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Cambodia

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.

Exile: Opposition leader Sam Rainsy remained in France under self-imposed exile. The government issued a warrant for his arrest in November 2015 on charges of defamation while he was outside of the country, and he had not returned at years’ end.

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 government failed to grant equal access to that system for all asylum seekers. In particular authorities routinely denied access by Montagnard asylum seekers from Vietnam to the refugee registration process. The national asylum system had limited capacity, which resulted in long delays for some asylum seekers. In April 2015 the government deployed more than 1,000 soldiers to the Vietnamese border at Ratanakiri-Dak Lak to prevent more than 100 Christian Montagnard asylum seekers from entering the country. In May the Office of the United Nations High Commissioner for Refugees (UNHCR) transferred a group of 13 Montagnards to the Philippines Refugee Processing Center and sought a third country for their resettlement. A group of 16 additional asylum seekers returned voluntarily to their home country in July after failing to secure refugee status in Phnom Penh.

Refoulement: Stating that they were “economic migrants,” the government returned at least 50 Montagnard asylum seekers to Vietnam in 2015 without conducting refugee status determinations. According to UNHCR more than 170 Montagnards remained in Phnom Penh and wished to register as asylum seekers, but the Ministry of Interior’s Refugee Department refused to allow them to do so. In October the ministry announced it had not granted asylum to a majority of the remaining Montagnards following extensive interviews, stating, “Their answers do not comply with the convention on refugees.” Local media initially reported the ministry provided them two weeks’ notice to leave the country or face arrest and immediate deportation to Vietnam; however, the ministry later retracted that timeline.

Employment: According to an NGO, documentation granted by the government was insufficient to allow 85 persons granted refugee status in 2015 to work, open a bank account, or use public services.

Durable Solutions: Pursuant to a 2014 deal with Australia, the government accepted for domestic resettlement five refugees previously held on Nauru. After the arrival of a lone Rohingya refugee, a group of four followed. Local media reported authorities confined the four to a villa provided by the government and were not, contrary to assurances, allowed to seek their own housing or integrate into society. The four refugees subsequently returned to their country of origin, including an Iranian married couple who returned to Iran in March. The Rohingya refugee reportedly remained in the country. No effective pathway to citizenship existed for refugees.

STATELESS PERSONS

The country had habitual residents who were de facto stateless, and the government did not effectively implement laws or policies to provide such persons the opportunity to gain nationality (see section 6, Children).

A 2007 study commissioned by UNHCR estimated that several thousand potentially stateless persons lived in the country. This estimate was based on anecdotal evidence, and local UNHCR representatives did not consider the figure conclusive. The most common reason for statelessness was lack of proper documents from the country of origin.

UNHCR reported that the country’s stateless population was primarily ethnic Vietnamese. According to an NGO, individuals without proof of nationality often did not have access to formal employment, education, marriage registration, the courts, or the right to own land.

Cameroon

Section 2. Respect for Civil Liberties, Including:

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

Although the constitution and law provide for freedom of internal movement, foreign travel, emigration, and repatriation, these rights sometimes were impeded. 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 (IDPs), refugees, asylum seekers, stateless persons, and other persons of concern.

In-country Movement: Police and gendarmes at roadblocks and checkpoints in cities and on most highways often extorted bribes and harassed travelers. Male refugees in Gado, for example, reported they were often required to pay between 2,000 and 4,000 CFA francs ($3.40-$6.80) when they traveled to Meiganga, even when they carried UNHCR-issued identification cards. Police frequently stopped travelers to check identification documents, vehicle registrations, and tax receipts as security and immigration control measures.

Exile: The law prohibits forced exile, and the government did not use it. Some citizens remained in self-imposed exile because they feared the government.

INTERNALLY DISPLACED PERSONS

Several thousand persons abandoned their homes in some villages on the border with Nigeria and fled to cities in the Far North Region because of frequent attacks by Boko Haram (83 percent of IDPs), while others left their homes as a result of natural disasters (13 percent of IDPs), mainly flooding. The July International Organization for Migration’s (IOM) Displacement Tracking Matrix 4 for the Far North Region indicated the number of IDPs due to the conflict increased from 81,693 to 157,657 between April 2015 and July 2016. The total number of IDPs reported by UNHCR, including populations affected by natural disasters, was estimated at 192,912 as of September 30. Thirty percent of IDPs were children of school age, according to estimates by the UN Children’s Fund (UNICEF). While IDPs were within communities spread across the entire Far North Region, Logone and Chari, with an estimated 91,131 IDPs (40 percent); Mayo Tsanaga with 24,258 (11 percent); and Mayo Sava with 45,386 (20 percent) were the three divisions that hosted most IDPs.

PROTECTION OF REFUGEES

Access to Asylum: The laws provide for the granting of asylum or refugee status, and the government has established a system of providing protection to refugees. UNHCR continued to play an important role in providing documentation and assistance to the refugee population. UNHCR and the government conducted biometric verification and registration of all refugees and asylum seekers in the Adamawa, East, and North Regions. As of September 30, 83,273 individuals, including 43,522 women and 39,751 men, had been registered. The country hosted at least 574,704 persons of concern to UNHCR as of September 30.

Refoulement: Following security measures taken by authorities in the Far North Region to counter Boko Haram, civil society organizations reported cases of forced returns, including individuals of Nigerian descent who spoke Kanuri. According to NGOs, persons speaking Kanuri were considered Boko Haram members or sympathizers and were systematically returned to Nigeria. UNHCR and government sources, however, did not confirm these allegations. Furthermore, 338 Nigerian asylum seekers arrived in early June in Kolofata, where UNHCR processed them for assistance. Cameroonian military authorities, however, unilaterally returned them to Nigeria.

Durable Solutions: The Cameroonian and Nigerian governments agreed in principle with UNHCR on the safe return of refugees who wish to be repatriated. Cameroon signed the agreement but awaited Nigeria’s signature.

Temporary Protection: The government provided temporary protection to individuals who may not qualify as refugees, extending this protection to approximately 100,000 individuals during the year, including third-country nationals who had fled violence in the CAR.

Central African Republic

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, but the government did not always respect this right.

In-country Movement: Armed groups and bandits made in-country movement extremely dangerous. Illegal checkpoints were frequently used by government forces, armed groups, and criminals alike to extort funds. Muslims were often targeted for attacks, including truck drivers.

INTERNALLY DISPLACED PERSONS

Ex-Seleka and anti-Balaka attacks on civilians and fighting between armed groups displaced at least 922,000 persons at the height of the conflict in January 2014. As the security situation improved during the last two years, hundreds of thousands of IDPs returned to their homes. According to an August 2016 UNHCR report, there were more than 385,000 IDPs across the country. Destruction of homes and insecurity were the most widely cited reasons for continued displacement.

Displaced persons in Muslim enclaves continued to be especially vulnerable to violence by armed groups, in particular in Bambari and Batangafo.

The government provided assistance to IDPs and returnees. The government allowed humanitarian organizations to provide services, although security concerns sometimes prevented organizations from operating in areas previously controlled by the Seleka, and targeted attacks on humanitarian operations impeded their ability to access some populations.

On May 14, the president and prime minister visited the M’Poko and Bimbo camps for displaced persons. In June, during her meeting with the minister for social affairs and national reconciliation, the UN independent expert stated priority would be given to relocating the M’Poko camp and to identifying appropriate action to ensure returns are carried out in accordance with international standards. In December the government announced the closure of the IDP camp at M’Poko International Airport and began distributing cash payments to residents willing to leave. As of December 27, 446 IDPs had departed the site.

According to the Association of Women Lawyers of Central Africa (AFJC), sexual and gender-based violence in IDP camps was widespread.

With an improving security situation in the capital, some Muslims returned to Bangui.

There were reports of sexual exploitation of children and the inappropriate use of force in IDP camps by international and MINUSCA peacekeeping forces during the year (see section 1.c.).

PROTECTION OF REFUGEES

Access to Asylum: The laws provide for the granting of asylum or refugee status, and the government has established a system for providing protection to refugees. The Subcommission on Eligibility, however, had not held sessions since 2009, which contributed to a growing backlog of asylum applications.

Chad

Section 2. Respect for Civil Liberties, Including:

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

Although the constitution and law provide for freedom of movement, foreign travel, emigration, and repatriation, the government imposed limits on 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, and other persons of concern.

Abuse of Migrants, Refugees, and Stateless Persons: There were reports of rape, attempted rape, and sexual and gender-based violence in refugee camps. The perpetrators were either fellow refugees or unknown individuals living near the camps. Authorities only occasionally prosecuted perpetrators of sexual violence. The judicial system did not provide consistent and predictable recourse or legal protection, and traditional legal systems were subject to ethnic variations. To fill the void, UNHCR enlisted the support of a local NGO to support the cases of refugees through the judicial process. The DPHR was unable to provide humanitarian escorts consistently due to lack of resources but was generally effective in providing protection inside refugee camps.

Due to absence of rebel activity and implementation of education campaigns in camps, there were no reports of recruitment of refugees in refugee camps, including by Central African Republic (CAR) militias.

In-country Movement: Lack of security in the east, primarily due to armed banditry, occasionally hindered the ability of humanitarian organizations to provide services to refugees. In the Lake Chad area, attacks by Boko Haram and concurrent government military operations constrained the ability of humanitarian organizations to provide assistance to IDPs. Armed criminals carjacked a UN vehicle in May, in Ati, and an NGO vehicle in June, near Mongo.

Emigration and Repatriation: Beginning in 2013 approximately 100,000 persons with claims to Chadian nationality fled violence in the CAR and (returned) to Chad. Most had not resided in the country and had no clear ties to their families’ areas of origin. Approximately 45,000 returnees remained in camps at year’s end and were assisted by humanitarian organizations and the government. The government, with UNHCR support, issued nearly 8,000 birth certificates to returnee children during the calendar year.

INTERNALLY DISPLACED PERSONS

Throughout 2015 and during the year, Chadians residing near the convergent borders of Lake Chad fled occasional Boko Haram attacks and counterattacks by the government. By October the United Nations estimated 76,225 citizens had been displaced in the Lake Chad area since May 2015. Humanitarian access to IDPs improved significantly during the year, and the government actively supported humanitarian operations by international agencies, including legal protection and efforts promoting local integration.

PROTECTION OF REFUGEES

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

In 2013 the government adopted the National Birth Registry Code, which provides for birth certificates for children born to refugees and requires the registration of all births and deaths of foreign persons in the country (see section 6). The government routinely issued birth certificates to refugee children during the year.

Approximately 307,000 Sudanese refugees from Darfur remained in the country, including a small number of refugees fleeing fighting during the year; most were located in 13 camps along the eastern border with Sudan. An estimated 73,000 refugees from the CAR lived primarily in five camps in the south.

