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

Section 2. Respect for Civil Liberties, Including:

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

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

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

There continued to be claims the Immigration Department refused entry to a small number of persons traveling to the SAR for political reasons. In June, shortly before Chinese president Xi Jinping’s visit to the SAR, two Macau-based prodemocracy activists reported they were denied entry. In October Benedict Rogers, deputy chairman of the British Conservative Party’s Human Rights Commission, was refused entry to the SAR. The Immigration Department, as a matter of policy, declined to comment on individual cases. Activists and other observers contended that the refusals, usually of persons holding views critical of the central government, were made at the behest of mainland authorities.

Foreign Travel: Most residents easily obtained travel documents from the SAR government, although central government authorities in the past have not permitted some human rights activists, student protesters, and prodemocracy legislators to visit the mainland. Some students who participated in the 2014 protest movement previously alleged the central government’s security agencies surveilled the protests and blacklisted them.

PROTECTION OF REFUGEES

Refoulement: Under the “one country, two systems” framework, the SAR continued to administer its own immigration and entry policies and make determinations regarding “nonrefoulement” claims independently. The government’s Unified Screening Mechanism (USM) consolidated the processing of claims based on risk of return to persecution, torture, or cruel, inhuman, or degrading treatment or punishment. From 2009 to the end of December, 110 of the more than 15,000 nonrefoulement claims adjudicated were substantiated, according to government statistics. Also according to government statistics, at year’s end there were 5,899 nonrefoulement claims pending adjudication.

Persons wishing to file a nonrefoulement claim cannot do so while they have legally entered the SAR and must instead wait until they overstay the terms of their entry before they can file such a claim, which typically results in a period of detention followed by release on recognizance. Persons whose claims are pending are required to appear periodically before the Immigration Department.

Applicants and activists continued to complain about the slow processing of claims, which can take several years, a shortage of government-provided interpretation services, and limited government subsidies available to applicants. Activists and refugee rights groups also expressed concerns about the very low rate of approved claims, suggesting the government’s threshold for approving claims was far higher than other developed jurisdictions.

Access to Asylum: The SAR is not a signatory to the 1951 UN Refugee Convention or its 1967 protocol. Under the “one country, two systems” framework, these international agreements are not extended to Hong Kong even though the central government is a signatory. Persons whose nonrefoulement claims are substantiated through the USM do not obtain a status that allows them to permanently live and work in the SAR. Instead, they are referred to UNHCR for possible recognition as refugees and resettlement to a third country. Some nonrefoulement claimants had waited in the SAR for resettlement for years.

Employment: The government defines nonrefoulement claimants as illegal immigrants or “overstayers” in the SAR, and as such they have no legal right to work in the SAR while claims are under review.

Access to Basic Services: Persons with nonrefoulement claims under the USM were eligible to receive publicly funded legal assistance, including translation services, as well as small living subsidies. The children of nonrefoulement claimants could usually attend SAR public schools.

Guinea

Section 2. Respect for Civil Liberties, Including:

Guinea-Bissau

Section 2. Respect for Civil Liberties, Including:

Guyana

Section 2. Respect for Civil Liberties, Including:

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

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

Abuse of Migrants, Refugees, and Stateless Persons: NGOs reported some displaced Venezuelan women experienced rights violations, including sexual exploitation, by government officials. NGOs also reported displaced Venezuelans received a lower standard of health and social care, but the government denied these reports.

In-country Movement: The law requires that local village councils grant permission in advance for travel to indigenous areas, but most individuals traveled in these areas without a permit.

PROTECTION OF REFUGEES

Access to Asylum: The law does not provide for protection of asylum seekers. Although the government is not a signatory to the 1951 Convention on Refugees, the government reported that it did not prosecute or deport Venezuelans seeking refuge. In the absence of national legislation and requisite government capacity, UNHCR assumed the main responsibility for determination of refugee status.

Haiti

Section 2. Respect for Civil Liberties, Including:

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

The law provides for freedom of internal movement, foreign travel, emigration, and repatriation, and the government generally respected these rights. The government cooperated with international and humanitarian organizations, as well as other countries, in providing protection and assistance to internally displaced persons (IDPs), refugees, returning refugees, asylum seekers, stateless persons, or other persons of concern.

