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

Press and Media, Including Online Media: Independent media were active and expressed a wide variety of views without restriction.

Censorship or Content Restrictions: In late March the government imposed a ban on internet and other publication of the video footage of the March 15 Christchurch terror attack, and on the attacker’s “manifesto.”

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

There were no government restrictions on academic freedom or cultural events. In July, however, Auckland University of Technology (AUT), a public university, canceled a student-organized seminar commemorating the 30th anniversary of Tiananmen Square. Commentators and NGOs widely rejected AUT’s claim that booking issues forced the event’s cancellation, viewing the cancellation as resulting directly from pressure from the Chinese consulate in Auckland.

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

The government complained to the Chinese embassy following a July 29 incident at the University of Auckland in which three mainland Chinese men verbally and physically assaulted a Hong Kong student while she was at a rally in support of Hong Kong’s antiextradition law protesters. The focus of the government’s complaint was a statement issued by the Chinese consulate in Auckland praising the mainlanders’ actions as “spontaneous patriotism” and criticizing biased coverage of the Hong Kong situation.

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

d. Freedom of Movement

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

Not Applicable.

Access to Asylum: The law provides for the granting of asylum or refugee status, and the government has an established system for providing protection to refugees, who can arrive in the country in three ways: 1) approximately 1,000 refugees per year come through the UN High Commissioner for Refugees (UNHCR) resettlement program (with 50 per cent of that number coming from the Asia-Pacific region); 2) an additional approximately 150 asylum seekers (also known as “protection claims,” see below) are recognized as refugees; 3) family members join refugees already living in the country. Although the government’s goal was to decide 75 percent of refugee and protection claims–people who seek asylum after arriving–within 140 days, a media outlet reported in August that only 28 percent of cases were resolved in that time frame due to the heavy caseload.

As of August, eight asylum seekers were being detained either in prison or at the country’s sole refugee resettlement center, according to media outlets. The HRC reported that asylum seekers detained in these prisons are subject to general prison standards; media noted that refugees are subjected to such detentions because of security concerns or cases of uncertain identity. According to media reports, about 5 percent of asylum seekers ask for refugee status immediately after landing in country and nearly 60 percent do so within three months of arriving. A third of cases were overstayers who claimed refugee status before they were deported.

In October, reacting to pressure from lawmakers and human rights organizations, the government abolished a 10-year-old policy of tightly restricting the total number of refugees it would accept annually from the Middle East and Africa and only accepting those with family already living in the country.

Durable Solutions: The government accepts 1,000 refugees annually, under the UNHCR resettlement program. Refugees who arrive in the country through this program are granted permanent residence status. When refugees arrive they stay at a central refugee resettlement center in Auckland for six weeks, where they receive settlement support including help with English, health, education, and finding work for up to 12 months.

Temporary Protection: The government also provided temporary protection to persons who may not qualify as refugees under the country’s UN quota commitment. Approximately 150 asylum seekers–people who have fled from their own country because they fear persecution or harm–were recognized as refugees. Advocacy groups were concerned that the approximately 150 annual asylum seekers outside the quota system did not receive the same level of governmental support, specifically in finding employment, as quota refugees.

Not applicable.

The law provides for freedom of expression, including for the press, but the government did not respect this right. Restrictions on press freedom, the absence of an independent judiciary, and a nondemocratic political system combined to inhibit freedom of expression, including for the press. Although the law provides that the right to information may not be subjected to censorship, the government and actors under its control retaliated against the press and radio and television stations by blocking transmissions, impeding the import of ink and paper, and violence against journalists. Some independent media outlets also reported they were victims of cyberattacks.

Freedom of Expression: The government used reprisals to restrict the ability of individuals to criticize the government.

Independent media were active and expressed a wide variety of views despite government attempts to restrict and intimidate them. Independent media outlets experienced vandalism, seizure of broadcast equipment, arrest, and fear of criminal defamation charges. The government repeatedly denied broadcasting licenses and other permits for independent media. Further attempts to intimidate came through continued financial audits performed by the Directorate General of Revenue, which resulted in referral of cases to the Customs and Administrative Tax Court. Independent news outlets faced restrictions on speech, such as not being permitted to attend official government events, being denied interviews by government officials, and receiving limited or no direct access to government information. Official media, however, were not similarly restricted.

The government restricted symbolic speech. Prodemocracy protesters were arrested on many occasions for displaying the national flag as a protest banner.

Press and Media, Including Online Media: Independent media faced official and unofficial restrictions, reprisals, and harassment, but they were nonetheless successful in expressing a variety of views. Journalists from many stations were threatened and harassed with the purpose of limiting their editorial independence.

Significant state influence, ownership, and control over media continued. National television was largely controlled either by business associates of the president or directly owned and administered by his family members. Eight of the 10 basic channels available were under direct FSLN influence or owned and controlled by persons with close ties to the government. Media stations owned by the presidential family generally limited news programming and served as outlets for progovernment or FSLN propaganda and campaign advertisements. Press and human rights organizations claimed the use of state funds for official media, as well as biased distribution of government advertising dollars, placed independent outlets at a disadvantage.

Violence and Harassment: Journalists were subject to government violence, harassment, and death threats. Renowned journalist Carlos Fernando Chamorro went into exile in January after receiving harassment and death threats. On November 25, he returned, along with five other journalists. The television station 100% Noticias and the offices of news magazine Confidencial remained closed and under police custody after the December 2018 raid of those facilities.

Censorship or Content Restrictions: The government penalized those who published items counter to the ruling party’s ideology; however, it did not do this according to specific guidelines.

To control printing presses, the government continued to enforce the controversial Law 528, or “Ley Arce,” which established high tariffs and bureaucratic delays on the importation of ink, paper, machinery, and other printing necessities, despite constitutional provisions protecting the media’s right to freedom from such tariffs. By September the government had not allowed national, independent print media La Prensa and El Nuevo Diario to import ink, paper, or machine parts to continue printing for more than one year. This led to significant increase in printing costs and restrictions of printing capacity of both daily newspapers. On September 27, after nearly 40 years in business, El Nuevo Diario announced its permanent closure, citing “economic, technical, and logistical difficulties, which made [its] operation unsustainable.”

In September Radio Corporacion, an independent radio broadcaster, found its AM radio antenna sabotaged and its transmission cables dug up and cut into pieces. Radio station staff stated that unknown perpetrators carried out the attack with knowledge of where the sabotage could do the most damage. As a result, the radio station lost its ability to broadcast on the AM frequency for more than a week and moved all of its programming to an FM frequency. This resulted in lower listenership, particularly among rural listeners who rely principally on AM frequency for radio transmissions.

Restrictions in acquiring broadcast licenses and equipment prevented the media from operating freely. Beginning in 2008, media outlets were unable to apply for new broadcasting licenses while the General Law (Law 200) on Telecommunications was under review in the National Assembly. The government extended the validity of existing licenses indefinitely. Human rights groups and independent media also reported the failure to approve or deny Law 200 resulted in uncertainty surrounding the purchase and import of goods related to broadcasting. As a result, independent radio owners continued to defer long-term investments.

Some independent-media owners also alleged the government exerted pressure on private firms to limit advertising in independent media, although other observers believed the lack of advertising was the result of self-censorship by private companies or a business decision based on circulation numbers. Many journalists practiced self-censorship, fearing economic and physical repercussions for investigative reporting on crime or official corruption. In addition, media outlet owners exercised self-censorship by choosing not to publish news that affected public perceptions of the government or the FSLN.

Libel/Slander Laws: Although during the year the government did not use libel laws, independent media reported engaging in self-censorship due to the government’s previous use of libel laws. Slander and libel are both punishable by fines ranging from 120 to 300 times the minimum daily wage.

National Security: Human rights NGOs and civil society organizations argued the Sovereign Security Law was a basis for the government’s failure to respect civil liberties. Although not cited in specific cases, the law applies to “any other factor that creates danger to the security of the people, life, family, and community, as well as the supreme interests of the Nicaraguan nation.”

An NNP regulation restricts criticism of government policies and officials under the guise of protecting national security.

There were credible reports that the government monitored private online communications without appropriate legal authority and in some cases restricted or disrupted access to the internet or censored online content.

Several NGOs claimed the government monitored their email and online activity without appropriate legal authority. Domestic NGOs, Roman Catholic Church representatives, journalists, and opposition members alleged the government monitored their email and telephone conversations. Paid government supporters used social media and website commentary spaces to harass prominent members of civil society, human rights defenders, and well known journalists.

The government disclosed personally identifiable information to penalize the expression of opinions. As part of a continuing social media campaign against prodemocracy protests, ruling party members and supporters used social media to publish personal information of human rights defenders and civil society members. Civil society members alleged government offices provided the information. Government supporters also used the personally identifiable information to mark the houses of civil society members with either derogatory slurs or threats, then published photographs of the marked houses on social media.

There were government restrictions on academic freedom, and many students, academics, and researchers reported pressure to censor themselves.

Public universities expelled from school and erased the records of many university students who participated in prodemocracy protests. In many cases students who went into exile could not continue their studies abroad without their records. Entrances to public universities remained under surveillance by progovernment guards who regularly checked every visitor and also often by police. Some university rectors reported university enrollment following the prodemocracy uprising dipped to 50 percent of precrisis levels.

Human rights NGOs and civil society groups reported authorities required students in elementary and secondary public schools to participate in progovernment rallies while schools were in session. Political propaganda for the ruling party was posted inside public schools. Teacher organizations and NGOs alleged continuing FSLN interference in the school system through the use of school facilities as FSLN campaign headquarters, favoritism shown to members of FSLN youth groups or to children of FSLN members, politicized awarding of scholarships, and the use of pro-FSLN education materials.

Combined NNP and parapolice surrounded and harassed students inside university campuses during student protests in violation of university autonomy.

The government restricted freedoms of peaceful assembly and association.

The government did not respect the legal right to public assembly, demonstration, and mobilization. Prodemocracy marches and protests were not allowed during the year. Police failed to protect peaceful protesters from attacks; they also committed attacks and provided logistical support to other attackers. Human rights organizations reported police stopped traffic for and otherwise protected progovernment demonstrations.

The NNP consistently refused to accept applications or denied permits to use public spaces for prodemocracy marches, using unclear parameters. A denial of permission from the NNP resulted in significant repression and violence against protesters when they carried on with the protest. On September 21, the NNP used tear gas and shot marbles and pellets at prodemocracy protesters, whose application to march was denied by the NNP. Parapolice attacked Roman Catholic churches throughout the year during masses in commemoration of protesters killed during the April 2018 prodemocracy uprising.

On November 14, police surrounded a church in Masaya where Father Edwin Roman hosted a group of mothers of political prisoners on a hunger strike to demand of the release of their children. Police impeded access and prevented anyone inside the church from exiting, and later that day the government cut off water and electricity to the church. On November 15, the NNP arrested 16 individuals who arrived at the church to show solidarity with the striking mothers by providing them with water and charged those 16 individuals with trafficking weapons, munitions, and explosives. Local media and lawyers for the accused said police planted military-grade weapons inside the individuals’ vehicles after they were detained. An attorney for some of the detained individuals reported they had been beaten in prison. On December 2, Judge Adalberto Zeledon announced the trial of the 16 would begin on January 30, 2020.

