergarten to grade nine) in the 2017-18 academic year. Authorities estimated that there were almost 338,000 registered Syrians of school age (three to 14 years old) in the country. Donor funding to UN agencies covered school-related expenses, such as school fees, books, and uniforms. Syrian refugees had access to many government and private health centers and local clinics for primary care services, and UN agencies and NGOs funded the majority of associated costs with international donor support. Syrian refugees had access to a limited number of UNHCR-contracted hospitals for lifesaving and obstetric care.

Iraqi refugees had access to both the public and private education systems. UNHCR verification exercises confirmed that authorities enrolled more than 600 Iraqi children in formal public schools for the 2017-18 school year. Iraqi refugees also had access to the primary health-care system. UNHCR, through NGOs, provided secondary health care with donor support.

STATELESS PERSONS

Citizenship is derived exclusively from the father, resulting in statelessness for children of a citizen mother and a noncitizen father when registration under the father’s nationality is not possible. This discrimination in the nationality law particularly affected Palestinians and, increasingly, Syrians from female-headed households. Additionally, some children born to Lebanese fathers did not have their births registered due to administrative obstacles or a lack of understanding of the regulations. The problem was compounded since nonnational status was a hereditary circumstance that stateless persons passed to their children. There were no official statistics on the size of the stateless population.

Approximately 3-5,000 Palestinians were not registered with UNRWA or the government. These persons are Palestinians who began to arrive in the country during the 1960s and do not hold any formal valid identification documentation. The government does not recognize them as they do not hold valid legal status in the country. Without documentation and legal status, nonregistered Palestinians faced restrictions on movement, risked arrest or detention, and encountered obstacles completing civil registration procedures; all of which limited access to public services and formal employment.

Undocumented Palestinians, not registered in other fields, were not necessarily eligible for the full range of services provided by UNRWA. Nonetheless, in most cases, UNRWA provided primary health care, education, and vocational training services to undocumented Palestinians. The majority of undocumented Palestinians were men, many of them married to UNRWA-registered refugees or Lebanese citizen women, who could not transmit refugee status or citizenship to their husbands or children.

The Directorate of Political and Refugee Affairs is responsible for late registration of children of Palestinian refugees. According to the law, birth registration of children older than one year previously required a court procedure, a proof of marriage, an investigation by the DGS, and a DNA test. A March 2 decree issued by the Ministry of Interior facilitated the required documentation for birth registration of PRS and Syrian children more than one year old and born in the country between 2011 and February. In such cases authorities no longer required the court procedure and DNA tests to register these children; however, proof of marriage is still mandatory. This decree does not apply to the registration of Palestinian refugee children more than one year old.

Approximately 1,000 to 1,500 of an estimated 100,000 Kurds living in the country lacked citizenship, despite decades of family presence in the country. Most were descendants of migrants and refugees who left Turkey and Syria during World War I, but authorities denied them citizenship to preserve the country’s sectarian balance. The government issued a naturalization decree in 1994, but high costs and other obstacles prevented many individuals from acquiring official status. Some individuals who received official status had their citizenship revoked in 2011 due to a presidential decree. Others held an “ID under consideration” document without a date or place of birth.

Stateless persons lacked official identity documents that would permit them to travel abroad and could face difficulties traveling internally, including detention for not carrying identity documents. They had limited access to the regular employment market and no access to many professions. Additionally, they could not access public schools or public health-care facilities, register marriages or births, and own or inherit property.

Lesotho

Section 2. Respect for Civil Liberties, Including:

Liberia

Section 2. Respect for Civil Liberties, Including:

Libya

Section 2. Respect for Civil Liberties, Including:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

INTERNALLY DISPLACED PERSONS (IDPS)

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

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

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

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

PROTECTION OF REFUGEES

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

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

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

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

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

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

STATELESS PERSONS

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

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

Liechtenstein

Section 2. Respect for Civil Liberties, Including:

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

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

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

PROTECTION OF REFUGEES

Access to Asylum: The law provides for the granting of asylum or refugee status. The government has established a system for providing protection to refugees, but persons entering the country from another safe country are not eligible for asylum. The law allows asylum seekers under deportation orders to be granted an appeal hearing if requested within five days after the decision. The law permits persons from safe countries of origin who are ruled to be ineligible to be processed for denial of asylum within a maximum of seven days.

The nongovernmental organization (NGO) Liechtenstein Refugee Aid reported that asylum seekers’ access to appropriate legal representation was inadequate, as asylum proceedings were only partially covered by legal aid. According to the NGO, the government provided legal assistance largely to asylum seekers whose applications were likely to be approved.

In some cases authorities detained unsuccessful applicants for asylum pending their deportation. Conditions of detention were generally satisfactory.