INTERNALLY DISPLACED PERSONS (IDPS)

Of all the IDP camps created following the 2010 earthquake, 3 percent remained. Nearly all IDPs were in the Port-au-Prince metropolitan area, although several hundred persons also remained displaced by Hurricane Matthew’s destruction of the country’s South Department in 2016. The International Organization for Migration (IOM) estimated that more than 37,500 individuals (more than 9,000 households) still resided in IDP camps as of September.

Although the IOM reported progress in the relocation of nearly all Hurricane Matthew IDPs, the rate of camp closures and relocation remained slow. According to a May estimate, 90 percent of those residing in the camps had limited or no access to basic hygiene and health services. IOM statistics showed that the overall post-2010 earthquake IDP population had decreased more than 97 percent from its peak in 2010.

MINUJUSTH’s police force presence in the country did not include a mobile team for IDP camp security patrols, which left the HNP to administer security in the remaining IDP camps. The IOM reported the HNP did not patrol IDP camps, but instead responded only in cases of emergency. Overall, there had not been a stable security force presence in the IDP camps since the departure of MINUSTAH forces in late 2017, although IDP camp residents formed committees to monitor their communities at night and to address cases of gender-based violence. The IOM reported that IDPs liaised directly with the HNP during emergencies.

PROTECTION OF REFUGEES

Access to Asylum: The law provides for the granting of refugee status or asylum through Haitian missions or consulates abroad. Third-country nationals can also petition for asylum through the local office of the UN High Commissioner for Refugees (UNHCR). According to the UNHCR representative, there were fewer than 20 such cases in process.

STATELESS PERSONS

A lack of coordination between the various ministries that administer the dysfunctional civil registry system and weak consular capacity made obtaining documentation difficult for individuals living inside or outside the country. Due to these systemic deficiencies, many Haitians living abroad without other citizenship or permanent residency were effectively stateless or at risk of statelessness in their country of residence. Undocumented persons of Haitian descent continued to face difficulties in establishing their legal residency or citizenship in countries such as the Dominican Republic and the Bahamas, which occasionally resulted in the deportation or spontaneous return of individuals with a claim to non-Haitian citizenship. Despite improved passport delivery domestically, obtaining nationality documents from the Haitian government remained particularly challenging for Haitian migrants living in the Dominican Republic (DR) seeking to participate in the DR’s migrant regularization plan.

Honduras

Section 2. Respect for Civil Liberties, Including:

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

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

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

Abuse of Migrants, Refugees, and Stateless Persons: Transiting migrants were vulnerable to abuse by criminal organizations.

In-country Movement: There were areas where authorities could not assure freedom of movement because of criminal activity and a lack of significant government presence.

INTERNALLY DISPLACED PERSONS (IDPS)

In 2017 the Internal Displacement Monitoring Center estimated there were approximately 190,000 IDPs in the country. In 2017 the National Human Rights Commission identified 339 cases of forced displacement and 349 cases of individuals at risk of forced displacement. Internal displacement was generally caused by violence, national and transnational gang activity, and human trafficking. Official data on forced internal displacement was limited in part because gangs controlled many of the neighborhoods that were sources of internal displacement (see section 6, Displaced Children).

The government maintained the Interinstitutional Commission for the Protection of People Displaced by Violence, and within the newly created Ministry of Human Rights, the government created the Directorate for the Protection of Persons Internally Displaced by Violence. Both the ministry and the commission focused on developing policies to address IDPs. Following up on the Comprehensive Refugee Response Framework conference that the government hosted in October 2017, the participants, including governments from across the region, agreed to the Regional Integral Framework for Protection and Solutions. Under the framework the government pledged to strengthen its capacity to provide services to key population groups, including refugees and returned migrants, through 14 commitments and 28 specific actions between 2018 and 2020.

PROTECTION OF REFUGEES

The government cooperated with UNHCR and other humanitarian organizations to provide protection and assistance to refugees and other persons of concern.

Access to Asylum: The law allows for the granting of asylum or refugee status. The government has established a system to provide protection to refugees, but at times there were significant delays in processing provisional permits for asylum applicants.

