An official website of the United States Government Here's how you know

Official websites use .gov

A .gov website belongs to an official government organization in the United States.

Secure .gov websites use HTTPS

A lock ( ) or https:// means you’ve safely connected to the .gov website. Share sensitive information only on official, secure websites.

Andorra

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.

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.

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 does not provide for the granting of asylum or refugee status, and the government has not established a system for providing protection to refugees, preferring to deal with them on an ad hoc basis. There is a lack of domestic legislation on asylum seekers and refugees and, in particular, on measures to protect unaccompanied and refugee children. The law provides for the entry, stay, and right to work for asylum seekers for a two-year period, renewable for six additional months. The law also provides for housing, as well as access to social services, health care, and education. In May 2018 the government signed an agreement with the Community of Sant’Egidio to establish a humanitarian corridor from French and Spanish airports for refugees to enter the country.

Section 4. Corruption and Lack of Transparency in Government

The law provides criminal penalties for corruption by officials, and the government generally implemented these laws effectively. Officials infrequently engaged in corrupt practices with impunity.

Financial Disclosure: The constitution and the law do not require disclosure of income or assets by elected or appointed officials, except for the declaration of earned income to the Andorran Social Security Fund required of all employees. The government did not publish the declarations.

Section 5. Governmental Attitude Regarding International and Nongovernmental Investigation of Alleged Abuses of Human Rights

A variety of domestic and international human rights groups generally operated without government restriction, investigating and publishing their findings on human rights cases. Government officials were cooperative and responsive to their views.

Government Human Rights Bodies: The ombudsman’s main function is to defend and oversee the fulfillment and application of the rights and liberties included in the constitution and to ensure the public sector adheres to constitutional principles. The Ombudsman’s Office also covers all cases of discrimination in the private sector as well as in the protection of the rights of minors and persons with disabilities. The ombudsman is independent from other institutions and provides its functions free of charge to interested persons. He enjoyed the government’s cooperation and operated without government interference. The ombudsman had adequate resources, published an annual report to parliament with recommendations, and was considered effective.

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

On February 15, parliament approved the first-ever Equality and Nondiscrimination Law, which provides for the right to equal treatment and nondiscrimination, and strengthens effective protection through the establishment of judicial, administrative, and institutional guarantees, which provide protection and reparation for victims of discrimination. The law also provides for a sanctioning regime. The Department of Equality Policies designed programs and activities to start implementing the law.

Australia

Section 2. Respect for Civil Liberties, Including:

a. Freedom of Expression, Including for the Press

Although the constitution does not explicitly provide for freedom of speech or press, the High Court has held that the constitution implies a limited right to freedom of political expression, and the government generally respected this right. An independent press, an effective judiciary, and a functioning democratic political system combined to promote freedom of expression, including for the press.

Libel/Slander Laws: Journalists expressed concern that strict defamation laws have had a “chilling effect” on investigative journalism and freedom of the press. In February businessman and political donor Chau Chak Wing won a defamation case against a media organization that linked him to a bribery case implicating a former president of the UN General Assembly. A member of parliament, Andrew Hastie, criticized the verdict, saying, “Generally speaking, we are concerned about the impact that defamation laws in Australia are having on responsible journalism that informs Australians about important national security issues.”

National Security: In June the AFP raided ABC’s headquarters and the home of a News Corp journalist as part of an investigation into the alleged publishing of classified national security information. The media union denounced the raids as an attempt to “intimidate” journalists; an Essential Poll found that three-quarters of citizens were concerned about press freedom in the aftermath of the raids. The country’s three largest media organizations–ABC, News Corp, and Nine Entertainment–jointly called for more legal protections for journalists and whistleblowers. In July the parliamentary Joint Committee on Intelligence and Security opened an inquiry into the impact of law enforcement and intelligence powers on the freedom of the press. Media companies challenged the constitutionality of the AFP’s warrants in court.

b. Freedoms of Peaceful Assembly and Association

Although the freedoms of peaceful assembly and association are not codified in law, 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

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

In March parliament passed medevac legislation giving medical experts the authority to authorize refugees and asylum seekers from the former Manus Island detention center or Nauru to travel to Australia to receive medical treatment. According to media reports, 179 persons had transferred to the country for health reasons under this legislation as of December.

In December parliament repealed the medevac legislation, a step human rights advocates denounced. The repeal of the law restores the full discretion of federal ministers to accept or reject medical transfers to the country. The UN High Commissioner for Refugees (UNHCR) released a statement saying that it was “disappointed by the repeal” and expressing concern that it “may negatively impact vital care for asylum seekers in offshore processing facilities.”

Refoulement: UNHCR noted that immigration authorities in the country and offshore detention centers forcibly deported refugees and asylum seekers. The government refused to allow these families to be reunited in the country. UNHCR is aware of several cases where family members are held on offshore processing facilities, while spouses undergoing medical treatment reside in the country.

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

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

In May authorities intercepted a boat with 20 Sri Lankans trying to reach the country to claim asylum. The Sri Lankans were taken to Christmas Island, a small Australian island approximately 300 miles south of Jakarta. They were held there for a few days while their asylum claims were adjudicated. After the claims were denied, the 20 were flown back to Sri Lanka with the cooperation of the Sri Lankan government. The incident was the first use of Christmas Island for detention of asylum seekers in five years. Authorities also occasionally forced intercepted boats carrying smuggled persons back into the territorial waters of their country of embarkation when safe to do so.

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

In June 2018 the immigration minister stated no refugee in Papua New Guinea or Nauru, including persons with close family ties, would be resettled in the country. The government sought to enforce this policy, although UNHCR representatives accused the government of breaking a previous promise to accept refugees with close family ties. Moreover, the long-term status of persons evacuated to the country for medical treatment pursuant to the March parliamentary action remained uncertain as of November.

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

Temporary Protection: The law permits two temporary protection options for individuals who arrived in the country and were not taken to regional processing centers in third countries. The temporary protection visa (TPV) is valid for three years, and visa holders are able to work, study, and reside anywhere in the country with access to support services. Once expired, TPV holders are eligible to reapply for another TPV. The Safe Haven Enterprise Visa (SHEV) is valid for five years and is granted on the basis that visa holders intend to work or study in nonmetropolitan areas. SHEV holders are eligible to apply for certain permanent or temporary visas after 42 months.

Section 4. Corruption and Lack of Transparency in Government

The law provides criminal penalties for corruption by officials, and the government generally implemented these laws effectively.

Corruption: All states have anticorruption bodies that investigate alleged government corruption, and every state and territory appoints an ombudsman who investigates and makes recommendations in response to complaints about government decisions. The government also appoints one commonwealth (federal) ombudsman as laws differ between states, and one process or policy cannot always be used across jurisdictions.

The Australian Capital Territory established its anticorruption commission in July.

The law requires persons and entities who have certain arrangements with, or undertake certain activities on behalf of foreign principals to register with the government.

Financial Disclosure: The law requires all federal, state, and territory elected officials to report their financial interests. Failure to do so could result in a finding of contempt of parliament and a possible fine or jail sentence. Federal officeholders must report their financial interests to a register of pecuniary interests, and the report must be made public within 28 days of the individual’s assumption of office. The law prohibits foreign campaign contributions.

Section 5. Governmental Attitude Regarding International and Nongovernmental Investigation of Alleged Abuses of Human Rights

A variety of domestic and international human rights groups generally operated without government restriction, investigating and publishing their findings on human rights cases. Government officials often were cooperative and responsive to their views.

Government Human Rights Bodies: The Human Rights Commission (HRC), an independent organization established by parliament, investigates complaints of discrimination or breaches of human rights under the federal laws that implement the country’s human rights treaty obligations. The HRC reports to parliament through the attorney general. Media and nongovernmental organizations deemed its reports accurate and reported them widely. Parliament has a Joint Committee on Human Rights, and federal law requires that a statement of compatibility with international human rights obligations accompany each new bill.

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

Austria

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

Freedom of Expression: The law prohibits incitement, insult, or contempt against a group because of its members’ race, nationality, religion, or ethnicity if the statement violates human dignity, and imposes criminal penalties for violations. The law also prohibits public denial, belittlement, approval, or justification of the Nazi genocide or other Nazi crimes against humanity in print media, broadcast media, the publication of books, and online newspapers or journals and provides criminal penalties for violations. The law also prohibits disparagement of religious teachings in public. The government strictly enforced these laws (see the Department of State’s International Religious Freedom Report at https://www.state.gov/religiousfreedomreport/).

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

Libel/Slander Laws: NGOs reported that strict libel and slander laws created conditions that discouraged reporting of governmental abuse. For example, many observers believed the ability and willingness of police to sue for libel or slander discouraged individuals from reporting police abuses.

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.

In-country Movement: Asylum seekers’ freedom of movement was restricted to the district of the reception center assigned by authorities for the duration of their initial application process until the country’s responsibility for examining the application was determined. By law, asylum seekers must be physically present in the centers of first reception for up to 120 hours during the initial application process. Authorities have 20 days in which to determine the country’s responsibility and jurisdiction for the case.

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.

Safe Country of Origin/Transit: EU regulations provide that asylum seekers who transit an EU country determined to be “safe” on their way to Austria be returned to that country to apply for refugee status. Authorities considered signatories to the 1951 refugee convention and its 1967 protocol to be safe countries of transit. The Federal Administrative Court ruled, however, that deportations to Hungary would have to be examined on an individual basis due to the possibility of human rights abuses there.

Employment: While asylum seekers are legally restricted from seeking regular employment, they are eligible for seasonal work, low-paying community service jobs, or professional training in sectors that require additional apprentices. A work permit is required for seasonal employment but not for professional training. An employer must request the work permit for the prospective employee.

Durable Solutions: There are provisions for integration, resettlement, and returns, which the country was cooperating with the Office of the UN High Commissioner for Refugees and other organizations to improve. The integration section in the Ministry for Foreign Affairs and Integration, together with the Integration Fund and provincial and local integration offices, coordinated measures for integration of refugees.

Temporary Protection: According to the Interior Ministry, in 2018 the government provided temporary protection to approximately 4,190 individuals who might not qualify as refugees but were unable to return to their home countries. According to the Interior Ministry, between January and August, the government provided temporary protection to approximately 1,455 individuals.

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. Anticorruption laws and regulations extend to civil servants, public officials, governors, members of parliament, and employees or representatives of state-owned companies. The law also criminalizes corrupt practices by citizens outside the country. The penalty for bribery is up to 10 years in prison.

Corruption: The trial of former finance minister Karl-Heinz Grasser and 15 others on embezzlement and corruption charges continued. Grasser and his codefendants were charged in connection with the 2.45 billion euro ($2.7 billion) auction sale of 62,000 state-owned apartments in 2004. Prosecutors alleged that information from the Finance Ministry under Grasser’s leadership helped the eventual auction winner by signaling the size of the bid needed to acquire the properties.

In May the vice chancellor and leader of the Freedom Party resigned after the publication of a 2017 video in which he promised a woman posing as a wealthy Russian that he could manipulate government procurement contracts to her benefit in exchange for her purchasing a major stake in a mass-tabloid newspaper and providing his party with positive media coverage. A special unit with the Vienna Prosecutor’s Office began investigating the case in May.

Financial Disclosure: Public officials are subject to financial disclosure laws; there were no reports that officials failed to comply with disclosure requirements. Politicians must publicly disclose biannually when they earn more than 1,142 euros ($1,260) for certain activities, but they are not required to disclose the amounts they earned. The law does not require public officials to file disclosure reports upon leaving office. There are no sanctions for noncompliance with financial disclosure laws.

In July campaign finance reform legislation went into effect that set new annual limits on campaign donations of 7,500 euros ($8,300) for single donations and a maximum of 750,000 euros ($830,000) in total donations from all sources. The law increases fines for violations to 150 percent of the amount of an illegal donation.

Section 5. Governmental Attitude Regarding International and Nongovernmental Investigation of Alleged Abuses of Human Rights

A number of domestic and international human rights groups generally operated without government restriction, investigating and publishing their findings on human rights cases. Government officials generally were cooperative and responsive to their views.

Government Human Rights Bodies: A human rights ombudsman’s office consisting of three independent commissioners examined complaints against the government. The ombudsman’s office is completely independent and has its own budget; parliament appoints its members. The ombudsman’s office effectively monitored government activities. A parliamentary human rights committee provides oversight.

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

Belgium

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

Freedom of Expression: Holocaust denial, defamation, sexist remarks and attitudes that target a specific individual, and incitement to hatred are criminal offenses punishable by a minimum of eight days (for Holocaust denial) or one month (incitement to hatred and sexist remarks or attitudes) and up to one year in prison and fines, plus a possible revocation of the right to vote or run for public office. If the incitement to hatred was based on racism or xenophobia, the case would be tried in the regular courts. If, however, the incitement stemmed from other motives, including homophobia or religious bias, a longer and more costly trial by jury generally would be required. The government prosecuted and courts convicted persons under these laws.

Press and Media, Including Online Media: The prohibition of Holocaust denial, defamation, sexist remarks, attitudes that target a specific individual, and incitement to hatred applies to print and broadcast media, books, and online newspapers and journals.

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

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, asylum seekers, stateless persons, or 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, including specific subsidiary protection that goes beyond asylum criteria established by the 1951 Convention relating to the Treatment of Refugees and its 1967 protocol. Refugee status and residence permits are limited to five years and become indefinite if extended.

Authorities continued to face a significant flow of “transit migrants,” defined as those who remained in the country without requesting asylum while attempting illegal travel to the United Kingdom. To address the flow, the federal government started to detain transit migrants physically to ensure their repatriation, in those cases where they could be deported to a safe country of origin. Subsidiary protection is available to transit migrants if they request it, and local governments and NGOs did inform migrants of this option. Many transit migrants, however, do not request legal status in the country, even if they are aware of the possibility to apply for subsidiary protection.

Safe Country of Origin/Transit: The country denied asylum to asylum seekers who arrived from a safe country of origin or transit, pursuant to the EU’s Dublin III Regulation.

Durable Solutions: The country accepted refugees through UNHCR, including persons located in Italy and Greece, under the EU Emergency Relocation Mechanism. The country also conducted a voluntary return program for migrants in cooperation with the International Organization for Migration.

Temporary Protection: The government also provided temporary “subsidiary” protection to individuals who did not satisfy the legal criteria for refugee status but who could not return to their country of origin due to a real risk of serious harm. Under EU guidelines, individuals granted “subsidiary protection” are entitled to temporary residence permits, travel documents, access to employment, and equal access to health care, education, and housing. In 2018 authorities granted subsidiary protection to 1,777 individuals.

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. There were isolated reports of government corruption.

Corruption: The law provides criminal penalties for official corruption, and the government generally implemented the law effectively. Following several corruption scandals in 2017 and 2018, no significant cases were reported in the current year.

Financial Disclosure: The law does not require elected officials to disclose their income or revenue, but they must report if they serve on any board of directors, regardless of whether in a paid or unpaid capacity. Officials in nonelective offices are held to the same standard. Sanctions for noncompliance are infrequent but have been used in the past when triggered by public outcry.

Section 5. Governmental Attitude Regarding International and Nongovernmental Investigation of Alleged Abuses of Human Rights

A variety of domestic and international human rights groups operated without government restriction, investigating and publishing their findings on human rights cases. Government officials generally were cooperative and responsive to their views.

Government Human Rights Bodies: Federal and regional government ombudsmen monitored and published reports on the workings of agencies under their respective jurisdictions. The Interfederal Center for Equal Opportunities (UNIA) is responsible for promoting equal opportunity and combating discrimination and exclusion at any level (federal, regional, provincial, or local). The center enjoyed a high level of public trust, was independent in its functioning, and was well financed by the government.

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

Brunei

Section 2. Respect for Civil Liberties, Including:

a. Freedom of Expression, Including for the Press

Under the law and emergency powers, the government restricted freedom of expression, including for the press.

Freedom of Expression: There is no provision for freedom of speech in the constitution or laws. Members of the LegCo may “speak their opinions freely” on behalf of citizens, but they are prohibited from using language or exhibiting behavior deemed “irresponsible, derogatory, scandalous, or injurious.” Under the law it is an offense to challenge the royal family’s authority. The law also makes it an offense to challenge “the standing or prominence of the national philosophy, the Malay Islamic Monarchy concept.” This philosophy identifies Islam as the state religion and monarchical rule as the sole form of government to uphold the rights and privileges of the Brunei Malay race. The law also criminalizes any act, matter, or word intended to promote “feelings of ill will or hostility” between classes of persons or “wound religious feelings.”

The SPC includes provisions barring contempt for or insult of the sultan, administration of sharia, or any law related to Islam. The SPC sections implemented in April provide, under certain circumstances, for death sentences for apostasy from Islam, deriding Islamic scriptures, and declaring oneself as god, among other offenses. There were no known cases of persons charged under these sections, but online criticism of the law was largely self-censored, and online newspapers did not permit comments or stories on these subjects.

In December a secular court judge convicted a former government employee in absentia for sedition based on social media comments posted in 2017 criticizing Ministry of Religious Affairs officials and halal policy. The court sentenced the man, who fled the country after pleading not guilty during initial trial hearings in 2018, to 18 months’ imprisonment.

All public musical or theatrical performances require prior approval by a censorship board composed of officials from the Prime Minister’s Office, the Ministry of Home Affairs, and the Ministry of Religious Affairs. The government interpreted the SPC to prohibit public celebration of religions other than Islam, including displaying Christmas decorations. Some establishments, however, openly sold Christmas decorations or advertised Christmas-themed events. Christmas remained an official national holiday.

Press and Media, Including Online Media: The law allows the government to close a newspaper without giving prior notice or showing cause. The law requires local newspapers to obtain operating licenses and prior government approval for hiring foreign editorial staff, journalists, and printers. The law also gives the government the right to bar distribution of foreign publications and requires distributors of foreign publications to obtain a government permit. Foreign newspapers generally were available. Internet versions of local and foreign media were generally available without censorship or blocking.

The government owned the only local television station. Three Malaysian television channels were also available, along with two satellite television services. Some content was subject to censorship based on theme or content, including religious content, but such censorship was not consistent.

Censorship or Content Restrictions: The law provides for prosecution of newspaper publishers, proprietors, or editors who publish anything with what the government deems seditious intent. Punishments include suspension of publication for a maximum of one year, a prohibition on publishers, printers, or editors from publishing, writing for, or editing any other newspaper, and the seizure of printing equipment. Persons convicted under the law also face a maximum fine of 5,000 Brunei dollars (BND) ($3,690) and a maximum prison term of three years. Journalists deemed to have published or written “false and malicious” reports may be subject to fines or prison sentences. In the past, the government shuttered media outlets and reprimanded media companies for their portrayals of certain events and encouraged reporters to avoid covering controversial topics. There were no such reports during the year. The government maintained that most censorship was aimed at stopping violent content from entering the country.

The SPC prohibits publication or importation of publications giving instruction about Islam contrary to sharia. It also bars the distribution to Muslims or to persons with no religion of publications related to religions other than Islam. The SPC bars the publication, broadcast, or public expression of a list of words generally associated with Islam (such as Quran) in a non-Islamic context. The SPC also prohibits religious teaching without written approval. There were no reports of charges under these regulations.

Journalists commonly reported practicing self-censorship because of social pressure, reports of government interference, and legal and professional concerns.

Libel/Slander Laws: The law prohibits bringing into hatred or contempt or exciting disaffection against the sultan or the government. Persons convicted under the law face a fine of BND 5,000 ($3,690), a maximum of three years in prison, or both. There were no reports of such cases during the year.

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

The government generally respected the legal right to freedom of internal movement and the right to emigrate but imposed restrictions on foreign travel and repatriation.

Foreign Travel: Government employees, including both citizens and foreign residents working on a contractual basis, must apply for exit permits to travel abroad. Government guidelines state no government official may travel alone and unrelated male and female officers may not travel together, but the government enforced this policy inconsistently. The country’s tourist passports state the bearer may not travel to Israel.

Exile: By law the sultan may forcibly exile, permanently or temporarily, any person deemed a threat to the safety, peace, or welfare of the country. There have been no cases of banishment since the country became fully independent in 1984.

f. Protection of Refugees

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

Section 4. Corruption and Lack of Transparency in Government

The law provides criminal penalties for corruption by officials, and the government generally implemented these laws effectively, although officials sometimes engaged in corrupt practices.

Corruption: Although corruption was not pervasive, the sultan publicly criticized police, the military, and the immigration and labor departments for corrupt activities by some officials, among other shortcomings. In September the high court began a high-profile trial of two former judges indicted in July 2018 on 40 corruption-related charges, including money laundering and embezzling money from Brunei’s court system. The case was particularly noteworthy because the husband-and-wife pair were very well connected–one was the son of the minister of religious affairs and the other the daughter of a retired high-ranking military officer.

Financial Disclosure: Government officials are not subject to routine financial disclosure reports, but by law officials must declare their assets if they are the subject of an investigation. The government did not make these declarations public. The Anticorruption Bureau also issued a public warning to all government workers that it is empowered to investigate any official who maintains a standard of living above or disproportionate to his or her past or present emolument.

Section 5. Governmental Attitude Regarding International and Nongovernmental Investigation of Alleged Abuses of Human Rights

Neither domestic nor international human rights groups could operate freely due to government restrictions. No registered civil society organizations dealt directly with human rights, mostly due to self-censorship. A few domestic organizations worked on humanitarian issues, such as assistance for victims of domestic violence or provision of free legal counsel for indigent defendants. They generally operated with government support, and the government was somewhat cooperative and responsive to their views, although they reported practicing self-censorship and avoiding sensitive issues. Regional and other international human rights organizations occasionally operated in the country but faced the same restrictions as all unregistered organizations.

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

Bulgaria

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. Concerns persisted, however, that corporate and political pressure, combined with the growing and nontransparent concentration of media ownership and distribution networks, as well as government regulation of resources and support for media, gravely damaged media pluralism. In October the secretary general of Reporters Without Borders described the media situation as “worse than ever.” He said that the country was “embroiled in an extremely serious media civil war,” and expressed concern about harassment of journalists, political manipulation of media, and a collapse of professional standards in the media.

According to the Bulgarian Helsinki Committee, there was a persistent deterioration in the freedom of expression and a collapse of professional and ethical standards supporting a high-quality media environment. In a public statement in September, the NGO outlined “continued trends of increased control of major media by the government, especially before the past [European Parliament] and forthcoming [local] elections.” According to Transparency International Bulgaria, media ownership “is often unclear” and many media outlets “are financially dependent on state advertising, which may color their reporting and affect any criticism they may otherwise provide of government authorities.”

The International Research and Exchanges Board’s 2019 Media Sustainability Index identified an increase in the country in crimes against media professionals, verbal attacks against journalists by government officials, and a lack of transparency in the ownership of online media contributing to the distribution of fake news and propaganda.

Freedom of Expression: The law provides for one to four years’ imprisonment for use of and incitement to “hate speech.” The law defines hate speech as instigation of hatred, discrimination, or violence based on race, ethnicity, nationality, religion, sexual orientation, marital or social status, or disability. NGOs alleged that the presence of nationalist parties in the government “empowered” supporters to use hate speech regularly.

Individuals generally criticized the government without official reprisal. In August the prosecutor general and his deputies requested from the Supreme Judicial Council a decision on whether media publishing “false information” or “manipulative allegations” about prosecutors should be prosecuted. In response, the Supreme Judicial Council’s Prosecutorial College called on the public and the media to be more tolerant and responsible when commenting on the nomination for a new prosecutor general.

Press and Media, Including Online Media: The media were active and expressed a wide variety of views. Laws restricting “hate speech” also applied to print media. Reporters Without Borders’ 2019 World Press Freedom Index reported widespread “corruption and collusion between media, politicians and oligarchs,” “judicial harassment of independent media,” as well as increased “threats against reporters.” Domestic and international organizations criticized both print and electronic media for editorial bias, lack of transparency in their financing and ownership, and susceptibility to political influence and economic incentives.

Violence and Harassment: In February investigative journalist Hristo Geshov complained that he received anonymous threats after he released a video of his initial investigation of an illegal water supply business in Troyan. In May, two unidentified persons abducted Geshov and held him captive overnight until he agreed to take down his zovnews.com story on the case. As of September there was no further information on law enforcement action to identify the abductors.

In August the specialized prosecution service accused online news provider Mediapool of vandalism and desecrating the memory of a deceased magistrate. The service condemned Mediapool for publishing a story covering the 72-hour arrest of a man who had written obscenities on the magistrate’s obituary posted inside the courthouse.