Lithuania

Section 2. Respect for Civil Liberties, Including:

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

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

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

PROTECTION OF REFUGEES

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

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

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

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

STATELESS PERSONS

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

Luxembourg

Section 2. Respect for Civil Liberties, Including:

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

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

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

PROTECTION OF REFUGEES

Access to Asylum: The law provides for the granting of asylum or refugee status, and the government has established a system for providing protection to refugees. Applicants for asylum continued to experience prolonged waiting periods for adjudication of their claims in some individual cases.

A small number of Iraqi nationals held a peaceful sit-in in Luxembourg City during the year. According to several news outlets, they were primarily persons whose requests for asylum status were rejected by the Directorate of Immigration and who were demanding protection and the authorization to work in the country. The government denied exerting pressure on the refugees to return to their country of origin and claimed that it granted the Iraqi nationals a six-month, renewable suspension of deportation instead. The government issued temporary working permits to those Iraqi nationals who had requested them and qualified, as follows: the employee and the employer jointly submit a request for a temporary working permit for a position which the Employment Development Agency has already declared vacant and for which EU nationals have already been given priority. The six months renewable temporary work permit is only valid for one profession and one employer.

Authorities determined the granting or denying of protection on a case-by-case basis through individual interviews and background checks. The Directorate of Immigration employed an accelerated procedure for nationals of safe countries of origin as determined by the 2006 Asylum Law and updated annually by the Ministry of Foreign Affairs. As part of the procedure, following the submission of the application, the directorate interviews applicants. Following the interview, the directorate considers whether the applicant falls under the normal procedure. In the event that the accelerated procedure applies, the directorate notifies the applicant. The accelerated procedure can last up to two months, with a possibility to reduce waiting time to six days for nationals of safe countries of origin. The applicant may file an appeal within 15 days after receiving the directorate’s decision.

Employment: Once granted asylum, there are no legal restrictions on a refugee’s ability to work. Most jobs, however, have language requirements that may present a barrier. According to the country’s Refugee Council (a collection of nongovernmental organizations (NGOs) assisting refugees), application procedures are lengthy and not adapted to the needs of the labor market. Asylum seekers can apply for a temporary work permit six months after applying for asylum. Job positions are published at the national employment agency but are open to foreign nationals only if no qualified citizen applies within three weeks. The Ministry of Foreign Affairs must approve requests for temporary work permits.

Durable Solutions: Through the EU, the country accepted refugees for resettlement, offered naturalization to refugees residing in the country, and assisted in voluntary return to their homelands.

Temporary Protection: The government provided temporary protection (known as “subsidiary protection”) to individuals who may not qualify as refugees and provided it to approximately 54 persons during 2017.

Madagascar

Section 2. Respect for Civil Liberties, Including:

Malawi

Section 2. Respect for Civil Liberties, Including:

Malaysia

Section 2. Respect for Civil Liberties, Including:

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

The constitution provides for freedom of internal movement, emigration, and repatriation, but these rights were often restricted by federal and state government officials, particularly in eastern Sabah and Sarawak States.

Abuse of Migrants, Refugees, and Stateless Persons: The government generally did not impede organizations providing protection and assistance to migrants, refugees, and stateless persons, most of whom lived intermingled with the general public. Access to those in detention centers, however, was often significantly limited.

Migrants, refugees, and stateless persons receive no government support. The government allows UNHCR and NGOs to work with these populations, but government cooperation with UNHCR was inconsistent. In 2017 the government launched the Tracking Refugees Information System to register refugees and collect their biometric data. The program requires refugees to pay an annual fee of RM500 ($125) for an identification card but did not provide any benefits.

As “illegal immigrants,” refugees and others are subject to deportation at any time. They also face a maximum five years’ imprisonment, a fine of RM10,000 ($2,500), or both, and mandatory caning of a maximum six strokes if convicted of immigration law violations.

In July the government used what some NGOs called inhuman and degrading methods to carry out a mass operation to arrest undocumented migrant workers.

Most migrants, refugees, and stateless persons lived in private accommodations and survived on support from UNHCR and NGOs or illegal casual labor. The government, however, held thousands in immigration detention centers and other facilities.

NGOs and international organizations involved with these populations made credible allegations of overcrowding, inadequate food and clothing, lack of regular access to clean water, poor medical care, improper sanitation, and lack of bedding. An NGO with access to the detention centers claimed these conditions and the lack of medical screening and treatment facilitated the spread of disease and contributed to deaths. NGOs provided most medical care and treatment in the detention centers.

Local and international NGOs estimated the population at most of the country’s 17 immigration detention centers was at or beyond capacity, with some detainees held for a year or longer. The number detained in these centers was not publicly available.

In-country Movement: Sabah and Sarawak States controlled immigration into their areas and required citizens from peninsular Malaysia and foreigners to present passports or national identity cards for entry. State authorities continued to deny entry to certain national opposition leaders to these states. Sarawak maintained a travel ban on a SUHAKAM commissioner for criticizing the construction of a controversial dam in the state. SUHAKAM stated the travel ban prevented it from holding its October commission meeting as planned.