Access to Basic Services: Although local communities hosted tens of thousands of newly arrived refugees, antirefugee sentiment existed due to competition for local resources, such as wood, water, and grazing land. Refugees also received goods and services not available to the local population, and refugee children at times had better access to education and health services than those in the surrounding local populations. Many humanitarian organizations included host communities in their programming to mitigate this tension.

Durable Solutions: The government pledged to extend citizenship to tens of thousands of returnees, most of whom had resided in the CAR since birth, although only 3 percent of Chadian returnees from the CAR held Chadian nationality documents by year’s end. The government allowed referral for resettlement in foreign countries of refugees from the CAR and Sudan.

China (includes Tibet, Hong Kong, and 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, but the government at times did not respect these rights.

While seriously restricting its scope of operations, the government occasionally cooperated with the Office of the UN High Commissioner for Refugees (UNHCR), which maintained an office in Beijing, to provide protection and assistance to select categories of refugees, asylum seekers, and other persons of concern.

The government increasingly silenced activists by denying them permission to travel, both internationally and domestically, or keeping them under unofficial house arrest.

Abuse of Migrants, Refugees, and Stateless Persons: There were reports that North Korean agents operated clandestinely within the country to forcibly repatriate North Korean citizens. According to press reports, some North Koreans detained by Chinese authorities faced repatriation unless they could pay bribes to secure their release.

In-country Movement: Authorities heightened restrictions on freedom of movement, particularly to curtail the movement of individuals deemed politically sensitive before key anniversaries, visits by foreign dignitaries, or major political events, as well as to forestall demonstrations. Freedom of movement for Tibetans continued to be very limited in the TAR and other Tibetan areas. Public security officers maintained checkpoints in most counties and on roads leading into many towns as well as within major cities, such as Lhasa. Restrictions were not applied to Han Chinese migrants or tourists in Tibetan areas.

Although the government maintained restrictions on the freedom to change one’s workplace or residence, the national household registration system (hukou) continued to change, and the ability of most citizens to move within the country to work and live continued to expand. Rural residents continued to migrate to the cities, where the per capita disposable income was approximately three times the rural per capita income, but many could not change their official residence or workplace within the country. Most cities had annual quotas for the number of new temporary residence permits that could be issued, and all workers, including university graduates, had to compete for a limited number of such permits. It was particularly difficult for rural residents to obtain household registration in more economically developed urban areas.

A 2014 State Council legal opinion removed restrictions on rural migrants seeking household registration in small and mid-sized towns and cities. The regulations base household registrations on place of residence and employment instead of place of birth. The opinion exempts cities with large populations.

The household registration system added to the difficulties faced by rural residents, even after they relocated to urban areas and found employment. According to the Statistical Communique of the People’s Republic of China on 2015 National Economic and Social Development published by the Ministry of Human Resources and Social Security, 294 million persons lived outside the jurisdiction of their household registration. Of that number, 247 million individuals worked outside their home district. Many migrant workers and their families faced numerous obstacles with regard to working conditions and labor rights. Many were unable to access public services, such as public education for their children or social insurance, in the cities where they lived and worked because they were not legally registered urban residents. Poor treatment and difficulty integrating into local communities contributed to increased unrest among migrant workers in the Pearl River Delta. Migrant workers had little recourse when abused by employers and officials. Some major cities maintained programs to provide migrant workers and their children access to public education and other social services free of charge, but migrants in some locations reported difficulty in obtaining these benefits due to onerous bureaucratic processes.

Under the “staying at prison employment” system applicable to recidivists incarcerated in administrative detention, authorities denied certain persons permission to return to their homes after serving their sentences. Some released or paroled prisoners returned home but did not have freedom of movement.

Foreign Travel: The government permitted legal emigration and foreign travel for most citizens. Government employees and retirees, especially from the military, continued to face foreign travel restrictions. The government expanded the use of exit controls for departing passengers at airports and other border crossings to deny foreign travel to some dissidents and persons employed in government posts. Throughout the year many lawyers, artists, authors, and other activists were at times prevented from exiting the country. Authorities also blocked travel of some family members of rights activists.

Border officials and police cited threats to “national security” as the reason for refusing permission to leave the country. Authorities stopped most such persons at the airport at the time of their attempted travel. In January authorities detained journalist Jia Jia at the Beijing airport as he attempted to board a flight to Hong Kong. They held him for nearly two weeks with no charges and interrogated him about an open letter published online calling for Xi Jinping to resign.

Most citizens could obtain passports, although individuals the government deemed potential political threats, including religious leaders, political dissidents, petitioners, and ethnic minorities, routinely reported being refused passports or otherwise prevented from traveling overseas. The passport of former political prisoner and Falun Gong practitioner Wang Zhiwen was physically cancelled at a border checkpoint as he attempted to leave the country.

Uighurs, particularly those residing in the XUAR, reported great difficulty in getting passport applications approved at the local level. They were frequently denied passports to travel abroad, particularly to Saudi Arabia for the Hajj, to other Muslim countries, or to Western countries for academic purposes. Since October authorities ordered residents in some areas of the XUAR to turn in their passports or told residents no new passports were available. The passport recall, however, was not limited to Uighur areas. Family members of Uighur activists living overseas were also denied visas to enter the country.

Uighurs in the XUAR also faced restrictions on movement within the XUAR itself. Although the use of “domestic passports” that called for local official approval before traveling to another area was discontinued in May, identification checks remained in place when entering cities and on public roads. Reuters reported that authorities required applicants for travel documents to provide extra information prior to the month of Ramadan. For example, residents in the Ili Kazakh Autonomous Prefecture in the XUAR had to provide DNA samples, fingerprints, and voice recordings in order to apply for travel documents, according a local government newspaper in June.

In the TAR and Tibetan areas of Qinghai, Gansu, Yunnan, and Sichuan Provinces, Tibetans, especially Buddhist monks and nuns, experienced great difficulty acquiring passports. The unwillingness of Chinese authorities in Tibetan areas to issue or renew passports for Tibetans created, in effect, a ban on foreign travel for a large segment of the Tibetan population. Han Chinese residents of Tibetan areas did not experience the same difficulties.

Exile: The law neither provides for a citizen’s right to repatriate nor addresses exile. The government continued to refuse re-entry to numerous citizens considered dissidents, Falun Gong activists, or “troublemakers.” Although authorities allowed some dissidents living abroad to return, dissidents released on medical parole and allowed to leave the country often were effectively exiled.

Emigration and Repatriation: The government continued to try to prevent many Tibetans and Uighurs from leaving the country and detained many who were apprehended while attempting to leave (see Tibet Annex). Some family members of rights activists who tried to emigrate were unable to do so.

PROTECTION OF REFUGEES

Access to Asylum: The law does not provide for the granting of refugee or asylee status. The government did not have a system for providing protection to refugees but allowed UNHCR to assist the relatively small number of non-North Korean and non-Burmese refugees. The government did not officially recognize these individuals as refugees; they remained in the country as illegal immigrants unable to work, with no access to education, and subject to deportation at any time.

Authorities continued to repatriate North Korean refugees forcibly, including trafficking victims, generally treating them as illegal economic migrants. The government detained and deported such refugees to North Korea, where they faced severe punishment or death, including in North Korean forced-labor camps. The government did not provide North Korean trafficking victims with legal alternatives to repatriation. The government continued to prevent UNHCR from having access to North Korean or Burmese refugees. Authorities sometimes detained and prosecuted citizens who assisted North Korean refugees as well as those who facilitated illegal border crossings.

In some instances the government pressured neighboring countries to return asylum seekers or UNHCR-recognized refugees to China. At year’s end India was reportedly preparing to return to China two Uighur asylum seekers who had been convicted of crimes in India.

Refoulement: The government did not provide protection against the expulsion or forcible return of vulnerable refugees and asylum seekers, especially North Korean refugees. The government continued to consider North Koreans as “illegal economic migrants” rather than refugees or asylum seekers and forcibly returned many of them to North Korea. The government continued to deny UNHCR permission to operate outside of Beijing.

Access to Basic Services: North Korean asylum seekers and North Koreans in the country seeking economic opportunities generally did not have access to health care, public education, or other social services due to lack of legal status. International media reported that as many as 30,000 children born to North Korean women in China, most of whom were married to Chinese spouses, were denied access to public services, including education and health care, despite provisions in the law that provide citizenship to children with at least one PRC citizen parent.

Durable Solutions: The government largely cooperated with UNHCR when dealing with the resettlement in China of Han Chinese or ethnic minorities from Vietnam and Laos living in the country since the Vietnam War era. The government and UNHCR continued discussions concerning the granting of citizenship to these long-term residents and their children, many of whom were born in China. The government worked with UNHCR in granting exit permission for a small number of non-Burmese and non-North Korean refugees to resettle to third countries.

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

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 prominent exceptions.

Under the “one country, two systems” framework, the SAR continued to administer its own immigration and entry policies and make determinations regarding claims under the UN Convention against Torture (CAT) independently. Hong Kong is not a signatory to the 1951 UN Refugee Convention or the 1969 Protocol. As such, the SAR only accepts asylum claims on the basis of torture in a claimant’s home country. The most recently available government statistics indicated that there were over 11,000 nonrefoulement claims, including those based on claims under the CAT, pending Immigration Department processing. Applicants and activists continued to complain about the slow processing of claims and limited government subsidies available to applicants. Activists and refugee rights groups also voiced concerns about the very low rate of approved claims (0.6 percent for a recent 15 month period), suggesting the government’s bar for approving claims of torture was far higher than other developed jurisdictions.

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

There continued to be claims that the Immigration Department refused entry to a small number of persons traveling to the SAR for political reasons that did not appear to contravene the law. The Immigration Department, as a matter of policy, declined to comment on individual cases. Activists, some legislators, and other observers contended that the refusals, usually of persons holding views critical of the central government, were made at the behest of PRC authorities. The Security Bureau maintained that the Immigration Department exchanged information with other immigration authorities, including on the mainland, but made its decisions independently.

Foreign Travel: Most residents easily obtained travel documents from the SAR government; however, central government authorities did not permit some human rights activists, student protesters, and prodemocracy legislators to visit mainland China. Some of the students who participated in the protest movement in the fall of 2014 alleged the central government security agencies surveilled the protests and blacklisted them.