On November 18, NNP officers and riot police, who had surrounded and blocked access to the Cathedral of Managua as families of political prisoners began a hunger strike inside, allowed inside the cathedral a group of at least 30 regime-aligned individuals, who assaulted Father Rodolfo Lopez and desecrated sacred items and spaces. The regime-aligned individuals spent the night camped out on the altar of the cathedral, menacing the hunger strikers who had locked themselves inside the sacristy. The siege ended on November 19 when the Red Cross evacuated the hunger strikers.

Through various press releases and arrests, the NNP claimed protesters were responsible for destruction of public and private buildings, setting fires, homicides, and looting. While the majority of protesters were peaceful, some turned violent as they responded to NNP and parapolice provocations and use of force by throwing stones and employing homemade mortars and weapons to defend their positions.

The law provides for freedom of association, including the right to organize or affiliate with political parties; nevertheless, the Supreme Electoral Council and National Assembly used their accreditation powers for political purposes. National Assembly accreditation is mandatory for NGOs to receive funding, have bank accounts, or employ workers licitly. The Ministry of the Interior has oversight of regulatory compliance by NGOs and provides certificates. Many NGOs that worked on topics of democracy, human rights, and women’s issues complained that the ministry purposefully withheld certification to hinder their work and access to funding. The Roman Catholic Church NGO Caritas publicly stated that the government retained humanitarian goods in customs with unclear requirements on how to get the products into the country.

For more information, see the Department of State’s International Religious Freedom Report at https://www.state.gov/religiousfreedomreport/.

d. Freedom of Movement

The law provides for freedom of internal movement, foreign travel, emigration, and repatriation, and the government generally respected these rights. The government strictly controlled the entry of persons affiliated with some groups, specifically humanitarian and faith-based organizations. The government may prevent the departure of travelers with pending cases; authorities used this authority against individuals involved in the protest movement. The law requires exit visas for minors.

Not applicable.

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. Only the executive branch or the country’s embassies abroad may grant asylum for political persecution. The Nicaraguan National Commission for Refugees had not met since 2015.

Durable Solutions: The government recognized 61 persons as refugees in 2015, the most recent year for which information was available. By mid-2018 the Office of the UN High Commissioner for Refugees counted 326 refugees or persons in refugee-like situations in the country.

Not applicable.

The constitution and law provide for freedom of speech, including for the press, but the government sometimes threatened and harassed journalists and members of the media.

Freedom of Expression: The government arrested civil society activists and pressured journalists who expressed criticism of the government.

From April to December, nine social media activists were either briefly detained, summoned, or arrested. In April Mohamedine Mohamed, a blogger, was arrested on the charge of working under the guise of a fake profile. On May 29, Bana Ibrahim Kaza, a young politician and blogger from Lumana-Africa, the largest opposition party, was detained for posting an article on his blog. On December 19, Kaocen Saidou Maiga was arrested for posting an article on social media about the December 10 terrorist attack in which 71 soldiers were killed at an army camp at Inates.

Violence and Harassment: Authorities occasionally subjected journalists and civil society activists to harassment apparently linked to their reporting. The government broadly excluded opposition journalists from official press conferences and events.

On December 24, four members of the steering committee of the Association of Bloggers for Active Citizenship including its founder, Samira Sabou Ibrahim, were interrogated at the Passport Authority’s Office following a request they submitted in order to obtain an authorization for their association to operate legally in the country.

Censorship or Content Restrictions: Journalists believed they did not practice self-censorship, but they admitted some topics were taboo. Opposition journalists reported sometimes encountering pressure against antigovernment speech. Public media generally did not cover the statements or activities of opposition parties and civil society organizations critical of the government.

On July 26, the Niamey High Court confirmed a verdict by the Court of Niamey finding the government culpable for the illegal closing of the Labari radio and television chain in March 2018. The Niamey High Court affirmed a 10 million CFA francs ($17,000) fine for damages and interest incurred by Labari. The government had one month to appeal the decision. The Labari press group was owned by Ali Idrissa, a civil society activist and coordinator of the Network of Organizations for Budgetary Transparency and Analysis, who accused the government of taking actions to silence him and his press.

National Security: The declaration of the state of emergency in Diffa, Tillabery, and Tahoua Regions grants the government special authority over media for security reasons. Responding to an increased rate of terrorist attacks, the government extended the state of emergency for a further three months at year’s end in these regions. Furthermore, the National Security Council, led by President Issoufou, issued a note prohibiting the use of motorcycles in the Tillabery Region and certain parts of Doso Region.

The government did not restrict or disrupt access to the internet, but it monitored online content and used Facebook postings as a basis to charge civil society activists with crimes. For example, Ali Tera, who was deported from the United States in April for overstaying his visa, was arrested based on his online activity in which he was critical of the government, including calling for the president’s assassination. Ali Tera remained in detention.

In June the National Assembly adopted a law intended to counter cybercriminality but regulates social media use by criminalizing “blackmail,” propagation of “fake news,” “defamatory writings,” “hate speech,” or “libel” on social media. Offenders could face from six months to three years in prison and pay a fine ranging from one to five million CFA francs ($1,700 to $8,500). Critics of the law believed it aims to silence social media, journalists, and bloggers from exerting their rights on the internet, since authorities were increasing restrictions on traditional press.

The government proposed a new system for government appointment of university chancellors instead of election by university professors and staff. Through May teachers held strikes at public universities across the country, demanding the continuation of the election process within the university system and the payment of several months of unpaid salaries. In April the National Assembly passed the government’s proposed system. On May 23, however, the National Union of Higher Education Teachers (SNECS) asked its members to suspend strikes following a memorandum of understanding signed with the government.

The Minister of Higher Education Yahouza Sadissou, and the Secretary General of SNECS Na-Balla Adare, agreed to enter discussion on all points raised by SNECS. The minister also agreed to return the payroll deductions for strike action by SNECS activists and to pay backlogged salaries for teacher researchers by August 2020.

The government at times restricted freedoms of peaceful assembly and association.

Although the constitution and law provide for freedom of assembly, police sometimes forcibly dispersed demonstrators. The government retained authority to prohibit gatherings under tense social conditions or if organizers did not provide 48-hour advance notice.

On December 26, the Niamey Special Delegate’s Office, acting in its capacity of mayor, issued a statement banning a peaceful protest scheduled for December 29 by a coalition of civil society associations against recurring deadly terrorist attacks in the country and the presence of foreign military troops. The mayor justified the ban noting fears of outbreak of social upheaval. Civil society members planned to express their frustration with the government for the December 10 terrorist attack at the military camp in Inates in which 71 soldiers were killed. Despite the stated ban, a peaceful protest took place.

The constitution and law provide for freedom of association, and the government generally respected this freedom; however, government representatives accused human rights-related civil society organizations of being “putschist” or intending to overthrow the government. The law does not permit political parties based on ethnicity, religion, or region.

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

d. Freedom of Movement

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

In September the National Agency to Fight Against Trafficking in Persons organized a meeting with various courts, attorneys general, and appropriate officials from the Ministries of Justice and Interior to review the nation’s legal framework addressing trafficking in persons, migrant smuggling, and other irregular migration.

In-country Movement: Security forces at checkpoints throughout the country monitored the movement of persons and goods, particularly near major population centers, and sometimes demanded bribes. Transportation unions and civil society groups continued to criticize such practices.

The Office of the UN High Commissioner for Refugees (UNHCR) estimated there were more than 104,000 internally displaced persons (IDPs) in the Diffa Region, with almost 190,000 nationally, and 29,954 returnees displaced because of Boko Haram-instigated violence. These IDPs resided mainly in out-of-camp settings in the region. The government worked with foreign donors, international aid organizations, and NGOs to supply IDPs with shelter, food, water, and other necessities. The government engaged in efforts to promote the safe voluntary return or resettlement of IDPs. In December 2018 the National Assembly adopted a law based on the 2009 African Union Kampala Convention for the protection and assistance of persons fleeing violence, floods, drought, and other disasters, which would primarily benefit IDPs.

Intercommunal conflict between farmers and herders in northern Tillabery Region, combined with banditry and attacks by terrorist groups, resulted in population displacement. At the end of November, UNHCR reported approximately 55,030 IDPs in the Tillabery Region and 22,925 in the Tahoua Region.

As of June between 20,000 and 60,000 refugees entered Maradi Region, fleeing violence in the Zamfara and Sokoto States of Nigeria.

As of year’s end, UNHCR managed three refugee camps in the Tillabery Region (Tabareybarey, Mangaize, and Abala) and one official “refugee zone” in the Tahoua Region (Intikane), where refugees could settle freely with their livestock and thus maintain their traditional pastoral way of life. UNHCR estimated that in addition to the IDPs mentioned above, there were an estimated 56,500 Malian refugees in Tillabery and Tahoua Regions. UNHCR also managed one refugee camp in the Diffa Region with 14,500 refugees. UNHCR estimated that in addition to the 104,000 IDPs, there were more than 119,000 Nigerian refugees in the Diffa Region. More than 88 percent of refugees in the Diffa Region resided outside of formal camps.

A tripartite agreement between UNHCR and the governments of Niger and Mali, signed in 2014, provides a legal framework for voluntary returns respecting international standards. The parties considered conditions in parts of northern Mali were not yet conducive to returns in safety and dignity and therefore return was not being promoted.

Abuse of Migrants, Refugees, and Stateless Persons: There were reports that immigration and security service members demanded bribes from migrants. Refugees and IDPs in the Diffa Region were vulnerable to armed attacks and unlawful recruitment of child soldiers by Boko Haram and ISIS-WA. These refugees and IDPs were stigmatized by some in host communities, who believed they may harbor (intentionally or unintentionally) violent extremist organization elements.

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

Refoulement: In early May 2018, the government arrested and deported to Libya 132 Sudanese nationals without a deportation process or opportunity for appeal. These deportees were among a loose grouping of approximately 2,000 Sudanese migrants who, over the course of several weeks, had moved into Agadez and surrounding areas from Libya, where they had likely also been looking for work. UNHCR worked with the government to reconfirm the government’s commitment to allow those potentially seeking protection the time and space for their cases to be considered, and by May the government approved the asylum requests of the remaining Sudanese.

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

Temporary Protection: The government provided temporary protection to an unknown number of individuals who may not qualify as refugees under the 1951 Refugee Convention or its 1967 Protocol.

The government also allowed the International Organization for Migration to operate a repatriation program assisting migrants traversing Niger to return to their countries of origin.

Not applicable.

Although the constitution and law provide for freedom of speech and press, the government frequently restricted these rights. In an August press release, HRW expressed concern over threats to freedom of expression, saying recent arrests and detentions of journalists and activists indicated a growing intolerance of dissent.

Freedom of Expression: The constitution entitles every individual to “freedom of expression, including freedom to hold opinions and to receive and impart ideas and information without interference.” Although federal and state governments usually respected this right, there were reported cases in which the government abridged the right to speech and other expression.

Press and Media, Including Online Media: A large and vibrant private domestic press frequently criticized the government, but critics reported being subjected to threats, intimidation, and sometimes violence.

Violence and Harassment: Security services increasingly detained and harassed journalists, sometimes for reporting on sensitive problems such as political corruption and security. Security services including the DSS and police occasionally arrested and detained journalists who criticized the government. Moreover, army personnel in some cases threatened civilians who provided, or were perceived to have provided, information to journalists or NGOs on misconduct by the military.

