a. Freedom of Speech and Press

Although the constitution does not explicitly provide for freedom of speech or press, the High Court has held that the constitution implies a right to freedom of expression, and the government generally respected this right. An independent press, an effective judiciary, and a functioning democratic political system combined to promote freedom of expression, including for the press. Journalists expressed concern that strict defamation laws have had a “chilling effect” on investigative journalism and freedom of the press.

INTERNET FREEDOM

The government did not restrict or disrupt access to the internet or censor online content, and there were no credible reports the government monitored private online communications without appropriate legal authority. The internet was widely available to and used by citizens.

Law enforcement agencies require a warrant to intercept telecommunications, including internet communications.

The Australian Communications and Media Authority (ACMA) maintains a list of “refused classification” website content, primarily pertaining to child pornography, sexual violence, and other activities illegal in the country, compiled through a consumer complaints process. The ACMA may issue a notice to the internet service provider to remove domestically hosted “refused classification” material, or links to such material, that is the subject of a complaint if an investigation concludes the complaint is justified. The list is available to providers of filtering software. An owner or operator of such a website can appeal an ACMA decision to the Administrative Appeals Tribunal, an executive body that reviews administrative decisions by government entities.

According to the International Telecommunication Union, approximately 87 percent of the population used the internet in 2017.

ACADEMIC FREEDOM AND CULTURAL EVENTS

There were no government restrictions on academic freedom or cultural events.

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

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

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

Abuse of Migrants, Refugees, and Stateless Persons: Domestic and international organizations expressed serious concern about credible allegations of abuse of migrants in the detention centers on Manus Island and Nauru. Abuses included inadequate mental health and other medical services, instances of assault, sexual abuse, suicide, self-harm, suspicious deaths, and harsh conditions. The government claimed to continue to provide necessary services to refugees.

PROTECTION OF REFUGEES

Refoulement: The UN High Commissioner for Refugees (UNHCR) noted that immigration authorities in Australia and offshore detention centers forcibly deported refugees and asylum seekers and employed intimidation tactics so that detainees would voluntarily choose to return to their countries of origin. There were no reports of persecution or torture for returned refugees or asylum seekers, but NGOs and UNHCR considered it a possibility.

Access to Asylum: The law provides for granting asylum or refugee status. The government maintains a humanitarian refugee program that includes several types of visas available to refugees for resettlement in the country. UNHCR identifies and refers the majority of applicants considered under the program.

The law authorizes the immigration minister to designate a country as a regional offshore processing center. Parliament must be notified and then has five days to reject the proposed designation. Asylum seekers transferred to third countries for regional processing have their asylum claims assessed by the country in which the claim is processed. A 2013 agreement with Papua New Guinea ended in 2018. Agreements remained in effect with Nauru (2013) and Cambodia (2014), although the latter has been little used.

In some cases unauthorized arrivals determined not to be refugees who made it to Christmas Island, a small Australian island approximately 300 miles south of Jakarta, were sent to Sri Lanka with the cooperation of the Sri Lankan government. Authorities also occasionally forced intercepted boats carrying smuggled persons back into the territorial waters of their country of embarkation when safe to do so.

By law the government must facilitate access to legal representation for persons in immigration detention in country. Access to government-funded legal assistance is available only to those who arrived through authorized channels.

In June the immigration minister stated no refugee in Papua New Guinea or Nauru, including persons with close family ties to Australia, would be resettled in Australia. Representatives from UNHCR accused the government of breaking its promise to accept refugees with close family ties.

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

Temporary Protection: The law permits two temporary protection options for individuals who arrived in Australia and were not taken to regional processing centers in third countries. The temporary protection visa (TPV) is valid for three years, and visa holders are able to work, study, and reside anywhere in Australia with access to support services. Once expired, TPV holders are eligible to reapply for another TPV.