The central government took steps to restrict the foreign travel of prominent prodemocracy leaders, according to civil society representatives. In October, Thai immigration authorities blocked democracy activist Joshua Wong from entering the country to speak at Bangkok’s Chulalongkorn University and detained him at the airport for 12 hours without explanation. Wong was to attend an event to commemorate the 40th anniversary of a massacre on the campus of Bangkok’s Thammaset University. Upon his return to Hong Kong, Wong told the press he believed Thai authorities were responding to pressure from the central government. A senior immigration official told a Thai newspaper that Wong was denied entry in response to a request from the PRC government. The Thai organizer who invited Wong to speak at the university also said Thai police had informed him that they had received a letter about Wong from PRC authorities.

Emigration and Repatriation: Government policy was to repatriate undocumented migrants who arrived from mainland China, and authorities did not consider them for refugee status.

The government did not recognize the Taiwan passport as valid for visa endorsement purposes, although convenient mechanisms existed for Taiwan passport holders to visit. As of 2013 most Taiwan visitors have been able to register online and stay for one month if they hold a mainland travel permit.

PROTECTION OF REFUGEES

Access to Asylum: The SAR has a policy of not granting asylum or refugee status and has no temporary protection policy. The government’s practice was to refer refugee and asylum claimants to a lawyer or to UNHCR. Persons wishing to file a claim cannot do so while they have legally entered the SAR, and must instead wait until they have overstayed the terms of their entry before they can file such a claim.

Refoulement: The government’s Unified Screening Mechanism, introduced last year, consolidated the processing of claims based on risk of return to persecution, torture, or cruel, inhuman, or degrading treatment or punishment. Claimants continued to receive publicly funded legal assistance, including translation services, as well as small living subsidies. The children of refugee claimants can usually attend Hong Kong’s public schools, if the Director of Immigration deems adjudication of a claim will take several months. The number of substantiated cases of torture and nonrefoulement is less than one percent of the total determinations made since 2009. According to the HKSAR Immigration Department, between the commencement of the enhanced administrative mechanism in late 2009 and September 2016, determinations were made in 10,172 torture/nonrefoulement claims, among which only 65 were substantiated.

Employment: The government defines CAT claimants and asylum seekers as illegal immigrants or “overstayers” in the SAR, and as such they have no legal right to work in the SAR while claims are under review. Those granted either refugee status by UNHCR or relief from removal under the CAT could work only with approval from the director of immigration. They were also ineligible for training by either the Employees Retraining Board or the Vocational Training Council.

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 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.

The Internal Security Law grants police the authority to deport or deny entry to nonresidents whom they regard under the law as unwelcome, as a threat to internal security and stability, or as possibly implicated in transnational crimes.

PROTECTION OF REFUGEES

Access to Asylum: The law provides for the granting of asylum or refugee status under the UN Convention Against Torture, 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. The head of the SAR’s Refugee Commission made clear that resource shortages and other priorities meant resolution of the cases would likely take several years.

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.

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

Section 2. Respect for Civil Liberties, Including:

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

Chinese law provides for freedom of internal movement, foreign travel, emigration, and repatriation; however, the government severely restricted travel and freedom of movement for Tibetans, particularly Tibetan Buddhist monks and nuns.

In-country Movement: Freedom of movement for all Tibetans, but particularly for monks and nuns, remained severely restricted throughout the TAR, as well as in other Tibetan areas. The PAP and local public security bureaus set up roadblocks and checkpoints on major roads, in cities, and on the outskirts of cities and monasteries, particularly around sensitive dates. Tibetans traveling in monastic attire were subject to extra scrutiny by police at roadside checkpoints and at airports.

Authorities sometimes banned Tibetans, particularly monks and nuns, from going outside the TAR and from traveling to the TAR without first obtaining special permission from multiple government offices. Many Tibetans reported encountering difficulties in obtaining the required permissions. This not only made it difficult for Tibetans to make pilgrimages to sacred religious sites in the TAR, but also obstructed land-based travel to India through Nepal. Tibetans from outside the TAR who traveled to Lhasa also reported that authorities there required them to surrender their national identification cards and notify authorities of their plans in detail on a daily basis. These requirements were not applied to ethnic Chinese visitors to the TAR.

Even outside the TAR, many Tibetan monks and nuns reported that it remained difficult to travel beyond their home monasteries for religious and traditional Tibetan education, with officials frequently denying permission for visiting monks to stay at a monastery for religious education. Implementation of this restriction was especially rigorous in the TAR, and it undermined the traditional Tibetan Buddhist practice of seeking advanced teachings from a select number of senior teachers based at major monasteries scattered across the Tibetan Plateau.

Foreign Travel: Many Tibetans continued to report difficulties in obtaining new or renewing existing passports. Sources reported that Tibetans and other minorities had to provide far more extensive documentation than other Chinese citizens when applying for a Chinese passport. In the TAR, a scholar needs to get about seven stamps with signatures from various government offices to apply for a passport, in addition to other standard required documentation. For Tibetans, the passport application process could take years and frequently ended in rejection. Some Tibetans reported they were able to obtain passports only after paying substantial bribes. Tibetans continued to encounter substantial difficulties and obstacles in traveling to India for religious, educational, and other purposes. Individuals also reported instances of local authorities revoking their passports after they had returned to China.

In November Chinese officials in the Tibetan Regions of Kham and Amdo under the administration of Qinghai, Sichuan, and Gansu Provinces visited the homes of Tibetan passport holders and confiscated their documents, according to an RFA report. Officials claimed the passports were collected in order to affix new seals on them, but Tibetans suspected the timing was intended to make it impossible for them to attend an important religious ceremony known as the Kalachakra, which the Dalai Lama planned to conduct in India in January 2017. Additional reports in December indicated that travel agencies in China were told explicitly by local authorities to cancel trips to India and Nepal during this same period. The apparent travel ban also reportedly extended to ethnic Chinese travelers. Tibetans who had traveled to Nepal and planned to continue on to India reported that Chinese officials visited their homes in Tibet and threatened their relatives if they did not return immediately. Sources reported that explicit punishments included placing family members on a blacklist, which could lead to the loss of a government job or difficulty in finding employment; expulsion of children from the public education system; and revocation of national identification cards, thereby preventing access to other social services, such as health care and government aid.

Tight border controls sharply limited the number of persons crossing the border into Nepal and India. In 2015, 89 Tibetan refugees transited Nepal through the Tibetan Reception Center, run by the Office of the UN High Commissioner for Refugees in Kathmandu, en route to permanent settlement in India. This compared with 80 in 2014, down from 171 in 2013 and 242 in 2012.

The government restricted the movement of Tibetans in the period before and during sensitive anniversaries and events and increased controls over border areas at these times. In February there were reports that travel agents in Chengdu were forbidden to sell package overseas tours to Tibetans for the months of March and July, the periods of time around Tibet Uprising Day (March 10) and the Dalai Lama’s birthday (July 6).

The government regulated travel by foreigners to the TAR, a restriction not applied to any other provincial-level entity in the PRC. In accordance with a 1989 regulation, foreign visitors had to first obtain an official confirmation letter issued by the TAR government before entering the TAR. Most tourists obtained such letters by booking tours through officially registered travel agencies. In the TAR, a government-designated tour guide had to accompany foreign tourists at all times. It was rare for foreigners to obtain permission to enter the TAR by road. In what has become an annual practice, authorities banned many foreign tourists from the TAR in the period before and during the March anniversary of the 1959 Tibetan uprising. Foreign tourists sometimes also faced restrictions traveling to Tibetan areas outside the TAR.

The decline in the number of foreign tourists to the TAR was more than offset by an increase in domestic ethnic Chinese visitors to the TAR. Unlike foreign tourists, Chinese tourists did not need special permits to visit the TAR.

Officials continued to tightly restrict the access of foreign diplomats and journalists to the TAR. Foreign officials were able to travel to the TAR only with the permission of the TAR Foreign Affairs Office, and even then only on closely chaperoned trips arranged by that office. With the exception of a few highly controlled trips, authorities repeatedly denied requests for international journalists to visit the TAR and other Tibetan areas (see section on Freedom of Speech and Press).

In September The Washington Post reported that “the Tibet Autonomous Region, as China calls central Tibet, is harder to visit as a journalist than North Korea. There were only a handful of government tours organized for journalists in the past decade, all closely controlled.”

Cote d’Ivoire

Section 2. Respect for Civil Liberties, Including:

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

The constitution and law do not specifically provide for freedom of movement, foreign travel, emigration, or repatriation, but 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.

In-country Movement: There were impediments to internal travel. Security forces and unidentified groups erected and operated roadblocks, primarily along secondary roads outside of Abidjan. Although some roadblocks served legitimate security purposes, racketeering and extortion were common. For example, FACI engaged in racketeering at illegal checkpoints with the participation of gendarmes and police. By the end of September, a police antiracketeering task force working with the High Authority for Good Governance (HABG) identified 59 cases for prosecution. Two of the accused were convicted of racketeering by year’s end.

Exile: Several loyalists to former president Gbagbo, some with pending criminal charges, remained in self-imposed exile.

Emigration and Repatriation: Of the more than 39,000 Ivoirian refugees who remained outside the country, more than 19,000 were in Liberia. Due to concerns over the possible spread of ebola, the borders with Liberia and Guinea officially remained closed until September. Nevertheless, in December 2015 humanitarian corridors to resume voluntary repatriation of refugees from Liberia were opened, despite the closure of the border for all other travelers. From January through September, UNHCR assisted the return of more than 18,000 refugees, primarily from Liberia. With the opening of the border with Guinea in September, UNHCR facilitated the repatriation of an additional 128 refugees from Guinea.

INTERNALLY DISPLACED PERSONS

Most IDPs were in the western and northeastern regions and in Abidjan and surrounding suburbs; no estimates of the total number of IDPs were available. Most IDPs were displaced due to the 2010-11 postelectoral crisis and evictions from illegally occupied protected forests. For example, the United Nations estimated more than 51,000 persons were evicted during the summer from Mont Peko National Park, where they were living and farming illegally. Unlike in the previous year, there were no reports the government evicted residents of Abidjan from flood-prone areas or removed structures built on illegally occupied land.

In 2014 the government adopted the African Union Convention for the Protection and Assistance of Internally Displaced Persons in Africa (Kampala Convention). The convention commits the government to protect the rights and well-being of persons displaced by conflict, violence, disasters, or human rights abuses and provides a framework of durable solutions for IDPs. The government respected the principle of voluntary return but provided limited assistance to IDPs; the United Nations and international and local NGOs worked to fill the gaps. While many of those displaced returned to their areas of origin, difficult conditions, including lack of access to land, shelter, and security, prevented others’ return. Host communities had few resources to receive and assist IDPs, who often resorted to living in informal urban settlements.