Foreign Travel: Travel to Israel is subject to approval and limited to religious purposes. The government also sometimes used its powers to restrict travel by its critics. In addition to preventing overseas travel by some activists, the former government temporarily detained and in some cases denied entry to foreign human rights activists.

In May immigration authorities banned former prime minister Najib Razak, his wife, and several other former government officials from traveling overseas because they were suspected of corruption, although they had not been charged with a crime at the time they attempted to leave the country. Authorities later charged Najib with 38 counts of money laundering, bribery, and criminal breach of trust, and his wife with 19 counts of money laundering and corruption.

PROTECTION OF REFUGEES

Refoulement: The government at times did not provide legal protection against the expulsion or forcible return of refugees to countries where their lives or freedom could be threatened based on their race, religion, nationality, membership in a particular social group, or political opinion. In 2017 authorities detained three Turkish citizens, one a UNHCR-registered refugee, and deported them to Turkey, reportedly at the request of the Turkish government. According to a report released during the year by a Swedish human rights group, a Turkish national deported by Malaysian authorities in 2016 was beaten, tortured, and threatened with death upon his return to Turkey. Malaysian human rights groups said in April that the incident violated international customary law.

In October the government released 11 Uighurs from prison and dropped charges against them of illegal entry. The government also rejected China’s request to forcibly return the group to China and allowed them to relocate to Turkey.

Access to Asylum: The law does not provide for granting asylum or refugee status; government cooperation with UNHCR was inconsistent, but the government occasionally reported potential refugees to UNHCR.

Human rights organizations expressed serious concerns about conditions in immigration detention centers and the lack of access to fair legal process and adequate representation during immigration court hearings. The Malaysian Bar Council has strongly criticized the immigration courts in detention centers as facilitating a legal process where migrant workers were not provided with a clear understanding of the charges against them in their own language and were effectively denied the right to legal counsel. At court hearings 15 to 20 migrants were often tried together, grouped by the offense with which they were charged. If found guilty the cost of deportation is generally at the detainee’s expense, which led to prolonged detention for migrants who were unable to pay.

Freedom of Movement: The government generally tolerated the presence of undocumented refugees and asylum seekers, but sometimes detained them for a variety of causes in police jails or immigration detention centers until they could be deported or UNHCR established their bona fides. Some refugees holding UNHCR identification cards reported, nonetheless, limited ability to move throughout the country because authorities sometimes did not recognize the UNHCR card.

Employment: Although the government does not authorize UNHCR-registered refugees to work, it typically did not interfere if they performed informal work. UNHCR reported the government brought charges, in a few cases, against employers for hiring them. During the year the government permitted a pilot program for 30 Rohingya refugees to work in a local bakery, a program refugee advocates said was a success.

Access to Basic Services: The government provided access to health care at a discounted foreigner’s rate of 50 percent to UNHCR-registered refugees, but not to asylum seekers, who did not receive UNHCR registration cards. NGOs operated mobile clinics, but their number and access was limited. Refugees did not have access to the public education system. Access to education was limited to schools run by NGOs and ethnic communities, and UNHCR estimated no more than 40 percent of refugee children attended school. A lack of resources and qualified teachers limited opportunities for the majority of school-age refugee children. UNHCR staff members conducted numerous visits to prisons and immigration detention centers to provide counseling, support, and legal representation for refugees and asylum seekers.

Temporary Protection: The government provided temporary, renewable residence permits to a group of Syrian refugees. The permit allows for legal residency and conveys work rights, but must be renewed annually.

STATELESS PERSONS

The National Registration Department did not maintain records of stateless persons. UNHCR estimated there were 12,350 stateless persons residing in peninsular Malaysia and 450,000 in Sabah. In May the government established a minority task force to address statelessness among members of the country’s ethnic Indian community.

Citizenship law and birth registration rules and procedures created a large class of stateless children in the migrant/refugee population. When mothers did not have valid proof of citizenship, authorities entered the child’s citizenship as “unknown” on the birth certificate. UNHCR deemed this a widespread problem and reported that, in a population of approximately 80,000 Filipino Muslim refugees in Sabah State, an estimated 10,000 were children who were technically stateless.

Even if the father is a citizen, the marriage may be considered invalid and the children illegitimate if the mother lacks proof of citizenship; such children were also considered stateless.

Some observers indicated that children born to Muslim refugees and asylum seekers often had an easier time obtaining citizenship than non-Muslim refugees and asylum seekers. For refugees in Muslim marriages, the observers claimed authorities often accepted a UNHCR document or other documentation in lieu of a passport as proof of citizenship.

Persons who lacked proof of citizenship were not able to access government services, such as reduced cost health care, or own property.