The Safe Haven Enterprise Visa (SHEV) is valid for five years and is granted on the basis that visa holders intend to work or study in nonmetropolitan areas. SHEV holders are eligible to apply for certain permanent or temporary visas after 42 months. As of October 1, the government had granted SHEVs to 11,676 persons.

a. Freedom of Speech and Press

The constitution and law provide for freedom of expression, including for the press, and the government generally respected this right. Independent media were active and expressed a wide variety of views with minimal restriction, but nongovernmental criminal elements subjected journalists to violence due to their professional activities. National laws prohibit politically motivated judicial censorship, but some local-level courts engaged in judicial censorship. In instances of violence perpetrated by protesters or provocateurs during massive demonstrations, at times security forces injured journalists during crowd-control operations. There were also cases of protesters attacking journalists.

Violence and Harassment: Journalists were sometimes subject to harassment, physical attacks, and threats as a result of their reporting. From January to April, the Brazilian Association of Radio and Television Broadcasters recorded the deaths of two journalists as well as 14 physical attacks, 11 threats, and nine acts of vandalism against journalists. On January 18, Jefferson Pureza Lopes, host of the radio program A Voice of the People, was killed in his home in Goias State. He had received death threats for years, and both his home and radio station office were burned down in response to denunciations of city irregularities made on his radio show. According to the international organization Reporters without Borders, a third Brazilian journalist was killed on August 16.

In August media outlets reported physical attacks against journalists by demonstrators in the states of Ceara and Sao Paulo as journalists were covering protests against the decision by the Federal Court of Parana on the imprisonment of former president Luiz Inacio “Lula” da Silva.

INTERNET FREEDOM

The government did not restrict or disrupt access to the internet or systematically censor online content, and there were no credible reports the government monitored private online communications without appropriate legal authority.

The 2014 Marco Civil law, considered an internet “bill of rights,” enshrines net neutrality and freedom of expression online and provides for the inviolability and secrecy of user communications online, permitting exceptions only by court order. Nevertheless, several legal and judicial rulings citing the Marco Civil law had the potential to threaten freedom of expression on the internet. Anonymous speech is explicitly excluded from constitutional protection, which left little privacy protection for those who used the internet anonymously through a pseudonym. Police and prosecutors may obtain data pursuant to three main statutes: the Wiretapping Act, Secrecy of Financial Data Act, and Money Laundering Act. In August President Temer approved a new data protection law regulating the use, protection, and transfer of personal data. NGOs praised the new law, with the NGO Article 19 calling it “an important advancement in the right to privacy and freedom of expression.” The local NGO Intervozes said the new law “creates an important legal framework that guarantees privacy and protection of fundamental rights” and puts the country in line with other international legislation in the field of data protection.

The electoral law regulates political campaign activity on the internet. The law prohibits paid political advertising online and in traditional media. During the three months prior to an election, the law also prohibits online and traditional media from promoting candidates and distributing content that ridicules or could offend a candidate.

According to the International Telecommunication Union, 65 percent of the population used the internet in 2017.

ACADEMIC FREEDOM AND CULTURAL EVENTS

There were no government restrictions on academic freedom or cultural events.

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

FREEDOM OF PEACEFUL ASSEMBLY

The government generally respected the right of freedom of peaceful assembly, but police occasionally intervened in citizen protests that turned violent.

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

The constitution provides for freedom of internal movement, foreign travel, emigration, and repatriation, and the government generally respected these rights. The National Committee for Refugees cooperated with the Office of the UN High Commissioner for Refugees and other humanitarian organizations in providing protection and assistance to refugees, asylum seekers, 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. By law refugees are provided official documentation, access to legal protection, and access to public services. The migration law signed by President Temer in May 2017 went into effect in November 2017, with implementing regulations developed during 2018. The law codifies protections for asylum claimants but overall made few changes to existing practices. It creates a new humanitarian visa as well as a new residency status that serves as an alternative to refugee claims for some categories of regional migrants, particularly from Venezuela.

During the year increasing numbers of Venezuelan economic migrants, asylum seekers, and refugees arrived in Roraima State in the north. As of August, 75,000 Venezuelans had applied for asylum or temporary residency in Brazil. The influx of Venezuelans into the small state of Roraima aggravated relations between local residents and the migrants and refugees, leading to some incidents of violence. On August 18, an anti-Venezuelan riot broke out in the border town of Pacaraima after a group of Venezuelans allegedly assaulted a local restaurant owner. While no deaths were reported, 1,200 Venezuelans were temporarily forced to return to their country.

a. Freedom of Speech and Press

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

Freedom of Expression: According to Supreme Court rulings, the government may limit speech to counter discrimination, foster social harmony, or promote gender equality. The court ruled that the benefits of limiting hate speech and promoting equality are sufficient to outweigh the freedom of speech clause in the Charter of Rights and Freedoms, the country’s constitutional bill of rights.

