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Angola

Section 2. Respect for Civil Liberties, Including:

a. Freedom of Expression, Including for the Press

The constitution and law provide for freedom of expression, including for the press. State media continued to be the country’s primary source for news and generally reflected a progovernment view. Nevertheless, individuals were increasingly able to use private media and social media platforms to openly criticize government policies and practices.

Freedom of Expression: Individuals reported practicing self-censorship but generally were able to criticize government policies without fear of direct reprisal. Social media was widely used in the larger cities and provided an open forum for discussion.

Press and Media, Including Online Media: Private radio and print media criticized the government openly and access to private media was expanding to outside the capital. For example, the private Catholic radio station Radio Ecclesia expanded its coverage from one to 15 provinces, and private media were on the internet. Journalists routinely complained of lack of transparency and communication from government press offices and other government officials.

The president appoints the leadership of all major state-owned media outlets and state control of these outlets often led to one-sided reporting. State news outlets, including Angolan Public Television (TPA), Radio Nacional, and the Jornal de Angola newspaper, favored the ruling party but increased their coverage of opposition political parties’ perspectives and social problems reflecting poor governance during the year. The TPA continued to broadcast plenary sessions of the National Assembly live, including interventions by opposition parties. The channel also continued to invite opposition politicians and civil society members to comment live on stories featured on the nightly news, but private stations were prohibited from filming parliament. Opposition parties also received far less overall coverage on state media than did the ruling party.

Violence and Harassment: Journalists reported fewer incidents of violence or harassment compared with the previous year.

On June 20, relatives of the defendants in the court case of former minister of transportation Augusto Tomas and four others charged with corruption threatened the journalists covering the event while they were in the lobby awaiting the beginning of the court session. In response the head of the Angolan Journalists Union urged his colleagues to press charges against those who try to intimidate journalists.

Censorship or Content Restrictions: The Regulatory Entity for Social Communication (ERCA), a body mandated to license and delicense journalists and determine what constitutes appropriate media content, remained largely inactive.

Journalists reported practicing self-censorship for political and financial reasons.

The minister of social communication, the spokesperson of the presidency, and the national director of information maintained significant decision-making authority over media. It was commonly understood these individuals actively vetted news stories in the state-controlled print, television, and radio media and exercised considerable authority over some privately owned outlets. State-controlled media rarely published or broadcast stories critical of the ruling party, government officials, or government policies. Coverage critical of the previous government of Jose Eduardo dos Santos and of senior-level officials who had been dismissed on allegations of corruption increased significantly during the year.

Libel/Slander Laws: Defamation is a crime for which conviction is punishable by imprisonment or a fine, and unlike in most cases in which defendants are presumed innocent until proven guilty, defendants in defamation cases have the burden of proving their innocence by providing evidence of the validity of the allegedly damaging material.

Several journalists in print media, radio, and political blogs faced libel and defamation lawsuits. Journalists complained the government used libel laws to limit their ability to report on corruption and nepotistic practices, while the government assessed that some journalists abused their positions and published inaccurate stories regarding government officials without verifying the facts or providing the accused the right of reply.

b. Freedoms of Peaceful Assembly and Association

c. Freedom of Religion

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. The government at times restricted these rights.

In-country Movement: Document checkpoints in domestic airports and on roads throughout the country were common. Reports by local NGOs suggested that, in spite of an incremental drop in cases, some police officers continued to extort money from civilians at checkpoints and during regular traffic stops. Reports from the diamond-mining provinces of Lunda Norte and Lunda Sul indicated some government agents restricted the movements of local communities.

f. Protection of Refugees

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

There were reports throughout the year that Lunda Norte provincial authorities exerted pressure on irregular migrants and refugees to return to the Democratic Republic of the Congo (DRC). The government failed to provide adequate protection for asylum seekers and urban refugees.

In November 2018 security forces launched Operation Rescue, a nationwide law enforcement campaign to address violent crime, illegal migration, unlicensed commercial and religious activity, and road accidents. The campaign continued throughout the year. It acutely affected both legal and undocumented migrants, refugees, and stateless persons who rely on the informal markets to make a living, as job opportunities were limited and the law prohibits refugees from operating businesses. Political opposition parties and civil society organizations also criticized the operation for restricting religious freedom, including the closure of an estimated 2,500 places of worship.

The government did not implement key elements of the 2015 asylum law, which impeded refugee and asylum seekers’ access to basic services and documents, such as birth certificates for children of foreign-born parents. NGOs working with refugee and asylum-seeker populations continued to cite security force harassment of and government discrimination against those communities.

The government generally cooperated with UNHCR, the World Food Program, and NGOs to protect and assist refugees. In August and September, the government supported a voluntary spontaneous repatriation of more than 15,000 refugees from Lunda Norte to the DRC. The government cooperated with UNHCR and the government of the DRC to respond to the humanitarian crisis and provided transportation for the spontaneous returnees. UNHCR estimated more than 8,000 refugees remained at its Lovua, Lunda Norte, resettlement camp.

Access to Asylum: The 2015 asylum law provides for the granting of asylum or refugee status, but the law had not been implemented. The law provides specific procedures for the submission of an asylum application and guidance on the determination of asylum and refugee cases. UNHCR and several NGOs reported that asylum seekers and urban refugees did not have a mechanism to apply for or resolve their status. The 2015 law changed the role of the Committee for the Recognition of the Right to Asylum, the prior implementing mechanism to identify, verify, and legalize asylum seekers, to that of an advisory board; however, at year’s end the government had not put into practice an alternative mechanism to adjudicate asylum and refugee cases in the committee’s place. The law also established the creation of reception centers for refugees and asylum seekers where they are to receive assistance until the government makes a decision on their cases.

Freedom of Movement: UNHCR, NGOs, and refugees reported restrictions on freedom of movement in Lunda Norte Province. Police arbitrarily arrested or detained refugees and confiscated or ripped up their registration documents during periodic roundups, particularly in Dundo, the provincial capital. Refugees also reported periodic restrictions on freedom of movement from their resettlement site in Lovua, Lunda Norte Province and cited such restrictions a factor motivating them to return to the DRC.

Employment: Formal restrictions on a refugee’s ability to seek employment existed. Regulation 273/13 restricted refugees from obtaining the business license required to own and operate a business. Refugees often faced difficulty obtaining employment due to their inability to obtain legal documents required to work in the formal sector. A general lack of acceptance of the refugee card and lack of knowledge concerning the rights it was intended to safeguard compounded the difficulties.

Access to Basic Services: Persons with recognized refugee status could at times obtain public services. UNHCR, NGOs, and refugees, however, reported that urban refugees in particular were unable to obtain legal documents following passage of the asylum law and at times faced difficulty accessing public services such as health care and education. Corruption by officials compounded these difficulties.

Section 4. Corruption and Lack of Transparency in Government

On January 23, the government approved a new penal code on corruption that directly regulates modern financial crimes and increases penalties for corrupt officials. At year’s end the new penal code had not entered into force. During the year President Lourenco dismissed cabinet ministers, provincial governors, senior military officers, and other high-level government officials due to alleged corrupt practices. The PGR launched significantly more corruption investigations and brought criminal charges against several officials. Official impunity and the uniform application of anticorruption legislation, however, remained a serious problem. President Lourenco continued to stress that ending impunity for corruption was among his administration’s top priorities.

Corruption: Government corruption at all levels was widespread, but accountability improved incrementally due to increased focus on developing better checks and balances and institutional capacity. On February 23, the PGR reported 604 cases involving public officials and political leaders suspected of corruption. Several high-profile cases including that of the son of the former president, Jose Filomeno dos Santos, the director of security and counterintelligence general Antonio Jose Maria, and former Luanda governor and current member of parliament (MP) Higino Carneiro were all under investigation or awaiting trial.

On August 16, former minister of transport Augusto da Silva Tomas was sentenced to 14 years in prison for embezzlement, misappropriation of public funds, abuse of power, and violating budgeting standards at the National Council of Shippers, a state international shipping regulator. Tomas was tried along with four former shipping officials, three of whom also received sentences ranging from 10 to 12 years.

On December 30, the Luanda Provincial Court preemptively froze all Angolan accounts and assets owned by former first daughter Isabel dos Santos, her husband Sindika Dokolo, and businessman Mario Leite da Silva on suspicion that the assets originated from state funds obtained unlawfully. At year’s end the government had yet to file any criminal charges.

Government ministers and other high-level officials commonly and openly owned interests in public and private companies regulated by, or doing business with, their respective ministries. Laws and regulations regarding conflict of interest exist, but they were not enforced. Petty corruption among police, teachers, and other government employees was widespread. Police extorted money from citizens and refugees, and prison officials extorted money from family members of inmates.

Financial Disclosure: The law on public probity requires senior government officials, magistrates and public prosecutors as well as managers of public companies to declare their assets held domestically and abroad to the attorney general. The president and vice president were the first to submit their declarations in January 2018. Asset declarations are only disclosed for criminal, disciplinary, and administrative purposes and require a judicial warrant.

According to the Ministry of Justice and Human Rights, the financial information of government officials was provided to the appropriate government office. The law treats these reports as confidential. Government officials are to make a declaration within 30 days of assuming a post and every two years thereafter. The law does not stipulate a declaration be made upon leaving office but states that officials must return all government property within 60 days.

Penalties for noncompliance with the law on public probity vary depending on which section of the law was violated, but they include removal from office, a bar from government employment for three to five years, a ban on contracting with the government for three years, repayment of the illicitly gained assets, and a fine of up to 100 times the value of the accepted bribe. The National Office of Economic Police is responsible for investigating violations of this law, as well as other financial and economic crimes, and then referring them to the Financial Court for prosecution. There were no known cases related to this law during the year.

Section 6. Discrimination, Societal Abuses, and Trafficking in Persons

Benin

Section 2. Respect for Civil Liberties, Including:

a. Freedom of Expression, Including for the Press

The constitution provides for freedom of expression, including for the press, and the government generally respected these rights.

There were many public and private media outlets, including two public and seven private television stations, three public and 50 private radio stations, and approximately 175 newspapers and periodicals. Many of these refrained from openly criticizing government policy.

There were reports the government inhibited freedom of the press.

Press and Media, Including Online Media: The press and media were closely regulated. The High Authority for Audiovisual and Communication (HAAC) is a quasigovernmental commission with members appointed by the president, private media, and the legislature. HAAC has a dual and perhaps inherently contradictory role of providing for press freedom and a mandate to protect the country against “inflammatory, irresponsible, or destabilizing” media reporting.

The government arrested journalists during the year. On April 18, according to the Committee to Protect Journalists, police arrested Casimir Kpedjo of the newspaper Nouvelle Economie for “spreading false information about the Beninese economy.” On April 23, he was released pending prosecution before CRIET, which had yet to be conducted by year’s end. On August 12, Ignace Sossou was convicted of “publication of false information by electronic networks” on Benin Web TV and journalist Parfait Folly was convicted of disseminating “false information” through WhatsApp. The journalists received one-month and six-month suspended sentences respectively and fines of 500,000 CFA francs ($849). Sossou appealed his sentence to the Court of Appeals of Cotonou. His appeal had yet to be heard at year’s end.

On December 20, Sossou was arrested on separate charges and on December 24, he was sentenced to 18 months in prison and fines of 200,000 CFA francs ($340) for “harassment through electronic means” after posting quotes to his personal social media accounts that he attributed to Cotonou’s public prosecutor. Sossou alleged that the prosecutor had made the comments during an anti “fake news” training organized by the French Media Development Agency (CFI).

On May 16, the Court of Appeals ruled that HAAC’s May 2018 suspension of the newspaper La Nouvelle Tribune violated the constitution and ordered HAAC to rescind the suspension. The ruling struck down a lower court’s finding in favor of HAAC’s suspension of La Nouvelle Tribune for publishing an article regarding the president’s private life that was deemed offensive. At year’s end HAAC had yet to rescind the suspension and La Nouvelle Tribune had yet to resume publication.

On December 17, the HAAC ordered the opposition-owned radio station Soleil FM to suspend its broadcasts on the grounds that its owner and 2016 presidential candidate Sebastien Ajavon failed to appear in person to sign the station’s annual broadcast registration documents, even though it is common practice for legal representatives to sign media registration documents on behalf of owners. Ajavon resides in France after being sentenced in absentia to 20 years imprisonment on drug trafficking charges. The charges against Ajavon were viewed by some observers as political in nature.

Censorship or Content Restrictions: HAAC publicly warned media outlets against publishing information related to legal cases pending before criminal courts because it could be interpreted as an attempt to influence court rulings. It was possible to purchase and thus influence the content of press coverage. HAAC warned media against such practices. Some journalists practiced self-censorship because they were indebted to government officials who granted them service contracts. Other journalists practiced self-censorship due to fear the government would suspend their media outlets. HAAC held public hearings on alleged misconduct by media outlets during the year.

Libel/Slander Laws: By law journalists may be prosecuted for libel and slander. Journalists may also be prosecuted for incitement of violence and property destruction, compromising national security through the press, or a combination of the two. Penalties for conviction include incarceration and fines. According to the 2018 Digital Code, anyone convicted of “relaying false information against a person using electronic means” may be sentenced to between one and six months in prison and a fine between 500,000 and 1,000,000 CFA francs ($849 to $1,698). The Digital Code applies to all social media.

b. Freedoms of Peaceful Assembly and Association

The constitution and law provide for the freedoms of assembly and association. Advance notification is required for demonstrations and other public gatherings. Unlike in 2018 the government frequently restricted freedom of peaceful assembly on political grounds.

c. Freedom of Religion

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 generally respected these rights.

The government cooperated with the Office of the UN High Commissioner for Refugees (UNHCR) and other humanitarian organizations in assisting refugees and asylum seekers.

In 2018 as part of its effort to reduce corruption, the government banned roadblocks throughout the country. There were no illegal roadblocks during the year.

Foreign Travel: The government maintained documentary requirements for minors traveling abroad as part of its campaign against trafficking in persons. This was not always enforced, and trafficking of minors across borders continued.

The government regulates the timing and length of seasonal movement of migratory Fulani (Peul) herdsmen and their livestock into and within the country.

On July 31, the government issued a decree barring anyone wanted on criminal charges from obtaining civil documents, including passports, national identity cards, and certificates of citizenship.

f. Protection of Refugees

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

Durable Solutions: The government assisted refugees and asylum seekers with obtaining documents from their countries of origin while granting their status as privileged residents. The government also facilitated naturalization of refugees as part of a local integration effort. The government involved civil society, media, and academia in the process. In March 2018 the government National Commission of Assistance to Refugees assumed responsibility for refugee issues in the country following closure of the local UNHCR office. The commission cooperates with UNHCR through its regional office in Dakar, Senegal.

Section 4. Corruption and Lack of Transparency in Government

Although the law provides criminal penalties for corruption by officials, the government did not implement the law effectively, and officials sometimes engaged in corrupt practices.

It was commonly believed, and acknowledged by some judicial personnel, that the judicial system at all levels was susceptible to corruption.

Corruption: The government took several actions during the year to combat corruption. On February 7, after eight years in pretrial detention, CRIET convicted and sentenced the leaders of an unregulated investment company (Investment Consultancy and Computering Services) and its accomplices. CRIET found five individuals guilty of illegal microfinance activities, illegal banking activities, and fraud. Sentences ranged from three to 10 years’ imprisonment, with fines of between eight and 10 million CFA francs ($13,582 to $16,978). On February 20, the Council of Ministers dismissed Modeste Toboula, prefect of the Littoral Department, because he had authorized the illegal sale of state-owned plots of lands, two plots of which he acquired for himself. CRIET convicted Toboula of abuse of office and on June 3, sentenced him to one year in prison and fined him two million CFA francs ($3,396). In August, Toboula was released conditionally on medical grounds. On April 8, CRIET tried former chief clerk of the Court of Cotonou Abou Seidou in absentia, convicted him of embezzlement, and sentenced him to life imprisonment and a fine of 800 million CFA francs ($1.4 million).

Financial Disclosure: The law requires income and asset disclosure by appointed and elected public officials. Declarations are not made available to the public. The National Anti-Corruption Agency (ANLC) reported that as of August 12, the president and all cabinet members, and members of the Constitutional Court, HAAC, the Independent Electoral Commission, the ANLC, the High Court of Justice, and the Office of the Ombudsman submitted asset disclosure statements. The ANLC report noted, however, that only 63 of the 83 sitting National Assembly members and 27 of the 30 members of the Economic and Social Council had submitted declarations.

The penalty for failure to submit an asset disclosure is a fine of six times the monthly wage of the official concerned. The penalty has never been applied.

Section 6. Discrimination, Societal Abuses, and Trafficking in Persons

Botswana

Section 2. Respect for Civil Liberties, Including:

a. Freedom of Expression, Including for the Press

The constitution and law provide for freedom of speech and press.

Freedom of Expression: The law restricts the speech of some government officials and fines persons found guilty of insulting public officials or national symbols. The law states, “Any person in a public place or at a public gathering (who) uses abusive, obscene, or insulting language in relation to the president, any other member of the National Assembly, or any public officer” is guilty of an offense and may be fined up to 400 pula ($37). The penal code also states that any person who insults the country’s coat of arms, flag, presidential standard, or national anthem is guilty of an offense and may be fined up to 500 pula ($47). There were no arrests or convictions under this law during the year.

Press and Media, Including Online Media: In a break from his predecessor, President Masisi initiated a productive relationship with media. He continued to hold press conferences and has repeatedly assured journalists of his respect for their role in a healthy democracy.

The government dominated domestic broadcasting. The government owned and operated the Botswana Press Agency, which dominated the print media through its free, nationally distributed newspaper, Daily News, and two state-operated FM radio stations. State-owned media generally featured reporting favorable to the government and, according to some observers, were susceptible to political interference. Opposition political parties claimed state media coverage heavily favored the ruling party.

Independent media were active and generally expressed a wide variety of views, which frequently included strong criticism of the government; however, media members complained they were sometimes subject to government pressure to portray the government and country in a positive light. Private media organizations had more difficulty than government-owned media obtaining access to government-held information.

The 2008 Media Practitioner’s law mandates registration of media outlets and journalists with a statutory body and has been criticized by human rights and press freedom NGOs, although it has never been implemented. In April an opposition parliamentarian proposed repealing the law, but the repeal was voted down in parliament on a party-line vote.

Censorship or Content Restrictions: Some members of civil society organizations stated the government occasionally censored stories it deemed undesirable in government-run media. Government journalists sometimes practiced self-censorship.

Libel/Slander Laws: There were no arrests for slander during the year. Nevertheless, the law states, “Any person in a public place or at a public gathering (who) uses abusive, obscene, or insulting language in relation to the president, any other member of the National Assembly, or any public officer” is guilty of an offense. The penal code also states that any person who insults the country’s coat of arms, flag, presidential standard, or national anthem is guilty of an offense. The government in 2014 arrested an editor and charged him with sedition for publishing articles regarding an alleged automobile accident involving then president Khama. In 2018 the government dropped the charges, but the courts did not rule on the constitutionality of the sedition clause.

b. Freedoms of Peaceful Assembly and Association

The constitution and law provide for the freedoms of assembly and association, and the government generally respected these rights, although there were some restrictions on the ability of labor unions to organize (see section 7.a.).

c. Freedom of Religion

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 generally respected these rights. A number of Namibians, whose refugee status was revoked in 2015, sued the government for restoration of their refugee status. In July the Court of Appeal ruled the Namibian refugees should be repatriated back to their country of origin, finding a lower court erred in granting them an order to stay in the country. In September the roughly 800 Namibians were deported back to Namibia following an agreement between the Office of the UN High Commissioner for Refugees (UNHCR) and the governments of Namibia and Botswana.

The government generally cooperated with UNHCR and other humanitarian organizations.

f. Protection of Refugees

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

The government held refugees and asylum seekers in the FCII until the Refugee Advisory Committee, a governmental body, made a status recommendation. The committee met quarterly during the year. UNHCR representatives participated in advisory committee meetings as observers and technical advisers.

Safe Country of Origin/Transit: The government applies the principle of first country of asylum; on that basis in previous years it detained individuals, many of whom had refugee status in a third country and then claimed asylum.

Employment: In February UNHCR reported that most of the country’s 2,334 registered refugees were living in Dukwi Camp without the right to work outside the camp. As a general policy, all registered refugees must reside in Dukwi under a strict encampment policy, although the government may issue a residence permit to remain outside the camp in exceptional cases, such as for refugees enrolled at a university, in need of specialized medical care, or with unique skills.

Access to Basic Services: Refugees in Dukwi had access to education and basic health care. They were unable to access government programs for HIV/AIDS medication, but the government allowed an international donor-funded parallel program to provide such medication. UNHCR facilitated refugee and asylum seekers’ exit permit applications for medical referrals as necessary. Officials typically granted exit permits for three days; refugees found outside the camp without a permit were subject to arrest.

International observers noted there was no access to education in the FCII, which as of August 2018 housed 61 children. The center hosts a clinic, and a specialized nurse provides basic health care, while critical cases are referred to the Francistown city hospital.

Temporary Protection: The government provided temporary protection at Dukwi to individuals who may not qualify as refugees under the 1951 UN Refugee Convention or its 1967 Protocol. UNHCR provided food and other provisions to individuals under temporary protection.

Section 4. Corruption and Lack of Transparency in Government

The law provides criminal penalties for corruption by officials, and the government generally sought to implement these laws effectively. Officials tasked with enforcement lacked adequate training and resources, however. Media reports of government corruption continued during the year. There were numerous reports of government corruption. A poll during the year by Transparency International found that 7 percent of those polled had paid bribes to government officials. This number was growing from the 1 percent who reported paying bribes in a 2015 poll.

Corruption: In January the country’s former chief of DISS was arrested as part of an ongoing investigation of alleged embezzlement at the National Petroleum Fund, according to press reports. In September President Masisi suspended his personal secretary after he was charged with abuse of office, money laundering, and receiving bribes.

Financial Disclosure: In August parliament passed a bill on declaration of assets and liabilities. A 2009 presidential directive requires all cabinet ministers to declare their interests, assets, and liabilities to the president.

Section 6. Discrimination, Societal Abuses, and Trafficking in Persons

Burkina Faso

Section 2. Respect for Civil Liberties, Including:

a. Freedom of Expression, Including for the Press

The constitution and law provide for freedom of expression, including for the press, but the government did not always respect this right. In June the National Assembly voted to amend the penal code banning journalists from reporting any security-related news in an effort to preserve national security and prevent the demoralization of the military. Attempts to “demoralize” members of the military was previously a crime, but the code was amended to state “by any means,” presumably to criminalize any press or other media intended to demoralize security forces. A 2015 law decriminalizes press offenses and replaces prison sentences with penalties ranging from one million to five million CFA francs ($1,700 to $8.500). Some editors complained that few newspapers or media outlets could afford such fines.

Despite the advent of the 2015 law, journalists occasionally faced criminal prosecution for libel and other forms of harassment and intimidation.

Freedom of Expression: The June revision of the penal code criminalizes communicating the position or movements of defense forces, or sites of national interest or of a strategic nature, and the publication of any terrorist crime scene without authorization. The law also permits a judge, at the request of a “public minister” (prosecutor), to block internet websites or email addresses being used to spread “false information” to the public. Local and international associations of journalists called for the rejection of the amendments as an unacceptable attempt to stifle freedom of speech. The law significantly increases penalties for the existing crime of publicly insulting another person if electronic communications are used to publish the insult, and it prohibits persons from insulting the head of state or using derogatory language with respect to the office.

Press and Media, Including Online Media: Independent media were active and expressed a wide variety of views, albeit with some restrictions. Foreign radio stations broadcast without government interference.

All media are under the administrative and technical supervision of the Ministry of Communications, which is responsible for developing and implementing government policy on information and communication. The Superior Council of Communication (CSC) monitored the content of radio and television programs, newspapers, and internet websites to enforce compliance with standards of professional ethics and government policy. The CSC may summon journalists and issue warnings for subsequent violations. Hearings may concern alleged libel, disturbing the peace, inciting violence, or violations of state security.

Censorship or Content Restrictions: In addition to prohibitions on publishing security-related information and insulting the head of state, the law also prohibits the publication of shocking images or material that demonstrates lack of respect for the deceased. Journalists practiced self-censorship, fearing that publishing blatant criticism of the government could result in arrest or closure of their newspaper.

Libel/Slander Laws: On September 23, the Djibo police filed a defamation suit for the “demoralization of police force” against the mayor of Djibo after he publicly denounced their behavior and accused them of rape and killing of civilians.

Nongovernmental Impact: Terrorist groups sought to inhibit freedom of expression by forcing women, predominantly in the North and Sahel Regions, to cover their heads, forcing men to wear religious garb, preventing children from going to non-Quranic school, and prohibiting civilians from drinking alcohol, smoking, frequenting bars, and listening to music at the risk of beatings or death.

b. Freedoms of Peaceful Assembly and Association

The law provides for the freedoms of peaceful assembly and association, but the government at times restricted these rights.

c. Freedom of Religion

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

d. Freedom of Movement

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

In-country Movement: The government required citizens to carry a national identity document, and it authorized officials to request the document at any time. Without a national identity card, citizens could not pass between certain regions of the country and were subject to arrest and fines.

Armed terrorists restricted movement of thousands of rural inhabitants throughout the country by planting improvised explosive devices on major highways, hijacking vehicles, and setting up checkpoints. In response to dozens of attacks by unknown armed groups presumed to be terrorists, local authorities instituted a ban on motorcycle traffic from 7 p.m. to 5 a.m. in the East and North Regions.

f. Protection of Refugees

Abuse of Migrants, Refugees, and Stateless Persons: 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, and other persons of concern.

Recurrent terrorist attacks hampered access by humanitarian workers to deliver lifesaving supplies and assistance to refugees and IDPs. On March 19, suspected terrorists killed two persons teaching refugee students at a secondary school in Djibo. UNHCR relocated 18 refugee students from Mentao refugee camp to Goudoubo refugee camp, allowing them to participate in their final exams. On May 24, suspected terrorists kidnapped three Burkinabe staff members of UNHCR’s international health partner, the Centre de Support en Sante International, resulting in the closure of a medical center for refugees. In July and August, hundreds of refugees living outside of camps in the North and Sahel Regions returned to camps seeking protection from attacks. On August 15, armed groups linked to violent extremist organizations attacked a security post on a main road near the Mentao refugee camp, killing three soldiers and wounding a refugee woman. In December 2018 a primary school in Mentao camp closed due to threats from terrorists.

Access to Asylum: The law provides for granting asylum or refugee status, and the government has established a system for providing protection to refugees. The Ministry of Women, National Solidarity, Family, and Humanitarian Affairs, aided by the National Committee for Refugees, is the focal point for coordination of national and international efforts.

Freedom of Movement: According to UNHCR, police arbitrarily arrested Fulani refugees travelling from the Sahel Region to Ouagadougou on multiple occasions, sometimes holding them in detention overnight before releasing them.

Access to Basic Services: According to UNHCR, public institutions such as banks, schools, and hospitals occasionally refused service to refugees on a discriminatory basis.

Temporary Protection: The government agreed to offer temporary protection to individuals who did not qualify as refugees, but there were no such applicants during the year.

Section 4. Corruption and Lack of Transparency in Government

The law provides criminal penalties for corruption by officials, but the government did not implement the law effectively. Throughout the year the press reported cases of misappropriation, fraud, or other offenses. The NGO National Network for Anti-Corruption cited the customs, police and General Directorate of Land and Maritime Transport as the most corrupt entities in the government.

Corruption: In August the government announced it would prosecute 12 employees of Iamgold Essakane SA for smuggling and fraud in the marketing of gold and other precious substances as hazardous waste for illegal export. Authorities opened an investigation of former minister of defense Jean-Claude Bouda and Minister of Infrastructure Eric Bougouma for using government funds to build personal wealth.

Financial Disclosure: A 2015 anticorruption law requires government officials–including the president, lawmakers, ministers, ambassadors, members of the military leadership, judges, and anyone charged with managing state funds–to declare their assets and any gifts or donations received while in office. The Constitutional Council is mandated to monitor and verify compliance with such laws and may order investigations if noncompliance is suspected. Disclosures are not made public, however, and there were no reports of criminal or administrative sanctions for noncompliance. As of September National Assembly members elected in 2015 had not complied with this law yet faced no sanctions.

In 2016 the Higher Authority for State Control and the Fight against Corruption extended the requirement to declare assets to include government officials’ spouses and minor children. Infractions are punishable by a maximum prison term of 20 years and fines of up to 25 million CFA francs ($42,400). The law also punishes persons who do not reasonably explain an increase in lifestyle expenditures beyond the 5 percent threshold set by regulation in connection with lawful income. Convicted offenders risk imprisonment for two to five years and a fine of five million to 25 million CFA francs ($8,500 to $42,400). A 2016 law limits the value of a gift a government official may receive to 35,000 CFA francs ($60).

Section 6. Discrimination, Societal Abuses, and Trafficking in Persons

Burundi

Section 2. Respect for Civil Liberties, Including:

a. Freedom of Expression, Including for the Press

The constitution and law provide for freedom of speech and press but ban “defamatory” speech regarding the president and other senior officials, material deemed to endanger national security, and racial or ethnic hate speech. Restrictions on freedom of speech and the press increased significantly following dissent against the president’s 2015 announcement that he would seek a third term in office and government accusations of media complicity in the 2015 failed coup. These restrictions continued and were applied to press outlets, including those critical of the government or the human rights situation in the country. Journalists and outspoken critics reported harassment and intimidation by security services and government officials. Social media networks, primarily Twitter and WhatsApp, served as news outlets, often replacing traditional news outlets. Forces allied to the CNDD-FDD repressed media perceived as sympathetic to the opposition, including print and radio journalists, through harassment, intimidation, and violence.

Freedom of Expression: The penal code, passed in 2009, protects public servants and the president against “words, gestures, threats, or writing of any kind” that is “abusive or defamatory” or would “impair the dignity of or respect for their office.” The law also prohibits racially or ethnically motivated hate speech. The penalty for conviction of insulting the head of state is six months to five years in prison and a fine of 10,000 to 50,000 Burundian francs ($5.40 to $27). Some journalists, lawyers, NGO personnel, and leaders of political parties and civil society stated the government used the law to intimidate and harass them.

Press and Media, Including Online Media: The government owned and operated daily newspapers in French and Kirundi, Le Renouveau and Ubumwe, and a radio and television station, Burundi National Television and Radio. The directors general of both outlets report to the Presidency. Rema FM, a CNDD-FDD radio station, also enjoyed support from the government, although it was technically independent. Radio Isanganiro was the country’s largest independent radio station. Iwacu, an independent newspaper that was generally critical of the government and its policies, continued to publish articles in French and English. It was sanctioned, however, by the National Communications Council (CNC) for reporting that was alleged to be biased against the government, and its journalists reported several incidents of harassment by national security services. On October 22, police arrested four journalists covering unrest in Bubanza, along with their driver. They were charged by the prosecutor with complicity in undermining state security. On November 20, the Ntahangwa Court of Appeal refused temporary release for the journalists but released the driver.

The CNC maintained its requirement that Iwacu close the comments section of its website. The 2018 suspension, in connection with a criminal complaint, of Ikiriho, a generally progovernment online news outlet, continued at year’s end. On November 21, the CNC suspended the online television station and the comments page of the news website NAWE.bi.

In 2017 the CNC announced a decision to withdraw the licenses of Radio Bonesha, Radio Publique Africaine (RPA), and Radio/Television Renaissance for breaches of their agreements with the CNC or for not abiding by content regulations. These three stations were shuttered by the government in 2015 after unidentified men destroyed their broadcasting equipment following a failed coup. Radio Bonesha continued to operate a website, and RPA continued to broadcast into the country from Rwanda.

The Voice of America (VOA) was suspended in May 2018 for an initial period of six months; the suspension was never formally renewed at the six-month mark, and the organization was suspended indefinitely in April. VOA removed its equipment from Burundi in November. In announcing the suspension, the CNC cited the outlet’s decision to broadcast “biased” information “contrary to the rules of the [journalistic] profession” and to employ journalists the government claimed were subject to arrest warrants. The government suspended the BBC at the same time and in April revoked its broadcast license, citing a documentary it produced that the government stated was defamatory. In announcing its decision to revoke the BBC’s license and prolong the VOA’s suspension indefinitely, the CNC issued a prohibition for any journalist to provide information to either outlet.

In 2013 the government passed a media law that requires journalists to reveal sources in some circumstances and prohibits the publication of articles deemed to undermine national security. In 2014 parliament revised the law following journalists’ successful appeal to the East African Court of Justice. The court’s decision caused parliament to remove from the media law some of its more draconian elements. Following the failed coup in 2015, the government invoked the law to intimidate and detain journalists. In September 2018 the government passed a law to regulate accreditation of journalists by increasing the prerequisites to include minimum requirements for education and prior experience and threatening criminal penalties for journalists found working without credentials. Reporters indicated there were lengthy delays in the accreditation process that prevented them from being able to work. Those who were able to continue working complained that government agents harassed and threatened media that criticized the government and the CNDD-FDD. Journalists had difficulty corroborating stories, as local sources were intimidated.

Violence and Harassment: The majority of independent journalists fled the country during and after the political crisis and crackdown in 2015; most had yet to return, citing threats to their safety. Several media outlets stated they received explicit threats that they would be closed if they published or broadcast stories critical of the government. The government detained or summoned for questioning several local journalists investigating subjects such as human rights abuses, corruption, or refugees fleeing the country. Journalists experienced violence and harassment at the hands of security service members and government officials. On February 12, a journalist for National Radio and Television of Burundi was arrested for filming police beating street vendors in Bujumbura. A police spokesperson stated the journalist was arrested for taking unapproved photographs and videos.

Censorship or Content Restrictions: The government censored media content through restrictive press laws established by the CNC, an organization that is nominally independent but subject to political control. According to Freedom House, observers regarded the CNC as a tool of the executive branch, as it regularly issued politicized rulings and sanctions against journalists and outlets. In 2016 the CNC passed two decrees regarding media activity, one for domestic journalists and one for foreign outlets operating in the country. The first compels all journalists to register annually with the CNC. The second limits the access granted to international journalists and establishes content restrictions on the products disseminated by these outlets. Broadly interpreted laws against libel, hate speech, endangering state security, and treason also fostered self-censorship, including by journalists working for the national broadcaster. Those who did not self-censor faced “reassignment” to jobs where they did not have access to the public or were fired.

The CNC regulates both print and broadcast media, controls the accreditation of journalists, and enforces compliance with media laws. The president appoints all 15 members, who were mainly government representatives and journalists from the state broadcaster.

Nongovernmental Impact: Many members of the governing party’s Imbonerakure youth wing collaborated with government security forces to inhibit freedom of expression. In some cases they were official members of mixed security councils, which comprise police, local administration officials, and civilians. The Imbonerakure’s members often occupied positions that were reserved for local citizenry, giving them a strong role in local policing. The mixed security committees remained controversial, as lines of authority increasingly blurred between Imbonerakure members and police. Journalists and human rights defenders accused Imbonerakure members of acting as irregular security forces and of using government resources to follow, threaten, attack, and arrest individuals they perceived as opposition supporters.

b. Freedoms of Peaceful Assembly and Association

c. Freedom of Religion

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 the government severely restricted these rights.

The government generally cooperated with the local UNHCR office and other humanitarian organizations in providing protection and assistance to refugees, asylum seekers, stateless persons, and other persons of concern. On August 24, the governments of Tanzania and Burundi signed an agreement whereby they agreed to the return of roughly 180,000 Burundian refugees in Tanzania, “whether voluntarily or not,” starting in October. Initial returnees were determined to be voluntary; however, later media reports indicated that some refugees who had initially volunteered to return, changed their minds but authorities disregarded their change of mind and forced them to leave. As of November 31, international organizations and human rights groups concluded that Tanzanian authorities were making conditions for refugees so difficult that in many cases their returns could not legitimately be considered voluntary. Nonetheless, there were no reports that the agreement between Burundi and Tanzania on cross-border criminal pursuit had been used to repatriate refugees forcibly. In December the governments of Burundi and Tanzania agreed to a three-week pause in returns, and further convoys of returnees were halted through the end of the year.

In-country Movement: According to several news sources, the government enforced the use of household logbooks, cahier or livret de menage, that listed the residents and domestic workers of each household in some neighborhoods of the capital. In numerous instances police arrested persons during neighborhood searches for not being registered in household booklets. Persons who attempted to cross the border to flee violence and reach refugee camps were sometimes stopped and turned back by police, the SNR, or Imbonerakure members. Stateless persons also faced restrictions on movement because, in addition to lacking identification documents, they may not apply for driver’s licenses and may not travel freely throughout the country.

Local governments established checkpoints on roads throughout the country on a widespread basis officially for the collection of transit taxes on drivers and passengers; the checkpoints were often staffed by police or members of the Imbonerakure. Checkpoints were also established for security purposes. There were frequent allegations that those staffing the checkpoints sought bribes before allowing vehicles to proceed. In some instances members of the Imbonerakure were accused of using the checkpoints to deny free movement to individuals for political reasons, such as failing to demonstrate proof of voter registration or of contributions for the funding of elections, for refusal to join the ruling party, or for suspicion of attempting to depart the country in order to seek refugee status.

Foreign Travel: The price of a passport was 235,000 Burundian francs ($127). Authorities required exit visas for foreigners who held nonofficial passports and who did not hold multiple-entry visas; these visas cost 48,000 Burundian francs ($25.95) per month to maintain. Most foreigners held multiple-entry visas and were no longer subject to this requirement. Stateless persons may not apply for a passport and may not travel outside the country.

f. Protection of Refugees

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

UNHCR estimated 75,000 refugees were in the country as of December, with a further 8,212 in the process of seeking asylum. Of the refugees and asylum seekers, more than 98 percent were Congolese, including arrivals during the year. Continuing violence in the Democratic Republic of the Congo prevented their return. Efforts begun in 2015 to resettle Congolese refugees in third countries continued.