Hungary

Section 2. Respect for Civil Liberties, Including:

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

The constitution and law provide for freedom of internal movement, foreign travel, emigration, and repatriation, and the government generally respected these rights. In 2017-2018, asylum and border management laws underwent significant legal modifications and limited access to asylum procedures.

Abuse of Migrants, Refugees, and Stateless Persons: Human rights advocates, the UN High Commissioner for Refugees (UNHCR), and the European Commission criticized the government’s treatment of migrants and asylum seekers. Specifically, these organizations reported that migrants and asylum seekers were pushed back to the external side of the border fence on the Serbian-Hungarian border, even if they had not entered Hungary through Serbia. Reports included instances of police violence against refugees and migrants attempting to cross from Serbia to Hungary.

Domestic and international human rights organizations reported fewer complaints regarding the excessive use of police force and abuse against refugees and migrants while the number of asylum seekers decreased, compared with previous years. Human rights organizations, however, stated that in most cases, the government did not take formal action against alleged perpetrators and noted that few victims were willing to lodge formal complaints.

The law permits the detention of rejected asylum seekers for a maximum of 12 months (30 days in cases of families with children). Immigration detention generally took place in immigration detention centers.

The asylum law requires mandatory detention of all asylum seekers other than unaccompanied minors younger than 14. All new asylum seekers were detained in two guarded transit zones (Roszke and Tompa) on the Serbian-Hungarian border, which they could not leave without abandoning their asylum claims.

PROTECTION OF REFUGEES

Refoulement: In 2015 two Bangladeshi asylum seekers, Ilias Ilias and Ali Ahmed, filed suit against the government, asking for release from a transit detention zone and a halt to their expulsion to Serbia. Authorities kept the men in the transit zone for more than three weeks before sending them back to Serbia, considered a safe country under a 2015 government decree. In 2017 the ECHR ruled the men’s return to Serbia as well as their detention was unlawful, but the government appealed the ruling. The ECHR’s Grand Chamber heard the case on April 18; a final judgement remained pending.

Access to Asylum: The law provides for asylum and establishes a procedure for persons in the country to apply for it, but often little or no opportunity to apply was afforded. Since 2017 police were allowed to push back to the Serbian side of the border fence any migrants who could not prove their right to stay in the country, regardless of whether or not they entered the country from Serbia. There is no judicial remedy concerning such “push-backs.”

On June 20, parliament adopted a legislative package that introduced new criminal penalties, including a prison sentence of up to a year, for “facilitating illegal migration.” It criminalizes providing assistance to asylum seekers who were not subject to persecution in their home country or who had already transited a safe country to submit asylum claims; conducting human rights-focused border monitoring activities; or issuing or distributing information leaflets about asylum procedures. Parliament also modified the constitution to state that persons arriving in Hungary “through a country where he or she was not exposed to persecution or a direct risk of persecution should not be entitled to asylum.”

UNHCR and the Council of Europe Commissioner for Human Rights said the law restricts the ability of NGOs and individuals to support asylum seekers and refugees. On June 25, the Venice Commission and the OSCE published a joint opinion on the law, asserting it seriously hindered the operation of legitimate civil groups. On July 19, the European Commission initiated an infringement procedure against Hungary for violating EU and international laws with the introduction of new nonadmissibility grounds for asylum applications and curtailing the right to asylum. In July the European Commission also referred Hungary to the European Court of Justice, asserting its asylum and return legislation did not comply with EU law, namely for holding asylum applicants too long in transit zones at the border and failing to give them proper access to asylum procedures and legal safeguards.

The government provided UNHCR and the International Federation of Red Cross access to refugees and asylum seekers. Cooperation with UNHCR and other humanitarian organizations in providing protection and assistance (as opposed to access) varied (also see Access to Basic Services, below). Access by other humanitarian organizations was more limited. A few domestic NGOs were provided access to the transit zones, and a few other NGOs were provided access only when asylum seekers specifically requested their assistance. Human rights NGOs alleged the government granted access only to certain cooperative organizations, making it difficult to verify information.

Safe Country of Origin/Transit: The government issued lists of “safe countries of origin” and “safe third countries.” Both lists included Serbia, Bosnia and Herzegovina, and Kosovo. UNHCR repeatedly objected to the government’s recognition of Serbia as a safe third country on the grounds that it does not have effective asylum procedures.