In September photojournalist Veselin Borishev spent a night in jail after police arrested him for taking pictures of them during a protest. The Interior Ministry issued an official apology and opened an internal investigation into the case.

Censorship or Content Restrictions: Journalists continued to report editorial prohibitions on covering specific persons and topics, and the imposition of political points of view by corporate leaders. According to the international NGO Association of European Journalists, self-censorship was widespread, especially in the smaller regional media.

In June, NetInfo executive director and minority shareholder Hristo Hristov complained of pressure and “increased interference in the editorial policies” of online news providers Gong, Vesti, and Dariknews from the new majority shareholders, brothers Kiril and Georgi Domuschiev. The NetInfo board of directors subsequently removed Hristov from his CEO position.

Human rights lawyers expressed concerns that changes in the Personal Data Protection Act passed in January present the government with opportunities to muzzle free speech, as they empower authorities to fine media and journalists in cases when “freedom of speech does not prevail over the right of a target of journalistic investigation to remain outside the focus of public attention.” According to the Association of European Journalists, the new legislation could force journalists to self-censor.

The Association of European Journalists protested the removal on September 12 of long-time anchor Sylvia Velikova from her rule-of-law-focused morning program on Bulgarian National Radio, attributing it to Velikova’s opposition to the nomination of Ivan Geshev as sole candidate for the next prosecutor general. Following protests, Velikova was reinstated.

Libel/Slander Laws: Libel is illegal and punishable by a fine of 3,000 to 15,000 levs ($1,680 to $8,400) and public censure. In June the Sofia City Court imposed a 1,000 lev ($560) fine on Economedia journalist Rosen Bosev in a libel lawsuit filed by the former head of the Financial Supervision Commission, Stoyan Mavrodiev, who was offended by Bosev’s statement on television that Mavrodiev had repressed Economedias Dnevnik and Capital publications. The Association of European Journalists protested the court decision, accusing Judge Petya Krancheva of “settling a score” with Bosev, who had written critical articles about her.

In January the Sofia City Court ruled against Sofia regional governor Ilian Todorov’s libel appeal against freelance journalist Ivo Indjev, who posted a series of articles online in which he called Todorov a “xenophobe,” “anti-Semite,” “pro-Nazi nationalist,” and “Kremlin marionette,” among other things. The court’s decision confirmed the trial court’s “not guilty” verdict and made the argument that “as a public person occupying a high-level government position, the claimant should possess a higher threshold of tolerance to criticism.”

b. Freedoms of Peaceful Assembly and Association

The constitution and law provide for the freedoms of peaceful assembly and association, and the government mostly 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

Abuse of Migrants, Refugees, and Stateless Persons: Human rights organizations continued to report widespread “pushbacks,” violence, robbery, and humiliating practices against migrants and asylum seekers along the border with Turkey. In August media publications citing “internal sources” from the European border control agency FRONTEX alleged that border police had “chased migrants with dogs, beaten them, and forced them back across the border.” The interior minister denied the allegations, claiming that border guards “use force only when the situation demands it, such as in cases of aggression against them.”

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, asylum seekers, stateless persons, or other persons of concern.

Refoulement: Human rights organizations criticized the government for deporting Turkish citizens back to Turkey where they would face imprisonment due to their political activity. In July, for example, the Sofia Administrative Court approved the extradition of Ilhan Karabag, a Turkish citizen of Kurdish origin, who had spent three years in a reception center as an asylum seeker. The NGO Bordermonitoring reported the presence of a representative of the Turkish diplomatic mission at the court hearings and protested, asserting the presence of the representative was an attempt to pressure the court.

Access to Asylum: The law provides for granting asylum or refugee status, and the government has established a system for protecting refugees. The president may grant asylum to persons who are persecuted for their belief or activities advocating for internationally recognized rights and freedoms. Asylum seekers and refugees who cross the border irregularly are subject to detention.

Freedom of Movement: The law restricts asylum seekers’ movement to the administrative region in which the reception center where they have been accommodated is located. The restriction is valid until the asylum procedure is completed.

Access to Basic Services: The refugee integration ordinance authorizes mayors to sign integration agreements with persons who have refugee status, specifying the services they will receive–housing, education, language training, health services, professional qualification, and job search assistance–as well as the obligations of the responsible institutions. NGOs claimed the government made inconsistent efforts to integrate refugees. According to the Asylum Information Database country report published in March, “no integration activities are planned, funded or available to the general population of recognized refugees or subsidiary protection holders.” According to the State Agency for Refugees, as of October, four refugee families totaling 27 persons had signed integration agreements, and two more families were negotiating agreements with municipal authorities.

In June the State Agency for Refugees and the International Organization for Migration inaugurated a safety zone for unaccompanied asylum-seeking children at the Voenna Rampa reception center to provide 24-hour care and specialized services in an environment adapted to their needs.

Durable Solutions: The government accepted refugees for resettlement, offered naturalization to refugees residing on its territory, and assisted in their voluntary return to their homes. As of November the country had accepted 67 relocated refugees and was in the process of interviewing another 26.

Temporary Protection: The Council of Ministers may provide temporary protection in case of mass influx of foreign nationals driven by an armed conflict, civil war, violence, or large-scale human rights violations in their country of origin, as determined by the Council of the European Union. The government also provided humanitarian protection to individuals who may not qualify as refugees and provided it to 208 persons as of September.

Section 4. Corruption and Lack of Transparency in Government

While the law provides criminal penalties for corruption by officials, the government did not implement the law effectively, and officials in all branches of government reportedly engaged in corrupt practices with impunity. During the year there were reports of government corruption, including bribery, conflict of interest, elaborate embezzlement schemes, procurement violations, and influence trading.

In March the European Commission’s annual European Semester Report identified corruption as a major obstacle to investment and noted that the “fight against corruption remains a challenge,” insisting that “authorities need to show a stable record of effectively investigating and prosecuting high-level corruption cases, including [those] involving politicians.” In its October report, the European Commission acknowledged the country’s anticorruption reform efforts but noted that its “positive effects… remain to be seen” since “very few final convictions have been adopted and enforced in cases involving high-level corruption.”

Corruption: In January Transparency International Bulgaria stated there had been no significant progress in the country’s anticorruption efforts. In March the Sega newspaper reported it had obtained official Justice Ministry information that only nine persons sentenced on petty corruption-related crimes served actual prison time. In April Standart reported that the prosecutor general stated at a national security council meeting that there were ongoing corruption investigations against 140 high-level government officials, including members of the National Assembly, ministers, deputy ministers, mayors, heads of agencies, and tax and customs officials, and that they had resulted in 39 indictments.

On April 15, the Specialized Criminal Court sentenced the former mayor of Sofia’s Mladost district, Desislava Ivancheva, to 20 years in prison, a 20,000 lev ($11,200) fine, property confiscation, and a ban on holding high-level public office for 20 years. Ivancheva’s former deputy, Bilyana Patrova, received 15 years in prison, a 15,000 lev ($8,400) fine, property confiscation, and a ban on holding high-level public office for 15 years. Another former Mladost district mayor, Petko Dyulgerov, received 12 years in prison, a 12,000 lev ($6,720) fine, and property confiscation. According to the prosecution, Ivancheva solicited a 500,000-euro ($550,000) bribe from an investor in construction projects, with Dyulgerov serving as an intermediary and Petrova acting as an accomplice.

In April the Constitutional Court abolished changes to the code on administrative procedure that had increased fees for second appeals by a factor of 14 for individuals and 70 for organizations. The court’s decision was based on petitions by the president, the ombudsman, and 53 National Assembly members who shared the opinion of NGOs that asserted the amendments imposed severe restrictions on access to administrative justice and restricted the ability to challenge the legality of acts by the public administration.

Financial Disclosure: The law mandates that government officials make annual public declarations of their assets and income as well as any circumstances in which they could face accusations of using their position for personal gain. The Commission for Combating Corruption and Forfeiture of Illicit Assets verified and monitored disclosures for all officials except magistrates, whose declarations were monitored by the Supreme Judicial Council’s inspectorate. High-level public officials and magistrates who fail to submit a financial disclosure declaration can incur fines of up to 3,000 levs ($1,680), and up to 6,000 levs ($3,360) for a repeat violation. The provision was enforced during the year. In March the commission reported identifying omissions or discrepancies in more than 10 percent of the annual declarations, attributing it to the new procedures and the lack of an information campaign.

In June the Commission for Combating Corruption and Forfeiture of Illicit Assets exonerated seven senior political figures, including the head of the Supreme Cassation Court, the minister of justice, and the ruling GERB party’s deputy chairman and National Assembly member, of conflict of interest allegations. The NGO Anticorruption Fund released a report alleging that those officials had acquired luxury real estate property at below-market value, but the commission concluded they had not used their official status to acquire the property.

Section 5. Governmental Attitude Regarding International and Nongovernmental Investigation of Alleged Abuses of Human Rights

A variety of domestic and international human rights groups generally operated without government restriction, investigating and publishing their findings on human rights cases. Human rights observers reported uneven levels of cooperation from national and local government officials. Some political parties, civic movements, and media outlets advocated closing certain NGOs because they obtained funding from foreign donors.

Government Human Rights Bodies: The ombudsman is an independent constitutional body elected by the national assembly with a five-year mandate. The ombudsman reviews individuals’ complaints against the government for violations of rights or freedoms. The ombudsman can request information from authorities, act as an intermediary in resolving disputes, make proposals to end existing practices, refer information to the prosecution service, and request the Constitutional Court to abolish legal provisions as unconstitutional.

The Commission for Protection against Discrimination is an independent specialized agency for preventing and protecting against discrimination and ensuring equal opportunity.

A National Assembly permanent committee covers religious denominations and human rights.

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

Chile

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 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.

In August reports emerged that the Army Intelligence Directorate wiretapped investigative journalist Mauricio Weibel, who was researching alleged corruption in the army, as well as four active or retired officers suspected of leaking documents to him. The directorate’s leadership stated the wiretaps were authorized by judicial authorities in 2016 and 2017, citing “national security” concerns. Both an internal army investigation and a congressional inquiry were launched. The investigations continued as of November.

b. Freedoms of Peaceful Assembly and Association

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

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, including access to education and health care.

Durable Solutions: In 2018 the government announced a Democratic Responsibility visa for Venezuelans fleeing the humanitarian crisis in Venezuela. In June the government halted visa-free entry for nonimmigrant Venezuelans. Under the government’s immigration reform, the Democratic Responsibility Visa is the primary means for Venezuelans to work or establish legal residency in Chile. In 2018 the government began facilitating the voluntary repatriation of more than 1,200 Haitians to Port-au-Prince under its Humanitarian Plan for Orderly Returns program. Haitians wishing to participate must sign a declaration that they will not return to Chile within nine years of departing.

Section 4. Corruption and Lack of Transparency in Government

The law provides criminal penalties for corruption by officials, and the government generally implemented those laws effectively. There were isolated reports of government corruption during the year.

Corruption: Two former commanders in chief of the army, Humberto Oviedo and Juan Miguel Fuente-Alba, were arrested and charged with corruption. The two were alleged to have embezzled or misappropriated more than eight billion pesos (CLP) ($11.5 million) during their terms in command of the army (2010-18). They were the highest-ranking officers to be charged in a large-scale criminal investigation that, according to the National Prosecutor’s Office, involved nearly 600 current or former officers suspected of misappropriation of funds as of November 2018. The investigation and related criminal prosecutions continued as of October.

On September 6, the Public Ministry announced additional charges against former director general of the Carabineros Eduardo Gordon, increasing the amount of funds he allegedly misappropriated to CLP 70 million ($96,000), up from the CLP 21 million ($30,000) originally announced in 2018. The charges stemmed from alleged misappropriation of representational expenses for personal use during Gordon’s time as director general of the Carabineros in 2010 and 2011. As of October the investigation was in progress.

Financial Disclosure: Law and regulation require income and asset disclosure by appointed and elected officials. Declarations are made available to the public, and there are administrative sanctions for noncompliance.

Section 5. Governmental Attitude Regarding International and Nongovernmental Investigation of Alleged Abuses of Human Rights

A number of domestic and international human rights groups generally operated without government restriction, investigating and publishing their findings on human rights cases. Government officials were cooperative and responsive to their views.

Government Human Rights Bodies: The National Institute for Human Rights (INDH) operated independently and effectively, issued public statements and an annual report, and proposed changes to government agencies or policies to promote and protect human rights. The government enacted legislation designating the INDH as the country’s National Preventive Mechanism against Torture under the Optional Protocol to the UN Convention against Torture.

The Senate and Chamber of Deputies have standing human rights committees responsible for drafting human rights legislation.

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

Croatia

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 in most cases to promote freedom of expression, including for the press. NGOs reported, however, that the government did not adequately investigate or prosecute cases in which journalists or bloggers received threats, and the Croatian Journalists’ Association (CJA) reported that lawsuits against journalists and media outlets were used as a form of censorship.

Freedom of Expression: The law sanctions individuals who act “with the goal of spreading racial, religious, sexual, national, ethnic hatred, or hatred based on the color of skin or sexual orientation or other characteristics.” The law provides for six months’ to five years’ imprisonment for conviction of such “hate speech.” Conviction for internet hate speech is punishable by six months to three years’ imprisonment. Although the law and recent Constitutional Court decisions technically impose restrictions on symbolic speech considered “hate speech,” including the use of Nazi- and (the World War II regime) Ustasha-era symbols and slogans, NGOs and advocacy groups complained that enforcement of those provisions remained inadequate.

Press and Media, Including Online Media: Independent media were active and expressed a wide variety of views without restriction. Restrictions on material deemed hate speech apply to print and broadcast media. Many private newspapers and magazines were published without government interference. Observers said, however, that information regarding actual ownership of some local radio and television channels was not always publicly available, raising concerns about bias, censorship, and the vulnerability of audiences to malign influence.

Violence and Harassment: NGOs reported that intimidation and threats, especially online threats, against journalists had an increasingly chilling effect on media freedom and that the government insufficiently addressed this problem.

On March 7, Office of Security Cooperation in Europe (OSCE) representative on freedom of the media Harlem Desir expressed concern about a March 6 police visit to the online news portal Net.hr, ostensibly to verify the identity and home address of journalist Djurdjica Klancir. Ivo Zinic, the head of Sisak County and a member of the Croatian Democratic Union, had previously filed a private defamation lawsuit against Klancir, and Desir alleged the police visit was conducted to intimidate Klancir. Zinic denied having anything to do with the police incident.

Censorship or Content Restrictions: Members of the press reported practicing self-censorship due to fear of online harassment, being sued, upsetting politically connected individuals, or losing their jobs for covering certain topics.

On September 16, Gordan Duhacek, a journalist for the online portal index.hr, was detained by police and later fined at Zagreb’s Misdemeanor Court for a July 2018 Twitter message that discussed police treatment of those arrested and contained an antipolice message. Duhacek also faced a court judgment for another tweet, a satirical rewrite of the lyrics of a patriotic song. The CJA labeled police treatment of Duhacek as intimidation. On September 17, OSCE representative Harlem Desir expressed concern about the case and stated, “Such treatment of journalists for their views is unacceptable. Freedom of expression is a fundamental human right and should be respected as such.” Dunja Mijatovic, the Council of Europe’s commissioner for human rights, said the arrest and fine for Duhacek “amount to pure intimidation of the press” and called on authorities to protect media freedom and avoid undue pressure on journalists.

Libel/Slander Laws: The country’s public broadcaster, Croatian Radio Television (HRT), filed more than 30 lawsuits against its own and other journalists, including HRT journalist and CJA president Hrvoje Zovko, who complained of censorship at the HRT and was later dismissed from his position as HRT editor. On October 29, the Zagreb Labor Court found the HRT’s dismissal of Zovko illegal and ordered him reinstated. On March 2, several hundred journalists rallied in Zagreb against the curbing of media freedoms in the country. The CJA reported there were more than 1,000 ongoing lawsuits involving journalists or media outlets. The CJA viewed these lawsuits as attacks on the independence of the media. Responding to the CJA’s claims on February 6, Prime Minister Andrej Plenkovic said, “Croatia is a free country with free media and free media ownership structure,” and “to say today that there is no media freedom in Croatia means that the person making this claim is neither reading the papers, listening to the radio, nor watching television.” On March 6, the OSCE’s Desir expressed his concern about the high number of lawsuits filed against journalists and outlets, claiming that defamation laws were being misused to intimidate journalists.

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 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: International and domestic NGOs and international organizations outside of the country such as the Office of the UN High Commissioner for Refugees (UNHCR) reported police pushbacks of migrants, some of whom may have been asylum seekers, attempting to enter the country illegally, particularly on the country’s border with Bosnia and Herzegovina, and alleged border police subjected migrants to degrading and abusive treatment, including theft and destruction of migrants’ property during pushbacks. Human Rights Watch claimed that reported police pushbacks of migrants into Bosnia and Herzegovina were illegal under international law. Amnesty International also reported police abuse of migrants and pushbacks. Interior Minister Davor Bozinovic denied reports of migrant abuse. According to Bozinovic, the Ministry of the Interior received more than 200 complaints of alleged illegal and violent pushbacks of migrants, but, following investigations, found no evidence to support the allegations.

In March the ombudsperson received an anonymous complaint by a border police officer alleging that illegal mistreatment of migrants was ordered by police superiors. The ombudsperson notified the State Attorney’s Office and requested an independent investigation. In the absence of a response from the State Attorney’s Office, in June she notified parliament. The Ministry of the Interior ultimately dismissed those claims as unsubstantiated and inaccurate.

In November there were reports of two separate shootings of migrants by police, both resulting in injuries. In the first incident, police reported an Afghan migrant was shot accidentally when a police officer fired a warning shot. The officer evacuated the migrant, who was in critical condition, to a hospital. In the second incident, police reported a migrant was accidentally shot while resisting arrest. The investigation into the first shooting was completed in December and it was found to have been an accident. There was no additional information on the status of the victim. The investigation into the second shooting was ongoing at year’s end.

Interior Minister Bozinovic said the country encouraged and promoted strengthening legal pathways for persons in need of international protection and carried out an EU resettlement program for Syrian refugees from Turkey.

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

Access to Asylum: The law provides for the granting of refugee status and subsidiary protection status and the government has established a system for providing protection to asylum seekers. NGOs reported authorities at the borders between Serbia and Bosnia and Herzegovina prevented some migrants from applying for international protection, although officials denied these reports.

Durable Solutions: During the year the government received 98 refugees and asylum seekers under the EU Resettlement Program, for a total of 250 refugees and asylum seekers since the program began in 2015. In accordance with decisions of the Council of the EU to relocate migrants from Italy and Greece, the government received an additional 81 asylum seekers and resettled 250 Syrian refugees from Turkey.

The government continued to participate in a joint regional housing program (RHP) with the governments of Bosnia and Herzegovina, Montenegro, and Serbia. The RHP aimed to contribute to the resolution of the protracted displacement situation of the most vulnerable refugees and displaced persons following the 1991-95 conflict. As of September, the RHP had provided housing to 289 families (674 individuals) in the country.

Temporary Protection: The Ministry of Interior reported that from January to December 11, the government provided asylum to 153 refugees who had a well-founded fear of persecution if they returned to their home country. The country also has a mechanism for subsidiary protection for those who do not qualify for asylum and granted protection to one person during the year.

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. State prosecutors continued to prosecute several major corruption cases involving mayors, politicians, and public figures, and the judiciary generally imposed statutory penalties in cases in which there was a conviction. High-profile convictions for corruption, however, were frequently overturned on appeal. Corruption remained a problem, and significant numbers of high-profile corruption cases were underway.

Corruption: Several corruption cases against former high-level government officials reported in previous years were still pending. On May 23, the Supreme Court increased the corruption sentence of former prime minister Ivo Sanader to six years’ imprisonment, after prosecutors appealed an earlier four-and-a-half-year sentence from a lower court. Sanader was found guilty of assisting former Croatian Democratic Union member of parliament Stjepan Fiolic in a 2009 real estate deal that provided Sanader 17 million kuna ($2.6 million) in proceeds. Separate trials continued against Sanader on other corruption-related charges. On December 30, in one of these, the Zagreb County Court sentenced Sanader to a first instance appealable ruling of six years’ imprisonment for accepting a bribe of approximately $11 million during 2009 negotiations with Hungarian energy firm Hungarian Oil and Gas Public Limited Company, which was seeking management control of Croatian energy firm Oil Company, Public Stock Company.

The Office for the Suppression of Corruption and Organized Crime launched an investigation into former administration minister Lovro Kuscevic, who, while mayor of a municipality on Brac Island, was suspected of initiating an unlawful change in the municipality’s urban plan as well as enabling his brother-in-law to buy a government-subsidized flat. He resigned as minister in July and returned to parliament, which later stripped him of immunity from prosecution. The investigation covered three other officials suspected of abuse of office, incitement to abuse, and giving false depositions. The case was ongoing at year’s end.

Financial Disclosure: The law requires that public officials declare their assets and income, and government officials generally complied with this requirement. This information was available to the public. Fines are the penalty for noncompliance. During the year the Commission for Dealing with the Conflict of Interest fined two members of parliament, Ivan Sincic and Anka Mrak Taritas, and one state secretary, Zeliko Uhlir, for irregularities in their financial disclosure forms.

Section 5. Governmental Attitude Regarding International and Nongovernmental Investigation of Alleged Abuses of Human Rights

A variety of domestic and international human rights groups sometimes operated without government restriction, investigating and publishing their findings on human rights cases. Domestic NGOs working on migrants’ rights issues, however, reported police pressure. Two NGOs claimed their contracts to provide refugee services in asylum seeker reception centers were terminated due to their public criticism of police for alleged violence against migrants (see section 2.f.). Government officials generally were cooperative and responsive to their views.

Government Human Rights Bodies: The country has an ombudsperson for human rights who investigated complaints of human rights abuses, as well as three additional ombudspersons for gender equality, disabled persons, and children. The law stipulates that parliament cannot dismiss the ombudsperson for human rights because of dissatisfaction with his or her annual report. Parliament may dismiss the other three if it does not accept their annual reports. Ombudspersons admitted that this limited their ability to do their jobs thoroughly and independently and imposed political influence over their work.

The law authorizes ombudspersons to initiate shortened procedures in cases where there is sufficient evidence of the violation of constitutional and legal rights.

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

Czech Republic

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, 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. The law provides for some limitations to this freedom, including in cases of hate speech, Holocaust denial, and denial of communist-era crimes.

Freedom of Expression: The law prohibits speech that incites hatred based on race, religion, class, nationality, or other group affiliation. It also limits the denial of the Holocaust and communist-era crimes. Individuals who are found guilty can serve up to three years in prison. The law is also applied to online, print, and broadcast media.

Press and Media, Including Online Media: Independent media were active and expressed a wide variety of views. President Zeman, his spokesperson, and parties on the far right and left publicly alleged bias in both public and private media outlets. The Freedom and Direct Democracy Party (SPD) and the Communist Party openly sought to appoint politically polarizing figures to public media supervisory boards, raising concerns they were attempting to violate the political neutrality of these institutions.

The law prohibits elected officials from controlling media properties while in office. Prime Minister Babis placed ownership of his media assets in a trust fund in 2017. Critics alleged this situation could encourage self-censorship with respect to media coverage of the government.

Transparency International lodged an administrative complaint against Prime Minister Babis in August 2018, alleging that, despite moving his commercial holdings into two trusts in early 2017, Babis still controlled media properties. In January the municipal office where Babis resided determined he had a conflict of interest and imposed a fine of 200,000 crowns ($8,600). The initial ruling was overruled twice by a higher court who halted the proceedings in September, stating it could not prove the prime minister influenced media through his company. Transparency International stated it would file a request with the Ministry of Justice to review the decision.

b. Freedoms of Peaceful Assembly and Association

The constitution and law provide for the freedom 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

Abuse of Migrants, Refugees, and Stateless Persons: Acts of physical intimidation and vandalism remained serious concerns. NGOs focusing on migration issues reported an increase in telephone and email threats, including death threats (see section 6, Other Societal Violence and Discrimination).

The government cooperated 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, or other persons of concern.

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 and other specifically endangered foreign nationals.

According to the Ministry of Interior, during the first eight months of the year the average length of asylum procedures was 73 days. The length of asylum procedures in 90 percent of all cases met all legal requirements. In the remaining cases, asylum applicants received information about new deadlines for completing the asylum process in compliance with the law. Under the law, the Ministry of Interior should decide on asylum cases within six months if the applicant has submitted all required documents. Observers criticized the length and substance of some decisions.