Access to Basic Services: Refugees residing in camps administered by the government and the United Nations and its partners received basic services. The large percentage of refugees residing in urban areas also accessed services, such as education, health care, and other assistance offered by humanitarian organizations.

Section 4. Corruption and Lack of Transparency in Government

The law provides criminal penalties for official corruption, yet corruption remained a very serious problem. The government did not fully implement the law, and some high-level government officials engaged in corrupt practices with impunity. There were numerous reports of government corruption during the year. The constitution provides for the creation of a High Court of Justice to review accusations of serious crimes against high-ranking government officials. The anticorruption law applies to all other citizens, but no high-ranking person has stood trial for corruption.

Corruption: The public widely viewed police to be corrupt, and petty corruption involving police was commonplace. There were also allegations of corruption in the government, including incidents related to lack of transparency of budget revenue related to gasoline importation; to the management of public tenders and contracts, including in the health sector; and to the distribution of the country’s limited foreign currency reserves to finance imports. The Burundian Revenue Office has an internal antifraud unit, but observers accused its officials of fraud.

The state inspector general and the Anticorruption Brigade were responsible for investigating government corruption but were widely perceived as ineffective.

Financial Disclosure: The law requires financial disclosure by elected officials and senior appointed officials once every five years, but it does not require public disclosure. The Supreme Court receives the financial disclosures. By law the president, two vice presidents, and cabinet ministers are obligated to disclose assets upon taking office, but the nonpublic nature of the disclosure means compliance with this provision could not be confirmed. No other officials are required to disclose assets.

Section 6. Discrimination, Societal Abuses, and Trafficking in Persons

Cabo Verde

Section 2. Respect for Civil Liberties, Including:

a. Freedom of Expression, Including for the Press

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

Censorship or Content Restriction: Journalists practiced limited self-censorship, apparently largely due to their desire to eventually work for public sector media and because of family and social connections that make investigative journalism difficult.

On February 15, the Cabo Verde Television and Radio (RTC) board of directors published a Code of Ethics and Conduct the Media Regulatory Authority (ARC) and the Cabo Verdean Association of Journalists (AJOC) considered an abuse of freedoms of the press and expression. Both ARC and the Community of Portuguese-Speaking Countries (CPLP) Federation of Journalists condemned the code and stated it undermines individual freedoms of journalists in their public lives, particularly on social media, and it violates constitutionally protected rights to expression and information. AJOC stated the code contains censorship measures and called for its suspension. The RTC board stated it did not recognize the competence of ARC to form an opinion regarding its internal policies. ARC and AJOC rejected the RTC board’s dismissal of ARC’s regulatory authority, warning a state media company must respect regulatory structures, or it threatens rule of law. AJOC filed a formal complaint with ARC but lacked the funds to contract legal services. The parties were engaged in mediation to settle out of court. Prime Minister Correia e Silva, whose government promoted media disinformation awareness, sponsored legislation to require the RTC board to be named by an independent body rather than by the government.

b. Freedoms of Peaceful Assembly and Association

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

c. Freedom of Religion

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 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. The government ratified but never implemented the 1951 UN Protocol on the Status of Refugees, and no central authority manages the extremely few cases of refugees and asylum seekers. The government has no policy for handling refugees or asylum seekers, and there was no coordination among different agencies on requests for refugee or asylum status (see section 2.f.). The country has an agreement to coordinate repatriation with the International Organization for Migration (IOM) when foreign citizens request such assistance.

f. Protection of Refugees

Access to Asylum: The law does not provide for the granting of asylum or refugee status, and the government has not established a system for providing protection to refugees. The country has not established legislation or an institutional body for granting asylum or refugee status. Very few asylum applications were registered (UNHCR reported only two cases in 2011 and 2012 and none since). The actual number of asylum seekers was unknown since there is no systematic procedure in place to register and process asylum claims. Because UNHCR does not have an established presence in the country, asylum seekers who request protection and assistance are referred by the IOM to UNHCR’s regional representation for West Africa in Dakar, Senegal, which conducts refugee status determinations. Temporary protection mechanisms and access to basic services are in place for asylum seekers while they await a decision. Authorities permitted foreign victims of crime to remain in the country legally.

Section 4. Corruption and Lack of Transparency in Government

The law provides penalties of up to 15 years’ imprisonment for conviction of corruption by officials, and the government implemented the law effectively. Officials sometimes engaged in corrupt practices with impunity, especially at the municipal level, although there were no reports of government corruption during the year.

Corruption: In late 2018 a management turnover at Aguas de Santiago (ADS), a state-owned utility, revealed irregularities in bookkeeping by the previous chief executive officer. In March the Office of the Prosecutor General of the Republic charged the previous management team, the former president of ADS, and the former mayor of Santa Catarina de Santiago with embezzlement and abuse of power.

Financial Disclosure: The law sets parameters for public officials to submit declarations of ownership interest, income, and family wealth, and regulates public discussion of this information. These declarations should include any asset worth more than 500,000 escudos ($5,010). By law failure to submit a declaration is punishable by removal from office. The SCJ must approve public disclosure of the declarations. When involved in criminal cases of alleged corruption, public officials must declare or prove the source of their income or wealth. The SCJ is in charge of monitoring the law and enforcing compliance, but enforcement was poor.

Section 6. Discrimination, Societal Abuses, and Trafficking in Persons

Cameroon

Section 2. Respect for Civil Liberties, Including:

a. Freedom of Expression, Including for the Press

The law provides for freedom of expression, including for the press, but the government often restricted this right, explicitly or implicitly.

Freedom of Expression: Government officials penalized individuals or organizations that criticized or expressed views at odds with government policy. Individuals who criticized the government publicly or privately frequently faced reprisals. On several occasions, the government invoked laws requiring permits or government notification of public protests to stifle discourse. Many civil society and political organizations reported increased difficulty when obtaining approval to organize public gatherings.

In the early hours of February 23, police surrounded CRM headquarters in the Odza neighborhood of Yaounde and the New-Deido in Douala to prevent prospective activists from registering with the party. In other cities, such as Bafoussam and Mbouda in the West Region, security forces disrupted the registration process and arrested CRM activists. In Bafoussam, police seized CRM’s campaign truck and detained it along with its driver. On April 30, Zacheus Bakoma, the divisional officer for Douala 5, ordered a 90-day provisional closure of the Mtieki community hall after the CRM used the hall as a venue for a meeting on April 28.

Press and Media, including Online Media: Independent media were active and expressed diverse views. This landscape, however, included restrictions on editorial independence, in part due to stated security concerns related to the fight against Boko Haram, the Anglophone crisis, and the postelectoral crisis. Journalists reported practicing self-censorship to avoid repercussions for criticizing the government, especially on security matters. According to the 2018 Press Freedom Index by Reporters without Borders, the re-election of President Biya for a seventh term of office was accompanied by multiple instances of intimidation, attacks, and arrests of journalists.

Violence and Harassment: Police, gendarmes, and other government agents arrested, detained, physically attacked, and intimidated journalists for their reporting. Journalists were arrested in connection with their reporting on the Anglophone crisis. According to reports by multiple organizations, including the Committee to Protect Journalists (CPJ), police arrested Pidgin news anchor Samuel Wazizi, who worked for the Buea-based independent station Chillen Muzik and Television. The arrest occurred on August 2 in Buea, Southwest Region. Police initially held Wazizi at the Buea police station and subsequently handed him over to the military, who detained him on August 7 without access to his lawyer or family. As of late November, he was presumed to still be in detention.

Censorship or Content Restrictions: Under a 1990 law, the Ministry of Communication requires editors to submit two signed copies of their newspapers within two hours after publication. Journalists and media outlets reported practicing self-censorship, especially if the National Communication Council (NCC) had suspended them previously. In February the NCC issued a press release calling on journalists to be professional in their publications. The release was in reaction to media coverage following the January 26 protests called for by CRM, the arrests of hundreds of activists, including Maurice Kamto, and the ransacking of the Cameroonian embassy in Paris by anti-President Biya protesters. The NCC chairman indicated that the government had informed all professional media about the facts through official procedures and regretted that some press organizations continued to spread opinion contrary to government’s position, thereby maintaining confusion.

At its 23rd ordinary session, the NCC issued warning notices in 21 media regulation cases. The charges stated that the groups engaged in practices contrary to professional ethics, social cohesion, and national integration.

In a July 20 meeting with 100 private media outlet managers, Minister of Communications Rene Sadi chided Cameroon’s private media for abandoning its duty to “inform, educate, and entertain” by publishing articles that “sowed divisiveness and promoted tribalism.” He accused the private press of “playing politics under the influence of journalistic cover.” As of year’s end, no private television or radio station held a valid broadcasting license. Although the few that could afford the licensing fee made good-faith efforts to obtain accreditation, the ministry had not issued or renewed licenses since 2007. The high financial barriers coupled with bureaucratic hurdles rendered Cameroonian private media’s very existence illegal.

Libel/Slander Laws: Press freedom is constrained by libel laws that authorize the government to initiate a criminal suit when the president or other senior government officials are the alleged victims. These laws place the burden of proof on the defendant, and crimes are punishable by prison terms and heavy fines.

National Security: Authorities cited laws against terrorism or protecting national security to arrest or punish critics of the government. During a security meeting in Douala on August 9, Minister of Territorial Administration Paul Atanga Nji called on the representatives of NGOs and media professionals to be responsible, contribute their own quota to nation building, and avoid derogatory language that discredits government actions. Atanga Nji said many media houses in Douala organized weekly debates in order to sabotage government actions and promote secessionist tendencies. He urged private media organizations to exercise responsibility when carrying out their activities, warning them to construct, not destroy, the nation. He called on opposition political parties to respect the law and not to force his hand to suspend them. The minister also warned NGOs to respect the contract they signed with his ministry or be suspended.

Nongovernmental Impact: There were reports that separatist groups in the Southwest and Northwest Regions sought to inhibit freedom of expression, including for the press. In an August 13 online post, Moki Edwin Kindzeka, a Yaounde-based journalist, said it was becoming impossible for journalists to practice their profession, because they faced pressure from both separatist fighters and the government. The article was in reaction to Atanga Nji’s August 9 statements.

b. Freedoms of Peaceful Assembly and Association

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

c. Freedom of Religion

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

d. Freedom of Movement

Although the constitution and law provide for freedom of internal movement, foreign travel, emigration, and repatriation, at times the government restricted these rights. Growing concerns over the entry of armed groups into Cameroon from the Central African Republic (CAR) and the conflict with Boko Haram in the Far North Region appeared to have prompted the government to adopt a more restrictive approach to refugee movement. The government made it more difficult for refugees, asylum seekers, and stateless persons to move freely in the country.

In some instances, the government worked with the Office of the UN High Commissioner for Refugees (UNHCR) and other humanitarian organizations to provide protection and assistance to refugees, asylum seekers, stateless persons, and other persons of concern. The government sometimes failed to respect its obligations under relevant international laws. There were instances where it forcibly returned asylum seekers to their countries and did not readily provide humanitarian organizations such as the United Nations access to asylum seekers before refouling them.

In-country Movement: Using minor infractions as a pretext, police and gendarmes at roadblocks and checkpoints in cities and on most highways often extorted bribes and harassed travelers. Police frequently stopped travelers to check identification documents, vehicle registrations, and tax receipts as security and immigration control measures. Unaccompanied women were frequently harassed when traveling alone. Authorities restricted movements of persons and goods, including motorbikes, especially in the Northwest and Southwest Regions, citing security concerns. Armed Anglophone separatists also restricted the movements of persons and goods in the two Anglophone regions, sometimes in a deliberate attempt to harass and intimidate the local population. Humanitarian organizations cited difficulty in accessing certain areas and in some instances were harassed and denied passage by government authorities.

On June 14, Governor Adolphe Lele Lafrique of the Northwest Region lifted the curfew placed in the region since November 2018. The curfew, which lasted eight months, restricted movement of persons and property in the Northwest Region between 9 p.m. and 6 a.m.

f. Protection of Refugees

According to UNHCR and government estimates, the country hosted 403,208 refugees and 9,435 asylum seekers as of September 30. The refugee population included 291,803 CAR nationals, 108,335 Nigerians, and 1,599 Chadians. The remaining refugee population hailed from Rwanda, the Democratic Republic of Congo, Sudan, Cote d’Ivoire, Burundi, and the Republic of Congo.

In principle, Cameroon operates an open-door policy and has ratified the major legal instruments for refugee protection, including the 1951 Refugee Convention. These commitments were not translated into a progressive legal framework allowing refugees their rights as stated in various legal instruments.

Abuse of Migrants, Refugees, and Stateless Persons: The government cited other concerns, including security and suspicion of criminal activity, to justify arbitrary arrests and detention of refugees and asylum seekers. The government at times cooperated with UNHCR and other humanitarian organizations in providing protection and assistance to IDPs, refugees, returning refugees, asylum seekers, stateless persons, and other persons of concern.

Refoulement: The government stated there was no official policy of forcibly repatriating refugees. On January 16, however, Cameroon forcefully returned 267 Nigerian refugees fleeing Boko Haram to northeast Nigeria. In a February 27 statement, Medicins Sans Frontieres stated Cameroonian and Nigerian authorities ordered 40,000 refugees in Cameroon to return to northeast Nigeria and expressed concern over their possible fate due to continuing insecurity in Rann and a lack of humanitarian assistance. Tens of thousands of persons had fled the town of Rann in northeast Nigeria to Cameroon after a January attack by Islamist insurgents. In 2018 UNHCR and NGOs also reported cases of forced returns of asylum seekers, mostly of Nigerians. According to HRW, in 2017 more than 4,400 asylum-seeking Nigerians were forcibly returned to Nigeria. UNHCR reported that 1,300 were forcibly returned in 2018 and an estimated 600 in 2019. In February an estimated 40,000 Nigerian refugees who had fled to Cameroon in the wake of armed attacks were soon after returned to Nigeria, after Nigerian government officials advised that conditions were safe for their return. Humanitarian organizations, however, stated the conditions were unsafe for return and that the area was largely inaccessible to relief agencies.

Access to Asylum: The laws provide for granting asylum or refugee status, and the government has established a system of providing protection to refugees, but the implementation of this system is less likely. UNHCR continued to provide documentation and assistance to the refugee population. Nevertheless, local authorities did not always recognize these documents as official, which prevented refugees from travelling and engaging in business activities. UNHCR and the government continued to conduct biometric verification and registration of refugees in the Far North Region, including of those not living in a refugee camp.

Access to Basic Services: Refugees had limited access to health care, education, and employment opportunities. Their rural host communities faced similar challenges, but the situation was somewhat worse for refugees. Access to these services varied according to the location of the refugees, with those in camps receiving support through humanitarian assistance, while refugees living in host communities faced difficulty receiving services.

Durable Solutions: UNHCR and the governments of Cameroon and Nigeria started the voluntary repatriation of Nigerian refugees in Cameroon as agreed upon under the 2017 tripartite agreement. The first phase of the voluntary repatriation exercise was conducted on August 22, and involved 133 Nigerian refugees, who departed Maroua for Yola in Nigeria’s Adamawa State, using a Nigerian Air Force plane.

In June 2018 UNHCR carried out return intention surveys using a sample of 4,000 CAR refugees that indicated that approximately one quarter of those surveyed would be interested in going back home, while three quarters would prefer local integration as a durable solution. As of year’s end, UNHCR had assisted more than 2,000 CAR refugees who elected to voluntary return to their areas of origin.

Temporary Protection: The government provided temporary, unofficial protection to individuals who may not qualify as refugees, extending this protection to hundreds of individuals during the year, including third-country nationals who had fled violence in CAR. Due to their unofficial status and inability to access services or support, many of these individuals were subject to harassment and other abuses.

Section 4. Corruption and Lack of Transparency in Government

The law provides criminal penalties for corruption by officials, but the government did not implement the law effectively. The penal code identifies different offenses as corruption, including influence peddling, involvement in a prohibited employment, and nondeclaration of conflict of interest. Reporting of corruption was encouraged through exempting whistleblowers from criminal proceedings. Corruption in official examinations is punishable by up to five years’ imprisonment, fines up to two million CFA francs ($3,400), or both. There were reports that senior officials sentenced to prison were not required to forfeit ill-gotten gains.

In 2018 the National Anticorruption Commission instituted a toll-free number to encourage citizens to denounce acts of corruption of which they were victims or witnesses. In addition, there were a number of organizations who joined a common platform known as the National Platform of Cameroonian Civil Society Organizations, which under the 2018 Finance Law was provided a budget of 150 million CFA francs ($255,000).

Corruption: The results of the 2019 competitive examination into the National School of Administration and Magistracy highlighted unethical practices surrounding the organization of public service examinations. Anecdotal reports suggested most successful candidates either hailed from specific localities or were sponsored by or related to senior-level government officials, to the detriment of ordinary candidates.

The government continued Operation Sparrow Hawk that was launched in 2006 to fight embezzlement of public funds. As in the previous year, the Special Criminal Court opened new corruption cases and issued verdicts on some pending cases. On March 8, the court placed former defense minister Edgar Alain Mebe Ngo’o and his wife in pretrial detention at the Yaounde Kondengui Central Prison. Authorities accused them of financial malpractices associated with the purchase of military equipment for the army, from the time Mebe Ngo’o served as minister of defense.

Financial Disclosure: The constitution requires senior government officials, including members of the cabinet, to declare their assets prior to and after leaving office, but the government had not implemented it since its promulgation in 1996.

Section 6. Discrimination, Societal Abuses, and Trafficking in Persons

Central African Republic

Section 2. Respect for Civil Liberties, Including:

a. Freedom of Expression, Including for the Press

The constitution and law provide for freedom of expression and the press. The government generally respected these rights.

Press and Media, Including Online Media: Independent media were active and expressed a wide variety of views without restriction. All print media in the country were privately owned. Radio was the most widespread medium of mass communication. There were a number of alternatives to the state-owned radio station, such as Radio Centrafrique. Independent radio stations operated freely and broadcast organized debates and call-in talk shows that were critical of the government, election process, ex-Seleka, and Anti-balaka militias. International media broadcast within the country.

Public discussion and political debates were generally free from state authorities’ influence. Freedom of expression, however, was inhibited due to the risk of retaliation by armed groups for expressing opinions opposing their ideologies.

The government monopolized domestic television broadcasting, with coverage typically favorable to government positions.

b. Freedoms of Peaceful Assembly and Association

The constitution provides for the freedoms of peaceful assembly and association, including the right to participate in political protests. The government, however, denied most requests to protest that were submitted by civil society groups, citing insecurity in Bangui.

Between April and June, the government repeatedly denied the right to peacefully demonstrate to a platform of civil society and opposition political parties, known as “E Zingo Biani.” On June 15, “E Zingo Biani” attempted to organize a meeting at the UCATEX stadium located in the Combatant district in the eighth constituency of Bangui near the Bangui M’poko Airport. The group submitted a request to the Ministry of Interior and Public Security; however, the request was denied. The Central African police, supported by MINUSCA forces as well as citizens who were part of a proregime paramilitary group called the “Central African Sharks Movement,” led by Heritier Doneng, prevented the demonstration from taking place. The group attempted to circumvent the ban peacefully with a demonstration and a march. Police fired teargas at the demonstrators, several of whom were severely injured. Former minister Joseph Bendounga and two AFP reporters were arrested by the OCRB.

c. Freedom of Religion

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

d. Freedom of Movement

The constitution provides for freedom of internal movement, foreign travel, emigration, and repatriation, but the government did not always respect these rights.

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

In-country Movement: Armed groups and bandits made in-country movement extremely dangerous. Government forces, armed groups, and criminals alike frequently used illegal checkpoints to extort funds.

f. Protection of Refugees

Access to Asylum: The laws provide for the granting of asylum or refugee status, and the government has established a system for providing protection to refugees. Individuals that had fled their countries of origin and had prior criminal records, however, were immediately repatriated.

In June the government celebrated the 36th anniversary of the National Commission for Refugees and gave 42 Rwandan refugees asylum certificates to remain in CAR.

Section 4. Corruption and Lack of Transparency in Government

Although the law provides criminal penalties for corruption by officials, the government did not implement the law effectively, and officials often engaged in corrupt practices with impunity. In 2017 President Touadera issued a decree appointing members of the High Authority for Good Governance, an independent body mandated by the constitution. It is charged with protecting the rights of minorities and the handicapped, and with ensuring the equitable distribution of natural resource revenues, among other roles.

Corruption and nepotism have long been pervasive in all branches of government, and addressing public-sector corruption was difficult in view of limited government capacity.

Corruption: No corruption cases were brought to trial. There were widespread rumors and anecdotal stories of pervasive corruption and bribery. In July a parliamentary commission released a report with allegations of corruption including bribery among members of parliament, ministers, high-ranking civil servants, and Chinese mining companies operating in the prefectures of Ouham-Pende and Ouham. No legal actions were taken by the government.

Financial Disclosure: The constitution requires senior members of the executive, legislative, and judicial branches at the beginning of their terms to declare publicly their personal assets and income for scrutiny by the Constitutional Court. The constitution specifies that the law determine sanctions for noncompliance. Declarations are public. The constitution requires ministers to declare their assets upon departing government but is not explicit on what constitutes assets or income.

As of September there was no evidence that any ministers declared their assets.

Section 6. Discrimination, Societal Abuses, and Trafficking in Persons

Côte d’Ivoire

Section 2. Respect for Civil Liberties, Including:

a. Freedom of Expression, Including for the Press

The constitution and law provide for freedom of speech and press, but the government restricted both rights. The National Press Authority, the government’s print media regulatory body, briefly suspended or reprimanded newspapers and journalists for statements it contended were false, libelous, or perceived to incite xenophobia and hate.

Freedom of Expression: The law prohibits incitement to violence, ethnic hatred, rebellion, and insulting the head of state or other senior members of the government. In January an opposition member of parliament was charged with the dissemination of false information and incitement to revolt via a tweet and was sentenced to one year in jail and a fine of 300,000 CFA francs ($500). In February an appeals court changed the verdict to a six-month suspended sentence.

Press and Media, Including Online Media: The independent media were active and expressed a wide variety of views. The law bans “detention of journalists in police custody, preventive detention, and imprisonment of journalists for offense committed by means of press or by others means of publication.” The law, however, provides “fines ranging from one million to three million CFA francs ($1,700 to $5,000) for anybody found guilty of committing offenses by means of press or by others means of publication.” Newspapers aligned politically with the opposition frequently published inflammatory editorials condemning the government or fabricated stories to defame political opponents. The High Audiovisual Communications Authority (HACA) oversees the regulation and operation of radio and television stations. Opposition groups and civil society criticized the government’s control over the main state-owned television station, claiming it does not allow opposition views to be broadcast. There were numerous independent radio stations. The law prohibits transmission of political commentary by community radio stations, but the regulation authority allows community radio stations to run political programs if they employ professional journalists.

In May, one local press watchdog organization said there was very little independent press in the country since most media outlets were directly reliant on political parties or politicians for funding.

Violence and Harassment: According to an August report by Amnesty International, 14 activists had been arrested since the beginning of the year in a crackdown on dissenting voices.

In April a journalist was summoned and questioned by Abidjan police for four hours after contacting an activist campaigning against the Central Bank of West African States’ common currency used in the country, the West African CFA franc.

Censorship or Content Restrictions: The government influenced news coverage and program content on television channels and public and private radio stations. In June the HACA censored a documentary film on child labor in the cocoa industry produced by a French media outlet. Although set to air, the station instead displayed a blank screen. Journalists with the state-owned media regularly exercised self-censorship to avoid sanctions or reprisals from government officials. NGOs reported legal intimidation had a chilling effect on media coverage of certain topics.

Libel/Slander Laws: Libel deemed to threaten the national interest is punishable by six months to five years in prison.

b. Freedoms of Peaceful Assembly and Association

The law provides for the freedoms of peaceful assembly and association, but the government sometimes restricted the freedom of peaceful assembly.

c. Freedom of Religion

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

d. Freedom of Movement

The constitution and law do not specifically provide for freedom of movement, foreign travel, emigration, or repatriation, but the government generally respected these rights.

In-country Movement: There were reports of impediments to internal travel. Security forces and unidentified groups erected and operated roadblocks, primarily along secondary roads outside of Abidjan. Although some roadblocks served legitimate security purposes, racketeering and extortion were common. FACI occupied some checkpoints at border crossings, but fewer than in previous years. Discrimination against perceived foreigners and descendants of Burkinabe migrants, including difficulty obtaining nationality and identity documentation, remained an obstacle to free movement of stateless persons and those at risk of statelessness in the country.

f. Protection of Refugees

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

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

Durable Solutions: Refugee documents allowed refugees to move freely in the country, with refugees younger than age 14 included on their parents’ documents. Refugees also had access to naturalization, although UNHCR reported many refugees had been in the naturalization process for more than five years.

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

Section 4. Corruption and Lack of Transparency in Government

The law provides criminal penalties for corruption by officials, but the government did not implement the law effectively, and officials frequently engaged in corrupt practices with impunity. Human rights organizations reported significant official corruption, with corruption in the judiciary, police, and security forces being areas of particular concern. Many members of the security forces, including senior army officers, continued to engage in racketeering and extortion to profit from the illicit exploitation of natural resources. In September the head of the High Authority for Good Government (HABG), a government anticorruption authority, issued a communique in which he announced measures to end unauthorized charges for the delivery of administrative documents. Civil society groups and government officials reported the HABG was not empowered to act independently or to take decisive action to tackle corruption. The HABG can make recommendations, but the public prosecutor must decide to take up a case.

A government ministry said it reinforced and decentralized its Office of the Inspector General to facilitate more expeditious internal investigation procedures. The government also facilitated international training of Ivoirian magistrates to counteract money laundering.

Corruption: NGOs reported government authorities awarded many large contracts to persons or businesses with close connections to the executive branch. Since neither the proposals nor the contracts were made public, civil society organizations questioned the fairness and transparency of the procurement process.

In July, following a West African Economic and Monetary Union recommendation, the government endorsed a new public procurement code to increase the transparency of the public procurement process.

Financial Disclosure: A presidential decree requires the head of state, ministers, heads of national institutions, and directors of administration to disclose their income and assets. Since 2015 the HABG requires public officials to submit a wealth declaration within 30 days of the beginning of their term in office. The declaration was confidential, but the list of those who declared their wealth was publicly accessible in the official government journal. Officials who did not comply or provided a false declaration faced fines equal to six months of their salary. The procedures for reviewing the declaration of assets were not included in the implementing decree. The law requires the HABG to retain declarations of assets for at least 10 years.

Section 6. Discrimination, Societal Abuses, and Trafficking in Persons

Democratic Republic of the Congo

Section 2. Respect for Civil Liberties, Including:

a. Freedom of Expression, Including for the Press

The law provides for freedom of speech, including for the press, but the government did not always respect this right. The press frequently and openly criticized public officials and public policy decisions. Individuals generally could criticize the government, its officials, and other citizens in private without being subject to official reprisals. Public criticism, however, of government officials and corruption sometimes resulted in intimidation, threats, and arrest. Provincial-level governments also prevented journalists from filming or covering some protests. Through June 30, the UNJHRO documented human rights abuses against at least 85 journalists. On May 3, President Tshisekedi was the first head of state from the country to take part in World Press Freedom Day in Kinshasa, declaring the government’s commitment to promote freedom of the press.

Freedom of Expression: The law prohibits insulting the head of state, malicious and public slander, and language presumed to threaten national security. Authorities sometimes intimidated, harassed, and detained journalists, activists, and politicians when they publicly criticized the government, president, or SSF. On April 9, Radio Television Nsanga in Kasai Province was stormed by nine armed PNC officers on orders of the director of the local telecommunication authority. Journalists were ordered to abruptly interrupt broadcasting and leave the premises. The previous day agents from the telecommunication authority had asked the station to pay 338,000 Congolese francs ($200) in tax without explaining why. Plainclothes and uniformed security agents allegedly monitored political rallies and events.

Press and Media, Including Online Media: The law mandates the High Council for the Audiovisual and Communications to provide for freedom of the press and equal access to communications media and information for political parties, associations, and citizens. A large and active private press functioned in Kinshasa and in other major cities, and the government licensed a large number of daily newspapers. Radio remained the principal medium of public information due to limited literacy and the relatively high cost of newspapers and television. The state owned three radio stations and three television stations, and the former president’s family owned two additional television stations. Government officials, politicians, and to a lesser extent church leaders, owned or operated the majority of media outlets.

The government required newspapers to pay a one-time license fee of 250,000 Congolese francs ($150) and complete several administrative requirements before publishing. Broadcast media were also subject to a Directorate for Administrative and Land Revenue advertisement tax. Many journalists lacked professional training, received little or no set salary, could not access government information, and exercised self-censorship due to concerns of harassment, intimidation, or arrest.

In November local NGO Journalists in Danger (JED) reported 85 cases of attacks on media from November 2018 to October and attributed 25 percent of these attacks to state security forces. JED reported the number of attacks on media decreased by approximately 30 percent from 2018. JED reported 16 cases of arrests of journalists, a 70 percent decline from the previous year, including several who remained in detention for more than the legal limit of 48 hours without being charged. JED reported 41 instances of authorities preventing the free flow of information, as well as efforts to subject journalists to administrative, judicial, or economic pressure. At year’s end the government had not sanctioned or charged any perpetrator of press freedom violations.

On March 20, Flavien Rusaki, a journalist and owner of the news outlet Tokundola, which broadcasts on several television stations in Kinshasa, was assaulted by activists from the Union for Democracy and Social Progress (UDPS) political party outside its headquarters in Kinshasa. Rusaki was accompanying opposition figure Franck Diogo, who had just been released from prison following President Tshisekedi’s amnesty order, and was en route to UDPS party headquarters to show his support for the president. UDPS supporters accused Rusaki as a supporter of defeated presidential candidate Martin Fayulu and attacked him.

Violence and Harassment: Local journalists were vulnerable to intimidation and violence by the SSF. JED reported that on August 1, a FARDC soldier assaulted Frank Masunzu, a journalist for Radio Pole FM, in Masisi Territory of North Kivu Province, while trying to interview victims of alleged FARDC abuses.

Censorship or Content Restrictions: While the High Council for Audiovisual and Communications is the only institution with legal authority to restrict broadcasts, the government, including the SSF and provincial officials, also exercised this power.

Media representatives reported they were pressured by provincial government authorities not to cover events organized by the opposition or news concerning opposition leaders.

On June 29, the government forced Radio Television by Satellite (RTVS1), a media company owned by opposition leader Adolphe Muzito, to shut down, allegedly for tax arrears after it broadcast a message encouraging participation in a banned protest. This was the first such instance of forced media closure since President Tshisekedi took office, and the timing was seen as deliberate. The government did not reestablish RTVS1’s signal until August 1. On September 4, JED reported approximately 30 media outlets were closed throughout the country.

Libel/Slander Laws: The national and provincial governments used criminal defamation laws to intimidate and punish critics. On March 1, Radio Television Sarah journalist Steve Mwanyo Iwewe was sentenced by a provincial criminal court to 12 months in prison and a fine of 338,000 Congolese francs ($200) for insulting the governor of Equateur Province. Governor Bobo Boloko Bolumbu ordered Iwewe’s arrest on February 27 after he refused to stop filming a protest by employees of the local environmental department. Iwewe was freed on March 30 after successfully appealing his case. He reported that he was “brutally beaten by the governor’s bodyguards” during his arrest.

Local media reported that on August 1, Michel Tshiyoyo, a journalist for Radio Sozem in Kasai Central Province, was arrested over a social media post in which he discussed a dispute between two regional politicians. Martin Kubaya, the provincial governor, alleged the Facebook post was “hate speech.” On August 23, Tshiyoyo was sentenced to two years in prison. The Congolese National Press Union said Tshiyoyo had not committed any violations and called for his release. As of November he was still in prison.

National Security: The national government used a law that prohibits anyone from making general defamatory accusations against the military to restrict free speech.

Nongovernmental Impact: IAGs and their political wings regularly restricted press freedom in the areas where they operated.

b. Freedoms of Peaceful Assembly and Association

c. Freedom of Religion

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. The government sometimes restricted these rights.

Several high-profile opposition figures were allowed to return to the country after years in self-imposed exile. In April the government annulled a prison sentence in absentia for politician Moise Katumbi, enabling him to safely return in May for the first time in three years. Similarly, Antipas Mbusa Nyamwisi, another opposition politician, was granted a passport in May, allowing him to return to the country after more than a year in exile.

In-country Movement: The SSF established barriers and checkpoints on roads and at airports and markets, both for security reasons and to track movement related to the Ebola outbreak. The SSF routinely harassed and extorted money from civilians for supposed violations, sometimes detaining them until they or a relative paid. The government required travelers to submit to control procedures at airports and ports during domestic travel and when entering and leaving towns. IAGs engaged in similar activity in areas under their control, routinely extorting civilians at checkpoints and holding them for ransom.

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

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

Foreign Travel: Because of inadequate administrative systems, passport issuance was irregular. Officials accepted bribes to expedite passport issuance, and there were reports the price of fully biometric passports varied widely.

f. Protection of Refugees

As of August 31, UNHCR reported 538,706 refugees in the country, primarily from seven adjacent countries, of whom 216,018 were from Rwanda. Of the refugees in the country, 63 percent were children.

Abuse of Migrants, Refugees, and Stateless Persons: Continuing conflict in North Kivu, Ituri, and Tanganyika Provinces harmed refugees and IDPs in the regions, with attacks often resulting in deaths and further displacement. UNHCR reported Rwandan refugees in the Masisi Territory of North Kivu were subject to cyclical displacement as a result of FARDC and IAG operations and were forced to relocate to South Kivu.

The government occasionally cooperated with UNHCR and other humanitarian organizations in providing protection and assistance to IDPs, refugees, returning refugees, asylum seekers, stateless persons, or other persons of concern. In Bunia, Ituri Province, local authorities granted land for a new IDP site after UNHCR raised concerns the site hosting 11,000 IDPs near the city’s hospital during an Ebola outbreak was unfit.

In August the national government provided 422 million Congolese francs ($250,000) each to the governors of Kasai and Kasai Central to provide protection and transportation assistance to an estimated 6,000 to 10,000 returnees from Angola. Both governors worked with UNHCR, the World Food Program, Doctors Without Borders, and other international partners to facilitate the repatriation.

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

As of August 31, there were 10,144 asylum seekers in the country. The government cooperated with UNHCR and other humanitarian organizations in assisting refugees and asylum seekers with welfare and safety needs. The government assisted in the safe, voluntary return of refugees to their homes by allowing their entry into the country and facilitating immigration processing. In establishing security mechanisms, government authorities did not treat refugees differently than citizens.

Durable Solutions: On July 5, the government signed a tripartite agreement with the Central African Republic (CAR) and UNHCR, allowing CAR refugees to return home. At least 4,000 CAR refugees expressed their intention to return home. In November, 396 refugees returned to CAR from the northern part of the country in the first repatriation convoy.

The country did not invoke the cessation clause effective in 2013 for Rwandan refugees who fled Rwanda before the end of 1998. In 2016 the government joined other refugee-hosting countries and UNHCR to commit to facilitating repatriation of Rwandans from countries of asylum. To implement the tripartite agreement from 2014, the National Commission on Refugees and UNHCR began in 2016 the process of biometrically registering Rwandan refugees who opted to remain in the country. Refugees received long-term, renewable permits to remain in the country. The program included a path to citizenship. Conflict impeded the process in North Kivu, where most of the refugees were located. UNHCR continued to support voluntary repatriation, and between January and August it assisted in repatriating 1,088 Rwandan refugees.

Temporary Protection: The government provided temporary protection to an undetermined number of individuals who may not qualify as refugees (see section 1.g.).

Section 4. Corruption and Lack of Transparency in Government

The law provides criminal penalties for corruption by officials, but the government did not implement the law effectively, and officials frequently engaged in corrupt practices with impunity.

Corruption: Corruption by officials at all levels as well as within state-owned enterprises continued to deprive state coffers of hundreds of millions of dollars per year.

On July 11, President Tshisekedi stated the country would no longer tolerate “yesterday’s untouchable corrupters,” and he pledged to launch a national anticorruption awareness campaign. Of residents, 80 percent said they had to pay bribes to secure public goods and services such as police protection, water, birth certificates, and identification cards. The survey, conducted from February to March 2018, showed that 82 percent of respondents believed the presidency under Kabila was the most corrupt institution in the country. In September, Vital Kamerhe, President Tshisekedi’s chief of staff, was accused of embezzling 15 million dollars from a state fund established to reimburse petroleum companies for a price freeze. As of October an investigation was underway.

Elements of the SSF were undisciplined and corrupt. PNC and FARDC units regularly engaged in illegal taxation and extortion of civilians. They set up checkpoints to collect “taxes,” often stealing food and money and arresting individuals who could not pay bribes.

Additional revenue losses were due to racketeering and exploitation of minerals in the east by certain FARDC elements and IAGs. Artisanal mining remained predominantly informal and illicit and strongly linked to both armed groups and certain elements of the FARDC. Artisanal mining products, particularly gold, were smuggled into Uganda and Rwanda, often with the connivance of government officials.

As of 2017 research by the NGO IPIS estimated 44 percent of artisanal mine sites in the east were free of illegal control or taxation from either elements of the SSF or IAGs, 38 percent were under the control of elements of the FARDC, and the remainder were under the control of various armed groups. In areas affected by conflict, both IAGs and elements of the SSF regularly set up roadblocks and ran illegal taxation schemes. In April, IPIS published data showing state agents regularly sold tags meant to validate clean mineral supply chains. The validation tags–a mechanism designed to reduce corruption, labor abuses, trafficking in persons, and environmental destruction–were regularly sold to smugglers.