In October the federal government approved the citizenship applications of two stateless children after lawyers sued the government. The cases of three other stateless children remained pending.

Maldives

Section 2. Respect for Civil Liberties, Including:

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

The law provides for freedom of internal movement, foreign travel, emigration, and repatriation, and the government generally respected these rights. During the year, however, the government confiscated the passports of several members of the political opposition, restricting their foreign travel.

PROTECTION OF REFUGEES

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

Mali

Section 2. Respect for Civil Liberties, Including:

Malta

Section 2. Respect for Civil Liberties, Including:

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

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

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

Abuse of Migrants, Refugees, and Stateless Persons: In May the Council of Europe’s European Commission against Racism and Intolerance noted pervasive offensive content aimed against migrants on the internet and in social media in the country, reflecting negative attitudes toward immigration.

PROTECTION OF REFUGEES

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

Safe Country of Origin/Transit: The country denied asylum to applicants who arrived from other EU countries.

Freedom of Movement: The government may legally detain an asylum applicant for up to nine months. By law the detention must serve to verify the applicant’s identity or nationality; identify elements on which the asylum application is based; decide on the applicant’s legal right to enter the country; facilitate a return procedure, including to another EU country; or protect national security or public order.

In some cases immigration authorities may allow alternatives to detention also limited to nine months’ duration, which may include regular reporting to an assigned place, residing at an assigned place, or depositing documents or a surety. Most asylum seekers were allowed one of these alternatives to detention and stayed in detention for no more than two months.

Immigration officers may also legally detain irregular migrants (including failed asylum seekers) who are subject to repatriation. Such detention may have a duration of six months and can be extended by a further 12 months. Most persons detained under these regulations stayed in detention for less than three months prior to their return.

Persons permitted to remain in the country were issued work permits. They were eligible for voluntary repatriation programs, but few chose to participate.

Durable Solutions: Between January and September, 100 persons were granted refugee status. Few refugees were able to naturalize. While persons with refugee status may apply for reunification with family outside the country, those with temporary “subsidiary” protection–the majority of asylum seekers–are not allowed to do so. As of September, 16 migrants had sought assisted voluntary return. According to several NGOs, integration efforts moved slowly, as migrants generally tended to stay close to residential centers, although some moved into the community. Many migrants found work, mostly in low skilled sectors. Migrants also expressed concerns about access to higher education.

Temporary Protection: The government also provided temporary protection, known as “subsidiary” protection, to individuals who may not qualify as refugees. From January to August, the country granted subsidiary protection to 334 persons.

Marshall Islands

Section 2. Respect for Civil Liberties, Including:

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

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

INTERNALLY DISPLACED PERSONS (IDPS)

U.S. nuclear testing from 1947 to 1958 displaced an estimated 14,000 individuals (original evacuees and their descendants). Some relocated to the United States, but most remained as IDPs residing in several locations across the country, including Kili Island and Ejit Islet in Majuro Atoll. IDPs did not suffer societal discrimination and received substantial government support.

PROTECTION OF REFUGEES

Access to Asylum: The laws do not provide for granting asylum or refugee status, and the government has not established a system for providing protection to refugees. The country has no history of receiving refugees or asylum seekers.

Mauritania

Section 2. Respect for Civil Liberties, Including:

Mauritius

Section 2. Respect for Civil Liberties, Including:

Mexico

Section 2. Respect for Civil Liberties, Including:

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

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

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

The government and press reports noted a marked increase in refugee and asylum applications during the year. According to UNHCR statistics, there were 9,900 asylum applications during the first half of the year, compared with a total of 14,596 applications in all of 2017.

At the Iztapalapa detention center near Mexico City, the Twenty-First Century detention center in Chiapas, and other detention facilities, men were separated from women and children, and there were special living quarters for LGBTI individuals. Migrants had access to medical, psychological, and dental services, and the Iztapalapa center had agreements with local hospitals to care for any urgent cases free of charge. Individuals from countries with consular representation also had access to consular services. Commission to Assist Refugees (COMAR) and CNDH representatives visited daily, and other established civil society groups were able to visit the detention facilities on specific days and hours. Victims of trafficking and other crimes were housed in specially designated shelters. Human rights pamphlets were available in many different languages. In addition approximately 35 centers cooperated with UNHCR and allowed it to display posters and provide other information on how to access asylum for those in need of international protection.

Abuse of Migrants, Refugees, and Stateless Persons: The press and NGOs reported victimization of migrants by criminal groups and in some cases by police, immigration officers, and customs officials. Government and civil society sources reported the Central American gang presence spread farther into the country and threatened migrants who had fled the same gangs in their home countries. An August 2017 report by the independent INM Citizens’ Council found incidents in which immigration agents had been known to threaten and abuse migrants to force them to accept voluntary deportation and discourage them from seeking asylum. The council team visited 17 detention centers across the country and reported threats, violence, and excessive force against undocumented migrants. The INM responded to these allegations by asserting it treated all migrants with “absolute respect.”