The ombudsperson’s office issued an official complaint in February criticizing the Ministry of Interior for exceeding the legal deadlines for processing asylum applications for 78 Chinese Christians who filed asylum requests in 2016. The office also stated the ministry failed to inform parties about the deadline extension. In February 2018 the ministry granted asylum to eight individuals and rejected the remaining applications. According to ministry officials, the applicants were not able to prove their claims of persecution or that their lives were in danger as practicing Christians. Most of the rejected applicants appealed the ministry’s decisions in court, and some cases were returned to the ministry for review.

In April the Constitutional Court ruled former justice minister Robert Pelikan’s March 2018 decision to extradite Russian hacker Yevgeny Nikulin violated Nikulin’s rights because his asylum claim was still in process. The ruling prevents future extraditions from occurring while an asylum claim is still in process.

Safe Country of Origin/Transit: The country generally adheres to the Dublin III Regulation, which calls for authorities to return asylum seekers to the first EU country they entered. The Ministry of Interior accepted asylum applications from individuals arriving from or through countries deemed to be safe, as defined by law. Authorities reviewed all cases individually, but usually did not grant international protection to these applicants. Authorities added 12 countries to the list of safe countries in March.

Freedom of Movement: The length of detention for illegal migrants and rejected asylum seekers was shortened due to implementing a voluntary return system. By law, migrants facing deportation or waiting for voluntary repatriation because of ordered deportation can be detained for up to 180 days. If there are children accompanying the adults, detention can last no more than 90 days with no possibility of further extension. Vulnerable persons, including families, cannot be detained if they apply for international protection.

As of September there were 75 migrants in detention facilities in the country. Five migrants were in a detention facility specifically designed for vulnerable groups, single women without children, and families with children. The Ministry of Interior reported there were no displaced children in the country during the year.

In December 2018 the Constitutional Court annulled some parts of the 2017 amendment to the foreigners’ law ruling courts must still review the legality of detaining foreign nationals even after their release or deportation to ensure they were not detained illegally despite an attempt by the government to eliminate this procedure. The Constitutional Court also annulled a provision that halted foreign nationals’ temporary or permanent residence proceedings if it became apparent they were in the country illegally or had a deportation order.

Durable Solutions: A national integration program managed by the government in close cooperation with UNHCR and NGOs continued. Under the State Integration Program, beneficiaries of international protection are entitled to temporary accommodation, social services, Czech language training, and assistance with finding employment and permanent housing. Children are entitled to school education. In July the government amended the foreigners’ law to include government funding for integration centers beginning July 2020. The centers were previously dependent on EU funding.

The Ministry of Interior runs a long-term program to resettle vulnerable persons with Czech roots back in the Czech Republic. Under the program, the ministry in 2018 resettled approximately 2,000 persons from Ukraine and Venezuela.

The Ministry of Interior started its own assisted voluntary return program in 2017 and effectively used it to help 378 individuals return to their country of origin in 2018. As of September 1, approximately 222 individuals had been voluntarily returned to their countries of origin in 2019.

Temporary Protection: The government provided temporary protection (called “subsidiary protection” in the EU) to individuals who may not qualify as refugees. As of September 1, subsidiary protection was granted to 66 individuals during the year. Under EU guidelines, individuals granted subsidiary protection are eligible for temporary residence permits, travel documents, access to employment, equal access to health care and housing, and school education for children.

In July the Ministry of Interior granted subsidiary protection to eight Taiwanese fraud suspects detained in Prague. The group was arrested in February 2018 following a Chinese Interpol notice that it had defrauded Chinese women in Australia. The Prague High Court ruled in June the suspects could be extradited from the Czech Republic to China. The Ministry of Interior granted them subsidiary protection due to concerns they would not receive a fair trial in China.

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. An offender may face up to 12 years in prison and property forfeiture. Several high-level political figures were under investigation in various regions for manipulating public contracts (e.g., the highway toll system) and abuse of official power. Court procedures were administratively demanding, and courts sometimes artificially prolonged the cases to allow lower sentencing.

Corruption remained a problem among law enforcement bodies, and the most common forms of corruption included: leaking information for payments; the unauthorized use of law enforcement databases, typically searching for derogatory information; unlawful influencing of law enforcement procedures; and blackmail.

In December the government passed legislation intended to prevent political candidates or close acquaintances from filling positions on supervisory boards in state-owned companies, beginning January 1, 2020. Candidates for these positions are to be selected in a clear, transparent process that prioritizes technical expertise and is reviewed by an advisory committee.

After 14 years of criminal proceedings, Judge Jiri Berka was sentenced to eight and a half years in prison in November 2018. He was arrested in 2005 on charges of criminal conspiracy and fraud for falsifying the bankruptcies of 10 companies, causing damages worth 264 million crowns ($11.3 million). The appeals court lowered the penalty to seven years due to the length of the procedure, and Berka began serving his sentence in April.

On October 7, David Rath, a former minister of health and former governor of Central Bohemia, began serving a seven-year sentence after a four-year appeals process. Rath was sentenced in 2015 to seven years in prison and fined 10 million crowns ($430,000) on charges of accepting a seven million crown ($300,000) bribe in 2012. Observers criticized the case’s length despite the existence of strong supportive evidence.

Observers criticized the tenuous position of principal prosecutors whom, under existing legislation, the government can remove from office without cause.

Corruption: In November the European Commission (EC) delivered a final audit examining Prime Minister Babis’ potential conflict of interest due to his alleged continued control over his Agrofert conglomerate, which had been transferred into trust funds in 2017. As of year’s end, the results of the audit had not officially been made public; the government is required to respond to the report in early 2020. In a separate case, Czech prosecutors reopened legal proceedings in December to review allegations that he had improperly received agricultural subsidies from the European Union.

Financial Disclosure: Public officials’ asset declarations are available on the internet in a limited form or by request submitted to the Ministry of Justice. The Ministry of Justice can impose penalties of up to 50,000 crowns ($2,000) for noncompliance, but many politicians either did not or only partially fulfilled their obligation. The law also requires judges, prosecutors, directors of research institutions, and selected professional army personnel to disclose their assets. Their information is not available to the public for security reasons.

An amendment to the Free Access to Information law was passed in March that introduced new measures to strengthen citizens’ right to information beginning in 2020. Under the new law, citizens would be able to request a higher-ranking office to compel a subordinate office to provide requested information, absent grounds for refusal. The Office for Personal Data Protection would now have the right to issue similar orders and to review decisions not to provide information.

Parliament amended the Registry of Public Contracts law in June and partially canceled exceptions for major state-owned companies, such as Czech Energy Company, Czech Railways, Prague Gas Company, and others. As of November 1, the companies were obliged to publish all private and grant contracts or repayable financial assistance at the registry if not subject to other exceptions, such as contracts with a value of 50,000 crowns ($2,000) or less. Observers complained sponsorship contracts, legal advisory, and media services would be excluded. The registry is available to the public.

Section 5. Governmental Attitude Regarding International and Nongovernmental Investigation of Alleged Abuses of Human Rights

A variety of domestic and international human rights groups generally operated without governmental restriction, investigating and publishing their findings on human rights cases. Government officials were often cooperative and responsive to their views, although some politicians disparaged NGOs in public remarks. Additional proposals to restructure state financing for NGOs resulted in general uncertainty about future funding.

Government Human Rights Bodies: The government abolished the position of minister for human rights in 2018. The director of the Section for Human Rights at the Office of the Government holds the title of commissioner for human rights.

The Office of the Government had several advisory and working-level bodies related to human rights, such as the Government Council for Human Rights, the Interministerial Commission for Romani Community Affairs, the Council for National Minorities, the Anticorruption Committee, and the Board for Persons with Disabilities.

The ombudsperson operated without government or party interference and had adequate resources. Human rights observers generally regarded the ombudsperson as effective. The office issued quarterly and annual reports to the government on its activities in addition to reports and recommendations on topics of special concern. The most frequent discrimination complaints reported to the ombudsperson related to ethnic, disability, and age-based discrimination.

In addition to the public defender of rights, there were ombudspersons for security forces and for education.

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

Denmark

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.

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

b. Freedoms of Peaceful Assembly and Association

The constitution provides for the freedoms of peaceful assembly and association, and the government 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 and law provide 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 established a system for providing protection to refugees. The government limits the rights of persons with subsidiary or temporary protection to family reunification, restrictions not applied to persons recognized as refugees.

In September the government stated it would close Sjaelsmark, a departure center run by the Danish Prison and Probation Service for rejected asylum seekers who cannot be returned to their country of origin. The editor of an NGO’s informational website, Refugees.dk, wrote that conditions at Sjaelsmark were “deliberately as unpleasant as possible.” Residents were not allowed to work, cook, or claim benefits. An April report by the Danish Red Cross found a significant proportion of children living at the center suffered from difficulty sleeping and decreased appetite. On November 21, the government and its supporting parties signed a deal which committed the government to remove 220 children and their parents from the Sjaelsmark Departure Center before April 2020.

Freedom of Movement: On July 19, the Supreme Court ruled illegal the extended detention of a rejected Iraqi asylum seeker. The law limits the initial period of immigration detention to six months, which can be extended to 18 months if special circumstances exist. Authorities allegedly extended the Iraqi’s detention past six months to influence cooperation with deportation proceedings.

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

Access to Basic Services: A law adopted on February 21 (see next paragraph) allows municipalities to accommodate refugees only in temporary housing, and cuts cash benefits for caregivers by approximately 20 percent.

Durable Solutions: On February 21, parliament enacted a “paradigm shift” in policy to encourage repatriation of refugees rather than their integration into the country’s society. The new law eliminated the possibility of long-term residency permits for refugees. The government did not participate with the Office of the UN High Commissioner for Refugees (UNHCR) in its program to resettle refugees.

Temporary Protection: Through the end of October, the government provided temporary protection to 254 persons who may not qualify as refugees. The figure in 2018 was 406 persons.

Section 4. Corruption and Lack of Transparency in Government

Corruption: On December 6, police announced two former civilian employees of the Ministry of Defense Estate Agency were charged with receiving bribes. One of the charged allegedly received bribes in services valued at 174 million kroner ($26.1 million), while the other allegedly received bribes in goods worth 35,250 kroner ($5,286). The case involves more than 450 alleged specific instances of wrongdoing. Three private sector employees were charged with paying bribes, complicity in paying bribes, aggravated breach of trust, and breach of trust.

Financial Disclosure: Reporting of personal finances, including from positions with private and public companies, personal businesses, donors, foreign gifts, and past/future salaries is mandatory but not enforced. Government officials may not work on specific matters in which they, persons they represent, or persons with whom they have close relations have a personal or economic interest. Officials must inform their superiors of any possible conflicts of interest that might disqualify them.

Section 5. Governmental Attitude Regarding International and Nongovernmental Investigation of Alleged Abuses of Human Rights

A variety of domestic and international human rights groups generally operated without government restriction, investigating and publishing their findings on human rights cases. Government officials were cooperative and responsive to their views.

Government Human Rights Bodies: The parliamentary ombudsman investigated complaints regarding national and local public authorities and any decisions authorities made regarding the treatment of citizens and their cases. The parliamentary ombudsman can independently inspect prisons, detention centers, and psychiatric hospitals. A European ombudsman ensured Danish compliance with EU basic rights, a consumers’ ombudsman investigated complaints related to discriminatory marketing, and two royal ombudsmen liaised between the Danish government and the governments in the Faroe Islands and Greenland. These ombudsmen enjoyed the government’s cooperation, operated without government or political interference, and were considered effective.

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

Estonia

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 speech, 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

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.

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 NGO Estonian Human Rights Center (EHRC) and other NGOs provided legal and social assistance to asylum seekers in cooperation with authorities. Government officials indicated that access to legal aid was available at every stage of the asylum procedure. The EHRC continued to raise concerns about the prolonged detention of asylum seekers during adjudication of cases.

Safe Country of Origin/Transit: The government has a policy of denying asylum to applicants from a “safe” country of origin or transit. Authorities asserted that they granted interviews to all individual asylum seekers.

Durable Solutions: The government assisted in the safe, voluntary return of some refugees to their countries of origin under a program of the International Organization on Migration. The country worked with the EU and the Office of the UN High Commissioner for Refugees (UNHCR) to implement a refugee resettlement program. Naturalization is open to all permanent residents of the country after five years’ residence, provided they pass mandatory citizenship and language examinations.

Temporary Protection: The government provided temporary protection to individuals who may not qualify as refugees. Temporary protection includes right to work, access to education, and health care. In 2018 the government granted temporary protection via residence permit to one person.

Section 4. Corruption and Lack of Transparency in Government

The law provides criminal penalties for corruption by officials, and the government generally implemented these laws effectively. The government has effective mechanisms to investigate and punish abuse and corruption. There were isolated reports of official corruption during the year.

Corruption: In December 2018 the Supreme Court terminated criminal proceedings (launched in 2015) against former prime minister, minister, mayor of Tallinn, and former long-serving Center Party chairman Edgar Savisaar due to his declining health. The Office of the Prosecutor General accused Savisaar of large-scale embezzlement, accepting bribes, money laundering, and accepting prohibited donations to his party.

In 2017 the Prosecutor General’s Office pressed charges against two former top managers of the state-owned Port of Tallinn, former CEO Ain Kaljurand and former board member Allan Kiil, who were indicted on charges of accepting bribes on multiple occasions and engaging in money laundering from 2005 to 2015. Each was charged with receiving millions of euros in bribes. The court case was pending.

In 2018 the number of corruption cases was approximately the same as in 2017. These cases were often related to the health sector.

Financial Disclosure: The law requires all public officials to disclose their income and assets. Designated offices have responsibility for monitoring and verifying disclosures. The financial declarations of high-level government officials were available to the public, and there are criminal and administrative sanctions for noncompliance with the law.

Section 5. Governmental Attitude Regarding International and Nongovernmental Investigation of Alleged Abuses of Human Rights

A number of domestic and international human rights groups operated without government restriction, investigating and publishing their findings on human rights cases. Government officials were cooperative and responsive to their views.

Government Human Rights Bodies: The legal chancellor, an independent official with a staff of more than 45, performs the role of human rights ombudsman. The chancellor reviews legislation for compliance with the constitution; oversees authorities’ observance of fundamental rights and freedoms and the principles of good governance; and helps resolve accusations of discrimination based on gender, race, nationality (ethnic origin), color, language, religion, social status, age, disability, or sexual orientation. The legal chancellor also makes recommendations to ministries and local governments, requests responses, and has authority to appeal to the Supreme Court. The chancellor compiles an annual report for the parliament. Public trust in the office was high, and the government was responsive to its reports and decisions.

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

Finland

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.

Freedom of Expression: Public speech intended to incite discrimination against any national, racial, religious, or ethnic group is a crime. Hate speech is not a separate criminal offense but may constitute grounds for an aggravated sentence for other offenses.

Press and Media, Including Online Media: The distribution of hate material intended to incite discrimination against any national, racial, religious, or ethnic group in print or broadcast media, books, or online newspapers or journals is a crime.

Independent media were active and expressed a wide variety of views with little restriction.

Violence and Harassment: Journalists who covered sensitive topics, including immigration, far-right organizations, and terrorism, reported continuing harassment by private entities, including being targeted by defamation cases.

On April 12, the Oulu District Court convicted and fined journalist Johanna Vehkoo of the investigative journalistic website Long Play for defamation of Oulu city councilor Junes Lokka, an anti-immigration activist with a history of making xenophobic remarks and a member of the Genuinely Finnish Joint List political group. Vehkoo had called Lokka a “Nazi,” “Nazi clown,” and “racist.” Separately on April 1, Lokka himself was charged with four counts of defamation and invasion of privacy for his internet postings.

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 and law provide for freedom of internal movement, foreign travel, emigration, and repatriation, and the government generally respected these rights. The government continued to accept returned asylum seekers who had first entered in Finland but then moved on to other European countries according to the Dublin Regulation.

f. Protection of Refugees

Refoulement: On November 14, the ECHR decided that the government violated the European Convention on Human Rights when it deported an Iraqi man to his country of origin, where he was killed three weeks later. The ECHR found that authorities had not carried out a sufficiently thorough assessment of the risks faced by the man despite accepting his account of enduring two attacks on his personal safety while in Iraq. The police and Finnish Immigration Service subsequently suspended repatriations to Iraq, although this suspension does not apply to convicted criminals.

Following an investigation in Afghanistan in 2018, the government resumed deportation flights to that country during the year.

The number of Russian-origin members of Jehovah’s Witnesses applying for asylum based on alleged religious persecution increased significantly over 2018, reaching 200 individuals by the first seven months of the year. The Finnish Immigration Service rejected approximately 90 percent of the claims by members of Jehovah’s Witnesses, and unofficial reports indicated that asylum adjudicators did not consider membership in the church alone to be sufficient basis for an asylum claim.

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. Parliament sets an annual quota for refugee admissions, and the government decides its allocation. Asylum seekers have the right to free legal representation throughout their application procedure. There were numerous reports by media and civil society organizations, including the president of the Supreme Administrative Court responsible for reviewing asylum decision appeals, that asylum seekers lacked adequate access to legal assistance during the initial stages of the asylum application process and during subsequent appeals.

Safe Country of Origin/Transit: The government adheres to the EU’s Dublin III Regulation that establishes which EU member state is responsible for examining an asylum application.

Durable Solutions: According to the Finnish Immigration Service, 606 refugees were accepted for resettlement in the country during 2018. The government also assisted in the safe, voluntary return of migrants to their home countries.

Temporary Protection: From January to August, the government provided temporary protection to 289 individuals who did not qualify as refugees but who were deemed to qualify for subsidiary protection. During the same period, the government also offered protection to 278 individuals based on “other grounds,” including medical and compassionate grounds.

Section 4. Corruption and Lack of Transparency in Government

The law provides criminal penalties for corruption by officials, and the government generally implemented these laws effectively. There were isolated reports of government corruption during the year.

Financial Disclosure: By law, appointed and elected officials must each year declare their income, assets, and other private interests that could overlap with their official duties. Officials must make their initial declaration within two months of assuming office and declare any potential conflicts of interest that arise during their tenure. The law does not provide for specific criminal penalties for nondisclosure. By law income and asset information from the tax forms of all citizens must be made public each year.

Section 5. Governmental Attitude Regarding International and Nongovernmental Investigation of Alleged Abuses of Human Rights

A number of domestic and international human rights groups generally operated without government restriction, investigating and publishing their findings on human rights cases. Government officials often were cooperative and responsive to their views.

Government Human Rights Bodies: The parliamentary ombudsman enjoyed the government’s cooperation, operated without government or party interference, and had adequate resources. The parliamentary ombudsman investigates complaints that a public authority or official failed to observe the law, fulfill a duty, or appropriately implement fundamental human rights protections.

The Human Rights Center operates as part of the parliamentary ombudsman’s office. The center’s functions include promoting human rights, reporting on the implementation of human rights obligations, and cooperating with European and international bodies on human rights matters. The center does not have authority to investigate individual human rights abuses. A delegation of representatives from civil society who participated in promoting and safeguarding human rights frequently cooperated with the center.

The parliamentary Constitutional Law Committee analyzes proposed legislation for consistency with international human rights conventions. The committee deals with legislation relating to criminal and procedural law, the courts, and the prison system.

The law requires the ombudsman for children, the nondiscrimination ombudsman, and the ombudsman for equality impartially to advance the status and legal protection of their respective reference groups. These ombudsmen operate under the Ministry of Justice. Responsibility for investigating employment discrimination rests solely with the Occupational Safety and Health Administration in the Ministry of Social Affairs and Health.

Responsibility for developing antidiscrimination policies and legislation as well as for the Advisory Board for Ethnic Relations resides with the Ministry of Justice’s Unit for Democracy, Language Affairs, and Fundamental Rights. The Advisory Board for Ethnic Relations advocates for policy changes to improve integration.

The nondiscrimination ombudsman also operated as an independent government-oversight body that investigates discrimination complaints and promotes equal treatment within the government. The nondiscrimination ombudsman also acted as the national rapporteur on trafficking in human beings and supervised the government’s removal of foreign nationals from the country.

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

France

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

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

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

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

Violence and Harassment: In April the NGO Reporters without Borders (RSF) released its annual report that noted growing hatred directed at reporters in the country and an “unprecedented” level of violence from both protesters and riot police directed at journalists during Yellow Vest protests. RSF reported dozens of cases of police violence and excessive firing of flash-ball rounds at reporters.

Secretary general of RSF Christophe Deloire met with President Macron on May 3 to discuss the issue, and with Interior Minister Castaner on June 18. According to Deloire, President Macron committed to following the issue closely. Following the Castaner meeting, RSF described the exchange as frank and constructive and said Castaner promised to consider RSF’s proposals to limit police violence against journalists. Nonetheless, on December 20, RSF filed a complaint with the Paris public prosecutor’s office related to police violence during the Yellow Vest demonstrations between November 2018 and May 2019.

Libel/Slander Laws: Defamation is a criminal offense, although it does not carry the possibility of imprisonment as punishment. The law distinguishes between defamation, which consists of the accusation of a particular fact, and insult, which does not.

National Security: The Committee to Protect Journalists raised concerns about police and prosecutors questioning reporters on national security grounds. On May 23, police summoned a senior correspondent for Le Monde newspaper who had been reporting extensively on a corruption scandal within the Macron government centered on the misconduct of a former security aide, Alexandre Benalla. The reporter, Ariane Chemin, was brought for questioning for having published the name of a former member of the special forces, a charge which stemmed from the antiterrorism law.

b. Freedoms of Peaceful Assembly and Association

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

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 law permits the government to cancel and seize passports and identification cards of French nationals in some circumstances, such as when there are serious reasons to believe that they plan to travel abroad to join a terrorist group or engage in terrorist activities.

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

f. Protection of Refugees

Abuse of Migrants, Refugees, and Stateless Persons: Local authorities of Grande-Synthe, in the north of France, and eight local associations approached the Council of State with concerns about the migrants’ living conditions, the “inaction” of the state, and the “violation of fundamental rights” at a gymnasium in the commune of Grande-Synthe housing hundreds of migrants in conditions NGOs described as a violation of fundamental rights. On June 21, the Council of State, the country’s highest administrative court, ordered authorities to install water points, showers, and toilets in the gymnasium. The Council of State gave regional authorities eight days to install “sufficient” resources and to provide some 700 migrants with information, in their own languages, about their rights. The Council ruled that the state had been deficient in executing its responsibility to ensure “the right not to be submitted to inhuman or degrading treatment.” Regional authorities cooperated with the ruling. In September police moved approximately 1,000 persons from the gymnasium and the surrounding tent settlement to emergency shelters elsewhere in northern France. NGOs, including Doctors of the World and Care4Calais, criticized the lack of transparency on where migrants were being taken and described the evictions as a “show of institutional violence.”

Beginning November 6, the government began a push to evacuate migrant camps before the end of the year and resettle or relocate inhabitants “in line with government regulations.” From November 6 to December 4, police evacuated at least four migrant camps housing an estimated 3,500 to 4,000 migrants around the country. On November 28, a group of 20 NGOs, including Doctors without Borders and the human rights organization La Cimade, issued a statement criticizing the “infernal cycle of camps, evacuations, and police harassment” and the continuation of evacuations without providing viable long-term housing solutions. Within 48 hours of one evacuation, the group noted “the return to the street of dozens of people” who did not “meet the required administrative criteria” for more permanent housing.

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

Refoulement: Amnesty International France and La Cimade criticized the country for its deportation of migrants to Afghanistan, stating on October 25 that the level of attacks on civilians in Afghanistan meant “forced deportations of Afghans are illegal and violate the principle of nonrefoulement.” On September 9, InfoMigrants news organization reported the Ministry of Interior confirmed 11 deportations to Afghanistan in 2018, the same number as in the previous year. Deportations to Afghanistan continued during the year.

Access to Asylum: The country’s laws provide for the granting of asylum or refugee status, and the government has a system for providing protection to refugees. The system was active and accessible to those seeking protection. The Office for the Protection of Refugees and Stateless Refugees (OFPRA) provided asylum application forms in 24 languages, including English, Albanian, Russian, Serbo-Croatian, Turkish, Tamil, and Arabic. Applicants, however, must complete them in French, generally without government-funded language assistance. Applications for asylum must be made on French territory or at a French border-crossing point. Asylum seekers may request from a French embassy or consulate a special visa for the purpose of seeking asylum in France. After arrival in France, the visa holder must follow the same procedure as other asylum seekers in France; however, the visa holder is authorized to work while his or her asylum application is processed and evaluated, unlike other applicants. Asylum seekers may appeal decisions of the OFPRA to the National Court on Asylum Law.