In 2014 the government launched a mechanism to standardize supply-chain processes across the Great Lakes region for artisanally produced cassiterite (tin ore), wolframite (tungsten ore), and coltan (tantalum ore), the implementation of which continued during the year. On July 26, the government publicly launched an initiative alongside international and local partners to validate tin, tungsten, tantalum, and gold mine sites, verifying no armed groups benefited from mining activities. The 2018 mining code mandated membership in mining cooperatives for all artisanal miners and required accreditation to transform, transport, and conduct transactions in artisanal mining products.

In 2013 Kofi Annan’s Africa Progress Panel estimated the country lost $1.36 billion between 2010 and 2012 due to undervalued mining asset sales. In 2018 the NGO Global Witness reported more than 1.3 billion Congolese francs ($750 million) in payments by mining companies to tax agencies and state mining companies between 2013 and 2015 never reached the national treasury. Also in 2018 the Carter Center reported 1.2 trillion Congolese francs ($750 million) in unaccounted for mining revenues earned by the parastatal Gecamines from 2011 to 2014. This constituted more than two-thirds of the 1.75 trillion Congolese francs ($1.1 billion) in mining revenues earned by Gecamines during this period. During the first half of the year, attempts to reform Gecamines by President Tshisekedi were systematically blocked by the holdover Kabila-era appointee in the Ministry of Portfolio, the body responsible for managing state-owned companies.

A June report from the UNGOE found armed groups regularly financed their activities through illegal mining. The report documented cases of government officials involved in the illegal diversion of minerals. According to the report, in December 2018 Isidor Olamba Shoja, head of the Mining Police in North Kivu’s Sake town, accepted a bribe of two million Congolese francs ($1,200) for the release of a smuggler arrested with 373 pounds of illegal coltan. After releasing the prisoner, Shoja kept the coltan. The UNGOE reported Shoja diverted minerals from smuggling groups several times, and that as of June he was in detention. On March 21, two other police officers were arrested for accepting a bribe to facilitate mineral smuggling.

The UNGOE also reported the armed group NDC-R, which they described as a proxy force of the FARDC, financed its activities through the control of artisanal gold and coltan mining sites in North Kivu. In January the NDC-R started to collect monthly taxes of 1,000 Congolese francs ($0.60) per adult. Persons were beaten, fined, and detained if they could not prove they paid the tax. The group also subjected local communities to forced labor. Men in Kalembe, North Kivu Province, were forced to perform construction work in mines controlled by the group.

As in previous years, a significant portion of the country’s enacted budget (approximately 13 percent) included off-budget and special account allocations that were not fully published. These accounts facilitated graft by shielding receipts and disbursements from public scrutiny. The special accounts pertained to eight parastatal organizations that raised revenues that were not channeled through the government’s tax collection authorities. “Special accounts” are subjected to the same auditing procedures and oversight as other expenditures; however, due in large part to resource constraints, the Supreme Audit Authority did not always publish its internal audits, or in many cases published them significantly late. Under the Extractive Industries Transparency Initiative (EITI) standard of 2016, the government is required to disclose the allocation of revenues and expenditures from extractive companies. On June 16, the EITI board noted the country had made meaningful progress in its implementation of the 2016 standard but also expressed concern over persistent corruption and mismanagement of funds in the extractive sector.

Financial Disclosure: The law requires the president and ministers to disclose their assets to a government committee. The president and all ministers and vice ministers reportedly did so when they took office. The committee had yet to make this information public.

Section 6. Discrimination, Societal Abuses, and Trafficking in Persons

Djibouti

Section 2. Respect for Civil Liberties, Including:

a. Freedom of Expression, Including for the Press

The constitution and law allow for freedom of expression, including for the press, provided the exercise of these freedoms complies with the law and respects “the honor of others.” The government did not respect these rights. The law provides prison sentences for media offenses.

Freedom of Expression: Individuals who criticized the government publicly or privately could face reprisals.

According to reports, on June 19, Mohamed Ali Samireh and Chehem posted video on Facebook alleging the Ministry of Education fabricated charges against six teachers in a highly publicized case. Mohamed and Chehem were arrested by the National Security Service and released a week later without charge.

Press and Media, Including Online Media: Privately owned or independent newspapers were distributed on an irregular basis. Printing facilities for mass media were government owned, which created obstacles for those wishing to criticize the government. The principal newspaper, La Nation, maintained a monopoly on authorized print media. The government owned the only radio and television stations, operated by Radio Television Djibouti. The official media generally did not criticize government leaders or policy, and opposition access to radio and television time remained limited. Foreign media broadcast throughout the country, and cable news and other programming were available via satellite.

The government owned the only radio and television stations, operated by Radio Television Djibouti. The official media generally did not criticize government leaders or policy, and opposition access to radio and television time remained limited. Foreign media broadcast throughout the country, and cable news and other programming were available via satellite.

The NCC, under the Ministry of Communication, issues licenses to private citizens and political parties wishing to operate media outlets in the country. To date the Facebook page Djib-Live, which provides news, commentary, and entertainment, is the only nongovernmental entity in the country to receive a license (in late 2017). In October 2018 privately owned journal Le Renard applied for a license but was rejected. Foreign media outlets and journalists, including BBC and Al Jazeera, are not required to obtain a domestic license. They register directly with the Ministry of Communication.

Violence and Harassment: The government harassed journalists.

Censorship or Content Restrictions: Media law and the government’s harassment and detention of journalists resulted in widespread self-censorship. Some opposition members used pseudonyms to publish articles.

Libel/Slander Laws: The government used laws against libel and slander to restrict public discussion and retaliate against political opponents.

Actions to Expand Freedom of Expression, including for media: In May the government granted opposition political party the Center for Democratic Unity authorization to distribute a newsletter, the first authorization of its kind. Other opposition political groups and civil society activists circulated unauthorized newsletters and other materials via email and social media sites.

b. Freedoms of Peaceful Assembly and Association

The government limited freedoms of peaceful assembly and association. Opposition members alleged security forces routinely cancelled or disrupted meetings and other political events.

c. Freedom of Religion

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

d. Freedom of Movement

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

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

Foreign Travel: Citizens, including opposition members, reported immigration officials refused to renew their passports.

For the second consecutive year, opposition leader Kadar Abdi Ibrahim, secretary general of the MoDeL opposition party, claimed the government withheld his passport.

f. Protection of Refugees

Abuse of Migrants, Refugees, and Stateless Persons: The government collaborated with the Office of the UN High Commissioner for Refugees (UNHCR) and other humanitarian organizations in expanding protection and assistance to internally displaced persons, refugees, returning refugees, asylum seekers, stateless persons, and other persons of concern.

Access to Asylum: The law provides for granting asylum or refugee status. Asylum seekers from southern Somalia and Yemen were prima facie considered eligible for asylum or refugee status. The National Office for Assistance to Refugees and Disaster Victims (ONARS) and UNHCR issued identification cards to Yemeni refugees. The National Eligibility Commission (NEC), which falls under the Ministry of Interior and consists of staff from ONARS and several ministries, must review all other asylum claims; UNHCR participates as an observer. Ethiopian and Eritrean asylum seekers reported discrimination in the status determination process.

The government reconfigured the NEC and held monthly meetings in accordance with the law. There was a backlog of more than 10,000 persons awaiting status determination.

Employment: Scarce resources and employment opportunities limited local integration of refugees. Many, especially in the Yemeni refugee community, worked in restaurants, as daily manual laborers, fishers, and street vendors. By law documented refugees can work without a work permit in contrast to previous years, and many (especially women) did so in jobs such as house cleaning, babysitting, or construction. The law provides little recourse to challenge working conditions or seek fair payment for labor.

In conjunction with the International Organization for Migration (IOM) and UNHCR, the government supported vocational training for 97 refugees. A small number of the participants found local employment.

Access to Basic Services: Levels of protection and assistance in the refugee camps routinely fell short of international standards. The Ali Addeh camp was overcrowded, and basic services such as potable water and shelter were inadequate. The government did not issue birth certificates to children born in the Ali Addeh and Holl-Holl refugee camps for several months. Health services in the camps were not adequate, despite refugees and asylum seekers having legal access to the public health system. Problems included: lack of prescription drugs, absence of emergency care, and a weak referral system to advanced health care.

Yemeni refugees received basic services such as water, food, shelter, and medical services at Markazi camp. The government issued birth certificates to children born in the camp.

During the 2018-19 academic year, the government expanded a Ministry of Education-accredited English curriculum to second grade refugee youth. Previously UNHCR provided refugees in the Ali Addeh and Holl-Holl refugee camps with a Kenya-adapted curriculum taught in English and French that was not recognized by Kenyan and Djiboutian authorities. Refugees in the Markazi camp had access to instruction based on a Yemeni and Saudi curriculum taught in Arabic. The government owned the only radio and television stations, operated by Radio Television Djibouti. The official media generally did not criticize government leaders or policy, and opposition access to radio and television time remained limited. Foreign media broadcast throughout the country, and cable news and other programming were available via satellite.

The NCC, under the Ministry of Communication, issues licenses to private citizens and political parties wishing to operate media outlets in the country. To date the Facebook page Djib-Live, which provides news, commentary, and entertainment, is the only nongovernmental entity in the country to receive a license (in late 2017). In October 2018 privately owned journal Le Renard applied for a license but was rejected. Foreign media outlets and journalists, including BBC and Al Jazeera, are not required to obtain a domestic license. They register directly with the Ministry of Communication.

In April the Ministry of Agriculture assumed control over water provision and sanitation within the refugee communities.

Temporary Protection: The government provided temporary protection to a limited number of individuals who may not qualify as refugees. Authorities often temporarily jailed economic migrants, primarily from Ethiopia, attempting to transit the country to enter Yemen, before deporting them. The government worked with the IOM to provide health services to those migrants deemed “vulnerable” while they awaited deportation or voluntary return. The minister of health stationed two doctors in the country (one in the north and one in the south) to support migrants and citizens. The Coast Guard operated a migrant transit center in Khor Angar that functioned as a first response center for migrants stranded at sea.

The National Police decreased its presence at the Ali Addeh refugee camp, implemented after the 2014 terrorist attack. The gendarmerie, however, maintained its presence at the Markazi refugee camp.

With the support of the local National Union of Djiboutian Women (UNFD), mobile courts traveled to the largest camp, Ali Addeh, to hear the backlog of pending cases. In 2017 the UNFD also placed a full-time staff member in all refugee camps to provide support for domestic violence victims. International media reported cases of domestic violence in refugee camps, although the status of subsequent investigations was unknown. Impunity remained a problem.

Section 4. Corruption and Lack of Transparency in Government

The law provides criminal penalties for official corruption, but the government did not implement the law effectively, and officials engaged in corrupt practices with impunity. According to the World Bank’s most recent Worldwide Governance Indicators, government corruption was a serious problem.

Corruption: No known high-level civil servants were disciplined for corruption. During the year the government resumed an initiative begun in 2012 to rotate accountants among government offices as a check on corruption. The law requires the Court of Accounts and Inspectorate General to report annually on corruption findings, but both entities lacked resources, and reporting seldom occurred.

During the year the Court of Budget and Disciplinary Action issued its annual report on corruption available online. The court also called a conference with local journalists to distribute reports. The authority to prosecute corruption, however, lies with the Criminal Court.

Financial Disclosure: Public officials are subject to financial disclosure laws, but they usually did not abide by the law.

Section 6. Discrimination, Societal Abuses, and Trafficking in Persons

Equatorial Guinea

Section 2. Respect for Civil Liberties, Including:

a. Freedom of Expression, Including for the Press

Although the constitution and law provide for freedom of speech and press, the government has extensive legal powers to restrict media activities. The government restricted journalistic activity through prepublication censorship. Media remained weak and under government influence or control. Persons close to the president, including his son, the vice president, owned the few private media outlets that existed. Most journalists practiced self-censorship. Those who did not were subject to government surveillance, arrests, and threats.

Freedom of Expression: Individuals generally chose not to criticize the president, his family, other high-ranking officials, and security forces due to fear of reprisal. The government attempted to impede criticism by continuing to monitor the activities of opposition members, journalists, and others.

The government owned the only national radio and television broadcast system, Radio-Television of Equatorial Guinea. Vice President Teodoro Nguema Obiang Mangue owned the only private broadcast media, Television Asonga and Asonga Radio. Journalists who worked for these entities could not report freely. During the legislative and municipal elections in 2017, the government censored all international channels.

The government denied or left pending requests by political parties to establish private radio stations. Satellite broadcasts were widely available, including the French-language Africa24 television channel, which the government partially owned.

International news agencies did not have correspondents or regular stringers in the country. As most foreigners need visas to visit the country, the time-consuming nature of the process effectively dissuaded some journalists from travelling, although international media covered major events. In other cases, the government may have prevented reporters from obtaining visas.

Violence and Harassment: Security forces detained, intimidated, and harassed journalists. The government took no steps to preserve the safety and independence of media or to prosecute individuals who harassed journalists.

On August 27, police in Bata arrested presenter Milanio Ncogo and reporter Ruben Dario Bacale, employees of Asonga TV, and held them without charge until September 8, when both were released from jail and fired from their jobs. The arrests were retaliation for an interview Bacale conducted with Nazario Oyono Kung, a judge suspended by the president of the Supreme Court.

Libel/Slander Laws: The government used laws against libel and slander, both of which are criminalized, to restrict public discussion.

b. Freedoms of Peaceful Assembly and Association

The government restricted freedoms of peaceful assembly and association, although the constitution and law provide for these freedoms.

c. Freedom of Religion

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, but the government often restricted these rights. Multiple members of the opposition reported that the authorities delayed the renewal of their identity documents, effectively limiting their ability to travel within the country and abroad. Gabriel Nze Obiang of CI stated in December that after one and a half months there was no update on his documents renewal, and that his application was not listed in the system, although the regular period of time to receive a new document was approximately two weeks.

In-country Movement: Police at roadblocks routinely checked travelers and some engaged in petty extortion. Frequent roundups of foreign nationals that the government claimed were necessary to counter irregular immigration, delinquent activities, and coup attempts also occurred at roadblocks.

Foreign Travel: The government has been known to issue temporary travel prohibitions on senior government officials due to alleged national security concerns.

On March 15, authorities detained human rights defender Alfredo Okenve Ndo at the airport in Malabo, handcuffed him, put him on a military flight to his home in Bata, placed him under house arrest, confiscated his passport and cellular telephone, and temporarily banned him from travel outside the country. Authorities had banned him the same day from receiving the “Franco-German prize for human rights,” which had been announced in 2018.

f. Protection of Refugees

Abuse of Migrants, Refugees, and Stateless Persons: The government did not generally cooperate 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. UNHCR did not maintain an office in country.

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

Section 4. Corruption and Lack of Transparency in Government

While the law provides severe criminal penalties for official corruption, the government did not effectively implement the law. Officials frequently engaged in corrupt practices with impunity. There were numerous reports of government corruption during the year, as the president and members of his inner circle continued to amass personal fortunes from the revenues associated with monopolies on all domestic commercial ventures, as well as timber and oil exports. Corruption at all levels of government was a severe problem.

Numerous foreign investigations continued into high-level official corruption. According to Freedom House, the budget process was “opaque.” The government implemented a number of IMF recommendations to improve fiscal transparency during the year, including auditing state-owned enterprises and public debt using international accounting firms, and publishing data on public sector debt in the budget.

There are no specific laws about conflict of interest or nepotism.

Financial Disclosure: The constitution and law require public officials to declare their assets to the National Commission on Public Ethics, although no declarations were made public and the government did not effectively enforce the law. There are no formal procedures to control submission of asset disclosures and no penalties for noncompliance.

Section 6. Discrimination, Societal Abuses, and Trafficking in Persons

Eswatini

Section 2. Respect for Civil Liberties, Including:

a. Freedom of Expression, Including for the Press

The constitution and law provide for freedom of expression, including for the press, but the government restricted this right, particularly with respect to press freedom and matters concerning the monarchy.

Freedom of Expression: In one case an activist was arrested and detained for criticizing the king in a civil court case (see section 1.e, Political Prisoners and Detainees).

Press and Media, Including Online Media: The law empowers the government to ban publications it deems “prejudicial or potentially prejudicial to the interests of defense, public safety, public order, public morality, or public health.”

Daily independent newspapers criticized government corruption and inefficiency but generally avoided criticizing the royal family. Independent online media and an independent monthly magazine were more likely to criticize the royal family as well as government. Many government officials avoided providing information to journalists. According to a 2018 survey of eight government organizations by the NGO Media Institute of Southern Africa, only Municipal Council of Mbabane members were willing to respond to journalists’ requests for information. Since the new government took office in November 2018, government officials have become far more communicative, with official spokespeople appointed to every ministry, the launch of an official government Twitter page, and quarterly, on-the-record press briefings for all editors with the prime minister and other cabinet members.

Broadcast media remained firmly under state control. Most persons obtained their news from radio broadcasts. Access to speak on national radio was generally limited to government officials, although the University of Eswatini was granted a radio license to broadcast university events. Despite invitations issued by the media regulatory authority for interested parties to apply for licenses, no licenses were awarded. In March the first community radio station was registered, and at year’s end it was raising funds to apply for a license and start broadcasting.

Censorship or Content Restrictions: Although observers noted journalists since 2017 have become more willing to speak out against the government, some journalists and most broadcast media practiced self-censorship due to fear of reprisals, such as losing paid government advertising, particularly if their reporting was perceived as critical of the monarchy.

National Security: Although the country has no formal criminal libel or slander laws and has no laws forbidding criticism of the monarchy, the government prosecuted one individual for criticizing the king, using provisions of antiterrorism and other laws (see section 1.e, Political Prisoners and Detainees).

b. Freedoms of Peaceful Assembly and Association

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

c. Freedom of Religion

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.

By traditional law and custom, chiefs have the power to decide who may reside in their chiefdoms; evictions sometimes occurred due to internal conflicts, alleged criminal activity, or opposition to the chief.

f. Protection of Refugees

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

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.

Freedom of Movement: The government generally allowed freedom of internal movement for resettled refugees. Refugees could visit the neighboring countries of Mozambique and South Africa with ease.

Durable Solutions: The government permanently resettled refugees in the country. It allowed some refugees to compete for jobs and granted them work permits and temporary residence permits. The government also provided refugees with free transportation twice a week to buy and sell food in local markets. Refugees who live in the country more than five years are eligible for citizenship. The government conducted a psychological support program that provided counseling to refugees.

Section 4. Corruption and Lack of Transparency in Government

The law provides criminal penalties for corruption by officials, but the government did not implement the law effectively. Officials sometimes engaged in corrupt practices with impunity. There were isolated reports of government corruption during the year, although there was a widespread public perception of corruption in the executive and legislative branches of government and a consensus that the government did little to combat it.

Corruption: The law provides criminal penalties for corruption by officials, but the government did not implement the law effectively. Officials sometimes engaged in corrupt practices with impunity. Corruption continued to be a problem, most often involving personal relationships and bribes being used to secure government contracts on large capital projects. In October the royal family accepted a gift of 13 luxury vehicles from a company that receives millions of dollars in government contracts. There also were reports of immigration and customs officials seeking bribes to issue government documents such as visas and resident permits. A 2019 Transparency International survey stated that 17 percent of respondents reported paying a bribe, up from 9 percent in 2015.

There were credible reports that a person’s relationship with government officials influenced the awarding of government contracts; the appointment, employment, and promotion of officials; recruitment into the security services; and school admissions. Authorities rarely acted on reported incidents of nepotism.

Although parliament’s Public Accounts Committee was limited in its authority to apply and enforce consequences except by drawing public attention to potential corruption, it continued to pursue investigations, particularly those related to public spending, and received broad media attention for its efforts.

Financial Disclosure: The constitution prohibits government officials from assuming positions in which their personal interests are likely to conflict with their official duties. The constitution requires appointed and elected officials to declare their assets and liabilities to CHRPAI. The commission is mandated to monitor and verify disclosures. There are criminal and administrative sanctions for noncompliance. Sanctions for failure to disclose assets and conflicts of interest include removal from office, disqualification from holding a public office for a period determined by a court, and confiscation of any property illegitimately acquired during tenure in office. According to the commission, the majority of those required to declare assets and liabilities did so, but the commission suspected underreporting in some cases. The commission did not make this information public.

Section 6. Discrimination, Societal Abuses, and Trafficking in Persons

Ethiopia

Section 2. Respect for Civil Liberties, Including:

a. Freedom of Expression, Including for the Press

The constitution and law provide for freedom of expression, including speech and for the press. With the encouragement of Prime Minister Abiy, a number of new and returned diaspora media outlets were able to register and begin operations in the country.

Freedom of Expression: Upon taking office in April 2018, Prime Minister Abiy stated freedom of speech was essential to the country’s future. NGOs subsequently reported that practices such as arrests, detention, abuse, and harassment of persons for criticizing the government dramatically diminished.

Press and Media, Including Online Media: Independent media reported access to private, affordable, independent printing presses was generally limited to a single government-owned facility, which allowed government intimidation. Independent media cited limited access to a printing facility as a major factor in the small number, low circulation, and infrequent publication of news. State media moved toward more balanced reporting during the year, but strong government influence remained evident.

In Addis Ababa eight independent newspapers had a combined weekly circulation of approximately 44,000 copies; there were in addition two sports-focused newspapers. There were no independent newspapers outside the capital. Nine independent weekly, monthly, and bimonthly magazines published in Amharic and English had a combined circulation estimated at 27,000 copies. State-run newspapers had a combined daily circulation of approximately 50,000 copies. Most newspapers were printed on a weekly or biweekly basis, except state-owned Amharic and English dailies and the privately owned Daily Monitor. Government-controlled media closely reflected the views of the government and ruling EPRDF party. The government controlled the only television station that broadcast nationally, which, along with radio, was the primary source of news for much of the population. Two government-owned radio stations covered the entire country, 12 private FM radio stations broadcast in the capital, one FM radio station operated in the Tigray Region, and 49 community radio stations broadcasting in other regions. The state-run Ethiopian Broadcasting Corporation had the largest broadcast range in the country, followed by the Fana Broadcasting Corporation, generally regarded as affiliated with the EPRDF ruling party. There were 31 licensed satellite television stations and 28 radio stations.

The law prohibits political and religious organizations, as well as foreigners from owning broadcast stations.

Violence and Harassment: The government’s arrest, harassment, and prosecution of journalists sharply declined, and imprisoned journalists were released.

On February 23, Oromia regional police detained two journalists from the privately owned online news outlet Mereja Television. Reporter Fasil Aregay and cameraman Habtamu Oda were interviewing individuals displaced by home demolitions when they were detained. Following the detentions, a mob attacked the two journalists in front of the police station in Legetafo.

On July 18, security personnel in Hawassa, the capital of the SNNP Region, arrested Getahun Deguye and Tariku Lemma, managers of the Sidama Media Network, and two board members. Police released one of the board members unconditionally after a few hours while the rest remained detained under allegations they were involved in the July 18 violence in Sidama Zone.

Censorship or Content Restrictions: Many private newspapers reported informal editorial control by the government. Examples of government interference included requests regarding specific stories and calls from government officials concerning articles perceived as critical of the government. Private-sector and government journalists routinely practiced self-censorship.

b. Freedoms of Peaceful Assembly and Association

The government limited freedoms of peaceful assembly and association.

c. Freedom of Religion

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. The government cooperated with the Office of the UN High Commissioner for Refugees (UNHCR) and other humanitarian organizations in providing protection and assistance to IDPs, refugees, returning refugees, asylum seekers, stateless persons, and other persons of concern. At times authorities or armed groups limited the ability of humanitarian organizations to operate in areas of insecurity, such as on the country’s borders.

In-country Movement: Throughout the year local media reported various Amhara-Tigray roadblocks operated by civilians, some of which were still in place as of September. While the roadblocks are not state sanctioned, both regional and federal authorities were unable to open the roads for free movement.

Foreign Travel: The government lifted a ban on the travel of workers to Gulf countries (Saudi Arabia and Qatar) as of October 2018, following the signing of bilateral agreements with those countries. The government had instituted the ban in 2013 following reports of abuse and complaints that employment agencies lured its citizens into working abroad in illegal and appalling conditions. The agreements obligate hosting countries to ensure the safety, dignity, and rights of Ethiopian employees. The agreements also grant insurance for the workers and facilitate support from the government’s representatives in the Gulf.

f. Protection of Refugees

As of July the country hosted 655,105 refugees. Major countries of origin were South Sudan (303,733), Somalia (175,961), Eritrea (100,566), and Sudan (50,777).

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

Employment: On January 17, parliament passed a law greatly expanding the rights of refugees hosted in the country. The Refugee Proclamation grants refugees the right to work, access primary education and financial institutions, obtain drivers’ licenses, and register births, marriages, and deaths. The law provides neither guidance on how the right to work will be implemented in practice, nor who will be eligible.

Durable Solutions: The government welcomed refugees to settle in the country but did not offer a path to citizenship or provide integration. Eritrean refugees were the exception, as they are eligible for out-of-camp status if they are sponsored by an Ethiopian citizen to leave the refugee camp. Refugee students who passed the required tests could attend university with fees paid by the government and UNHCR. In June UNHCR, UNICEF, the Ethiopian Vital Events Registration Agency, and the Agency for Refugees and Returnees Affairs (ARRA) opened the first one-stop-shop in the Bambasi Refugee Camp in Benishangul-Gumuz for refugees to register births, marriages, divorces, and deaths and receive protection referrals and civil documentation in line with the Global Compact on Refugees.

In July UNHCR and ARRA completed a comprehensive Level 3 registration exercise for refugees in the country. The number of recorded refugees decreased as a result from 905,831 to 655,105. Registration was available in Addis Ababa and in all 26 refugee camps. The reasons for the decrease in registered refugees included nomadic lifestyles so they were not present in the camps, removal of double-counted refugees or citizens who registered as refugees during an influx, and some spontaneous returns to South Sudan.

Section 4. Corruption and Lack of Transparency in Government

The law provides criminal penalties for conviction of corruption. The government did not implement the law effectively or comprehensively.

Corruption: Corruption, especially the solicitation of bribes, including police and judicial corruption, remained a problem. Some stakeholders believed government officials manipulated the land allocation process and state- or party-owned businesses received preferential access to prime land leases and credit. The law mandates that the attorney general investigate and prosecute corruption cases.

In January 2017 former prime minister Hailemariam announced the establishment of the Corruption Directorate within the Federal Police Commission with powers to investigate systemic corruption cases. The government’s rationale in establishing the investigation bureau was to increase transparency throughout the government bureaucracy. On January 23, Amhara regional police, with the support of federal police, arrested Bereket Simon on corruption charges associated with mismanagement of the Tiret Endowment in his capacity as board chairman. On May 7, the federal attorney general charged former NISS director Getachew Assefa with grand corruption under the Corruption Crimes Proclamation.

Financial Disclosure: The law requires all government officials and employees to register their wealth and personal property. The law includes financial and criminal sanctions for noncompliance. The Federal Ethics and Anticorruption Commission holds financial disclosure records. By law any person who seeks access to these records may make a request in writing; access to information on family assets may be restricted unless the commission deems the disclosure necessary.

Section 6. Discrimination, Societal Abuses, and Trafficking in Persons

While the government’s political transformation contributed to a reduction in the number of deaths from engagement with government forces, violence between communities and among citizens began to rise.

Gabon

Section 2. Respect for Civil Liberties, Including:

a. Freedom of Expression, Including for the Press

The constitution and law provide for freedom of expression, including for the press, and the government generally respected this right. Nevertheless, on March 20, the High Authority of Communication (HAC) suspended five media outlets, including the newspapers LAube on April 10 and Echos du Nord in March. HAC suspended LAube for six months for defamation and misleading information related to former high representative for the president Maixent Accrombessi. Following two 2018 suspensions, Echos du Nord was suspended for four months for defamation of the president of the Constitutional Court.

Press and Media, Including Online Media: Independent media were active, but authorities occasionally used libel and slander laws to restrict media criticism of the government. The country’s sole daily newspaper, LUnion, was progovernment. All newspapers, including government-affiliated ones, criticized the government and political leaders of both opposition and progovernment parties. The country had both progovernment and opposition-affiliated broadcast media. According to NGO Reporters without Borders, domestic law on freedom of expression and media freedom did not meet international standards.

Violence and Harassment: There were no cases of journalists being harassed or intimidated, although some journalists reported they received anonymous instructions or calls from persons suspected of being connected with the government not to report on certain issues.

Censorship or Content Restrictions: Most newspaper owners had either a progovernment or a pro-opposition political bias. Print journalists practiced occasional self-censorship to placate owners. In September HAC suspended the online daily Gabon Review for three months because it published an editorial critical of HAC and ordered internet providers to block access to its site.

Libel/Slander Laws: Libel and slander may be treated as either criminal or civil offenses. Editors and authors of articles ruled libelous in a court of law may be jailed for two to six months and fined 500,000 to five million CFA francs ($849 to $8,489). Penalties for conviction of libel, disrupting public order, and other offenses also include a one- to three-month publishing suspension for a first offense and three- to six-month suspension for repeat offenses.

There was evidence that in several cases libel laws were applied to discourage or punish critical coverage of the government. For example, on March 20, HAC issued a four-month suspension to Echos du Nord. HAC suspended several media outlets for commentary on the president’s health it stated was derogatory and banned other media from covering political activities during the suspension period.

b. Freedoms of Peaceful Assembly and Association

The government limited freedom of peaceful assembly but not freedom of association.

c. Freedom of Religion

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. Nevertheless, since January 2018 the government prevented opposition leader Jean Ping from traveling abroad by court order based on Ping’s refusal to appear in court as a witness for questioning regarding another opposition leader. On August 23, without explanation authorities also prohibited Leon Paul Ngoulakia of the Coalition for the New Republic from traveling abroad.

In-country Movement: Although there were no legal restrictions on freedom of internal movement, military and police personnel and gendarmes stopped travelers at checkpoints to check identity, residence, or registration documents and on some occasions to solicit bribes. Refugees required a travel document endorsed by the Office of the UN High Commissioner for Refugees (UNHCR) and government authorities to circulate freely within the country.

Foreign Travel: The law requires a married woman to have her husband’s permission to obtain a passport and to travel abroad. The law prohibits individuals under criminal investigation from leaving the country. Most holders of a residence permit and refugees need an exit visa to leave from and return to the country. Exit visas were not always issued promptly, which impeded persons’ ability to depart.

f. Protection of Refugees

Abuse of Migrants, Refugees, and Stateless Persons: The government cooperated with UNHCR and other humanitarian organizations in providing protection and assistance to refugees, asylum seekers, stateless persons, and other persons of concern. Despite efforts by the government and UNHCR to reduce discrimination, refugees complained of harassment and extortion by security force members. Some security force members harassed asylum seekers or refugees working as merchants, service-sector employees, and manual laborers and, in order to extort bribes, refused to recognize valid documents held by refugees and asylum seekers.

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

Access to Basic Services: The law provides refugees equal access to public services, although there were reports that in some cases school and hospital employees improperly required refugees to pay additional fees. The National Health Insurance and Social Welfare Fund did not provide services to refugees.

Durable Solutions: The nationality code allows refugees to apply for naturalization; however, the process is long and expensive, costing 1.2 million CFA francs ($2,037). At age 18 children born in the country of refugee parents may apply for citizenship.

Section 4. Corruption and Lack of Transparency in Government

The law provides criminal penalties for conviction of corruption by officials, but the government did not implement the law effectively. Officials frequently engaged in corrupt practices with impunity. Some police were inefficient and corrupt. Police, gendarmes, and military members sought bribes to supplement their salaries, often while stopping vehicles at legal roadblocks to check vehicle registration and identity documents. In February 2018 taxi drivers held a strike to protest higher fuel prices and police harassment, including exacting bribes.

Corruption: There were numerous reports of official corruption during the year similar to the following example. On May 21, then vice president Pierre Claver Maganga Moussavou and then minister of water and forestry Guy Bertrand Mapangou were removed from office for involvement in the harvesting and exportation of timber from protected tree species. As of September they had yet to be indicted.

In 2017 the government launched an anticorruption campaign. A number of officials, including several directors of agencies, a minister, and two former ministers, were arrested on corruption charges. For example, former minister of economy and presidential advisor Magloire Ngambia and Minister of Petrol and Hydrocarbons Etienne Dieudonne Ngoubou were arrested and charged with corruption. In October 2018 Ngoubou was released on bail, but Ngambia remained in detention at year’s end.

Financial Disclosure: The law requires executive-level civil servants and civil servants who manage budgets to disclose their financial assets to the National Commission against Illicit Enrichment within three months of assuming office. Most officials complied, but some attempted to withhold information. The government did not make these declarations available to the public. There are administrative sanctions for noncompliance, but they were not enforced.

Section 6. Discrimination, Societal Abuses, and Trafficking in Persons

Gambia

Section 2. Respect for Civil Liberties, Including:

a. Freedom of Expression, Including for the Press

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

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

b. Freedoms of Peaceful Assembly and Association

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

c. Freedom of Religion

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.

In-country Movement: Police and immigration personnel frequently set up security checkpoints. Individuals found to be without proper identification documentation were subject to detention or forced to pay bribes.

f. Protection of Refugees

Access to Asylum: The law provides for granting refugee status. The Gambia Commission for Refugees worked with the Office of the UN High Commissioner for Refugees on protection of refugees.

Section 4. Corruption and Lack of Transparency in Government

The law provides criminal penalties for corruption by government officials, and the government generally implemented the law; however, in prior years officials sometimes engaged in corrupt practices with impunity.

Corruption: There were no reports of high-level official corruption during the year.

In 2017 the Barrow administration set up a commission of inquiry to probe the financial dealings of former president Jammeh. On March 29, the commission presented its final report to the president, and on September 13, it was released to the public. Its findings revealed a “disproportionate amount of resources was wasted, misappropriated and diverted by former president Jammeh amounting to at least D1.06 billion dalasi ($304 million) and as a consequence (Jammeh) should be charged with theft, economic crimes and corruption.” Based on report findings, the government seized businesses, real property and other assets from Jammeh and some of his associates. Additionally, some former officials are barred from holding public office for specified periods up to lifetime.

Financial Disclosure: The law requires income and asset disclosure statements from both appointed and elected public officials; however, it does not stipulate sanctions for noncompliance. No government agency is mandated to monitor and verify financial disclosures. Declarations are not released to the public.

Section 6. Discrimination, Societal Abuses, and Trafficking in Persons

The constitution and law provide for equality of all persons; no person shall be treated in a discriminatory manner because of race, color, gender, language, religion, political or other opinion, national or social origin, property, birth, or other status. Legal provisions against discrimination do not apply to adoption, marriage, divorce, burial, and inheritance of property. The law prohibits discrimination in employment, access to credit, owning and managing a business, or in housing or education.

There were no reports the government failed to enforce the law.

Ghana

Section 2. Respect for Civil Liberties, Including:

a. Freedom of Expression, Including for the Press

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

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

Violence and Harassment: From January 2018 to May 2019, there were at least 11 cases of attacks on journalists. In March 2018 police assaulted a reporter who had visited the Criminal Investigations Department headquarters to report on the arrest of a political party official. The reporter sustained fractures to his skull. One year later, in March, the journalist’s company, Multimedia Group Limited, filed a lawsuit against the inspector general of police and attorney general for 10 million Ghanaian cedis ($1.9 million) in compensatory damages for the assault. Civil society organizations and law enforcement authorities worked to develop a media-police relations framework to address the increasingly contentious relationship between the entities.

In January unidentified gunmen shot and killed prominent undercover journalist Ahmed Hussein-Suale, following reports from 2018 that a member of parliament had publicly criticized Hussein-Suale and incited violence against him. Hussein-Suale’s investigative crew had produced a film about corruption in the country’s soccer leagues, which included involvement by officials, referees, and coaches. Police questioned the parliamentarian, and reports indicated that authorities arrested several persons and subsequently granted bail. The investigation continued at year’s end.

Another investigative journalist received death threats following the release of his documentary that revealed the presence of a progovernment militia training on government property, despite the administration’s assertions it did not endorse the use of private security firms, and that the group mentioned in the documentary was a job recruitment agency, not a militia.

b. Freedoms of Peaceful Assembly and Association

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

In October police used water cannons and rubber bullets to stop protesting law students demanding reforms to the admissions process for the legal education system. Authorities reportedly arrested between 10 and 13 protesters and subsequently released them. The National Association of Law Students called on the Inspector General of Police (IGP) and the Commission on Human Rights and Administrative Justice (CHRAJ) to “thoroughly investigate this brutal attack.”

c. Freedom of Religion

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

d. Freedom of Movement

The constitution provides for freedom of internal movement, foreign travel, emigration, and repatriation, and the government generally respected these rights. In a stated effort to curb human trafficking, however, the government in 2017 imposed a ban on labor recruitment to Gulf countries after increased reports of abuse endured by migrant workers. The ban continued during the year. Media investigations revealed some recruitment agencies continued their operations despite the ban.

f. Protection of Refugees

Abuse of Migrants, Refugees, and Stateless Persons: Gender-based violence remained a problem. According to the Office of the UN High Commissioner for Refugees (UNHCR), as of the end of October, there were 25 incidents of sexual and gender-based violence (SGBV) reported from refugee camps. The government cooperated with UNHCR and other humanitarian offices in providing protection and assistance. For example, UNHCR worked with Department of Social Welfare personnel and Ghana Health Service psychosocial counselors to provide medical, psychosocial, security, and legal assistance where necessary in all the cases reported. Obstacles to holding perpetrators of SGBV accountable for acts conducted in the camps included ineffective access to civil and criminal legal counseling for victims; poor coordination among the Department of Social Welfare, the Legal Aid Commission, and police; and lack of representation for the alleged perpetrator and presumed survivors.

Access to Asylum: The law provides for the granting of asylum or refugee status, and the government has established a system for providing protection to refugees. The law allows rejected asylum seekers to appeal and remain in the country until an appeal is adjudicated. A four-member appeals committee, appointed by the minister of the interior, is responsible for adjudicating the appeals, but the process continued to be subject to delays.