The criminal code prohibits public incitement and willful promotion of hatred against an identifiable group in any medium. Inciting hatred (in certain cases) or genocide is a criminal offense, but the Supreme Court sets a high threshold for such cases, specifying that these acts must be proven to be willful and public. Provincial-level film censorship, broadcast licensing procedures, broadcasters’ voluntary codes curbing graphic violence, and laws against hate literature and pornography impose some restrictions on the media.

On August 9, the Supreme Court announced it would hear the appeal of a Quebec superior court ruling in March that ordered a Radio Canada journalist to reveal confidential sources the journalist used involving a former deputy premier of the province. On November 30, the Supreme Court reaffirmed its prior rulings that the government may compel media organizations to produce evidence in relation to criminal investigations. In its decision the court declined to address whether the press enjoys distinct and independent constitutional protection, noting the matter was not considered by the lower courts. The court also noted that the 2017 Journalistic Sources Protection Act did not apply, because the case arose before the law took effect.

The trial of a Mississauga, Ontario, man charged in 2017 with one count of willful promotion of hatred for posting abusive videos and materials against Muslims and other groups on his website and other social media platforms remained pending as of October 1.

In December 2017 a Quebec government commission presented its findings after investigating reports that Quebec law enforcement agencies surveilled eight journalists between 2008 and 2016 as part of internal police investigations into sources of leaked information in a political corruption case. Although the police had a warrant from a Quebec court for each case, testimony suggested police might have based warrant applications on unsubstantiated allegations. The commission found no conclusive proof of political interference with police investigations but recommended legislation to establish a legal firewall between police and politicians and to protect journalistic sources, as well as improve police training to ensure freedom of the press.

INTERNET FREEDOM

The government did not restrict or disrupt access to the internet or censor online content, and there were no credible reports that the government monitored private online communications without appropriate legal authority.

Approximately 99 percent of households could access broadband services. According to International Telecommunication Union data, 93 percent of the population used the internet in 2017.

ACADEMIC FREEDOM AND CULTURAL EVENTS

There were no government restrictions on academic freedom or cultural events.

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

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

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.

Durable Solutions: The government accepted refugees for resettlement from third countries and facilitated local integration (including naturalization), particularly of refugees in protracted situations. The government assisted the safe, voluntary return of refugees to their homes.

Temporary Protection: The government also provided temporary protection (in the form of temporary residence permits) to persons who may not qualify as refugees.

a. Freedom of Speech and Press

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

Freedom of Expression: The law prohibits any public speech or the dissemination of statements or other pronouncements that threaten, deride, or degrade a group because of gender, race, skin color, national or ethnic background, religion, or sexual orientation. Authorities may fine offenders or imprison them for up to two years.

INTERNET FREEDOM

The government did not restrict or disrupt access to the internet or censor online content, and there were no credible reports that the government monitored online communications without appropriate legal authority.

According to 2017 statistics compiled by the International Telecommunication Union, 97 percent of the population in Denmark and 95 percent in the Faroe Islands were internet users; statistics on Greenland were not available.

ACADEMIC FREEDOM AND CULTURAL EVENTS

There were no government restrictions on academic freedom or cultural events.

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

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

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

The government did not participate with the Office of the UN High Commissioner for Refugees in its program to resettle refugees. In 2017 parliament determined that the Minister of Immigration and Integration has the authority to determine how many refugees the country will accept.

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 employs the EU’s Dublin III regulation, which permits authorities to turn back or deport individuals who attempt to enter the country through a “safe country of transit” or are registered in another Dublin regulation state.

Temporary Protection: Through the end of May, the government provided temporary protection to 151 persons who may not qualify as refugees. The figure was 789 persons for all of 2017.

a. Freedom of Speech and Press

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

Freedom of Expression: While individuals could criticize the government publicly or privately without reprisal, there were some limitations on freedom of speech. Strict antidefamation laws prohibit racially or religiously motivated verbal and physical abuse. Written or oral speech that incites racial or ethnic hatred and denies the Holocaust or crimes against humanity is illegal. Authorities may deport a noncitizen for publicly using “hate speech” or speech constituting a threat of terrorism.