Numerous journalists were detained, abducted, or arrested during the year and were still deprived of their liberty as of September, including Abubakar Idris, Stephen Kefas, Jones Abiri, Agba Jalingo, and others. Activist IG Wala was sentenced to seven years in prison, reportedly in retaliation for making ‘unsubstantiated allegations’ against government officials.

Censorship or Content Restrictions: The government controlled much of the electronic media through the National Broadcasting Commission (NBC), which is responsible for monitoring and regulating broadcast media. The law prohibits local television stations from transmitting programming from other countries except for special religious programs, sports programs, or events of national interest. Cable and satellite transmission was less restricted. For example, the NBC permitted live transmission of foreign news and programs on cable and satellite networks, but they were required to dedicate 20 percent of their programming time to local content.

Journalists practiced self-censorship. Journalists and local NGOs claimed security services intimidated journalists, including editors and owners, into censoring reports perceived to be critical of the government.

Libel/Slander Laws: Libel and slander are civil offenses and require defendants to prove truthfulness or value judgment in news reports or editorials or pay penalties. The requirement limited the circumstances in which media defendants could rely on the common law legal defense of “fair comment on matters of public interest,” and it restricted the right to freedom of expression. Defamation is a criminal offense carrying a penalty for conviction of up to two years’ imprisonment and possible fines.

There were few government restrictions on access to the internet, but challenges with infrastructure and affordability persisted.

Civil society organizations expressed concern regarding the broad powers provided by the Cybercrimes Act of 2015. The act has been used by some local and state governments to arrest opponents and critics for alleged hate speech. Those arrested were typically detained only briefly because the Cybercrimes Act had yet to be fully tested in the courts. There was increasing legislative interest and calls for regulating social media due to concerns it plays a role in accelerating rural and electoral violence.

The National Assembly passed the Digital Rights and Online Freedom bill in 2017. The legislation seeks to provide fundamental digital freedoms and protections to citizens, but it was not expected to clarify what constitutes hate speech. As of September, President Buhari had not assented to the bill becoming law.

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

The constitution and law provide for freedom of assembly. The government occasionally banned and targeted gatherings when it concluded their political, ethnic, or religious nature might lead to unrest. Open-air religious services held away from places of worship remained prohibited in many states, due to fear they might heighten interreligious tensions.

In May, June, and July, members of a Shia political organization, the IMN, carried out a series of protests across the country in response to the continued detention of their leader, Sheikh Ibrahim El-Zakzaky. Police and military officials set up roadblocks and used other means to contain protesters in and around the capital city of Abuja. The protests turned violent on July 9, when IMN members broke through police barricades at the National Assembly. The police force responded and dispersed the crowd with tear gas. According to reports, IMN members disarmed some of the police officers involved, fatally wounding one officer and injuring others in the process. The IMN denied this allegation, saying 15 of its members were killed when police fired at the crowd.

The Senate called for the arrest of IMN members involved in the violence, while the House of Representatives called on the federal government to urgently engage the IMN to explore ways of resolving the conflict, expressing fears the IMN was fast evolving “the way Boko Haram started.” On July 22, the protests again turned violent, resulting in the torching of two ambulances and several deaths, including a journalist and a senior police official. On July 26, the federal government procured a court order to declare the IMN a terrorist organization and banning IMN assemblies. On September 10, despite the ban, the IMN proceeded with its Ashura procession in Bauchi, Gombe, Kaduna, Katsina, and Sokoto States. Clashes with law enforcement agencies in these states around the processions led to fatalities of 12 IMN protesters.

In August former presidential candidate, political activist, and founder of Sahara Reporters, Omoyele Sowore, was arrested after calling for nationwide protests with the tagline #RevolutionNow. Sowore was released on bail on December 5, nearly a month after he had met the bail requirements. On December 6, Sowore was re-detained by the DSS. Attorney General Malami ordered Sowore’s conditional release, and he was released from DSS custody on December 24. While #RevolutionNow protests took place in Lagos, Osun, Ondo, and Cross Rivers States, none were attended by more than a few hundred participants. According to media reports, heavy security forces were deployed. When protests in Lagos and Osun became violent, police used tear gas to disperse protesters. Police arrested protesters in Lagos, Osun, and Cross River.

In areas that experienced societal violence, police and other security services permitted public meetings and demonstrations on a case-by-case basis. Security services sometimes used excessive force to disperse demonstrators during the year (see section 1.a.).

The constitution and law provide for the right to associate freely with other persons in political parties, trade unions, or other special interest organizations. While the government generally respected this right, on occasion authorities abrogated it for some groups. The government of Kaduna State continued its proscription of the IMN, alleging the group constituted a danger to public order and peace. In July the government extended that proscription nationwide and designated the IMN as a terrorist organization.

The Same Sex Marriage Prohibition Act (SSMPA), a law prohibiting marriages and civil unions among persons of the same sex, criminalizes the free association of any persons through so-called gay organizations. Citizens suspected of same-sex activities were frequently harassed, intimidated, and arrested. Rights groups reported that the SSMPA had a significant chilling effect on free association.

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

d. Freedom of Movement

The constitution and law provide for freedom of internal movement, foreign travel, emigration, and repatriation, but security officials restricted freedom of movement at times by imposing curfews in areas experiencing terrorist attacks and ethnic violence.

The government cooperated with the Office of the UN High Commissioner for Refugees (UNHCR) and humanitarian organizations in assisting refugees and asylum seekers through the National Commission for Refugees, Migrants, and IDPs. The government participated in a regional protection dialogue to continue to work through a tripartite agreement with UNHCR and Cameroon signed in March 2017 to ensure that any Nigerian refugees in Cameroon returning to Nigeria were fully informed and gave their consent. Nevertheless, the agreement was not fully enforced, and the return of Nigerian refugees to Nigeria was sometimes forced, uninformed, or dangerous. There were reports the government continued to participate in the return of Nigerian refugees from Cameroon that was not fully voluntary or informed (see “Refoulement”).

In-country Movement: The federal, state, or local governments imposed curfews or otherwise restricted movement in the states of Adamawa, Borno, and Yobe in connection with operations against Boko Haram and ISIS-WA. Other states imposed curfews in reaction to specific threats and attacks, and rural violence.

Police conducted “stop and search” operations in cities and on major highways and, on occasion, set up checkpoints. Many checkpoints operated by military and police remained in place.

Access to farmland remained a challenge for IDPs in the Northeast, particularly for those living with host communities. Many IDPs with access to farmland were told by the military to refrain from planting taller crops for security reasons. Distribution of fertilizers to areas with some farming opportunities was restricted due to the military’s suspicion that fertilizers such as urea could be used for military purposes.

IDPs, especially those in the Northeast, faced severe protection problems, including widespread sexual abuse of women and girls, some of which constituted sex trafficking (see section 1.g.). Security services continued to arrest and detain suspected Boko Haram and ISIS-WA members at IDP camps and in host communities, often arbitrarily and with insufficient evidence, and restricted family access to detainees. Other protection concerns included attacks or bombings, lack of accountability and diversion of humanitarian aid, drug abuse, hostility and insecurity, harassment of women and girls, and lack of humanitarian assistance for host communities.

NGOs reported having insufficient resources available to IDP victims of sexual and gender-based violence, who had limited access to safe, confidential psychosocial counseling and medical services or safe spaces. Women and girls abducted by Boko Haram, as well as the babies born as a result of rape during their captivity, faced stigmatization and community isolation.

Refoulement: There were reports the government participated in the return of Nigerian refugees from Cameroon who may have not been voluntary or properly informed. Insecurity in Nigeria prevented most forced returnees from returning to their places of origin. According to UNHCR, most remained in camps in Borno, where resources were scarce. Many did not have access to basic facilities such as shelter, drinking water, sanitation, or medical care.

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. Asylum seekers originated mainly from Cameroon, the Democratic Republic of the Congo, Central African Republic, Mali, Cote d’Ivoire, Togo, Sudan, and Guinea, with a majority living in urban areas in Cross River State, Lagos, and Ijebu Ode in Ogun State. According to UNHCR, approximately 45,000 Cameroonians fleeing the Anglophone Crisis sought refuge in Cross River, Benue, and Akwa Ibom States.

Durable Solutions: The country received a high number of returnees, both voluntary and forced, primarily in the Northeast. Accurate information on the number of returnees was not available. The government was generally unable to take action to reintegrate returning refugees. Many returnees did not find durable solutions and were forced into secondary displacement.

Temporary Protection: The government provided temporary protection to a few hundred individuals who may not qualify as refugees.

The country contributes to statelessness through birth registration problems. The government does not require birth registration, and the majority of births were unregistered. The 2013 Nigeria Demographic and Health Survey, the most recent data available, found that only 30 percent of births of children younger than age five were registered. Lack of documents did not result in denial of education, health care, or other public services. Most people did not become stateless because of their lack of birth registration; however, there were some reported cases where the government denied individuals citizenship because they did not have a birth registration and did not have another way to prove their citizenship.

The constitution provides for freedom of expression, including for the press, but the government prohibited the exercise of these rights.

Freedom of Expression: There were numerous instances of persons interrogated or arrested for saying something construed as negative towards the government. Australian citizen Alek Sigley was detained in June and later deported after the government cited “antistate incitement” in articles Sigley published in international publications. In its September report entitled North Korea’s Organization and Guidance Department: The Control Tower of Human Rights Denial, HRNK asserts that all citizens are required to participate in monitored political meetings and regular self-criticism sessions in order to demonstrate their loyalty to the Kim family, and that failure to participate enthusiastically can be punished including through forced labor, internal exile, detention, or denial of food and medical attention.

Press and Media, Including Online Media: The government sought to control virtually all information; independent media do not exist. Domestic journalists had no freedom to investigate stories or report freely. The government tightly controlled print media, broadcast media, book publishing, and online media through the Propaganda and Agitation Department of the Workers’ Party of Korea (WPK). Within the department, the Publication and Broadcasting Department controls all media content, including content used on television, in newspapers, and on the radio. The law allows for up to one-year sentences to a labor camp for North Koreans who access or disseminate unapproved broadcasts or content, and up to five years for multiple offenses.

The government carefully managed visits by foreigners, especially journalists, and has expelled or denied entry to foreign journalists. During visits by foreign leaders, authorities permitted groups of foreign journalists to accompany official delegations and file reports. In all cases the state strictly monitored journalists. Government officials generally prevented journalists from talking to officials or to persons on the street.

Censorship or Content Restrictions: Strict enforcement of domestic media censorship continued, with no toleration for deviation from official messages. The government prohibited listening to foreign media broadcasts except by the political elite, and violators were subjected to severe punishment. Radios and television sets, unless altered, received only domestic programming; radios obtained from abroad were altered for the same end. Elite citizens and facilities for foreigners, such as hotels, had access to international television broadcasts via satellite. The government continued attempts to jam all foreign radio broadcasts, but HRNK’s Digital Trenches: North Korea’s Information Counter-Offensive, released in December, noted that a proliferation of foreign broadcaster transmitters has in recent years begun to overwhelm the jamming effort. Officials imprisoned and punished citizens for listening to foreign radio or watching foreign television broadcasts and, in some cases, for simply owning radio or television sets able to receive nongovernment broadcasts.

National Security: Defector and NGO reports included accounts of North Koreans detained and punished, including by execution, for antistate crimes including criticism of the government and Kim Jong Un.