There were media reports that criminal groups kidnapped undocumented migrants to extort money from migrants’ relatives or force them into committing criminal acts on their behalf.

A November 2017 Amnesty International report highlighted the dangers Central American LGBTI migrants faced in Mexico. Citing UNHCR data, the report stated two-thirds of LGBTI migrants from El Salvador, Guatemala, and Honduras who applied for refugee status reported having been victims of sexual violence in Mexico.

According to a July 2017 report from the NGO Washington Office on Latin America, of the 5,824 reported crimes against migrants that occurred in the states of Chiapas, Oaxaca, Tabasco, Sonora, Coahuila, and at the federal level, 99 percent of the crimes were unresolved.

In-country Movement: There were numerous instances of armed groups limiting the movements of migrants, including by kidnappings and homicides.

INTERNALLY DISPLACED PERSONS (IDPS)

The NGO Mexican Commission for the Defense and Promotion of Human Rights (CMDPDH) attributed the displacement of 10,947 people in 2018 to violence by government forces against civilians in the states of Chiapas, Oaxaca, and Sinaloa. Land conflicts, social and ethnic violence, local political disputes, religiously motivated violence, extractive industry operations, and natural disasters were other causes. The CMDPDH found 74 percent of displaced persons in 2017 came from the states of Chiapas, Guerrero, and Sinaloa. The government, in conjunction with international organizations, made efforts to promote the safe, voluntary return, resettlement, or local integration of IDPs.

During an October 2017 border dispute between two municipalities in the state of Chiapas, 5,323 Tzotziles indigenous individuals were displaced. Violence between the communities resulted in women, children, and the elderly abandoning their homes. By January, 3,858 had returned, and the rest remained in shelters.

PROTECTION OF REFUGEES

Access to Asylum: The law provides for granting asylum or refugee status and complementary protection, and the government has an established procedure for determining refugee status and providing protection to refugees. At the end of 2017, the Commission to Assist Refugees (COMAR) had received 14,596 petitions, of which 2,400 were abandoned, 7,719 were pending, and 4,475 were resolved. The number of applicants withdrawing from the process dropped to 16 percent during the year, down from 36 percent in 2014. The refusal rate decreased from 61 percent to 37 percent over that same period. NGOs reported bribes sometimes influenced the adjudication of asylum petitions and requests for transit visas.

The government worked with UNHCR to improve access to asylum and the asylum procedure, reception conditions for vulnerable migrants and asylum seekers, and integration (access to school and work) for those approved for refugee and complementary protection status. In October, the government announced the “You Are at Home” (“Estas en tu casa”) program to address the flow of migrants in so-called caravans from Central America transiting the country to seek asylum in the United States. The program offered migrants the opportunity to stay legally in the country with access to health care, employment, and education for children. Press reports indicated that 546 migrants had registered for the program as of November 11.

Moldova

Section 2. Respect for Civil Liberties, Including:

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

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

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 internally displaced persons, refugees, returning refugees, asylum seekers, stateless persons, and other persons of concern.

A January decree by the Transnistrian leader adopted new migration mechanisms. According to Transnistrian authorities, the new law would “optimize the stay and registration of foreign citizens and stateless persons in Transnistria and improve migration processes.” Transnistrian authorities, however, maintained a travel notification mechanism required for all Moldovan and visiting foreign officials. There was at least one case of a Moldovan journalist being denied access to Transnistria in August. According to the OSCE Mission, since January 1, mission officials and their family members can cross the Transnistrian administrative line without being subject to the Transnistrian travel notification mechanism.

Although citizens generally may depart from and return to the country freely, there were some limitations on emigration. Before emigrating, the law requires individuals to settle all outstanding financial obligations with other persons or legal entities. The government did not strictly enforce this requirement. The law also provides that close relatives who are financially dependent on a potential emigrant must concur before the prospective emigrant may depart the country. Authorities did not enforce this law.

PROTECTION OF REFUGEES

Refoulement: Local and international observers, including Amnesty International, criticized the government for forcibly returning seven Turkish educators to Turkey in September where they were held on unclear charges by Turkish authorities. Media reports characterized them as Gulenists. Five of the educators had applied for political asylum and sought protection in the country. On September 13, another Turkish citizen was forcibly returned to Turkey by the Moldovan Intelligence Service, allegedly because of unlawful stay and for spreading of “extremist” ideas. On September 26, Amnesty International Moldova announced there were approximately 48 additional Turkish citizens in the country who were “blacklisted” and at risk of being forcibly returned to Turkey.