There were reports of 287 residents of Burkina Faso (called Burkinabe), who fled insecurity, settling in Ghana’s Upper West Region and registering as asylum-seekers in 2018. During the year, according to UNHCR, there were 1,955 new arrivals from Burkina Faso. Preliminary findings from an information-gathering mission conducted by UNHCR and the Ghana Refugee Board indicated these asylum-seekers also fled a deteriorating security situation in Burkina Faso. The government decided to conduct security checks of the Burkinabe before commencing the registration process. As of October the Ghana Refugee Board had not registered any of these Burkinabe.

News reports about the Burkinabe refugees were generally negative, particularly after police arrested a Burkinabe for possessing a loaded pistol in a Catholic church in the Upper West Region.

Employment: Refugees could apply for work permits through the same process as other foreigners; however, work permits were generally issued only for employment in the formal sector, while the majority of refugees worked in the informal sector.

Durable Solutions: In 2011 nearly 18,000 residents of Cote d’Ivoire fled to the country because of political instability following Cote d’Ivoire’s disputed 2010 presidential election. As of August, UNHCR assisted in the voluntary repatriation of 351 Ivoirian refugees–a slow but steady increase the agency attributed to better assistance packages and better information provided to Ivoirians about the situation in their home country. Although the government granted Ivoirian refugees prima facie refugee status during the initial stages of the emergency, by the end of 2012, the government had transitioned to individual refugee status determination for all Ivoirians entering thereafter.

In November 2018 a group of Sudanese refugees camped outside the UNHCR office in Accra for a month and a half, calling for improved assistance related to health, shelter, food, and resettlement. The population is part of a protracted backlog of cases. A decision from the Ministry of Interior regarding possible integration as a durable solution remained pending.

In 2012 UNHCR and the International Organization for Migration assisted with the voluntary repatriation of more than 4,700 Liberians from the country. Approximately 3,700 Liberians opted for local integration. UNHCR and the Ghana Refugee Board continued to work with the Liberian government to issue the Liberians passports, enabling them to subsequently receive a Ghanaian residence and work permit. In 2018 the Liberian government issued 352 passports to this population; it issued no new passports during the year, with an estimated 200 Liberians awaiting documentation. UNHCR Ghana coordinated with its office in Liberia to expedite the process. The Ghana Immigration Service also supported the process by issuing reduced-cost residency permits, including work permits for adults, to locally integrating former Liberian refugees.

Section 4. Corruption and Lack of Transparency in Government

The law provides criminal penalties for corruption by government officials, but the government did not implement the law effectively, and officials frequently engaged in corrupt practices with impunity. There were numerous reports of government corruption during the year. Corruption was present in all branches of government, according to media and NGOs, and various reputable national and international surveys, such as the World Bank’s Worldwide Governance Indicators and Afrobarometer, highlighted the prevalence of corruption in the country. In October Transparency International scored the country’s defense sector as being at “very high risk” for corruption, attributed in part to the fact that, despite robust legal frameworks, opacity and lack of implementation of oversight tools weakened protections against corruption.

As of September the CHRAJ had undertaken investigations for 19 cases of corruption, and taken decisions on them for appropriate action.

Following months of advocacy by civil society groups, in March Parliament passed the Right to Information Bill, which had languished for 20 years. In May the president signed it into law, with implementation expected to begin in January 2020. The law is intended to foster more transparency and accountability in public affairs.

In December 2018 the country launched the National Anticorruption online Reporting Dashboard, an online reporting tool for the coordination of all anticorruption efforts of various bodies detailed in the National Anticorruption Action Plan. A total of 169 governmental and nongovernmental organizations have used it to report on various efforts to stem corruption in the country.

Corruption: Authorities suspended the CEO of the Public Procurement Authority in August after a report by an investigative journalist revealed that he awarded contracts to companies he owned or worked with. The president filed a petition with the CHRAJ, requesting it investigate possible breaches of conflict of interest by the CEO. The Office of the Special Prosecutor (OSP) also investigated.

According to the government’s Economic and Organized Crime Office as well as Corruption Watch, a campaign steered by the Ghana Center for Democratic Development, the country lost 9.7 billion cedis ($1.9 billion) to corruption between 2016 and 2018 in five controversial government contracts with private entities. In October deputy commissioner of the CHRAJ stated that 20 percent of the national budget and 30 percent of all procurement done by the state were lost to corruption annually.

There were credible reports police extorted money by acting as private debt collectors, setting up illegal checkpoints, and arresting citizens in exchange for bribes from disgruntled business associates of those detained. A study by the Ghana Integrity Initiative, conducted in 2016 and released in 2017, indicated that 61 percent of respondents had paid a bribe to police.

In 2017 the government established the OSP to investigate and prosecute corruption-related crimes. More than one year after being sworn into office the special prosecutor initiated some investigations but was criticized for lack of action. In the yearly budget the government allocated 180 million cedis ($34.6 million) to the OSP, but only disbursed half. Lack of office space remained a serious constraint on staffing the OSP.

Financial Disclosure: The constitution’s code of conduct for public officers establishes an income and asset declaration requirement for the head of state, ministers, cabinet members, members of parliament, and civil servants. All elected and some appointed public officials are required to make these declarations every four years and before leaving office. The CHRAJ commissioner has authority to investigate allegations of noncompliance with the law regarding asset declaration and take “such action as he considers appropriate.” Financial disclosures remain confidential unless requested through a court order. Observers criticized the financial disclosure regulation, noting that infrequent filing requirements, exclusion of filing requirements for family members of public officials, lack of public transparency, and absence of consequences for noncompliance undermined its effectiveness.

Section 6. Discrimination, Societal Abuses, and Trafficking in Persons

Guinea

Section 2. Respect for Civil Liberties, Including:

a. Freedom of Expression, Including for the Press

The constitution and law provide for freedom of speech, but there were multiple reports about government efforts to restrict press freedom.

Press and Media, Including Online Media: Independent and opposition-owned media were active and generally expressed a wide variety of views. Print media had limited reach. Radio remained the most important source of information for the public, and numerous private stations broadcast throughout the country. FM radio call-in shows were popular and allowed citizens to express broad discontent with the government. An increase in online news websites reflected the growing demand for divergent views. Nevertheless, allegations against or criticism of the government or ruling party could result in government reprisals, including suspensions, fines, and arrests. During the year there were seven instances of journalists arrested for what they alleged to be harassment for criticizing the government.

Violence and Harassment: There were reports of physical attacks, harassment, and intimidation of journalists by government officials.

On March 26, journalist Lansana Camara, director of online publication Conakry Live, was arrested following accusations by Foreign Minister Mamadi Toure that Camara had defamed him. The accusations stem from an article by Camara concerning possible embezzlement in the ministry’s management of fuel purchases. Camara was released on April 1, after officials at the presidency questioned the arrest and journalists organized a march denouncing it. Camara was put under judicial supervision, limiting his movement to Conakry. As of September 15, he remained under judicial supervision.

Censorship or Content Restrictions: The government penalized media outlets and journalists who broadcast items criticizing government officials and their actions.

Some journalists accused government officials of attempting to influence the tone of their reporting.

In November 2018 the Communications High Authority suspended the accreditation of Mouctar Bah, a correspondent for Radio France International and Agence France Presse, until February 2019. Bah received his new press accreditation in May.

Libel/Slander Laws: Libel against the head of state, slander, and false reporting are subject to heavy fines. Officials used these laws to harass opposition leaders and journalists. Six journalists were arrested and charged with defamation during the year. Journalists alleged the defamation lawsuits targeted people critical of the government in an attempt to silence dissent.

National Security: Authorities used a cybersecurity law to punish journalists and executives at media outlets critical of the government or its officials.

Souleymane Diallo, founder and CEO of Lynx Press Group, and Boubacar Alghassimou Diallo, general manager of Lynx FM Radio, were placed under judicial supervision, limiting their movements to Conakry, following comments by a well known commentator on the Lynx FM radio show. Officials cited the cybersecurity law to justify their actions. The judicial supervision was lifted following protests organized by journalists and press associations.

b. Freedoms of Peaceful Assembly and Association

The constitution provides for the freedoms of peaceful assembly and association, but the government allegedly barred public protests.

c. Freedom of Religion

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 generally respected these rights. Police and security forces, however, continued to detain persons at roadblocks to extort money, impeding the free movement of travelers and threatening their safety.

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

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

f. Protection of Refugees

The country hosted refugees from neighboring countries including Cote d’Ivoire, Liberia, and Sierra Leone. As of June the UN High Commissioner for Refugees (UNHCR) recorded 4,433 persons of concern, 3,627 of them Ivoirian refugees. UNHCR continued to provide protection and limited assistance to refugees of extreme vulnerability in Conakry and Macenta in the Kouankan camp by providing medical care and educational support for refugee children. UNHCR and the government through the National Commission for the Integration and Monitoring of Refugees worked on refugee local integration strategies and carried out campaigns to encourage voluntary repatriation. UNHCR worked with the Ivoirian government to encourage the Ivoirian refugees to return to Cote d’Ivoire.

Abuse of Migrants, Refugees, and Stateless Persons: The government cooperated with UNHCR and other humanitarian organizations in providing protection and assistance to refugees, stateless persons, asylum seekers, and other persons of concern. An October 2018 law provides for the granting of asylum or refugee status, and the government has established a system for providing protection to refugees.

Section 4. Corruption and Lack of Transparency in Government

There were multiple allegations of corrupt practices by public officials that went unpunished. Officials allegedly diverted public funds for private use or for illegitimate public uses, such as buying expensive vehicles for government workers. Land sales and business contracts generally lacked transparency.

Corruption: Security force corruption was endemic. Police and gendarmes ignored legal procedures and extorted money from citizens at roadblocks, in prisons, and in detention centers. The government reduced the number of road checkpoints, but traders, small business operators, drivers, and passengers were still obliged to pay bribes to pass. Observers noted prisoners paying money to guards in exchange for favors.

In April the general manager of the Ministry of Communications’ Guinean Advertising Office and the administrative and financial manager were convicted of the embezzlement of nearly 40 billion GNF ($4.3 million). The court sentenced them to five years in prison. They were also each ordered to reimburse the stolen money, pay a fine of 50 million GNF ($5,430) each, and pay GNF nine billion ($980,000) together as damages.

Business leaders asserted regulatory procedures were opaque and facilitated corruption.

Financial Disclosure: Public officials are not subject to public disclosure laws. Although they are required to file a nonpublic statement, this requirement was not universally respected. The electoral code bars persons from certain types of financial activity if they are members of or candidates for the National Assembly. They may not be paid by a foreign state; by the CEO, a deputy of a CEO, or the president of a company under state control; or by a shareholder in an enterprise under state control or reliant on state subsidies or other state benefits. Despite these rules, some National Assembly members took state revenues to support their businesses, such as operating schools funded by public tuition. Authorities threatened to cut the state subsidies of some National Assembly members if they did not support the ruling party.

Section 6. Discrimination, Societal Abuses, and Trafficking in Persons

Kenya

Section 2. Respect for Civil Liberties, Including:

a. Freedom of Expression, Including for the Press

The law provides for freedom of expression, including for the press, but the government sometimes restricted this right.

Freedom of Expression: In 2017 a branch of the High Court declared unconstitutional Section 132 of the penal code that criminalized “undermining the authority of a public officer,” ruling the provision violated the fundamental right of freedom of expression. Other provisions of the constitution and the law prohibiting hate speech and incitement to violence remained in force. The Judicial Service Commission, however, reported many cases were withdrawn due to failure of witnesses to appear in court or to facilitate mediation. Cases that did proceed often failed to meet evidentiary requirements. Authorities arrested members of parliament (MPs) on incitement or hate speech charges. In June authorities arrested MP Charles Kanyi for incitement to violence after Kanyi allegedly threatened foreigners operating businesses in Nairobi. In September the Milimani chief magistrate acquitted four serving and former MPs of hate speech charges related to statements made in 2016.

Press and Media, Including Online Media: The government occasionally interpreted laws to restrict press freedom, and officials occasionally accused the international media of publishing stories and engaging in activities that could incite violence. Two laws give the government oversight of media by creating a complaints tribunal with expansive authority, including the power to revoke journalists’ credentials and levy debilitating fines. The government was media’s largest source of advertising revenue, and regularly used this as a lever to influence media owners. Most news media continued to cover a wide variety of political and social issues, and most newspapers published opinion pieces criticizing the government.

Sixteen other laws restrict media operations and place restrictions on freedom of the press. In 2016 the president signed into law the Access to Information Act, which media freedom advocates lauded as progress in government transparency. The government, however, has not issued regulations required to implement the act fully, and civil society organizations reported government departments failed in some instances to disclose information.

Violence and Harassment: Journalists alleged security forces or supporters of politicians at the national and county levels sometimes harassed and physically intimidated them. The government at times failed to investigate allegations of harassment, threats, and physical attacks on members of the media.

In February, Kenya Forest Service rangers assaulted four journalists while they were covering a ceremony in Naro Moru Forest Station. The cabinet secretary for the environment ordered the suspension of five officers involved in the assault.

In June, two Kenya Television Network (KTN) journalists were attacked and seriously injured by students and faculty of St. Stephen’s Girls Secondary School in Machakos County. The school’s principal was charged with assault and inciting the students to attack the journalists. The principal allegedly opposed the journalists investigating a case of a missing student.

Censorship or Content Restrictions: The mainstream media were generally independent, but there were reports by journalists government officials pressured them to avoid certain topics and stories and intimidated them if officials judged they had already published or broadcast stories too critical of the government. There were also reports journalists avoided covering issues or writing stories they believed their editors would reject due to direct or indirect government pressure.

Journalists practiced self-censorship to avoid conflict with the government on sensitive subjects, such as the first family or assets owned by the Kenyatta family.

Libel/Slander Laws: In 2017 a branch of the High Court declared unconstitutional a portion of the law that defined the offense of criminal defamation. Libel and slander remain civil offenses.

National Security: The government cited national or public security as grounds to suppress views it considered politically embarrassing.

Police arrested and detained for 14 days prominent social media blogger Robert Alai in June for posting pictures of police officers who were killed in a terror attack. Despite taking down the pictures as requested by police, he was arraigned in court and charged with two counts of treachery and disclosure of information in relation to terrorist activities. He was released on bail.

b. Freedoms of Peaceful Assembly and Association

c. Freedom of Religion

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 for citizens, and the government respected those rights, but it placed restrictions on movement for refugees.

In-country Movement: Refugees and asylum seekers require registration with the National Registration Bureau, and the law reiterates strict implementation of the encampment policy. The Interior Ministry’s Refugee Affairs Secretariat (RAS), responsible for refugee management in the country, continued to enforce the encampment policy requiring all refugees and asylum-seekers to reside in the designated refugee camps, despite a Court of Appeal decision to the contrary. RAS issues new arrival asylum seekers with registration documents and movement passes requiring them to report to the camps. Refugees needing to move outside the designated areas (Kakuma camp, Kalobeyei settlement, and the Dadaab refugee camp complex) must obtain a temporary movement pass issued by the RAS. Stringent vetting requirements and long processing times have delayed the issuance of temporary movement passes in the camps.

The law allows exemption categories for specific groups to live outside designated camp areas, including in protection and medical cases. The government granted limited travel permission to refugees to receive specialized medical care outside the camps, and to refugees enrolled in public schools. It made exceptions to the encampment policy for extremely vulnerable groups in need of protection. The government continued to provide in-country movement and exit permits for refugee interviews and departures for third-country resettlement.

Although there were no restrictions on movements of internally displaced persons (IDPs), stateless persons in the country faced significant restrictions on their movement (see section 1.g.).

f. Protection of Refugees

The government generally cooperated with the Office of the UN High Commissioner for Refugees (UNHCR) and other humanitarian organizations in providing protection and assistance to IDPs, refugees, asylum seekers, and other persons of concern. In 2017 the country pledged to apply the UNHCR Comprehensive Refugee Response Framework to enhance refugee self-reliance, increase access to solutions, and improve conditions in countries of origin for safe and voluntary returns. Implementation, however, has been lacking.

In 2017 the High Court blocked the government’s plan to close the Dadaab refugee camp complex, ruling the plan violated the principle of nonrefoulement and refugees’ constitutional rights to fair administrative action. While the court’s 2017 decision eased pressure on Somalis who feared the camp would close by the government-imposed deadline, during the year the government expressed a renewed interest in closing Dadaab, requesting UNHCR to relocate all refugees from Dadaab. The camp closure discussion created uncertainty for the more than 200,000 refugees residing there.

Abuse of Migrants, Refugees, and Stateless Persons: Police abuse, including detention of asylum seekers and refugees, continued, often due to a lack of awareness and understanding of the rights afforded to refugee registration card holders. Most detainees were released after a court appearance or intervention by organizations such as the Refugee Consortium of Kenya.

During the year the security situation in Dadaab improved but remained precarious. There were no attacks on humanitarian workers and no detonations of improvised explosive devices within 15 miles of the refugee complex during the year. The security partnership between UNHCR and local police remained strong and led to improvements in camp security through community policing and neighborhood watch initiatives.

Sexual and gender-based violence against refugees and asylum seekers remained a problem, particularly for vulnerable populations including women, children, and lesbian, gay, bisexual, transgender, and intersex (LGBTI) refugees and asylum seekers. Reported incidents included domestic violence, rape, sexual assault, physical assault, psychological abuse, female genital mutilation mutilation/cutting (FGM/C), and early and forced marriage, particularly of Sudanese, South Sudanese, and Somali girls. Although there was increased community engagement to reduce sexual and gender-based violence and strengthened partnerships, including with the local authorities, sexual and gender-based violence continued to affect women and girls due to their low social and economic status in the community. Most urban refugees reside in slum areas where insecurity and sexual and gender-based violence is rampant. Female-headed households and young girls separated from families due to conflict are most at risk due to lack of male protection within their families. Girls and boys out of school are at risk of abuse, survival sex, and early marriage. Despite strong awareness programs in the camps, underreporting persisted due to community preference for maslaha, a traditional form of jurisprudence prevalent in the region, as an alternative dispute resolution mechanism; shortages of female law enforcement officers; limited knowledge of sexual and gender-based violence; and the medical forensic requirements for trying alleged rape cases.

Refugees have equal access to justice and the courts under the law. They were often unable, however, to obtain legal services because of the prohibitive cost and their lack of information on their rights and obligations. UNHCR continued to provide legal assistance and representation to refugees to increase their access to justice. The law specifically provides that refugees are eligible to receive legal aid services. The law, however, has not been fully operationalized.

Refugees generally dealt with criminality in accordance with their own customary law and traditional practices rather than through the country’s justice system. Other security problems in refugee camps included petty theft, banditry, ethnic violence, and the harassment of Muslim converts to Christianity, according to UNHCR.

Exploitation of refugees with false promises of assistance in the resettlement process or in securing movement passes remained a concern.

Refoulement: There were no confirmed cases of refoulement.

During the year UNHCR assisted more than 2,500 persons to return voluntarily to their places of origin, of whom 1,889 returned to Somalia and 737 returned to Burundi. Insecurity and unfavorable conditions in countries of origin such as South Sudan, Yemen, and Somalia hindered returns.

Access to Asylum: The law provides for the granting of asylum or refugee status, and the government has a system for providing protection to camp-based refugees. While the government generally coordinated with UNHCR to provide assistance and protection to refugees in the Dadaab and Kakuma refugee camps, cooperation was limited in urban areas. The government had yet to register more than 15,000 refugees and asylum seekers estimated to reside in Dadaab, the majority of whom were Somali. Pressure from UNHCR and the international community resulted in the government’s registration of a number of extremely vulnerable individuals. South Sudanese refugees maintain prima facie refugee status.

According to UNHCR, as of November the country hosted 488,867 registered refugees and asylum seekers, including 217,139 in the Dadaab refugee camp complex, 193,429 in Kakuma camp, and 78,299 in urban areas. Most refugees and asylum seekers were from Somalia (260,683) with others coming from South Sudan (119,110), the Democratic Republic of the Congo (DRC) (43,186), Ethiopia (27,989), Burundi (14,674), and other countries (16,810). Most refugees arriving in Kakuma were from South Sudan, and the refugee population in Dadaab was primarily Somali. New arrivals also included individuals from Burundi, the DRC, Ethiopia, and Uganda. An agreement on voluntary repatriation between the country, Somalia, and UNHCR expired in November 2018, although it was still de facto in place. Since 2014 a total of 84,714 Somali refugees have voluntarily repatriated under the agreement.

The RAS, responsible for refugee management in the country, maintained a cooperative working relationship with UNHCR, which continued to provide technical support and capacity building to the RAS.

Freedom of Movement: Refugees’ freedom of movement was significantly restricted due to the country’s strict encampment policies (see section 2.d.).

Employment: Refugees are generally not permitted to work in the country.

Access to Basic Services: Despite the encampment policy, many refugees resided in urban areas, even though they lacked documentation authorizing them to do so. This affected their access to basic government services, including the National Health Insurance Fund, education, employment, business licenses, financial institutions, mobile phones, and related services. In addition they are subject to arrest, police harassment, and extortion.

Section 4. Corruption and Lack of Transparency in Government

The law provides criminal penalties for official corruption. Despite public progress in fighting corruption during the year, the government did not implement relevant laws effectively. Frequently officials allegedly engaged in corrupt practices with impunity.

Corruption: During the year the ODPP initiated investigations and prosecutions of high-level corruption involving dozens of government and parastatal officials with ties to the ruling party and to the political opposition. These investigations and prosecutions included some senior officials such as the cabinet secretary for national treasury and planning and his principal secretary. The national media closely covered the director of public prosecution’s investigations into and arrests of officials stemming from the 21 billion shillings ($206 million) procurement scandals at the Kerio Valley Development Authority, as well as corruption allegations involving the National Lands Commission, county governor offices, and high-profile business leaders. These investigations and prosecutions remained active at year’s end.

The public continued to perceive corruption as a severe problem at all levels of government. A survey during the year in the country by Transparency International found 45 percent of respondents had paid a bribe, compared with 37 percent in the previous 2015 survey. Police and authorities issuing identification documents were cited the most for taking bribes. Corruption had increased according to 67 percent of respondents, and 71 percent believed the government was doing a poor job of combating corruption. The responses on these two questions had not changed significantly from the results of Transparency’s 2015 poll.

In January, President Kenyatta appointed a new chief executive officer of the Ethics and Anticorruption Commission (EACC), who introduced a new approach to tackling corruption that prioritizes high-impact cases, systems reviews, assets recovery, and public communication. In the new commissioner’s first five months in office, the EACC recovered assets equal to 30 percent of the corruption assets the EACC recovered over the past five years. Officials from agencies tasked with fighting corruption, including the EACC, ODPP, and judiciary, were sometimes the subjects of corruption allegations.

The EACC has the legal mandate to investigate official corruption allegations, develop and enforce a code of ethics for public officials, and engage in public outreach on corruption. The EACC, however, lacks prosecutorial authority and must refer cases to the ODPP to initiate prosecutions. At the end of 2018, the EACC reported having more than 319 corruption cases pending in court. A mixture of cash and land/immovable assets valued at approximately 3.2 billion shillings ($31.4 million) were recovered in the period 2018-2019. The EACC had secured 39 convictions in the 2017-2018 period, an 80 percent conviction rate, with some cases including several individuals, making the 2017-2018 fiscal year the most successful year in the commission’s history.

The government took additional steps to combat corruption, including increasing the number of investigations and prosecutions. The government made limited progress on other commitments, including adoption of international anticorruption standards and digitization of government records and processes. Because courts had significant case backlogs, cases could take years to resolve.

Police corruption remained a significant problem. Human rights NGOs reported police often stopped and arrested citizens to extort bribes. Police sometimes jailed citizens on trumped-up charges or beat those who could not pay the bribes. During police vetting conducted by the National Police Service Commission (NPSC) in recent years, many police officers were found to have the equivalent of hundreds of thousands of dollars in their bank accounts, far exceeding what would be possible to save from their salaries. Mobile money records showed some officers also transferred money to superior officers.

The Judiciary and the NPS continued measures to reform the handling of traffic cases by police and courts, streamlining the management of traffic offenses to curb corruption. Despite the progress noted above, no senior police official was convicted or jailed for corruption-related offenses during the year.

Financial Disclosure: The law requires all public officers to declare their income, assets, and liabilities to their “responsible commission” (for example, the Parliamentary Service Commission in the case of members of parliament) every two years. Public officers must also include the income, assets, and liabilities of their spouses and dependent children younger than 18. Failure to submit the declaration as required by law or providing false or misleading information is punishable by a fine of one million shillings ($9,820) or imprisonment for a term not exceeding one year or both. Information contained in these declarations was not readily available to the public, and the relevant commission must approve requests to obtain and publish this information. Any person who publishes or otherwise makes public information contained in public officer declarations without such permission may be subject to imprisonment for up to five years, a fine of up to 500,000 shillings ($4,910), or both. Authorities also required police officers undergoing vetting to file financial disclosure reports for themselves and their immediate family members. These reports were publicly available.

The law requires public officers to register potential conflicts of interest with the relevant commissions. The law identifies interests public officials must register, including directorships in public or private companies, remunerated employment, securities holdings, and contracts for supply of goods or services, among others. The law requires candidates seeking appointment to nonelected public offices to declare their wealth, political affiliations, and relationships with other senior public officers. This requirement is in addition to background screening on education, tax compliance, leadership, and integrity. Many officials met these requirements and reported potential conflicts of interest. Authorities did not strictly enforce ethics rules relating to the receipt of gifts and hospitality by public officials.

There were no reported challenges to any declarations of wealth–which normally are not made public–filed by public officials. The requirement for asset and conflict of interest declarations was suspended by an August 2018 Public Service Commission (PSC) memo. The memo was issued after PSC engagement with government stakeholders indicated a need for clarity on the filling out of the assets registry. The PSC’s suspension of the requirement led to inconsistency in the application of the directive, with some institutions requiring declarations while others did not.

Section 6. Discrimination, Societal Abuses, and Trafficking in Persons

Libya

Section 2. Respect for Civil Liberties, Including:

a. Freedom of Expression, Including for the Press

The Constitutional Declaration provides for freedom of opinion, expression, and press, but various armed groups, including those aligned with the GNA, exerted significant control over media content, and censorship was pervasive. Unidentified assailants targeted journalists and reporters for political views.

Freedom of Expression: Freedom of speech was limited in law and practice. The law criminalizes acts that “harm the February 17 revolution of 2011.” The HoR, since its election in 2014, and the GNA, since taking its seat in Tripoli in 2016, have done little to lessen restrictions on freedom of speech. Civil society organizations practiced self-censorship because they believed armed groups would threaten or kill activists. Widespread conflict in major urban areas deepened the climate of fear and provided cover for armed groups to target vocal opponents with impunity.

International and local human rights organizations claimed that human rights defenders and activists faced continuing threats–including physical attacks, detention, threats, harassment, and disappearances–by armed groups, both those aligned with and opposed to the GNA.

Observers reported that individuals censored themselves in everyday speech. Armed groups reportedly used social media to target political opponents, incite violence, and engage in hate speech. According to UNSMIL, various news publications and television stations published calls to violence, spread intentionally false news, and permitted ad hominem attacks.

Press and Media, Including Online Media: Press freedoms were limited in all forms of media, creating an environment in which virtually no independent media existed. International news agencies reported difficulties obtaining journalist visas, encountered refusals to issue or recognize press cards, and were barred from reporting freely in certain areas, especially eastern cities. UNSMIL documented restrictions imposed by the Foreign Media Department at the Ministry of Foreign Affairs, which seriously affected the operations of journalists in Tripoli.

Violence and Harassment: The international NGO Reporters Without Borders reported that all sides used threats and violence to intimidate journalists. Harassment, threats, abductions, violence, and killings made it nearly impossible for media to operate in any meaningful capacity in areas of conflict. In the first half of the year, UNSMIL reviewed 23 cases of threats, intimidation, and violence against journalists; two cases of unlawful killing; and 10 cases of arbitrary arrest and detention. Journalists were targeted based on their media work or other factors, including tribal affiliation.

Impunity for attacks on members of media exacerbated the problem, with no monitoring organizations, security forces, or a functioning judicial system to constrain or record these attacks.

On January 19, Mohamed Ben Khalifa, an Associated Press photographer, was killed by an airstrike while covering clashes between rival nonstate armed groups south of Tripoli. In response to his death, protests condemning violence against journalists were held in Tripoli, Benghazi, Sebha, and Zuwara, according to the Libyan Center for Freedom of the Press. It is unclear what, if any, efforts authorities took to seek accountability for his death.

On May 2, two Libyan journalists for television broadcaster Libya Al-Ahrar, Mohamed al-Qurj and Mohamed al-Shibani, were abducted while covering the hostilities in Tripoli. Libya Al-Ahrar alleged that LNA-aligned nonstate armed groups were responsible. The journalists were released three weeks later.

Censorship or Content Restrictions: Journalists practiced self-censorship due to the lack of security and intimidation. The unstable security situation created hostility towards civilians and journalists associated with opposing armed groups or political factions.

Libel/Slander Laws: The penal code criminalized a variety of political speech, including speech considered to “insult constitutional and popular authorities” and “publicly insulting the Libyan Arab people.” It and other laws also provide criminal penalties for conviction of defamation and insults to religion. Most reports attributed infringement of free speech to intimidation, harassment, and violence.

National Security: The penal code criminalized speech considered to “tarnish the [country’s] reputation or undermine confidence in it abroad,” but the GNA did not enforce this provision of the code during the year.

Nongovernmental Impact: Nongovernmental armed groups, terrorist groups, and individual civilians regularly harassed, intimidated, or assaulted journalists.

b. Freedoms of Peaceful Assembly and Association

c. Freedom of Religion

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

d. Freedom of Movement

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

In-country Movement: The GNA did not exercise control over internal movement in the west, although GNA-aligned armed groups set up some checkpoints. The LNA established checkpoints in the east and south. These checkpoints were occasional targets of attacks by terrorist organizations, including a May 18 attack on an LNA checkpoint at the entrance to an oilfield in Zillah, which was claimed by ISIS-Libya.

There were reports that armed groups controlling airports within the country conducted random checks on departing domestic and international travelers, since the country lacked a unified customs and immigration system.

Citizenship: The Nationality Law states that citizens may lose citizenship if they obtain a foreign citizenship without receiving permission beforehand from authorities, but there is still no process for obtaining permission. Authorities may revoke citizenship if it was obtained based on false information, forged documents, or withheld relevant information concerning nationality. The state lacked the capacity, however, to investigate the authenticity of citizenship applications.

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

Non-Arab communities were marginalized under the Arab nationalist Qadhafi regime. Qadhafi revoked the citizenship of some inhabitants of the Saharan interior of the country, including minorities such as the Tebu and Tuareg, after the regime returned the Aouzou strip along the Libya-Chad border to Chad in 1994. As a result there were many nomadic and settled stateless persons in the country.

Additionally, due to a lack of state control of the southern borders, a large number of irregular migrants of Tebu background entered the country, some of whom reportedly applied for and obtained documents attesting to nationality, including national identification numbers.

f. Protection of Refugees

Abuse of Migrants, Refugees, and Stateless Persons: According to UNHCR, refugees, asylum seekers, and migrants were subjected to unlawful killings, arbitrary detention, torture, sexual exploitation, and other abuses by GNA-aligned groups, LNA-aligned and other nonstate groups, and criminal organizations (see section 1.d.).

Conditions in government and extralegal migrant detention facilities included severe overcrowding, insufficient access to toilets and washing facilities, malnourishment, lack of potable water, and spread of communicable diseases (see section 1.c.). Many press reports indicated refugees and migrants were summarily tortured in official and unofficial detention centers. According to numerous press reports, nonstate actors routinely held migrants for ransom payments.

UNSMIL reported migrant deaths in GNA detention centers at Tariq al-Sikkah, Qasr Bin Ghashir, Zawiyah, and Sebha.

On September 19, a Sudanese migrant who had been intercepted on a boat off the coast of Libya was shot and killed by Libyan Coast Guard personnel when he resisted being taken to a detention center, according to the IOM.

Armed groups, criminal gangs, and terrorist organizations involved in human smuggling activities targeted migrants. Numerous reports during the year suggested that various human smugglers and traffickers had caused the death of migrants. Hundreds of rescued migrants who were reported to have been sent to detention centers were later determined to be missing. In June OHCHR called on the GNA to launch an investigation to locate these missing persons. On July 25, up to 150 migrants who set sail from the Libyan coast, including women and children, drowned when a wooden boat piloted by smugglers capsized in the Mediterranean. There were no known arrests or prosecutions by the GNA during the year of Libyan nationals engaged in trafficking or human smuggling.

Women refugees and migrants faced especially difficult conditions, and international organizations received many reports of rape and other sexual violence. The OHCHR concluded in a December 2018 report on interviews with 1,300 migrant women and girls that a majority of female migrants in the country were subject to systematic rape by their traffickers and prison guards or witnessed the rape of others. An al-Jazeera investigation concluded in September 2019 similarly documented systematic female and male rape in migrant detention facilities.

Migrants were exploited for forced labor at the hands of smugglers, traffickers, and GNA-aligned armed groups (see section 7.b.).

Access to Asylum: The country is not party to the 1951 Refugee Convention or its 1967 protocol, although the Constitutional Declaration recognizes the right of asylum and forbids forcible repatriation of asylum seekers. The GNA has not established a system for protecting refugees or asylum seekers. Absent an asylum system, authorities can detain and deport asylum seekers without their having the opportunity to request asylum. The GNA did not legally recognize asylum seekers without documentation as a class distinct from migrants without residency permits.

UNHCR, the IOM, and other international agencies operated within the country and were allowed to assist refugees and immigrants and repatriate those who wish to return to their countries. UNHCR monitored and publicly reported on the situation of refugees and migrants in the country, including those in GNA detention centers. During the year, UNHCR, ICRC, and the IOM provided basic services directly and through local implementing partners to refugees and asylum seekers.

In December 2018 UNHCR and the Ministry of Interior began receiving refugees at a new Gathering and Departure Facility (GDF) in Tripoli, intended to host vulnerable refugees while they awaited resettlement or voluntary repatriation. In July, following an airstrike on the Tajoura migrant detention center in Tripoli, nearly 500 individuals who survived the airstrike spontaneously appeared at the GDF. In September UNSMIL assessed that GDF conditions were overcrowded, contributing to a deteriorating humanitarian situation. On October 2, UNHCR and the Ministry of Interior conducted the first relocation of 15 former Tajoura arrivals to a Community Day Center in Gurji. In November UNHCR reported the GDF hosted 1,200 individuals.

On September 10, the Rwandan government, UNHCR, and the African Union signed a Memorandum of Understanding (MOU) to establish a transit mechanism for refugees and asylum seekers evacuated out of Libya. Under the MOU, Rwanda will receive some refugees and asylum seekers currently held in Libyan migrant detention facilities. The first group of 66 refugees was evacuated to Rwanda on September 26. As of November UNHCR had assisted 2,018 refugees and asylum seekers with leaving Libya, including 1,293 under evacuation programs and another 725 under resettlement programs.

Freedom of Movement: Migrants and refugees are generally considered to be illegally present in Libya and are subject to fines, detention, and expulsion. Migrants attempting sea crossings on the Mediterranean who were later intercepted by the Libyan Coast Guard were considered to have violated Libyan law and were often sent to migrant detention facilities in western Libya.

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

Section 4. Corruption and Lack of Transparency in Government

The law provides criminal penalties for conviction of corruption by officials. The government did not implement the law effectively, and officials reportedly engaged in corrupt practices with impunity. There were numerous reports of government corruption during the year but, as in 2018, no significant investigations or prosecutions occurred.

The Constitutional Declaration states that the government shall provide for the fair distribution of national wealth among citizens, cities, and regions. The government struggled to decentralize distribution of oil wealth and delivery of services through regional and local governance structures. There were many reports and accusations of government corruption due to lack of transparency in the GNA’s management of security forces, oil revenues, and the national economy. There were allegations that officials in the GNA submitted fraudulent letters of credit to gain access to government funds.

Corruption: Internal conflict and the weakness of public institutions undermined implementation of the law. Officials frequently engaged with impunity in corrupt practices such as graft, bribery, and nepotism. There were numerous reports of government corruption during the year, including some reports that officials engaged in money laundering, human smuggling, and other criminal activities. The government lacked significant mechanisms to investigate corruption among police and security forces.

Slow progress in implementing decentralization legislation, particularly with regard to management of natural resources and distribution of government funds, led to accusations of corruption and calls for greater transparency.

The Audit Bureau, the highest financial regulatory authority in the country, made efforts to improve transparency by publishing annual reports on government revenues and expenditures, national projects, and administrative corruption. The Audit Bureau also investigated mismanagement at the General Electricity Company of Libya that had lowered production and led to acute power cuts.

The UN Libya Sanctions Committee Panel of Experts, a committee established pursuant to United Nations Security Council Resolution 1970 (2011), continued to make recommendations, including on corruption and human rights issues.

Financial Disclosure: No financial disclosure laws, regulations, or codes of conduct require income and asset disclosure by appointed or elected officials.

Section 6. Discrimination, Societal Abuses, and Trafficking in Persons

Madagascar

Section 2. Respect for Civil Liberties, Including:

a. Freedom of Expression, Including for the Press

The constitution provides for freedom of expression, including for the press, but these “may be limited by the respect for the freedoms and rights of others, and by the imperative of safeguarding public order, national dignity, and state security.” The government sometimes restricted these rights. The communications code includes several provisions limiting freedom of speech and expression. The code also grants broad powers to the government to deny media licenses to political opponents, seize equipment, and impose fines.

The government arrested journalists and activists who had publicly denounced the misbehavior of public authorities. The government often used unrelated charges to prosecute them.

Freedom of Expression: In accordance with the constitution, the law restricts individuals’ ability to criticize the government publicly.