Internet access was limited to high-ranking officials and other designated elites, including selected university students. According to HRNK’s Digital Trenches: North Korea’s Information Counter-Offensive, the government maintains complete visibility of all network traffic. The Korea Computer Center, which acts as the North Korean gatekeeper to the internet, granted access only to information it deemed acceptable, and employees constantly monitored users’ screens.

A tightly controlled and regulated “intranet” was reportedly available to a growing group of users centered in Pyongyang, including an elite grade school; selected research institutions, universities, and factories; and a few individuals. The NGO Reporters without Borders reported some email access existed through this internal network. Government employees sometimes had limited, closely monitored access to email accounts. While the cell phone network was 3G-capable most users’ data access was limited to a few state sanctioned functions through intranet, such as reading the government newspaper. HRNK reported that the government installed monitoring programs on every smartphone and tablet that, among other things, log every webpage visited and randomly take undeletable screenshots.

The government restricted academic freedom and controlled artistic works. School curricula were highly controlled by the state. The government severely restricted academic travel. The primary function of plays, movies, operas, children’s performances, and books was to buttress the cult of personality surrounding the Kim family and support of the regime.

Foreign government and NGO workers in the DPRK reported the continuation of the Mass Games, which required much of the youth population to prepare synchronized gymnastics and dance performances for long hours at heightened risk of injury and exhaustion and with no medical attention.

The state carried out systematic indoctrination through the mass media, schools, and worker and neighborhood associations. Such indoctrination involved mass marches, rallies, and staged performances, sometimes including hundreds of thousands of persons.

The government continued its attempt to limit foreign influence on its citizens. Individuals accused of viewing or possessing foreign films were reportedly subjected to imprisonment and possibly execution. According to KINU’s white paper for 2018, defectors reported widely disseminated proclamations stating that those caught watching South Korean movies or listening to South Korean music would be sentenced to death. According to KINU’s white paper for 2017, the number of people executed for watching or distributing South Korean video content increased during the last few years, with additional reports of correctional labor punishment. In December, HRNK reported the government’s introduction of a file watermarking system on Android smartphones and on personal computers that adds a user- or device-specific data string to the end of the filename of any media file each time it is shared.

Based on defector interviews conducted in 2015, InterMedia estimated as many as 29 percent of defectors listened to foreign radio broadcasts while inside North Korea and that approximately 92 percent of defectors interviewed had seen foreign DVDs in North Korea. HRNK notes in Digital Trenches: North Korea’s Digital Counter-Offensive that younger North Koreans prefer foreign digital video content over foreign radio broadcasts.

The government maintained efforts to prevent the import of South Korean popular culture, especially television dramas. According to media and NGO reports, police could search homes to enforce restrictions on foreign films. According to InterMedia, the government added a software-based censorship program known as the “signature system” to all domestic mobile telephones. This system makes it impossible to view foreign media on the phones. Mobile telephones are randomly inspected physically for illegal media, and a history of all activity on the device is available for export upon inspection through monitoring software called “TraceViewer.” NW News reported in October that Kim Jong Un created a special police unit to restrict and control the flow of outside information into the country.

The government severely restricted freedoms of peaceful assembly and of association.

While the constitution provides for freedom of peaceful assembly, the government did not respect this provision and continued to prohibit public meetings not previously authorized and not under government control.

The constitution provides for freedom of association, but the government failed to respect this provision. There were no known organizations other than those created by the government. Professional associations existed primarily to facilitate government monitoring and control over organization members.

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

d. Freedom of Movement

The law provides for the “freedom to reside in or travel to any place;” however, the government did not respect this right.

In-country Movement: The government restricted freedom of movement for those lawfully within the state. Those who violated travel regulations were subject to warnings, fines, or forced labor. Only members of a very small elite class and those with access to remittances from overseas reportedly had access to personal vehicles. Security checkpoints on main roads at entry and exit points from every town hampered movement. KINU’s white paper for 2019 reported that individuals were able to move more freely within their own province as the use of bribery as a means to circumvent the law became more widespread. An increasing number of people traveled without a permit, only to pay a bribe when caught.

The government strictly controlled permission to reside in, or even to enter, Pyongyang, where food availability, housing, health, and general living conditions were much better than in the rest of the country. Foreign officials visiting the country observed checkpoints on the highway leading into Pyongyang.

Foreign Travel: The government restricted foreign travel. The government limited issuance of exit visas for foreign travel to officials and trusted businesspersons, artists, athletes, academics, and workers. Short-term exit papers were available on a very limited basis for some residents to visit relatives, undertake short-term work opportunities, or to engage in small-scale trade.

The government did not allow emigration, and reports stated that it continued to tighten security on the border during the year, dramatically limiting the flow of persons crossing into China without required permits. NGOs reported strict patrols and surveillance of residents of border areas and a crackdown on border guards who may have been aiding border crossers in return for bribes.

The law criminalizes defection and attempted defection. Individuals, including children, who cross the border with the purpose of defecting or seeking asylum in a third country are subject to a minimum of five years of “labor correction.” In “serious” cases, the state subjects asylum seekers to indefinite terms of imprisonment and forced labor, confiscation of property, or death. According to KINU’s white paper for 2018, most repatriated defectors are detained at kyohwasos in Jeongeori, North Hamgyeong Province, or Gaechon, South Pyeongan Province.

Many would-be refugees who returned involuntarily from foreign states received imprisonment under harsh conditions. Some sources indicated authorities reserved particularly harsh treatment for those who had extensive contact with foreigners, including those with family members resettled in South Korea.

Media reported in May 2018 that Kim Jong Un ordered government agencies to exert greater pressure on family members of defectors to pressure them to return home. Defectors reported that family members in North Korea contacted them to urge their return, apparently under pressure from North Korean officials. According to the South Korean Ministry of Unification, the number of North Korean defectors remained nearly the same from 2017 to 2018, and projected numbers were similar for 2019, according to a November Yonhap report.

Past reports from refugees noted the government differentiated between persons who crossed the border in search of food (who may be sentenced only to a few months of forced labor or in some cases merely issued a warning), and persons who crossed repeatedly for “political” purposes (who were sometimes sentenced to harsher punishment), including those who had alleged contact with religious organizations based near the Chinese border. The law stipulates a sentence of up to two years of “labor correction” for illegally crossing the border.

Exile: The government reportedly forced the internal exile of some citizens. In the past it forcibly resettled tens of thousands of persons from Pyongyang to the countryside. Sometimes this occurred as punishment for offenses and included those judged to be politically unreliable based on the social status of their family members.

Not Applicable.

The government did not cooperate with the Office of the UN High Commissioner for Refugees or other humanitarian organizations in providing protection and assistance to internally displaced persons, refugees, returning refugees, asylum seekers, stateless persons, and other persons of concern.

Access to Asylum: The law does not provide for granting asylum or refugee status, and the government has not established a system for providing protection for refugees. The government did not grant refugee status or asylum. The government had no known policy or provision for refugees or asylum seekers and did not participate in international refugee fora.

Not applicable.

The constitution provides for freedom of expression, including for members of the press. The government made progress in respecting media freedom and freedom of expression, but problems remained, including weak media independence, and violence toward and intimidation of journalists.

The May 29 EC report on the country noted the “overall situation and political climate for media continued to improve.” The report cited increased government efforts to support media through changes to legislation and financial subsidies for print media. The report also highlighted that professional organizations acknowledged the open dialogue and increased transparency of institutions.

Freedom House’s Freedom in the World 2019 report stated that “while the media and civil society are active, journalists and activists face pressure and intimidation.” The report noted the media landscape was “deeply polarized along political lines, and private media outlets were often tied to political or business interests that influenced their content. Some critical and independent outlets operated and were found mainly online.”

As of September the government had not taken measures to address a July 2018 open letter from media stakeholders expressing concern the legal changes to the electoral code, introduced the same month, would permit taxpayer money to be used for political campaigning in commercial media.

Freedom of Expression: The law prohibits speech that incites national, religious, or ethnic hatred and provides penalties for violations. Individuals may criticize the government publicly or privately.

Press and Media, Including Online Media: While outlets and reporting continued to be largely divided along political lines, the number of independent media voices actively expressing a variety of views without overt restriction continued to increase. Laws that restrict speech inciting national, religious, or ethnic hatred also cover print and broadcast media, publication of books, and online newspapers and journals.

A National Network against Hate Speech in Media was launched in January, led by the Media Ethics Council and supported by the OSCE. The network is comprised of 17 entities, including media and journalist associations, civil society, government, and other relevant stakeholders. In February an awareness campaign was launched under the motto, “Respect, Do Not Hate.” The government accepted these organizations and did not limit or restrict their activities.

In December 2018 and in February, the government amended its Law on Audio and Audiovisual Media Services (AAVMS). The May EC report noted implementing the law would require “strong political commitment to guarantee professionalism, respect for the principles of transparency, merit-based appointments and equitable representation.” OSCE representative on freedom of the media Harlem Desir welcomed the adoption of the amended law, saying it “is now in general accordance with European and international standards on audiovisual media.”

Government advertising on commercial channels is banned. The May EC report noted concerns the legal changes that permitted public funding of the September 2018 referendum campaign with commercial ad buys risked politicization of editorial policies.

The EC report also noted “further self-regulation efforts are required to improve professional standards and the quality of journalism.” The Media Ethics Council reported that as of August, 78 percent of complaints received were for unethical reports or fake news in online portals.

The Skopje Criminal Court issued a reprimand May 5 against 1TV for violating Electoral Code ad campaign regulations during the first round of presidential elections in April by continuing with political advertising beyond the legal deadline. On July 12, the Skopje Appeals Court upheld the first-instance verdict reprimanding 1TV for the violation.

Violence and Harassment: There were several cases of alleged threats and harassment against journalists during the year.

The head of the Association of Journalists of Macedonia, Mladen Chadikovski, told the Global Conference for Media Freedom on July 10-11 in London that impunity for cases of attacks on journalists remained a major problem and impeded freedom of expression. According to the Association of Journalists, the Ministry of Interior completed all 12 pending investigations of attacks on journalists since 2017, but no further action was taken except in one case. On May 17, Skopje’s Basic Court sentenced VMRO-DPMNE member Toni Mihajlovski to three-months’ probation for his June 2017 threats against journalist Branko Trickovski. The EC report noted the country should “continue paying attention to the swift and effective follow-up by law enforcement and judicial authorities of all instances of physical and verbal attacks against journalists.”

As of August 31, no progress was reported regarding the Basic Prosecution Office investigation into former head of the AJM Naser Selmani’s March 2018 complaint he received threats against his and his family’s lives from an individual affiliated with the Democratic Union for Integration party.

On April 16, journalists reporting on poor infrastructure in the village of Aracinovo said they received threats and verbal attacks from individuals reportedly linked to Mayor Milikije Halimi. The journalists alleged individuals forcibly escorted them to the municipality building after they refused to delete their recorded interviews. In a press release April 18, OSCE Representative on Freedom of the Media Harlem Desir condemned the intimidation, calling it a “blatant attack on freedom of the media.” Additionally, the Association of Journalists and the Audiovisual Media Services Agency condemned the attack. Police did not open an investigation because, according to them, the journalists did not officially report the case to police. The prosecution also did not open an investigation.

On June 4, the AJM and the Media Ethics Council (CMEM) strongly condemned the “explicit hate speech” against ethnic Albanians during the June 3-4 celebration in Skopje of Handball Club Vardar’s European Cup victory. AJM and CMEM expressed concern media failed to condemn the hate speech calling for violence and intolerance. The Helsinki Committee, NGO CIVIL, and ethnic Albanian political parties condemned the inflammatory speech, calling for the perpetrators to be brought to justice.