UN Special Rapporteur Fionnuala Ni Aoilain expressed concern that counterterrorism legislation passed in October 2017 restricted freedom of religion, movement, and expression. After a week-long visit in May, Ni Aoilain stated “the scope of these measures constitutes a de facto state of qualified emergency” in ordinary law.

Press and Media Freedom: While independent media were active and generally expressed a wide variety of views without restriction, print and broadcast media, books, and online newspapers and journals were subject to the same antidefamation and hate speech laws that limited freedom of expression.

The law provides protection to journalists, who may be compelled to reveal sources only in cases where serious crimes occurred and access to a journalist’s sources was required to complete an official investigation.

INTERNET FREEDOM

The government did not restrict or disrupt access to the internet or censor online content, and there were no credible reports that the government monitored private online communications without appropriate legal oversight. According to International Telecommunication Union statistics, 85 percent of the population used the internet during the year.

Under the law intelligence services have the power to monitor suspected threats to public order and detect future terrorists. The law also provides a legal framework for the intelligence services’ activities. Laws against hate speech apply to the internet.

On May 30, the National Commission on Informatics and Liberties (CNIL), the government’s data protection authority, released its annual report. The report showed a significant increase in the number of requests made to authorities to remove online terrorist and child-pornography-related content. The report, which covered the period between March 2017 and February 2018, also stated the Central Office for the Fight against Crime Related to Information and Communication Technology (OCLCTIC) issued 35,110 withdrawal requests, an increase of 1,270 percent from the previous year. Of these, 93 percent concerned terrorist content and 7 percent child pornography. CNIL underscored that the significant increase in withdrawal requests did not necessarily indicate more offensive material posted online, but rather that a large number of newly hired investigators at OCLCTIC allowed the unit to identify and report more content.

On October 10, parliament adopted a bill cracking down on “fake news,” allowing courts to rule whether reports published during election periods are credible or should be taken down. The law allows election candidates to sue for the removal of contested news reports during election periods and to force platforms such as Facebook and Twitter to disclose the source of funding for sponsored content.

ACADEMIC FREEDOM AND CULTURAL EVENTS

There were no government restrictions on academic freedom or cultural events.

The constitution and law provide for the freedoms of peaceful assembly and association, subject to certain security conditions, and the government generally respected these rights.

FREEDOM OF PEACEFUL ASSEMBLY

In February Amnesty International released a report claiming “prefects (representatives of the French state at local level; the most senior central government officials) continued to resort to emergency measures to restrict the right to freedom of peaceful assembly. In particular they adopted dozens of measures restricting the freedom of movement of individuals to prevent them from attending public assemblies. Authorities imposed these measures on vague grounds and against individuals with no apparent connection to any terrorism-related offense.”

FREEDOM OF ASSOCIATION

The constitution and law provide for the freedom of association, and the government generally respected this right.

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

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

On June 19, the National Consultative Commission for Human Rights (CNCDH), an independent government agency, stated it was “deeply shocked” by the treatment of migrants in the “border areas…where the Republic (France) violates fundamental rights.” For example, the border police station in Col de Montgenevre had a facility for sheltering migrants overnight that had no running water or camp beds and whose outdoor latrines were submerged under three feet of snow at the time of the CNCDH visit. The commander stated he fed the migrants from the stocks on hand but had no funds allocated to feed them.

In-country Movement: The law requires persons engaged in itinerant activities with a fixed domicile to obtain a license that is renewable every four years. Itinerant persons without a fixed abode must possess travel documents.

PROTECTION OF REFUGEES

Refoulement: The government usually provided protection against the expulsion or return of persons to countries where they would be likely to face persecution or torture. On January 8, then interior minister Gerard Collomb announced the government had deported 26,000 persons in 2017, a 17 percent increase over 2016. Authorities returned approximately 2,330 persons to the EU-member state through which they first entered the EU, in line with the Dublin Regulation. This included some who were returned to Greece, where the European Court of Human Rights found that persons could be subject to persecution. The human rights group La Cimade criticized the government’s strict implementation of deportation laws, including detaining persons prior to ordered expulsion and during the initial asylum claims process.