Freedom of Movement: In 2015 the government set up two transit zones at the country’s southern border with Serbia, capable of hosting 200-300 persons each, where asylum seekers were required to wait while their requests for refugee status were processed. The government also closed reception facilities for asylum seekers, so that by summer only the facility in Vamosszabadi remained open. The Vamosszabadi facility hosted persons granted international protection for up to 30 days.

Access to Basic Services: In 2016 parliament amended the law to reduce benefits and assistance to those given international protection on the grounds they should not have more advantages than Hungarian citizens. The law requires mandatory and automatic revision of refugee status at least every three years, sets the maximum period at 30 days of stay in open reception centers after recognition, and establishes an eligibility period of six months for basic health-care services following recognition. Authorities do not provide housing allowances, educational allowances, or monthly cash allowances to asylum seekers or beneficiaries of subsidiary protection.

The two transit zones for migrants provided clothes, soap, meals, water, and shelter. Charities provided some educational and social activities in English or Hungarian, as well as supplemental nutrition for children. The government also provided basic medical assistance on site. Between November 2017 and June, a psychologist visited the transit zones for six hours per week without any translation available; the psychologist was subsequently allowed to use government translators. Officials denied transit zone access to certain NGOs and a UNHCR contractor, which prevented several migrants who had previously suffered torture and asylum seekers suffering from posttraumatic stress disorder from receiving specialized care. At the beginning of the year, a government-funded psychiatrist started visiting the two transit zones once per week.

Based on new asylum rules that went into effect July 1 regarding transit by asylum seekers through countries the government considered safe (including Serbia) prior to entering Hungary, immigration authorities rejected all post-June 30 asylum requests heard by December 14. They also interpreted the new rules to mean no food should be given to asylum seekers who appeal their denials, with the exception of children and nursing mothers. The ECHR granted interim measures in five cases in August and ordered the country to feed the asylum seekers. The government subsequently began providing meals to all rejected asylum seekers who appealed.

Durable Solutions: Refugees are allowed to naturalize, but research by the Hungarian Helsinki Committee (HHC) in 2015 (commissioned by UNHCR) found that the applications of refugees and stateless persons were approved at a dramatically lower rate than those of other naturalization seekers. High fees (for example, for certified translations) made the naturalization process more difficult. The government applied preferential conditions to applicants with Hungarian ancestry (via the so-called simplified naturalization process), but not to refugees or stateless persons. The HHC criticized the procedural framework for naturalization, noting decisions were not explained to applicants and no appeal of rejections is allowed.

There were no reported cases of onward refugee resettlement from the country to other states.

Temporary Protection: The law provides for a specific temporary protection status for situations of mass influx, but organizations working on the problem reported that it was not used in practice. Under the law, all forms of international protection (refugee status, subsidiary protection, tolerated stay, stateless status, etc.) are temporary by nature, with periodic review of the entitlement to protection.

STATELESS PERSONS

The country operates a dedicated statelessness determination procedure and provides a humanitarian residence permit to persons recognized as stateless. According to UNHCR, 139 stateless persons lived in the country at the end of 2017, and the government maintained what UNHCR characterized as a good stateless-person determination process. The law provides for naturalization by stateless persons.

Iceland

Section 2. Respect for Civil Liberties, Including:

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

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

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

PROTECTION OF REFUGEES

Access to Asylum: The law provides for the granting of asylum or refugee status, and the government has established a system for providing protection to refugees. It allows for accelerated refusal by the Ministry of Justice’s Directorate of Immigration of applications deemed to be “manifestly unfounded.” An independent regulatory committee, the Immigration and Asylum Appeals Board, adjudicated asylum cases rejected by the directorate.

Safe Country of Origin/Transit: The country adheres to the EU’s Dublin III regulation, which allows for the return of asylum seekers to the country of entry into the EU. The country did not return asylum seekers to EU member states Greece and Hungary unless they already received protection in these countries. In certain cases the country also did not return vulnerable asylum seekers to Italy.

Employment: Asylum seekers needed to have assured housing for authorities to issue work permits. An asylum seeker may be fined or face deductions of benefits by the Directorate of Immigration if found to be working without proper authorization.