Censorship or Content Restrictions: There were some reports the government pressured journalists into self-censorship. In its May 29 report on the country, the EC noted, “There was no progress on improving the labor and social rights of journalists whose working conditions are very poor. Consequently, journalists still practice self-censorship. Lengthy negotiations led by the independent union of journalists and media workers did not result in any collective union agreement with any media outlet.”

Libel/Slander Laws: Persons found guilty of defamation, libel, and slander were subject to fines according to a schedule based on nonmaterial damage. The EC noted “preliminary steps have been taken to reduce fines for defamation to a symbolic amount which is expected to improve the sense of balance between freedom of expression and protection of reputation.”

Deputy Prime Minister Bujar Osmani of DUI announced January 29 his party would file slander charges against journalists and media for alleging some DUI officials had abused state pension funds. AJM reacted January 30, urging politicians to refrain from filing slander charges against journalists. On February 7, EC spokesperson Maja Kocijancic noted “threats of legal consequences for media for their reporting,” by political actors, reiterating the EC 2018 recommendation the country should demonstrate “zero tolerance for physical and verbal harassment, and threats against journalists.”

Government General Secretary Dragi Rashkovski announced July 2 slander charges against journalists and media portals for spreading fake news by alleging that he had been illegally involved in a bid for the purchase of an air navigation system. The AJM criticized Rashkovski’s “direct threats” against journalists as “pressure that may result in ‘self-censorship’.”

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

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

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

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

d. Freedom of Movement

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

A “state of crisis” has been in force for border areas adjacent to Greece and Serbia since 2015. It has been extended by the government every six months, including through year’s end. The state of crisis allows government authorities to regulate the entry and transit of migrants. Since the closure of the “Western Balkans Route” in 2016, migrants apprehended in these areas were regularly placed in contained temporary transit centers, near the border, and pushed back to the prior transit country within days. No freedom of movement was ensured for migrants while in the transit centers or the reception center for smuggled foreigners, nor was a formal removal or readmission procedure established.

In-Country Movement: The Office of the UN High Commissioner for Refugees (UNHCR) estimated that approximately 25,000 persons transited the country from January 1 to August 31, but neither UNHCR nor the International Organization for Migration (IOM) registered any hate crimes against them. UNHCR did not note any in-country movement restrictions for internally displaced persons (IDPs), refugees, or stateless persons.

According to the Ministry of Labor and Social Policy (MLSP), 112 persons (26 families) remained displaced from the 2001 internal armed conflict, seven (three families) lived in collective housing centers, and 105 persons (25 families) were in private accommodations or with host families. The government provided protection and assistance, and supported safe, voluntary, and dignified returns, as well as resettlement or local integration of IDPs. There were no reports of IDPs suffering abuses.

Despite having no national policy document, the government generally observed the UN Guiding Principles on Internal Displacement.

Abuse of Migrants, Refugees, and Stateless Persons: The government cooperated with UNHCR, the IOM, and other humanitarian organizations in providing protection and assistance to IDPs, refugees, returning refugees, asylum seekers, migrants, stateless persons, and other persons of concern.

Authorities undertook significant measures to combat and detect cases of migrant smuggling. During the year the government established a task force comprised of representatives from the Ministry of Interior and prosecutors from the Public Prosecutor’s Office for Organized Crime and Corruption. The May EC report noted the problem of smuggling needed to be continuously addressed, as the country continued to be under severe pressure due to its geographic location.

The 2018 Helsinki Committee for Human Rights Annual Report stated, “The provision limiting the freedom of movement of asylum seekers was retained. Namely, Article 63 prescribes that freedom of movement shall be restricted in extraordinary circumstances, in order to determine the identity and citizenship, and establish the facts and circumstances of the asylum requests, particularly if a risk for escape has been determined, in order to protect the order and national security or when a foreigner is retained for the purposes of initiating a procedure for his return or removal.”

The IOM stressed the movement of migrants through the Western Balkans route was facilitated by smuggling networks, which exposed the migrants to significant risks of abuse and exploitative practices, including trafficking in human beings.

A multisector system and standard operating procedures (SOPs) were in place to ensure protection of the victims of gender-based violence. UNHCR considered the system needed strengthening and a systemic application of SOPs, especially regarding case identification.

Refoulement: UNHCR assessed access to asylum practices had consistently improved since 2016, and that previous concerns regarding the arbitrary practice of denying access to asylum had been addressed. During the year there were no instances of forceful returns of asylum seekers or refugees to unsafe countries recorded, or inappropriate pressure by any countries to return them to their country of origin.

Access to Asylum: The law provides for granting asylum or refugee status, and the government has established a system to provide protection to refugees. UNHCR reported, however, that the mechanism for adjudicating refugee status failed to provide basic procedural guarantees and proper determinations as prescribed in the law. It reported that 252 migrants applied for asylum in the first eight months of the year. No person was granted refugee status or a subsidiary form of protection.

In April 2018 parliament adopted a new Law on International and Temporary Protection. The Macedonian Young Lawyers Association (MYLA) stated the new law addressed some of the shortcomings of the old law pertaining to the right to family reunification and access to asylum, but it unduly limited asylum seekers’ freedom of movement. The IOM expressed similar concerns regarding the new law. On September 14, the Constitutional Court dismissed MYLA’s May 2018 petition challenging articles 63 and 65 of the law.

The government issued identity documents to recognized refugees and persons under subsidiary protection, but authorities frequently delayed or failed to issue identification documents to new asylum seekers.

Migrant populations detained in the Transit Center for Foreigners were impeded from accessing asylum. An asylum application by a person held in the Reception Center for Foreigners (a closed-type facility in Gazi Baba) would only be possible after the person gave a statement before the court, in criminal proceedings, against their smugglers. During the year approximately 50 percent of all asylum requests registered in the country were processed through the Reception Center for Foreigners.

During the year the Administrative and the Higher Administrative Courts continued to avoid ruling on the merit of asylum applications, despite having the requisite authority, according to MYLA. They routinely returned the cases to the Ministry of Interior for further review.

Freedom of Movement: According to UNHCR, authorities detained some individuals intercepted while being smuggled. The grounds for detention decisions are arbitrary. As a rule, persons are supposed to be detained until their identity can be established. They were routinely detained after identification, however, to prevent them from escaping the country prior to providing testimony in court against smugglers. In addition, the majority of asylum seekers who were previously detained reported they were not issued detention decisions, or if they did receive such decisions it was in a language they could not understand, impeding them from exercising their right to judicial review.

MYLA also noted the practice of detaining illegal migrants and asylum seekers to secure their testimony in criminal proceedings continued during the year. Detention orders did not specify the legal grounds for detention, and there was no effective judicial review of the detention decisions. According to MYLA, as of August 28, at least 126 persons were detained as illegal migrants.

The average detention period during the year was 15 days, with the longest period being 45 days and the shortest period one day.

Some improvement was noted compared to previous years, as women, children, or families were generally not detained; alternatives to detention were employed instead. A Safe House, run by an NGO, was rented for these individuals, with international donor funding, so they were not placed in prison or in detention facilities. The individuals were monitored, however, and needed to report to authorities on a weekly basis.

The 2018 Law on International and Temporary Protection introduced the possibility of detaining asylum seekers, referred to in the law as “limitation of freedom of movement.” Under this provision, three asylum seekers were detained in the Reception Center for Foreigners, a closed facility. The law stipulates the “use of limitation of freedom of movement” should be a last resort. The law does not provide for adequate alternatives to detention. Through September 24, unaccompanied children and three women were held in detention.

Employment: There are no restrictions on refugees’ ability to work, and the law allows asylum seekers whose asylum procedure is not completed within nine months to apply for a work permit.

The 2018 Law on International and Temporary Protection also provides the right to work for persons granted subsidiary protection, as well as for asylum seekers, whose asylum request is not completed within nine months. Recognized refugees and persons under subsidiary protection with work permits were able to access the active labor market. Nevertheless, asylum seekers faced restrictions because of conflicting laws. By law, a foreigner needs to have a unique identification number assigned in order to be issued a work permit. Although an asylum seeker has the legal right to apply for a work permit after nine months in procedure, s/he has no right to be assigned a unique identification number, which by the same law is issued once a positive decision is granted. Consequently, an asylum seeker is granted the right to work but is unable to exercise it, a serious gap considering some procedures last for two to three years, including instances of judicial review.

Access to Basic Services: Asylum seekers, prior to a final decision on their asylum applications, had the right to basic health services, in accordance with the regulations on health insurance. The same applied to the right to education. To date, however, there were no cases of children coming from outside the region enrolled in state-run educational facilities. Upon recognition of status, persons with refugee status have the right to full health care provided under the same conditions as it is to citizens.

Durable Solutions: According to UNHCR none of the 394 individuals from the 1999 conflict in Kosovo who remained in the country returned to Kosovo during the year. No cases of resettlement were registered.

The law provides for naturalization of refugees residing in the country under preferred conditions, while persons under subsidiary protection may naturalize as any other foreigners do who stay legally in the country for a minimum of eight years. During the year one refugee and one person under subsidiary protection were naturalized.

Under the law the MLSP, in cooperation with the Interior Ministry and UNHCR, should facilitate the voluntary return of asylum seekers to their homes. There were no cases of assisted voluntary repatriation during the year.

UNHCR continued to assist rejected asylum seekers from Kosovo, whom the government allowed to stay in the country. The government issued them provisional identification documents to secure their access to services. The MLSP provided integrated, durable solutions with the support of UNHCR for approximately 274 refugees who had applied for integration into the country. The ministry provided social assistance, housing assistance, and access to education, health care, and the labor market.

Temporary Protection: The government could provide subsidiary protection to individuals who may not qualify as refugees, but there were no such protections granted during the year.

Some habitual residents were legally stateless, in spite of fulfilling one or more criteria for citizenship. According to consolidated statistics from the government, UNHCR, and NGOs, there were 569 stateless persons registered in the country at the end of the year. They were primarily Roma who lacked civil registration and documentation. Children born in the country to stateless persons are considered nationals and have access to birth registration and certification. A government program to register persons without documents was initiated in late 2018.

Some 281 persons have been recorded as habitual residents with undetermined nationality and at risk of statelessness since the dissolution of the former Socialist Federal Republic of Yugoslavia in 1991. The MLSP estimated some 500 children lacked birth certificates or personal name registration in the country. Early in 2018 the government initiated a program to register persons without documents. In July it reissued a public call for persons without birth certificates and personal name registration to apply for birth registry by the end of September.

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

Freedom of Expression: The law prohibits “threatening or insulting anyone, or inciting hatred or repression of or contempt for anyone because of his or her: (a) skin color or national or ethnic origin; (b) religion or life stance; (c) sexual orientation or lifestyle; or (d) disability.” Violators are subject to a fine or imprisonment for not more than three years.

Press and Media, Including Online Media: Independent media were active and expressed a wide variety of views without restriction. The prohibitions against hate speech applied also to the print and broadcast media, the publication of books, and online newspapers and journals.

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

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

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

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

d. Freedom of Movement

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

Not applicable.