Access to Asylum: The country’s laws provide for the granting of asylum or refugee status, and the government has a system for providing protection to refugees. The system was active and accessible to those seeking protection. The Office for the Protection of Refugees and Stateless Refugees (OFPRA) provided asylum application forms in 24 languages, including English, Albanian, Russian, Serbo-Croatian, Turkish, Tamil, and Arabic. Applicants, however, must complete them in French, generally without government-funded language assistance.

On August 1, parliament adopted an asylum and immigration bill intended to reduce the average time for processing asylum applications to six months and shortens from 120 to 90 days the period asylum seekers have to make an application. It also includes measures to facilitate the removal of aliens in detention, extends from 45 to 90 days the maximum duration of administrative detention, and from 16 to 24 hours the duration of administrative detention to verify an individual’s right to stay. The new law extends the duration of residence permits for subsidiary and stateless refugees from one year to four years and enables foreigners who have not been able to register for asylum to access shelter. It includes measures to strengthen the protection of girls and young men exposed to the risk of sexual mutilation, states that a country persecuting LGBTI persons cannot be considered “safe,” and adopts protective provisions on the right to remain for victims of domestic violence.

On July 6, the Constitutional Council, the country’s highest court, ruled that providing humanitarian assistance to undocumented migrants on the country’s territory was not a crime. The case against the government was brought by Cedric Herrou, an activist farmer who was sentenced for providing assistance to migrants in 2017. The court stated that the freedom to help for humanitarian reasons should apply to “all assistance provided with a humanitarian aim.” On July 6, then interior minister Collomb issued a statement that the court’s decision was in line with the government’s efforts to exempt from prosecution individuals who only provide humanitarian assistance to migrants.

Asylum applications rose by 17 percent in 2017 to 100,412, according to provisional data released on January 8 by OFPRA, with 36 percent of applicants approved for asylum or refugee status. OFPRA stated that priority attention was given to female victims of violence, persons persecuted on the basis of their sexual orientation, victims of human trafficking, unaccompanied minors, and victims of torture, particularly in the context of asylum seekers from Libya.

Safe Country of Origin/Transit: The government considered 16 countries to be “safe countries of origin” for purposes of asylum. A “safe country” is one that provides for compliance with the principles of liberty, democracy, rule of law, and fundamental human rights. This policy reduced the chances of an asylum seeker from one of these countries obtaining asylum but did not prevent it. While individuals originating in a safe country of origin may apply for asylum, they may receive only a special form of temporary residence status that allows them to remain in the country. Authorities examined asylum requests through an emergency procedure that may not exceed 15 days. Countries considered “safe” included Albania, Armenia, Benin, Bosnia and Herzegovina, Cabo Verde, Georgia, Ghana, India, Macedonia, Mauritius, Moldova, Mongolia, Montenegro, Senegal, Serbia, and Kosovo.

Freedom of Movement: Authorities maintained administrative holding centers for foreigners who could not be deported immediately. Authorities could hold undocumented migrants in these facilities for a maximum of 90 days. There were 26 holding centers on the mainland and three in the overseas territories with a total capacity of 1,970 persons.

On July 3, five refugee/migrant assistance associations (Association Service Social Familial Migrants, Forum-Refugies-Cosi, France Terre d’Asile, Cimade, and Ordre de Malte) released a joint annual report that estimated 47,000 undocumented migrants were placed in administrative holding centers in 2017, representing a slight increase from 45,937 in 2016.

According to an annual report published on July 3 by six domestic NGOs, government detention of migrant children on the country’s mainland territory increased by 70 percent in 2017, compared with 2016. The report noted, however, that the duration of detentions was often short. Since the law prohibits the separation of children from their parents, they were detained together. Civil society organizations criticized the provision of the new asylum and immigration bill adopted during the year that doubles the maximum detention time for foreigners subject to deportation to up to 90 days.