In 2018 parliament adopted an asylum and immigration bill intended to reduce the average time for processing asylum applications to six months and shorten from 120 to 90 days the period asylum seekers have to make an application. It also includes measures to facilitate the removal of aliens in detention, extend from 45 to 90 days the maximum duration of administrative detention, and from 16 to 24 hours the duration of administrative detention to verify an individual’s right to stay. The new law extends the duration of residence permits for subsidiary and stateless refugees from one year to four years and enables foreigners who have not been able to register for asylum to access shelter. It includes measures to strengthen the protection of girls and young men exposed to the risk of sexual mutilation, states that a country persecuting LGBTI persons cannot be considered “safe,” and adopts protective provisions on the right to remain for victims of domestic violence. By law unaccompanied migrant children are taken into the care of the child protection system.

OFPRA stated that priority attention was given to female victims of violence, persons persecuted on the basis of their sexual orientation, victims of human trafficking, unaccompanied minors, and victims of torture.

In a report published June 5, Amnesty International accused authorities of harassing, intimidating, and assaulting people offering aid to migrants in the north of France in a deliberate attempt to discourage their work. The report, Targeting Solidarity, noted that security forces engaged in a deliberate attempt “to curtail acts of solidarity” offered by activists to migrants, asylum seekers and refugees. Authorities harassed, intimidated, and even violently assaulted people offering humanitarian aid and other support.

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

Freedom of Movement: Authorities maintained administrative holding centers for foreigners who could not be deported immediately. Authorities could hold undocumented migrants in these facilities for a maximum of 90 days, except in cases related to terrorism. There were 24 holding centers on the mainland and three in the overseas territories with a total capacity of 1,970 persons.

On June 4, six refugee and migrant assistance associations (Association Service Social Familial Migrants, Forum-Refugies-Cosi, France Terre d’Asile, Cimade, Ordre de Malte, and Solidarite Mayotte) released a joint annual report that estimated 45,000 undocumented migrants were placed in administrative holding centers in 2018, representing a slight decrease from 47,000 in 2017.

According to the associations’ annual report, the government detained 1,429 children. The report noted, however, that in 86 percent of the cases, the duration of detentions did not exceed 48 hours. Since the law prohibits the separation of children from their parents, they were detained together. Civil society organizations continued to criticize the provision of the 2018 asylum and immigration bill that doubled the maximum detention time for foreigners subject to deportation to up to 90 days.

On September 17, authorities cleared more than 800 migrants, mainly Iraqi Kurds, from a makeshift camp near the northern port of Dunkirk, after the Lille administrative court ruled on September 4 it had become a health and security hazard. A total of 811 persons, including 506 young men and 58 unaccompanied minors, were cleared from the gym and makeshift camp. They were resettled in public facilities elsewhere in the country while they waited for the government to register and review their eligibility for asylum.

Durable Solutions: The government has provisions to manage a range of solutions for integration, resettlement, and return of migrants and unsuccessful asylum seekers. The government accepted refugees for resettlement from other countries and facilitated local integration and naturalization, particularly of refugees in protracted situations. The government assisted in the safe, voluntary return of migrants and unsuccessful asylum seekers to their home countries. In 2018 the government voluntarily repatriated 10,678 undocumented migrants, including 2,709 minors, to their countries of origin. On September 6, the Ministry of the Interior announced a temporary increase of financial return aid to foreigners (except those from the EU or visa-exempt countries) from 650 euros ($715) to 1,850 euros ($2,035).

Temporary Protection: Authorities may grant individuals a one-year renewable permit and can extend the permit for an additional two years. According to OFPRA, the government did not grant temporary protection in 2018, the most recent year for which information was available.

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. There were some reports of government corruption during the year.

Corruption: On October 18, Patrick Balkany, mayor of the Parisian suburb Levallois-Perret, and his wife Isabelle, deputy mayor, received prison sentences for money laundering of five and four years, respectively. The couple, both 71, were also barred from holding public office for 10 years. The court dropped corruption charges for lack of evidence. The sentence came a month after their conviction on tax fraud charges, for which Patrick Balkany received a four-year sentence and Isabelle a three-year sentence, in addition to a 10-year bar on holding elected office. The pair were charged with hiding two luxury villas and other assets from the tax authorities and evading around four million euros ($4.4 million) in taxes.

Financial Disclosure: The president, members of parliament and the European Parliament, ministers, regional and departmental council heads, mayors of larger communities, and directors of government-owned companies (post office, railway, and telephone) are required to declare their personal assets to the Commission for the Financial Transparency of Political Life at the beginning and end of their terms. The commission issued and made available to the public periodic reports on officials’ financial holdings on a discretionary basis at least once every three years. Officials who fail to comply are subject to sanctions.

The Central Office for Combating Corruption and Financial and Tax Crimes investigated offenses including tax fraud, influence peddling, and failure of elected officials to make financial disclosures or report their own violations of the law.

On September 15, Justice Minister Nicole Belloubet admitted that she “forgot to mention” her ownership shares, totaling 336,000 euros ($370,000), of three properties in a 2017 financial disclosure. She corrected the document after being questioned by political opponent Jean-Luc Melenchon. The properties did not appear in a first statement filed in 2017, but they were included in a later 2017 disclosure. Belloubet stated the omission was in error and added that she had declared these properties in previous asset declarations. She stated that the High Authority for the Transparency of Public Life had recognized she had “no intention of fraud.”

Section 5. Governmental Attitude Regarding International and Nongovernmental Investigation of Alleged Abuses of Human Rights

A wide variety of domestic and international human rights organizations generally operated, investigated, and published their findings on human rights cases without government restrictions. Government officials were cooperative and responsive to their views.

Government Human Rights Bodies: The National Consultative Commission on Human Rights (CNCDH) advised the government on human rights and produced an annual report on racism and xenophobia. Domestic and international human rights organizations considered the CNCDH independent and effective. Observers considered the Defender of Rights independent and effective, with access to all necessary resources.

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

Germany

Section 2. Respect for Civil Liberties, Including:

a. Freedom of Expression, Including for the Press

Freedom of Expression: While the government generally respected these rights, it imposed limits on groups it deemed extremist. The government arrested, tried, convicted, and imprisoned a number of individuals for speech that incited racial hatred, endorsed Nazism, or denied the Holocaust (see also section 6, Anti-Semitism).

In May, Facebook announced it had removed 2.19 billion “fake profiles” between January and March, including some that promoted the AfD, after the NGO Avaaz identified them as sources of targeted misinformation. Saarland AfD politician Laleh Hadjimohamadvali claimed her posts had been deleted or blocked in the past, which deprived her of her freedom of expression.

Lower Saxony’s government approved a law in March that makes it illegal for judges and state prosecutors to wear religious symbols openly during public trials. This includes (Muslim) headscarves, (Christian) crosses, and (Jewish) kippas. Similar laws already existed in Baden-Wuerttemberg, Bavaria, Berlin, and Bremen, while Hesse and Thuringia imposed more vague limits on religious attire for judges and state prosecutors.

Georg Restle, the host of the left-leaning political TV program “Monitor” on Westdeutscher Rundfunk (WDR), received a death threat by mail after he made critical comments about the AfD on July 11. WDR has filed charges against the unknown perpetrator, and 44 WDR journalists expressed solidarity with Restle in an ad in the local newspaper Koelner Stadt-Anzeiger. After the threat, Restle requested stronger protection for freedom of speech and press. The threatening letter appeared to have the same author as similar letters sent to Cologne Mayor Reker and to Altena Mayor Hollstein. The Federal Prosecutor assumed that an individual with a right-wing extremist background was responsible. Cologne police were investigating.

Press and Media, including Online Media: The constitution provides for freedom of expression, including for the press, and the government generally respected this right. An independent press, an effective judiciary, and a functioning democratic political system combined to promote freedom of expression, including for the press. The law bans Nazi propaganda, Holocaust denial, and fomenting racial hatred.

Violence and Harassment: On May 1, during a demonstration of the far-right Pro Chemnitz movement in the city of Chemnitz, a journalist from the local daily Freie Presse was threatened by protesters. Instead of defending the journalist’s right to cover the demonstration, police forced him to delete his pictures and afterwards expelled him from the demonstration site. Later, police released a statement saying it was a “misunderstanding.” Pro Chemnitz is a right-wing organization which the Saxony Office for the Protection of the Constitution monitors to evaluate whether it should be banned.

In August 2018 representatives of the anti-Islam Patriotic Europeans against the Islamization of the Occident movement and the AfD party protested Chancellor Merkel’s visit to Dresden. A demonstrator (an off-duty police employee) claimed privacy laws prohibited a ZDF camera team from filming him, and he filed a complaint with police on the spot. Police held the camera team for 45 minutes, reportedly to verify their identities. Chancellor Merkel issued a statement in support of press freedom and noted that demonstrators should expect they may be filmed. The Dresden Police Commissioner apologized to the journalists, and the police employee was transferred to the state directorate in September 2018. In June the employee sued ZDF for violating media law and his personal rights. The case was ongoing as of November.

b. Freedoms of Peaceful Assembly and Association

While the constitution provides for the freedoms of peaceful assembly and association, the government restricted these freedoms in some instances.

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

In 2016 the federal government issued a law requiring refugees with recognized asylum status who received social benefits to live within the state that handled their asylum request for a period of three years, and several states implemented the residence rule. States themselves can add other residence restrictions, such as assigning a refugee to a specific city. Local authorities who supported the rule stated that it facilitated integration and enabled authorities to plan for increased infrastructure needs, such as schools.

f. Protection of Refugees

Abuse of Migrants, Refugees, and Stateless Persons: On August 21, the law addressing deportation, known as “better implementing the obligation to leave the country,” entered into force. In an open letter, 22 NGOs, including lawyers’ and judges’ associations and child rights, welfare, and human rights organizations, called on the Bundestag to reject the law, which they criticized for its focus on ostracizing migrants and for its alleged violation of human rights. Under the law, all asylum seekers will have to remain in initial reception facilities until the end of their asylum procedure, up to 18 months. Until passage of the new law, this only applied to those from “safe countries of origin.” Rejected asylum seekers who do not cooperate sufficiently in obtaining travel documents can be obliged to stay in the institutions for longer than 18 months. Authorities are now able to arrest persons who are obliged to leave the country without a court order. Persons obliged to leave the country who do not attend an embassy appointment to establish their identity can be placed in detention for 14 days. The law indicates that persons detained under “deportation detention”–including families and children–will be held in regular prisons. NGOs such as Pro Asyl, Amnesty International, and the Jesuit Refugee Service criticized this as contradicting “the clear case law of the European Court of Justice,” which calls for a strict separation of deportation detention and imprisonment. Refugees deemed to be flight risks can be taken into preventive detention. Officials who pass on information about a planned deportation are liable to prosecution. Legal scholars stress the regulations are legally problematic, as both the German constitution and the EU Return Directive pose high hurdles for deportation detention. The law also provides for the withdrawal of all social benefits from those recognized as asylum seekers in other EU states after two weeks. Of the 16 federal states, 11 announced they would not implement the law.

Assaults on refugees, asylum seekers, and migrants continued, as did attacks on government-provided asylum homes. On April 14, a video appeared online showing four security guards beating an asylum seeker in Halberstadt, Saxony-Anhalt. Saxony-Anhalt’s Interior Ministry suspended the four security guards and ordered an investigation of the incident. The investigation was ongoing as of November.

In May the Council of Europe’s Committee for the Prevention of Torture (CPT) criticized the country’s deportation practices for rejected asylum seekers, including the practice of not informing detainees of their exact deportation date. In its report the CPT also called on the country’s government to refrain when deporting migrants from “disproportionate and inappropriate” use of force, such as methods that cause suffocation or severe pain. On a deportation flight in August 2018 the CPT’s experts had witnessed a police officer pressing his arm against a deportee’s neck, which restricted his ability to breathe. Another police officer repeatedly squeezed the genitals of the same man, who was tied with tape. The CPT also specifically condemned methods in the Eichstaett, Bavaria, detention center, where security guards were not specially trained and detainees lived in prison-like conditions that included limited access to multipurpose rooms, lack of access to their own clothing, and no ability to speak directly to a doctor. In response, the Federal Ministry of Justice rejected accusations that a direct visit to the doctor was not possible. It further asserted detainees usually did not have enough clothing to change regularly and needed to supplement this with clothing from the detention center when their own clothing was being washed.

Refoulement: In 2018 the government lifted its deportation ban for Afghanistan, and approximately 200 refugees were deported to that country during the first six months of the year. Previous federal policy permitted deportations only of convicted criminals and those deemed a security risk. NGOs including Amnesty International criticized the policy as a breach of the principle of refoulement.

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 country faced the task of integrating approximately 1.3 million asylum seekers, refugees, and migrants who arrived between 2015 and 2017, as well as an additional 305,943 who requested asylum in 2018 and during the first six months of the year. The heavy influx of asylum seekers, refugees, and migrants taxed the country’s infrastructure and resources.

The NGO Pro Asyl criticized the “airport procedure” for asylum seekers who arrive at the country’s airports. Authorities stated the airport procedure was used only in less complex cases and that more complex asylum cases were referred for processing through regular Federal Office for Migration and Refugees (BAMF) channels. Authorities maintained that only persons coming from countries the government identified as “safe” (see below) and those without valid identification documents could be considered via the “fast track procedure.” The “fast track procedure” enabled BAMF to decide on asylum applications within a two-day period, during which asylum applicants were detained at the airport. If authorities denied the application, the applicant had the right to appeal. Appeals were processed within two weeks, during which the applicant was detained at the airport. If the appeal was denied, authorities deported the applicant. The NGO Fluechtlingsrat Berlin criticized a similar “fast track” or “direct” procedure applied to some asylum seekers in Berlin. The organization claimed asylum applicants were not provided with sufficient time and access to legal counsel.

In April 2018 BAMF suspended the head of its Bremen branch amid allegations that the official improperly approved up to 2,000 asylum applications. In April, however, a BAMF review concluded that just 50 Bremen asylum decisions (0.9 percent) should be subject to legal review–a proportion below the national average of 1.2 percent.

A Hamburg lawyer and former Green party state parliamentarian confirmed in February that he was representing four German families with seven children aged two to 14 who were calling on the German Ministry of Foreign Affairs for repatriation from Syria and Iraq, where they had joined the Islamic State. In April the government allowed one of the mothers to return from Iraq to Germany with her three children; the mother was promptly arrested. In November an appeals court in Berlin ruled the German government must repatriate from Syria the German wife and three children of an Islamic State member. Their lawyer said he hoped the decision would set a precedent for the 20 other German mothers and 40 children he represented.

Safe Country of Origin/Transit: The country adheres to the EU’s Dublin III regulation, which permits authorities to turn back or deport individuals who entered the country through “safe countries of transit,” which include the EU member states, and Switzerland, Norway, Iceland, and Liechtenstein. “Safe countries of origin” also include Albania, Bosnia and Herzegovina, Ghana, Kosovo, North Macedonia, Montenegro, Senegal, and Serbia. The government did not return asylum seekers to Syria. The NGO Pro Asyl pointed out that refugees who under the Dublin III regulation fell into another EU state’s responsibility but could not be returned to that country often remained in a legal gray zone. They were not allowed to work or participate in integration measures, including German language classes.

Employment: Persons with recognized asylum status were able to access the labor market without restriction; asylum seekers whose applications were pending were generally not allowed to work during their first three months after applying for asylum. According to the Federal Employment Agency, approximately 200,000 refugees were unemployed as of July. Refugees and asylum seekers faced several hurdles in obtaining employment, including lengthy review times for previous qualifications, lack of official certificates and degrees, and limited German language skills.

The law excludes some asylum seekers from access to certain refugee integration measures, such as language courses and employment opportunities. This applies to asylum seekers from countries considered “safe countries of origin” and unsuccessful asylum seekers who cannot be returned to the country through which they first entered the area covered by the Dublin III regulation. The government did not permit asylum seekers and persons with a protected status from safe countries of origin to work if they applied for asylum after 2015.

Access to Basic Services: State officials retain decision-making authority on how to house asylum seekers, refugees, and migrants, and whether to provide allowances or other benefits.

Several states provided medical insurance cards for asylum seekers. The insurance cards allow asylum seekers to visit any doctor of their choice without prior approval by authorities. In other states asylum seekers received a card only after 15 months, and community authorities had to grant permits to asylum seekers before they could consult a doctor. The welfare organization Diakonie criticized the medical insurance card system, which only enabled asylum seekers to obtain emergency treatment. Local communities and private groups sometimes provided supplemental health care.

Durable Solutions: The government accepted for resettlement and facilitated the local integration (including naturalization) of refugees who had fled their countries of origin, particularly for refugees belonging to vulnerable groups. Such groups included women with children, refugees with disabilities, victims of trafficking in persons, and victims of torture or rape. Authorities granted residence permits to long-term migrants, asylum seekers, refugees, and migrants who could not return to their countries of origin.

The government assisted asylum seekers, refugees, and migrants with the safe and voluntary return to their countries. In the first half of the year, authorities provided financial assistance of 300 to 500 euros ($330 to $550) to 6,786 individuals to facilitate voluntary returns to their country of origin. Beneficiaries were either rejected asylum seekers or foreigners without valid identification.

The government also offered a return bonus of 800 to 1,200 euros ($880 to $1,320) per person to asylum seekers whose applications were pending but who were unlikely to have their applications approved. Most of the applicants who received this bonus came from Albania, Serbia, North Macedonia, and Iraq.

Temporary Protection: The government provides two forms of temporary protection–subsidiary and humanitarian–for individuals who do not qualify as refugees. In the first six months of the year, the government extended subsidiary protection to 11,855 persons. This status is usually granted if a person does not qualify for refugee or asylum status but might face severe danger in his or her country of origin due to war or conflict. During the same period, 3,872 individuals were granted humanitarian protection. Humanitarian protection is granted if a person does not qualify for any form of protected status, but there are other humanitarian reasons the person cannot return to his or her country of origin (for example, unavailability of medical treatment in their country of origin for a health condition). Both forms of temporary protection are granted for one year and may be extended. After five years, a person under subsidiary or humanitarian protection can apply for an unlimited residency status if he or she earns enough money to be independent of public assistance and has a good command of German.

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. There were isolated reports of government corruption during the year.

Corruption: In a June report, the Council of Europe’s Group of States against Corruption (GRECO) assessed the country as “globally unsatisfactory” and accused the Bundestag of not implementing its recommendations on the prevention of bribery of members of parliament. Of the eight recommendations GRECO made in 2014, the government had only implemented three of them satisfactorily. Among other things, GRECO faulted the Bundestag for its unclear rules with regard to dealings with lobbyists and for overly lax reporting obligations of parliamentarians, including existing or potential conflicts of interest.

Research by multiple media outlets in April examined Russia’s attempts to influence German politics, in particular through the AfD. They uncovered Russian documents from 2017 recommending that Russia provide concrete assistance to AfD candidate Markus Frohnmaier, as his victory would provide Russia with “its own absolutely controlled MP in the Bundestag.” Frohnmaier entered the Bundestag in 2017 and has taken consistently pro-Russia positions.

In March, Transparency Germany, Transparency International’s national chapter, filed a criminal complaint against Bundestag member Karin Strenz and former Bundestag member Eduard Lintner over an alleged bribery case orchestrated by the Azerbaijani government. Beginning in the early 2000s, the Azerbaijanis operated a money laundering scheme to, among other things, bribe politicians at the Council of Europe to soften human rights resolutions and election observation reports. Following an investigation, the Council of Europe banned both Strenz and Lintner for life from the Council of Europe in June 2018. In January the Bundestag presidium announced Strenz had violated the Bundestag’s rules of conduct.

Financial Disclosure: Members of state and federal parliaments are subject to financial disclosure laws that require them to publish their earnings from outside employment. Sanctions for noncompliance range from an administrative fine to as much as half of a parliamentarian’s annual salary. Appointed officials are subject to the public disclosure rules for civil servants, who must disclose outside activities and earnings. If the remuneration exceeds certain limits, which vary by grade, the employee must transfer the excess to the employing agency. Under the federal disciplinary law, sanctions for noncomplying officials include financial penalties, reprimand, or dismissal. In the corruption case involving Strenz, the Bundestag fined her more than 19,000 euros ($20,900) in March for the late disclosure of her payments from a company that passed along the money from Azerbaijan.

Section 5. Governmental Attitude Regarding International and Nongovernmental Investigation of Alleged Abuses of Human Rights

A variety of domestic and international human rights groups generally operated without government restriction, investigating and publishing their findings on human rights cases. Government officials were cooperative and responsive to their views.

Government Human Rights Bodies: A number of government bodies worked independently and effectively to protect human rights. The Bundestag has a Committee for Human Rights and Humanitarian Aid and one for Petitions. The Petitions Committee fields complaints from the public, including human rights concerns. The German Institute for Human Rights has responsibility for monitoring the country’s implementation of its international human rights commitments, including treaties and conventions. The Federal Anti-Discrimination Agency (FADA) is a semi-independent body that studies discrimination and assists victims of discrimination. The Office of the Federal Commissioner for Persons with Disabilities has specific responsibility for protecting the rights of persons with disabilities. The Justice Ministry’s commissioner for human rights oversees implementation of court rulings related to human rights protections.

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

Greece

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

Freedom of Expression: The constitution and law protect freedom of expression but specifically allow restrictions on speech inciting discrimination, hatred, or violence against persons or groups based on their race, skin color, religion, descent, national or ethnic origin, sexual orientation, gender identity, or disability, or who express ideas insulting to persons or groups on those grounds.

Press and Media, Including Online Media: Independent media were active and expressed a wide variety of views without restriction. On June 10, the government passed legislation requiring vendors who sell print media to stock and display all Greek newspapers and magazines. Penalties for those intentionally breaking the law range from one year’s imprisonment to a fine from 5,000 to 50,000 euros ($5,500 to $55,000). For repeated offenders, the penalty can increase to two years or more in prison.

Violence and Harassment: Journalists were subjected to physical attack, harassment, or intimidation due to their reporting in at least 10 instances. On April 7, a riot police officer in Idomeni, near the border with North Macedonia, kicked a photojournalist covering a migrant protest and later struck the photojournalist in the face and head with his shield. The government and journalist unions condemned the attacks. Seven attacks were led by members of far-right groups who targeted reporters and photojournalists covering rallies protesting the Prespa Agreement between Greece and North Macedonia. Anarchists led other attacks, once torching a journalist’s car at her residence and on December 5, pelting a television crew stationed near the Athens University of Economics and Business with paint. There were no reports of police detentions in these incidents.

Censorship or Content Restrictions: The government did not censor media. The government maintains an online register with the legal status of local websites, their number of employees, detailed shareholder information, and the tax office they fall under. Once registered, these websites are accredited to accept funding through state advertising, to cover official events, and to benefit from research and training programs of the National Center of Audiovisual Works. All registered websites had to display their certification on their homepage. Although registering was an open and nonobligatory process, outlets failing to do so could be excluded from the accreditation benefits. On April 15, the government launched a similar electronic registry for regional and local press.

Libel/Slander Laws: The law provides criminal penalties for defamation. A law passed February 26 clarifies that individuals convicted of crimes cannot claim slander for discussion of those crimes. This law also removes the provision requiring journalists to appear immediately before a court, or wait in jail until the court opened, in the case they were accused of libel, a provision that had been abused by politicians to intimidate journalists. On February 13, a court convicted then alternate health minister Pavlos Polakis for slander against a deceased reporter whom he had accused of taking bribes from the Hellenic Center for Disease Control and Prevention. The court ordered the alternate health minister to pay financial damages to the journalist’s family. The government abolished blasphemy laws, effective on July 1.

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.

In-country Movement: Undocumented migrants arriving at Greek islands were subjected to special border reception and registration procedures and were not allowed to leave registration centers for up to 25 days. After this period, undocumented migrants remaining in those facilities were generally allowed to enter and exit but were prohibited from travelling to the mainland unless they filed asylum applications deemed admissible by the asylum authorities or were identified as “vulnerable.” This group included unaccompanied minors; persons with disabilities; the elderly; pregnant women or those who recently gave birth; single parents with young children; victims of torture, shipwrecks, and other trauma; and victims of human trafficking. Once asylum applications were filed, found admissible, and in process, migrants could move to an accommodation center on the mainland, space permitting. There was no restriction on movement in or out of the mainland accommodation centers. As of September, however, no facilities were available on the mainland even though approximately 7,000 migrants had been deemed vulnerable. The government made efforts to increase placements in the mainland and decongest the island reception and registration facilities, but a steady flow of arrivals, which accelerated during the summer and fall, caused severe overcrowding.