On May 13, the police commissioner of Antananarivo limited activities meant to commemorate the 1972 political movement in which some demonstrators died. He prohibited political speeches, with only representatives of associations and political parties allowed to enter the city hall and lay wreaths on the memorial to “avoid overflow.”

Press and Media, Including Online Media: Independent media were active and expressed a wide variety of views, but not without restriction. The communications code contains several articles limiting press and media freedoms. For example, Article 85 requires the owner of a media company to be the chief publisher. This article may permit candidates for political office, who are also media owners, to use their outlets to advocate against opponents.

The communications code gives the communications ministry far-reaching powers to suspend media licenses and seize property of media outlets if one of their journalists commits two infractions of the code. Finally, the code allows only state-owned radio and television stations the right to broadcast nationally, although this limitation was not always enforced.

The country had numerous independent newspapers. More than 300 radio and television stations operated in the country, although many shifted to live call-in shows in recent years to distance themselves from editorial responsibility for content. Many of them continued to have a national audience, despite the code’s limitations. The opposition had greater access to state-run media than in previous years.

Violence and Harassment: There were several reports of journalists being harassed for criticizing the government and public services. A columnist and human rights activist was reportedly the target of anonymous threats and insults on social media for writing an open letter denouncing the failure of the government to address the most urgent issues affecting the population.

Censorship or Content Restrictions: Journalists practiced self-censorship, and authors generally published books of a political nature abroad.

Libel/Slander Laws: Although defamation is not a criminal offense in the communications code, a separate cybercrime law allows for the charge of criminal defamation for anything published online. It is unclear whether the cyber criminality law, which includes prison sentences for online defamation, has precedence over the communications code, as all newspapers are also published online. The fines allowed for offenses under the communications code are many times higher than the average journalist’s annual salary.

There were several reports of government authorities using libel, slander, or defamation laws to restrict public discussion. During the year journalists and citizens faced police investigation and legal prosecution for defamation and infringement of public order for posting criticism of government performance and public services on social media.

In June authorities tried Mahery Lanto Manandafy, son of a political party president, for defamation using information technology for criticizing the president’s development plan on his Facebook page. The court acquitted him on June 22.

On September 16, three journalists and the cultural director of Antananarivo municipality went on trial on charges of spreading false news and disparaging the army. The journalists, who worked for press associated with the opposition party, reported in August on an army helicopter hovering above the municipal stadium of Mahamasina without the municipality’s authorization. They reported Chinese investors interested in bidding on a stadium renovation project were on board the helicopter, while the Ministry of Defense claimed the helicopter was performing a security drill ahead of the Pope’s visit. On September 19, the court sentenced two of the journalists to a fine of 10 million ariary ($2,700) each for defamation of the army while acquitting the two other defendants.

b. Freedoms of Peaceful Assembly and Association

The constitution and law provide for peaceful assembly and association, but the government restricted these rights.

c. Freedom of Religion

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 generally respected these rights.

A 2013 decree prohibits citizens from leaving the country to work abroad in countries deemed “risky,” as a measure to reduce trafficking in persons. Because destination countries are not specifically identified in the decree, citizens may be prevented from leaving the country to work abroad at the discretion of border agents.

Foreign Travel: During the year the government issued an exit ban to several individuals known to be close to the opposition or to the former regime. Authorities often justified such measures as necessary for investigative needs. In January the Ministry of Interior issued an exit ban against a group of five journalists and former presidential candidates who had publicly opposed the winning presidential candidate, accusing them of offenses against national security. There was no known further legal action against any of them, except for Mbola Rajaonah, who remained in prison as of September under separate corruption charges.

In March and August, the government issued an exit ban against two former government officials who served under the former regime for their presumed involvement in corruption and public fund embezzlement.

f. Protection of Refugees

Official refugees or asylum seekers were present in Madagascar in small numbers.

Access to Asylum: The law does not include provisions for granting asylum or refugee status, and the government has not established a system for providing protection to refugees. Authorities generally cooperated with UNHCR and other humanitarian organizations in assisting the small number of refugees in the country.

Freedom of Movement: Refugees and asylum seekers reported that police frequently detained some of them and sometimes did not honor UNHCR-issued documents certifying their status or tore them up, rendering them vulnerable to arrest or expulsion.

Employment: Refugees and asylum seekers did not have access to employment, because without a resident visa they were unable to get a work permit.

Access to Basic Services: Refugees and asylum seekers received no support from the government, but the government did not interfere with support provided by UNHCR via a local NGO. Refugees and asylum seekers complained that the amount of support they received was insufficient because they could not work and received no government support. Hospitals and service providers charged refugees higher rates as foreigners, making basic medical care unaffordable to refugees.

Section 4. Corruption and Lack of Transparency in Government

The law provides for criminal penalties for official corruption, but the government did not implement the law effectively. Corruption was pervasive at all levels of government; however, the new administration focused greater attention on combating corruption, leading to multiple convictions.

Corruption: Corruption investigations by the Independent Anti-Corruption Bureau (BIANCO) led to several cases going to trial at the Anti-Corruption Court and resulted in the conviction of former high-level individuals for embezzlement and bribery. These legal actions targeted mainly former government officials and related to cases including public fund embezzlement, rosewood trafficking, and illegal sale of state-owned land.

For example on May 3, the Anti-Corruption Court (PAC) committed former senator Berthin Andriamihaingo to pretrial detention at Antanimora Prison on charges of favoritism, abuse of power, and public fund embezzlement totaling 618 million ariary ($167,000), in regard to a vaccination campaign by the Ministry of Public Health in 2018.

In August the PAC sentenced Claudine Razaimamonjy, an unofficial advisor to the previous president, to seven years’ imprisonment with hard labor and a fine of 100 million ariary ($27,000) for public fund embezzlement. She had been held in pretrial detention since 2017.

During the year the government subjected working-level civil servants in the police, gendarmerie, and judiciary to legal procedures or disciplinary measures for bribery or involvement in natural resources smuggling. In March the Ministry of Justice ordered a six-month suspension for five magistrates from the Court of Appeals of Toamasina for collectively granting a temporary release to someone accused of masterminding a kidnapping scheme. The minister of justice stated the magistrates had acted corruptly in their release decision.

In its annual activities report for 2018, BIANCO reported receiving 2,689 complaints. It investigated 851 of those cases and referred 179 for prosecution, leading to the arrest of 147 persons, 39 of whom were put in pretrial detention. During the same period, BIANCO summoned approximately 150 government officials for hearings, including members of government, high-ranking civil servants, local authorities, elected officials, and members of the security forces.

In July the president issued a new law on recovery of illicit assets. The law provides for government seizure of assets proven to result from public fund embezzlement, corruption, and money laundering. A newspaper reported in early September the law was not yet enforced due to a delay in adoption of the enactment decree.

Government officials conducted surprise visits to departments that were highly affected by corruption, such as customs and passport delivery. Such visits led to disciplinary measures against agents. In May the Ministry of Justice installed surveillance cameras inside court buildings in Antananarivo and began implementing a more rigorous control of entry points to stem bribery and corruption. In May, in collaboration with a German foundation, BIANCO officially launched an online grievance system to collect complaints related to corruption.

Financial Disclosure: The law requires regular income and asset declarations by individuals in the following positions: prime minister and other government ministers; members of the National Assembly and Senate; members of the High Constitutional Court; chiefs of regions and mayors; magistrates; civil servants holding positions of or equivalent to ministry director and above; inspectors of land titling, treasury, tax, and finances; military officers at the company level and above; inspectors from the state general inspection, the army’s general inspection, and the national gendarmerie’s general inspection; and judicial police officers.

As of September, according to the HCC website, the prime minister, 20 of the 22 members of his cabinet, and 112 of the 214 members of both houses of parliament had declared their assets as required by law.

Section 6. Discrimination, Societal Abuses, and Trafficking in Persons

Malawi

Section 2. Respect for Civil Liberties, Including:

a. Freedom of Expression, Including for the Press

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

Freedom of Expression: In the aftermath of the May tripartite elections, during several weeks in which thousands of citizens protested the results on the streets, the government, through the Malawi Communications Regulatory Authority (MACRA), took at least two separate steps to suppress and curtail freedom of speech.

On June 7, MACRA banned call-in radio shows, justifying this by claiming the shows were a platform for callers to incite the public against the government. On August 6, the government banned all radio stations in the country from live broadcasting of demonstrations when most radio stations suspended regular programming to cover the protests. MACRA stated the broadcasters should install a delay machine to allow sufficient time for it to disapprove prohibited content.

On September 2, the Media Institute of Southern Africa (MISA) Malawi, a private rights advocacy group, applied to the High Court for an injunction against MACRA regarding its blanket ban of call-in programs on radio stations. MISA Malawi was joined in the application by the Times Media Group, Zodiak Broadcasting Station, and Capital Radio. On September 25, the High Court granted MISA Malawi’s injunction to temporarily lift the ban while the court investigated whether some broadcasters indeed violated the terms of their licenses as alleged by MACRA.

Violence and Harassment: On September 18, in Lilongwe, two journalists, Golden Matonga from the Nation newspaper and Gladys Nthenda from Kulinji.com, were assaulted by demonstrators protesting the May election outcome. The demonstrators who assaulted them believed they were taking photographs for police, despite the two showing their press identity cards.

Censorship or Content Restrictions: Journalists sometimes practiced self-censorship, especially at government-owned media outlets such as the Malawi Broadcasting Corporation (MBC). Government agencies sometimes selectively targeted prominent media houses critical of the government for enforcement actions. On October 18, the Malawi Revenue Authority sealed National Publications Limited offices in Blantyre due to unpaid tax arrears. In contrast, the equally tax-delinquent progovernment MBC owed 4.5 billion Malawian kwacha (MWK) ($5.9 million) in back taxes but operated without any impediment.

b. Freedoms of Peaceful Assembly and Association

The constitution and law provide for the freedoms of peaceful assembly and association, but the government did not always respect these rights.

c. Freedom of Religion

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 generally respected these rights.

f. Protection of Refugees

Abuse of Migrants, Refugees, and Stateless Persons: Security forces sometimes intimidated refugees and asylum seekers. Police routinely detained and returned to the Dzaleka Camp refugees found outside of the camp, including those with proper identity documents. Local citizens often accused refugees of committing various crimes, and this at times resulted in looting of refugee property by community members. During the year UNHCR received no cases of refugees facing forced return to their countries of origin. Sporadic detention of persons of concern who were found outside the camp took place, with others taken to court and fined up to 100,000 MWK ($130), an approach authorities adopted in 2018.

There were multiple reports of so-called survival sex by refugees to obtain income to supplement food rations and other necessities in the Dzaleka Camp. UNHCR also reported gender-based violence and other criminal activities at Dzaleka. Some refugees reported fear of alleged country of origin operatives in Malawi.

In 2018 the MHRC received one complaint of mistreatment at the Dzaleka Camp.

The government continued to ban registration of perceived lesbian, gay, bisexual, transgender, and intersex (LGBTI) persons on the basis that it was against the law. UNHCR continued to advocate for the Ministry of Homeland Security to reverse its decision and consider registration and processing of all arrivals, including LGBTI cases. In the interim UNHCR registered the persons of concern in the database and conducted the mandatory Refugee Status Determination (RSD).

The government cooperated with the UN High Commissioner for Refugees (UNHCR) and other humanitarian organizations in providing protection and assistance to refugees, asylum seekers, and other persons of concern. As of September 30, there were 42,686 asylum seekers and refugees at the Dzaleka Camp in the central region, with an average monthly arrival total of 500 individuals, mostly from the Democratic Republic of the Congo.

Access to Asylum: The law provides for the granting of asylum or refugee status, and as of September the government provided protection to more than 42,000 individuals. Asylum seekers primarily came from the Great Lakes Region of Africa. Most of them remained designated as asylum seekers, with fewer than 14,000 recognized as refugees.

On April 12, the government published a gazette notice on group-based determination for asylum seekers from the eastern Democratic Republic of the Congo, in North and South Kivu Provinces, and Katanga Region. As of September the RSD backlog in the country stood at 28,702 of the 42,686 total asylum seeker and refugee population. UNHCR advocated for more efficient refugee status determination procedures to end the backlog. With the implementation of the recognition of refugee status for Congolese citizens, it was expected the backlog would decline to 35 percent by year’s end.

Freedom of Movement: Refugees were subject to an encampment policy that restricted them to the Dzaleka and Luwani refugee camps, the only two officially designated refugee camps. Authorities periodically rounded up and returned to the Dzaleka Camp those who left it.

Employment: In general the government did not allow refugees to seek employment or educational opportunities outside the camp. Most refugees were dependent on donor-funded food assistance. A small number of refugees with professional degrees, especially those with medical training, received permits to pursue employment and other opportunities outside the camp.

Access to Basic Services: UNHCR, NGOs, and the government collaborated to provide most basic services. Refugees had access to education and health-care services through camp schools and clinics, although only 37 percent of school-age refugee children were enrolled in primary and secondary school. The Dzaleka camp housed almost 43,000 persons of concern, creating congestion and a burden on resources and facilities. These overtaxed facilities served both refugees and local communities. A rapid increase in the refugee population and the inability of most refugees to grow food or earn money due to the encampment policy limited the available food and services to that provided by donors through UNHCR and the World Food Program. Shelter and food ration allocations were below recommended levels due to lack of space and insufficient funding.

While local laws and the justice system applied to refugees, access to the justice system was limited by inefficiencies and inadequate resources. With only 13 police officers assigned to the Dzaleka Camp, law enforcement capacity was extremely limited.

For the first time, refugees and asylum seekers were included in the Malawi Development and Growth Strategy III and the 20192023 United Nations Development Assistance Framework. On several occasions the country expressed its commitment to implement the Comprehensive Refugee Response Framework, which aims to integrate refugees into national systems. UNHCR continued to engage the government to accelerate the roll out of the framework, and a joint implementation plan was expected in early 2020.

Temporary Protection: The government provided temporary protection to individuals who may not qualify as refugees; however, no reliable statistics were available.

Section 4. Corruption and Lack of Transparency in Government

The law provides criminal penalties for conviction of corruption by officials, but the government did not implement the law effectively. Officials sometimes engaged in corrupt practices with impunity. There was little criminal or professional accountability for those involved.

The government, in cooperation with donors, continued implementation of an action plan to pursue cases of corruption, review how the “Cashgate” corruption scandal occurred, and introduce internal controls and improved systems to prevent further occurrences. Progress on investigations and promised reforms was slow.

Corruption: The Anti-Corruption Bureau is the agency primarily responsible for investigating and prosecuting cases of official corruption. It also works to educate the civil service and public on anticorruption matters. As of October the bureau reported it completed 94 investigations in the 2018/19 financial year and referred 21 of those cases to prosecutors.

On January 10, one Cashgate trial involving 11 suspects was concluded with 10 of the suspects convicted and one acquitted. The 10 were convicted of money laundering and conspiracy to commit a felony involving 201 million MWK ($264,000) from the former Ministry of Disability and the Department of the Accountant General. On April 16, the High Court sentenced three of the 10 to five years’ imprisonment each, four of the 10 to four years’ imprisonment each, and the last three of the 10 to three years’ imprisonment each.

The state’s eight billion MWK ($10.5 million) corruption case against former president Bakili Muluzi, begun in 2006, remained stalled.

Financial Disclosure: The constitution requires the president, vice president, and members of the cabinet to disclose their assets in writing to the speaker of the National Assembly within three months of being elected or appointed. There is no requirement in law for the speaker to make the declarations public or available to other members of parliament. The law requires officials in 48 categories, ranging from the president, members of parliament, and senior officials down to specific categories of civil servants, including traffic police and immigration officers, to make financial disclosures. Noncompliance is grounds for dismissal, and individuals who knowingly provide inaccurate information may be fined, dismissed, and imprisoned.

In October 2018 the director of Public Officers’ Declarations wrote the president and the speaker of parliament recommending they take disciplinary measures against a cabinet member and members of parliament for failure to comply with asset declaration statutes. No disciplinary measures had been carried out by October.

The declarations are to be accessible to the public upon request, but the director has the authority to deny such requests. Denials may be appealed to the High Court. The Directorate of Assets Declaration made no effort to make the paper-based asset declarations more readily available by, for example, digitizing them.

Section 6. Discrimination, Societal Abuses, and Trafficking in Persons

Mali

Section 2. Respect for Civil Liberties, Including:

a. Freedom of Expression, Including for the Press

The constitution provides for freedom of speech and press, but the government occasionally restricted those rights.

Freedom of Expression: The government restricted freedom of expression and information, particularly during the April demonstrations of the opposition, civil society, and religious leaders. There was generally good public access to private radio stations and newspapers. When tens of thousands of protestors took to the streets in April, the national media’s coverage was minimal. Various social media platforms, including WhatsApp and Facebook, were also disrupted or restricted during the protest. Internet interruptions also occurred during the same period.

Press and Media, Including Online Media: The law criminalizes offenses such as undermining state security, demoralizing the armed forces, offending the head of state, sedition, and consorting with the enemy. Former presidential candidate General Moussa Sinko Coulibaly was called in for several hours of questioning at the investigative panel of the gendarmerie following an October 2 tweet perceived to be incendiary and critical of the government.

Violence and Harassment: The media environment in Bamako and the rest of the South was relatively open, although there were sporadic reports of censorship and threats against journalists. Reporting on the situation in the North remained dangerous due to the presence of active armed groups. Journalists had difficulty obtaining military information deemed sensitive by the government and often were unable to gain access to northern locations. As reported in 2018, elections in the country were often accompanied by an uptick in violations of press freedom. The High Authority for Communication, the country’s media regulator, is the only authority with the power to issue legal rulings on media content.

Libel/Slander Laws: The law imposes fines and prison sentences for defamation. On June 4, Karim Keita, legislator, son of the president and chairman of the Defense Committee at the National Assembly, formally lodged a complaint against journalist Adama Drame and radio announcer Mamadou Diadie Sacko (aka Sax) for defamation. They had both accused Karim Keita of orchestrating the January 2016 disappearance of journalist Boubacar Toure. On July 17, the High Instance of the Commune III Tribunal rejected the complaint.

Financial considerations also skewed press coverage. Most media outlets had limited resources. Journalists’ salaries were extremely low, and many outlets could not pay the transportation costs for their journalists to attend media events. Journalists often asked event organizers to pay their transportation costs, and the terms “transportation money” and “per diem” became euphemisms for a pay-for-coverage system, with better financed organizations often receiving more favorable press coverage.

b. Freedoms of Peaceful Assembly and Association

c. Freedom of Religion

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 generally respected these rights.

The government generally cooperated with the Office of the UN High Commissioner for Refugees (UNHCR) and other humanitarian organizations in providing humanitarian assistance, including some protection services, to internally displaced persons (IDPs), refugees, asylum seekers, and other persons of concern. Security restrictions and failure to uphold the 2015 Algiers Peace Accord affected the delivery of humanitarian assistance.

In-country Movement: While in-country movement was not formally restricted, the army and some militias established checkpoints to maintain security, and the unstable security situation limited freedom of movement. The populations of Gao, Kidal, Timbuktu, and parts of Mopti feared leaving the cities for security reasons, including the threat from IEDs (see section 1.g.). Conditions at the beginning of the year encouraged some refugees and IDPs to return to their homes in the North and the Center, but subsequent incidents of insecurity slowed the rate of returns. The government facilitated travel to the North and the Center for IDPs who lacked the means to pay for their travel.

Police routinely stopped and checked citizens and foreigners to restrict the movement of contraband and verify vehicle registrations. The number of police checkpoints on roads entering Bamako and inside the city increased after a rise in extremist attacks across the country. Journalists often complained that the government, citing security concerns, did not allow them to move freely in the North during military operations.

f. 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. A national committee in charge of refugees operated with assistance from UNHCR. According to UNHCR, the International Organization for Migration, and the government, by September 30, there were 26,851 registered refugees and 1,000 asylum seekers residing in the country. The majority of refugees were of Afro-Mauritanian origin–expelled from Mauritania in 1989–and their children. At a meeting between UNHCR and ministers from the Economic Community of West African States, the government committed itself to assisting all Mauritanian refugees who wished to integrate locally with a declaration of intention to facilitate their naturalization. In 2015 the government issued birth certificates to nearly 8,000 refugee children born in the country as part of its commitment to facilitate local integration for Afro-Mauritanian refugees, allowing them to access public services, sign employment contracts, buy and sell land, set up companies, and borrow from banks.

As of September 30, UNHCR estimated there were 138,404 Malian refugees registered in neighboring Burkina Faso, Mauritania, and Niger. New refugee arrivals continued to increase throughout the year due to the conflict and violence in Mali. Despite security challenges, the government reported 74,205 Malian refugees had returned to Mali from neighboring countries as of September 30.

Temporary Protection: The government’s Office of International Migration is responsible for providing temporary protection to individuals who may not qualify as refugees. The National Commission for Refugees adjudicates refugee or asylum claims and provides temporary protection pending a decision on whether to grant asylum.

Section 4. Corruption and Lack of Transparency in Government

The law provides criminal penalties for corruption by officials, but the government did not implement the law effectively, and officials frequently engaged in corrupt practices with impunity. There were numerous reports of government corruption during the year.

Corruption: Corruption in all sectors of the administration was widespread. Authorities did not hold police accountable for corruption. Officials, police, and gendarmes frequently extorted bribes. There were reports of uniformed police or individuals dressed as police directing stopped motorists to drive to dark and isolated locations where they robbed the victims.

In July the general auditor of Mali released its 2018 report on government and public institution waste, fraud, and abuse. The airport of Mali and the office of the mayor of the rural commune of Baguineda were investigated. These two agencies were reported to have lost 2.12 billion CFA (more than five million dollars) in taxpayers’ money in 2018.

Financial Disclosure: The constitution requires the president, prime minister, and other cabinet members to submit annually a financial statement and written declaration of their net worth to the Supreme Court. The Court of Accounts, a section within the Supreme Court, is responsible for monitoring and verifying financial disclosures. There are no sanctions for noncompliance. The Court of Accounts requires officials to identify all their assets and liabilities when they start and complete their terms and provide yearly updates throughout their tenure. Officials are not required to submit disclosures for their spouses or children. The Central Office to Fight Illicit Enrichment (OCLEI), the agency responsible for receiving financial disclosures, was operational by year’s end, and more than a thousand officials had filed. In September President Keita submitted his annual financial statement and written declaration of net worth to the Supreme Court. Although the constitution calls for financial filings to be made public, this did not occur.

Section 6. Discrimination, Societal Abuses, and Trafficking in Persons

Mauritania

Section 2. Respect for Civil Liberties, Including:

a. Freedom of Expression, Including for the Press

The constitution provides for freedom of speech, including for the press, and the government arbitrarily and selectively applied regulations to suppress individuals or groups of individuals who opposed government policies. Individuals were generally free to criticize the government publicly but were occasionally subject to retaliation. The constitution and law prohibit racial or ethnic propaganda. The government used these provisions against political opponents, accusing them of “racism” or “promoting national disunity” for speaking out against the extreme underrepresentation in government of disadvantaged populations (namely the Haratines, or “Black Moors”), and sub-Saharan Africans.

Freedom of Expression: There were no major restrictions on freedom of opinion and expression. Nevertheless, local NGOs and bloggers, among other observers, reported the government’s actions in recent years discredited their image and reputation.

Press and Media, Including Online Media: Several independent daily publications expressed a range of views with limited restrictions. Throughout the year incidents of government retaliation against media decreased compared with the previous year.

On July 3, authorities arrested Ahmedou Ould Wediaa, an antislavery activist and a journalist for the private television station al-Mourabitoune. The same day, another journalist, Camara Seydi Moussa, known for his frequent criticism of the government, was released after being detained for one week by police. These arrests were linked to the journalists’ published criticism of the presidential election process and disputation of the election results. Independent media remained the principal source of information for most citizens, followed by government media. Government media focused primarily on official news but provided some coverage of opposition activities and views–a practice that was noticeably more frequent after the new government took office in August.

Censorship or Content Restrictions: Some opposition leaders asserted they had no access to official media channels or outlets. The government made payment of back taxes, at times unpaid for years with official complicity, a matter of priority, threatening several independent media stations with insolvency. Since the August inauguration of the new president, private media channels have not reported being threatened.

b. Freedoms of Peaceful Assembly and Association

c. Freedom of Religion

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. The government generally respected these rights, with some exceptions.

In-country Movement: Persons lacking identity cards could not travel freely in some regions. As in previous years, the government set up mobile roadblocks where gendarmes, police, or customs officials checked the papers of travelers.

f. Protection of Refugees

Abuse of Migrants, Refugees, and Stateless Persons: 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, vulnerable migrants, and other persons of concern. Resources provided by the government were inadequate to meet the assistance needs of these populations.

Access to Asylum: The law provides for granting of asylum or refugee status, and the government has established a system for providing protection to refugees. UNHCR carries out refugee status determinations under its mandate and then presents cases to the National Consultative Commission for Refugees for recognition. The country hosted nearly 57,000 Malian refugees in the M’bera refugee camp and continued to offer asylum to new refugee arrivals. The country also provided additional security in the camp to allow the Malian refugees to vote in the 2018 Malian presidential election.

In accordance with agreements with the Economic Community of West African States on freedom of movement, the government allows West Africans to remain in the country for up to three months, after which they must apply for residency or work permits. Authorities immediately deported migrants determined to be illegally seeking to reach Spain’s nearby Canary Islands.

Section 4. Corruption and Lack of Transparency in Government

The law provides criminal penalties for corruption by government officials, but authorities did not enforce the law effectively, and officials often engaged in corrupt practices with impunity. The law defines corruption as “all exploitation by a public agent of his position for personal purposes, whether this agent is elected, or in an administrative or judicial position.” Corrupt practices were widely believed to exist at all levels of government. The 2015 anticorruption law was mostly used as a weapon against opponents of the regime.

Corruption: Corruption and impunity were serious problems in public administration, and the government rarely held officials accountable or prosecuted them for abuses. There were reports government officials frequently used their power to obtain personal favors, such as unauthorized exemption from taxes, special grants of land, and preferential treatment during bidding on government projects. Corruption was most pervasive in government procurement but was also common in the distribution of official documents, fishing and mining licenses, land distribution, as well as in bank loans and tax payments. Although there was a slight increase in prosecutions for corruption during the year, authorities rarely jailed those found guilty. Instead, they were usually fired and required only to return the funds. One exception was Mohamedou Ould Mohamed Lemine, a former accountant of the National Guard who was sentenced in April 2018 to five years in prison for economic crimes.

Financial Disclosure: The government enforced the requirement that senior officials, including the president, file a declaration of their personal assets at the beginning and end of their government service. This information is not available to the public. During the year the opposition continued to denounce former president Aziz and other government members’ nondisclosure of their personal assets as required by law. On July 31, on the last official day of his presidency, Aziz made a declaration of assets to the Committee on Financial Transparency in Public Life, but this information was not made public. His former minister of finance did the same and later disclosed his information on his personal Facebook page.

Section 6. Discrimination, Societal Abuses, and Trafficking in Persons

Mauritius

Section 2. Respect for Civil Liberties, Including:

a. Freedom of Expression, Including for the Press

The constitution provides for freedom of expression, including for the press; however, a related law was amended in October 2018 to prevent internet users from posting anything that could cause “annoyance, humiliation, inconvenience, distress or anxiety to any person” on social media. Anyone found guilty faces up to 10 years’ imprisonment.

Press and Media, Including Online Media: Independent media were active and expressed a wide variety of views.

The government owned the sole domestic television network, MBC TV. Opposition parties and media commentators regularly criticized the station for its allegedly progovernment bias and unfair coverage of opposition parties, as well as alleged interference in the network’s daily operations by the prime minister’s senior adviser. International television networks were available by subscription or via cable. Stringent limitations on foreign investment in local broadcast media contained in the Independent Broadcasting Authority Act were deterrents to the establishment of independent television stations.

Censorship or Content Restrictions: On July 31, the United Arab Emirates deported Mauritian citizen Shameem Korimbocus for posting offensive comments on social media directed at the Mauritian government. Media reported in 2018 that a senior member of the Mauritian government requested that the Dubai government intervene. Authorities did not charge Korimbocus with any crimes on his return.

The government maintained its 1989 ban of The Satanic Verses by Salman Rushdie and the Rape of Sita by Lindsey Collen. While bookstores could not legally import the book, purchasers could buy it online without difficulty.

b. Freedoms of Peaceful Assembly and Association

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

c. Freedom of Religion

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

d. Freedom of Movement

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

Foreign Travel: In cases where individuals were arrested and released on bail, the government generally seized the person’s passport and issued a prohibition order prohibiting such individuals from leaving the country.

f. Protection of Refugees

Access to Asylum: The law does not provide for the granting of asylum or refugee status, and the government has not established a system providing protection to refugees. According to the Office of the UN High Commissioner for Refugees, there were no registered refugees or asylum seekers in the country.

Section 4. Corruption and Lack of Transparency in Government

The law provides criminal penalties for corruption by officials, but the government did not implement the law effectively, and officials sometimes engaged in corrupt practices with impunity.

Corruption: There were widespread anecdotal reports that corruption occurred, but during the year no complaints were lodged with police or with the Independent Commission Against Corruption.

Financial Disclosure: The law requires national government cabinet officers and commissioners of the Rodrigues Island Regional Assembly to make a public disclosure of assets upon taking office and at the dissolution of the National Assembly or the Rodrigues Island Regional Assembly. On August 22, the Declarations of Assets Act was amended to extend financial disclosure to senior civil servants and political appointees to government agencies; however, the government did not always enforce the law.

Section 6. Discrimination, Societal Abuses, and Trafficking in Persons

Mozambique

Section 2. Respect for Civil Liberties, Including:

a. Freedom of Expression, Including for the Press

The constitution and law provide for freedom of expression, including for the press. The government did not always effectively protect or respect these freedoms. Academics, journalists, opposition party officials, and civil society reported an atmosphere of intimidation and fear that restricted freedom of speech and press. Journalists expressed concern regarding government intimidation by security forces.

Freedom of Expression: There were no official restrictions on the ability of individuals to criticize the government or on the discussion of matters of general public interest. Police imposed de facto restrictions on free speech and expression throughout the year. Opposition and civil society members complained they could not freely criticize the government without fear of reprisal. The opposition Renamo Party accused the government of using the military and police to prevent its candidates from undertaking political activities.

Press and Media, Including Online Media: Media outlets and individual journalists regularly reported on a broad range of topics and criticized the government, the ruling party, and prominent political figures. The vast majority of critical articles did not result in retaliation from the government or the ruling party. Civil society organizations and journalists, however, stated the government and ruling party exerted substantial pressure on all forms of media and took retaliatory action when unspecified limits were crossed. In August parliament passed a law criminalizing photographing or recording video and audio of individuals without their consent. Conviction of violating this law is punishable by up to one year in prison.

Violence and Harassment: Journalists were subjected to violence, harassment, or intimidation due to their reporting. For example, civil society and journalists stated that authorities harassed journalists who reported on the involvement of finance minister Manuel Chang in the “Hidden Debt” scheme in which nearly 124 billion meticais (two billion dollars) in government-backed loans were secretly contracted through a scheme that involved extensive bribery and kickbacks, including to sitting government officials.

On January 5, soldiers arrested journalist Amade Abubacar in Cabo Delgado Province as he was interviewing residents who were fleeing insurgent attacks. He was reportedly held incommunicado in a military detention facility until his lawyers succeeded in obtaining his transfer to a civilian prison. Authorities stated he was suspected of terrorist activity and charged with violating state secrets. Amnesty International stated mistreatment of Abubacar while in detention included “physical aggression, forcing him to sleep handcuffed” and food deprivation. It concluded that this amounted “to cruel, inhuman or degrading treatment or punishment, or even torture.” On April 23, Abubacar was released, but his freedom of movement was restricted. On September 5, the public prosecutor of Cabo Delgado Province charged him with “public instigation through the use of electronic media,” “slander against forces of public order,” and “instigation or provocation to public disorder.” As of November the Cabo Delgado Provincial Court had yet to accept the case.

Censorship or Content Restrictions: There were no official government guidelines for media. Journalists in the state-controlled and private media reported pressure to self-censor. Some journalists stated critical reporting could result in cancellation of government and ruling party advertising contracts. The largest advertising revenue streams for local media came from ministries and state-controlled businesses. Domestic and international observers viewed the January 5 arrest and jailing of journalist Amade Abubacar while interviewing persons displaced by violence in Cabo Delgado Province as an example of de facto censorship.

National Security: Authorities cited antiterrorism and national security laws to arrest journalists who attempted to report on violence in Cabo Delgado Province. On February 18, journalist Germano Adriano was arrested, charged with using technology to violate state secrets, and jailed. He was released in April. By November he had yet to be tried.

b. Freedoms of Peaceful Assembly and Association

The constitution and law provide for the freedoms of peaceful assembly and association. The government did not always respect these rights.

c. Freedom of Religion

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

f. Protection of Refugees

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

Durable Solutions: The government worked closely with UNHCR to implement a local integration program for refugees in communities in Maputo and nearby Matola, and at the Maratane Camp in Nampula Province. UNHCR referred a limited number of refugees for third-country resettlement.

Section 4. Corruption and Lack of Transparency in Government

The law provides criminal penalties for conviction of corrupt acts by officials; however, the government did not implement the law effectively, and officials often engaged in corrupt practices with impunity. Corruption was a problem in all branches and at all levels of government. In 2018 the president stated corruption was among the greatest challenges facing the country and stressed the fight against corruption was a top priority.

Corruption: Corruption, including extortion by police, remained widespread, and impunity remained a serious problem. Police regularly demanded identification documents or alleged vehicular infractions solely to extort bribes.

There were several cases of public corruption during the year involving active and former government officials arrested and charged with crimes. Those charged included former labor minister and former cabinet official Maria Helena Taipo and ambassador to Russia Bernardo Chirinda. Both were charged with embezzlement and misuse of public funds.

In what became known as the Hidden Debt scheme (see sections 2.a and 2.b.), in 2013 the government began guaranteeing a series of loans totaling more than 128 billion meticais (two billion dollars) from two investment banks–Credit Suisse and the Russian VTB (Vendor Take Back) Bank–for three security and defense-related state-owned enterprises. The loans were signed by former finance minister Manuel Chang, and their existence was not disclosed to the public or parliament. In December 2018 Manuel Chang was arrested in South Africa pursuant to a U.S. arrest warrant related to his alleged involvement in the scheme. On June 3, the Constitutional Council declared the loans illegal. Twenty additional suspects of involvement in the scheme were also arrested.

Financial Disclosure: The law requires annual income and assets disclosure by appointed and elected members of the government and high-ranking civil servants to the Ministry of State Administration. The law provides for fines for those who do not file declarations; however, the declarations are not made public. The Center for Public Integrity reported incomplete compliance because the process of requiring public servants to file financial disclosures was not effective.

Section 6. Discrimination, Societal Abuses, and Trafficking in Persons

Namibia

Section 2. Respect for Civil Liberties, Including:

a. Freedom of Expression, Including for the Press

The constitution 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: There were reports journalists working for state-owned media practiced self-censorship in favor of the government and Swapo.

National Security: There was one instance of authorities invoking national security concerns to restrict press freedom. In 2018 the Central Intelligence Services (NCIS) filed for an injunction on national security grounds against the publication of an article, but the High Court did not grant the injunction, and the press published the article. In April the NCIS appealed the decision to the Supreme Court, which denied the appeal and affirmed the lower court’s ruling.

b. Freedoms of Peaceful Assembly and Association

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

c. Freedom of Religion

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.

f. Protection of Refugees

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.

Refugees were required to live at the government’s Osire refugee settlement. The government cooperated with the NGO Komeho Namibia to provide food, shelter, water, and sanitation at the settlement. The government issued identification cards and exit permits allowing refugees to leave the settlement to travel to a specified place for a limited period. The government maintained strict control over civilian access to the settlement but provided regular, unrestricted access to the International Committee of the Red Cross, the Office of the UN High Commissioner for Refugees (UNHCR), and UNHCR’s NGO partners.

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

Section 4. Corruption and Lack of Transparency in Government

The law provides criminal penalties for corruption by officials; however, the government did not implement the law effectively, and officials sometimes engaged in corrupt practices with impunity. There were reports of corruption by individuals in government. The Anti-Corruption Commission (ACC) continued implementation of the four-year National Anticorruption Strategy and Action Plan 2016-2019, aimed at increasing accountability in all areas of government and preventing corruption.

Corruption: On November 13, the minister of fisheries and marine resources and the minister of justice resigned their positions within hours of media reports alleging their involvement in a scandal that may have generated as much as N$150 million ($10.4 million) from the illicit issuance of fishing licenses. Both former ministers were arrested, charged with bribery, and had their names removed from the list of Swapo party National Assembly representatives. On July 8, in a separate case the minister of education, arts, and culture was found guilty on charges of corrupt abuse of office for actions taken in 2014 when she served as a regional governor. The minister was fined N$50,000 ($3,470) and resigned her position, but she continued to serve as a member of the National Assembly.

Financial Disclosure: The parliamentary code of conduct requires members to make annual declarations of financial interests. The declaration form includes a confidential portion to which the public does not have access. Compliance was inconsistent and not strictly enforced.

Section 6. Discrimination, Societal Abuses, and Trafficking in Persons

Niger

Section 2. Respect for Civil Liberties, Including:

a. Freedom of Expression, Including for the Press

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.

b. Freedoms of Peaceful Assembly and Association

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

c. Freedom of Religion

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.

f. Protection of Refugees

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.

Section 4. Corruption and Lack of Transparency in Government

Although the law provides criminal penalties for corruption by officials, the government did not implement the law effectively, and officials often engaged in corrupt practices with impunity. The government publicly acknowledged corruption was a problem, and there were several reports of government corruption during the year.