Access to Asylum: The law provides for granting asylum or refugee status, and the government established a system for protecting refugees. Obtaining formal refugee status was slow and burdensome. Authorities issued refugees identity cards for an indefinite term; beneficiaries of humanitarian protection received identification documents valid for three years; and asylum seekers received temporary identification cards. UNHCR provided refugees logistical, housing, and financial support. A temporary accommodation center administered by the Bureau of Migration and Asylum was available for asylum seekers.

Temporary Protection: The government provided humanitarian protection to individuals who may not qualify as refugees. As of August, there were 254 beneficiaries of humanitarian protection registered in the national asylum system.

STATELESS PERSONS

There were approximately 2,700 stateless persons in the country, most of whom resided in Transnistria. The largest numbers of stateless persons were ethnic Ukrainians, Russians, Romanians, and Turks.

The law grants citizenship to persons who resided in the historical regions of Bessarabia, Northern Bucovina, the Herta region, and the territory of the Moldovan Autonomous Soviet Socialist Republic prior to 1940 as well as their descendants. The law includes procedures for the determination of statelessness.

Stateless persons and refugees may gain nationality through naturalization. The law allows a stateless person who has resided legally in the country for eight years to seek citizenship. The government issued residence permits for a period of up to one year to stateless persons temporarily residing in the country at a cost ranging from approximately 500 to 1,400 lei ($30 to $84), depending on the urgency of the permit. Trafficking victims received residence permits free of charge.

Monaco

Section 2. Respect for Civil Liberties, Including:

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

The law provides for freedom of internal movement, foreign travel, emigration, and repatriation, and the government generally respected these rights. The government cooperated with the Office of the UN High Commissioner for Refugees and provided mainly financial support for the commissioner’s programs.

PROTECTION OF REFUGEES

Access to Asylum: The law does not provide for the granting of asylum or refugee status, and the government has not established a system for providing protection to refugees. Monaco is not normally a refugee-receiving country. The government vets applications for asylum with the French Office for the Protection of Refugees and Stateless Persons.

Durable Solutions: On May 30, the government and the Community of Sant’Egidio, a “public lay association” of the Roman Catholic Church, signed an agreement for hosting refugees in Italy. The government contributed 500,000 euros ($575,000) to support refugees, particularly refugees from Lebanon, for four years.

Mongolia

Section 2. Respect for Civil Liberties, Including:

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

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

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

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

PROTECTION OF REFUGEES

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

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

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

Montenegro

Section 2. Respect for Civil Liberties, Including:

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

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

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

INTERNALLY DISPLACED PERSONS (IDPS)

The Ministry of Interior significantly reduced the number of pending applications for resolving residency status in the country. As of September a total of 15,131 displaced persons (DPs) had applied to resolve their residency status. While authorities completed 14,828 of those requests, 303 were still pending. Of those completed, 12,242 received permanent or temporary resident status.

Persons whose applications for “foreigner with permanent residence” status were pending with the Ministry of Interior continued to hold the legal status of DPs or IDPs. Some persons who were entitled to apply faced difficulties in obtaining the required documentation, particularly in regularizing previously unregistered births or paying the fees required to procure documents.

With UNHCR and OSCE support, the government, together with the government of Kosovo, continued to assist displaced Romani persons and Balkan Egyptians in obtaining personal identification documents under the Montenegro-Kosovo agreement on late registration of births of persons born outside the hospital system. The process facilitated the registration of births of persons born in Montenegro or Kosovo, especially Romani, Ashkali, and Balkan Egyptian children.

Conditions for IDPs and DPs from the Yugoslav wars varied. Access to employment, health care, and social services was sometimes limited due to language barriers, insufficient integration programs, lack of documentation, or unclear or inconsistent administrative procedures. According to UNHCR, many remained vulnerable and in need of assistance.

Together with Croatia, Serbia, and Bosnia and Herzegovina, the country was a party to the Regional Housing Program, facilitated by international donors, to provide durable solutions for up to 6,000 DPs and IDPs in the country. During the year, the construction or purchase of apartments progressed well through eight projects which were in different stages of implementation.

A number of IDPs continued to live in substandard dwellings, struggled to pay rent for private accommodation, or feared eviction from illegally occupied facilities known as informal collective centers. Approximately 600 Roma from Kosovo remained split between a settlement in Berane and a container camp in Podgorica, while approximately 250 displaced Serbs continued to live in substandard collective housing in Berane. The government and international donors continued to assist camp residents while constructing multiple apartment buildings under the Regional Housing Program.

To assist both refugees from Croatia and Bosnia and Herzegovina and IDPs from Kosovo, the government continued to implement its 2017-19 national strategy for finding durable solutions for DPs and IDPs during the year.