On May 30, for the 35th time since mid-2015, authorities dismantled a large migrant tent camp in Paris. The government forcibly resettled evacuees–937 men and 87 women and children, all of whom, according to press reports, originated in Sudan, Somalia, and Eritrea–in gymnasiums and other public facilities in Paris and the surrounding region while they waited for the government to register and review their eligibility for asylum. Two large tent camps remained in Paris–one reportedly holding about 800 persons (mainly from Afghanistan) and the other holding 300-400 individuals.

According to a report published on June 27 by Cimade, a domestic NGO that provides advice and legal support to migrants, refugees, and asylum seekers, the number of migrants refused entry at the country’s border rose to 85,408 in 2017, a 34 percent increase from 2016 (63,845).

Durable Solutions: The government has provisions to manage a range of solutions for integration, resettlement, and return of migrants and unsuccessful asylum seekers. The government accepted refugees for resettlement from other countries and facilitated local integration and naturalization, particularly of refugees in protracted situations. The government assisted in the safe, voluntary return of migrants and unsuccessful asylum seekers to their home countries. In 2017 the government voluntarily repatriated 7,110 undocumented migrants to their countries of origin. On July 25, the Ministry of the Interior announced an increase of financial return aid to foreigners (except those from the EU or visa-exempt countries) from 1,000 euros ($1,150) to 2,500 euros ($2,870).

Temporary Protection: Authorities may grant individuals a one-year renewable permit and can extend the permit for an additional two years. According to OFPRA, the government did not grant temporary protection in 2017.

Refoulement: The government usually provided protection against the expulsion or return of persons to countries where they would be likely to face persecution or torture. On January 8, then interior minister Gerard Collomb announced the government had deported 26,000 persons in 2017, a 17 percent increase over 2016. Authorities returned approximately 2,330 persons to the EU-member state through which they first entered the EU, in line with the Dublin Regulation. This included some who were returned to Greece, where the European Court of Human Rights found that persons could be subject to persecution. The human rights group La Cimade criticized the government’s strict implementation of deportation laws, including detaining persons prior to ordered expulsion and during the initial asylum claims process.

Access to Asylum: The country’s laws provide for the granting of asylum or refugee status, and the government has a system for providing protection to refugees. The system was active and accessible to those seeking protection. The Office for the Protection of Refugees and Stateless Refugees (OFPRA) provided asylum application forms in 24 languages, including English, Albanian, Russian, Serbo-Croatian, Turkish, Tamil, and Arabic. Applicants, however, must complete them in French, generally without government-funded language assistance.

On August 1, parliament adopted an asylum and immigration bill intended to reduce the average time for processing asylum applications to six months and shortens from 120 to 90 days the period asylum seekers have to make an application. It also includes measures to facilitate the removal of aliens in detention, extends from 45 to 90 days the maximum duration of administrative detention, and from 16 to 24 hours the duration of administrative detention to verify an individual’s right to stay. The new law extends the duration of residence permits for subsidiary and stateless refugees from one year to four years and enables foreigners who have not been able to register for asylum to access shelter. It includes measures to strengthen the protection of girls and young men exposed to the risk of sexual mutilation, states that a country persecuting LGBTI persons cannot be considered “safe,” and adopts protective provisions on the right to remain for victims of domestic violence.

On July 6, the Constitutional Council, the country’s highest court, ruled that providing humanitarian assistance to undocumented migrants on the country’s territory was not a crime. The case against the government was brought by Cedric Herrou, an activist farmer who was sentenced for providing assistance to migrants in 2017. The court stated that the freedom to help for humanitarian reasons should apply to “all assistance provided with a humanitarian aim.” On July 6, then interior minister Collomb issued a statement that the court’s decision was in line with the government’s efforts to exempt from prosecution individuals who only provide humanitarian assistance to migrants.

Asylum applications rose by 17 percent in 2017 to 100,412, according to provisional data released on January 8 by OFPRA, with 36 percent of applicants approved for asylum or refugee status. OFPRA stated that priority attention was given to female victims of violence, persons persecuted on the basis of their sexual orientation, victims of human trafficking, unaccompanied minors, and victims of torture, particularly in the context of asylum seekers from Libya.