Access to Basic Services: All asylum seekers had access to the health-care system as part of a package of benefits when living in housing provided by the Directorate of Immigration. Some asylum seekers without a national identification number experienced delays in receiving health services. Critics asserted that full access to the health-care system should be extended on arrival to any asylum seeker who opts to live outside of the Directorate of Immigration’s facilities or who starts work during a six-month waiting period. Critics also called for increased access for asylum seekers to better mental healthcare services because of a marked increase of asylum seekers from countries with ongoing conflicts, such as Syria, Afghanistan, and Iraq.

The number of asylum applications during the year, coupled with a housing shortage in the Reykjavik area and in Reykjanesbaer near the international airport, made it difficult for the Directorate of Immigration to provide adequate housing for all asylum applicants.

Durable Solutions: The government adequately provides for the support of durable solutions, including local integration and resettlement. In June parliament extended the right to apply for citizenship until the age of 21 in certain cases, rather than 18, and reduced the number of years of residency needed to apply for citizenship from seven to five years in cases of statelessness.

During the year the country resettled 52 refugees from Syria, Iraq, and Uganda. The government offered naturalization to refugees who met citizenship requirements and facilitated voluntary returns in individual cases.

Temporary Protection: The government provided temporary protection to individuals who may not qualify as refugees and provided subsidiary protection to 21 persons and humanitarian protection to six others.

India

Section 2. Respect for Civil Liberties, Including:

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

The law provides for freedom of internal movement, foreign travel, emigration, and repatriation. The government generally respected these rights. In 2015 the implementation of a land-boundary agreement between India and Bangladesh enfranchised more than 50,000 previously stateless residents, providing access to education and health services.

The country hosts a large refugee population, including 108,005 Tibetan refugees and approximately 90,000 refugees from Sri Lanka. The government generally allows the Office of the UN High Commissioner for Refugees (UNHCR) to assist asylum seekers and refugees from noncontiguous countries and Burma. In many cases refugees and asylum seekers under UNHCR’s mandate reported increased challenges regularizing their status through long-term visas and residence permits. Rohingya refugees were registered by UNHCR but not granted legal status by the government.

Abuse of Migrants, Refugees, and Stateless Persons: The law does not contain the term “refugee,” treating refugees like any other foreigners. Undocumented physical presence in the country is a criminal offense. Persons without documentation were vulnerable to forced returns and abuse.

The courts protected refugees and asylum seekers in accordance with the constitution.

Refugees reported exploitation by nongovernment actors, including assaults, gender-based violence, fraud, and labor exploitation. Problems of domestic violence, sexual abuse, and early and forced marriage also continued. Gender-based violence and sexual abuse were common in camps for Sri Lankans. Most urban refugees worked in the informal sector or in occupations such as street vending, where they suffered from police extortion, nonpayment of wages, and exploitation.

UNHCR and NGOs observed an increase in antirefugee (specifically anti-Rohingya) rhetoric throughout the year in advance of state and 2019 national elections, which reportedly led to an increased sense of insecurity in refugee communities. On October 4, the Supreme Court rejected a plea to stop the deportation of seven Rohingya immigrants from Assam. The court noted the individuals, held in an Assam jail since 2012, were arrested by Indian authorities as illegal immigrants and that Burma was ready to accept them as their nationals. According to media reports, the nationality of the immigrants was confirmed after the Burmese government verified their addresses in Rakhine State. Rights groups said the government’s decision to deport them placed them at risk of oppression and abuse. According to HRW, the government deported the seven ethnic Rohingya Muslims to Burma where “they are at grave risk of oppression and abuse.” HRW further noted, “The Indian government has disregarded its long tradition of protecting those seeking refuge within its borders.”

In-country Movement: The central government relaxed restrictions on travel by foreigners to Arunachal Pradesh, Nagaland, Mizoram, Manipur, and parts of Jammu and Kashmir, excluding foreign nationals from Pakistan, China, and Burma. The Ministry of Home Affairs and state governments required citizens to obtain special permits upon arrival when traveling to certain restricted areas.

Foreign Travel: The government may legally deny a passport to any applicant for engaging in activities outside the country “prejudicial to the sovereignty and integrity of the nation.”