Some local and international NGOs reiterated criticism of the government’s practice of confining asylum seekers to the islands for initial processing exceeding 25 days.

Unaccompanied minors were placed under “protective custody” due to lack of space in specialized shelters (see section 1, Prison and Detention Center Conditions, Physical Conditions).

f. Protection of Refugees

During the year the flow of migrants and asylum seekers to the country from Africa, Asia, and the Middle East continued. As of December 16, UNHCR figures indicated 109,000 migrants and asylum seekers resided throughout the country.

On November 1, parliament amended the asylum legislation. The new rules are designed to speed up decision making on asylum applications and to increase the number of rejected applicants returned to Turkey or to their country of origin. The law, which will take effect on January 1, 2020, establishes extended periods of detention for asylum seekers; ties the treatment of asylum applications to the applicants’ cooperation (or lack thereof) with authorities; alters the appeals committees so they consist exclusively of judges, dropping a position held by a UNHCR designate; requires appeals to be filed and justified through court briefs instead of standardized documents; eliminates “post-traumatic stress disorder” as a factor that would make a refugee considered “vulnerable” and therefore ineligible to be returned to Turkey if their asylum application is denied; and codifies that rejected asylum applicants should immediately return to Turkey or their country of origin. UNHCR, as well as local and international NGOs, including the Greek National Commission for Human Rights, Human Rights Watch, the Greek Council for Refugees (GCR), the MSF, and many others, argued the law emphasized returns over protection and integration, put an excessive burden on asylum seekers, focused on punitive measures, and introduced tough requirements an asylum seeker could not reasonably be expected to fulfill.

Abuse of Migrants, Refugees, and Stateless Persons: According to a wide range of credible sources, including international organizations and NGOs, authorities did not always provide adequate security or physical protection to asylum seekers, particularly those residing in RICs. The RVRN recorded 51 incidents involving racially motivated verbal and physical violence against refugees and migrants in 2018 (Also see section 6, National/Racial/Ethnic Minorities.)

The separation and protection of vulnerable groups was not implemented at some sites. On February 9, the MSF reported that a 20-year-old male Yazidi refugee at the RIC in Fylakio, Evros, was living in a container with his visually impaired sister, his female cousin suffering from mental health problems, and three unrelated men. Media reported incidences of violence involving asylum seekers, including gender-based violence. On January 8, local and international media reported Oxfam’s findings that asylum-seeking and refugee women were wearing diapers at night for fear of leaving their tents to go to the bathroom. In its report for the rights of “children on the move” in Greece, issued on June 14, the ombudsman noted that children at the RIC in Lesvos were at risk of sexual abuse and exploitation, rape, and assault. The report stated many parents of children, especially single parents, were reluctant to queue for hours for food because they were afraid to expose their children to the risk of violence and sexual abuse. Cases of trading food in exchange for sex were also reported to the ombudsman. On April 11, PACE expressed serious concern regarding the humanitarian situation and the poor security of asylum seekers at RICs on the Greek islands as well as in centers on the mainland.

On January 23, a court in Thessaloniki sentenced a 50-year-old Iraqi man to 20 years’ imprisonment for raping his 16-year-old daughter at a reception facility in Serres.

Refugee and migrant women who were victims of gender-based violence were legally eligible for temporary shelter in government-run homes and for legal and psychosocial assistance, but few of them reported abuse. Some NGO representatives reiterated findings from previous years that even after reporting rapes to the authorities, some victims continued residing in the same camp with the perpetrators.

NGOs noted inadequate medical and psychological care for refugees and asylum seekers, especially in the six RICs, mainly attributed to the government’s inability to hire medical doctors willing to serve in such facilities. Even when the government significantly increased the salaries and reissued calls for recruitment, medical doctors expressed minimal interest.

On February 8, a Communist Party delegation visit to the reception facility in Katsikas, Epirus, noted the absence of medical care, especially for women, newborns, and children, according to media reports.

NGOs also noted inadequate psychological care for refugees and asylum seekers, especially in the six RICs. The MSF reported that 25 percent of the children they worked with in the Moria RIC on Lesvos Island from February to June had either self-harmed, attempted suicide, or had thought about committing suicide.

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

Refoulement: The government provided some protection against the expulsion or return of asylum seekers to countries in which their lives or freedom would be threatened due to race, religion, nationality, membership in a particular social group, or political opinion. On October 31, in a unanimous decision, the Supreme Court ruled that Iranian Sharareh Khademi should not be extradited to her country of origin as this would pose an “immediate risk to her life.” The court annulled the decision of a lower-level court that had ruled in favor of the extradition. Khademi and her daughter were victims of domestic violence by an abusive husband and father.

On June 19, the GCR announced it had filed a complaint with the Supreme Court that migrants and asylum seekers were being forced back across the border into Turkey from northeastern Evros in Greece. The GCR stated it had evidence backing the claims of several migrants and asylum seekers who said they were forced back. The GCR reported it had filed three lawsuits on behalf of six Turkish nationals, including a child, who claimed that local authorities had exercised violence to force them back into Turkey. Reportedly, one of the young women, forced back to Turkey, was arrested and taken to a Turkish prison. The GCR noted that despite the growing number of alleged pushbacks, there was no official government reaction.

On June 8, the group Racist Crimes Watch filed a complaint against Hellenic Police in Didimoticho, northern Greece, alleging local police staff beat with batons and fired plastic bullets at a 35-year-old Iraqi national and two Egyptian nationals, ages 18 and 26, prior to forcing them back to Turkey.

On May 5, media reported a letter addressed by the then minister for citizen protection Olga Gerovassili to the UNHCR representative in Greece in response to concerns about pushbacks in the Evros area by security officers. After an investigation, the then minister wrote that the alleged incidents were not proven true. She also noted the absence of any such reporting by Frontex officers who assist the Greek border police in their work. From January to April, police arrested 3,130 third-country nationals in the areas of Orestiada and Alexandroupolis.

Access to Asylum: The law provides for the granting of asylum or refugee status, and the government has established a system for providing legal protection to refugees through an autonomous asylum service under the authority of the Ministry of Migration Policy. Following the July 7 elections, the Ministry for Migration Policy was folded into the Ministry for Citizen Protection. The law requires that applicants have access to certified interpreters and allows applicants to appeal negative decisions and remain in the country while their appeals are examined.

Authorities worked with NGOs, international organizations, and the European Asylum Support Office to inform undocumented migrants awaiting registration in the asylum system, as well as non-EU foreign national detainees, about their rights, asylum procedures, and the IOM-assisted voluntary return programs. UNHCR assisted the government with briefings and distribution of multilingual leaflets and information packages on asylum and asylum procedures.

Human rights activists and NGOs working with asylum applicants reported long waits of up to two years for decisions due to time-consuming processes, pre-existing backlogs in the appeals process, and a limited number of appeals committees. Access to the asylum process for persons detained in predeparture centers was also a concern. In its annual report for 2018, the Greek ombudsman reported his office continued to receive complaints from asylum applicants about difficulties in scheduling an appointment and connecting with the Asylum Service system via Skype, especially in Athens and in Thessaloniki. On May 6, local media reported the Greek Asylum Service had a backlog of more than 62,000 cases while an estimated 5,500 new applications were submitted yearly by new entrants.

According to the Asylum Information Database report for 2018, published by GCR on April 21, the average period between preregistration and full registration was 42 days in 2018. The average processing time at first instance was reported at approximately 8.5 months in 2018. Approximately 80 percent of the 58,793 applicants with pending applications at the end of 2018 had not had an interview with the asylum service.

Major delays frequently occurred in the identification of vulnerable persons on the islands, due to a significant lack of qualified staff, which also impacted the asylum procedure.

Asylum applicants from countries other than Syria complained that their asylum applications were delayed while Syrian applications were prioritized. NGOs, international organizations, and human rights activists also reiterated concerns about the lack of adequate staff and facilities; insufficient welfare, integration, counseling, legal, and interpretation services; discrimination; and detention under often inadequate and overcrowded conditions inside the RICs.

Safe Country of Origin/Transit: The country adheres to the Dublin III Regulation, according to which authorities may return asylum seekers to the EU member state of first entry for adjudication of asylum claims.

According to the 2016 joint EU-Turkey statement, every undocumented migrant crossing from Turkey into the Greek islands would be confined to a RIC for up to 25 days, during which time the individual would have the opportunity to apply for asylum in Greece. Individuals opting not to apply for asylum or whose applications were deemed unfounded or inadmissible would be returned to Turkey (see also section 2.d., Freedom of Movement).

Employment: Recognized refugees and holders of asylum-seeker papers were entitled to work, although this right was not widely publicized or consistently enforced. In 2018 the managing board of the Greek Manpower Organization extended the right to register for official unemployment to asylum seekers and refugees residing in shelters or with no permanent address, allowing them to benefit from training programs and state allowances.

Access to Basic Services: Legally, services such as shelter, health care, education, and judicial procedures are granted to asylum seekers in possession of a valid residency permit; however, staffing gaps, a lack of interpreters, and overcrowded reception sites limited certain asylum seekers’ access to these services. On July 13, the minister for labor and social affairs revoked a June 20 ministerial decree signed by his predecessor that simplified the process for asylum seekers to be granted a social security number (AMKA). The minister argued that the system of granting AMKAs would be re-examined, as it was abused by foreign nationals who should not have received a number. Several NGOs reported problems in securing access for asylum-seeking individuals to basic services, including treatment for chronic diseases. Legal assistance was limited and was offered via NGOs, international organizations, volunteer lawyers, and bar associations.

RICs on islands and in the Evros region continued to be overcrowded, with inadequate shelter, health care, wash facilities, and sewer connections creating security and health concerns. Housing conditions at reception facilities elsewhere on the mainland were generally better, although at times overcrowding hindered access to services. Due to a lack of space, the government in September opened temporary camps on the mainland, providing six-person tents to hundreds of migrants.

Unaccompanied minors living in “protective custody” in police stations had limited or no access to health care or medical services. As of November 30, according to the country’s National Center for Social Solidarity (EKKA), there were 257 unaccompanied children in protective custody (see section 1.c., Prison and Detention Center Conditions, Physical Conditions).

Many vulnerable asylum-seeking individuals were eligible to be sheltered in apartments via a housing framework implemented by UNHCR in cooperation with some NGOs and local municipalities. Conditions in the apartments were significantly better than in reception facilities.

Administrative and facility management staff in reception centers were usually permanent state employees, eight-month government-contracted personnel, and staff contracted by NGOs and international organizations. Media reported cases, especially on the islands, in which assigned staff were inadequate or improperly trained. On June 6, media reported that 40 employees from the Asylum Service offices in Attica, Korinthos and Patras attended a training seminar on statelessness, the Dublin Treaty, and gender-based violence to handle asylum cases more efficiently.

Everyone in the country is entitled to emergency medical care, regardless of legal status. Medical volunteers, NGO-contracted doctors, the Hellenic Center for Disease Control and Prevention, and army medical doctors provided basic health care in reception centers, referring emergencies and complex cases to local hospitals, which were often overburdened and understaffed. Some individuals suffering from chronic diseases continued to encounter problems obtaining proper medication. Pregnant women in Evros reception and detention facilities continued facing problems in accessing proper medical and prenatal care.

The government failed to identify asylum seekers with nonvisible vulnerabilities, such as victims of torture and trafficking victims, due to gaps and shortages in skilled staff, including medical doctors, at the RICs, several NGOs reported. On January 1, the government officially launched a multidisciplinary national referral mechanism (NRM), which included appropriate standard operating procedures and referral forms. The NRM required first responders to inform and coordinate with the EKKA, when potential victims were identified for care and placement.

Durable Solutions: Refugees may apply for naturalization after three years of residence in the country as a recognized refugee. The government continued to process family reunification applications for asylum seekers with relatives in other countries. The IOM offered voluntary returns to rejected asylum seekers and those who renounced their asylum claims.

Temporary Protection: As of September 30, the government provided temporary protection to approximately 2,578 individuals who may not qualify as refugees.

Section 4. Corruption and Lack of Transparency in Government

The law provides criminal penalties for corruption by officials, but the government did not always implement the law effectively. Officials sometimes engaged in corrupt practices with impunity. Permanent and ad hoc government entities charged with combating corruption were understaffed and underfinanced. On July 17, law enforcement authorities arrested six medical doctors, three nurses, and an interpreter working at the hospital on Samos Island who allegedly sold bogus medical certificates to asylum seekers to facilitate their transfer to the mainland on health grounds. Hospital authorities noticed that many of the certificates issued were identical and referred to cases and conditions that were not usually dealt with at the hospital.

On August 7, parliament passed legislation establishing a unified transparency authority by transferring the powers and responsibilities of public administration inspection services to an independent authority.

Corruption: Reports of official corruption continued. On January 16, a criminal court in Athens found 20 former government officials, private businessmen, and shipyard officials guilty of bribery and money laundering over a contract for the construction of four submarines by a foreign company at the Skaramangas shipyards. Among those convicted were a former defense ministry official and a French-Swiss banker. The court imposed suspended jail sentences ranging from five to 20 years for all but one defendant.

The government intensified efforts to combat tax evasion by increasing inspections and crosschecks among various authorities and by engaging in more sophisticated types of verifications of undeclared income, such as the use of surveillance drones over popular islands to make sure tour boat operators provide receipts to visitors. Furthermore, monthly lotteries offer taxpayers rewards of 1,000 euros ($1,100) for using payment cards in their daily transactions. Media reported allegations of tax officials complicit in individual and corporate tax evasion.

Financial Disclosure: The law requires income and asset disclosure by appointed and elected officials, including private-sector employees such as journalists, and heads of government-funded NGOs. Several agencies are mandated to monitor and verify disclosures, including the General Inspectorate for Public Administration, the police internal affairs bureau, the Piraeus appeals prosecutor, and an independent permanent parliamentary committee. Declarations were made publicly available, albeit with delays. The law provides for administrative and criminal sanctions for noncompliance. Penalties range from two to 10 years’ imprisonment and fines from 10,000 to one million euros ($11,000 to $1.1 million).

Section 5. Governmental Attitude Regarding International and Nongovernmental Investigation of Alleged Abuses of Human Rights

A variety of domestic and international human rights groups generally operated without government restriction, investigating and publishing their findings on human rights cases, with the exception of restricted access to reception and detention facilities for migrants on the islands and–in certain circumstances–to official camps on the mainland. Government officials were often cooperative and responsive to their views.

Government Human Rights Bodies: The Office of the Ombudsman, a state body considered independent and effective, investigated complaints of human rights abuses by individuals. Five deputy ombudsmen dealt with human rights, children’s rights, citizen-state relations, health and social welfare, and quality of life problems, respectively. The office received adequate resources to perform its functions. In its 2018 annual report, the office reported it received 15,644 complaints, of which 72 percent were satisfactorily resolved.

The autonomous, state-funded National Commission for Human Rights (NCHR) advised the government on protection of human rights. The NCHR was considered independent, effective, and adequately resourced. On April 4, the head of the NCHR, Giorgos Stavropoulos, resigned in protest after the government added five members from the LGBTI community and two from the Romani community to the 25-member NCHR board. Stavropoulos asserted that the increase violated “the principle of equality,” as other member organizations had only one vote.

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

Hungary

Section 2. Respect for Civil Liberties, Including:

a. Freedom of Expression, Including for the Press

The constitution provides for freedom of expression, including for members of the press, and the media were active and expressed a wide range of views. There were some formal restrictions on content related to “hate speech.” At the end of 2018, allies of the ruling Fidesz party consolidated what experts estimated to be between 80 and 90 percent of all media outlets into the hands of the nonprofit Central European Press and Media Foundation (KESMA), established and managed by Fidesz allies.

Freedom of Expression: Criminal law provides that any person who publicly incites hatred against any national, ethnic, racial, religious, or certain other designated groups of the population may be prosecuted and convicted of a felony punishable by imprisonment for up to three years. The constitution includes hate speech provisions to “protect the dignity of the Hungarian nation or of any national, ethnic, racial, or religious community.” The law prohibits the public denial of, expression of doubt about, or minimization of the Holocaust, genocide, and other crimes of the National Socialist (Nazi) and communist regimes; such crimes are punishable by up to three years in prison. The law also prohibits as a misdemeanor the wearing, exhibiting, or promoting of the swastika, the logo of the Nazi SS, the symbols of the Arrow Cross, the hammer and sickle, or the five-pointed red star in a way that harms human dignity or the memory of the victims of dictatorships. Judicial remedies exist for damage to individuals and communities that results from hate speech. The media law, which was amended in June and entered into force on August 1, also prohibits media content intended to incite hatred or violence against specific minority or majority communities and their members. The new law includes the provision that media content must not have the potential to instigate an act of terrorism.

A law approved in July 2018 imposes a 25 percent tax on civil entities that aid or promote illegal immigration, including groups that support media campaigns deemed to aid or promote immigration. Several NGOs sharply criticized the law, noting that it penalizes the public expression of opinions different from that of the government (see also section 5). At year’s end no entity had paid any tax under the law, and no known Tax Office investigation or audit had been conducted to that effect.

In December 2018 the ECHR unanimously ruled in favor of the publisher of a large domestic independent news site in a 2013 case. The site had previously been found guilty of disseminating defamatory information by including a hyperlink to a YouTube video that featured inaccurate allegations against the Jobbik party. While the Supreme Court found that the website was at fault, the ECHR stated “…objective liability for using a hyperlink could undermine the flow of information on the Internet, dissuading article authors and publishers from using such links if they could not control the information they led to. That could have a chilling effect on freedom of expression on the Internet.”

Press and Media, Including Online Media: Independent media were active and expressed a wide variety of views without formal restriction. Media consolidation resulted in further expansion of government-friendly enterprises and reduction in other media voices, primarily in print and broadcast media. Mertek Media Monitor and other independent organizations estimated that KESMA controlled between 80 and 90 percent of the country’s media outlets. An August 2018 report by the Center for Media Pluralism and Media Freedom and commissioned by the European Commission concluded that KESMA “poses a risk to the diversity of the Hungarian press, as one type of editorial position characterizes a large number of outlets.” The reports also found that some progovernment outlets relied almost completely on government advertising for their revenues. According to Freedom House, the government “…avoids censorship, force, or outright intimidation of journalists, and instead… resorts to tools designed to co-opt the media.” These tools include “legal, extralegal, and economic strategies for applying pressure to critical outlets, and supporting friendly ones.”

The new media law that entered into force on August 1 allows individual broadcasters to operate an unlimited number of radio stations in the same city. The law provides that radio frequencies will be awarded for 10 instead of seven years and that licenses be extendable without a bid for an additional seven years, as opposed to the earlier five. According to independent analysts, these changes further consolidate media, benefiting progovernment outlets and hindering media independence. Independent and opposition media were often excluded from government-organized events and press conferences.

The National Media and Info-Communications Authority (NMHH), subordinate to parliament, is the central state administrative body for regulating the media. The authority of the NMHH includes overseeing the operation of broadcast and media markets as well as “contributing to the execution of the government’s policy in the areas of frequency management and telecommunications.” The NMHH president serves as the chair of the five-member Media Council, the decision-making body of the NMHH that supervises broadcast, cable, online, and print media content and spectrum management. The NMHH consists exclusively of persons named by the governing parties.

The state news agency, MTI, which offers its services free of charge, is mandated by law to provide balanced, objective, nonpartisan coverage. Media watchdogs and independent outlets criticized the state media for concealing facts and opinions unfavorable to the government. Opposition politicians complained that they rarely were able to appear on state-run broadcasts and noted that state media outlets underreported large antigovernment protests that took place in Budapest in December 2018.

Violence and Harassment: There were no reports of violence against journalists or of physical or legal harassment. Nevertheless, government officials and government-aligned media continued to refer to some independent journalists or media as the “Soros media” or “foreign agents.” At the end of November 2018, an investigative reporter for an independent news website was admonished in a summary procedure before a district court in Budapest for alleged abuse of personally identifiable information for using publicly available information in an article on a person who criticized Sweden’s migration policy. The reporter demanded a full trial. On September 4, another court notified the reporter of its nonbinding resolution exonerating him, since the person in question was a public figure who must tolerate in-depth scrutiny in the public interest.

Censorship or Content Restrictions: The law provides content regulations and standards for journalistic rights, ethics, and norms that are applicable to all media, including news portals and online publications. It prohibits inciting hatred against nations; communities; ethnic, linguistic, or other minorities; majority groups; and churches or religious groups. It provides for maintaining the confidentiality of sources with respect to procedures conducted by courts or authorities.

The law mandates that every media service provider that delivers news to the public must report in a balanced manner, and that public service media providers should pursue balanced, accurate, detailed, objective, and responsible news and information services. These requirements were widely disregarded, including by the public media. A former reporter at the M1 public news station stated in an August interview that public broadcaster reporters were informally instructed by their superiors to interview only government-friendly public figures and to portray the political opposition as ridiculous.

The Media Council may impose fines for violations of content regulations, including on media services that violate prohibitions on inciting hatred or violating human dignity or regulations governing the protection of minors. The Council may impose fines of up to 200 million forints ($666,000), depending on the nature of the infringement, type of media service, and audience size. It may also suspend the right to broadcast for up to one week. Defendants may appeal Media Council decisions but must appeal separately to prevent the implementation of fines while the parties litigate the substantive appeal.

As of September 1, the Media Council had issued 101 resolutions concerning various alleged violations of the media law, imposing fines totaling nearly 28.4 million forints ($94,600) on 68 media service providers. The most common citations were for unlawful advertising methods, breaching broadcasting regulations, and violating the dignity of a person or group. In a prominent case, the Media Council concluded in July that a government-friendly commercial television station had violated the obligation to provide balanced reporting in a segment shown in September 2018. The Media Council made that decision only after being compelled to do so by two binding court rulings and imposed no fine. Instead, the station was instructed either to make the Media Council resolution public or allow the plaintiff, an opposition member of the European Parliament, to present his views in the same program.

Libel/Slander Laws: Journalists reporting on an event may be judged criminally responsible for making or reporting false statements. Both individuals and media outlets may be sued for libel for their published statements or for publicizing libelous statements made by others. Plaintiffs may litigate in both civil and criminal courts.

Public officials and other public figures continued to use libel and defamation laws in response to criticism from citizens and journalists. Courts tended to pass verdicts that protected private individuals from libel or slander by government-affiliated media and their reporters. In a milestone ruling in July, the Constitutional Court rejected the complaint of a high-profile informal advisor to the prime minister, who had sued an independent news website for publishing compromising photographs taken during his vacation, which he alleged violated his privacy rights. The Constitutional Court ruled that the advisor was a public figure and declared that “without the freedom and diversity of public debate there is no free public opinion and there is no rule of law.” In another prominent case, the Supreme Court ruled in January that a pundit working for a government-affiliated outlet had to apologize and pay 300,000 forints ($1,000) in compensation to an opposition politician for calling him a degrading name in public.

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: Human rights advocates, the Office of the UN High Commissioner for Refugees (UNHCR), and the European Commission criticized the government’s treatment of migrants and asylum seekers. Specifically, these organizations reported that migrants and asylum seekers were pushed back to the Serbian side of the Serbia-Hungary border fence, even if they had not entered Hungary through Serbia. In September 2018 the CPT published a report on the treatment and conditions of detention of foreigners in transit zones at the border and other establishments with irregular migrants, based on its 2017 visit to the country. The report noted that many detainees alleged police officers had physically mistreated them during their “push-back” to Serbia, and several displayed recent traumatic injuries as a result of alleged police mistreatment.

During the year domestic and international human rights organizations reported receiving fewer complaints of excessive use of police force and abuse against refugees and migrants, as the number of asylum seekers decreased from previous years. Human rights organizations asserted, however, that in most cases, the government did not take formal action against alleged police perpetrators and noted that few victims were willing to lodge formal complaints.

Refoulement: On May 8, UN High Commissioner for Refugees Filippo Grandi issued a statement calling the forced expulsion of two Afghan asylum-seeking families from the country deeply shocking and a flagrant violation of international and EU law.

Access to Asylum: The law provides for asylum and establishes a procedure for persons in the country to apply for it, but often authorities afforded little or no opportunity to apply. In 2017 and 2018, asylum and border management laws underwent significant legal modifications that limited access to the country’s territory and asylum procedures and deterred asylum seekers from applying for protection. Police are allowed to push back to the Serbian side of the border any migrants who cannot prove their right to stay in the country, regardless of whether or not they entered the country from Serbia. According to UNHCR observations published in November 2018, these legislative amendments failed to draw the necessary distinction between the situation of refugees and asylum seekers and that of other aliens.