PROTECTION OF REFUGEES

Access to Asylum: The constitution and law provide for the granting of asylum or refugee status, and the government has established a system for providing protection to refugees. According to UNHCR the country hosted fewer than 1,400 refugees, most of whom were Liberian refugees who opted for local integration following the 2012 invocation of the cessation clause, which ended refugee status for Liberians. All 103 Liberian refugees who applied for formal resettlement in the country were accepted and remained in the country.

Durable Solutions: The government facilitated local integration for refugees in the most extreme situations by issuing resident permits to all refugees more than 14 years old to allow them to move freely in the country. Refugees also had access to naturalization, although UNHCR reported many had been in the naturalization process for more than five years.

Temporary Protection: The government also provided temporary protection for individuals who no longer qualified as refugees under the relevant UN conventions. Persons awaiting status determination received a letter, valid for three months, indicating they were awaiting a decision on their status. The letter provided for temporary stay and freedom of movement only. Holders of the letter did not qualify for refugee assistance such as access to education or health care.

STATELESS PERSONS

Statelessness in the country remained extensive. Citizenship is derived from one’s parents rather than by birth within the country’s territory, and birth registration was not universal. The country had habitual residents who were either legally stateless or effectively stateless. UNHCR continued to estimate the number of stateless persons at 700,000.

The special declaration program–based on a 2013 law that allows foreign-born persons living in the country before independence in 1960 to obtain citizenship by declaration and gives foreign nationals born in the country between 1961 and 1973 the option of citizenship–ended on January 24. Casework continued on the 123,810 claims submitted, and approximately 12,000 claimants received administrative nationality certificates. Responsibility for the final step–converting the nationality certificate into the ultimate proof of nationality (a judicial nationality certificate)–was on the claimant.

The National Action Plan to eradicate statelessness in the country was completed in Grand Bassam during a September 8-9 workshop organized by the Ministry of Justice. The plan delineates the steps required to uphold the government’s obligations under statelessness conventions, including legal reform to provide for access to nationality for stateless persons not included in the declaration program (other historic migrants, foundlings, and others).

Cuba

Section 2. Respect for Civil Liberties, Including:

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

There continued to be restrictions on freedom of movement within the country, foreign travel, and migration with the right of return. The government also controlled internal migration from rural areas to Havana.

In-country Movement: Although the constitution allows all citizens to travel anywhere within the country, changes of residence to Havana were restricted. The local housing commission and provincial government authorities must authorize any change of residence. The government may fine persons living in a location without authorization from these bodies and send them back to their legally authorized place of residence. There were reports that authorities limited social services to persons who lived in Havana illegally. Police occasionally threatened to prosecute for “dangerousness” anyone who returned to Havana after expulsion.

The law permits authorities to bar an individual from a certain area within the country, or to restrict an individual to a certain area, for a maximum of 10 years. Under this provision authorities may internally exile any person whose presence in a given location is determined to be “socially dangerous.” Some dissidents reported that authorities prevented them from leaving their home provinces or detained and returned them to their homes.

Foreign Travel: The government continued to require several classes of citizens to obtain permission for emigrant travel, including highly specialized medical personnel; military or security personnel; many government officials, including academics; and some former political prisoners or well-known activists. In December 2015 the government reimposed exit permit requirements on medical personnel for nonimmigrant travel, reversing a 2012 law that simplified the process by only requiring a supervisor’s permission. In March the government allowed former political prisoners arrested during the 2003 Black Spring–and released in 2010 and 2011 on parole–one opportunity to travel outside the country for the first time since their arrest. Government authorities barred a second attempt when two of these activists requested permission to travel in July.

Emigration and Repatriation: Individuals seeking to migrate legally stated they also faced police interrogation, fines, harassment, and intimidation, including involuntary dismissal from employment. Government employees who applied to migrate legally to the United States reportedly sometimes lost positions when their plans became known. Some family members of former government employees who emigrated from the island lost public benefits or were denied passports to travel and join their family members abroad.

The law provides for imprisonment of up to three years or a fine of 500 nonconvertible pesos (CUP) ($20) for first-time “rafters” (those who attempted to depart using clandestinely constructed vessels). The largest fine reported during the year was 3,000 CUP ($120) for an unauthorized departure from the country. Most persons caught attempting unauthorized departures via sea were detained briefly. In the case of military or police defectors, or those traveling with children, the punishment could be more severe. Prison terms were also more common for persons attempting to flee to the United States through the Guantanamo U.S. Naval Station.

Under the terms of the 1994 U.S.-Cuba Migration Accord, the government agreed not to prosecute or retaliate against migrants returned from international or U.S. waters, or from the U.S. Naval Station at Guantanamo, after attempting to emigrate illegally if they had not committed a separate criminal offense. The government prevented independent trips to monitor repatriated Cubans outside of Havana. Some would-be migrants alleged harassment and discrimination, such as fines, expulsion from school, and job loss, and others reported more severe punishment.

PROTECTION OF REFUGEES

Access to Asylum: The constitution provides for the granting of asylum to individuals persecuted for their ideals or actions involving a number of specified political grounds. The government has no formal mechanism to process asylum for foreign nationals.

Temporary Protection: On the small number of cases of persons seeking asylum, the government worked with the Office of the UN High Commissioner for Refugees and other humanitarian organizations to provide protection and assistance, pending third-country resettlement. In addition, the government allowed foreign students who feared persecution in their home countries to remain in the country after the end of their studies, until their claims could be substantiated or resolved.

Democratic Republic of the Congo

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. The government sometimes restricted 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 IDPs, refugees, returning refugees, asylum seekers, stateless persons, or other persons of concern.

On September 30, the DRC was one of several delegations from African nations, UNHCR, and the African Union to reach an agreement on steps to end the protracted Rwandan refugee situation by the end of 2017, after seven years of negotiations. At the end of the year, UNHCR estimated there were 267,463 Rwandan refugees in the country.

Continuing conflict in North Kivu Province harmed refugees and IDPs in the region, with attacks often resulting in deaths and further displacement. The armed conflict sometimes exacerbated ethnic tensions and clashes between communities and displaced groups. For instance, on June 8, local Kobo and Nyanga leaders gave displaced and refugee Hutu populations in Bulehusa–approximately 5,000 persons–an ultimatum to leave the town within 48 hours. Later that night youths from the Kobo and Nyanga communities burned several Hutu homes in the town, and on June 12, Mai-Mai militias returned to the site and killed several residents.

In-country Movement: The SSF–and to a greater extent RMGs–established barriers and checkpoints on roads and at airports and markets, ostensibly for security reasons, and routinely harassed and extorted money from civilians for supposed violations, sometimes detaining them until they or a relative paid. The government required travelers to submit to control procedures at airports and ports during domestic travel and when entering and leaving towns.

Local authorities continued to collect illegal taxes and fees for boats to travel on many parts of the Congo River. There also were widespread reports FARDC soldiers and RMG combatants extorted fees from persons taking goods to market or traveling between towns (see section 1.g.).

The SSF sometimes required travelers to present travel orders from an employer or government official, although the law does not require such documentation. The SSF often detained and sometimes exacted bribes from individuals traveling without orders.

Foreign Travel: Because of inadequate administrative systems, passport issuance was irregular. Officials accepted bribes to expedite passport issuance.

INTERNALLY DISPLACED PERSONS

Due to the conflict in the east and heightened conflict in areas of ex-Katanga Province, by June there were 1.7 million IDPs throughout the country, according to the UN Office for the Coordination of Humanitarian Affairs, including approximately 678,000 in North Kivu, 375,000 in South Kivu, 147,000 in Tanganyika, and 142,000 in Maniema. The government was unable to protect or assist IDPs adequately but generally allowed domestic and international humanitarian organizations to do so. In 2014, however, the governor of North Kivu banned the creation of any new IDP camps in the province, insisting instead that government officials redirect any persons in spontaneous settlements to an established camp or encourage them to return home. UNHCR and other international humanitarian organizations worked to close several IDP sites, encouraging voluntary returns where possible and pursuing local integration in areas with sufficient land and a relatively stable security environment. The government and FARDC unilaterally and abruptly closed a number of IDP sites, including in the Mpati area of North Kivu, resulting in a new displacement of thousands of IDPs. Conflict and insecurity, as well as poor infrastructure, adversely affected humanitarian efforts. In July humanitarian organizations were unable to assess and verify displaced populations in North Kivu’s Mweso and Nyanzale towns due to insecurity. Multiple abductions of relief workers occurred in the east. In early May, three humanitarian organizations temporarily suspended operations in North Kivu’s Rutshuru Territory due to abductions of relief workers.

Population displacements continued throughout the year, particularly in the east. Many areas continued to experience insecurity such as North Kivu’s Beni Territory. Attacks by the ADF had killed more than 500 persons since October 2014. Intercommunal violence and fighting among armed groups in the east from late April through July resulted in population displacement and increased humanitarian needs for IDPs and host communities.

Combatants and other civilians abused IDPs. Abuses included killings, sexual exploitation of women and children (including rape), abduction, forced conscription, looting, illegal taxation, and general harassment.

From 2015 until June, approximately 857,000 IDPs returned to their areas of origin, according to the United Nations. This included 185,000 returnees in North Kivu, 130,000 in South Kivu, 27,000 in Maniema, and 136,000 in Tanganyika.

PROTECTION OF REFUGEES

As of July 31, UNHCR reported 387,963 refugees in the country from seven adjacent countries, the greatest number being from Rwanda. Since late 2015, 13,972 new arrivals from South Sudan registered as refugees.

Access to Asylum: The law provides for the granting of asylum or refugee status, and the government established a rudimentary system for providing protection to refugees. The system granted refugee and asylum status and provided protection against the expulsion or return of refugees to countries where their lives or freedom would be threatened on account of their race, religion, nationality, membership in a particular social group, or political opinion.

The government cooperated with UNHCR and other humanitarian organizations in assisting refugees and asylum seekers with welfare and safety needs. The government assisted in the safe, voluntary return of refugees to their homes by allowing their entry into the country and facilitating immigration processing. In establishing security mechanisms, government authorities did not treat refugees differently than citizens.

Durable Solutions: Through the application of the cessation clauses of the 1951 Convention and the 1969 Organization of African Unity Convention, Angolans who fled the Angolan civil war (which ended in 2002) ceased to be refugees in 2012. In 2014 UNHCR launched the final assisted voluntary repatriation of former Angolan refugees. From January through September 2015, 3,916 Angolans returned home; another 21,290 Angolans in Kinshasa, Bas-Congo, and Katanga provinces awaited return. UNHCR helped another 18,638 Angolan refugees to file for local integration in 2015, including paying for their residency permits. Repatriation and integration continued through the year; as of December only 494 Angolan refugees remained in the country.