Corruption: Civil servants often demanded bribes to provide public services. A poorly financed and trained law enforcement establishment and weak administrative controls compounded corruption. Other contributing factors included poverty, low salaries, politicization of the public service, traditional kinship and ethnic allegiances, a culture of impunity, and the lack of civic education.

The High Authority for the Fight Against Corruption and Related Offenses (HALCIA) actively investigated official corruption and made several official reports, some of which led to punitive action by the government, including arrests. Presidential control of its budget, however, limited HALCIA’s independence.

HALCIA received a complaint that members of the national agency that assists citizens in performing the Hajj received bribes to use particular vendors and did not use payments by citizens on the Hajj for promised services.

Financial Disclosure: The constitution requires the president of the republic, presidents of other government institutions, and cabinet members to submit written statements of their personal property and other assets to the Constitutional Court upon assuming office, and they complied. These statements are to be updated annually and at the end of an individual’s tenure. The National Register and the press published the initial statements and updates. Copies of the statements were forwarded to the government’s fiscal services. Filers must explain any discrepancies between the initial and the updated statements. The Constitutional Court has authority to assess discrepancies, but there was no indication it questioned a declaration’s veracity or imposed sanctions. The president released his information publicly in 2018, but other senior office holders did not.

Section 6. Discrimination, Societal Abuses, and Trafficking in Persons

Nigeria

Section 2. Respect for Civil Liberties, Including:

a. Freedom of Expression, Including for the Press

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.

b. Freedoms of Peaceful Assembly and Association

c. Freedom of Religion

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.

f. Protection of Refugees

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.

Section 4. Corruption and Lack of Transparency in Government

Although the law provides criminal penalties for conviction of official corruption, the government did not implement the law effectively, and government officials frequently engaged in corrupt practices with impunity. Massive, widespread, and pervasive corruption affected all levels of government, including the judiciary and the security services. The constitution provides immunity from civil and criminal prosecution for the president, vice president, governors, and deputy governors while in office. There were numerous reports of government corruption during the year.

Corruption: The Independent Corrupt Practices Commission (ICPC) holds broad authorities to prosecute most forms of corruption. The Economic and Financial Crimes Commission (EFCC) writ extends only to financial and economic crimes. The ICPC led a raid in August that resulted in the arrest of 37 federal road safety officers and five civilian employees on charges of extortion. As of September the EFCC had secured 834 convictions during the year.

Although ICPC and EFCC anticorruption efforts remained largely focused on low- and mid-level government officials, following the 2015 presidential election, both organizations started investigations into and brought indictments against various active and former high-level government officials. Many of these cases were pending in court. According to both the ICPC and the EFCC, the delays were the result of a lack of judges and the widespread practice of filing for and granting multiple adjournments.

EFCC arrests and indictments of politicians continued throughout the year, implicating a significant number of opposition political figures and leading to allegations of partisan motivations on the part of the EFCC.

Financial Disclosure: The Code of Conduct Bureau and Tribunal Act requires public officials–including the president, vice president, governors, deputy governors, cabinet ministers, and legislators (at both federal and state levels)–to declare their assets to the Code of Conduct Bureau (CCB) before assuming and after leaving office. The constitution calls for the CCB to “make declarations available for inspection by any citizen of the country on such terms and conditions as the National Assembly may prescribe.” The law does not address the publication of asset information. Violators risk prosecution, but cases rarely reached conclusion.

In April, Supreme Court Chief Justice Walter Onnoghen was convicted of falsely declaring his assets for failing to reveal money held in five foreign bank accounts. He was banned from holding public office for 10 years and ordered to forfeit the money in the five accounts. President Buhari had suspended Onnoghen over the charges of failing to disclose assets in January several weeks before the presidential election. President Buhari did not receive support for Onnoghen’s removal from two-thirds of the Senate or from the National Judicial Council as the law requires. The timing and process of Onnoghen’s suspension led many opposition candidates, lawyers, and civil society leaders to accuse President Buhari of meddling with the independence of the judiciary.

Section 6. Discrimination, Societal Abuses, and Trafficking in Persons

Republic of the Congo

Section 2. Respect for Civil Liberties, Including:

a. Freedom of Expression, Including for the Press

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

Freedom of Expression: Individuals could criticize the government publicly or privately but feared reprisal. The constitution provides for freedom of expression in all forms of communication and prohibits censorship. The constitution, however, criminalizes speech that incites ethnic hatred, violence, or civil war and makes it punishable by no less than five years in prison. It also criminalizes any act or event that promotes racism or xenophobia.

Press and Media Freedom, Including Online Media: Independent media were active and expressed a wide variety of views with some restrictions. Press and media outlets regularly published criticism and satire of the government and senior officials. Most citizens obtained their news from local retransmission of international media and local radio or television stations. There was greater space in electronic media for open discussion of government policy, including critical discussion. International radio broadcasts and satellite television services were available and encouraged discussions of public policy.

Violence and Harassment: There were unconfirmed reports of direct and indirect intimidation of journalists by the government, including telephone calls from official and anonymous persons warning journalists not to use footage of politically sensitive events, and pressure on news outlets not to run certain stories or footage.

Censorship or Content Restrictions: Media outlets were required to register with the Superior Council for Liberty of Communication (CSLC), an official regulatory body. Media outlets that violated council regulations were subject to financial sanctions or temporary shutdown. The president appoints the director of the council.

Many journalists and editors at larger circulation media outlets practiced self-censorship and promoted the editorial views of media owners. Newspapers published open letters written by government opponents.

There were no reports the government revoked journalists’ accreditations if their reporting reflected adversely on the government’s image. An international NGO reported that the CSLC threatened closure of the general news weekly Manager Horizon due to a series of reports it published about alleged embezzlement of public funds by the National Civil Aviation Agency (ANAC). The CSLC summoned Manager Horizon’s editor for questioning on June 24 and August 8 and told him to produce hard evidence of the publication’s claims or refrain from further coverage. The editor received a formal warning notice to comply with the CSLC’s instructions on August 9. As of October 16, the newspaper remained in operation.

Libel/Slander Laws: The press law provides for monetary penalties and suspension of a publication’s permission to print for defamation and incitement to violence.

b. Freedoms of Peaceful Assembly and Association

The government limited freedoms of peaceful assembly and association.

c. Freedom of Religion

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

d. Freedom of Movement

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

Foreign Travel: The law provides for freedom of internal movement, foreign travel, emigration, and repatriation. There were reports the government attempted to restrict foreign travel.

According to UN officials, the government did not allow the executive director of a prominent local NGO to leave the country on May 11 to participate in a UN-funded conference in June that included the Congolese minister of justice. The executive director could not provide required proof the NGO did not owe arrears to the Caisse Nationale de Securite Sociale (CNSS) on behalf of its employees before boarding his flight.

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

f. Protection of Refugees

Abuse of Migrants, Refugees, and Stateless Persons: The government cooperated with the Office of the UN High Commissioner for Refugees and other humanitarian organizations in providing protection and assistance to IDPs, refugees, asylum seekers, stateless persons, and other persons of concern. UNHCR conducted training sessions on international protection with representatives from law enforcement, the immigration service, the judiciary, and local police during the year. Authorities arrested 81 refugees between January and August on suspicion of criminal offenses including rape, false documentation, poaching, and breach of public order. Although refugees had equal access to community health centers and hospitals, there were reports of refugees receiving discriminatory treatment at some hospitals, including insults by medical personnel and long waiting times for treatment without regard to priority relative to their medical conditions.

Access to Asylum: The law provides for the granting of asylum or refugee status, and the government has a system for providing protection to refugees but not asylum seekers. There are no laws recognizing asylum seekers nor any laws implementing the protections afforded in the 1951 Refugee Convention, to which the government is a signatory. According to UNHCR the country hosted approximately 43,500 refugees, 13,825 asylum seekers, and 11,728 other persons of concern during the year. From January to July, UNHCR facilitated the voluntary repatriation of more than 1,797 CAR refugees from Congo to the CAR.

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

According to UNHCR the CNAR eligibility board processed 200 asylum cases between June and July, granting refugee status to none of the cases. As of July 1, CNAR placed 11 cases on hold pending further processing and denied 189.

Beginning in December 2018 the country saw an influx to the districts of Makotipoko and Bouemba of persons fleeing violence in the DRC. UNHCR registered 8,452 refugees and an estimated 10,000 more sought asylum. According to UNHCR, as of August 30, the country hosted 19,831 CAR refugees and asylum seekers.

In 2015 the government stopped granting prima facie status to refugees fleeing from the CAR. During the year UNHCR registered 3,645 CAR asylum seekers. With the support of UNHCR, the CNAR adopted an expedited procedure to process asylum requests. As of August the government registered 1,490 asylum-seeking families from the CAR.

Employment: The law does not address employment for refugees, but various government decrees prohibit foreigners, including refugees, from practicing small trade activities and working in the public transportation sector.

Access to Basic Services: UNHCR-funded primary schooling was accessible to most refugees. During the academic year, primary schools enrolled 2,945 refugee children, including 1,419 girls. Authorities severely limited access to secondary and vocational education for refugees. Most secondary education teachers at such schools were refugees who volunteered to teach or received payment from parents of refugee children.

Durable Solutions: As of September the country hosted 12,436 former Rwandan refugees. Former Rwandan refugees may obtain permanent status in Congo if they apply for a Rwandan passport. Many former Rwandan refugees in Congo feared deportation if they received a passport, despite the assurances of local authorities and UNHCR this would not be the case. The government did not deport any former Rwandan refugees as of October.

Section 4. Corruption and Lack of Transparency in Government

The law provides for criminal penalties for corruption by officials. The government did not apply the anticorruption law evenly, however, and many officials engaged in corrupt practices with impunity. The government prosecuted one low-level official for corruption during the year.

Corruption: Local and international organizations regularly accused government officials, including the president, his family, and senior ministers of corruption. The accusations generally alleged officials divert revenues from their official portfolios into private, overseas accounts before officially declaring the remaining revenues.

In September international media reported the government of San Marino seized 19 million euros from 36 bank accounts belonging to President Sassou Nguesso and members of his family. The funds were seized from deposits made between 2006 and 2011.

Financial Disclosure: The constitution mandates elected and senior appointed officials disclose their financial interests before taking office and upon leaving office. Failure to do so constitutes legal grounds for dismissal from a senior position. The constitution does not require that financial disclosure statements be made public.

Section 6. Discrimination, Societal Abuses, and Trafficking in Persons

Senegal

Section 2. Respect for Civil Liberties, Including:

a. Freedom of Expression, Including for the Press

The constitution and law provide for freedom of expression, including for the press, but the government occasionally limited these freedoms.

Freedom of Expression: Blasphemy, security, and criminal defamation laws are in place and were occasionally enforced.

On July 16, the government indicted and placed under arrest activist Guy Marius Sagna, a member of the Front for a Popular Anti-Imperialist Revolution and Pan Africanism movement (FRAPP-France-Degage), a civil society organization that rallies against French interests in the country. FRAPP-France-Degage posted a false warning on its Facebook page denouncing France for allegedly planning a bomb attack. Sagna later obtained release on bail, although his case remained pending.

Press and Media, Including Online Media: Independent journalists regularly criticized the government without reprisal. Private independent publications and government-affiliated media were available in Dakar, although their distribution in rural areas was irregular.

Radio was the most important medium of mass information and source of news due to the high illiteracy rate. There were approximately 200 community, public, and private commercial radio stations. Although an administrative law regulates radio frequency assignments, community radio operators claimed a lack of transparency in the process.

Although the government continued to influence locally televised information and opinion through Radio Television Senegal (RTS), more than 10 privately owned television channels broadcast independently. By law the government holds a majority interest in RTS, and the president directly or indirectly controlled selection of all members of the RTS executive staff. Beyond RTS all other public media outlets including the Senegalese Press Agency and the Le Soleil daily journal were controlled by members of President Sall’s ruling party, appointed by Sall; reporting by these outlets often carried a progovernment bias.

Violence and Harassment: On June 29, officers of the DIC of the Gendarmerie raided the home of Jean Meissa Diop, senior journalist of media group Walfadjri. DIC officers claimed they were searching for a journalist who had accused a senior member of the ruling party of corruption in a recent press article. According to Diop, DIC officers entered his house without presenting a warrant, invaded his privacy, searched his room, and were excessively rough in handling his family. The DIC later apologized publicly to Diop and his family for the “misunderstanding,” while denying they used any violence and noting the intervention took place during business hours. (see also section 1.d. and section 1.f.).

Censorship or Content Restrictions: Journalists occasionally practiced self-censorship, particularly in government-controlled media.

b. Freedoms of Peaceful Assembly and Association

The government sometimes restricted freedom of peaceful assembly, but generally respected freedom of association. The Ministry of Interior must approve protests in advance.

c. Freedom of Religion

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 generally respected these rights.

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

In-country Movement: MFDC banditry and the risk of landmines restricted movement in some parts of the Casamance.

Foreign Travel: The law requires some public employees to obtain government approval before departing the country. Only the military and judiciary enforced this law for their employees, however.

f. 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. Since the president must approve each case, delays of many years in granting refugee status remained a problem. Refugee advocates reported the government rarely granted refugee status or asylum. The government, however, generally allowed those with pending and some with rejected asylum claims to remain in the country.

The government did not offer all asylum seekers due process or security, since the same committee that examined appeals filed by denied asylum seekers had examined their original cases. Police did not arrest denied asylum seekers for staying illegally in the country. Police did arrest asylum seekers if they committed crimes, but authorities generally contacted UNHCR in such cases to verify their asylum status and ensure they deported no one with a pending claim.

Durable Solutions: Since 1989 the country has offered protection to Mauritanian refugees, who were dispersed over a large area in the Senegal River valley along the Mauritania border and enjoyed free movement within the country. According to UNHCR, most of the remaining 14,400 Mauritanian refugees have indicated a desire to remain in the country permanently.

The government continued to permit generally unsupervised and largely informal repatriation of Casamance refugees returning from The Gambia and Guinea-Bissau.

Temporary Protection: The government did not formally grant temporary protection, although the government generally allowed those with pending and sometimes denied asylum claims to remain in the country.

Section 4. Corruption and Lack of Transparency in Government

The law provides criminal penalties for official corruption, but the government often did not enforce the law effectively. Officials frequently engaged in corrupt practices with impunity. During the year there were reports of government corruption.

Corruption: The National Anticorruption Commission’s (OFNAC) first and only annual report, in 2016, concluded that bribery, misappropriation, abuse of authority, and fraud remained widespread within government institutions, particularly in the health and education ministries, postal services, and the Transport Administration. Since the dismissal of the first OFNAC president in 2016, authorities installed a new president, and the organization has focused on advising judicial officials on corruption, investigating allegations of fraud, and serving as a supervisory body on fraud-related cases.

Financial Disclosure: A 2014 law requires the president, cabinet ministers, speaker and chief financial officer of the National Assembly, and managers of public funds in excess of one billion CFA francs ($1.7 million) to disclose their assets to OFNAC. Failure to comply may result in a penalty amounting to one-quarter of an individual’s monthly salary until forms are filed. The president may dismiss appointees who do not comply. With the exception of disclosures made by the president, disclosures made under the law are confidential and unauthorized release of asset disclosures is a criminal offense.

Section 6. Discrimination, Societal Abuses, and Trafficking in Persons

Sierra Leone

Section 2. Respect for Civil Liberties, Including:

a. Freedom of Expression, Including for the Press

The constitution and law provide for freedom of speech and press, and the government generally respected these rights, but there were exceptions.

Freedom of Expression: Government officials used criminal slander provisions of the law to impede witness testimony in court cases, including anticorruption matters, and to target persons making statements that the government considered to be against the national interest. While there is no hate speech law, at times authorities used hate speech as a legal justification for restricting freedom of speech.

The HRCSL and Amnesty International reported no arrests or detentions in relation to freedom of expression.

Press and Media, Including Online Media: Most registered newspapers were independent, although several were associated with political parties. Newspapers openly and routinely criticized the government and its officials as well as opposition parties. While independent broadcast media generally operated without restriction, there were exceptions. International media could operate freely but were required to register with the Ministry of Information and Communications and the government-funded Independent Media Commission to obtain a license. Acting beyond its mandate, the National Telecommunications Commission of Sierra Leone instructed all community radio stations to register as commercial stations, which requires the payment of a license fee. According to a media rights NGO, the fee requirement would force many stations, particularly in rural areas, to shut down.

Violence and Harassment: There were reports authorities used violence and harassment against journalists. In September presidential bodyguards physically assaulted two female journalists reporting on a sporting event at the national stadium, where President Bio was in attendance. The presidential guards reportedly threatened to shoot the journalists, and one of them was hospitalized. In October an investigative committee composed of civil society, media, and government officials recommended the removal of one presidential guard from the force, and the government complied. In October two opposition party members, including a former mayor of Freetown, were arrested and charged with the 2018 murder of journalist Ibrahim Samura (see also section 1.a.).

Libel/Slander Laws: The law punishes defamatory and seditious libel with imprisonment of up to three years. In September the cabinet voted to repeal the criminal libel law, but as of November, parliament had not approved the repeal. According to the Sierra Leone Association of Journalists, during the year at least eight journalists were arrested under criminal libel law on allegations of defamation and libel.

In January police arrested and detained for two days the editor of Nightwatch newspaper, Emmanuel Thorli, for defamatory libel and released him on bail. Police investigators reportedly pressured the journalist to disclose the source of an article about the issuance of diplomatic passports to 300 relatives of President Bio.

On November 3, a comedian was arrested and charged under criminal libel law for allegedly defaming President Bio.

b. Freedoms of Peaceful Assembly and Association

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

c. Freedom of Religion

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 generally respected these rights. On February 19, the Ministry of Labor and Social Security indefinitely suspended all overseas labor recruitment. Minister Edward King indicated that the rationale for this ban was to discourage trafficking in persons.

In-country Movement: There were reports that police officers operating security roadblocks nationwide as part of routine security checks often extorted money from motorists. The SLP banned unauthorized vehicular movement during an August 24 parliamentary by-election. All political parties, including the main opposition APC party, welcomed the restriction. The government continued to enforce a ban on civilian individuals and vehicular movement on the first Saturday of each month in order to support a nationwide cleaning exercise. This ban interfered with a religious group’s right to assemble for Saturday morning prayers.

f. Protection of Refugees

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, and other persons of concern.

Access to Asylum: The law provides for the granting of asylum or refugee status, and the government has established a system for providing protection to refugees. UNHCR worked with government authorities to develop standard operating procedures for refugee status determination.

Section 4. Corruption and Lack of Transparency in Government

The law provides criminal penalties for corruption by officials, and the government generally implemented the law effectively. Officials sometimes engaged in corrupt practices with impunity. During the year there were fewer reports of government corruption compared with 2018.

Corruption: The Anticorruption Commission (ACC) indicted and charged more than 33 persons, convicted 16 individuals, and recovered more than 17.8 billion leones ($1.97 million) from corrupt government officials. For example, in September the ACC indicted the former executive director of the Sierra Leone Roads Safety Authority and two other officials for defrauding the state of 2.1 billion leones ($233,000).

During the year a survey by Transparency International found that 52 percent of the residents of the country had paid a bribe for public services, with the highest rate of bribery for health services. In Transparency International’s previous 2015 survey, 41 percent reported paying bribes.

In May the judiciary assigned five high court justices to a new Anti-Corruption Court to deal with corruption cases brought by the ACC. During the year these judges presided over anticorruption cases but did not sit as a separate court. In October parliament passed into law the Anti-Corruption Amendment Act of 2019, which increased penalties for corruption and provided the ACC with alternative powers to prosecution, including out-of-court settlements to recoup stolen monies.

As in previous years, human rights groups expressed concern that police corruption remained a serious problem. Some police and guards exacted bribes at checkpoints, falsely charged motorists with violations, impounded vehicles to extort money, and accepted bribes from suspects to drop charges or to arrest their rivals and charge them with crimes. In exchange for kickbacks, police reportedly arrested persons for civil disputes, such as alleged breach of contract or failure to satisfy a debt.

Financial Disclosure: The law requires public officers, their spouses, and their children to declare their assets and liabilities within three months of assuming office, and according to the ACC, officials largely complied. The Amended Anti-Corruption Act further requires public officials to declare their assets no later than three months after the end of their employment.

The law also mandates disclosure of assets by government ministers and members of parliament. The ACC is empowered to verify asset disclosures and may publish in media the names of those who refuse to disclose and petition courts to compel disclosure. The particulars of individual declarations were not available to the public without a court order.

Section 6. Discrimination, Societal Abuses, and Trafficking in Persons

Somalia

Section 2. Respect for Civil Liberties, Including:

a. Freedom of Expression, Including for the Press

The law provides for freedom of speech, including for the press, but neither federal nor regional authorities respected this right. The Somali penal code criminalizes the spreading of “false news,” which it does not define, with penalties including imprisonment of up to six months. The government; government-aligned militias; authorities in Somaliland and Puntland, South West State, Galmudug, Jubaland, ASWJ, al-Shabaab; and unknown assailants killed, abused, and harassed journalists with impunity (see sections 1.a., 1.d., and 1.g.).

Somaliland law prohibits publication or circulation of exaggerated or tendentious news capable of disturbing public order, and officials used the provision to charge and arrest journalists.

Puntland law limits freedom of opinion and expression through broadly worded limitations–including conformity with moral dignity, national stability, and personal rights of others–and allows for exceptions from the right to freedom of expression in times of war or other public emergency.

Freedom of Expression: Individuals in government-controlled areas risked reprisal for criticizing government officials, particularly for alleged official corruption or suggestions that officials were unable to manage security matters. Such interference remained common outside the capital, particularly in Puntland and Somaliland.

In March a senior official in the FGS Ministry of Foreign Affairs was fired after posting a story on Twitter calling for his country to establish ties with Israel and echoing his support for such an idea. He went into self-imposed exile, claiming that his safety and security had been undermined by the publicity of his firing.

In April and May, the Somaliland government arrested a journalist, an opposition youth leader, a civil servant, and a member of parliament for criticizing the government, either in online media or in public settings. Two were sentenced to six months in prison, one was released after 32 days of detention, and the other was awaiting trial (see also section 1.d., Arbitrary Arrest and Detention).

Press and Media, Including Online Media: Independent media were active and expressed a wide variety of views, although self-censorship was common due to a history of arbitrary arrest of journalists and of search and closure of media outlets that criticized the government. Eight outlets were closed, suspended, or blocked by government authorities, including four in Somaliland. Reports of such interference occurred in Mogadishu and remained common outside the capital, particularly in Puntland and Somaliland. Government authorities maintained editorial control over state-funded media and limited the autonomy of private outlets through direct and indirect threats. Threats were often applied through unilateral actions of security and other institutions.

Somaliland authorities continued to fine and arbitrarily arrest journalists for defamation and other alleged crimes, including meeting with colleagues. Prison terms ranged from a few days to several months, and fines could be as high as 573,000 shillings ($1,000). Journalists were intimidated and imprisoned for conducting investigations into corruption or topics deemed sensitive, such as investment agreements regarding the Berbera Port or the conflict between Somaliland and Puntland over the disputed Sool and Sanaag regions.

Puntland authorities in September demanded all journalists register with the information ministry, threatening that those who acted “unprofessionally” could be barred. Police also raided a privately owned radio station for reporting that a detainee had died during interrogation. Police also issued an arrest warrant for the station’s editor.

Violence and Harassment: Between January and December, the National Union of Somali Journalists (NUSOJ) documented 25 cases of arbitrary arrests or prolonged detentions of journalists and other media workers, of which nine occurred in Somaliland and eight occurred in Hirshabelle. Al-Shabaab claimed responsibility for three killings of journalists during the year. During the year the NUSOJ reported 17 instances in which journalists faced physical intimidation, including beatings, bullets being fired, and equipment being confiscated. In a July 2018 case, a soldier in Mogadishu killed a television cameraman; the death allegedly resulted from a personal property dispute. In July the government made public a military court verdict sentencing the soldier in absentia to five years’ imprisonment. The soldier fled and remained a fugitive.

Although security forces often acted with impunity against journalists, in a few cases the government took action against abusers. In March, Somalia’s court of armed forces took two soldiers from the Presidential Guard Brigade into custody after they had been charged with abusing and threatening two journalists. Another member of the Presidential Guard was accused in June of kicking and punching a journalist covering the commemoration of the country’s independence day.

There were several incidents during the year similar to the following one: In March armed police officers raided the office of Universal TV in Mogadishu in the middle of a live broadcast and reportedly began firing inside the building. No injuries were reported, but the minister of internal security vowed to initiate an investigation into the incident.

In July, two journalists were killed in an al-Shabaab attack and overnight siege on a hotel in Kismayo along with 24 other persons. They were the first journalists killed during the year.

In January a Radio Daljir journalist was reportedly accosted during a Puntland Security Force press briefing, following similar reports of targeted harassment in November and December 2018.

According to the Somaliland Journalists Association, local authorities continued to harass and arbitrarily detain journalists systematically. In June, Somaliland authorities shut down two privately owned television stations for two weeks. Authorities lifted the ban after they reached a “mutual understanding” with the stations. Most observers saw this as pressure on the stations to self-censor their content (see also section 1.e., Political Prisoners and Detainees).

Journalists based in the Lower Juba region continued to report that local security authorities harassed them.

Censorship or Content Restrictions: Journalists engaged in rigorous self-censorship to avoid reprisals.

In February a regional court in Somaliland suspended the publication Foore for one year and fined its editor in chief three million Somaliland shillings ($350) after claiming the publication had printed false news and antinational propaganda when it ran an October 2018 article about construction of a new presidential palace.

Al-Shabaab banned journalists from reporting news that undermined Islamic law as interpreted by al-Shabaab and forbade persons in areas under its control from listening to international media outlets.

Libel/Slander Laws: Laws providing criminal penalties for publication of “false news” existed in all three entities. Puntland and Somaliland authorities prosecuted journalists for libel.

National Security: Federal and regional authorities cited national security concerns to suppress criticism and prevent press coverage of opposition political figures.

b. Freedoms of Peaceful Assembly and Association

c. Freedom of Religion

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

d. Freedom of Movement

The law provides that all persons lawfully residing in the country have the right to freedom of movement, to choose their residence, and to leave the country. Freedom of movement, however, was restricted in some areas.

In-country Movement: Checkpoints operated by government forces, allied groups, armed militias, clan factions, and al-Shabaab inhibited movement and exposed citizens to looting, extortion, harassment, and violence. Roadblocks manned by armed actors and attacks on humanitarian personnel severely restricted movement and the delivery of aid in southern and central sectors of the country. In September the government temporarily banned air travel to Kismayo, Jubaland. Some observers complained this suspension was to prevent politicians from attending the inauguration of Jubaland’s president, whose election was disputed.

Al-Shabaab and other nonstate armed actors continued to hinder commercial activities in the areas they controlled in the Bakool, Bay, Gedo, and Hiraan regions and impeded the delivery of humanitarian assistance.

The safety of humanitarian operations remained a key concern due to the volatile and unpredictable security situation. Attacks against humanitarian workers and assets impeded the delivery of aid to vulnerable populations. Through August at least 51 humanitarian personnel were directly affected by security incidents, the majority of which took place in southern and central Somalia.

Somaliland prohibited federal officials, including those of Somaliland origin who purported to represent Hargeisa’s interests in Mogadishu, from entering Somaliland. It also prevented its citizens from traveling to Mogadishu to participate in FGS processes or in cultural activities.

Foreign Travel: Few citizens had the means to obtain passports. In view of widespread passport fraud, many foreign governments did not recognize Somali passports as valid travel documents.

f. Protection of Refugees

The country hosts approximately 35,000 refugees and asylum seekers, primarily from Yemen and Ethiopia, with smaller numbers from other countries, including Syria, Tanzania, and Eritrea. Economic migrants also use the country as a transit corridor en route to the Gulf, Yemen, and Europe that exposed them to exploitation and abuse, primarily by human traffickers.

FGS and Somaliland authorities cooperated with UNHCR and the International Organization for Migration to assist refugees, returning refugees, asylum seekers, stateless persons, and other persons of concern. As of September, UNHCR supported the return of more than 2,800 refugees. Another 7,700 Somalis were registered as having returned spontaneously from Yemen without the support of UNHCR.

There were frequent disruptions in return movements to Somalia due to continuing violence and conflict.

Refoulement: The law provides that every person who seeks refuge in the country has the right not to be returned or taken to any country in which that person has a well-founded fear of persecution. There was no official system, however, for providing such protection to refugees.

Access to Asylum: The law recognizes the right to asylum in accordance with international treaties; however, the FGS had yet to implement a legal framework and system to provide protection to refugees on a consistent basis. Authorities, however, granted prima facie status to Yemenis while most other nationalities underwent individual refugee status determination procedures.

Employment: Employment opportunities were limited for refugees, Somali returnees, and other vulnerable populations. Refugees often engaged in informal manual labor that sometimes exposed them to abuses from members of the host community.

Refugee returnees from Kenya reported limited employment opportunities in the southern and central sections of the country, consistent with high rates of unemployment throughout the country.

Access to Basic Services: The FGS continued to work with the international community to improve access to basic services, employment, and durable solutions for displaced populations, although this remained a challenge primarily due to security, lack of political will, and financial constraints.

Durable Solutions: In November 2018 the FGS established a federal-level Durable Solutions Secretariat to strengthen its response to internal displacement in the country, and it began operations in January. In addition FGS continued to lead the Sub-Working Group on Migration, Displacement and Durable Solutions, under the framework of the National Development Plan.

Section 4. Corruption and Lack of Transparency in Government

The law provides for criminal penalties for corruption by officials, but the government did not implement the law effectively. Government officials reportedly engaged in corrupt practices with impunity. During the year there were numerous reports of government corruption. President Farmaajo was elected on an anticorruption agenda and initially took a few steps to address corruption.

Corruption: Following years of pressure from the international community, in September, President Farmaajo signed the anticorruption bill into law and undertook to work on the formation of an independent ethics and anticorruption commission. Corruption, however, remained an issue. In October the auditor general, for the first time in the country’s history, publicly released 2018 compliance, financial, and special audits of government institutions. The release highlighted failures to comply with auditing legislation, instances of improper revenue collection and management, weaknesses in internal controls, and inconsistent submission of financial reports by federal government ministries. As part of the report, the auditor general noted that $10.7 billion Somali shillings ($18.4 million) in foreign assistance had not been properly accounted for in reports received from government ministries.

The Financial Governance Committee (FGC)–an advisory body with no legal authority but responsible for reviewing all government contracts for more than 2.8 billion Somalia shillings (five million dollars)–consisted of FGS members from the Ministry of Finance, Central Bank, Office of the President, and Office of the Prime Minister, as well as the chair of the parliamentary finance committee and state attorney general. Four delegates were funded by international financial institutions. The FGC’s 2019 report noted tangible financial governance progress in the security sector, domestic revenue, contract renegotiation, and the development of a core public financial management framework. The FGC also applauded the passage of a Public Financial Management law. At the same time, the FGC highlighted the need for more transparent management of the petroleum licensing process and a clear process for sharing natural resource revenue in order to avoid corrupt practices.

The UN Panel of Experts on Somalia continued to report on the export of charcoal in violation of a UN Security Council ban, although it noted that no significant shipments had taken place in 2019. Charcoal production and export continued in areas controlled by al-Shabaab, the Jubaland administration, and Kenyan AMISOM forces; most of the illegal export was from Kismayo, according to the UN Monitoring Group on Somalia and Eritrea.

Somaliland had a national auditor and a presidentially appointed governance and anticorruption commission, but they did not prosecute any Somaliland officials for corruption.

The UN panel reported on the substantial increase in “taxation” by Al-Shabaab, which extorted high and unpredictable zakat (a Muslim obligation to donate to charity) and sadaqa (a voluntary charity contribution paid by Muslims) taxes in the regions it controlled. In particular the panel noted increased al-Shabaab extortion from the port and airport of Mogadishu. Al-Shabaab also diverted and stole humanitarian food aid.

Financial Disclosure: The law does not require income and asset disclosure by appointed or elected officials. In 2017 Prime Minister Hassan Ali Khayre asked cabinet officials to declare their assets, but the government provided no details on the submission requirements or verification mechanisms, and no officials have voluntarily declared their assets.

Section 6. Discrimination, Societal Abuses, and Trafficking in Persons

South Africa

Section 2. Respect for Civil Liberties, Including:

a. Freedom of Expression, Including for the Press

The constitution and law provide for freedom of expression, including for members of the press, and the government generally respected this right. An independent press, a generally effective judiciary, and a functioning democratic political system combined to promote freedom of expression, including for the press. Nevertheless, several apartheid-era laws and the Law on Antiterrorism permit authorities to restrict reporting on security forces, prisons, and mental institutions.

In August the Equality Court ruled that the gratuitous display of the apartheid-era national flag constituted hate speech. The Nelson Mandela Foundation argued the flag was a symbol of white supremacy. The Afrikaner-rights organization AfriForum argued that the use of the flag should not be considered hate speech, because “a flag is not a word,” but even if it were considered speech, it should be protected under the constitution’s freedom of speech provisions.

Violence and Harassment: Unlike in previous years, there were no reports journalists were subjected to violence, harassment, or intimidation due to their reporting.

Censorship or Content Restrictions: Government and political officials often criticized media for lack of professionalism and reacted sharply to media criticism, frequently accusing black journalists of disloyalty and white journalists of racism. Some journalists believed the government’s sensitivity to criticism resulted in increased media self-censorship.

b. Freedoms of Peaceful Assembly and Association

The constitution and law provide for freedom of assembly and association, and the government generally respected these rights. Nevertheless, NGOs reported many municipalities continued to require protest organizers to provide advance written notice before staging gatherings or demonstrations.

c. Freedom of Religion

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.

f. Protection of Refugees

Abuse of Migrants, Refugees, and Stateless Persons: Refugee advocacy organizations stated police and immigration officials physically abused refugees and asylum seekers. Xenophobic violence was a continuing problem across the country, especially in Gauteng Province. In August and September, a spate of looting and violence in Johannesburg and Pretoria targeted foreign nationals, principally Nigerians and refugees from Somalia, Ethiopia, and the Democratic Republic of the Congo. Those targeted often owned or managed small, informal grocery stores in economically marginalized areas that lacked government services. Police stated four individuals died and at least 27 suspects were arrested and charged with offenses ranging from disorderly conduct to illegal possession of firearms and homicide. By year’s end no trial dates had been set.

On social media immigrants were often blamed for increased crime and the loss of jobs and housing. The NGO Xenowatch reported 569 incidents of xenophobic violence occurred from January to August. According to researchers from the African Center for Migration and Society, perpetrators of crimes against foreign nationals were rarely prosecuted.

The government cooperated with UNHCR and other humanitarian organizations in providing protection and assistance to refugees, asylum seekers, stateless persons, and other persons of concern. Nevertheless, refugee advocacy groups criticized the government’s processes for determining asylum and refugee status, citing large case backlogs, low approval rates, inadequate use of country-of-origin information, limited locations at which to request status, and corruption and abuse. Despite DHA anticorruption programs that punished officials found to be accepting bribes, NGOs and asylum applicants reported immigration officials sought bribes from refugees seeking permits to remain in the country.

Access to Asylum: The law provides for the granting of asylum and refugee status, and the government has an established system for providing protection to refugees. According to local migrants’ rights organizations, the DHA rejected most refugee applications. According to civil society groups, the system lacked procedural safeguards for seeking protection and review for unaccompanied minors, trafficked victims, and victims of domestic violence. Government services strained to keep up with the caseload, and NGOs criticized the government’s implementation of the system as inadequate.

The DHA operated only four processing centers for asylum applications but refused to transfer cases among facilities. The DHA thus required asylum seekers to return to the office at which they were originally registered to renew asylum documents, which NGOs argued posed an undue hardship on those seeking asylum. NGOs reported asylum seekers sometimes waited in line for days to access the reception centers.

Employment: According to NGOs, refugees and asylum seekers were regularly denied employment due to their immigration status.

Access to Basic Services: Although the law provides for asylum seekers, migrants, and refugees to have access to basic services, including educational, police, and judicial services, NGOs stated health-care facilities and law enforcement personnel discriminated against them. Some refugees reported they could not access schooling for their children. They reported schools often refused to accept asylum documents as proof of residency. NGOs reported banks regularly denied services to refugees and asylum seekers because they lacked government-issued identification documents.

Durable Solutions: The government accepted some refugees for resettlement and, in collaboration with the International Organization for Migration, assisted some individuals in returning voluntarily to their countries of origin. In late 2018 the Supreme Court of Appeal extended citizenship to children born to foreign national parents who arrived in South Africa on or after January 1, 1995.

Temporary Protection: The government offered temporary protection to some individuals who may not qualify as refugees. The government allowed persons who applied for asylum to stay in the country while their claims were adjudicated and if denied, to appeal.

Section 4. Corruption and Lack of Transparency in Government

The law provides for criminal penalties for conviction of official corruption, and the government continued efforts to curb corruption, but officials sometimes engaged in corrupt practices with impunity.

At least 10 agencies, including the SAPS Special Investigation Unit, Public Service Commission, Office of the Public Prosecutor, and Office of the Auditor General, were involved in anticorruption activities. During the year the Office of the Public Protector, a constitutionally mandated body designed to investigate government abuse and mismanagement, investigated thousands of cases, some of which involved high-level officials.

According to the National Prosecuting Authority (NPA) 2018-2019 Annual Report, from April 2018 through March, the NPA recovered 172,000 rand ($11,900) against a target of 2.5 million rand ($173,000) from government officials involved in corruption, a 92 percent decrease from the prior 12 months. Courts convicted 210 government officials of corruption during the period.

Corruption: Official corruption remained a problem in prisons. After substantive and widespread bribery allegations surfaced against the firm African Global Operations (formerly the Bosasa group), the Department of Corrective Services canceled multiple contracts it had with it, including a prison catering contract worth more than 200 million rand ($13.9 million). The DHA also canceled its contract with Bosasa to manage its migrant repatriation center.