Safe Country of Origin/Transit: The government issued lists of “safe countries of origin” and “safe third countries.” Both lists included Serbia, Bosnia and Herzegovina, and Kosovo. UNHCR repeatedly objected to the government’s designation of Serbia as a safe third country on the grounds that it does not have effective asylum procedures. In 2018 parliament modified the constitution to state that persons arriving in the country “through a country where he or she was not exposed to persecution or a direct risk of persecution should not be entitled to asylum.” Parliament also amended the asylum law and restricted the right to asylum to only those persons who arrived in Hungary directly from a place where their life or freedom were at risk. Since asylum applications can only be filed in either of the two transit zones at the Hungary-Serbia border, anyone who wants to submit an asylum claim can do so only by entering a transit zone from Serbia. Because Hungary considers Serbia as a safe third country, the new inadmissibility provision triggered the automatic rejection of any asylum claim. Since the new rules entered into force in 2018, NGOs were aware of only three positive decisions concerning asylum applications filed after July 2018 by asylum seekers passing through Serbia. The immigration authority declared all other applications inadmissible.

Freedom of Movement: The asylum law requires mandatory placement of all asylum seekers other than unaccompanied minors younger than 14 in two guarded transit zones (Roszke and Tompa) on the Serbia-Hungary border, which they may leave only by entering Serbia. If the asylum seekers leave the zones, they forfeit their asylum claims.

The law permits the detention of rejected asylum seekers for a maximum of 12 months (30 days in cases of families with children). Immigration detention generally took place in immigration detention centers. Since July 2018 rejected asylum seekers were placed under alien policing procedure (no longer the asylum procedure), and the designated compulsory place of stay was the transit zone.

In April 2018 the ECHR’s Grand Chamber heard the case of two Bangladeshi asylum seekers, Ilias and Ali Ahmed, who in 2015 filed a lawsuit against the government seeking their release from a transit zone and a stay of their deportation to Serbia. The chamber found the applicants’ confinement in the Roszke border zone violated their rights because it had amounted to detention without formal, reasoned decision and without appropriate judicial review. The chamber also found their deportation to Serbia was unlawful. Authorities kept the men in the transit zone for more than three weeks before sending them back to Serbia. Following the government’s appeal, the chamber on November 21 ruled that Hungary had violated the ECHR prohibition of torture, inhuman or degrading treatment by expelling them without assessing the risks of not having proper access to asylum procedures in Serbia or being subjected to chain refoulement, but that their stay in the transit zone was not deprivation of liberty because they had entered it on their own initiative and in practice were able to return to Serbia.

Access to Basic Services: Services for persons under an alien policing procedure included only basic health care but not the provision of food, with the exception of children younger than 18 and pregnant or nursing mothers. As of August 1, the immigration authority had declined in a total of 17 cases to provide food to 27 individuals detained in the transit zones after August 2018. In each case the Hungarian Helsinki Committee successfully requested interim measures from the ECHR ordering Hungarian authorities to immediately start providing food to the individuals concerned. On July 25, the European Commission launched an infringement procedure against the country for the nonprovision of food to persons awaiting deportation who were detained in a transit zone.

In 2016 parliament amended the law to reduce benefits and assistance to persons given international protection on the grounds they should not have more advantages than Hungarian citizens. Authorities do not provide housing allowances, educational allowances, or monthly cash allowances to asylum seekers or beneficiaries of subsidiary protection. The two transit zones for asylum seekers provided clothes, soap, meals, water, and shelter. Charities provided some educational and social activities in English or Hungarian as well as supplemental nutrition for children. The government also provided basic medical assistance on site. The authorities hired a psychologist and a psychiatrist who visited the transit zones once per week for four hours per zone. Officials denied transit zone access to certain NGOs and a UNHCR contractor, which prevented several asylum seekers arriving to Hungary from war-affected countries who had previously suffered torture and posttraumatic stress disorder from receiving specialized care.

The government provided UNHCR and the International Federation of the Red Cross access to refugees and asylum seekers, with the exception of those held in the alien policing sectors in the transit zones. A few domestic charities were allowed access to the transit zones; attorneys contracted by an NGO were allowed access only when asylum seekers specifically requested their assistance.

On October 8, the ECHR ruled that refusing a journalist access to a reception center for asylum seekers in order to report on living conditions there was a violation of freedom of expression and may discourage the sharing of accurate information that is in the public interest, particularly regarding the situation of vulnerable groups. The case involved a local journalist who requested access to the Debrecen Reception Center to conduct interviews but was rejected on the grounds that press coverage would interfere with the private lives of persons accommodated there.

On July 17, after an official visit to the Hungary-Serbia border, UN Rapporteur Felipe Gonzalez Morales described prison-like conditions in the transit zones, with asylum seekers chained to hospital beds. Morales stated general hygiene conditions were acceptable but that medical care was insufficient. He added that doctors were available for only a couple of hours a day, and there were no gynecologists or pediatricians, even though the majority of asylum seekers were women and children. Interpreters were scarce and communication with doctors could be difficult.

On July 25, the European Commission referred Hungary to the ECJ, stating the legislation that criminalizes providing assistance to asylum seekers who were not subject to persecution in their home country or who had already transited a safe country curtailed the asylum seekers’ right to communicate with and be assisted by national, international, and nongovernmental organizations (see section 2.b.).

Durable Solutions: Refugees are allowed to naturalize, but according to civil society organizations the applications of refugees and stateless persons were approved at a lower rate than those of other naturalization seekers. The Hungarian Helsinki Committee criticized the procedural framework for naturalization, noting decisions were not explained to applicants and no appeal of rejections were allowed. There were no reported cases of onward refugee resettlement from the country to other states. Domestic media reported at the beginning of the year that since 2018, the country had admitted approximately 300 individuals with Hungarian ancestry from Venezuela under a special government program involving a local charity that is different from the standard asylum procedures.

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

On July 29, the ECJ ruled that judges may grant international protection status to asylum seekers if an administrative body has overruled their decision without establishing new elements in the case. A 2015 regulation had stripped the courts of the right to overrule immigration authorities on asylum applications.

Section 4. Corruption and Lack of Transparency in Government

While the law provides criminal penalties for corruption by public officials, few such cases were lodged or prosecuted during the year. The European Commission and NGOs contended that the government did not implement or apply these laws effectively and that officials often engaged in corrupt practices with impunity.

Corruption: Anticorruption NGOs alleged government corruption and favoritism in the distribution of EU funds. The Corruption Research Center Budapest identified several cases of bid rigging and other corruption risk indicators in public tenders with EU funding. The Research Center concluded that companies with close links to the government faced significantly less competition and were able to obtain higher prices when bidding for EU-funded projects.

In its annual report released on September 3, the European Antifraud Office reported investigating nine cases related to the use of EU funds in the country and recommended local authorities open criminal investigations into seven of them. The Antifraud Office also recommended that the country repay 3.8 percent of the funds it received from the EU between 2014 and 2018.

On July 22, domestic and international media reported that Microsoft Hungary (a wholly owned subsidiary of Microsoft Corporation) and Microsoft Corporation agreed to pay approximately $26 million in fines. The case involved Microsoft Hungary employees who requested discounts on software licenses from Microsoft headquarters that they claimed were necessary to secure the software sales to government agencies, although they knew the agencies had already agreed to pay full price. The inflated margins reportedly funded a corrupt payment scheme to bribe government officials and secure software deals. Microsoft and its Hungarian subsidiary cooperated with the investigation and took remedial measures. Microsoft Hungary dismissed four employees and cancelled contracts with many of its vendors. After Microsoft Hungary dismissed CEO Istvan Papp in 2016, the government appointed Papp as vice president of the Hungarian Investment Promotion Agency, a position he held for eight months. Similarly, the government appointed Microsoft Hungary’s former government relations director Viktor Sagyibo as a ministerial commissioner in the Prime Minister’s Office until August 2018. Authorities had closed the investigation into Microsoft Hungary in 2018, declaring they had found no evidence of criminal activity. In August, however, the Prosecutor General’s Office stated it would reopen the investigation.

In February the European Commission’s European Semester report on the country noted that corruption remained an important concern. Although the commission had noted minimal improvement during the previous year, it stated further steps were necessary to strengthen transparency and competition in public procurement. The report also called for the Prosecutor General’s Office to pursue corruption cases more effectively and determined that “action by Hungarian authorities to prosecute high-level corruption was lacking.”

Financial Disclosure: The law requires members of parliament, senior government officials, the president of the Supreme Court and his deputies, and the prosecutor general to publish asset declarations on a regular basis. NGOs claimed that public officials circumvented the required disclosures by placing assets in the names of spouses, who are not required to file asset declarations. The vast majority of public-sector employees, including law enforcement and army officers, judges, prosecutors, civil servants, and public servants, were also obliged to submit asset declarations, which are not publicly accessible. NGOs noted there were no criminal or administrative sanctions for submitting inaccurate asset declarations and asserted there was no effective method to detect violators.

Section 5. Governmental Attitude Regarding International and Nongovernmental Investigation of Alleged Abuses of Human Rights

In 2018 the Constitutional Court postponed its proceedings on a legal challenge to the NGO law which requires NGOs that receive more than 7.2 million forints ($24,000) per year in funding from abroad to register as foreign-funded organizations. The court stated it would wait for the ruling of the ECJ on an infringement procedure brought by the European Commission. The commission asserted the law unduly interfered with freedom of association. The lawsuit remained pending at year’s end. In 2017 a Venice Commission opinion stated the NGO law would cause disproportionate and unnecessary interference with the freedoms of association and expression, right to privacy, and the prohibition of discrimination.

In December 2018 the OSCE and the Venice Commission concluded jointly that a 2018 law introducing an additional 25 percent tax on activities “providing material support for the operation of NGOs whose activities support immigration” violated freedom of expression and association as guaranteed by the European Convention of Human Rights and other international legal norms and should be repealed.

The law contains a provision, adopted in 2018, that mandates criminal penalties, including imprisonment for up to a year, for “facilitating illegal migration.” The law also criminalizes providing assistance to asylum seekers who were not subject to persecution in their home country or who had already transited a safe country to submit asylum claims; conducting human-rights-focused border monitoring activities; or issuing or distributing information leaflets about asylum procedures. On February 28, the Constitutional Court ruled the law was constitutional but could not be applied “if the purpose of the action is only to reduce the suffering of those in need and treat them humanely.” The court emphasized that the new criminal action can only be committed deliberately and that the perpetrator must know that he or she is helping someone who is not subject to persecution or whose fear of direct persecution is not well founded.

Local authorities sometimes took administrative actions that harassed or interfered with the legitimate work of NGOs. In March, for example, the Budapest municipal authorities forced the Aurora NGO Center, which provided office space for several smaller human rights organizations, to close its bar at 10 p.m., citing complaints from local citizens. In August it ordered Aurora to close the bar completely, depriving Aurora of a significant source of revenue. In September far-right activists disrupted an event at Aurora, and in October a group of neo-Nazis vandalized the center and burned the pride flag that was hanging outside (see also section 6 on violence based on sexual orientation). In November the newly elected (as of October) mayor of the district in which Aurora is located declared the center could remain open and that “Aurora can count on the partnership and protection of the municipality.”

Government Human Rights Bodies: The constitution and law establish a unified system for the Office of the Commissioner for Fundamental Rights (ombudsperson). The ombudsman has two deputies, one responsible for the rights of national minorities and one for the interests of “future generations” (environmental protection). The ombudsman is nominated by the president and elected by a two-thirds majority of parliament. He is solely accountable to parliament and has the authority to initiate proceedings to defend the rights of citizens from abuse by authorities and entities providing public services. The constitution provides that the ombudsman may request that the Constitutional Court review laws. The ombudsman is also responsible for collecting electronically submitted reports of public benefit, e.g., whistleblower reports on public corruption, and operated the national preventive mechanism against torture. Ombudsman recommendations are not binding. The office was viewed as independent and effective within the scope of its responsibilities.

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

Iceland

Section 2. Respect for Civil Liberties, Including:

a. Freedom of Expression, Including for the Press

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

Freedom of Expression: The law establishes fines and imprisonment for up to two years for “[a]nyone who publicly mocks, defames, denigrates, or threatens a person or group of persons by comments or expressions of another nature, for example, by means of pictures or symbols for their nationality, color, race, religion, sexual orientation, or gender identity, or disseminates such materials.”

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 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.

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. It allows for an accelerated procedure by the Ministry of Justice’s Directorate of Immigration of applications deemed to be “manifestly unfounded.” An independent regulatory committee, the Immigration and Asylum Appeals Board, adjudicated asylum cases rejected by the directorate.

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

Durable Solutions: The government accepted refugees for resettlement and provided for their local integration. In October 2018 the government announced that it would resettle 75 refugees in 2019, most of whom originated from Syria, as well as lesbian, gay, bisexual, transgender, and intersex (LGBTI) refugees and their families from Kenyan refugee camps. As of August the country had accepted 49 refugees, all from Syria. The government also signed agreements with three municipalities to resettle 25 LGBTI refugees from Kenyan refugee camps, consisting of persons originally from Uganda, Sudan, Zimbabwe, and other central African countries. As of October the entire group had arrived in Iceland and started receiving services.

Temporary Protection: The government provided temporary protection to individuals who may not qualify as refugees and as of October 15, had provided subsidiary protection to 114 persons and humanitarian protection to 12 others during the year.

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. There were no reports of government corruption during the year.

Financial Disclosure: Most public officials were not bound by law to publicly disclose financial interests, but most chose to do so. The law requires members of parliament and government ministers who are not members of parliament to report their financial interests publicly on parliament’s website and to update this information within one month of receiving new information. As of August 8, all 63 members of parliament elected in 2017 reported their financial interests online. A cabinet directive requires all political advisors and permanent secretaries to submit financial disclosures. As of August all those who were required had disclosed their respective financial interests and made them publicly available online. There are no criminal or administrative sanctions for noncompliance.

Section 5. Governmental Attitude Regarding International and Nongovernmental Investigation of Alleged Abuses of Human Rights

A number of domestic and international human rights groups generally operated without government restriction, investigating and publishing their findings on human rights cases. Government officials were cooperative and responsive to their views.

Government Human Rights Bodies: The parliament’s ombudsman, elected by parliament for a period of four years, secures the rights of the citizens to equal and impartial treatment in their dealings with public authorities. The ombudsman is party to the Optional Protocol to the Convention against Torture and conducts periodic site visits to prisons and psychiatric hospitals; the first site visit of the ombudsman was in October 2018. The ombudsman is independent from any governmental authority, including parliament’s, when exercising his or her functions. While the ombudsman’s recommendations are not binding on authorities, the government generally adopted them.

The Parliamentary Standing Committee on Judicial Affairs and Education is responsible for legislative oversight of human rights in the country. The committee was generally considered effective.

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

Ireland

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

Freedom of Expression: The law prohibits words or behaviors likely to generate hatred against persons because of their race, nationality, religion, national origins, or sexual orientation. Although a referendum to remove blasphemy from the constitution passed in 2018, the law still prohibits blasphemy, defined as publishing or uttering “matter that is grossly abusive or insulting in relation to matters held sacred by any religion, thereby causing outrage among a substantial number of the adherents of that religion.” The law permits defendants to argue “genuine literary, artistic, political, scientific, or academic value” as a defense.

Press and Media Freedom, Including Online Media: Independent media were active and expressed a wide variety of views. The same prohibitions against language likely to generate hatred and blasphemy that affected freedom of expression also applied to the press. The government can prohibit the state-owned radio and television network from broadcasting any material “likely to promote or incite to crime or which would tend to undermine the authority of the state.” Authorities did not invoke these prohibitions during the year.

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), the International Organization for Migration, and other humanitarian organizations in providing protection and assistance to refugees, asylum seekers, stateless persons, and other persons of concern.

f. Protection of Refugees

Access to Asylum: The law provides for the granting of refugee or subsidiary protection status, and the government has established a system for providing protection to refugees. Asylum seekers whose initial applications are rejected can appeal the decision. Asylum seekers have access to legal advice.

NGOs and the UN Human Rights Committee continued to express concern over the length and complexity of the application and appeal processes. In 2018 the average length of stay in “direct provision,” a system that includes housing, meals, a weekly cash allowance, and access to health care for asylum seekers, was 24 months.

Safe Country of Origin/Transit: The country generally follows the EU’s Dublin III Regulation, which permits the return of asylum applicants to the EU member state of original entry for adjudication of asylum claims. As of July the government received 58 asylum seekers who were rescued in the Mediterranean Sea.

Employment: In July 2018 the EU’s recast Reception Conditions Directive was transposed into domestic law. The directive allows access to the labor market for a broader range of persons seeking international protection than those receiving “direct provision” and removed previous limitations to employment, such as salary restrictions and ineligible sectors for employment. An individual seeking asylum can access the labor market nine months after submitting an application for international protection.

Access to Basic Services: The country employs a system called “direct provision” for asylum seekers that includes housing, meals, a weekly cash allowance, and access to health care. Children have access to education. As of December 2018, 75 percent of asylum seekers remained in the government-run support system for less than three years, compared with 73 percent in December 2017. More than 40 percent of asylum seekers spent more than two years in direct provision. The Irish Refugee Council, the national ombudsman, and the UN Human Rights Committee expressed concern over the detrimental effects of long stays in direct provision accommodation for asylum seekers. In November 2018 the direct provision facilities reached capacity, which required the government to house asylum seekers in emergency accommodations in hotels around the country. As of August, 1,068 individuals were in emergency accommodation, including 177 children. NGO representatives said the government’s use of emergency accommodations led to serious difficulties accessing basic services, including health care and education.

Durable Solutions: The government operated a resettlement program to accommodate up to 200 persons referred by UNHCR or identified through selection missions to UNHCR refugee operations. Under the Irish Refugee Protection Program, the government committed to accepting 4,000 refugees, including 2,622 via the EU relocation program. The government has relocated 1,022 refugees since 2016. The government provides a postarrival cultural orientation program and civics and language courses.

Temporary Protection: The government provided temporary protection (subsidiary protection) to individuals who may not qualify as refugees and granted such protection to 200 persons in 2018. Such individuals were entitled to temporary residence permits, travel documents, access to employment, health care, and housing. The government did not make determinations on subsidiary protection status at the same time as determining asylum status. This caused delays, as a separate determination on subsidiary protection could take from several months to more than a year to complete.

Section 4. Corruption and Lack of Transparency in Government

The law provides criminal penalties for corruption by officials, and the government generally implemented the laws effectively. There were no reports of central government corruption during the year.

Corruption: There were isolated reports of low-level government corruption during the year.

Financial Disclosure: Elected and appointed officials, as well as civil servants at the higher grades, are required to furnish a statement in writing to the Standards in Public Office Commission of their financial interests and the interests of their spouse, civil partner, and child that could materially influence the person in the performance of official functions. The commission verifies the disclosures. The commission made public the financial disclosures of elected officials. There are criminal and administrative sanctions for noncompliance.

Section 5. Governmental Attitude Regarding International and Nongovernmental Investigation of Alleged Abuses of Human Rights

A number of domestic and international human rights groups operated without government restriction, investigating and publishing their findings on human rights cases. Government officials often were cooperative and responsive to their views.

Government Human Rights Bodies: The law obliges public bodies to take account of human rights and equality in the course of their work. The Irish Human Rights and Equality Commission (IHREC), an independent government organization, monitored adherence of public bodies to legal obligations. The IHREC was active throughout the year, holding consultations, training sessions, briefings, and policy reviews on human rights issues.

There is also a human rights subcommittee of the parliamentary Committee on Justice, Defense, and Equality. It examines how issues, themes, and proposals before parliament take human rights concerns into account.

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

Italy

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

Freedom of Expression: Detention is legitimate only in case of serious violation of fundamental rights and hate crimes. Speech based on racial, ethnic, national, or religious discrimination is a crime punishable by up to 18 months in prison. Holocaust denial is an aggravating circumstance carrying additional penalties in judicial proceedings.

The law criminalizes insults against any divinity as blasphemy and penalizes offenders with fines from 51 to 309 euros ($56 to $340). There were no reports of enforcement of this law, or of convictions under it, during the year. On July 26, the municipal authorities of Saonara, near Padua, adopted rules penalizing public blasphemy with a 400-euro ($440) fine.

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

Violence and Harassment: The 2019 World Press Freedom Index, compiled by the

NGO Reporters without Borders (RSF), characterized the level of violence against reporters, including verbal and physical intimidation, by private actors as “alarming,” particularly in Campania, Calabria, Apulia, Sicily, Rome, Latium, and Lazio.

The RSF reported journalists increasingly self-censored due to pressure from politicians and organized crime networks. In January, Paolo Borrometi, a journalist collaborating with the newswire Agenzia Giornalistica Italia received a threatening letter, likely from an organized crime syndicate. Borrometi had previous around-the-clock police protection, because prosecutors believed an organized crime cell was planning to kill him for his investigations into its illicit business.

The 2019 report of the Partner Organizations to the Council of Europe Platform to Promote the Protection of Journalism and Safety of Journalists (PJSJ) voiced concerns over physical and verbal attacks on journalists by neo-fascist groups.

Although authorities generally did not participate in or condone violence or harassment against journalists, the RSF and the PJSJ condemned the former deputy prime minister for his hostile social media rhetoric about the media and journalists. On May 23, a group of riot police officers beat Stefano Origone, a reporter for the daily La Repubblica, with batons and kicked him while the journalist was covering clashes among demonstrators near a rally staged by far-right party CasaPound in Genoa. Origone suffered two broken fingers and one broken rib before another police officer stopped the beating, shouting “stop, stop, he’s a journalist.” Police opened an investigation into the incident and expressed regret.

On August 1, the National Federation of the Italian Press (FNSI) denounced the hostility towards journalists who questioned public officials. Valerio Muzio, a journalist for a leading daily La Repubblica, videotaped police intimidating him after they noticed he was filming former deputy prime minister Matteo Salvini’s son riding on a police jet ski, against regulations. On August 5, Chief of Police Franco Gabrielli opened an investigation into possible limitations on freedom of the press stemming from the incident. On August 4, the FNSI expressed solidarity for journalist Sandro Ruotolo, who criticized Salvini in a tweet and subsequently received threats via Twitter from other users.

Libel/Slander Laws: Libel and defamation are criminal offenses punishable by up to three years of imprisonment, which may be increased if directed against a politician or government official. Public officials brought cases against journalists under libel laws. Criminal penalties for libel were seldom carried out. On September 22, the Court of Cassation (Supreme Court) ruled, based on the European Convention on Human Rights, that journalists convicted of libel cannot be punished with imprisonment. Detention is legitimate only in case of serious violation of fundamental rights and hate crimes. In August former prime minister Matteo Renzi sued Antonio Padellaro, former editor of independent daily Fatto Quotidiano, for defamation based on his likening Renzi to the former deputy prime minister during a talk show.

On March 7, the ECHR condemned the country for the jail term given to former deputy editor of the daily Libero Alessandro Sallusti for the publication of some articles in 2007. In 2012 the Court of Cassation had upheld a conviction to 14 months in prison, considered incompatible with the EU Convention on Human Rights, and a 5,000-euro ($5,500) fine.

On June 11, the weekly magazine L’Espresso reported a Milan judge acquitted journalist Emiliano Fittipaldi of defamation charges filed by the former deputy prime minister for having stated during a television show that it was impossible “to deploy Navy ships and shoot at anybody who gets closer, as proposed by the former deputy prime minister in some instances.”

Nongovernmental Impact: The RSF noted many journalists from Rome and the south claimed the mafia and local criminal gangs pressured them. On August 15 in Sulmona, unidentified individuals burned the car of Claudio Lattanzio, a photojournalist for local daily Il Centro. The FNSI also reported threats from organized crime syndicates against journalists. During the year, according to an RSF report, approximately 20 journalists received around-the-clock police protection due to threats from organized crime, while 200 others received occasional protection in 2018. In February a journalist was attacked by a group while filming an investigative story on mafia clans in Abruzzo. The same journalist was previously attacked in late 2017 while he was investigating a different mafia clan’s alleged support for radical group Casa Pound in the Roman coastal town of Ostia.

b. Freedoms of Peaceful Assembly and Association

The constitution 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.

f. Protection of Refugees

Abuse of Migrants, Refugees, and Stateless Persons: International humanitarian organizations accused the government of endangering migrants by encouraging Libyan authorities, through cooperation and resources, to rescue migrants at sea and return them to reception centers in Libya. Aid groups and international organizations deemed Libyan centers to have inhuman living conditions. On January 18, 117 persons drowned when the Italian Coast Guard referred their boat’s distress call to the Libyan Coast Guard, which did not respond. The boat was approximately 50 miles off the Libyan coast, which would have placed it in the Libyan search and rescue zone, when it sunk. Italian prosecutors investigated the Italian Coast Guard’s culpability in the incident and on February 7 determined that the Coast Guard acted in accordance with the law, and in line with its search and rescue procedures.