UNHCR recommended invocation of the cessation clause effective June 30 for Rwandan refugees who fled Rwanda before the end of 1998. To implement the tripartite agreement from 2014, the National Commission on Refugees (CNR) and UNHCR began in April the process of biometrically registering Rwandan refugees. The FDLR impeded the process in North Kivu, where most of the refugees were located. UNHCR and the CNR suspended biometric registration following FDLR attacks on UNCHR-supported registration teams in February and April, during which the teams lost all of their data. UNHCR continued to support voluntary repatriation. In December the government completed a pilot study of two IDP sites and reported that many presumed IDPs were actually Rwandan nationals. UNHCR was working with the government to address the issue.

Temporary Protection: The government provided temporary protection to an undetermined number of individuals who may not qualify as refugees.

Djibouti

Section 2. Respect for Civil Liberties, Including:

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

The law generally provides for freedom of movement within the country, foreign travel, emigration, and repatriation, and the government generally respected these rights. The government collaborated with the Office of the UN High Commissioner for Refugees (UNHCR) to draft and pass a comprehensive refugee law, ensuring refugees’ right to health, education, and the right to work. The National Assembly adopted the refugee law on December 26.

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

Abuse of Migrants, Refugees, and Stateless Persons: The government maintained an increased police presence at the Ali Addeh refugee camp following the 2014 attack on La Chaumiere restaurant. Separately, gendarmes maintained a presence at the Markazi refugee camp. Refugees had limited legal protections since there were no permanent courts within the camps or in neighboring communities.

Refugees, however, reported abuse and attacks to the National Office for Assistance to Refugees and Populations Affected by Disaster (ONARS) and UNHCR. With the support of the local National Union of Djiboutian Women (UNFD), mobile courts traveled to the largest camp, Ali Addeh, to hear the backlog of pending cases. During the year UNFD also placed a full-time staff member in all refugee camps to provide support for domestic violence victims. Cases of domestic violence were reported, although the status of subsequent investigations was unknown. Impunity remained a problem.

The government detained and deported large numbers of irregular migrants, primarily from Ethiopia. The government sometimes gave individual irregular migrants the opportunity to claim asylum status, after which the National Eligibility Commission was supposed to determine their status. The commission did not sit during the year until July 24. More than 8,042 asylum seekers awaited decisions on their asylum claims.

In-country Movement: Due to the continuing border dispute with Eritrea, certain areas in the north remained under military control.

Foreign Travel: Opposition members reported immigration officials prevented them from boarding international flights.

For example, on August 9, gendarmes stopped Union for National Salvation (USN) Secretary General Abdourahman Mohamed Guelleh at the entrance of the Ambouli airport, preventing him from boarding his international flight. Government officials stated Guelleh could not leave the country until his case concerning alleged involvement in the December 2015 incident was closed. He remained released on probation. On July 12, the Supreme Court dismissed Guelleh’s case, but the state prosecutor overturned the decision. Guelleh’s case remained pending.

PROTECTION OF REFUGEES

Access to Asylum: The law provides for the granting of asylum or refugee status. Asylum seekers from southern Somalia and Yemen are, prima facie, considered eligible for asylum or refugee status. All other asylum claims must be reviewed by the National Eligibility Commission, which falls under the Ministry of Interior and consists of staff from ONARS and several ministries; UNHCR participates as an observer.

According to UNHCR the country hosted more than 19,000 refugees and asylum seekers, primarily from south and central Somalia, Ethiopia, and Eritrea, in two refugee camps in the southern region of Ali Sabieh. An additional estimated 4,800 individuals from Ethiopia, Yemen, Somalia, and other nations lived in urban areas, primarily in Djibouti City. Due to Ethiopia’s instability in August and September, the country permitted more than 5,000 Ethiopians, particularly those from the Oromia, to register as asylum seekers.

In the past most new Somali refugees arrived at the Ali Addeh camp, which reached maximum capacity several years previously. To reduce congestion, in 2012 UNHCR and ONARS reopened a second camp at Holl-Holl. UNHCR and ONARS completed a validation census of refugees in camps and in Djibouti City in January and identified those who arrived after 2009 for voluntary relocation to the new camp.

The country also hosted refugees fleeing violence in Yemen starting in March 2015. ONARS and UNHCR registered approximately 6,000 refugees from Yemen, at least 2,800 of whom lived in a refugee camp in the northern region of Obock.

Organizational difficulties and resource constraints prevented ONARS and UNHCR from providing adequate services to refugees in all camps and in Djibouti City, including the prompt processing of asylum claims.

Due to the unresolved conflict begun in 2008 between Djibouti and Eritrea and the mandatory military conscription policy of the Eritrean government, the government considered Eritrean detainees as deserters from the Eritrean military rather than refugees. Beginning in 2011, however, the government allowed UNHCR to screen and resettle more than 200 Eritrean detainees imprisoned at Nagad in the United States, Canada, and Europe. In 2014 authorities released the 266 remaining Eritreans from Nagad and placed them in the Ali Addeh refugee camp. During the year the government continued to facilitate resettlement of this group. The government agreed to release 18 Eritrean detainees if the ICRC could resettle them to a third country. By year’s end the ICRC had not found a third country for resettlement of the 18 detainees.

Refoulement: The government did not routinely grant refugee or asylum status to groups other than southern Somalis and–beginning in March 2015–Yemenis. A backlog in asylum status determinations put individuals waiting for their screening at risk of expulsion to countries where they might be threatened. In 2014 two suicide bombers from Somalia attacked La Chaumiere restaurant in Djibouti’s city center, killing one victim and severely injuring others. Al-Shabaab claimed responsibility for this attack. After the attack, authorities closed the border with Somalia to refugees and stopped new registration and refugee status determination processes. Although the border remained officially closed during 2015, UNHCR reported the government allowed new arrivals into the country. The government also resumed the refugee status determination process in June 2015, hosting several sessions of the National Eligibility Commission each month thereafter.

Because of the presidential election and subsequent cabinet reshuffle, the National Eligibility Commission did not conduct interviews during the year until July 24. The Ministry of Interior-led commission met monthly from July to year’s end to reduce the backlog.

Because of resource constraints and limited capacity, the government did not proactively screen irregular migrants to determine if they were trafficking victims before returning them to their home countries.

Most of these cases involved Ethiopian nationals, whom government officials often identified as economic migrants. The government, working with the International Organization for Migration (IOM), continued its efforts to differentiate refugees from irregular migrants. A lack of staff and other resources, however, impeded accurate vetting, particularly in light of the large number of irregular migrants transiting the country to Yemen and migrants deported from Yemen to Djibouti.

Employment: Scarce resources and employment opportunities limited local integration of refugees. Documented refugees were allowed to work with a work permit, and many (especially women) did so in jobs such as house cleaning, babysitting, or construction. There was little recourse to challenge working conditions or ensure fair payment for labor.

Access to Basic Services: The Ali Addeh camp was overcrowded, and basic services such as potable water were inadequate. The Holl-Holl camp was not overcrowded and had better access to potable water than the Ali Addeh camp. The government continued to issue birth certificates to children born in the Ali Addeh and Holl-Holl refugee camps. ONARS and UNHCR completed a refugee verification exercise in January 2015, which allowed ONARS and UNHCR officials to issue identification cards to all refugees older than 15 years in the Ali Addeh and Holl-Holl refugee camps and in Djibouti City. UNHCR and ONARS resumed resettlement activities in 2015, which had been on hold since 2012.

ONARS and UNHCR established the Markazi refugee camp in May 2015 after Yemenis began arriving in Djibouti following the eruption of violence in Yemen. The Markazi camp provided Yemeni refugees with basic services such as water, food, shelter, and medical services. The government issued birth certificates to children born in the Markazi refugee camp. ONARS and UNHCR also began issuing identification cards to Yemeni refugees.

For the first time, the government agreed to create a new Ministry of Education-recognized English curriculum for the 2017-18 academic year for more than 12,000 refugee children in the refugee camps. Previously UNHCR provided refugees in the Ali Addeh and Holl-Holl refugee camps with a Kenya-adapted curriculum taught in English and French that was not recognized by Kenyan and Djiboutian authorities.

Refugees in the Markazi camp had access to instruction based on a Yemeni and Saudi curriculum taught in Arabic.

Durable Solutions: In conjunction with IOM, the government continued to support vocational training for young refugees. These training programs have resulted in a small number of refugees finding local employment.

Temporary Protection: The government provided temporary protection to a limited number of individuals who may not qualify as refugees. Authorities often jailed irregular migrants identified as economic migrants attempting to transit the country to enter Yemen and returned them to their countries of origin. The government worked with IOM to provide adequate health services to these migrants while they awaited deportation. IOM and the Ministry of Health have a Memorandum of Understanding permitting IOM to provide health supplies to hospitals in the “migration corridor” in Northern Djibouti, as well as enabling the ministry to have a health unit in IOM’s Migration Resource Center in Obock.

Egypt

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, albeit with some exceptions, including the handling of potential refugees and asylum seekers. The authorities maintained a “no-fly” list that prevented some defendants in court cases from fleeing the country.

Abuse of Migrants, Refugees, and Stateless Persons: Media, NGOs, and UNHCR staff reported multiple cases of attacks against refugees, particularly women and children. According to UNHCR, refugees reported harassment, sexual harassment, and discrimination. Refugee women and girls, particularly sub-Saharan Africans, faced significant societal, sexual, and gender-based violence.

According to a local civil society organization, police security sweeps increased in neighborhoods known to house Syrian, Sudanese, and other African refugees, as well as migrants, resulting in increased detentions. Detainees reported authorities subjected them to racist verbal abuse, beatings, and torture during detention.

While reports of abuse by Sinai-based facilitators and captors of illegal migrants continued to decline, a shift in human trafficking activities to mainland Egypt has accompanied this decline as a result of the security situation in Sinai and Libya.

Although the government did not cooperate consistently with UNHCR and humanitarian organizations in providing protection and assistance to asylum seekers and other persons of concern, it allowed UNHCR access to registered refugees in detention.

In-country Movement: Citizens and foreigners may not travel in areas of the country designated as military zones. The government sought to prevent private individuals, journalists, and civil society activists from entering the Sinai Peninsula, stating it was to protect their safety; however, some persons avoiding government detection did enter the Sinai, particularly irregular migrants attempting to reach the Israeli border and the western border zone.

Foreign Travel: The constitution states, “No citizen may be prevented from leaving the State territory.”

Men who have not completed compulsory military service, however, may not travel abroad or emigrate. National identification cards indicated completion of military service. Married Bahais and their children faced difficulties obtaining national identification cards because the government did not recognize Bahai marriages as legitimate. Some Bahai men of draft age were unable to establish they either had fulfilled or were exempt from military service and, therefore, were unable to obtain passports. Police officials reportedly forced unmarried young women, sometimes including those in their 30s, to present their father’s written permission to obtain a passport and to travel abroad, although the law does not require such permission.