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. Nongovernmental organizations (NGOs) such as NOAS and Amnesty International criticized the government for issuing instructions to immigration authorities that more strictly interpreted immigration and asylum regulations as a means of restricting access to asylum without changing the underlying legislation. NOAS cited examples of the government’s redefining the level of civil safety in Somalia in order to withdraw or deny asylum to applicants by claiming it was “safe to return to Somalia.”

In one example in June, immigration authorities revoked the refugee status of a single mother of Afghan descent and her three children who had fled from Iran. Immigration authorities attempted to return them to Afghanistan even though none of the three children was born in Afghanistan and had never visited. The basis for the revocation was a claim by the government that it was safe for the family to return to Afghanistan. In the course of her detention, although the mother lapsed into unconsciousness, she was still placed on an airplane with the three children. Upon arrival in Istanbul, the mother, who had not regained consciousness, had to be returned to Norway for medical reasons. The minor children remained in Istanbul pending their deportation to Afghanistan. The Afghan government ultimately refused to accept them, forcing Norwegian officials to accept the children back after 10 days. Under these circumstances and due to the efforts of several NGO’s, the children were allowed to remain in the country pending an appeal of their immigration status.

Safe Country of Origin/Transit: The country is party to the EU’s Dublin III regulation, which allows the government to transfer asylum seekers to the European country determined to be responsible under the regulation for adjudicating the case.

Freedom of Movement: The law permits detention of migrants to establish their identity or to deport them if authorities deem it likely the persons would evade an order to leave. The detention is limited and subject to judicial review.

Employment: Regulations allow asylum seekers who reside in integration facilities to obtain employment while their applications are under review. Eligible asylum seekers must fulfill certain criteria, including possession of valid documentation proving identity, a finding following an asylum interview that the individual will likely receive asylum, and participation in government-defined “integration” programs that assist asylum seekers in adapting to Norwegian society by the use of educational resources such as language or job training.

Durable Solutions: The government offered resettlement for refugees in cooperation with the Office of the UN High Commissioner for Refugees (UNHCR). The government’s Directorate of Immigration had several programs to settle refugees permanently in the country.

Through the International Organization for Migration and other government partners, the government assisted the return of unsuccessful asylum seekers to their countries of origin through voluntary programs that offered financial and logistical support for repatriation. Identity documents issued by either the Norwegian or the returnee’s government are required in order to use this program. The government continued routinely to offer migrants cash support in addition to airfare to encourage persons with rejected asylum claims to leave the country voluntarily.

Individuals granted refugee status may apply for citizenship when they meet the legal requirements, which include a minimum length of residence of seven of the previous 10 years, completion of an integration course on Norwegian society and pass a language test.

The government continued to provide welfare and support for refugees living in the country as part of the government’s Integration Goals administered by the Ministry of Children and Families. In order to facilitate the transition of immigrants into productive members of society, certain categories of immigrants, including refugees, are eligible for programs designed to provide Norwegian language instruction, job training, job placement, access to schools and universities, and basic instruction for living in Norwegian society. Refugees and asylum applicants have access to welfare benefits for short-term or long-term housing and medical care, and are provided direct access to, or financial support for, necessities such as food, clothing, basic entertainment, and public transportation. Children are eligible to attend public schools and preschools as if they were citizens, and there are programs for children who have recently arrived and need language assistance prior to entering the regular education system.

In 2018 parliament passed legislation to allow dual citizenship. The new law will come into effect as of 2020, and thereafter eligibility for citizenship will no longer be contingent on renouncing one’s prior citizenship.

Temporary Protection: Through the end of August, the government provided temporary humanitarian protection to 48 individuals who may not qualify as refugees. The permits for temporary protection may be renewed and can become permanent. The government provided temporary protection to fewer than 10 unaccompanied minors, who were granted residence permits in the country until the age of 18. NOAS and the NGO Norwegian Refugee Council claimed that the government’s policy is not to renew temporary protection for these minors when they turn 18 so they may be deported, even though the circumstances that led to their humanitarian protection remain unchanged.

According to UNHCR 2,809 stateless persons lived in the country at the end of 2018; they were not counted as refugees. According to the Directorate of Immigration, at the end of August, an additional 81 stateless asylum seekers lived in reception centers, a decrease of 50.6 percent from the same period in 2018. Of these, 28 persons had permission to stay, and 87 were under orders to leave the country. The remainder continued the asylum application process.

The government effectively implemented laws and policies to provide stateless persons the opportunity to gain nationality on a nondiscriminatory basis. NOAS believed, however, the process was deficient because, while there is a well-defined process for stateless persons to gain nationality, it found the government’s process for being declared stateless to be ambiguous and difficult to achieve.

The law provides for limited freedom of speech and press, but authorities did not always respect these rights. Journalists and writers exercised self-censorship.

Freedom of Expression: The law prohibits criticism of the sultan in any form or medium, as well as any “provocative propaganda to undermine the prestige of the state,” electronic communication that “might prejudice the public order or religious values,” and “defamation of character.” Therefore, it is illegal to insult any public official or private citizen. Authorities have prosecuted individuals for writing about the sultan in a way the government perceived to be negative. In January 2018 the government issued a new penal code that generally increased maximum penalties for crimes related to “undermining the state.” International human rights organizations expressed concern that the 2018 penal code contains vaguely defined articles that the security services could use to target activists and further restrict freedom of expression, including online.

In September the ROP arrested an expatriate for posting a video on social media in which he threw his Omani residency card on the ground and allegedly used “abusive language” about the police. In November human rights organizations reported that authorities arrested Musallam Al-Ma’ashani at the Sarfait border crossing upon his return to Oman from Yemen. These groups and social media users claimed authorities arrested Al-Ma’ashani for printing a book documenting tribal activities in Dhofar, which he intended to submit to the Ministry of Information for display at the 2020 Muscat International Book Fair. According to social media posts, authorities released Al-Ma’ashani on November 25 on bail after approximately two weeks in detention.

Press and Media, Including Online Media: Media did not operate freely. Authorities tolerated limited criticism in privately owned newspapers and magazines; however, editorials generally were consistent with the government’s views. Although mainstream social debate occurred in traditional and social media (especially on Twitter), the government and privately owned radio and television stations did not generally broadcast political material criticizing the government.

In January human rights observers reported that police briefly detained two journalists from the Hala FM radio station while they covered a protest in Muscat over unemployment. The journalists were reportedly released the same day. Some social media users who photographed and recorded the same protest claimed the ROP forced them to delete their photos and videos.

According to human rights organizations, authorities arrested at least two individuals in February for criticizing on social media the government’s contacts with Israel.

In 2017 the Supreme Court upheld previous court rulings and permanently shut down al-Zaman, an independent newspaper. A journalist and an editor of the paper served prison sentences and were released in 2017. A second journalist was convicted and sentenced, but later acquitted. Human rights organizations claimed the closure of al-Zaman had a chilling effect upon freedom of expression in the country.

Authorities required journalists to obtain a license to work; freelance journalists were ineligible for a license.

Violence and Harassment: Some journalists reported harassment by high-level government officials for printing stories perceived as critical of their particular ministries.

Censorship or Content Restrictions: Headlines in both public and private media print outlets were subject to an official nontransparent review and approval process before publication. Journalists and writers exercised self-censorship. The law permits the Ministry of Information to review all media products including books produced within or imported into the country. The ministry occasionally prohibited or censored material from domestic and imported publications viewed as politically, culturally, or sexually offensive. The OHRC reported that four publications violated the printing law and were therefore not permitted in the country. There is only one major publishing house in the country, and publication of books remained limited. The government required religious groups to notify the Ministry of Endowments and Religious Affairs before importing any religious materials.

Libel/Slander Laws: Libel is a criminal offense, which allows for up to one year’s imprisonment and a fine of up to 1,000 rials ($2,600).

National Security: The government prohibited publication of any material that “undermines the prestige of the state.”

The law restricts free speech exercised via the internet, and the government enforces the restrictions. The law allows authorities to prosecute individuals for any message sent via any medium that “violates public order and morals.” The law details crimes that take place on the internet that “might prejudice public order or religious values” and specifies a penalty of between one month and a year in prison and a minimum fine of 1,000 rials ($2,600). Authorities also applied the law against bloggers and social media users who insult the sultan.

The government’s national telecommunications company and private service providers make internet access available for a fee to citizens and foreign residents. Internet access is available via schools, workplaces, wireless networks at coffee shops, and other venues, especially in urban areas.

Authorities monitored the activities of telecommunications service providers and obliged them to block access to numerous websites considered pornographic, or culturally or politically sensitive. The criteria for blocking access to internet sites were neither transparent nor consistent. Authorities sometimes blocked blogs as well as most VoIP technologies, such as Skype.

Website administrators or moderators monitored content and were reportedly quick to delete potentially offensive material in chat rooms, on social networking fora, and on blog postings. Some website administrators posted warnings exhorting users to follow local laws and regulations.

The government restricted academic freedom and cultural events. Academics largely practiced self-censorship. Colleges and universities were required to have permission from the Ministry of Foreign Affairs and the Ministry of Higher Education before meeting with foreign diplomatic missions or accepting money for programs or speakers.

The government censored publicly shown films, primarily for sexual content and nudity, and placed restrictions on performances in public venues. The law also forbids dancing in restaurants and entertainment venues without a permit.

The government restricted freedoms of peaceful assembly and association. Human rights organizations expressed concern that overly broad provisions in the penal code could further restrict the work of human rights activists and limit freedoms of peaceful assembly and association.

The law provides for limited freedom of assembly, but the government restricted this right. Under the penal code, gatherings of 10 or more persons in a public place are unlawful if they “endangered the public security or order” or “influenced the function of authorities.”

In January human rights observers reported that police in Salalah detained as many as 20 individuals for protesting unemployment. Several social media users who claimed to know some of the protestors asserted that they remained in detention for at least two days.

Private sector employees in the energy and industrial manufacturing sectors threatened strikes in isolated cases; however, company leadership used incentives like promises of job security and other material benefits to persuade organizers to call off strikes (see section 7.a.).

The law provides for freedom of association for undefined “legitimate objectives and in a proper manner.” Examples of such associations include registered labor unions and social groups for foreign nationalities.

The government limited freedom of association in practice by prohibiting associations whose activities it deemed “inimical to the social order” or otherwise inappropriate. A royal decree stipulates citizens joining groups deemed harmful to national interests could be subject to revocation of citizenship.

Associations must register with their corresponding ministries, which approve all associations’ bylaws and determine whether a group serves the interest of the country. The time required to register an association ranged from two months to two years. Approval time varied based on the level of preparedness of the applying organization, the subject matter of the organization, its leadership, and the organization’s mission. The law limits formal registration of nationality-based associations to one association for each nationality and restricts activities of such associations. The government sometimes denied permission for associations to form.

The penal code forbids associations from conducting any kind of fundraising without government approval, including for charitable causes. Individuals convicted of accepting unlawful funding for an association may receive up to one year in jail and a fine of 2,000 rials ($5,200). Foreign diplomatic missions are required to request meetings with nongovernmental associations through the Ministry of Foreign Affairs by diplomatic note. Associations may not meet with foreign diplomatic missions and foreign organizations without prior approval from the Ministry of Foreign Affairs. The government enforced this law, and all foreign-funded educational and public diplomacy programs required prior government review.

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

d. Freedom of Movement

The law provides for freedom of internal movement and repatriation, and the government generally respected these rights. Citizens could generally travel freely outside the country, although that right is not codified. Citizens related to citizens living abroad who criticized the government reportedly were told not to leave the country. Office of the UN High Commissioner for Refugees personnel occasionally visited the country but did not maintain an office or personnel locally.