Media outlets reported some cases of violence against refugees. In July unknown attackers threw rocks at, and seriously injured, nine migrant farm workers on their way to work in fields near Foggia.

The International Organization for Migration (IOM), UNHCR, and NGOs reported labor exploitation of asylum seekers, especially in the agriculture and service sectors (see section 7.b.), and sexual exploitation of unaccompanied migrant minors (see section 6, Children).

The government uncovered corruption and organized crime in resources allotted for asylum seekers and refugees. On July 2, police arrested 11 members of four NGOs for alleged fraud and money laundering in the mismanagement of migration centers.

The government cooperated with UNHCR and other international and humanitarian organizations in providing protection and assistance to internally displaced persons, refugees, returning refugees, asylum seekers, stateless persons, and other persons of concern. The uncertainty of EU member states’ willingness to accept a share of migrant arrivals affected the willingness of authorities to protect migrants and asylum seekers brought to the country by rescue vessels.

Refoulement: Amnesty International and other NGOs accused the government of encouraging refoulement by pressuring NGOs to limit rescues of migrants in the Mediterranean Sea and encouraging the Libyan coast guard to take rescued migrants back to Libya. UNHCR did not classify this as refoulement but stated it was looking into the legality of the country’s actions. UNHCR did not consider Libya a “safe port” because it has not signed the applicable UN refugee conventions.

Access to Asylum: In December 2018 the previous government enacted a law sponsored by the interior minister at the time which was designed in part to reduce irregular migration to Italy and to remove humanitarian protection status for migrants. The passage of the law resulted in a higher percentage of denials of any form of protection for migrants. The law also closed the country’s ports to rescue ships the government suspected of communicating and coordinating maritime rescues off the coast of Libya with Libya-based traffickers. On January 31, a rescue ship flying the Dutch flag docked in Lampedusa without the government’s permission. Authorities arrested the ship’s captain, Carola Rackete, but released her and the ship when other EU countries agreed to relocate some of the asylum seekers. On May 20, six UN experts sent a letter to the government expressing concern for the security decree’s incompatibility with the right to life and the principle of nonrefoulement. On August 5, parliament approved a migration and security decree that empowers the Ministry of Interior to prohibit NGO migrant rescue ships suspected of collaborating with traffickers from entering the country’s territorial waters. With the formation of a new government coalition in September and Salvini’s departure from government, some security decrees were under review, and most NGO rescue ships were again allowed to dock in Italian ports. From January to November 7, authorities registered 9,944 new seaborne arrivals. Between August 2018 and July 2019, the Ministry of Interior expelled 6,862 illegal migrants.

NGOs and independent observers identified difficulties in asylum procedures, including inconsistency of standards applied in reception centers and insufficient referral rates of trafficking victims and unaccompanied minors to adequate services.

Regional adjudication committees took an average of six months to process asylum claims. If a case was legally appealed, the process could last up to two years. Authorities closed the largest migration centers in Sicily and Lazio, where service provided to asylum seekers was not always adequate. On July 31, migration centers hosted 105,000 migrants, a 34-percent decrease from the previous year. From January to June, the government received 16,865 asylum requests.

Safe Country of Origin/Transit: The country is party to the EU’s Dublin III Regulation and its subsequent revisions, which identifies the member state responsible for examining an asylum application based primarily on the first point of irregular entry.

Freedom of Movement: The law permits authorities to detain migrants and asylum seekers in identification and expulsion centers for up to 180 days if authorities decide they pose a threat to public order or if they may flee from an expulsion order or pre-expulsion jail sentence. The government paired efforts to reduce migrant flows through the Mediterranean Sea on smuggler vessels with restrictions on freedom of movement for up to 72 hours after migrants arrived in reception centers.

Employment: According to the Federation of Agroindustrial Workers–an affiliate of the Italian General Labor Confederation (CGIL)–and other labor unions and NGOs, employers continued to discriminate against refugees in the labor market, taking advantage of weak enforcement of legal protections against exploitation of noncitizens. High unemployment in the country also made it difficult for refugees to find legal employment.

Access to Basic Services: Authorities set up temporary housing for refugees, including high-quality centers run by local authorities, although many were in larger centers of varying quality, including repurposed facilities such as old schools, military barracks, and residential apartments. UNHCR, the IOM, and other humanitarian organizations and NGOs reported thousands of legal and irregular foreigners, including refugees, were living in abandoned, inadequate, or overcrowded facilities in Rome and other major cities. They also reported refugees had limited access to health care, legal counseling, basic education, and other public services.

Some refugees working in the informal economy could not afford to rent apartments, especially in large cities. They often lived in makeshift shacks in rural areas or squatted in buildings where they lived in substandard conditions. On July 30, police forcibly evicted 400 persons, including refugees, squatting in a building in the outskirts of Turin originally built to host Olympic athletes. NGOs and advocacy groups alleged the Rome municipal government failed to provide alternative public housing for evicted persons, including refugees with legal status.

On June 6, hosted refugees and other migrants in Frosinone staged a demonstration against the reduction of the daily allowance provided by the government to asylum seekers in which two police were injured. On September 2, refugees and other migrants joined Italians in Foggia, Puglia, to organize a sit-in inside the building where the territorial committee meets to adjudicate asylum. Protesters drew attention to the lack of services and asked for greater scrutiny of labor exploitation in southern Italy.

Durable Solutions: The government’s limited attempts to integrate refugees into society produced mixed results. The government offered refugees whose asylum was granted resettlement services. The government and the IOM assisted migrants and refugees who opted to return to their home countries.

Temporary Protection: Between January and September, the government provided humanitarian protection to 16,761 persons and subsidiary protection to 2,614 persons.

Section 4. Corruption and Lack of Transparency in Government

The law provides criminal penalties for corruption by officials, and the government sometimes implemented the law effectively. Officials sometimes engaged in corrupt practices with impunity. There were numerous reports of government corruption during the year.

Corruption: On February 25, a Rome court sentenced former Rome mayor Gianni Alemanno to six years in prison and a lifetime ban on holding public office for corruption and for accepting illegal funds from an organized crime clan that obtained lucrative public contracts.

Financial Disclosure: The law requires members of parliament to disclose their assets and incomes. The two parliamentary chambers publish a bulletin containing parliamentarians’ information (if agreed to by each member of parliament) on their public websites. The law stipulates that the president of each chamber may order noncompliant members to submit their statements within 15 days of their request but provides for no other penalties. Ministers must disclose their information online.

Section 5. Governmental Attitude Regarding International and Nongovernmental Investigation of Alleged Abuses of Human Rights

A variety of domestic and international human rights groups generally operated without government restriction, investigating and publishing their findings on human rights cases. While government officials were generally cooperative and responsive to their views, former minister Salvini alleged some foreign NGOs conducting search and rescue activities in the central Mediterranean coordinated their activities with human traffickers.

Government Human Rights Bodies: The Ministry of Foreign Affairs’ Interministerial Committee for Human Rights and the Senate’s Human Rights Committee focused on international and high-profile domestic cases. The National Office to Combat Racial Discrimination under the Department of Equal Opportunity in the Prime Minister’s Office assisted victims of discrimination.

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

Japan

Section 2. Respect for Civil Liberties, Including:

a. Freedom of Expression, Including for the Press

The constitution provides for freedom of speech and expression, including for the press, and the government generally respected these freedoms. The independent press and a functioning democratic political system sustained freedom of expression in the reporting year.

Freedom of Expression: Despite a law addressing hate speech, the government neither penalizes nor prohibits it. While there was a decrease in hate speech at demonstrations, it increased in propaganda, election campaigning, and online. Hate crimes also increased.

In response some prefectures and municipalities have taken action. In April an ordinance went into effect in Tokyo restricting the use of parks and other public facilities for potential hate rallies or other hate speech events, requiring universities and other businesses in its jurisdiction to make efforts to eliminate unjust discrimination and requiring the municipality to take measures to prevent the spread of certain hate speech on the internet following a consultation with a review board to avoid restricting legitimate acts of expression. The ordinance was modeled after similar ones in Osaka and Kawasaki. Some legal, journalist, and political groups expressed concerns that the ordinance is too vague and could suppress freedom of speech. In December the City of Kawasaki enacted an ordinance that bans discriminatory language and actions against foreign persons in public places in the city, for which repeat offenders are subject to a fine of up to 500,000 yen ($4,600).

In July the Tokyo District Court provisionally decided to prohibit a figure, as yet unnamed, known for making anti-Korean hate speeches, from organizing an anti-Korea demonstration within a 550-yard radius of the North Korea-affiliated Tokyo Korean Junior and Senior High School, press reported.

According to legal experts and NGOs, hate speech and hate crimes against ethnic Koreans were particularly prominent and numerous, but also were directed at other racial and ethnic minorities. In August a Korean resident filed a human rights complaint against a professor at a Tokyo-based university based on the city’s newly enacted ordinance banning ethnic discrimination. The professor was accused of repeatedly using hate speech against Koreans in class and online.

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

While no such cases have ever been pursued, the law enables the government to prosecute those who publish or disclose government information that is a specially designated secret. Those convicted face up to five years’ imprisonment with work and a fine of not more than five million yen ($46,000).

Censorship or Content Restrictions: Domestic and international observers continued to express concerns that the system of kisha (reporter) clubs attached to government agencies may encourage censorship. These clubs are established in a variety of organizations, including ministries, and may block nonmembers, including freelance and foreign reporters, from covering the organization.

During the year the government barred two journalists from travelling abroad. In February Kosuke Tsuneoka was denied boarding on a flight to Yemen, via Oman, and told his passport had been revoked. In July the Foreign Ministry denied a passport to Jumpei Yasuda, who planned to travel to India and Europe. In both cases, officials cited legal provisions enabling the Foreign Ministry to deny passports if the holder is not permitted to enter a destination country. Tsuneoka was banned from entering Oman; Yasuda was barred from Turkey, although that country was not on his travel plans. The law also allows denial of a passport if the planned travel could harm the country’s national interest, but the government did not cite that provision in its statements. Numerous domestic and internal observers and groups criticized these actions.

Libel/Slander Laws: Libel is a criminal as well as civil offense. The law does not accept the truthfulness of a statement in itself as a defense. There is no evidence the government abused these laws to restrict public discussion during the year.

b. Freedoms of Peaceful Assembly and Association

The law provides for freedom of 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

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

Most applicants for refugee status had legal residential status when they submitted their asylum applications. Many of the applicants who were not legally in the country were housed indefinitely and sometimes for prolonged periods in immigration detention facilities. There is no limit to the potential length of detention. NGOs reported that foreign nationals dying in those facilities was a significant concern. Civil society groups said the indefinite detention of asylum seekers was itself a problem and also expressed concerns about poor living conditions. Legal experts and UNHCR noted that due to lengthy detentions, detainees were protesting their conditions and engaging in hunger strikes; the latter were intended to create a health concern that would warrant medical release.

On June 24, a Nigerian detainee under deportation order died at the Omura Immigration Center in Nagasaki. The Immigration Services Agency, under the Justice Ministry, investigated the death but did not publicize the cause. On August 8, the JFBA stated that the man, the father of a Japanese child, was at the time of his death on a hunger strike at the detention facility to protest his three years and seven months in detention. The JFBA called on the independent inspection committee on immigration detention facilities to investigate his death and publicize its findings. In October the Immigration Services Agency proposed measures to improve counseling, medical treatment, and information sharing by detention workers.

As of September, 198 detainees were on hunger strike across the country.

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 country’s refugee screening process was, however, strict; in 2018, 42 asylum applications (vice 20 in 2017) were approved out of 10,493 applications. NGOs and UNHCR expressed concern about the low rate of approval (0.25 percent). Civil society groups said that more restrictive screening procedures implemented in 2018 resulted in the voluntary withdrawal of an additional 2,923 applications. NGOs noted the broadening of categories of individuals who could be granted asylum, citing one case in which the recipient was facing persecution in his or her home country as an LGBTI individual.

Forty foreign nationals not recognized as refugees were also admitted under humanitarian considerations.

In addition to the regular asylum application system, the government may accept other refugees under a pilot refugee resettlement program that began in 2010. On September 25, as part of the program, the government accepted 20 Syrian refugees from six families who had been staying temporarily in Malaysia. The government capped refugees from Burma at 30 a year within the pilot program. Approximately 300 Rohingya Muslims were living in the country under special stay permits on humanitarian grounds or temporary stay visas on the basis of ethnic and religious persecution in Burma. Only 18 Rohingya asylum seekers have been granted refugee status.

Refugee and asylum applicants who are minors or applicants with disabilities may ask lawyers to participate in their first round of hearings before refugee examiners. As government-funded legal support was not available for most refugee and asylum seekers requesting it, the Federation of Bar Associations continued to fund a program that provided free legal assistance to those applicants who could not afford it.

The Ministry of Justice, the Federation of Bar Associations, and the NGO Forum for Refugees Japan continued to cooperate to implement the Alternatives to Detention (ATD) project to provide accommodations, casework, and legal services for individuals who arrived at Narita, Haneda, Chubu, and Kansai airports; received temporary landing or provisional stay permission; and sought refugee status. Government-subsidized civil organizations and donations fund the ATD project. An NGO reported a significant decrease in the number of refugee applicants at air and sea ports, to 12 from January through June 2018 from 133 in 2017.

Freedom of Movement: A refugee or asylum seeker may be granted a provisional release from detention with several restrictions. Under provisional release, the foreigner must appear at the Immigration Bureau once a month, stay within the prefecture in which he or she resides, and report any change of residence to the Immigration Office. The system of provisional release requires a deposit that may amount up to three million yen ($27,600) depending on the individual case. If the refugee or asylum seeker does not follow the requirements of provisional release, their deposit is subject to confiscation. Lawyers noted that those found working illegally are punished with a minimum of three years of detention.

Employment: Applicants for refugee status normally may not work unless they have valid short-term visas. They must apply for permission to engage in income-earning activities before the visas expire. In the interim before approval, the Refugee Assistance Headquarters, a section of the government-funded Foundation for the Welfare and Education of the Asian People, provided small stipends to some applicants who faced financial difficulties.

Access to Basic Services: Refugees continued to face the same discrimination patterns often seen by other foreigners: reduced access to housing, education, and employment. Except for those who met right-to-work conditions, individuals whose refugee applications were pending or on appeal did not have the right to receive social welfare. This status rendered them dependent on overcrowded government shelters, illegal employment, or NGO assistance.

Temporary Protection: The government provided temporary protection to 40 individuals in 2018 who may not qualify as refugees.

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. There were documented cases of corruption by officials.

Independent academic experts stated that ties among politicians, bureaucrats, and businesspersons were close, and corruption remained a concern. NGOs continued to criticize the practice of retired senior public servants taking high-paying jobs with private firms that relied on government contracts. There were investigations into financial and accounting irregularities involving government officials.

Corruption: Media reported on several convictions related to corruption. In September it was made public that the former deputy mayor of Fukui Prefecture’s Takahama, which hosts a Kansai Electric Power Co. (KEPCO) nuclear power plant, paid KEPCO’s president, chairman, and other executives 320 million yen ($2.95 million) in money and goods over a seven-year period beginning in 2011 in return for receiving at least 2.5 billion yen ($23 million) worth of nuclear plant-related work orders for a local construction company. In August a Diet member and parliamentary vice minister at the Ministry for Health, Labor, and Welfare (MHLW), resigned his ministry position following allegations he planned to accept bribes for pressuring the Ministry of Justice to expedite issuance of visas for foreign workers. The accused individual denied he had done anything illegal and kept his Diet seat.

Financial Disclosure: The law requires members of the Diet to disclose publicly their income and assets (except for ordinary savings), including ownership of real estate, securities, and transportation means. Local ordinances require governors of all 47 prefectures, prefectural assembly members, mayors, and assembly members of 20 major cities to disclose their incomes and assets; assembly members of the remaining approximately 1,720 municipalities are not required to do the same. There are no penalties for false disclosure. The law does not apply to unelected officials. Separately, a cabinet code provides that cabinet ministers, senior vice-ministers, and parliamentary vice-ministers publicly disclose their, their spouses’, and their dependent children’s assets.

Section 5. Governmental Attitude Regarding International and Nongovernmental Investigation of Alleged Abuses of Human Rights

A number of domestic and international human rights groups generally operated without government restriction, investigating and publishing their findings on human rights cases. Government officials were usually cooperative and responsive to their views.

Government Human Rights Bodies: The Justice Ministry’s Human Rights Counseling Office has more than 300 offices across the country. Approximately 14,000 volunteers fielded questions in person, by telephone, or on the internet, and provided confidential consultations. Counselling in any of six foreign languages was available in 50 offices. These consultative offices fielded queries, but they do not have authority to investigate human rights violations by individuals or public organizations, provide counsel, or mediate. Municipal governments have human rights offices that deal with a range of human rights problems.

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

Discrimination based on race, ethnicity, nationality, sexual orientation, or gender identity is not prohibited.

Latvia

Section 2. Respect for Civil Liberties, Including:

a. Freedom of Expression, Including for the Press

The constitution and the law provide for freedom of expression, including for the press, and the government generally respected this right. An independent press and judiciary, and a functioning democratic political system combined to promote freedom of expression, including for the press. The government legally restricts racial and ethnic incitement, denial, or glorification of crimes against humanity, and certain war crimes.

Freedom of Expression: Although the law generally provides for freedom of speech, it criminalizes incitement to racial or ethnic hatred and the spreading of false information about the financial system. The law forbids glorifying or denying genocide, crimes against humanity, and war crimes against the country perpetrated by the Soviet Union or Nazi Germany. Violation of these provisions can lead to a five-year prison sentence, community service, or a fine. There are also restrictions on speech deemed a threat to the country’s national security. The law criminalizes nonviolent acts committed against the state or that challenge its “independence, sovereignty, territorial integrity, or authority.”

As of October authorities investigated individuals for inciting national, ethnic, or racial hatred, but issued no indictments.

Press and Media Freedom, Including Online Media: Independent media were active and expressed a wide variety of views with few restrictions. The law requires that 65 percent of all television broadcast time in national and regional electronic media be in Latvian or be dubbed or subtitled. Extensive Russian-language programming was also available in all national and local media. Restrictions on speech that incites racial hatred, spreads false information about the financial system, or glorifies or denies genocide, crimes against humanity, or crimes against the country by the Soviet Union or Nazi Germany also apply to print and broadcast media, the publication of books, and online newspapers and journals.

Electronic media are legally required to present news and current affairs programs with due accuracy and impartiality. All companies, including the media and other publishers, are required to disclose their ownership, and this data is publicly available. Electronic mass media are required to disclose their ultimate beneficiaries and report any changes to the media regulator. NGOs stated that opaque ownership of many of the largest media outlets posed a threat to media independence and transparency.

The Latvian Journalists Association expressed concern about local newspapers’ independence and viability. Some municipalities provided funding to local newspapers in exchange for editorial control, or even published their own newspapers to drive independent competitors out of business.

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 and law provide 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 established a system to provide protection to refugees.

Safe Country of Origin/Transit: The country adheres to the EU’s Dublin III Regulation, which permits authorities to return asylum seekers to their country of first entry into the EU if they arrive from other EU member states, except in cases involving family reunification or other humanitarian considerations. The government made an exception to this policy to participate in the EU’s efforts to address high levels of migration into Europe.

Durable Solutions: Some observers expressed concern that the government did not take sufficient steps to integrate asylum seekers granted refugee status in the country. Refugee benefits fell well below the country’s poverty line.

Temporary Protection: In the first eight months of the year, the government provided no subsidiary protection status to any individual who did not qualify as a refugee.

Section 4. Corruption and Lack of Transparency in Government

The law provides criminal penalties for corruption by officials, but the government did not consistently implement the law effectively. Officials sometimes engaged in corrupt practices, and polling data consistently showed that the majority of the public believed corruption was widespread and that officials were rarely held accountable.

Corruption: Corruption was a problem. Investigation of corruption cases improved, but prosecutions were slow, and conviction rates low. NGOs noted that the Bureau for Combating and Preventing Corruption (KNAB) and media outlets focused more attention on large-scale corruption cases, such as the case of European Central Bank Governor Ilmars Rimsevics, corruption in transportation procurement, construction businesses, and waste management.

In September KNAB initiated criminal proceedings against an alleged construction industry cartel that used illegal agreements between cartel members to divide work on some of the country’s largest public sector projects among them. KNAB indicated it had reason to believe that at least 10 of the largest construction companies in the country were involved in the illegal arrangement.

Financial Disclosure: The law requires public officials to file income and asset disclosures annually. Declarations are made public, and there are sanctions for noncompliance. While authorities investigated some irregularities, NGOs stated that the State Revenue Service had limited capacity and thus could not effectively oversee these disclosures.

Section 5. Governmental Attitude Regarding International and Nongovernmental Investigation of Alleged Abuses of Human Rights

Domestic and international human rights groups generally operated without government restriction, investigating and publishing their findings on human rights cases. Government officials often cooperated with NGOs and responded to their views and inquiries.

Government Human Rights Bodies: The Office of the Ombudsman is responsible for monitoring the government’s performance on human rights. The ombudsman received some cooperation from the agencies it monitored and operated without direct government or political interference.

NGOs continued to criticize the Office of the Ombudsman for lacking the institutional authority or capacity to investigate and act on allegations of discrimination. The office also encountered difficulties resolving problems that required parliamentary funding or changes in the law. In a report published on March 5, the Council of Europe’s European Commission against Racism and Intolerance (ECRI) observed that the ombudsman’s mandate does not include providing independent assistance to victims of racism and racial discrimination. The ombudsman cannot enforce its recommendations or levy fines, although it may apply to the Constitutional Court to initiate proceedings against a public institution that has failed to address a source of discrimination. The ombudsman can also file a complaint in an administrative court if it is in the public interest or bring a case to the civil courts if the problem concerns a violation of equal treatment, ECRI stated. As required by law, the Office of the Ombudsman published an annual report describing its activities and making recommendations to the government.

A standing parliamentary committee on human rights and public affairs met weekly when parliament was in session. It considered initiatives related to human rights but generally focused on public media policy.

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

Liechtenstein

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.

Freedom of Expression: The law prohibits public insults, including via electronic means, directed against an individual’s race, language, ethnicity, religion, world view, gender, disability, age, and sexual orientation, with a possible prison sentence of up to two years for violations. In 2018 authorities registered two cases of public insults; no charges were filed through September 2019.

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

Abuse of Migrants, Refugees, and Stateless Persons: In some cases authorities detained unsuccessful asylum applicants pending their deportation.

The government cooperated with the Office of the UN High Commissioner for Refugees and other humanitarian organizations in providing protection and assistance to internally displaced persons, refugees, 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 established a system for providing protection to refugees. The law allows asylum seekers under deportation orders to be granted an appeal hearing if requested within five days after the decision. The law permits persons from safe countries of origin who are ruled to be ineligible to be processed for denial of asylum within a maximum of seven days.

Safe Country of Origin/Transit: Persons entering the country from another safe country, including Kosovo, Macedonia, Serbia, Benin, and Ghana, among others, are not eligible for asylum.

Temporary Protection: The government also provided subsidiary and humanitarian protection to individuals who may not qualify as refugees and provided it to approximately five persons in each category in 2018.

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. Bribery in the private sector is also a criminal offense. There were no reports of government corruption during the year.

Financial Disclosure: Public officials are not subject to financial disclosure laws.

Section 5. Governmental Attitude Regarding International and Nongovernmental Investigation of Alleged Abuses of Human Rights

A variety of domestic and international human rights groups generally operated without government restriction, investigating and publishing their findings on human rights cases. Government officials were cooperative and responsive to their views.

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

Lithuania

Section 2. Respect for Civil Liberties, Including:

a. Freedom of Expression, Including for the Press

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

Freedom of Expression: The constitutional definition of freedom of expression does not permit slander; disinformation; or incitement to violence, discrimination, or national, racial, religious, or social hatred. Inciting hatred against a group of persons is punishable by imprisonment for up to two years. Inciting violence against a group of persons is punishable by imprisonment for up to three years.

It is a crime to deny or “grossly to trivialize” Soviet or Nazi German crimes against the country or its citizens, or to deny genocide, crimes against humanity, or war crimes.