Authorities required citizens between the ages of 18 and 45 to obtain permission from the Interior Ministry to travel to 16 countries: Guinea, Indonesia, Israel, Jordan, Malaysia, South Africa, South Korea, Thailand, Yemen, Iraq, Lebanon, Libya, Qatar, Sudan, Syria, and Turkey. Enforcement of these regulations was sporadic. The government stated it intended these regulations to make it more difficult for citizens to join terrorist groups and to stop flight of criminals. These regulations also affected the ability of other individuals to travel outside the country.

The government increasingly imposed travel bans on human rights defenders and political activists. In March, Mada Masr reported there had been 554 cases of politically motivated banned entry and exit imposed by authorities in airports since 2011. In February local and human rights groups said that authorities intended to intimidate and silence human rights defenders. Several local and international human rights organizations reported a string of exit bans issued against human rights defenders and human rights activists.

Individuals connected with NGOs facing investigation as part of the reopened NGO foreign funding case faced travel bans. On June 27, authorities prevented women’s rights activist Mozn Hassan from departing the country and informed her that the prosecutor general had issued an order banning her from travel at the request of one of the case’s investigative judges. On July 15, authorities prevented human rights lawyer and member of the NCHR, Nasser Amin, from departing the country and told him that authorities had subjected him to a travel ban. According to statements by Amin’s lawyer, the travel ban was part of the reopened NGO foreign-funding case.

In January 2015 authorities prevented democracy activist Esraa Abdel Fattah from departing the country and informed her that authorities had issued a travel ban in her name. She filed a lawsuit to challenge the ban, but the court dismissed the suit. Separately, in 2015 authorities confiscated the passport of human rights defender Mohamed Lotfy and prevented him from traveling to Berlin to deliver a statement before the German parliament on the eve of President Sisi’s state visit to Germany in June 2015. Abdel Fattah and Lotfy continued to be unable to depart the country.

Exile: There was no government-imposed exile, and the constitution prohibits the government from expelling citizens or banning citizens from returning to the country. Some Mubarak- and Morsy-era politicians lived outside the country by choice and alleged they faced government threats of prosecution.

PROTECTION OF REFUGEES

Access to Asylum: The constitution provides for the protection of political refugees, but the laws do not provide for granting asylum or refugee status, and the government has not established a comprehensive legal regime for providing protection to refugees. The government granted UNHCR authority to make refugee status determinations. UNHCR does not register Libyan citizens, nor does it register or provide any assistance to Palestinian refugees in the country.

According to UNHCR, as of September there were approximately 192,000 registered refugees and asylum seekers in the country, coming mainly from Syria, Sudan, South Sudan, Ethiopia, Eritrea, and Iraq. The number of Syrian nationals newly registered as refugees increased since 2015. Observers attributed the increase to a new level of socioeconomic desperation among Syrians who had prolonged their stay in Egypt while depleting their assets, as well as an increase in new arrivals by way of Sudan, which remained the only country to which Syrians could travel without visas. As of August UNHCR reported 114,911 registered Syrian refugees in the country. The number of African refugees significantly increased during the year according to UNHCR, particularly among Ethiopian, Eritrean, and South Sudanese populations.

In 2012 and 2013 under the Morsy administration, the government accorded Syrians visa-free entry. Starting in mid-2013, the government applied a system of visa and security clearance requirements for Syrian nationals and Palestinian refugees from Syria, thus assuring no direct entries from Syria since Egypt lacked consular services there. UNHCR reported cases of prolonged separation of Syrian families in Egypt and family members in Syria, Libya, or the Gulf countries. The government rarely granted family reunification visas.

Since the regulations took effect in 2013, UNHCR stated authorities detained and deported dozens of Syrians who arrived in the country without a visa or with forged documents, usually to the transit countries from which they arrived, or to Turkey or Lebanon. According to UNHCR, the number of Syrians using forged documents to travel to the country increased during the year. Stricter visa restrictions imposed by Jordan and Turkey also resulted in the return of some Syrians to Egypt, where they remained in prolonged detention.

Reports of irregular movements of individuals, including asylum seekers, and of detention of foreign nationals attempting to depart the country irregularly remained numerous, after a dramatic increase in 2013. Syrians represented the largest portion of this group, which also included Sudanese, South Sudanese, Eritreans, Somalis, Ethiopians, and other Africans. UNHCR observed increased African irregular departures from the country, particularly Sudanese, Eritrean, and Ethiopian nationals. Irregular migrants continued to travel steadily through the land route from Sudan (Wedi Halfa/Abu Simbel). There were 4,913 reported deaths of irregular migrants in the Mediterranean during the year, an increase from 3,600 reported for 2015.

UNHCR access to detained registered refugees and asylum seekers was unscheduled and intermittent. According to UNHCR, authorities allowed access but only by request. Local rights groups faced continued resistance from the government when trying to interview detainees at Qanater men’s and women’s prisons outside Cairo, which housed the majority of detained refugees and asylum seekers. Authorities denied UNHCR access to unregistered asylum seekers at all prison and detention facilities, and UNHCR officials faced difficulties accessing prisoners to determine their status. The government subjected detained migrants, many of whom were Ethiopian, Eritrean, Sudanese, and Somali (and may have had a basis for asylum claims), to prolonged administrative detention for unauthorized entry or residence. Detained migrants–as unregistered asylum seekers–did not have access to UNHCR. Authorities often held them in jails, military camps, and regular prisons with convicted criminals.

Approximately three thousand Palestinian refugees from Syria were also present in the country, representing a significant decrease from 2015, which rights groups believed was a result of able-bodied men and teenage boys departing by sea to Europe as irregular migrants. The majority reportedly lived in Cairo. The Palestinian Authority mission in the country provided limited assistance to this population, who were not able to access UNHCR assistance provided to Syrians due to governmental restrictions. Despite UNHCR’s mandate for Palestinians outside of the fields of operations of the UN Relief and Works Agency, the government denied UNHCR permission to provide services, reportedly in part due to a belief that allowing UNHCR registration would negate Palestinian refugees’ right of return. Similar to 2014 authorities detained a few Palestinian refugees from Syria but promptly released them. The International Committee of the Red Cross (ICRC) mission in Cairo provided some humanitarian assistance to Palestinian refugees from Syria.

Refoulement: According to human rights advocates, migrants detained while attempting to enter the country irregularly were typically given two options: return to their country of origin or indefinite administrative detention. Because the government denied UNHCR access to unregistered detained migrants and asylum seekers, the number of potential asylum seekers returned to their countries was unknown. Authorities frequently encouraged those detained to choose to return to their countries of origin to avoid continued detention, even in cases where the individuals expressed a fear of return. Authorities also deported children to their countries of origin without their parents or an adult caregiver. In 2014 authorities deported children recognized as refugees by UNHCR to their country of origin without their mother or an adult caregiver. In September members of the humanitarian assistance community noted that the government did not deport every irregular migrant caught either crossing the country or trying to depart by sea but that this inconsistent approach was largely due to the government’s severe budgetary constraints.

UNHCR stated the Syrian embassy implemented a restrictive policy regarding the renewal of expired passports of Syrian nationals in detention, regardless of the grounds for arrest. In such cases the Syrian embassy issued a travel document valid only for return to Syria; therefore, the absence of a valid national passport for Syrian refugees in detention resulted in either prolonged detention or forced repatriation. According to UNHCR reports, the Syrian embassy renewed passports on an individual basis in a few cases for released detainees. Syrian authorities generally refused to renew passports for persons who had registered with UNHCR.

Fewer Palestinian refugees from Syria entered the country in an illegal manner with the intention to travel to Europe. In a number of cases, in the absence of valid travel documents or inability to confirm their identities, they faced either detention or deportation.

Employment: There is no law granting refugees the right to work. Those seeking unauthorized employment were challenged by lack of jobs and societal discrimination, particularly against sub-Saharan Africans. Refugees who found work took low-paying jobs in the informal market, such as domestic servants, and were vulnerable to financial and sexual exploitation by employers.

Access to Basic Services: Refugees, in particular non-Arabic-speaking refugees from sub-Saharan Africa, continued to face limited access to housing, public education, public health services, and other social services. The Interior Ministry restricted some international organizations seeking to assist migrants and refugees in the Sinai but provided the International Organization for Migration (IOM) access to some detention centers. UNHCR provided refugees with modest support for education and health care, as well as small monthly financial assistance grants for particularly vulnerable refugees. IOM provided additional assistance to particularly vulnerable migrants and individual asylum cases either rejected or being processed by UNHCR.

Some public schools enrolled Syrian refugee children, but universal access for refugee education was nonexistent largely due to concerns about overcrowded public schools and a lack of resources. Instead, refugee children mainly attended refugee-run schools, private schools, or were home schooled. The law requires government hospitals to provide free emergency medical care to refugees, but many of the hospitals did not have adequate resources to do so. In some cases hospitals insisted that refugees provide payment in advance of receiving services or refused to provide services to refugees. In response to the influx of Syrians, the government allowed Syrian refugees and asylum seekers access to public education and health services; however, due to lack of availability, the low quality of Egyptian public education, and cases of severe harassment of Syrian children, many Syrian children remained outside the formal education system.

STATELESS PERSONS

Most of the 22 stateless persons known to UNHCR were Armenians displaced for more than 50 years. According to a local civil society organization, the number of stateless persons in the country was likely higher than the number recorded by UNHCR. The government and UNHCR lacked a mechanism for identifying stateless persons, including those of disputed Sudanese/South Sudanese nationality and those of disputed Ethiopian/Eritrean nationality. An unknown number of the approximately 50,000 to 100,000 Palestinian refugees were stateless.

Equatorial Guinea

Section 2. Respect for Civil Liberties, Including:

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

Although the law provides for freedom of internal movement and repatriation, the government occasionally restricted these rights.

In-country Movement: Police at roadblocks routinely checked travelers and engaged in petty extortion. Frequent roundups of irregular immigrants and others also occurred at roadblocks, which the government claimed impeded illegal immigration, mercenary activities, and coup attempts.

Foreign Travel: In March the Ministry of National Security confiscated the travel documents of the foreign country director of a large multi-national corporation, preventing him from leaving the country for needed medical care abroad. Despite a court order for the director’s release, the government continued to prevent him from traveling for eight months due to a labor dispute between the director’s employer and his former employees.

Exile: The law prohibits forced internal or external exile. Some members of banned political parties returned from exile during the year, but many remained in self-imposed exile. Opposition party political leaders Guillermo Nguema Ela and Luis Nzo Ondo remained in internal exile at year’s end on the mainland, unable to join their families in Malabo.