Financial Disclosure: Public officials, including members of national and provincial legislatures, all cabinet members, deputy ministers, provincial premiers, and members of provincial executive councils, are subject to financial disclosure laws and regulations, but some failed to comply, and departments filed the majority of their reports late. The declaration regime clearly identifies the assets, liabilities, and interests that public officials must declare. Government officials are required to declare publicly their financial interests when they enter office, and there are administrative and criminal sanctions for noncompliance, but no defined unit is mandated to monitor and verify disclosures of government officials. The government made public declarations by government officials but not those of their spouses or children. Public-service regulations prohibit employees of departments from doing business with the state, a prohibition not always respected. Annual disclosure of financial interests may be submitted electronically through the eDisclosure system to simplify the process of disclosure of financial interests.

Section 6. Discrimination, Societal Abuses, and Trafficking in Persons

South Sudan

Section 2. Respect for Civil Liberties, Including:

a. Freedom of Expression, Including for the Press

The transitional constitution provides for freedom of expression, including for the press. The government and its agents frequently violated these rights in the name of national security, however, and the downward trend in respect for these freedoms since 2011 continued.

Freedom of Expression: Civil society organizations must register with the government under the 2013 NGO Act (and the subsequent 2016 Act). The government regularly attempted to impede criticism by monitoring, intimidating, harassing, arresting, or detaining members of civil society who publicly criticized the government.

Press and Media, Including Online Media: The government maintained strict control of media, both print and electronic. The government suppressed dissenting voices, forcing some civil society organizations and media houses to shut down or flee the country. Government officials or individuals close to the government regularly interfered in the publication of articles and broadcasting of programs, and high-level government officials stated press freedom should not extend to criticism of the government or soliciting views of opposition leaders.

Most organizations practiced self-censorship to ensure their safety, and authorities regularly censored newspapers, directly reprimanded publishers, and removed articles deemed critical of the government. Many print media outlets reported NSS officers forcing the removal of articles at the printing company (where all newspapers are printed), often leaving a blank spot where the article was originally meant to appear. For example, on January 24, the NSS removed an article about the new governor of Tonj State from the Dawn. On April 8, the NSS removed an opinion article in the Arabic daily newspaper al-Mougif written by a former government minister; there were a number of other similar cases of censorship during the year.

Since the outbreak of conflict in 2013, the government tried to dictate media coverage of the conflict and threatened those who tried to publish or broadcast views of the opposition. The Media Authority advised international journalists not to describe conflict in the country in tribal terms and described any such references as “hate speech.” The NSS regularly harassed, intimidated, and summoned journalists for questioning. The environment for media workers remained precarious throughout the year.

In March 2018 the media regulatory body, the Media Authority, announced its intention to shut down Miraya FM, run by UNMISS, for “persistent noncompliance.” The Media Authority stated it was not censoring the station, but rather monitoring for “hate speech and incitement.” Because Miraya FM’s transmitter is located within a UN compound, the government was unable to take it off the air, although the government continued to jam Miraya’s frequency to disrupt its broadcasts during the year. The jamming affected areas within a mile of the country’s national public service broadcaster, the South Sudan Broadcasting Corporation, compound in Nyakuron. Miraya FM reporters were occasionally harassed when attempting to cover events outside of the UN compound and were not invited to government-sponsored media events.

Violence and Harassment: Security forces commonly intimidated or detained journalists whose reporting they perceived as unfavorable to the military or government. Security forces confiscated or damaged journalists’ equipment and restricted their movements. During the year journalists were interrogated, harassed, detained, and imprisoned. NSS representatives frequently harassed journalists by detaining them at NSS headquarters or local police stations without formal charges. Government harassment was so pronounced that several journalists chose to flee the country. Journalists and media agencies that reported on news of the opposition could expect questioning and possibly closure. Journalists in Juba experienced threats and intimidation and routinely practiced self-censorship. On several occasions, high-level officials publicly used intimidating language directed toward media outlets and representatives.

There were multiple reports of abuses similar to the following example: In January the Arabic language al-Watan newspaper published a series of editorials by its editor in chief Michael Rial Christopher describing the al Bashir regime in Sudan as a dictatorship and predicting its downfall. Subsequently, Christopher began to experience a pattern of anonymous harassment and government restrictions. Christopher and many other journalists were warned not to report on the situation in Sudan. A series of threatening anonymous telephone calls forced Christopher into hiding, and he left the country for Egypt. Christopher returned to South Sudan and resumed his life, although his newspaper was suspended, ostensibly for bureaucratic reasons. On July 15, as he was departing Juba for medical treatment, NSS officials at the Juba airport boarded his plane and detained Christopher, confiscated his passport, and ordered him to report to NSS headquarters (colloquially known as the “Blue House”) the next day for questioning. On July 17, he reported to the Blue House again and was detained for 39 days without charges before being released. During his detention he did not have access to a lawyer, his family, or the medical treatment that prompted his attempt to travel from Juba.

There continued to be no credible investigation into the killing of freelance journalist Christopher Allen in 2017.

b. Freedoms of Peaceful Assembly and Association

The government generally respected freedom of peaceful assembly but restricted freedom of association.

c. Freedom of Religion

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

d. Freedom of Movement

The transitional constitution provides for freedom of internal movement, foreign travel, and repatriation. The government, however, often restricted these rights and routinely blocked travel of political figures within the country and outside the country. Despite multiple pledges from the government to dismantle checkpoints, they remained a common problem. Security forces manning these checkpoints routinely used them as opportunities to charge illegal fees and discriminate against minorities.

The transitional constitution does not address emigration.

In-country Movement: IDPs remained in UNMISS PoC sites due to fear of retaliatory or ethnically targeted violence by armed groups, both government- and opposition-affiliated. The government often obstructed humanitarian organizations seeking to provide protection and assistance to IDPs and refugees. Continuing conflict between government and opposition forces restricted the movement of UN personnel and the delivery of humanitarian aid (see section 1.g.).

Foreign Travel: Due to arbitrary restrictions, individuals were sometimes prevented from leaving the country.

f. Protection of Refugees

Abuse of Migrants, Refugees, and Stateless Persons: Refugees sometimes suffered abuse, such as armed attacks, killings, gender-based violence, forced recruitment, including of children, and forced labor, according to the UN High Commissioner for Refugees (UNHCR).

Access to Asylum: The South Sudan Refugee Act provides for protection of refugees as well as the granting of asylum and refugee status. The government allowed refugees from a variety of countries to settle and generally did not treat refugees differently from other foreigners.

Access to Basic Services: While refugees sometimes lacked basic services, this generally reflected a lack of capacity in the country to manage refugee problems rather than government practices that discriminated against refugees. Refugee children had access to elementary education in refugee camps through programs managed by international NGOs and the United Nations. Some schools were shared with children from the host community. In principle refugees had access to judiciary services, although a lack of infrastructure and staff meant these resources were often unavailable.

Due to continuing conflict and scarcity of resources, tension existed between refugees and host communities in some areas over access to resources.

Durable Solutions: The government accepted refugees and returnees for reintegration, and efforts to develop a framework for their integration or reintegration into local communities were in progress. No national procedures were in place to facilitate the provision of identity documents for returnees or the naturalization of refugees beyond procedures that were in place for all citizens and other applicants.

Section 4. Corruption and Lack of Transparency in Government

The transitional constitution provides for criminal penalties for acts of corruption by officials. The government did not implement the law, however, and officials engaged in corrupt practices with impunity.

Corruption: Corruption was endemic in all branches of government. Poor recordkeeping, lax accounting procedures, absence of adherence to procurement laws, a lack of accountability, and the pending status of corrective legislation compounded the problem.

The transitional constitution assigns responsibility for investigating and prosecuting corruption to the South Sudan Anticorruption Commission (SSACC). The commission has no authority to prosecute because the constitution did not repeal or amend previous laws vesting prosecutorial powers in the Ministry of Justice. The criminal code does not define corruption. A draft law to correct these issues has been pending since 2013.

The National Audit Chambers Act of 2011 established a National Audit Chamber (NAC) to be led by an auditor general to conduct independent audits of government ministries, state governments, and other entities. The NAC did not have authority to prosecute cases, nor is it permitted to publish findings without approval from the executive branch. The institution has not published any findings since early 2013.

Chapter IV of both the 2015 peace agreement and the 2018 revitalized peace agreement calls for the government to be transparent and accountable and for political leaders to fight against corruption. Chapter IV also calls for the establishment of an oversight mechanism to control revenue collection, budgeting, revenue allocation, and expenditures. The agreement mandates that both the SSACC and NAC be better protected from political interference.

The Ministry of Finance took steps to follow an International Monetary Fund recommendation to create a National Revenue Authority in 2018. Oil revenue, however, which accounted for the majority of the national income, was not collected by this entity. Oil revenue was officially reported as net income only to the government, often concealing corruption, waste, and abuse within the government entities that handled those funds. In August the Minister of Finance dismissed the commissioner general of the National Revenue Authority.

Several investigations by international NGOs detailed the lavish lifestyles enjoyed by high-ranking government officials, even as the country suffered from armed conflict and economic turmoil. In September the Sentry released a report entitled, The Taking of South Sudan, which documented the wide-ranging nature of corrupt practices in South Sudan.

Financial Disclosure: Government officials of director general rank and higher and their spouses and minor children are required to submit financial declaration forms annually, although there is no penalty for failure to comply.

Section 6. Discrimination, Societal Abuses, and Trafficking in Persons

Sudan

Section 2. Respect for Civil Liberties, Including:

a. Freedom of Expression, Including for the Press

The Interim National Constitution provided for freedom of expression, including freedom for the press “as regulated by law,” but the former Bashir regime heavily restricted this right. The 2019 constitutional declaration provides for the unrestricted right of freedom of expression and for freedom of the press as regulated by law, and the CLTG reportedly respected these rights.

Freedom of Expression: Individuals who criticized the Bashir regime publicly or privately were subject to reprisal, including arbitrary arrest. The Bashir regime attempted to impede such criticism and monitored political meetings and the press. There were no reports of this occurring under the CLTG.

According to the Sudanese Journalists Network, between late December 2018 and mid-March, the Bashir regime arrested 90 journalists. All journalists have been released.

The former regime also curtailed public religious discussion if proselytization was suspected and monitored religious sermons and teachings (see the Department of State’s International Religious Freedom Report at https://www.state.gov/religiousfreedomreport/).

Press and Media, Including Online Media: The Interim National Constitution provided for freedom of the press, but Bashir regime authorities prevented media from reporting on issues they deemed sensitive. From January through April, the Bashir regime restricted coverage of the protests, resulting in the arrest of numerous journalists and near-daily confiscations of entire newspaper print runs. NISS declared news of the protests a “red line” topic and increased precensoring of newspapers to prevent publication of newspapers reporting on the protests. Journalists responded by staging peaceful demonstrations, and several newspapers ceased operations in protest against the escalating censorship. The former regime attempted to control reporting by staging pro-Bashir demonstrations and planting bogus news stories that blamed civil unrest on Darfuri rebels.

The former regime influenced radio and television reporting through the permit process as well as by offering or withholding regime payments for advertisements, based on how closely affiliated media outlets were with the regime.

The former regime controlled media through the National Council for Press and Publications, which administered mandatory professional examinations for journalists and oversaw the selection of editors. The council had authority to ban journalists temporarily or indefinitely. The registration of journalists was handled primarily by the Sudanese Journalists Network, which estimated there were 7,000 registered journalists in the country, although fewer than 200 of them were believed to be actively employed as journalists. The remainder were members of the former regime and security forces working on media issues who received automatic licenses.

The former regime arbitrarily arrested journalists, detaining them and holding them incommunicado, sometimes for weeks.

The CLTG reportedly respected press and media freedoms.

Violence and Harassment: The Bashir regime arrested, harassed, intimidated, and abused journalists and vocal critics of the regime. NISS required journalists to provide personal information, such as details on their ethnic group, political affiliation, and family. On March 2, NISS officers stormed the office of the Qatari and international news channel al-Jazeera in Khartoum and arrested correspondents Tahir El Mardi, Ismail Adam, Majdi Sadig, Ahmed Yassin, and Ahmad El Baseily. NISS subjected them to verbal and physical abuse before releasing them the next day. There were no reports of the CLTG using these tactics.

Censorship or Content Restrictions: The former regime practiced direct prepublication and prebroadcast censorship of all forms of media. Confiscations of print runs was the censorship method most frequently used by NISS. This was an incentive to self-censorship. There were no reports of government censorship or print confiscations under the CLTG.

Former regime authorities used the Press and Publications Court, which specialized in media issues and “newspaper irregularities” and established under the Press and Publications Act, to prosecute “information crimes.”

Following the protests that began in December 2018 and continued throughout the first few months of the year, media censorship under the Bashir regime tightened, resulting in the arrests of several journalists and near-daily confiscations of entire newspaper print runs. NISS declared news on the protests a “red line” topic and then precensored newspapers to stop the publication of news on the protests. For example, on January 2, NISS forced editors of al-Tayar newspaper to remove columnist Shamaiel Alnour’s articles from the newspaper and remove her name and photo from all locations on the newspaper’s website due to her critical reports on the Bashir regime. NISS refused to allow the newspaper to refer to the column as “banned.”

Libel/Slander Laws: The law holds editors in chief potentially criminally liable for all content published in their newspapers.

National Security: Under the Bashir regime, the law allowed for restrictions on the press in the interests of national security and public order. It contained loosely defined provisions for bans on encouraging ethnic and religious disturbances and incitement of violence. The criminal code, National Security Act, and emergency laws were regularly used to bring charges against the press. Human rights activists called the law a “punishment” for journalists.

Under the Bashir regime, NISS initiated legal action against journalists for stories critical of the former regime and security services.

Actions to Expand Freedom of Expression, including for the Media: The 2019 constitutional declaration provides for freedom of expression and the media, and the CLTG took measures to respect these rights.

At the UN General Assembly on September 25, Prime Minister Hamdok underscored, “Never again in the new Sudan will a journalist be repressed or jailed.” He also declared, “A free press is an important pillar in promoting democracy, good governance, and human rights.”

The CLTG extended entry to foreign journalists, including the return of al-Jazeera, which had been banned earlier in the year. Foreign journalists from al-Jazeera, BBC News, and Monte Carlo have returned to the country.

b. Freedoms of Peaceful Assembly and Association

The law provides for the freedoms of peaceful assembly and association, but the Bashir regime and the TMC restricted these rights. These rights, however, were generally respected by the CLTG.

c. Freedom of Religion

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

d. Freedom of Movement

The Interim National Constitution and law provide for freedom of movement, foreign travel, and emigration, but the Bashir government restricted these rights for foreigners, including humanitarian workers. After the lifting of certain foreign economic sanctions in 2017, the government slightly eased restrictions for humanitarian workers and invited previously banned humanitarian groups back into the country, although the new measures were implemented unevenly in the field. In December the International Rescue Committee, banned in 2009, opened an office in Khartoum.

The former regime impeded the work of UN agencies and delayed full approval of their activities throughout the country, particularly in the Two Areas; however, there were fewer such restrictions than in prior years. NGOs also alleged the Bashir government impeded humanitarian assistance in the Two Areas. The SPLM-N also restricted access for humanitarian assistance in the Two Areas due to concerns over the security of commodities crossing from government-held areas into SPLM-N-controlled areas.

In-country Movement: The Bashir regime and rebels restricted the movement of citizens in conflict areas (see section 1.g.).

Under the Bashir regime, internal movement was generally unhindered for citizens outside conflict areas. Foreigners needed travel permits for domestic travel outside Khartoum, which were bureaucratically difficult to obtain. Foreigners were required to register with the Ministry of Interior’s Alien Control Division within three days of arrival and were limited to a 15.5-mile radius from Khartoum. Once registered, foreigners were allowed to move beyond this radius, but travel outside of Khartoum State to conflict regions required official approval. The CLTG eased these requirements, especially for travel to tourist sites.

Foreign Travel: The Bashir government required citizens to obtain an exit visa to depart the country. Issuance was usually without complication, but the Bashir government continued to use the visa requirement to restrict some citizens’ travel, especially of persons it deemed a political or security interest. A number of opposition leaders were denied boarding for flights out of the country, and in some cases their passports were confiscated.

Exile: The Bashir government observed the law prohibiting forced exile, but under the Bashir regime political opponents abroad risked arrest upon return. Under the Bashir government, some opposition leaders and NGO activists remained in self-imposed exile in northern Africa and Europe. Other activists fled the country after security forces disbanded sit-ins in June, but the majority of these activists returned after the CLTG took power. After the removal of the former president, the TMC forcibly deported leaders of armed movements to South Sudan. During and following the revolution, however, several prominent opposition members returned to Sudan to participate in the formation of the new government. Some members of the armed movements remained in exile, and some expressed concern about their civic and political rights even with the 2015 general amnesty for those taking part in the national dialogue.

f. Protection of Refugees

The Office of the UN High Commissioner for Refugees (UNHCR) reported 1,056,536 refugees and asylum seekers in the country, the majority of whom were South Sudanese. The South Sudanese and Syrian refugee and asylum seeker populations did not regularly present themselves to the government’s Commission for Refugees or to UNHCR for registration. UNHCR reported there were countless South Sudanese in the country who were unregistered and at risk of statelessness.

Approximately 3,091 refugees from Chad and 13,747 from the Central African Republic lived in Darfur. New Eritrean refugees entering eastern Sudan often stayed in camps for two to three months before moving to Khartoum, other parts of the country, or on to Libya in an effort to reach Europe. In eastern Sudan, UNHCR estimated there were 7,300 new arrivals, mostly from Eritrea, as of October. There was a 50 percent rate of onward movement from the eastern refugee camps. The Bashir government eased international humanitarian NGOs’ access to eastern Sudan, as it did throughout the country, and the CLTG lifted restrictions further.

In 2018 UNHCR and the government amended the official South Sudanese refugee statistics to include South Sudanese living in Sudan before December 2013. UNHCR estimated that 859,000 South Sudanese refugees were in Sudan. The government claimed there were between two and three million South Sudanese refugees in Sudan. It remained unclear how the government was categorizing who was South Sudanese and who was Sudanese. Many South Sudanese refugees arrived in remote areas with minimal public infrastructure and where humanitarian organizations and resources were limited.

As of October UNHCR Khartoum hosted an estimated 284,000 South Sudanese refugees, including 60,000 refugees who lived in nine settlements known as “open areas.” South Sudanese refugees in the open areas made up approximately 20 percent of the overall South Sudanese refugee population and were considered among the most vulnerable refugee communities. A 2017 joint government and UN assessment of the open areas indicated gaps in protection, livelihood, shelter, health, and education services.

Sudan’s and South Sudan’s “four freedoms” agreement provides their citizens reciprocal freedom of residence, movement, economic activity, and property ownership, but it was not fully implemented. The Bashir government stated that, because South Sudanese are recognized as refugees (since 2016), their rights were governed by the Asylum Act, justifying a lack of implementation of the four freedoms. Implementation also varied by state in each country. For example, South Sudanese in East Darfur had more flexibility to move around (so long as they were far away from the nearest village) than did those in White Nile State. Recognition as refugees allowed South Sudanese to receive more services from UNHCR. At the state level, however, governments still referred to them as “brothers and sisters.”

Abuse of Migrants, Refugees, and Stateless Persons: Asylum seekers and refugees were vulnerable to arbitrary arrest and harassment outside of camps because they did not possess identification cards while awaiting government determination of refugee or asylum status. According to authorities, registration of refugees helped provide for their personal security.

There were some reported abuses, including gender-based violence, in refugee camps. Throughout the year, the government worked closely with UNHCR to provide greater protection to refugees.

Refugees often relied on human trafficking and smuggling networks to leave camps. Smugglers turned traffickers routinely abused refugees if ransoms were not paid. In June South Sudanese refugees living in open areas in Khartoum and in refugee camps in White Nile State were attacked by the host communities. Fear of violence prompted some of the South Sudanese refugee population in Khartoum and White Nile to return to South Sudan. South Sudanese refugee returnees faced arrest, extortion, and theft along the route through Sudan to South Sudan.

See the Department of State’s Trafficking in Persons Report at https://www.state.gov/trafficking-in-persons-report. “www.state.gov/j/tip/rls/tiprpt” www.state.gov/j/tip/rls/tiprpt

Refoulement: The country generally respected the principle of nonrefoulement with a few notable exceptions. With UNHCR’s assistance, authorities were trained on referral procedures to prevent refoulement, including of refugees who previously registered in other countries. There were no reported cases of refoulement during the year; however, individuals who were deported as illegal migrants may have had legitimate claims to asylum or refugee status.

Access to Asylum: The law requires asylum applications to be nominally submitted within 30 days of arrival in the country. This time stipulation was not strictly enforced. The law also requires asylum seekers to register both as refugees with the Commission for Refugees and as foreigners with the Civil Registry (to obtain a “foreign” number).

Throughout the year, the government granted asylum to many asylum seekers, particularly from Eritrea, Ethiopia, Somalia, and Syria; it sometimes considered individuals registered as asylum seekers or refugees in another country, mostly in Ethiopia, to be irregular movers or migrants. Government officials routinely took up to three months to approve individual refugee and asylum status, but they worked with UNHCR to implement quicker status determination procedures in eastern Sudan and Darfur to reduce the case backlog.

Since the beginning of the Syrian conflict in 2011, more than 93,000 Syrians have registered with UNHCR. Throughout the year, government sources, however, claimed there were far more Syrians in the country than were registered with UNHCR and the Commission for Refugees. The government waived regular entry visa requirements for Yemenis throughout the year. As of October more than 1,600 Yemeni refugees had registered in the country.

Freedom of Movement: The country maintained a reservation on Article 26 of the UN Convention on Refugees of 1951 regarding refugees’ right to move freely and choose their place of residence within a country. The government’s encampment policy throughout the year requires asylum seekers and refugees to stay in designated camps; however, 76 percent of South Sudanese refugees (the great majority of refugees in the country) lived with the local community in urban and rural areas. Throughout the year the government continued to push for the relocation of South Sudanese refugees living outside Khartoum city to the White Nile state refugee camps. UNHCR notified the government relocations must be voluntary and dignified. By year’s end the CLTG had yet to relocate South Sudanese refugees to camps. The government allowed the establishment of two refugee camps in East Darfur and nine refugee camps in White Nile for South Sudanese refugees.

Refugees who left camps without permission and were intercepted by authorities faced administrative fines and return to the camp. Refugees and asylum seekers in urban areas were also subject to arrest and detention. UNHCR worked with legal partners to visit the immigration detention centers and to provide persons of concern with legal assistance, such as release from detention centers and help navigating court procedures. UNHCR assisted 1,907 persons of concern in 2018; as of June it had assisted 370 persons of concern during the year. On average, 150 to 200 refugees and asylum seekers were detained in Khartoum each month and assisted with legal aid by the joint UNHCR and Commission for Refugees legal team.

Employment: Throughout the year, the government in principle allowed refugees to work informally, but rarely granted work permits (even to refugees who obtained degrees in the country). A UNHCR agreement with the Commission for Refugees to issue more than 1,000 work permits to selected refugees for a livelihood graduation program was being implemented in Kassala and Gedaref. The commission issued 35 work permits in 2018 and 188 work permits in 2017. To get a work permit, NISS required refugees to apply for a “foreigner number,” but most refugees did not have a “foreigner number”–which is why the number of issued work permits was low. Some refugees in eastern states found informal work as agricultural workers or laborers in towns. Some women in camps reportedly resorted to illegal production of alcohol and were harassed or arrested by police. In urban centers the majority of refugees worked in the informal sector (for example, as tea sellers, house cleaners, and drivers), leaving them at heightened risk of arrest, exploitation, and abuse.

Temporary Protection: The government claimed to register asylum seekers as soon as it could and, if the first point of entry was in East Sudan, then registration normally would take place in 72 hours. Asylum seekers underwent a security check by NISS (later GIS) that could take one to two months. The Commission for Refugees proceeded with a refugee status determination assessment, which took an estimated 14 days. Asylum seekers are given full protection during this time.

Section 4. Corruption and Lack of Transparency in Government

The law provides criminal penalties for corruption by officials; nevertheless, government corruption at all levels was widespread. The Bashir government made a few efforts to enforce legislation aimed at preventing and prosecuting corruption.

Corruption: According to the World Bank’s most recent Worldwide Governance Indicators, corruption was a severe problem. The law provides the legislative framework for addressing official corruption, but implementation under the Bashir regime was weak, and many punishments were lenient. Officials found guilty of corrupt acts could often avoid jail time if they returned ill-gotten funds. Under the Bashir regime, journalists who reported on government corruption were sometimes intimidated, detained, and interrogated by security services.

A special anticorruption attorney investigated and prosecuted corruption cases involving officials, their spouses, and their children. Punishments for embezzlement include imprisonment or execution for public service workers, although these sanctions were almost never carried out. All bank employees were considered public-service workers.

Under the Bashir regime, media reporting on corruption was considered a “red line” set by NISS and a topic authorities for the most part prohibited newspapers from covering (see section 2.a.). While reporting on corruption was no longer a red line under the CLTG, media continued to practice self-censorship on issues related to corruption.

In August former president Bashir was formally indicted on charges of corruption and illegal possession of foreign currency. Bashir’s trial began in August; in December he was convicted and sentenced to two years’ imprisonment on these charges. Other more serious charges were pending at year’s end.

Financial Disclosure: Under the Bashir regime, the law required high-ranking officials to disclose publicly income and assets. There were no clear sanctions for noncompliance, although the Anticorruption Commission possessed discretionary powers to punish violators. The Financial Disclosure and Inspection Committee and the Unlawful and Suspicious Enrichment Administration at the Justice Ministry both monitored compliance. Despite three different bodies ostensibly charged with monitoring financial disclosure regulations, there was no effective enforcement or prosecution of offenders.

The 2019 constitutional declaration includes financial disclosure and prohibition of commercial activity provisions for members of the Sovereign Council and Council of Ministers, state and regional governors, and members of the Transitional Legislative Council. It also mandates an Anticorruption and Restoration of Stolen Wealth Commission.

Section 6. Discrimination, Societal Abuses, and Trafficking in Persons

Tanzania

Section 2. Respect for Civil Liberties, Including:

a. Freedom of Expression, Including for the Press

The constitution provides for freedom of speech but does not explicitly provide for freedom of the press. There were criminal penalties for libel.

Freedom of Expression: Public criticism of the government resulted in punitive action in some cases. Authorities used the Cybercrimes Act to bring criminal charges against individuals who criticized the government on a variety of electronic media. In March 2018 the Electronic and Postal Communications (Online Content) Regulations became law, requiring the TCRA to certify all bloggers and operators of online forums through a licensing process.

On July 19, three students from Kampala International University in Tanzania were sentenced on counts of distributing pictures through WhatsApp groups showing President Magufuli wearing a hijab. The students were sentenced to four years in prison.

Press and Media, Including Online Media: Independent media on the mainland were active and generally expressed varying views, although media outlets often practiced self-censorship to avoid conflict with the government.

Registering or licensing new media outlets, both print and broadcast, continued to be difficult. Newspaper registration was at the discretion of the registrar of newspapers at the information ministry on both the mainland and Zanzibar. Acquiring a broadcasting license from the TCRA took an estimated six months to one year, and the TCRA restricted the area of broadcast coverage. The TCRA imposes mandatory registration and annual fees for commercial and community radio stations. The fee structure disproportionately disadvantages the existence and creation of small community radio stations.

On February 27, the government suspended publication of the Citizen newspaper and website for seven days, following the publication of a story titled “Closely Monitor Falling of Shilling, Experts Caution.” The director of information services alleged that the Citizen published false and misleading information about the devaluation of the country’s currency.

On August 22, Joseph Gandye, an investigative journalist for Watetezi television was arrested for “spreading fake news” after his story on police brutality in Iringa aired. On August 24, he was released on bail.

In 2017 the TCRA clarified a requirement that all broadcast stations receive approval from the Tanzania Film Board for locally produced content, including music videos, films, cartoons, and other video content. In June the government passed an amendment to the Films and Stage Plays Act (Amendment 3), providing the Tanzania Film Board the authority to regulate, monitor and determine if foreign and local motion pictures, television, radio and stage plays and performances are approved for exhibition.

The Zanzibari government-owned daily newspaper, Zanzibar Leo, had an estimated circulation of 25,000. There was one privately owned weekly newspaper with a much smaller circulation. The government of Zanzibar controlled content on the radio and television stations it owned. There were government restrictions on broadcasting in tribal languages, and broadcasts in Kiswahili or English were officially preferred. The nine private radio stations on Zanzibar operated independently, often reading the content of national dailies, including articles critical of the Zanzibari government.

Lack of access to information from government sources continued despite changes to the Statistics Act.

Violence and Harassment: Law enforcement authorities attacked, harassed, and intimidated journalists during the year. Journalists and media outlets have also begun to self-censor to avoid government retribution. Investigative journalist Erick Kabendera’s July 29 arrest was marked by irregularities, including denial of access to a lawyer in the early stages of his detention.

On September 27, the TCRA fined three online television channels–Kwanza Television, Millard Ayo Television, and Watetezi Television–five million TZS ($2,200 each and suspended Kwanza Television for six months. All three channels have been described as being critical of President Magufuli.

Censorship or Content Restrictions: The law authorizes police to raid and seize materials from newspaper offices and authorizes the minister of information to “prohibit or otherwise sanction the publication of any content that jeopardizes national security or public safety.”

According to Reporters without Borders, since President Magufuli came to office in 2015, the laws regulating media have been tightened, and there have been cases of newspapers and radio stations being suspended for “incitement.”

A September 3 Time Magazine article on the world’s most urgent cases threatening press freedom cited Erick Kabendera and Azory Gwanda among their examples.

A permit was required for reporting on police or prison activities, both on the mainland and in Zanzibar, and journalists needed special permission to cover meetings of the National Assembly or attend meetings in the Zanzibar House of Representatives. Anyone publishing information accusing a Zanzibari representative of involvement in illegal activities was liable to a fine of not less than TZS 250,000 ($110), three years’ imprisonment, or both. The government may fine and suspend newspapers without warning.

There were examples of the government repressing information, extending to online newspapers and journals. In June parliament passed amendments to the 2015 Statistics Act that lifted some restrictions on publishing statistical information. It now allows individuals and organizations to conduct surveys and collect research data; however, Amnesty International stated that under these amendments, authorities still maintain control over who is able to gather and publish information, as well as to determine what is factual. While the World Bank stated the amended Statistics Act is in line with international norms, many observers continued to self-censor because of possible personal and professional repercussions, including the government’s ability to use media services and cybercrime acts against individuals who publish or share data that does not align with the government’s messaging.

In March the EACJ ruled in favor of CSOs who challenged the country’s Media Services Act of 2016. Three NGOs, the Media Council of Tanzania, the Legal and Human Rights Center (LHRC) and the Tanzania Human Rights Defenders Coalition (THRDC) filed the case in 2017. The court found that sections on sedition, criminal defamation, and false news publication restrict press freedom and freedom of expression and thereby breach the EACJ Treaty.

Libel/Slander Laws: The law provides for arrest, prosecution, and punishment for the use of seditious, abusive, or derogatory language to describe the country’s leadership. Section 36 of the Media Services Act of 2016 makes defamation a criminal act. Defamation is defined as any matter likely to injure the reputation of any person by exposing him to hatred, contempt, or ridicule, or likely to damage any person in his profession or trade by an injury to his reputation.

In February, CHADEMA Member of Parliament (MP) Halima Mdee was called in for questioning related to a 2017 charge of insulting the president, for which she was detained for six days. The case is pending in court and is postponed until 2020. The court has expressed interest in dismissing the case due to a lack of cooperation from prosecutors.

On April 24, the Kisutu Resident Magistrates Court continued with the criminal case against opposition MP Zitto Kabwe. The case alleges that Zitto made several seditious remarks against the TPF, accusing it of killing more than 100 civilians in Kigoma. On October 23, the case was heard and adjourned until 2020.

On March 10, Minister for Home Affairs Kangi Lugola ordered regional police commanders throughout the country to arrest leaders of opposition parties who insult the president. On September 26, Lugola also warned CSOs against insulting the government.

National Security: In March 2018 the Electronic and Postal Communications (Online Content) Regulations were passed, requiring online content providers to monitor and filter content that threatens national security or public health and safety.

c. Freedom of Religion

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

d. Freedom of Movement

The constitution provides for freedom of internal movement, foreign travel, emigration, and repatriation, and the government generally respected these rights; however, there were cases of political opposition leaders being barred from leaving the country.

In-country Movement: Refugees are confined to camps and are subject to arrest if they leave them. Under its more restrictive approach to hosting refugees, the government limited refugee movement and enforced its encampment policy more strictly during the year, including the arrest of refugees caught moving outside the camps without official permission. With permits more difficult to obtain and livelihood opportunities inside the camps heavily constrained, refugees compelled to leave the camps in search of work were apprehended by police and arrested. Usually these persons were prosecuted and sentenced in local courts to six months’ detention or payment of a fine.

Foreign Travel: On June 12, immigration officials in Zanzibar detained opposition leader and MP Zitto Kabwe, who was en route to Kenya for a retreat with leaders of his Alliance for Change and Transparency (ACT) Party. Acting on instructions from the PCCB not to permit Kabwe to leave the country due to pending charges under the Media Services Act, immigration officials transferred Kabwe to police custody. The police later released Kabwe but confiscated his mobile phone and laptop.

In February the travel of migrant workers overseas for employment was temporarily suspended, ostensibly to allow time for the government to strengthen migrant-worker protection mechanisms.

Citizenship: There were no reports of revocation of citizenship on an arbitrary or discriminatory basis.

f. Protection of Refugees

Abuse of Migrants, Refugees, and Stateless Persons: Despite government assurances that its borders remained open to refugees, during the year authorities closed the borders to new refugee arrivals from the Democratic Republic of the Congo (DRC) and Burundi. In January 2018 the government withdrew from the UN’s Comprehensive Refugee Response Framework, announced it would no longer provide citizenship to Burundian refugees, and stated it would encourage refugees to return home. At that time the government assured the Office of the UN High Commissioner for Refugees (UNHCR) it would respect the choice of refugees on whether or not to return to their country of origin. While nearly 75,000 Burundian refugees had been repatriated with assistance between September 2017 and September 2019, there were numerous accounts of refugees facing intimidation or pressure by Tanzanian authorities to return home. Some refugees who were pressured into returning to Burundi became refugees in other countries or returned to Tanzania.

In August, Minister of Home Affairs Lugola announced a bilateral agreement with Burundi to repatriate 2,000 Burundians per week, whether voluntary or not. Although the government of Tanzania subsequently restated its commitment to voluntary repatriation, UNHCR remained concerned about validating the voluntariness of the returns. In addition the government suspended livelihood options for refugees, including the closure of businesses operating inside the camps and common markets outside the camps where refugees and the surrounding communities could exchange goods. According to NGOs working in the camps, there has been an increase in gender-based violence and other concerns due to the loss of livelihoods.

Refugees apprehended more than 2.5 miles outside their camps without permits are subject by law to sentences ranging from a fine up to a three-year prison sentence. In addition there have been reports of refugees found outside the camps being detained, beaten, tortured, raped, or killed by officials or citizens.

On April 5, Deputy Minister of Home Affairs Hamad Yusuph Masauni reported that 13,393 illegal immigrants were arrested in the country. Of this number, 2,815 were charged for illegally entering the country, 117 paid fines, and 429 were sentenced to a jail term. Of those arrested, 6,316 were deported and 1,313 were released after confirming residency. The Department of Immigration is the lead agency in the government on identifying immigrant status and subsequent action. According to one report, 39 illegal farmers from neighboring countries were arrested in the Kagera region.

Sex- and gender-based violence against refugees continued, including allegations against officials who worked in or around refugee camps. UNHCR worked with local authorities and residents in the three refugee camps to strengthen coordination and address violence, including sexual violence, against vulnerable persons. The public prosecutor investigated, prosecuted, and punished perpetrators of abuses in the camp, while international NGOs provided assistance to the legal team when requested by a survivor. Local authorities and the public prosecutor handled most cases of refugee victims of crime and abuse outside the camp. Residents of the refugee camps suffered delays and limited access to courts, common problems also faced by citizens.

Refoulement: The government closed the last of the country’s official refugee reception centers in 2018, and during the year there were credible reports of push backs at the border as well as instances of obstructions to access for Congolese and Burundian asylum seekers following requests for international protection in the country. In addition the Burundian refugees who had been assisted by UNHCR during the year to return voluntarily to Burundi, but were forced to flee again and seek asylum for a second time, were unable to register with the authorities. This prevented them from being able to access humanitarian assistance or basic services.

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. The National Eligibility Committee is required to meet regularly and make determinations on asylum applications.

Despite the government’s strict encampment policy, authorities continued to permit a small population of urban asylum seekers and refugees to reside in Dar es Salaam; this group consisted principally of persons in need of international protection arriving from countries that are not contiguous as well as individuals with specific reasons for being unable to stay in the refugee camps in the western part of the country. While access to formal employment opportunities remained limited for urban refugees, they did enjoy access to government health services and schools. UNHCR continued to intervene in cases of irregular migrants in need of international protection following their arrest by authorities in Dar es Salaam or other urban centers to ensure that the migrants had access to national asylum procedures and were protected from forced return to their country of origin.

During the year the government and the IOM continued to support training for law enforcement officers on the use of biometric registration equipment intended to provide irregular migrants a basis for either regularizing their status or voluntarily returning to their places of origin.

Safe Country of Origin/Transit: No policy for blanket or presumptive denials of asylum exists for applicants arriving from a “safe country of origin” or through a “safe country of transit.” All asylum applications are evaluated individually. The law provides that, unless the transit country is experiencing a serious breach of peace, an asylum claim can be refused upon failure to show reasonable cause as to why asylum was not claimed in the transit country prior to entry into Tanzania.