The trend of delaying issuance and renewal of passports to citizens from the state of Jammu and Kashmir continued, sometimes up to two years. The government reportedly subjected applicants born in the state of Jammu and Kashmir, including children born to military officers deployed in the state, to additional scrutiny and police clearances before issuing them passports.

Citizenship: On July 31, the government of Assam published the final draft of the National Register of Citizens (NRC), a document intended to define individuals with a claim to citizenship in a state that experienced an influx of foreigners in 1971. In 1985 the government declared that anyone who entered Assam without proper documentation after March 24, 1971, would be declared a foreigner. The names of four million residents were excluded from the final draft list, leading to uncertainty over the status of these individuals, many of whose families had lived in the state for several generations. Individuals will be required to go through an appeals process to have their names included in the final list of Indian citizens. The Supreme Court is overseeing the process, and four million individuals were given 60 days from September 25 to file a claim or objection. On September 24, ruling BJP party president Amit Shah called Bangladeshis who may be in Assam “termites” who will be struck from the list of citizens.

INTERNALLY DISPLACED PERSONS

Authorities located IDP settlements throughout the country, including those containing groups displaced by internal armed conflicts in the state of Jammu and Kashmir, Maoist-affected areas, the northeastern states (see section 1.g.), and Gujarat. The 2018 annual report of the Internal Displacement Monitoring Center asserted 806,000 individuals were displaced because of conflict and violence as of December 2017, with 78,000 new displacements due to conflict in 2017. Estimating precise numbers of those displaced by conflict or violence was difficult, because the government does not monitor the movements of displaced persons, and humanitarian and human rights agencies had limited access to camps and affected regions. While authorities registered residents of IDP camps, an unknown number of displaced persons resided outside the camps. Many IDPs lacked sufficient food, clean water, shelter, and health care (see section 1.g., Other Conflict-related Abuse).

National policy or legislation did not address the issue of internal displacement resulting from armed conflict or from ethnic or communal violence. The welfare of IDPs was generally the purview of state governments and local authorities, allowing for gaps in services and poor accountability. The central government provided limited assistance to IDPs, but they had access to NGOs and human rights organizations, although neither access nor assistance was standard for all IDPs or all situations.

NGOs estimated Gotti Koya tribe members displaced due to prior paramilitary operations against Maoists numbered 50,000 in Chhattisgarh and 27,000 in Telangana and Andhra Pradesh. In October 2017 the Hyderabad High Court directed the Telangana government not to displace the Gotti Koya tribal members or demolish their dwelling units.

PROTECTION OF REFUGEES

Refoulement: The government detained Rohingya in many of the northeastern states of the country. For example, after serving the allotted time for illegal entry into the country, the government obtained travel permits for seven Rohingya refugees from Burmese authorities and, according to media reports on October 4, the seven Rohingya were transported from prison to the border town of Moreh in Manipur state to be deported.

In July, Minister of State Kiren Rijiju informed the lower house of parliament that the Ministry of Home Affairs instructed state governments to identify Rohingya migrants through the collection of biometric data. The Ministry of Home Affairs directed state governments to monitor Rohingya and restrict their movements to specific locations. The government advocated for the return of Rohingya migrants to Burma.

Access to Asylum: Absent a legal framework, the government sometimes granted asylum on a situational basis on humanitarian grounds in accordance with international law. This approach resulted in varying standards of protection for different refugee and asylum seeker groups. The government recognized refugees from Tibet and Sri Lanka and honored UNHCR decisions on refugee status determination for individuals from other countries, including Afghanistan.

UNHCR did not have an official agreement with the government but maintained an office in New Delhi where it registered refugees and asylum seekers from noncontiguous countries and Burma, made refugee status determinations, and provided some services. The office’s reach outside of New Delhi was limited, however. The government permitted UNHCR staff access to refugees in other urban centers and allowed it to operate in Tamil Nadu to assist with Sri Lankan refugee repatriation. Authorities did not permit UNHCR direct access to Sri Lankan refugee camps, Tibetan settlements, or asylum seekers in Mizoram, but it did permit asylum seekers from Mizoram to travel to New Delhi to meet UNHCR officials. Refugees outside New Delhi faced added expense and time to register their asylum claims.