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.

Eritrea

Section 2. Respect for Civil Liberties, Including:

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

The law and unimplemented constitution provide for freedom of internal movement, foreign travel, emigration, and repatriation, but the government restricted all these rights. It often denied citizens passports and exit visas because they had not completed their military duties or arbitrarily for no given reason.

The government cooperated with the Office of the UN High Commissioner for Refugees (UNHCR) to provide protection and assistance in some areas, but it restricted UNHCR activities in others. The government defined refugee status differently than do the 1951 Convention and 1967 Protocol relating to the Status of Refugees. It did not recognize Ethiopians or Sudanese as refugees, although it allowed them to remain in the country and granted them residency permits. It routinely provided protection to Somali refugees.

UNHCR reported that in May the government halted all resettlement of Somali refugees from the Umkulu Refugee Camp. It ceased issuing exit visas for Somali refugees who were already approved for resettlement in third countries. Additionally, the government prevented Somali refugees in Umkulu from voluntarily repatriating to Somalia, prevented officials from resettlement countries from entering the country to screen additional resettlement candidates, and prevented candidates from exiting the country to be screened in resettlement countries. In November without explanation, the government expelled the UNHCR associate refugee protection officer.

In-country Movement: The government requires citizens to notify local authorities when they change residence, although many did not. When traveling within the country, particularly in remote regions or near borders, authorities required citizens to provide justification for travel at the few checkpoints in the country.

Travel restrictions on noncitizens lawfully in the country remained in effect. The government required all diplomats, international humanitarian workers, UN staff, and foreigners to request permission from the government at least 10 days in advance to travel more than 15.5 miles outside of Asmara. Authorities shortened this waiting period considerably for diplomats who had resided in country for an extended period. Authorities gave UNHCR staff a monthly permit to visit Umkulu Refugee Camp.

Foreign Travel: The government restricted foreign travel. The government required citizens, including dual nationals, to obtain exit visas to depart the country if they entered on an Eritrean passport or residency card. Requirements for obtaining passports and exit visas were inconsistent and nontransparent. Authorities generally did not give exit visas to children ages five and older. Authorities granted few adolescents exit permits; many parents avoided seeking exit permits for children approaching national service draft age due to concern authorities might also deny them permission to travel. Categories of persons most commonly denied exit visas included men under age 54, regardless of whether they had completed the military portion of national service, and women younger than 30, unless they had children. The government did not generally grant exit permits to members of the citizen militia, although some whom authorities demobilized from national service or who had permission from their zone commanders were able to obtain them.

Exile: There were reports of citizens who left the country without exit visas being denied reentry. Many other citizens who fled the country remained in self-imposed exile due to their religious and political views and fear they would be conscripted into national service if they returned. Others reported there were no consequences for returning citizens who had residency or citizenship in other countries.

Emigration and Repatriation: To prevent emigration the government generally did not grant exit visas to entire families or both spouses simultaneously. Authorities arrested persons who tried to cross the border and leave without exit visas.

The COI found the government, largely the armed forces and particularly the border surveillance division, had implemented a shoot-to-kill policy for a “considerable period of time.” In its June 8 report, the COI stated that it had “reliable evidence” that the policy still existed, but was “not implemented as rigorously as it was in the past.”

In general citizens had the right to return, but citizens residing abroad had to show proof they paid the 2 percent tax on foreign earned income to be eligible for some government services and documents, including exit permits, birth or marriage certificates, passport renewals, and real estate transactions. The government enforced this inconsistently. Persons known to have broken laws abroad, contracted serious contagious diseases, or to have been declared ineligible for political asylum by other governments had their visas and visa requests to enter the country considered with greater scrutiny.

Citizenship: In 1994 the government revoked the citizenship of members of Jehovah’s Witnesses due to their refusal to take part in the referendum on independence or participate in the military portion of national service. Members of Jehovah’s Witnesses who did not perform military service continued to be unable to obtain official identification documents. They were not eligible for jobs in the formal economy or for ration coupons to buy essentials at government-subsidized prices.

PROTECTION OF REFUGEES

Access to Asylum: The law does not specifically provide for the granting of asylum or refugee status, although the government offered protection to some individuals from neighboring countries, predominantly Somali refugees. The government did not grant Ethiopians or Sudanese asylum, although it allowed them to remain in the country and granted them residency permits that enabled them to access government services. The government required Ethiopians to pay an annual fee of 600 nakfa ($40) for a residency card. The card demonstrated the holder was not indigent.

Employment: There did not appear to be discrimination based on nationality in terms of employment or entitlements with the exception of resident Ethiopians, some of whom the government viewed as potential security risks.

Access to Basic Services: Persons of Ethiopian and Sudanese origin living in the country sometimes claimed they received social entitlements commensurate with the perceived degree of their loyalty to the government, including eligibility for ration coupons to buy essentials at government-subsidized prices. Most Somalis were restricted to Umkulu Refugee Camp.

Ethiopians and Somalis were able to access basic government services upon procuring and presenting residency permits. UNHCR reported significant delays in the issuance of exit visas for Somali refugees in Umkulu Refugee Camp that caused it to raise concerns with the government regarding the implementation of durable solutions.

Durable Solutions: The government did not grant persons of Ethiopian and Sudanese origin asylum or refugee status; however, authorities permitted them to remain in the country and to live among the local population instead of in a refugee camp. Authorities granted them granted residency permits that enabled them to access government services. Authorities granted Sudanese and Ethiopians exit visas to leave the country for resettlement and study.

Ethiopia

Section 2. Respect for Civil Liberties, Including:

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

Although the law provides for freedom of internal movement, foreign travel, emigration, and repatriation, the state of emergency regulations restricted internal movement. The government also restricted freedom of internal movement and foreign travel.

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 (IDPs), refugees, returning refugees, asylum seekers, stateless persons, and other persons of concern. At times authorities or armed groups limited the ability of humanitarian organizations to operate in areas of insecurity, such as on the country’s borders.

In-country Movement: The state of emergency regulations prohibited diplomats from travelling more than 25 miles outside of Addis Ababa without prior notification to and approval from the command post. The government lifted this restriction in early November. Security concerns forced a temporary halt of deliveries of food and other humanitarian assistance in limited areas in Amhara and Oromia regions.

Foreign Travel: A 2013 ban on unskilled workers travelling to the Middle East for employment continued. The ban did not affect citizens travelling for investment or other business reasons. The government stated it issued the ban to prevent harassment, intimidation, and trauma suffered by those working abroad, particularly in the Middle East, as domestic employees.

There were several reports of authorities restricting foreign travel, similar to the following case: On March 23, National Intelligence and Security Service officials at Bole International Airport in Addis Ababa prevented Merera Gudina, chairman of the OFC, from departing the country. On June 15, Merera was permitted to leave. Authorities arrested him on December 1.

Authorities restricted travel of persons in the Zone 9 case. For example, authorities confiscated blogger Zelalem Kibret’s passport in November 2015 and prevented him from boarding his international flight. Airport security officials said he could not leave the country because he had previously been arrested. Authorities returned Zelalem’s passport on June 1, and he was later permitted to travel abroad.

Exile: As in past years, citizens including journalists and others remained abroad in self-imposed exile due to fear of government retribution should they return.

INTERNALLY DISPLACED PERSONS

According to the International Organization for Migration (IOM), there were 684,064 IDPs between August 2015 and August, including protracted and new cases, many of them due to the impact of the El Nino weather phenomenon. This was an increase compared with previous years.

Of the IDPs, 397,296 were displaced by flooding and conflict while 188,244 were displaced due to the effects of the drought related to El Nino. Another 33,300 were displaced due to resource-based competition. Most of those affected by El Nino returned to their places of origin.

IOM estimated 657, 224 individuals were considered “protracted IDPs,” meaning they lacked durable solutions such as local integration, internal resettlement, or return to home. The reasons for protracted displacements included interclan and cross-border conflict, natural disasters, political or community considerations in IDP resettlements, and lack of resettlement resources. Of these IDPs, 283,092 resided in Somali Region; 148,482 in Afar; 144,295 in Oromia; 47,950 in the Southern Nations, Nationalities, and Peoples’ Region; 13,245 in Amhara; 2,290 in Dire Dawa; and 2,055 in Harar. An additional 15,815 individuals displaced by flooding were still on the move and thus could not be attributed to any one region.

IOM reported in August 41,316 individuals or 7,844 households were internally displaced in Amhara, Oromia, and Somali regions, due to conflict and flooding. From August 24 through mid-September, approximately 8,000 individuals moved from Amhara Region to northwestern Tigray Region. Many of the IDPs cited as the reason for their departure recent conflicts in the region and a generalized sense they could be targeted because of their ethnicity (Tigrayan). The federal government allocated six million birr ($266,361) to Tigray Region for the IDP response. The funds were distributed among Hemera, Axum, Mekele, and Shire, which were the towns with the greatest IDP influx. The largest volume of arrivals was in Shire, which received 2.6 million birr ($115,423) of the region’s total. The federal government established a committee led by the Tigray Regional Agriculture Department to seek permanent integration options for the IDPs.

The IOM estimated an April 15 attack in Gambella Region by Murle ethnic group from South Sudan displaced more than 21,000 individuals (see section 6, Other Societal Violence or Discrimination).

The government, through the Disaster Risk Management Food Security Sector (DRMFSS), continued to play an active role in delivering humanitarian assistance to IDPs. Federal and local DRMFSS officials coordinated with IOM and its partners in monitoring IDP populations.

PROTECTION OF REFUGEES

Access to Asylum: The law provides for granting of asylum or refugee status, and the government has established a system for providing protection to refugees. The state of emergency regulations prohibited entering the country without a visa.

According to UNHCR, the country hosted 743,732 refugees as of August. The majority of refugees were from South Sudan (281,612) and Somalia (254,277), with others from Eritrea (161,615), Sudan (39,317), and other countries. There were 1,554 registered Yemeni asylum seekers.

UNHCR, the Administration for Refugee and Returnee Affairs, and humanitarian agencies continued to care for Sudanese arrivals fleeing from conflict in Sudan’s Blue Nile State, averaging 1,500 new arrivals per month, according to UNHCR. The government also extended support to asylum seekers from South Sudan, mostly arriving from Upper Nile and Unity states. Persistent conflict and food insecurity prompted the flow of South Sudanese refugees into the country; there were an estimated 2,712 arrivals during August.

Eritrean asylum seekers continued to arrive. Approximately 23 percent were unaccompanied minors. Many who arrived regularly departed for secondary migration through Egypt and Sudan to go to Europe and other final destinations.