Freedom of Movement: Policy restrictions limiting refugee freedom of movement and access to livelihoods left the refugee population almost totally dependent on humanitarian assistance and vulnerable to a range of protection risks, including sexual and gender-based violence. Interpartner violence continued to be reported as the leading category of sexual and gender-based violence, accounting for approximately 75 percent of incidents. Observers attributed this level of violence to the difficult living conditions in refugee camps, split-family decisions resulting from government pressure to return and substance abuse; closure of larger markets, which undermined women’s self-reliance; and restrictions on freedom of movement, which placed women and girls in a precarious situation when they left the camps to collect firewood and seek other foods to diversify their family’s diet.

Durable Solutions: During the year the government focused on repatriation and did not support local integration as a durable solution. The government maintained pressure on Burundian refugees to return to Burundi, promoting repatriation as the only durable solution for Burundian refugees. UNHCR continued to assist voluntary returns under the framework of a tripartite agreement between the governments of Burundi and Tanzania and UNHCR, stressing that conditions inside Burundi were not yet conducive for large-scale returns because many Burundian refugees remained in need of international protection. Nonetheless, in August the government increased pressure on Burundian refugees to sign up for returns, agreeing with the government of Burundi to return 2,000 Burundians a week, but also saying that all Burundian refugees would be returned by the end of the year. The government implemented measures to make life more difficult for refugees, including closing the shared refugee and host community markets in February and restricting camp exit permits.

According to the Ministry of Home Affairs, from July 2018 to March 28,h a total of 662 Burundian refugees repatriated voluntarily. According to UNHCR, nearly 75,000 Burundian refugees have returned with assistance since 2017. The government granted 162,000 former Burundian refugees citizenship in 2014-15. During the year, 1,350 refugees from the DRC and 82 from other countries were resettled in other countries.

Section 4. Corruption and Lack of Transparency in Government

The law provides criminal penalties for corruption by officials, but the government did not implement the law effectively. Officials sometimes engaged in corrupt practices with impunity. After taking office President Magufuli took several high-profile steps to signal a commitment to fighting corruption. These included surprise inspections of ministries, hospitals, and the port of Dar es Salaam, often followed by the immediate dismissal of officials. In implementing Phase III (2017-22) of the National Anticorruption Strategy and Action Plan, President Magufuli introduced a new High Court Division of Economic, Corruption, and Organized Crime in 2016. Critics and observers noted that President Magufuli has used the anticorruption platform to go after those who opposed him.

Corruption: While efforts were being made to reign in corruption, it remained pervasive; however, Transparency International’s Corruption Perception Index released in February shows improvement in the perception of corruption. The PCCB reported that most corruption investigations concerned government involvement in mining, land matters, energy, and investments.

Afrobarometer findings published in July indicated citizens perceive an overall drop in corruption, with only 10 percent of citizens reporting that corruption has increased in the past year, and 71 percent of citizens feeling the government is doing a good job combatting corruption. Government entities were still considered the most corrupt entities, led by police, judges and magistrates, the Tanzania Revenue Authority, and local government. NGOs continued to report allegations of corruption involving the Tanzania Revenue Authority, local government officials, police, licensing authorities, hospital workers, and media.

Corruption featured in newspaper articles, civil complaints, and reports of police corruption from the PCCB and from the Ministry of Home Affairs.

The PCCB’s mandate excludes Zanzibar. In July the Zanzibar Anti-Corruption and Economic Crime Authority reported it had been able to reduce corruption, citing one conviction and a pending investigation into corruption cases in the Ministry of Finance.

Financial Disclosure: Government ministers and MPs, as well as certain other public servants, are required to disclose their assets upon assuming office, annually at year’s end, and upon leaving office. The Ethics Secretariat distributes forms each October for collection in December. As of 2017, 98 percent of government leaders had submitted their forms to the secretariat (16,064 out of 16,339). When Tundu Lissu, former CHADEMA MP, was removed from his seat in June, one of the reasons cited was that he did not file financial disclosure forms. The president submitted his forms and urged other leaders to do the same. Although penalties exist for noncompliance, there was no enforcement mechanism or sufficient means to determine the accuracy of such disclosures. Information on compliance was considered sensitive and available only on request to the commissioner of the secretariat. Secretariat officials previously stated the individuals who failed to meet the deadline were asked to show cause for the delay. Any declaration forms submitted or filed after the deadline must explain the failure to observe the law. Asset disclosures are not public.

Section 6. Discrimination, Societal Abuses, and Trafficking in Persons

Togo

Section 2. Respect for Civil Liberties, Including:

a. Freedom of Expression, Including for the Press

Although the constitution provides for freedom of speech, including for the press, the government restricted these rights. The law imposes penalties on journalists deemed to have committed “serious errors” as defined in the media code.

Press and Media, Including Online Media: Independent media were active and expressed a wide variety of views.

Violence and Harassment: In May the NGO Reporters Without Borders called on authorities to investigate death threats against the editor of the newspaper Le Flambeau des Democrates for publishing an article exposing a dubious real estate acquisition by a government minister. Based on security camera footage that showed a vehicle without license plates hitting the journalist’s parked car, the NGO also noted the journalist’s car appeared to have been targeted. The journalist reported the death threats to authorities and filed a “willful damage” complaint in court.

Libel/Slander Laws: Libel and slander are criminal offenses. In April 2018 the government arrested the president of the political association Youth Movement for Democracy and Development after the organization published a report on the repression of protests in which it claimed the government had killed approximately 100 demonstrators. The government charged the president with libel for spreading false news, insulting authorities, and calling for genocide. In December 2018 the president was convicted and sentenced to 18 months’ imprisonment, with six months suspended and eight months applied for time served in pretrial detention. On April 5, he was released.

b. Freedoms of Peaceful Assembly and Association

The constitution and law provide for the freedoms of peaceful assembly and association. Unlike in 2018 the government and the National Assembly acted during the year to restrict these freedoms.

c. Freedom of Religion

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

d. Freedom of Movement

While the law provides for freedom of internal movement, foreign travel, emigration, and repatriation, the government restricted some of these rights. During the year an internal bureaucratic dispute regarding administrative responsibility prevented authorities from repatriating 12 refugees (11 from Ghana and one from Europe).

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

In-country Movement: Traffic police and gendarmes routinely stopped motorists on fabricated traffic law charges in order to obtain bribes.

f. 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 for refugees.

Durable Solutions: The government cooperated with UNHCR to assist in the safe, voluntary repatriation of refugees to their home countries. From January 1 to September 24, the government assisted in the repatriation of 82 refugees.

Section 4. Corruption and Lack of Transparency in Government

Although the law provides criminal penalties for conviction of corruption by officials, the government did not implement the law effectively, and officials frequently engaged in corrupt practices with impunity.

The body officially responsible for combating corruption, the High Authority for Preventing and Combating Corruption and Related Offenses, is an independent body that works with the judiciary on strengthening countercorruption practices and oversees adherence of public officials to anticorruption statutes. It also has a public outreach function that includes raising public awareness and referring complaints for legal action. In February the authority announced the initiation of investigations into corruption linked to the Cup of African Nations in 2013 and 2017 and illicit payments for construction of a road from Lome to Vogan that was never built. On November 4, it closed its investigations and transferred these two cases to the public prosecutor of Lome for action. No trial date was set by year’s end.

Other state entities, such as the Government Accounting Office and the Finances Inspectorate, investigated and audited public institutions but reported few results. Authorities maintained toll-free and text-messaging lines for citizens to report cases of corruption.

Corruption: Government corruption was most severe among prison officials, police, and members of the judiciary. There were credible reports judges accepted bribes to expedite and render favorable decisions in land dispute cases.

Financial Disclosure: Only the Togo Revenue Authority requires its officers to disclose their income and assets. No provisions in the constitution, law, regulations, or codes of conduct require income and asset disclosure by appointed or elected officials.

Section 6. Discrimination, Societal Abuses, and Trafficking in Persons

Tunisia

Section 2. Respect for Civil Liberties, Including:

Although government officials acknowledged a Ministry of Justice effort to review and revise the 1968 code of criminal procedures (CPP) and the 1913 Penal Code to comply with the 2014 constitution, activists and members of civil society expressed concern with the slow pace of reforms. Apart from a few discrete modifications to sections governing rape and pretrial detention, no changes have been made to the penal code since the country became a democracy, leading authorities to enforce provisions of the penal code that appear to contradict with the rights and freedoms protected in the constitution. For the CPP, however, the government has introduced notable changes, including the introduction of alternatives to incarceration and probation, reorganization of Judicial Police and moving the Office of the Judicial Police under the authority of the Ministry of Justice and a more refined definition of flagrante delicto, obvious offense. As of October the independent committee of experts in charge of amending these two criminal codes submitted revisions to the CCP to the Justice Ministry, enabling the ministry to prepare the draft law to parliament for review and adoption. The penal code project remained under review.

Civil society activists continue to cite the lack of a constitutional court as hindering efforts to align existing legislation with the 2014 constitution and international human rights norms, particularly legislation pertaining to individual freedoms and fundamental rights.

a. Freedom of Expression, Including for the Press

The constitution and law provide for freedom of expression, including for the press, and the government mainly respected this right, although there were constraints. An independent press and a functioning democratic political system contributed to an environment generally conducive to this freedom. Some media outlets and civil society expressed concerns about occasional government interference in media and the concentration of media ownership in the hands of a few political parties or families.

Freedom of Expression: Public speech considered offensive to “public morals” or “public decency,” terms undefined in the law, continued to be treated as criminal acts. Provisions of the penal and telecommunications codes, for example, criminalize speech that causes “harm to the public order or public morals” or intentionally disturbs persons “in a way that offends the sense of public decency.”

HRW issued a statement on October 15 asserting, “Tunisian authorities are using laws on criminal defamation, ‘spreading false information,’ and ‘harming others via public telecommunications networks’ to prosecute people for their online commentary.” HRW cited the example of Yacine Hamdouni, a civil servant who was sentenced to six months in prison for having accused a senior security official of corruption in several social media posts. The Tunis First Instance Court that heard Hamdouni’s case convicted him on June 6 for having disseminated “false information,” accusing officials of wrongdoing without providing proof, and “harming others via public telecommunication networks.” The court sentenced him originally to one year in prison, but this sentence was reduced to six months on appeal. According to HRW, Hamdouni remained detained in the Mourneguia prison as of October.

In another example, in December 2018, the First Instance Court of Kairouan sentenced a civil society activist to three months in prison for insulting the president. The activist allegedly wrote an insulting message on a public wall in Kairouan.

Press and Media, Including Online Media: Activists expressed concern about government interference in media and the concentration of media ownership. NGOs stated the penal code and military justice codes, were used to target journalists, lawyers, and civil society activists. The codes criminalize defamation, false allegations against members of an administrative or judicial authority, and attacks against the “dignity, reputation, or morale of the army.”

On March 14, the investigative judge for the First Instance Court of Tunis prevented the dissemination of two television shows investigating a public-health scandal. The judge ruled these shows would impede an ongoing investigation, but critics characterized the injunction as a violation of free speech.

Violence and Harassment: Violence and harassment against journalists continued, according to human rights organizations. In its annual 2019 report, the Tunisian Union of Journalists (SNJT) warned of an increase in incitement and threats against journalists from citizens who hold media responsible for the deteriorating economic and social situation. Between February 2018 and April 2019, the SNJT reported 139 incidents of verbal, physical assaults, and intimidation against journalists. The SNJT cited public-service employees as primarily responsible for these incidents, followed by security forces and government officials. The SNJT reported an additional 39 instances of physical aggression against journalists between July and September, with the majority of these instances taking place during the September 15 elections with heads of polling stations forcibly removing media from polling stations or otherwise limiting their access to report on the electoral process.

Censorship or Content Restrictions: The government penalized individuals who published items counter to government guidelines or who published items deemed to defame government officials.

Libel/Slander Laws: Various civil society organizations expressed concern about the use of criminal libel laws to stifle freedom of expression. The 2017 adoption of decree laws maintaining the separation between protection of freedom of expression and regulation of the communications and media sector rolled back the prerevolution regime of censorship and secrecy; however, many media actors and activists expressed concern that these decree laws did not go far enough to protect press freedoms and freedom of expression and did not comply with the country’s international obligations.

In August 2018 authorities charged blogger Amina Mansour with violating Article 128 of the penal code and Article 86 of the telecommunications code. The former refers to accusing public officials of crimes without providing proof of their guilt, while the latter covers “willfully and knowingly harming others or disturbing them via public telecommunications networks.” Mansour had posted a message on her Facebook page accusing Prime Minister Youssef Chahed of promoting “criminals in the customs agency.” The court sentenced Mansour to a suspended sentence of two months in prison. She appealed the ruling, and as of September her appeals case continued.

b. Freedoms of Peaceful Assembly and Association

The law provides for the freedoms of peaceful assembly and association, but the government did not always respect the right of association. The state of emergency law grants the government the right to limit the right of assembly, although the government rarely applied this law during the year.

A 2018 law mandated the establishment of a more comprehensive business registration system, including the creation of a National Center for Business Registry (CNRE), with the aim to combat terrorism finance and money laundering that also included requirements for nonprofit associations to submit financial data to a newly created registry. Formally established on February 5, the CNRE is responsible for collecting and maintaining the financial and administrative data of all “economic actors,” including nonprofit associations. The center also ensures implementation of the new law and reinforces intelligence tools to eliminate economic crimes. There are CNRE offices in Tunis, Sousse, Sfax, and Nabeul that serve as independent institutions under the Prime Minister’s Office. Since February the CNRE has trained professional associations that support companies and civil society organizations to comply with the new business registration system requirements. The deadline for economic actors to register with this new system was September 10.

c. Freedom of Religion

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. Following the April clashes in Tripoli, the government allowed the free movement of Libyans and other nationals crossing into Tunisia.

In-country Movement: In 2018 local NGO Observatory for Rights and Freedoms (ODL) estimated that more than 100,000 individuals were on a border-control order list known as “S17.” Originally created as an “advance consultation” watch list, the S17 procedure identifies individuals requiring additional screening at border checkpoints on security-related grounds. Although the list was established to inform border agents of these individuals’ potential travel outside of the country, civil society groups report that the Ministry of Interior continued to restrict some individuals’ internal travel as well.

Based on feedback from citizens and civil society organizations, the Ministry of Interior prepared new guidelines at the end of 2018 for the application of the S17 procedure to ensure it complies with the constitution and is not used to restrict internal travel. During a February 7 parliamentary hearing, the Director General of Human Rights for the Ministry of the Interior, Mohamed Ali Khaldi, stated the judiciary reviewed 800 cases related to the application of this border-control measure and that 51 individuals successfully appealed to remove their names from this list. Khaldi also noted the ministry adopted new procedures to address concerns by individuals who believe they were mistakenly included on the list.

Amnesty International reported the Ministry of Interior’s efforts to improve its S17 procedures led to improvements in in-country movement. According to the ODL, however, despite a court order to the contrary, the Ministry of Interior refused to grant individuals access to the orders that led them to be included on the S17 list. Even in the case of a court-mandated suspension or lifting of the travel restrictions, some individuals have remained on the list.

Foreign Travel: The law requires that authorities promptly inform those affected by travel restrictions or who have had their passports seized of the reasons for these decisions. In addition the law provides that the affected individuals have the right to challenge the decision and sets a maximum of 14 months during which their travel can be restricted before requiring another court order. Human rights groups noted that authorities did not consistently apply the law and that security forces did not always respect court decisions to reverse travel restrictions. Amnesty International reported, however, that the Ministry of Interior’s efforts to improve its S17 procedures enabled some individuals on the S17 list to obtain their passports and travel internationally with a court order.

f. Protection of Refugees

Access to Asylum: The country does not have a law for granting asylum or refugee status. The Ministry of Interior noted it coordinated regularly with UNHCR in spite of the absence of this legal framework. Pending the creation of a legal framework, UNHCR is the sole entity conducting refugee status determination. UNHCR provided assistance to registered refugees for primary medical care and, in some cases, basic education. The government granted access to schooling and basic public-health facilities for registered refugees. UNHCR reported that as of September it registered 1,489 newly registered asylum seekers and refugees, bringing to 2,729 the total of persons of concern in the country.

Section 4. Corruption and Lack of Transparency in Government

The law provides criminal penalties for corruption by officials, and the government took some preliminary steps to implement these laws.

Corruption: The National Authority for the Combat Against Corruption (INLUCC), an independent body charged with investigating and preventing corruption and drafting policies to combat corruption, continued to process corruption cases. During a March 16 press conference, INLUCC President Chawki Tabib said 205 cases had been referred to the judiciary. Tabib added that it takes seven to 10 years on average for the corruption cases to be processed in the judicial system and that this long processing time gives the impression to the public that it is “useless” to attempt to hold corrupt persons accountable.

In the summer INLUCC opened renovated regional offices in Gabbes, Gafsa, Jendouba, Medenine, and Tozeur to assist citizens outside of Tunis in reporting corruption to the body.

In 2018 the Tunisian Financial Analysis Committee, which operates under the auspices of the Central Bank as a financial intelligence unit, announced that it froze approximately 200 million dinars ($70 million) linked to suspected money-laundering transactions. The committee received approximately 600 reports of suspicious transactions related to corruption and illicit financial flows during the year.

On October 1, the Public Prosecutor’s Office at the Judicial Counterterrorism Division announced its decision to close the case against businessman Chafik Jarraya for “plotting against national security.” In 2017 the government arrested Jarraya and seven other prominent businessmen, including two former customs officials, on allegations of smuggling, embezzlement, conspiracy against the safety of the state, and complicity with a foreign government. With the October ruling, Jarraya and the other defendants were acquitted of national security charges but must remain in detention pending the conclusion of the investigation into the smuggling and embezzlement allegations.

Financial Disclosure: The constitution requires those holding high government offices to declare assets “as provided by law.” In 2018 parliament adopted the Assets Declaration Law, identifying 35 categories of public officials required to declare their assets upon being elected or appointed and upon leaving office. By law INLUCC is then responsible for publishing the lists of assets of these individuals on its website. In addition the law requires other individuals in specified professions that have a public role to declare their assets to INLUCC, although this information would not be made public. This provision applies to journalists, media figures, civil society leaders, political party leaders, and union officials. The law also enumerates a “gift” policy, defines measures to avoid conflicts of interest, and stipulates the sanctions that apply in cases of illicit enrichment.

On August 23, INLUCC reported that only 1,877 associations out of a total of 17,772 and only 34 of 219 political parties registered in 2018 declared their assets as required by this new law. It reported that 22,884 individuals representing civil society organizations and 538 individuals representing political parties declared their assets. INLUCC reported that all but three of the 217 Members of Parliament declared their assets. INLUCC did not report the number of other government officials who declared their assets according to the law.

Section 6. Discrimination, Societal Abuses, and Trafficking in Persons

Uganda

Section 2. Respect for Civil Liberties, Including:

a. Freedom of Expression, Including for the Press

The constitution and law provide for freedom of speech, including for the press, but the government often restricted this right.

Freedom of Expression: The government restricted citizens’ ability to criticize its actions. It also restricted some political symbols, musical lyrics, and theatrical performances.

On September 18, the government published guidelines that banned the public from wearing red berets, saying that the berets would henceforth be considered a military uniform and therefore the exclusive property of the state. Red berets had been the symbol worn by supporters of Kyagulanyi’s People Power movement. On October 1, Kyagulanyi reported that the UPF and UPDF had started arresting People Power supporters whom they found wearing the red berets. The UPF on numerous occasions also confiscated People Power movement insignia, especially red berets and T-shirts with pro-Kyagulanyi messages. On August 13, the UPF raided the Democratic Party’s (DP) offices, arrested four supporters, and confiscated 300 T-shirts with pro-Kyagulanyi messages commemorating the one-year anniversary of Kyagulanyi’s arrest and torture. The UPF said the T-shirts bore messages inciting violence. The UPF released the four DP supporters later that day and said it only called them in for interrogation.

Press and Media, Including Online Media: The country had an active media environment with numerous privately owned newspapers and television and radio stations. These media outlets regularly covered stories and often provided commentary critical of the government and officials. The UPF’s Media and Political Crimes Unit, however, closely monitored all radio, television, and print media, and security forces subjected numerous journalists to harassment, intimidation, and arrest. Government officials and ruling party members owned many of the private rural radio stations and imposed reporting restrictions. Media practitioners said government and security agents occasionally called editors and instructed them not to publish stories that negatively portrayed the government. On April 30, the communications regulator Uganda Communications Commission (UCC) wrote to broadcast houses ordering the suspension of 39 journalists holding producer and editing positions for violating minimum broadcast standards when they aired live images of a Kyagulanyi procession through Kampala on April 29. The UCC also ordered the media houses to submit all footage aired that day for investigation. On May 8, the Uganda Journalists Association and two private attorneys filed an application in court to block the UCC action, which a court granted May 23, indicating that the UCC had overstepped its mandate.

Violence and Harassment: Security forces subjected journalists and media houses to violence, harassment, and intimidation. On February 7, the UPF arrested five local and international journalists who were working undercover to report on the theft of drugs in public hospitals. The UPF stated that it arrested the five on charges of “illegal possession of classified drugs.” On February 8, the UPF released the journalists on police bond but said investigations into the case continued. Civil society contacts also reported that in October the president expelled a journalist from a press conference after the reporter asked a question about the country’s fiscal debt.

Censorship or Content Restrictions: The government penalized those who published items counter to its guidelines, and directly and indirectly censored the media, including by controlling licensing and advertising, instructing editors to suspend critical journalists, arresting and beating journalists, and disrupting and ransacking photojournalistic exhibitions. The media, under government pressure, practiced self-censorship. On July 24, NBS TV aired live footage as Kyagulanyi launched his presidential bid in his home but edited out parts of his speech that were critical of the regime and of the president. In early August the UCC announced that it required online publishers, bloggers, and influencers to register with them for a $20 annual license. The UPF on several occasions switched off and broke into FM radio station studios that hosted opposition politician Kizza Besigye for talk shows. On April 18, the UPF switched off the Mubende FM radio transmission, and then forced its way into the studios where Besigye was attending a talk show and arrested him.

Libel/Slander Laws: Authorities used libel and slander laws to suppress criticism of government officials. On June 14, local media reported that on June 12 the authorities arrested journalist Pidson Kareire for offensive communication and criminal libel in relation to stories he published about labor recruitment companies with ties to the president’s family.

National Security: Authorities cited laws protecting national security to restrict criticism of government policies. Security agencies arrested numerous dissidents on charges of incitement of violence. UPF and UPDF officials on June 15 arrested events manager and Kyagulanyi supporter Andrew Mukasa as he held a press conference to announce a marathon in Kyagulanyi’s honor, on charges of inciting violence and disturbing the president’s peace. The UPF arraigned him in court on June 19 and released him on bail July 11. The case continued at year’s end.

b. Freedoms of Peaceful Assembly and Association

The government restricted freedoms of peaceful assembly and association.

c. Freedom of Religion

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 generally respected these rights.

f. Protection of Refugees

Abuse of Migrants, Refugees, and Stateless Persons: 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. The government continued to uphold its enabling asylum policies and practices towards refugees and asylum seekers from various countries, mainly from South Sudan, the Democratic Republic of the Congo (DRC), Burundi, and Somalia. Most refugees enjoyed unhindered access to asylum, freedom of movement, freedom of residence, right to registration and documentation, and access to justice, education, health care, and employment.

UNHCR and NGOs received reports that some government officials demanded bribes from refugees to process or issue paperwork, especially at Old Kampala Police Station, where urban refugees and other migrants registered.

Refoulement: Although there were no credible reports of refoulement during the year, Rwandan and Burundian refugee groups continued to express fear that authorities were either complicit in or unable to stop extrajudicial actions by neighboring governments. South Sudanese human rights defenders resident in the country also feared forcible return because of threats from government officials.

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. Individuals fleeing South Sudan and the Democratic Republic of the Congo (as long as Congolese are from eastern DRC) who enter the country through a designated border point have automatic “prima facie” refugee status (status without determination of individual refugee status). The local Refugee Eligibility Committee, however, determines whether individuals fleeing from Rwanda, Somalia, and Burundi and other countries are eligible for refugee status. The committee was functional, but administrative issues and the continued influx of asylum seekers from Somalia, Eritrea, and Burundi created a backlog of more than 26,000 asylum seeker cases as of June.

Safe Country of Origin/Transit: The country does not have a policy of presumptive denials of asylum to applicants. Numerous sources, however, reported that for several years the country clandestinely received migrants expelled from Israel. According to official reports, the government was unaware of Israeli government plans–later challenged and halted in Israeli courts–to remove approximately 39,000 migrants to unnamed African countries. Sources reported many Eritrean, Ethiopian, and Sudanese migrants crossed through the country. Some of these migrants eventually made their way to Libya and attempted to cross to Europe. There are no credible reports of official acquiescence or complicity in such crossings. There were no further reports received during the year.

Durable Solutions: The government did not accept third-country refugees for resettlement, but it assisted in the safe and voluntary return of refugees to their homes and supported the resettlement of third-country refugees to other countries by providing birth certificates and travel documents. A 2015 constitutional court ruling confirmed that certain long-term refugees have the right to naturalize, and in 2016, the government committed to begin processing naturalization cases for an estimated 15,000 refugees who had resided in the country for approximately 20 years. During the year there were no known cases of a refugee having naturalized.

Section 4. Corruption and Lack of Transparency in Government

The law provides criminal penalties of up to 12 years’ imprisonment and confiscation of the convicted persons’ property for official corruption. Nevertheless, transparency civil society organizations stated the government did not implement the law effectively, officials frequently engaged in corrupt practices with impunity, and, many corruption cases remained pending for years.

Corruption: Media reported numerous cases of government corruption, including a July 7 investigation that revealed members of the judiciary, police, and prisons, some caught on camera, soliciting bribes from the public to secure noncash bail. According to media reports, officials–including judges and state attorneys–collaborated to keep individuals detained until their families paid a bribe. The Kampala City High Court was one of the major epicenters of these activities. In response to this and other allegations of corruption, the chief justice established a taskforce to investigate malpractice in the judiciary; it was due to report findings in late October but did not do so by year’s end. On February 18, the Parliament Committee on Commissions, Statutory Authorities, and State Enterprises (COSASE) published its findings from the 2018 inquiry into “irregular conduct” by the central bank in the process of taking over defunct banks and noted that the central bank acted irregularly in the process. It recommended that central bank officials responsible should account for their actions. Local media reported that MPs across political lines faulted the COSASE for not naming individuals responsible or recommending any arrests. On February 19, the Inspector General of Government (IGG) asked ISO to investigate allegations that members of the COSASE had received bribes from officials in the central bank. In March media reported that the speaker of parliament rejected this request and wrote that it was an attempt to attack parliamentary investigations and “blackmail” and “intimidate” parliamentarians. By year’s end there were no criminal proceedings or resignations resulting from the COSASE report.

On June 9, domestic media reported that the Democratic Governance Facility (DGF), a governance program in the country established by European nations, was withdrawing support from four domestic NGOs due to allegations of significant corruption. The report also stated that the DGF had identified widespread corruption among its own staff members, whom they later reprimanded.

Financial Disclosure: The law requires public officials to disclose their income, assets, and liabilities, and those of their spouses, children, and dependents, within three months of assuming office, and every two years thereafter. The requirement applies to 42 position classifications, totaling approximately 25,000 officials, including ministers, MPs, political party leaders, judicial officers, permanent secretaries, and government department heads, among others. Public officials who leave office six or more months after their most recent financial declaration are required to refile. The IGG is responsible for monitoring compliance with the declaration requirements, and penalties include a warning, demotion, and dismissal.

Section 6. Discrimination, Societal Abuses, and Trafficking in Persons

Zambia

Section 2. Respect for Civil Liberties, Including:

a. Freedom of Expression, Including for the Press

Although the constitution and law provide for freedom of expression, including for the press, it has provisions that permit restrictions of these fundamental rights and freedoms in certain circumstances. In particular, Article 22(3) allows the restriction of freedom of expression in the interests of national defense, public safety, public order, and public health, or for the purpose of protecting the reputations, rights, and freedoms of others and maintaining the authority and independence of the courts. Based on these provisions, the government can restrict these freedoms using subsidiary laws such as the penal code, Public Order Act, Preservation of Public Security Act, and Emergency Powers Act.

Freedom of Expression: The government remained sensitive to criticism in general, particularly by the political opposition and civil society, and restricted the ability of individuals to criticize it freely or discuss matters of general public interest. In December 2018 the Supreme Court convicted and sentenced New Vision newspaper editor Derrick Sinjela to 18 months’ imprisonment for contempt of court for his public criticism of senior judges’ handling of the Savenda v. Stanbic case. President Lungu pardoned Sinjela in November. Gregory Chifire, director of the Southern Africa Network against Corruption, whom the court had convicted and sentenced to six years’ imprisonment in November 2018 for similar charges, remained in exile at year’s end.

Press and Media, Including Online Media: Independent media were active and expressed a wide variety of views, but not without some restrictions. The government published two of the country’s four most widely circulated newspapers. One of the two privately owned newspapers opposed the ruling PF party, while the other supported the party and the government. Opposition political parties and civil society organizations contended government-run media failed to report objectively. Although state media covered government-sponsored and nongovernmental events, coverage was not fair; state media did not educate and inform citizens in an objective, balanced, and clear way, civil society organizations reported.

In addition to a multichannel government-controlled radio station that broadcasts nationwide, 73 private and community radio stations broadcast locally. Some radio stations experienced political pressure. Although some local private stations broadcast call-in and other talk programs on which diverse and critical viewpoints were expressed freely, media bodies claimed journalists who appeared on such programs received threats from senior government officials and politicians if seen as too critical. Independent, private media outlets also often received threats from the government for providing airtime to the opposition. For example, on April 30, a group of PF supporters, locally known as “cadres,” attacked opposition National Democratic Congress (NDC) leader Chishimba Kambwili in Kabwe during a live radio broadcast on Power FM radio station, disrupting the program and damaging property as they forcibly entered the station.

According to media watchdog organizations, independent media did not operate freely due to restrictions imposed by government authorities. Police reportedly did not sufficiently investigate journalists’ assault cases, and some media houses were threatened with closure for unfavorable or insufficient coverage of the president. On several occasions, police used force to interrupt broadcasts.

Violence and Harassment: While the government broadly tolerated negative articles in newspapers and magazines, there were numerous reports of government, ruling party, and some opposition officials and supporters physically and verbally attacking or threatening journalists. For example, on May 1, a group of PF “cadres” forcibly entered Radio Maria, a Roman Catholic-run station in Chipata, Eastern Province. They harassed journalists and threatened to burn down the station for featuring a rival candidate for provincial leadership. President Lungu condemned the attack and ordered police to arrest perpetrators; authorities later arrested two PF members. Involved parties later resolved the matter outside of court, and authorities released the arrested individuals.

Censorship or Content Restrictions: The government remained sensitive to media criticism and indirectly censored publications or penalized publishers. Numerous media watchdog organizations reported that harassment and arrest of journalists, threats by the government to introduce punitive legislation against media personnel, restriction of their access to public places, and undue influence, among other restrictions, compromised media freedom and resulted in self-censorship. For example, on March 4, the government Independent Broadcasting Authority (IBA) suspended private media Prime TV’s broadcasting license for almost a month, for alleging the station had failed to comply with IBA regulations. The IBA investigated the station after ruling PF Party Secretary General Davies Mwila accused Prime TV of “biased coverage and unethical reporting” and insufficient coverage of ruling party events during a parliamentary by-election. The IBA concluded that Prime TV, which at times showed programing critical of the government, had “exhibited unprofessional elements in its broadcasting through unbalanced coverage, opinionated news, material likely to incite violence, and use of derogatory language.” The IBA recommended that Prime TV should conduct in-house journalism ethics training and news writing for its journalists during the period of suspension.

Libel/Slander Laws: The government and individual public figures used laws against libel, slander, or defamation against critics to restrict public discussion or retaliate against political opponents. The government also often used sedition laws against those critical of the government. For example, on March 23, police arrested and charged opposition Patriots for Economic Progress leader Sean Tembo with defamation of the president after Tembo alleged on social media that President Lungu was possibly suffering from a mental illness that led him to make “irrational national decisions,” such as purchasing a new presidential jet. The charges remained pending at year’s end.

b. Freedoms of Peaceful Assembly and Association

The government at times restricted peaceful assembly, while generally respecting freedom of association.

c. Freedom of Religion

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 generally respected these rights.

In-country Movement: The government intermittently restricted freedom of internal movement for internally displaced persons, refugees, and stateless persons. Although police generally used roadblocks to control criminal activity, enforce customs and immigration controls, check drivers’ documents, and inspect vehicles for safety compliance, there were reports police used such interventions to limit participation in political gatherings, especially during parliamentary and local government by-elections.

f. Protection of Refugees

Abuse of Migrants, Refugees, and Stateless Persons: According to the Office of the UN High Commissioner for Refugees (UNHCR) in October, sexual and gender-based violence (SGBV) remained the greatest protection risk in refugee locations, both urban and camp settings. Authorities provided some physical protection, including by the provision of temporary police posts, but efforts were insufficient. UNHCR supported government efforts with counselling services, access to medical facilities, and access to justice for survivors of SGBV. The most commonly reported forms of SGBV included sex in exchange for basic needs, rape, sexual harassment, and underage marriage. Gender inequality, lack of livelihood opportunities, substance abuse, and impunity of perpetrators were among the key structural causes.

The government cooperated with UNHCR, the International Organization for Migration, and other humanitarian organizations in providing protection and assistance to refugees, asylum seekers, and other persons of concern.

Access to Asylum: The law provides for the granting of asylum or refugee status, and the government has a system for providing protection to refugees. According to UNHCR, although the law provides for the granting of asylum, it also gives the minister of home affairs wide discretion to deport refugees without appeal or to deny asylum to applicants holding asylum from other countries or those coming from stable democratic states. The government was responsible for conducting refugee status determinations.

Freedom of Movement: Zambia has made a number of reservations to the 1951 Convention relating to the Status of Refugees, including the freedom of movement. For example, the established encampment policy requires recognized refugees to reside in one of three designated refugee settlements. Only refugees who have received a permit for work, study, health, or protection reasons can legally stay in urban areas. Refugees in the settlements can obtain passes to leave the settlements for up to 60 days, but police officers’ unfamiliarity with different permits and passes put them at risk of administrative detention.

Employment: The law requires refugees to obtain work permits before they can engage in employment, including self-employment activities. Issuance of employment permits is subject to normal immigration procedures, including the application of a government policy that requires the immigration department to ascertain that there is no Zambian citizen who can perform the job.

Access to Basic Services: The government provided basic social services, including education, housing, and health care to refugees without discrimination. The government provided primary and secondary education in refugee settlements, and secondary school for refugees living in urban areas, but required a study permit and the payment of school fees.

Durable Solutions: The government promoted safe, voluntary return, resettlement, and local integration of refugees and stateless persons. According to the government’s Office of the Commissioner for Refugees, 210,000 refugees–mainly from Angola, Mozambique, and Democratic Republic of Congo (DRC)–over time voluntarily returned to their countries of origin as conflicts there waned. The Ministry of Home Affairs and the Office of the Commissioner for Refugees reported that of 20,000 Angolan and 4,000 Rwandan refugees accepted for naturalization, the government issued residence permits to more than 3,000 and offered them land in a local resettlement and integration program. Delayed passport issuance for both Angolans and Rwandans by their respective nations’ diplomatic and consular representatives kept several thousand in legal limbo.

In a joint effort by the government, UNHCR, and international and local NGOs, settlement areas in Mantapala, Mayukwayukwa, and Meheba provided refugees from the DRC an opportunity to settle permanently in Zambia. Refugees were provided land for agricultural use as well as space for housing near social services. The areas also include already established villages as a way to promote local integration of refugees.

Temporary Protection: The government provided protection to 4,179 individuals who may not qualify as refugees from January 1 to September 30, and the recognition rate of asylum claims was high. Those rejected could appeal via the Ministry of Home Affairs. The government continued to provide temporary protection to stateless persons.

Section 4. Corruption and Lack of Transparency in Government

The law provides criminal penalties for officials convicted of corruption, and the government attempted to enforce the law but did not do so consistently. Officials often engaged in corrupt practices with impunity. Although the government collaborated with the international community and civil society organizations to improve capacity to investigate and prevent corruption, anticorruption NGOs observed the enforcement rate among senior government officials and in the civil service was low.

According to Transparency International (TI) Zambia, the average conviction rate for those prosecuted for corruption was 10 to 20 percent. The government did not effectively implement penal laws against corrupt officials but selectively applied anticorruption law to target opposition leaders or officials that fell afoul with it. TI Zambia further reported that officials frequently engaged in corrupt practices with impunity.

Corruption: There were numerous cases of serious corruption involving government officials. For example, on May 31, the Financial Intelligence Centre reported that money laundering and suspicious transactions in 2018 increased to 6.1 billion Zambian kwacha ($520 million), up from 4.5 billion Zambian kwacha ($382 million) in 2017.

The case against former minister of community development and social services Emerine Kabanshi, dismissed for alleged misuse of donor funds meant for social cash transfer programs, continued at year’s end.

Financial Disclosure: The law only provides for income and asset disclosure by a small fraction of political officeholders and public servants. Although the Anti-Corruption Act requires certain officers of the Anti-Corruption Commission to disclose their assets and liabilities prior to taking office, it does not apply to other public officials. Under the Electoral Process Act, only presidential and vice presidential candidates are required to declare their assets and liabilities. Conviction for false declaration is punishable by seven years’ imprisonment without the option of a fine. Some government institutions, such as the Zambia Revenue Authority, maintained integrity committees to enhance asset disclosure mechanisms within the workplace. In several other institutions, asset disclosure requirements were vague or inadequately enforced.

Section 6. Discrimination, Societal Abuses, and Trafficking in Persons