In-country Movement: There are no official government restrictions on internal travel for any citizen. The government must approve on a case-by-case basis official travel by foreign diplomats to the Dhofar and Musandam regions. There were reports many foreign domestic employees had their passports confiscated by employers, who sponsor the foreign workers, even though the law prohibited this practice. In February an Egyptian foreign worker posted a video online in which she alleged that her sponsor was holding her passport, rendering her unable to travel to Egypt to visit her dying mother.

Employers have a great amount of control over these workers, particularly domestic workers who are not covered by existing labor laws. The country’s visa-sponsorship system (kafala) ties migrant workers to their employers and prevents them from changing jobs without their sponsor’s consent. Migrant workers generally cannot work for a new employer in the country within a two-year period without the permission of their current employer, even if they complete their contract. Employers can have a worker’s visa canceled arbitrarily. Workers who leave their jobs without the consent of their employer can be punished with fines, deportation, or reentry bans.

Foreign Travel: Foreign workers must obtain exit permits from their employer to leave the country legally. Exit permits may be denied when there is a dispute over payment or work remaining, leaving the foreign citizen in country with recourse only through local courts. In theory, courts provided recourse to workers denied exit permits, but the process was opaque with domestic workers consistently alleging that existing dispute resolution mechanisms were inadequate to protect them. In the past, travel bans–through confiscation of passports–were imposed on citizens involved in political activism. No new cases were reported during the year.

Not applicable.

Abuse of Migrants, Refugees, and Stateless Persons: The country has a large number of female migrant workers from India, Pakistan, Nepal, Bangladesh, Sri Lanka, Tanzania, and the Philippines, many of whom are employed as domestic workers. Nongovernmental organizations based outside the country and embassies of labor-sending countries alleged that domestic workers faced discrimination, to include physical, sexual, and psychological abuse. The country criminalizes slavery and trafficking, but enforcement was weak. Although forced labor is punished under the labor law, domestic workers are excluded from that law’s protections. In 2018 courts convicted 15 individuals for human trafficking crimes.

The government generally did not allow refugees to remain in the country. The most recently available UNHCR data from February 2018 indicated that there were 51,000 individuals in the country who had fled conflict, including an estimated 5,000 Yemenis. The status of these individuals was precarious, as Oman does not have a national framework regulating issues related to asylum.

Refoulement: The government did not provide comprehensive protection to refugees from involuntary returns to countries where their lives or freedom could be threatened, subjecting refugees to the possibility of refoulement. Tight control over the entry of foreigners effectively limited access to protection for refugees and asylum seekers.

Access to Asylum: The laws provide for the granting of asylum or refuge for internally displaced persons, and the government has established a system for providing protection. The ROP’s system for granting asylum and resettlement is not transparent, and the law does not specify a timeframe in which the ROP must adjudicate an asylum application. It is current policy not to recognize refugees from conflict zones, such as Yemen, although the government provided temporary medical care to certain Yemeni citizens. In practice, there are no substantive legal protections for asylum seekers in the country.

Durable Solutions: When third-country nationals presented themselves on the Oman-Yemen border, the government worked with local embassies to facilitate a return to these individuals’ home countries. In cases where individuals could not return to their home country, like Syrians, the government would facilitate travel to a third country of their choice.

Temporary Protection: The government provided emergency medical care to certain Yemeni citizens who demonstrated they could not receive adequate care in Yemen. These Yemenis and one accompanying family member per patient were offered status in Oman during the treatment period.

Under the law citizenship is passed only through the father. Therefore, children born to foreign fathers and Omani citizen mothers in Oman risk statelessness.

The law provides for freedom of expression, including for the press, but there were constitutional restrictions. In addition, threats, harassment, violence, and killings led journalists and editors to practice self-censorship.

Freedom of Expression: The constitution provides for the right to free speech and the press, subject to “any reasonable restriction imposed by law in the interest of the glory of Islam” or the “integrity, security, or defense of Pakistan, friendly relations with foreign states, public order, decency or morality.” The law permits citizens to criticize the government publicly or privately, but court decisions have interpreted the constitution as prohibiting criticism of the military and judiciary. Such criticism may result in legal, political, or commercial reprisal. Blasphemy laws restrict individual rights to free speech concerning matters of religion and religious doctrine. According to the penal code, the punishments for conviction of blasphemy include the death sentence for “defiling the Prophet Muhammad,” life imprisonment for “defiling, damaging, or desecrating the Quran,” and 10 years’ imprisonment for “insulting another’s religious feelings.” The courts enforced the blasphemy laws, and although authorities have not executed any person for committing blasphemy to date, allegations of blasphemy have often prompted vigilantism and mob lynchings. The government restricted some language and symbolic speech based on hate speech and terrorism provisions.

Press and Media, Including Online Media: Threats, harassment, and violence against journalists who reported on sensitive issues such as civil-military tensions or abuses by security forces occurred during the year. Both the military, through the Director General–Inter-Services Public Relations, and government oversight bodies, such as the Pakistan Electronic Media Regulatory Authority (PEMRA)–enforced censorship. By law the government may restrict information that might be prejudicial to the national interest. Authorities used these laws to prevent or punish media criticism of the government and armed forces. To publish within Pakistan-controlled Kashmir, media owners had to obtain permission from the Kashmir Council and the Ministry of Kashmir Affairs. There were limitations on transmission of Indian media content. In February the Ministry of Information introduced restrictions to control “hate speech” including in social media. Rights activists reported the government had contacted Twitter asking them to take down accounts of activists deemed problematic.

Media outlets claimed the government pressured stations into halting broadcasting of interviews with opposition political party leaders. On July 1, former president Asif Zardari of the opposition Pakistan Peoples Party was seconds into an exclusive interview with a leading television news anchorperson, Hamid Mir of GEO-TV, when two stations simultaneously cut short their broadcasts. On July 11, an interview with opposition leader Maryam Nawaz of the Pakistan Muslim League (Nawaz) (PML-N) on Hum News was cut short. On July 26, television outlets halted live coverage of opposition leader Bilawal Bhutto Zardari’s speech at a party rally in Karachi attended by approximately 20,000 supporters.

PEMRA issued editorial directives to television stations during the year and authorized its chairperson to shut down any channel found in violation of the PEMRA code of conduct, primarily with regard to prohibiting telecasts of protests that might instigate violence. Starting in 2018 the Interior Ministry shut down the Islamabad office of Radio Mashaal, the Pashto language service of Radio Free Europe. The Ministry based its decision on an intelligence report claiming Radio Mashaal radio programs were “against the interests of Pakistan and in line with a hostile intelligence agency’s agenda.” The ban remained in effect at year’s end.

Violence and Harassment: Security forces, political parties, militants, and other groups subjected media outlets, journalists, and their families to threats and harassment. Female journalists in particular faced threats of sexual violence and harassment, including via social media, where they have a particularly strong presence. Security forces allegedly abducted journalists. Media outlets that reported on topics authorities view as sensitive were often the targets of retribution. Additionally, journalists working in remote and conflict-ridden areas lacked basic digital and traditional security skills, which increased pressure to self-censor or not cover a story.

According to sources, journalists were subjected to a variety of pressure tactics, including harassment and intimidation. The Committee to Protect Journalists did not confirm any targeted killings of journalists during the year. Assailants killed journalists during the year, but it was unclear whether their journalism was the motive for the killings. On May 4, an assailant killed Awaz Ali Sher Rajpar, a journalist affiliated with Sindhi daily Awami, in an attack on the Pad Eidan Press Club in Naushehro Feroze, Sindh. Rajpar had unsuccessfully requested police protection after a suspect in a corruption case threatened him because of his reporting of local corruption. Police arrested Rajpar’s first cousin, and authorities attributed his death to a family dispute.

On February 9, authorities arrested Rizwan-ur-Rehman Razi, a television journalist for Din News, for “defamatory and obnoxious posts” on his Twitter account against the “judiciary, government institutions and intelligence agencies.” Observers of the arrest allege authorities beat Razi.

Censorship or Content Restrictions: Media organizations generally engaged in self-censorship, especially in reporting news regarding the military; journalists stated they were under increased pressure to report the predetermined narrative during the year. Journalists reported regular denial of permission to visit conflict areas or being required to travel with a military escort while reporting on conditions in conflict areas. They reported pressure to produce articles with a military viewpoint. Other reporting tended to be relatively objective with a focus on facts rather than deeper analysis, which journalists generally regarded as risky. Both local and foreign journalists complained of harassment and intimidation by government officials. Blasphemy and anti-Ahmadi laws restricted publication on certain topics. Government censors reviewed foreign books before they allowed reprinting, but there were no reports of the government banning books during the year. Imported movies, books, magazines, and newspapers were subject to censorship for objectionable sexual or religious content. Obscene literature, a category the government defined broadly, was subject to seizure.

The government fined private television channels for alleged violations of the “code of ethics” and for showing banned content on-screen. Authorities reportedly used PEMRA rules to silence broadcast media by either suspending licenses or threatening to do so, or by without notice reassigning the cable channel number of a targeted outlet so that its programming would be hard or impossible to find on most televisions. Many outlets resorted to self-censorship, particularly when reporting on religious or security issues. The Central Board of Film Censors previewed and censored sexual content and any content that glorified Indian heroes, leaders, or military figures in foreign and domestic films.

The government continued to use network access as a tool to exert control over media outlets. Media outlets seen as supportive of the PML-N faced distribution disruptions.

The Jang/Geo media group also reportedly faced harassment and newspaper distribution blockages. Unidentified individuals reportedly pressured newspaper vendors not to distribute the Urdu language Jang newspaper and its sister English language paper The News, and discouraged advertisers from advertising with the Jang/Geo group’s outlets. Cable operators dropped the Geo news channel from their cable systems, or repeatedly changed its assigned channel.

Media outlets reported the government increasingly used the infrastructure of the media system as well as government advertising, which makes up a large portion of media revenue, to suppress information deemed threatening. Media houses, acting as a government-influenced media syndicate, fired outspoken journalists deemed to be a threat. The government pressured distributors into restricting distribution or changing channels of outlets journalists deemed problematic, incentivizing media companies to censor their content.

National Security: Some journalists asserted authorities cited laws protecting national security to censor and restrict media distribution of material that criticized government policies, or military or public officials. The Electronic Media (Programs and Advertisements) Code of Conduct included a clause that restricted reporting in any area where a military operation was in progress.

Nongovernmental Impact: Nonstate actor violence against media workers decreased, but there is a history of militant and criminal elements killing, abducting, assaulting, and intimidating journalists and their families.

The Pakistan Telecommunications Authority (PTA) is responsible for the establishment, operation, and maintenance of telecommunications and has complete control of all content broadcast over telecommunication channels.

Since 2012 the government has implemented a systematic, nationwide content-monitoring and filtering system to restrict or block “unacceptable” content, including material that it deems un-Islamic, pornographic, or critical of the state or military forces. The restrictive 2016 Prevention of Electronic Crimes Act (PECA) gives the government sweeping powers to censor content on the internet, which authorities used as a tool for the continued clampdown on civil society. In March the FIA registered a case against senior journalist Shahzeb Jillani in Karachi under the PECA, accusing him of “defamatory remarks against the respected institutions of Pakistan” and cyberterrorism. Jillani alleged law enforcement agencies were directly involved in kidnapping citizens. In May a Karachi court dismissed charges against him, declaring the FIA failed to produce substantial proof against him.