The government generally permitted other NGOs, international humanitarian organizations, and foreign governments access to Sri Lankan refugee camps and Tibetan settlements, but it generally denied access to asylum seekers in Mizoram. The government denied requests for some foreigners to visit Tibetan settlements in Ladakh.

After the end of the Sri Lankan civil war, the government ceased registering Sri Lankans as refugees. The Tamil Nadu government assisted UNHCR by providing exit permission for Sri Lankan refugees to repatriate voluntarily. The benefits provided to Sri Lankan Tamil refugees by the state government of Tamil Nadu were applicable only within the state. The central government approved the extension of funding to run the camps until 2020.

Employment: The government granted work authorization to many UNHCR-registered refugees, and others found employment in the informal sector. Some refugees reported discrimination by employers.

Access to Basic Services: Although the country generally allowed recognized refugees and asylum seekers access to housing, primary and secondary education, health care, and the courts, access varied by state and by population. Refugees were able to use public services, although access became more complicated during the year because many refugees were unable to acquire the digitized identity (Aadhaar) card necessary to use some services. In cases where refugees were denied access, it was often due to a lack of knowledge of refugee rights by the service provider. In many cases UNHCR was able to intervene successfully and advocate for refugee access. The government allowed UNHCR-registered refugees and asylum seekers to apply for long-term visas that would provide work authorization and access to higher education, although the rate of renewal for long-term visas slowed significantly. For undocumented asylum seekers, UNHCR provided a letter upon registration indicating the person was under consideration for UNHCR refugee status.

The government did not fully complete a 2012 Ministry of Home Affairs directive to issue long-term visas to Rohingya. It has reportedly slowed renewals for those with long-term visas significantly, limiting access to formal employment in addition to education, health services, and bank accounts.

Sri Lankan refugees were permitted to work in Tamil Nadu. Police, however, reportedly summoned refugees back into the camps on short notice, particularly during sensitive political times such as elections, and required refugees or asylum seekers to remain in the camps for several days.

Government services such as mother and child health programs were available. Refugees were able to request protection from police and courts as needed.

The government did not accept refugees for resettlement from other countries.

STATELESS PERSONS

By law parents confer citizenship, and birth in the country does not automatically result in citizenship. Any person born in the country on or after January 26, 1950, but before July 1, 1987, obtained Indian citizenship by birth. A child born in the country on or after July 1, 1987, obtained citizenship if either parent was an Indian citizen at the time of the child’s birth. Authorities consider those born in the country on or after December 3, 2004, citizens only if at least one parent was a citizen and the other was not illegally present in the country at the time of the child’s birth. Authorities considered persons born outside the country on or after December 10, 1992, citizens if either parent was a citizen at the time of birth, but authorities do not consider those born outside the country after December 3, 2004, citizens unless their birth was registered at an Indian consulate within one year of the date of birth. Authorities can also confer citizenship through registration under specific categories and via naturalization after residing in the country for 12 years. Tibetans reportedly sometimes faced difficulty acquiring citizenship despite meeting the legal requirements.

The Assam state government began a process to update the NRC to determine who has legal claim to citizenship in the country, and who is determined to have migrated illegally per a 2014 Supreme Court order. According to official reports, the government has excluded an estimated four million persons from the NRC draft list published on July 30. The central and state governments indicated that all persons not listed were able to file claims and objections for 60 days from September 25. The future legal status of those excluded is not clear. Many individuals may be declared citizens at the end of the process, while others may be at risk of statelessness.

According to UNHCR and NGOs, the country had a large population of stateless persons, but there were no reliable estimates. Stateless populations included Chakmas and Hajongs, who entered the country in the early 1960s from present-day Bangladesh, and groups affected by the 1947 partition of the subcontinent into India and Pakistan. In September 2017 the central government stated it would appeal to the Supreme Court to review its 2015 order to consider citizenship for approximately 70,000 Chakma and Hajong refugees. Media quoted Minister of State for Home Affairs Kiren Rijiju saying the Supreme Court order was “unimplementable.”