Restricted access to employment pushed many DPs into gray-market activities. Poor economic prospects particularly affected Roma, Ashkali, and Balkan Egyptians from Kosovo as well as the aging Kosovo-Serb population in the Berane area, who continued to form a large segment of the marginalized and vulnerable DP and refugee population by virtue of their size, time in country, and access to resources. Romani DPs were the most vulnerable and marginalized displaced population in the country due to their low social status and level of integration, high levels of unemployment, and low levels of schooling and literacy.

Although the law gives foreigners with permanent residence the same rights as citizens, with the exception of the right to vote, IDP’s from the former Yugoslavia sometimes had limited access to employment, education, property ownership, and specialized medical care due to the difficulty of obtaining official documents.

The government continued to encourage DPs and IDPs to return to their places of origin, but repatriation slowed to a trickle due to the preference of many IDPs and DPs to remain in the country due to fear of reprisals in their countries of origin or a lack of resources. The availability of housing solutions in the country through the Regional Housing Program also affected the interest in returning. During the first eight months of 2017, only 53 IDPs voluntarily returned to Kosovo and Serbia.

PROTECTION OF REFUGEES

Access to Asylum: The law provides for the granting of refugee or subsidiary protection status, and the government established a system for providing protection to refugees. The government allows individuals to apply for asylum within a few days of entering the country. However, those caught illegally crossing the border who do not apply for asylum are placed into a detention center for criminal processing and deported. In January parliament adopted the Law on International Assistance and Temporary Protection of Foreigners, under which the Ministry of Interior took over management of the asylum center in Spuz, thus centralizing the main functions of the asylum system (i.e., initial determination of international protection and reception of services).

Unlike 2017, when 90 percent of asylum seekers were men, the year saw a substantial increase in the number of families applying for asylum. The government made efforts to strengthen its capacity to cope with sudden or large influxes of migrants by improving reception capacity. In July, in collaboration with the Ministry of Interior, UNHCR set up four refugee housing units at asylum centers to accommodate additional asylum seekers. The government has a contingency plan in place to ensure preparedness in case of a mass influx, but it was under revision at year’s end. On August 16, the government deployed the army to the Bozaj border crossing area of the border with Albania to prevent irregular entry into the country.

Of 2,346 asylum applications, 2,079 interviews were scheduled, and 44 were held. Observers noted that attention and readiness to address the increased mixed flow of migrants remained focused on border control aspects, as evidenced by the sharp rise in the number of migrants pushed back from the Montenegrin boarder during the year. The Ministry of Interior confirmed it attempted to deter migrants from entering by using patrols and noted that young men who saw the patrols often lost their nerve and went back to the other side of the border from which they had come.

Access to Basic Services: Once the asylum procedure is initiated, asylum seekers are granted access to free health care and education services in line with international standards, although barriers, including language and cultural differences, sometimes limited practical access.

In April, UNHCR and the Red Cross opened a community center near the asylum center to provide information, psychosocial support, counselling, legal support, language classes, and sports activities.

Durable Solutions: A path to citizenship was available but requires evidence that the applicant had renounced citizenship in his or her country of origin. The government provided support for the voluntary return or reintegration of refugees from countries of the former Yugoslavia. Those who chose the option of integration rather than return to their country of origin enjoyed access to the same rights as citizens, including access to basic services and naturalization in the country, but they did not have the right to vote.

Under the new Law on International Assistance and Temporary Protection of Foreigners, the integration of refugees and persons who receive subsidiary protection remains under the purview of the Ministry of Labor and Social Welfare.

Morocco

Section 2. Respect for Civil Liberties, Including:

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

The law provides for freedom of internal movement, foreign travel, emigration, and repatriation, and the government generally respected these rights although it limited movement to areas experiencing widespread unrest. The government denied entry to individuals it believed threatened the stability of the country. 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, and other persons of concern. The government also provided funding to humanitarian organizations to provide social services to migrants, including refugees.

The government continued to make travel documents available to Sahrawis, and there were no reported cases of authorities preventing Sahrawis from traveling. The government encouraged the return of Sahrawi refugees from Algeria and elsewhere if they acknowledged the government’s authority over Western Sahara.

Abuse of Migrants, Refugees, and Stateless Persons: Refugees and asylum seekers, as well as migrants, were particularly vulnerable to abuse. Europe-bound human smuggling and human trafficking increased in part due to restrictions on migration via the central and eastern Mediterranean. Moroccan authorities, however, cooperated with Spanish and EU authorities to thwart trafficking networks and arrest traffickers. Parliament passed legislation in 2016 to improve protections for victims. There were reports of government authorities arresting or detaining migrants, particularly around the Spanish enclave cities of Melilla and Ceuta, and forcibly relocating them to other parts of the country to deter attempts to cross illegally into Spanish territory.