The government blocked websites because of allegedly anti-Islamic, pornographic, blasphemous, or extremist content. The Ministry for Religious Affairs is responsible for reviewing and reporting blasphemous or offensive content to the PTA for possible removal, or to the Federal Investigative Agency for possible criminal prosecution. There were also reports the government attempted to control or block websites that advocated Baloch independence. There were reports the government used surveillance software. There was poor transparency and accountability surrounding content monitoring, and observers believed the government often used vague criteria without due process.

According to Coda Story, an online news platform, the country acquired the services of a Canada-based company to help build a nationwide “web monitoring system” that employs Deep Packet Inspection to monitor communications and record traffic and call data on behalf of the PTA.

The government generally did not interfere with academic freedom but restricted, screened, and censored certain cultural events with perceived antistate content. The government interfered with art exhibitions as well as musical and cultural activities. Holding such an event requires a government-issued permit, which the government frequently withheld.

On October 27, Karachi authorities shut down the art installation “Killing Fields of Karachi,” which featured 444 small concrete tombstones that each represented an alleged victim of former police officer Rao Anwar, who has been accused of being directly or indirectly involved in the killings of 444 persons in police encounters. The installation also included a documentary featuring the father of Naqeebullah Mehsud, who died in an allegedly fake police encounter that Anwar orchestrated.

The constitution and laws provide for the freedoms of peaceful assembly and association, but these freedoms were subject to restrictions.

Although the former FATA is under the same legal framework as the rest of the country, civil and military authorities continued to impose collective punishment through the West Pakistan Maintenance of Peace order, and Section 144 of the criminal code. These statutes effectively allow authorities to continue the longstanding practice of suspending the right to assemble or speak in the newly merged areas. By law district authorities may prevent gatherings of more than four persons without police authorization. The law permits the government to ban all rallies and processions, except funeral processions, for security reasons.

Authorities generally prohibited Ahmadi Muslims from holding conferences or gatherings. Ahmadis cited the refusal of local authorities to reopen Ahmadi mosques damaged by anti-Ahmadi rioters in past years as evidence of the ongoing severe conditions for the community.

During the year PTM mobilized its predominantly ethnic Pashtun supporters to participate in sit-ins and demonstrations to demand justice and to protest abuses by government security forces. Following the government’s pledge to take a harder line against PTM, the number of protests and rallies fell across the country. PTM activists continued to operate, although under much greater scrutiny after the arrest of most of the movement’s key leaders.

The constitution provides for freedom of association subject to certain restrictions imposed by law. The government maintained a series of policies that steadily eroded the freedom of international nongovernmental organizations (INGOs) and domestic NGOs to carry out their work and access the communities they serve. INGOs, UN organizations, and international missions must request government permission in the form of no-objection certificates (NOCs) before they may conduct most in-country travel, carry out certain project activities, or initiate projects. Slow government approvals to NOC requests, financial sustainability, and operational uncertainty significantly constrained INGO activity.

The government adopted a new online registration regime and a more restrictive operating agreement for INGOs in 2015. The registration process entails extensive document requirements, multiple levels of review, and constant investigations and harassment by the security apparatus and other government offices. In April, 20 INGOs whose applications for registration were denied by the Ministry of Interior in 2018, appeared before an interagency committee to appeal those initial rejections. The hearings did not provide the reasons for the original rejections to the INGOs, nor an opportunity to discuss how to adjust their programs to secure a successful appeal. The ministry has not announced the final decisions on the appeals.

The years of uncertainty regarding registration status negatively impacted even those INGOs that had not received final rejection notices. Those INGOs without a clear registration status found it difficult to develop long-term plans and attract long-term funding and must rely on local partners or centrally managed funding from their overseas headquarters. They faced additional barriers to fundraising, opening bank accounts, and obtaining tax-exempt status from the Federal Board of Revenue. No-objection certificates were hard to obtain in certain provinces without an approved registration, thus hindering implementation and monitoring of activities, even for INGOs that had initiated the new registration process. In cases where INGOs secured registration, they still faced staffing limitations and government interference in their programmatic activities and memoranda of understanding (MOUs) with local partners. INGOs also faced an uptick in visa denials for international staff and consultants. The lack of transparency and unpredictability of the registration process caused some INGOs to withdraw their registration applications and terminate operations in the country.

The government at both the federal and provincial levels similarly restricted the access of foreign-funded local NGOs through a separate registration regime, no-objection certificates, and other requirements. Authorities required NGOs to obtain no-objection certificates before accepting foreign funding, booking facilities or using university spaces for events, or working on sensitive human rights issues. Even when local NGOs receiving foreign funding were appropriately registered, the government often denied their requests for no-objection certificates. Domestic NGOs continued to face regular government monitoring and harassment, even if in possession of all required certifications.

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

d. Freedom of Movement

The law provides for freedom of internal movement and for uninhibited foreign travel, emigration, and repatriation, but the government limited 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, and other persons of concern.

In-country Movement: Government restrictions on access to certain areas of the former FATA and Balochistan, often due to security concerns, hindered freedom of movement. The government required an approved no-objection certificate for travel to areas of the country it designated “sensitive.”

Foreign Travel: The law prohibits travel to Israel, and the country’s passports include a statement that they are “valid for all countries except Israel”. Passport applicants must list their religious affiliation, and those wishing to be listed as Muslims, must swear they believe Muhammad is the final prophet and denounce the founder of the Ahmadi movement as a false prophet. Ahmadi representatives reported authorities wrote the word “Ahmadi” in their passports if they refused to sign the declaration.

According to policy, government employees and students must obtain no-objection certificates from the government before traveling abroad. Authorities rarely enforced this requirement for students, however.

The government prohibited persons on an exit control list from departing the country. The stated purpose of the list prevented departure from the country of “persons involved in antistate activities, terrorism, or related to proscribed organizations and those placed on the orders of superior courts.” Those on the list had the right to appeal to the courts to have their names removed.

Exile: The government refused to accept the return of some Pakistanis deported to Pakistan from other countries. The government refused these deportees entry to the country as unidentifiable Pakistani citizens, despite having passports issued by Pakistani embassies abroad.

Large population displacements have occurred since 2008 because of militant activity and military operations in KP and the former FATA. Returns continued amid improved security conditions. According to the UN Office for the Coordination of Humanitarian Affairs, 29,000 of the total 5.3 million affected residents remained displaced as of May. The government and UN agencies such as UNHCR, UNICEF, and the UN World Food Program collaborated to assist and protect those affected by conflict, who generally resided with host families, in rented accommodations, or to a lesser extent, in camps. Several internally displaced persons (IDP) populations settled in informal settlements outside of major cities, such as Lahore and Karachi.

The government required humanitarian organizations assisting civilians displaced by military operations to request no-objection certificates to access all districts in the former FATA. According to humanitarian organizations and NGOs, the certificate application process was cumbersome, and projects faced significant delays. The government maintained IDP camps inside and near former FATA districts where military operations took place, despite access and security concerns raised by humanitarian organizations. Humanitarian organization workers providing assistance in the camps faced danger when travelling to and within the former FATA. UN agencies maintained access to the camps and the affected areas mainly through local NGOs.

There were no reports of involuntary returns. Many IDPs reportedly wanted to return home, despite the lack of local infrastructure, housing, and available service delivery and the strict control that security forces maintained over returnees’ movements through extensive checkpoints. Other IDP families delayed their return or chose some family members to remain in the settled areas of KP where regular access to health care, education, and other social services were available. For IDPs who were unwilling or unable to return, the government coordinated support with the United Nations and other international organizations. The UN World Food Program distributed a monthly food ration to IDPs in KP displaced by conflict and continued to provide a six-month food ration to IDPs who returned to their areas of origin in the former FATA.

Despite large-scale recurring displacements of individuals due to natural disasters and disruptions caused by terrorist activities and counterterrorist operations, the government had not adopted specific legislation to tackle internal displacement problems. In addition, the National Disaster Management Act of 2010 does not provide any definition of IDPs or their rights.

Abuse of Migrants, Refugees, and Stateless Persons: The government provided temporary legal status to approximately 1.4 million Afghans formally registered and holding proof of registration cards. In June the PTI-led government continued its trend of granting longer-term extensions, approving a one-year extension through June 30, 2020. The country also hosts 878,000 Afghans with Afghan Citizen Cards but does not grant them refugee status. The government typically extends the validity of the Afghan Citizen Cards in short increments. In October the government granted a two-month extension through the end of the year.

Although fewer in number than in previous years, there were reports provincial authorities, police, and host communities continued to harass Afghan refugees. UNHCR reported that from January to October there were 1,234 arrests and detentions of refugees. UNHCR reported arrests and detentions were down 63 percent through September.

Access to Asylum: The law does not provide for granting asylum or refugee status. The country lacks a legal and regulatory framework for the management of refugees and migration. The law does not exclude asylum seekers and refugees from provisions regarding illegal entry and stay. In the absence of a national refugee legal framework, UNHCR conducted refugee status determination under its mandate, and the country generally accepted UNHCR decisions to grant refugee status and allowed asylum seekers who were still undergoing the procedure, as well as recognized refugees, to remain in the country pending identification of a durable solution.

Employment: There is no formal document allowing refugees to work legally, but there is no law prohibiting refugees from working in the country. Many refugees worked as day laborers or in informal markets, and local employers often exploited refugees in the informal labor market with low or unpaid wages. Women and children were particularly vulnerable, accepting underpaid and undesirable work.

Access to Basic Services: One-third of registered Afghan refugees lived in one of 54 refugee villages, while the remaining two-thirds lived in host communities in rural and urban areas and sought to access basic services in those communities. Afghan refugees could avail themselves of the services of police and the courts, but some, particularly the poor, were afraid to do so. There were no reports of refugees denied access to health facilities because of their nationality. In February the government permitted Afghan refugees to open bank accounts using their proof of registration cards.

The constitution stipulates free and compulsory education for all children between ages five and 16, regardless of their nationality. Any refugee registered with both UNHCR and the government-run Commissionerate of Afghan Refugees was, in theory, admitted to public education facilities after filing the proper paperwork. Access to schools, however, was on a space-available basis as determined by the principal, and most registered Afghan refugees attended private Afghan schools or schools sponsored by the international community. For older students, particularly girls in refugee villages, access to education remained difficult. Afghan refugees were able to use proof of registration cards to enroll in universities. Afghan students were eligible to seek admission to Pakistani public and private colleges and universities.

Durable Solutions: The government did not accept refugees for resettlement from other countries and did not facilitate local integration. The government does not accord Pakistani citizenship to the children of Afghan refugees, but it did establish a parliamentary committee to evaluate the possibility of extending citizenship to Pakistani-born children of refugees and stateless persons.

Statelessness continued to be a problem. There is no national legislation on statelessness, and the government does not recognize the existence of stateless persons. International and national agencies estimated there were possibly thousands of stateless persons because of the 1947 partition of India and Pakistan, and the 1971 partition of Pakistan and Bangladesh. In addition, UNHCR estimated there were sizable populations of Rohingya, Bihari, and Bengali living in the country, a large percentage of whom were likely stateless.

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

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

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

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

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

d. Freedom of Movement

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

Not applicable.

Access to Asylum: The law does not provide for granting asylum or refugee status. The government provided some protection against 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.

Not applicable.