Children born in Sri Lankan refugee camps received Indian birth certificates. While Indian birth certificates alone do not entitle refugees to Indian citizenship, refugees may present Indian birth certificates to the Sri Lankan High Commission to obtain a consular birth certificate, which entitles them to pursue Sri Lankan citizenship. According to the Organization for Eelam Refugees’ Rehabilitation, approximately 16,000 of 27,000 Sri Lankan refugee children born in the refugee camps have presented birth certificates to the Sri Lankan Deputy High Commission in Chennai. According to UNHCR, the Sri Lankan Deputy High Commission issued 2,858 birth certificates during the year.

UNHCR and refugee advocacy groups estimated that between 25,000 and 28,000 of the approximately 90,000 Sri Lankan Tamil refugees living in Tamil Nadu were “hill country” Tamils. While Sri Lankan law allows “hill country” refugees to present affidavits to secure Sri Lankan citizenship, UNHCR believed that until the Sri Lankan government processes the paperwork, such refugees were at risk of becoming stateless.

Indonesia

Section 2. Respect for Civil Liberties, Including:

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

The law provides for freedom of internal movement and generally allows for travel outside of the country, but the constitution allows the government to prevent persons from entering or leaving the country. The law gives the military broad powers in a declared state of emergency, including the power to limit land, air, and sea traffic. The government did not use these powers during the year.

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

In-country Movement: Restrictions on foreign journalists travelling to Papua and West Papua Provinces remained (see section 2.a.).

Foreign Travel: The government prevented arrivals and departures at the request of police, the Attorney General’s Office, the KPK, and the Ministry of Finance. Some of those barred from entering and leaving the country were delinquent taxpayers, convicted or indicted persons, individuals implicated in corruption cases, and persons otherwise involved in legal disputes.

INTERNALLY DISPLACED PERSONS (IDPS)

The government collects data on displacement caused by natural hazards and conflict through the National Disaster Management Authority, although the lack of systematic monitoring of return and resettlement conditions made it difficult to estimate reliably the total number of IDPs.

The law stipulates the government must provide for “the fulfillment of the rights of the people and displaced persons affected by disaster in a manner that is fair and in line with the minimum service standards.”

The National Disaster Management Authority reported that from January through October, 3,548 persons died or were missing and more than 3,057,787 were displaced by natural disasters.

More than 300 Shia residents from Madura remained housed on the outskirts of Surabaya after communal violence forced them from their homes in 2012. Despite numerous reconciliation attempts by the central government, officials have not effectively resolved issues with hardliners who refused to allow the displaced Shia to return to their homes. Approximately 200 Ahmadi Muslims remained internally displaced in apartments in Mataram, the capital of West Nusa Tenggara, after a mob expelled them from their Lombok village in 2006.

PROTECTION OF REFUGEES

Access to Asylum: The country is not party to the 1951 Convention relating to the Status of Refugees or its 1967 Protocol, and it does not have a refugee or asylum status determination system. UNHCR processes all claims for refugee status in the country. The government does not accept refugees for resettlement or facilitate local integration or naturalization. Authorities refer migrants seeking to return to their country of origin to the IOM for access to its Assisted Voluntary Return Program.

A government regulation on refugee management outlines the specific roles and responsibilities of government ministries and local authorities, including on search and rescue, shelter, security, and immigration; the Coordinating Ministry of Political, Legal, and Security Affairs has the lead on refugee issues. In April provincial authorities in Aceh granted access to UNHCR to conduct refugee status determinations for two groups of Rohingya migrants whom authorities rescued off the coast of Aceh. Local authorities provided them shelter and essential supplies, as well as health and psychosocial services, in line with the government’s refugee management decree. Donations from the local community and assistance from the IOM supplemented provincial and local support.

Employment: The government prohibits refugees from working, although it did not strictly enforce this prohibition.

Access to Basic Services: The government does not generally prohibit refugees from accessing public elementary education, although many barriers prevented enrollment of more than a small number of refugee children, including a lack of access for refugee children to government-issued student identification numbers. A small number of refugees enrolled in language and other classes in private, refugee-run schools or in NGO-sponsored programs. Refugees have access to basic public health services through local health clinics, which the government subsidizes. Treatment for more serious conditions or hospitalization, however, is not covered under this program.

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The Lessons of 1989: Freedom and Our Future