In-country Movement: According to Amnesty International, since July law enforcement authorities seized an estimated 5,000 persons, including thousands of sub-Saharan migrants, and forcibly relocated them from areas neighboring the straits of Gibraltar and the Spanish enclaves of Melilla and Ceuta to the south of the country or near the Algerian border. According to Amnesty International, these included 14 asylum-seekers and four refugees registered with UNHCR in the country who authorities forcibly transferred to the south. At a press conference on August 30, government spokesperson Mustapha Khalfi stated the operations transferring migrants to other cities were in accordance with national laws that fight illegal immigration. The Ministry of Interior also affirmed the authorities relocated migrants without legal status from the north to other parts of Morocco in accordance with the law after local authorities had given notice to the migrants to relocate due to national security concerns.

PROTECTION OF REFUGEES

Access to Asylum: The law provides for the granting of refugee status. The government has historically deferred to UNHCR as the sole agency in the country entitled to perform refugee status determinations and verify asylum cases. UNHCR referred cases that meet the criteria for refugee recognition to the government’s interministerial Commission in Charge of Hearings for Asylum Seekers within the Bureau of Refugees and Stateless Persons. The government recognizes two types of asylum status: refugees designated according to the UNHCR statute and the “exceptional regularization of persons in irregular situation” under the 2016 migrant regularization program. The government continued to grant status to UNHCR-recognized refugees and temporary status to registered Syrians. There were 755 refugees registered in the country. During the year the commission held one hearing on January 25 for 36 asylum seekers referred by UNHCR; the eight asylum seekers who attended the hearing were granted legal status. According to the Ministry of Interior, as of August, UNHCR Rabat referred 803 asylum seekers to the commission, of whom about 60 percent were Syrian nationals.

Access to Basic Services: Recognized refugees and migrants were generally able to work and access health care and education services, including publicly funded professional and vocational training. Requests on behalf of women and children receive automatic approval, with immediate access to education and healthcare. Asylum seekers were, however, sometimes unable to access the national health care system and continued to have little access to the judicial system until recognized as refugees.

Durable Solutions: According to the government, during the second phase of its migrant regularization program from December 2016 to December 2017, the government granted legal status to 27,660 applicants. The government initially denied 14,898 applicants, of whom 9,328 reapplied and reviewing committees established at the local level reviewed these applications and granted those 9,328 legal status. The reviewing committees were composed of government officials, authorities, and representatives from the CNDH and migrant-serving NGOs. The program, similar to the 2014 campaign, granted legal status to foreign spouses and children of citizens and other legal residents of the country as well as to individuals with at least five years of residence in the country, a valid work contract, or chronic illness. From 2014 through 2017, the government granted legal status to more than 50,756 migrants, approximately 85 percent of the migrants who applied. Migrants and refugees may obtain Moroccan nationality if they meet the legal requirements of the Nationality Law and submit a request to the Ministry of Justice. The government facilitated voluntary returns in cooperation with UNHCR and, when necessary, the resettlement of recognized refugees to third countries. Since 2004 the government and the International Organization for Migration (IOM) have cofunded for the voluntary return of an estimated 26,000 migrants to their countries of origin. According to the government, it assisted with the voluntary return to the country of origin of an average of 2,000 to 3,000 migrants per year.

Temporary Protection: The government also provided temporary protection to individuals who may not qualify as refugees. Syrians and Yemenis benefited from “exceptional regularization” outside of the more permanent migrant regularization program. From December 2017 to February, 23,464 migrants benefited from exceptional regularization.

Mozambique

Section 2. Respect for Civil Liberties, Including:

Namibia

Section 2. Respect for Civil Liberties, Including:

Nauru

Section 2. Respect for Civil Liberties, Including:

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

 

INT

Neither the constitution nor law specifically provides for freedom of internal movement, foreign travel, emigration, and repatriation, but the government generally respected these rights for its citizens. The government cooperated with the Office of the United Nations High Commissioner for Refugees and other humanitarian organizations in providing protection and assistance to internally displaced persons, refugees, returning refugees, asylum seekers, stateless persons, or other persons of concern.

Abuse of Migrants, Refugees, and Stateless Persons: On October 13, the Office of the United Nations High Commissioner for Refugees called for the government and the Australian government to end offshore detention and for the immediate evacuation of the remaining refugees and asylum seekers, citing a deteriorating health situation in the refugee facilities. The call came after the government expelled global medical charity Medecins Sans Frontieres from the country, calling its members “political activists for refugees.”

According to media reports, children at the Refugee Processing Center indicated growing risks of self-harm, suicide attempts, or refusing all food and fluids. In August a 14-year-old male refugee who went on a hunger strike for more than 14 days was flown to Australia for treatment after he became critically ill. A 12-year-old female refugee was reportedly hospitalized in the country for injuries sustained after she attempted to set herself on fire.

PROTECTION OF REFUGEES

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

Durable Solutions: The government grants five-year visas to asylum seekers after they receive refugee determination.

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The Lessons of 1989: Freedom and Our Future