Freedom of movement: The state of emergency regulations prohibited leaving refugee camps without permission from an authorized body. The government continued a policy that allowed some Eritrean refugees to live outside a camp. The government gave such permission primarily for persons to attend higher-education institutions, undergo medical treatment, or avoid security threats at the camps.

Employment: The government does not grant refugees work permits.

Durable Solutions: The government welcomed refugees to settle in the country but did not offer a path to citizenship or provide integration. The government supported a policy allowing some refugees to live outside camps and engage in informal livelihoods. Refugee students who passed the required tests could attend university with fees paid by the government and UNHCR.

Guinea

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. Police and security forces, however, continued to detain persons at roadblocks to extort money, impeding the free movement of travelers and threatening their safety. The Ebola epidemic further complicated matters as authorities closed borders with Senegal, Sierra Leone, and Liberia, impeding the movement of persons and goods. In August, after countries in the region were declared Ebola-free, the border with Cote d’Ivoire was reopened. The government cooperated with UNHCR and other humanitarian organizations in providing protection and assistance to refugees, stateless persons, and asylum seekers.

In-country Movement: The government required all citizens over age 18 to carry national identification cards, which they had to present on demand at security checkpoints.

In 2012 the government announced the elimination of all roadblocks on the highways but declared it would maintain checkpoints along the borders and on certain strategic routes in Conakry. Police and gendarmes, however, set up random checkpoints throughout the capital and the country and routinely asked drivers to pay “tolls” or other illegal fees. Police and gendarmes occasionally robbed and beat travelers at these checkpoints and sometimes threatened them with death. High-level government officials acknowledged that the practice continued but claimed to be powerless to stop it.

INTERNALLY DISPLACED PERSONS

Interethnic violence in parts of the country occasionally resulted in internal displacement. Humanitarian organizations were able to access these populations and provided assistance.

PROTECTION OF REFUGEES

The country hosted refugees from neighboring countries, including Cote d’Ivoire, Liberia, and Sierra Leone. As of April UNHCR recorded 8,696 refugees, including 6,580 Ivoirians. The Ebola epidemic at times resulted in restricted access to areas across the country, including regions hosting refugees; however, aid organizations were able to assist Ivoirian refugees living in Kouankan II Camp. Following the official end of Ebola in August, Cote d’Ivoire reopened its border with Guinea, thus opening the way to resume voluntary repatriation, and in September UNHCR organized an initial land convoy of 128 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.

Access to Basic Services: Refugees had access to basic services such as education and health services.

STATELESS PERSONS

There were a few hundred effectively stateless persons, who originally came from Sierra Leone. These persons did not meet any of the criteria for Guinean citizenship–birth within the country, marriage, naturalization, or parental heritage. According to UNHCR these refugees requested neither repatriation nor local integration after the invocation of the cessation clause for refugees from Sierra Leone. Some of this population lived in abandoned refugee camps, while others moved from former refugee sites in Kissidougou to artisanal gold-mining areas in the northeast of the country.

Republic of the Congo

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. The government generally respected these rights for refugees and asylum seekers, but not for undocumented immigrants from the DRC in the country’s larger cities.

The government usually cooperated with 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.

Abuse of Migrants, Refugees, and Stateless Persons: Authorities harassed and arbitrarily arrested refugees on a regular basis, forcing them to pay small bribes to avoid arrest or obtain release. Police, specifically the intelligence police, arrested at least 145 refugees during the year, including 105 in Brazzaville and 40 in the northern town of Betou. In 27 cases police cited irregular immigration as the cause for arrest, despite the refugees carrying valid identification cards indicating refugee status. For example, police regularly arrested CAR refugees, claiming they no longer had refugee status since the war in CAR had ended. Dozens of refugees reported that police used physical violence against them during their arrest and detention. On three separate occasions, refugees reported violent physical harassment by police and military members who demanded money from them outside a detention center.

On March 11, intelligence police arrested without charge Rwandan refugee Bonfiface Uzaribara; as of October 20, he remained in detention. Authorities denied human rights organizations, UNHCR, and Uzaribara’s family and lawyer access to visit him in detention.

UNHCR reported 28 cases of rape from January through September, 19 of which involved rape of a minor and 15 of which occurred frequently at a refugee camp in Betou. Soldiers allegedly committed two of the rapes in the northern Likuala region. Rape and sexual abuse commonly occurred during the initial flight; many women and girls engaged in survival sex in exchange for protection, material goods, or money. Women often remained with abusive partners who offered protection during the flight and subsequently reported domestic abuse and marital rape. The vast majority of gender-based violence incidents went unreported because complaints could take three or more years before courts examined them. Families of victims often preferred settlements through traditional justice mechanisms of negotiating directly with the perpetrators. UNHCR’s protection officers and medical partners provided medical, psychosocial, and legal assistance to victims of gender-based violence, including rape. During the year there was a national shortage of rape kits and HIV testing to respond to victims. Refugees had equal access to community health centers and hospitals but reported discriminatory treatment at some hospitals, including insults by medical personnel and not being treated in priority order relative to their medical condition. Refugees had equal legal recourse for criminal complaints (for example, rape) and civil disputes.

Foreign Travel: The law provides for freedom of internal movement, foreign travel, emigration, and repatriation, but the government repeatedly violated these rights, especially for opposition politicians and supporters attempting to depart the country.

By law all citizens are eligible for a national passport. The government, however, lacked the capacity to produce passports in sufficient numbers to meet demand and prioritized providing passports to those individuals who could demonstrate imminent need to travel or who had strong government connections. Obtaining a passport was a time-consuming and difficult process for most persons.

INTERNALLY DISPLACED PERSONS

The April 4 gunfire and explosions in Brazzaville displaced more than 17,000 persons, who fled their neighborhoods for safer parts of the city. The government blamed the Ninja/Nsiloulou, a former rebel group from the 1997-2003 civil war. Their leader, Pastor Ntumi, denied responsibility, and many suspected that the entire operation may have been coordinated by elements of the government as a political distraction prior the Constitutional Court’s declaration of final presidential election results and to perpetuate a climate of fear and intimidation to prevent protests. Churches in the neighborhood of Plateau de 15 Ans in Brazzaville hosted approximately 10,000 internally displaced persons (IDPs) for approximately one week. There were reports of military personnel robbing IDPs as they passed through checkpoints. Two women reportedly gave birth while displaced. On April 5, the government launched security operations in the Pool region outside of Brazzaville to search for Ntumi. During the operation thousands more in the Pool region were displaced from their homes (see section 1.g.).

PROTECTION OF REFUGEES

Access to Asylum: The law provides for the granting of asylum or refugee status, and the government has a system for providing protection to refugees but not asylum seekers. There are no laws recognizing asylum seekers nor any laws implementing the protections afforded in the 1951 Refugee Convention, to which the government is a signatory. During the year the country hosted 46,049 refugees, 4,134 asylum seekers, and 3,087 persons of concern.

The National Refugee Assistance Committee (CNAR), a joint committee under the Ministry of Social Affairs and Humanitarian Action, Ministry of Justice, and Ministry of Foreign Affairs, handled applications for refugee status. The CNAR received most of its operating budget from UNHCR.

According to UNHCR, the CNAR eligibility board processed 129 asylum cases during the year; seven cases were granted refugee status, three cases were put on hold for further processing, and 119 cases were denied refugee status. There were no cases processed by the appeal board during the year.

The country saw an influx of persons fleeing violence in the CAR beginning in 2012. According to UNHCR, as of October 1, the country hosted 29,304 CAR refugees and asylum seekers.

As of July 2015, the government stopped granting prima facie status to refugees fleeing from the CAR. During the year UNHCR registered 2,078 CAR asylum seekers, but the government did not register the asylum claims until August. With the support of UNHCR, the CNAR adopted an expedited procedure to process asylum requests. Since August 29, the government registered 240 asylum-seeking families from the CAR (560 individuals), none of which were processed by the government’s eligibility board for refugee status.

Local integration for refugees in the country was particularly difficult due to the cost of acquiring a residence permit, 350,000 CFA francs ($600). UNHCR was not aware of any refugees who obtained a residency card or alternative status as of October 20.

Employment: The law does not address employment for refugees, but various government decrees prohibit foreigners, including refugees, from practicing small trade activities and working in the public transportation sector. Following the operation to expel undocumented migrants in 2014, police aggressively implemented these laws, resulting in sudden and mass unemployment of refugees.

According to UNHCR, on multiple occasions during the year, refugees in Brazzaville reported police arbitrarily confiscated items they were selling, such as eggs and fruit, under threat of arrest or demand for a bribe.

Several rural localities banned foreigners from continuing their farming activities. According to customary laws, property owners may require foreigners to pay an extra licensing fee to lease property or land.

In recent years anecdotal evidence suggested quotas and excessive work permit fees limited refugee employment opportunities in the formal sector. Authorities required refugees to obtain two-year work permits that cost approximately 150,000 CFA francs ($260), approximately equivalent to three months’ salary.

Many refugees worked informally in the agriculture sector to obtain food. Some refugees farmed land that belonged to local nationals in exchange for a percentage of the harvest or a cash payment.

Access to Basic Services: In July UNHCR received reports from refugees that a local government authority in Likuala started a registration operation for all foreigners in the region, including refugees, requiring a payment of 500 CFA francs ($0.85) for documents that under law are free of charge. In July local authorities ceased the registration operation after complaints from the international community.

UNHCR-funded primary schooling was accessible to most refugees. During the academic year, primary schools enrolled 9,226 refugee children, including 4,489 girls. Authorities severely limited access to secondary and vocational education for refugees. Most secondary education teachers at such schools were refugees who either volunteered to teach or were paid by the parents of refugee children. There were 2,713 refugee children enrolled in secondary school, of whom 1,123 were girls.

Durable Solutions: As of September 27, the country hosted 9,030 Rwandan refugees, 53 percent of whom were born in the Republic of the Congo, including 753 children unable to obtain birth certificates. According to UNHCR, in 2004-15 the government repatriated 445 Rwandan refugees. Since January the government repatriated seven additional Rwandan refugees.

At a tripartite meeting in 2012, the governments of the Republic of the Congo and Rwanda, with UNHCR, agreed to invoke a cessation clause that would revoke the refugee status of Rwandans in the country beginning on June 30, 2013. As of that date, the agreement required Rwandan refugees to return to Rwanda, formalize their legal status in the Congo, or apply for refugee status based on individual claims due to particular circumstances. UNHCR reported that 4,029 Rwandans subject to the cessation clause filed exemption requests with the government. During the year the government completed determination interviews for all Rwandan refugees living in Brazzaville and Kintele, an estimated 1,400, but as of December, it had not made a decision on their status.

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The Lessons of 1989: Freedom and Our Future