Safe Country of Origin/Transit: The government considered 16 countries to be “safe countries of origin” for purposes of asylum. A “safe country” is one that provides for compliance with the principles of liberty, democracy, rule of law, and fundamental human rights. This policy reduced the chances of an asylum seeker from one of these countries obtaining asylum but did not prevent it. While individuals originating in a safe country of origin may apply for asylum, they may receive only a special form of temporary residence status that allows them to remain in the country. Authorities examined asylum requests through an emergency procedure that may not exceed 15 days. Countries considered “safe” included Albania, Armenia, Benin, Bosnia and Herzegovina, Cabo Verde, Georgia, Ghana, India, Macedonia, Mauritius, Moldova, Mongolia, Montenegro, Senegal, Serbia, and Kosovo.

Freedom of Movement: Authorities maintained administrative holding centers for foreigners who could not be deported immediately. Authorities could hold undocumented migrants in these facilities for a maximum of 90 days. There were 26 holding centers on the mainland and three in the overseas territories with a total capacity of 1,970 persons.

On July 3, five refugee/migrant assistance associations (Association Service Social Familial Migrants, Forum-Refugies-Cosi, France Terre d’Asile, Cimade, and Ordre de Malte) released a joint annual report that estimated 47,000 undocumented migrants were placed in administrative holding centers in 2017, representing a slight increase from 45,937 in 2016.

According to an annual report published on July 3 by six domestic NGOs, government detention of migrant children on the country’s mainland territory increased by 70 percent in 2017, compared with 2016. The report noted, however, that the duration of detentions was often short. Since the law prohibits the separation of children from their parents, they were detained together. Civil society organizations criticized the provision of the new asylum and immigration bill adopted during the year that doubles the maximum detention time for foreigners subject to deportation to up to 90 days.

On May 30, for the 35th time since mid-2015, authorities dismantled a large migrant tent camp in Paris. The government forcibly resettled evacuees–937 men and 87 women and children, all of whom, according to press reports, originated in Sudan, Somalia, and Eritrea–in gymnasiums and other public facilities in Paris and the surrounding region while they waited for the government to register and review their eligibility for asylum. Two large tent camps remained in Paris–one reportedly holding about 800 persons (mainly from Afghanistan) and the other holding 300-400 individuals.

According to a report published on June 27 by Cimade, a domestic NGO that provides advice and legal support to migrants, refugees, and asylum seekers, the number of migrants refused entry at the country’s border rose to 85,408 in 2017, a 34 percent increase from 2016 (63,845).

Durable Solutions: The government has provisions to manage a range of solutions for integration, resettlement, and return of migrants and unsuccessful asylum seekers. The government accepted refugees for resettlement from other countries and facilitated local integration and naturalization, particularly of refugees in protracted situations. The government assisted in the safe, voluntary return of migrants and unsuccessful asylum seekers to their home countries. In 2017 the government voluntarily repatriated 7,110 undocumented migrants to their countries of origin. On July 25, the Ministry of the Interior announced an increase of financial return aid to foreigners (except those from the EU or visa-exempt countries) from 1,000 euros ($1,150) to 2,500 euros ($2,870).

Temporary Protection: Authorities may grant individuals a one-year renewable permit and can extend the permit for an additional two years. According to OFPRA, the government did not grant temporary protection in 2017.

STATELESS PERSONS

OFPRA reported there were 1,370 stateless persons in the country at the end of 2016. It attributed statelessness to various factors, including contradictions among differing national laws, government stripping of nationality, and lack of birth registration. As the agency responsible for the implementation of international conventions on refugees and stateless persons, OFPRA provided benefits to stateless persons. OFPRA’s annual report stated that it granted stateless status to 179 persons in 2017. The government provided a one-year residence permit marked “private and family life” to persons deemed stateless that allowed them to work. After two permit renewals, stateless persons could apply for and obtain a 10-year residence permit.

The law affords persons the opportunity to gain citizenship. A person may qualify to acquire citizenship if: either of the person’s parents is a citizen; the person was legally adopted by a citizen; the person was born in the country to stateless parents or to parents whose nationality does not transfer to the child; or the person marries a citizen. A person who has reached the legal age of majority (18) may apply for citizenship through naturalization after five years of habitual residence in the country. Applicants for citizenship must have good knowledge of both the French language and civics.