Press and Media, Including Online Media: Independent media were active and expressed a wide variety of views. They are subject to the same laws that prohibit hate speech and criminalize speech that grossly trivializes international and war crimes.

It is illegal to publish material that is “detrimental to minors’ bodies or thought processes” or that promotes the sexual abuse and harassment of minors, sexual relations among minors, or “sexual relations.” Human rights observers continued to criticize this law. Lesbian, gay, bisexual, transgender, and intersex (LGBTI) groups claimed that it served as a rationale for limiting LGBTI awareness-raising efforts and that agencies overseeing publishing and broadcast media took prejudicial action against the coverage of stories with LGBTI themes.

Censorship or Content Restrictions: On April 26, parliament amended the Law on the Provision of Information to the Public granting the Radio and Television Commission of Lithuania (LRTK) the right to impose a 72-hour suspension on television programs that posed a threat to public and national security. The LRTK may impose this suspension without a court order on television programs from countries both within and outside the EU, the European Economic Area, and from European states that ratified the Council of Europe’s Convention on Transfrontier Television.

Libel/Slander Laws: The law makes insulting or defaming the president of the country in mass media a crime punishable by a fine. Authorities did not invoke it during the year.

b. Freedoms of Peaceful Assembly and Association

The government generally respected the freedoms of peaceful assembly and association, with the exception of some organizations associated with the Soviet period.

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 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.

Safe Country of Origin/Transit: In compliance with the EU’s Dublin III Regulation, authorities barred asylum seekers arriving from safe countries of origin or transit and returned them to such countries without reviewing the substantive merits of their applications. The government’s participation in the EU’s efforts to address high levels of migration into Europe was an exception to this policy.

Employment: Refugee employment opportunities were primarily concentrated in construction, hospitality (restaurants), manufacturing, and housekeeping. Highly skilled positions required Lithuanian, English, or Russian language skills. The lack of language skills, job search assistance, and education, and qualifications were major barriers to the employment of refugees.

Access to Basic Services: Refugees said that language barriers prevented them from accessing health and psychological consulting services. The parliamentary ombudsman reported that some children did not attend school. Some schools were unprepared to accept refugee children because they lacked teachers who were able to integrate children into the education system notwithstanding the language barrier.

Durable Solutions: During the year four refugees were settled permanently in the country.

Temporary Protection: The government may grant “temporary protection” to groups of persons. Authorities may also grant “subsidiary protection” to individuals who may not qualify as refugees, and in 2018 the authorities extended temporary protection to 20 persons.

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. Government officials sometimes engaged in corrupt practices with impunity.

Corruption: In July media reported that 48 persons, including eight judges and six attorneys, were suspected of judicial corruption, involving 110 criminal acts. According to the pretrial investigation, these judges received a total of 400,000 euros ($440,000) in bribes in exchange for favorable rulings. In September parliament passed resolutions to dismiss four of eight judges involved in the judicial corruption case.

As of September, 155 pretrial investigations of corruption were in progress.

Financial Disclosure: The law requires appointed and elected officials to declare their assets and incomes annually. The declarations were available to the public. Administrative sanctions were imposed for noncompliance.

Section 5. Governmental Attitude Regarding International and Nongovernmental Investigation of Alleged Abuses of Human Rights

Domestic and international human rights groups generally operated without government restriction, investigating and publishing their findings on human rights cases. Government officials were generally cooperative and responsive to their views.

Government Human Rights Bodies: The Office of the Parliamentary Ombudsman has three mandates: to investigate complaints about abuse of office or other violations of human rights involving public administration; to implement the national prevention of torture mechanism under the UN’s Optional Protocol to the Convention against Torture; and to serve as an accredited national human rights institution. In the last capacity, the parliamentary ombudsman is responsible for reporting on and monitoring human rights problems, cooperating with international and domestic human rights organizations, and promoting human rights awareness and education.

The Equal Opportunities Ombudsman operates an independent public institution with responsibility for implementing and enforcing rights under the law and for investigating individual complaints.

A Children’s Rights Ombudsman is responsible for overseeing observance of children’s rights and their legal interests. It may initiate investigations of possible violations of such rights, either upon receipt of a complaint or on its own initiative.

Parliament’s human rights committee prepares and reviews draft laws and other legal acts related to civil rights and presents recommendations to government institutions and other organizations about problems related to the protection of civil rights. It also receives reports from the Office of the Parliamentary Ombudsman.

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

Luxembourg

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

Freedom of Expression: The law prohibits hate speech in any medium, including online, and provides for prison sentences of between eight days and two years and fines between 251 and 25,000 euros ($280 and $27,500) for violations. The public prosecutor’s office and the courts responded firmly to hate speech. Victims of hate speech on the internet as well as third-party observers can access a website to report hateful remarks and seek help and advice.

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

Libel/Slander Laws: The law prohibits “libel, slander and defamation” and provides for prison sentences of between eight days and two years and fines between 251 and 25,000 euros ($280 and $27,500) for violations. The government or individual public figures did not use these laws to restrict public discussion or retaliate against journalists or political opponents.

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 and law provide 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 established a system for providing protection to refugees. Nongovernmental organizations (NGOs) stated that applicants for asylum continued to experience prolonged waiting periods for adjudication of their claims in some individual cases. Representatives of the Immigration Directorate at the Ministry of Foreign and European Affairs noted that the average waiting time was 6.5 months.

Safe Country of Origin/Transit: The country generally denied asylum to asylum seekers who arrived from a safe country of origin or transit, pursuant to the EU’s Dublin III Regulation. The government considered 13 countries to be “safe countries of origin” for purposes of asylum. A “safe country” is one that provides for compliance with the principles of fundamental human rights and does not expose nationals to torture and persecution. The Ministry of Foreign Affairs maintains and updates as needed a list of safe countries. The Directorate of Immigration can examine asylum requests through an accelerated procedure for nationals of safe countries of origin as determined by the law. The non-EU countries considered “safe” at the end of 2017 were Albania, Benin (only for male applicants), Bosnia and Herzegovina, Cabo Verde, Croatia, Georgia, Ghana (only for male applicants), Kosovo, Macedonia, Montenegro, Senegal, Serbia, and Ukraine.

Employment: Once granted asylum, there are no additional legal restrictions on a refugee’s ability to work other than those applicable to non-EU country nationals. According to the country’s National Refugee Council (a collection of NGOs assisting refugees), the absence of training opportunities during the application process affected a refugee’s chances of direct employment once granted asylum. In addition the council underscored that language barriers and an inability to understand the domestic job market reduce employment opportunities. According to the representatives of the Immigration Directorate, application procedures are the same for all non-EU nationals.

Asylum seekers can apply for a temporary work permit six months after applying for asylum. Job positions are published at the national employment agency but are open to non-EU nationals only if no qualified Luxembourg or other EU citizen registered with the national employment agency applies within three weeks. The Ministry of Foreign Affairs must approve requests for temporary work permits. According to the National Refugee Council, application procedures are lengthy and not adapted to the needs of the labor market.

Durable Solutions: Through the EU, the country accepted refugees for resettlement, offered naturalization to refugees residing in the country, and assisted in voluntary return to their homelands.

Temporary Protection: The law provides for temporary protection, triggered for example by a decision of the Council of the EU when necessary to provide immediate and temporary protection to a massive influx of displaced persons from outside the EU who cannot return to their countries of origin. In addition the government provided subsidiary protection to individuals who may not qualify as refugees, but who could not return to their country of origin due to a risk of serious harm, and provided it to approximately 74 persons during 2018.

Section 4. Corruption and Lack of Transparency in Government

The law provides criminal penalties for corruption by officials, and the government generally implemented these laws effectively.

Financial Disclosure: By executive order, cabinet members must disclose any company assets, in the form of shares or otherwise, that they own. The order requires that prospective ministers submit the information before they assume office. The declarations are available to the public on the government’s internet website. There are no criminal or administrative sanctions for noncompliance, and no particular agency has a mandate to monitor disclosures.

Section 5. Governmental Attitude Regarding International and Nongovernmental Investigation of Alleged Abuses of Human Rights

A number of domestic and international human rights groups operated without government restriction, investigating and publishing their findings on human rights cases. Government officials often were cooperative and responsive to their views.

Government Human Rights Bodies: The government bodies that deal with human rights are the Consultative Commission for Human Rights and the Ombudsman Committee for the Rights of Children. In addition the Center for Equal Treatment monitors issues related to discrimination based on race or ethnic origin, sex, sexual orientation, religion or beliefs, disability, and age. The three organizations are government funded and composed of government nominees but act independently of the government and of one another. The government provided resources that enabled the continuous and unrestricted operation of the committees. As consultative bodies in the legislative process, the committees commented on the government’s bills and amendments to laws concerning human rights. They were also active in outreach efforts, informing the public about human rights and the rights of children and publishing annual reports on their activities.

The ombudsman mediates solely between citizens and the public sector and cannot receive complaints against the private sector, although many assistance institutions are private or run by not-for-profit organizations that often received government support. The Center for Equal Treatment can receive complaints against the private sector but cannot take cases to court on behalf of victims.

The Interministerial Committee on Human Rights aims to improve interministerial cooperation and coordination on human rights issues and to strengthen the country’s internal and external human rights policies. It is in charge of monitoring the implementation of the country’s human rights obligations in consultation with national human rights institutions and civil society. Every ministry has a seat on the committee, which is coordinated by the Ministry of Foreign and European Affairs and chaired by the ambassador-at-large for human rights.

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

Malta

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

Freedom of Expression: It remains a criminal offense to “commit an offence against decency or morals, by any act committed in a public place or in a place exposed to the public.” The law criminalizes speech that promotes hatred on grounds of gender, gender identity, sexual orientation, race, color, language, ethnic origin, religion or belief, or political or other opinion. Incitement to religious hatred is punishable by a prison term of six to 18 months.

Violence and Harassment: In 2017 police charged three persons with the killing of investigative journalist Daphne Caruana Galizia in a 2017 car bombing near her home. Authorities, however, have not brought the men to trial. Caruana Galizia had reported on major government corruption, allegedly involving the prime minister and other senior government officials.

In September Prime Minister Muscat created a commission for an independent public inquiry into Caruana Galizia’s killing. On November 20, police arrested business magnate Yorgen Fenech as a “person of interest” in the killing. On November 30, they arraigned Fenech and charged him with criminal conspiracy, being an accomplice in Caruana Galizia’s murder, and of conspiring to commit murder, among other things. Fenech denied the charges (see also section 4, Corruption and Lack of Transparency in Government). Both the president of the country and the cabinet denied Fenech’s requests for a presidential pardon in return for giving evidence against persons in high positions with connections to the murder. Both the public inquiry and the murder investigation were ongoing.

International organizations criticized officially sponsored online disinformation campaigns aimed at vilifying and intimidating critics.

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

Abuse of Migrants, Refugees, and Stateless Persons: Reports of abuse of migrants attracted by the country’s unskilled labor shortage, including health and safety issues, workers found living in substandard conditions, and low wages, spiked during the year. For example, authorities evicted migrants from substandard housing in multiple raids.

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

Safe Country of Origin/Transit: The country denied asylum to applicants who arrived from other EU countries, in accordance with the Dublin III Regulation.

Freedom of Movement: The government may legally detain an asylum applicant for up to nine months. By law the detention must serve to verify the applicant’s identity or nationality; identify elements on which the asylum application is based; decide on the applicant’s legal right to enter the country; facilitate a return procedure, including to another EU country; or protect national security or public order.

In some cases, immigration authorities may allow alternatives to detention, which are also limited to nine months’ duration, which may include regular reporting to an assigned place, residing at an assigned place, or depositing documents or a surety. Most asylum seekers were allowed one of these alternatives to detention and stayed in detention for no more than two months.

Immigration officers may also legally detain irregular migrants (including failed asylum seekers) who are subject to repatriation. Such detention may have a duration of six months and can be extended by a further 12 months. Most persons detained under these regulations stayed in detention for less than three months prior to their return.

Persons permitted to remain in the country were issued work permits. They were eligible for voluntary repatriation programs, but few chose to participate.

Durable Solutions: Between January and July, 34 persons were granted refugee status. Few refugees were able to naturalize. While persons with refugee status may apply for reunification with family outside the country, those with temporary “subsidiary” protection–the majority of asylum seekers–are not allowed to do so. As of August, eight migrants had sought assisted voluntary return. According to several nongovernmental organizations (NGOs), integration efforts moved slowly, as migrants generally tended to stay close to residential centers, although some moved into the community. Many migrants found work, mostly in low-skill sectors.

Temporary Protection: The government also provided temporary protection, known as “subsidiary” protection, to individuals who may not qualify as refugees. From January to July, the country granted subsidiary protection to 168 persons.

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 against low-level corruption. Allegations of high-level government corruption continued during the year. Rule of law concerns over the government’s lack of criminal prosecutions and convictions for tax evasion and money laundering persisted. Authorities prioritized tax collection over criminal investigations on tax-related matters and similar financial investigations and excluded money-laundering considerations in such cases.

Corruption: There were developments during the year on allegations of high-level government corruption stemming from international investigations into Pilatus Bank, established in Malta in 2014. Before journalist Daphne Caruana Galizia was killed in an unsolved car bombing in 2017, she alleged the prime minister’s wife was the ultimate beneficial owner of a Panamanian offshore account, Egrant Inc., connected to transactions involving Pilatus and was working on freshly leaked emails related to a second government corruption scandal involving allegations that the prime minister’s chief of staff, Keith Schembri, and the then energy minister, Konrad Mizzi, took part in a 1.8 million euro (two million dollar) kick-back scheme.

On November 20, police arrested business magnate Yorgen Fenech, and on November 30, they charged him in court with several violations in connection with the Caruana Galizia murder case (see section 2.a., Violence and Harassment). Fenech was also a director of Electrogas, which runs a new power plant that Caruana Galizia was investigating prior to her death. The arrest followed a presidential pardon granted to an alleged middleman, Melvin Theuma, who revealed information about Caruana Galizia’s murder. Civil society NGOs Repubblica and Occupy Justice stepped up their demonstrations in Valletta, including outside Prime Minister Joseph Muscat’s office, at Caruana Galizia’s makeshift memorial opposite the Law Courts, and the parliament building to call for Muscat’s resignation or removal. On November 26, both the prime minister’s chief of staff, Keith Schembri, and Minister of Tourism Konrad Mizzi resigned their posts; Mizzi stayed on as a member of parliament, which grants him parliamentary privileges but not immunity from investigations, interrogations, and prosecutions for criminal activity. Police also arrested Schembri but released him without charge. On December 1, Muscat announced that he will step down as leader of the Labor Party and prime minister on January 12, 2020, once the party completes a leadership contest scheduled for mid-December through January 11.

In November the courts ruled that Ministers Edward Scicluna, Chris Cardona, and former minister Konrad Mizzi will face a criminal inquiry over the Vitals Global Healthcare deal, following the submission of new evidence. The three ministers had successfully appealed a first decision in October following NGO Repubblika’s request in May for a magisterial inquiry to establish whether Scicluna, Mizzi, and Cardona could be criminally complicit in the transfer. The three ministers intended to appeal the decision again. The auditor general was reportedly investigating the affair.

Financial Disclosure: Government officials are subject to financial disclosure laws, and declarations are available to the public. Courts can compel disclosure from officials not complying with the regulation.

Section 5. Governmental Attitude Regarding International and Nongovernmental Investigation of Alleged Abuses of Human Rights

A variety of domestic and international human rights groups generally operated without government restriction, investigating and publishing their findings on human rights cases. Government officials were often cooperative and responsive to their views.

Government Human Rights Bodies: The ombudsman is empowered to investigate complaints about the activities of governmental bodies, including activities affecting human rights and problems involving prisoners and detainees. The president appoints the ombudsman with the consent of two-thirds of the House of Representatives. The ombudsman investigates complaints only when administrative or judicial remedies are not available. The ombudsman had adequate resources, operated independently, and was effective. In responding to complaints, the ombudsman submits recommendations to the public entity responsible for addressing the complainant’s grievance. The ombudsman has no power to impose or compel a remedy, but relevant public bodies accepted most of the ombudsman’s recommendations.

The House of Representatives’ Standing Committees on Foreign and European Affairs and on Social Affairs were responsible for human rights issues. The committees met regularly and normally held open hearings, except when they closed a hearing for national security reasons. For the most part, the committees had a reputation for independence, integrity, credibility, and effectiveness, with legislation enacted in the areas under their purview enjoying widespread public support.

The National Commission for the Promotion of Equality and the Commission for the Rights of Persons with Disabilities operated effectively and independently with adequate resources and oversaw human rights issues related to gender equality and disabilities. The prime minister, on the advice of or in consultation with the minister responsible for each entity, appoints members to these commissions, who serve for terms of two and three years, respectively. They may be reappointed at the end of their term.

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

The law criminalizes domestic abuse. In July the government amended the criminal code and the Gender-Based Violence and Domestic Violence Act to strengthen enforcement in cases of gender-based violence and domestic violence and also to ensure representation of persons with disabilities on the Gender-Based Violence and Domestic Violence Commission.

Monaco

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.

Freedom of Expression: The law prohibits public “denunciations” of the ruling family and provides for punishment of six months’ to five years’ imprisonment for violations. Authorities did not charge anyone with violating these statutes during the year. The law on freedom of expression prohibits defamation or insult, particularly against citizens responsible for a public service or office.

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 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 does not provide for the granting of asylum or refugee status, and the government has not established a system for providing protection to refugees. Monaco is not normally a refugee-receiving country. France handles immigration matters for Monaco.

Section 4. Corruption and Lack of Transparency in Government

The law provides criminal penalties for corruption by officials, and the government generally implemented these laws effectively. There were no reports of government corruption during the year.

Corruption: There were sporadic allegations of governmental corruption during the year but no formal proceedings against government officials for corrupt practices. The Council of Europe’s anticorruption body, GRECO, reported in 2017 there was “no record of criminal or disciplinary proceedings relating to the integrity of a parliamentarian, which may be as much due to the absence of intrinsic problems as to the absence of specific rules and mechanisms designed to preserve the integrity of national elected representatives.”

On June 26, the government announced that the contract of French investigating judge Edouard Levrault, which expired on September 1, would not be renewed. Judge Levrault had been leading into the inquiry of bribery and influence peddling. “The Monaco authorities gave no justification for their decision, something that should not be tolerated under the rule of law,” Levrault told press in October. Rybolovlev is a Russian businessman and the owner of the country’s soccer team. A collector of expensive art, he sued his Monaco-based art dealer for fraud in 2015, accusing him of inflating the prices of paintings he resold to Rybolovlev. In 2018 the government began a formal investigation into accusations that Rybolovlev had bribed several police and other officials to influence the case. The ensuing corruption scandal resulted in the resignation of the former minister of justice in 2017. During the year the government appointed a senior French prosecutor, Robert Gelli, to be the minister of justice, replacing the previous Monegasque incumbent Laurent Anselmi.

Financial Disclosure: Appointed and elected officials are not subject to financial disclosure laws.

Section 5. Governmental Attitude Regarding International and Nongovernmental Investigation of Alleged Abuses of Human Rights

While the government did not restrict the establishment or operation of groups devoted to monitoring human rights, none existed in the country. International human rights organizations generally operated without government restriction, investigating and publishing their findings on human rights cases.

Government Human Rights Bodies: The government’s mediation service is available to residents seeking redress against administrative decisions. The Office of the High Commissioner for the Protection of the Rights and Freedoms and Mediation protects human rights and fights discrimination. While the office acted independently, had adequate resources, and was considered effective, the government does not allow the high commissioner to initiate investigations on her own.

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

Netherlands

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, and the governments throughout the kingdom generally respected this right. An independent press, an effective judiciary, and a functioning democratic political system combined to promote freedom of expression, including for the press.

Freedom of Expression: It is a crime “verbally or in writing or image deliberately to offend a group of people because of their race, their religion or beliefs, their sexual orientation, or their physical, psychological, or mental disability.” The statute in the Netherlands does not consider statements that target a philosophy or religion, as opposed to a group of persons, as criminal hate speech. The penalties for violating the law include imprisonment for a maximum of two years, a fine of up to 8,100 euros ($8,900), or both. In Aruba the penalties for this offense are imprisonment for a maximum of one year or a fine of 10,000 Aruban florins ($5,520). In the Netherlands there are restrictions on the sale of the book Mein Kampf and the display of the swastika symbol with the intent of referring to Nazism. Legislation to decriminalize defamation of the royal family came into effect in August.

Press and Media Freedom, Including Online Media: Independent media in the kingdom were active and expressed a wide variety of views without restriction. The restrictions on “hate speech” applied to media but were only occasionally enforced. Disputes occasionally arose over journalists’ right to protect their sources.

Nongovernmental Impact: Several crime reporters and media outlets throughout the kingdom faced threats, violence, and intimidation from criminal gangs. Some reporters received permanent police protection. In June, three men were convicted for a rocket attack on the office of the weekly Panorama in Amsterdam in June 2018 and sentenced to three and four years of imprisonment. There was a similar attack at the office of the national newspaper De Telegraaf, also in June 2018. In April the prosecutor’s office, police, the Dutch Association of Journalists, and the Netherlands Society of Editors in Chief established the Safe Press registration center to facilitate journalists’ sharing their experiences of violence, threats, and intimidation with authorities. In June the Dutch Association of Journalists released a survey of 350 female journalists in which half of the respondents stated they had been exposed to violence or intimidation in their work, and 70 percent believed these conditions were a threat to freedom of the press.

b. Freedoms of Peaceful Assembly and Association

The laws in the kingdom provide for the freedoms of assembly and association, and the governments 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 laws in the kingdom 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 NGO Refugees International in April criticized the government of Curacao for failing to provide temporary status to Venezuelan refugees and other displaced Venezuelans. They found that many migrants and displaced Venezuelans without legal status ended up living on the fringes of society, with no protection against abuse from neighbors or from employers in the informal sector. They noted that some migrant women had been forced into commercial sex.

The governments of the Netherlands and Aruba 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.

Refoulement: On Curacao and Sint Maarten, there is no legal protection from returning a person to their country of origin who faces a well founded fear of persecution. Curacao and Sint Maarten may have a legal basis to prevent returning a person to a country where they would face torture, or degrading or inhuman treatment or punishment based on the European Convention on Human Rights. As of year’s end, they developed corresponding national procedures but did not amend their immigration statutes.

Ten human rights organizations, including Amnesty International and Defense for Children International, campaigned against the repatriation of rejected asylum seekers to Afghanistan who had received their final denial because they regarded the security situation there as too unsafe. The courts in the Netherlands, however, backed the government’s position that it was safe enough to repatriate persons to certain parts of Afghanistan. There were also disagreements between the government and human rights organizations on repatriations to countries such as Bahrain, Sudan, and Iraq, but ultimately the courts also ruled in favor of the government’s repatriation of persons to those countries.

Access to Asylum: The laws on asylum vary in different parts of the kingdom. In general the law in the Netherlands provides for the granting of asylum or refugee status, and the government has an established system for providing protection to refugees.

Sint Maarten and Curacao are required to follow the European Convention on Human Rights. The law does not provide for the granting of asylum or refugee status. Foreigners requesting asylum are processed as foreigners requesting a humanitarian residence permit. If an individual is unable to obtain a humanitarian residence permit, authorities deport the person to their country of origin or a country that agreed to accept them. Curacao requested and received guidance and training from the Netherlands on asylum-processing procedures.

Most asylum seekers in the Dutch Caribbean were from Venezuela. In general authorities in Aruba, Curacao, and Sint Maarten considered most Venezuelan asylum seekers to be economic migrants ineligible for protection. Aruba, Bonaire, and Curacao deported undocumented displaced Venezuelans throughout the year. Local and international human rights organizations urged the governments of Aruba and Curacao to refrain from deporting refugees and other displaced Venezuelans back to their home country. There were no reports that refugees and other displaced Venezuelans faced persecution if returned to Venezuela.

In March the government of Aruba asked UNHCR for support with processing political asylum requests by Venezuelan migrants.

Safe Country of Origin/Transit: Authorities in the Netherlands denied asylum to persons who came from so-called safe countries of origin or who had resided for some time in safe countries of transit. They used EU guidelines to define such countries. Applicants had the right to appeal all denials.

Under the EU’s Dublin III Regulation, the Netherlands did not return third country asylum seekers arriving from Hungary back to Hungary, due to discrepancies between Hungary’s asylum laws and EU migration law.

Freedom of Movement: Government guidelines require that authorities not detain denied asylum seekers longer than three months, but they exceeded this term in several cases. In the Netherlands the national ombudsperson, Amnesty International, and other NGOs asserted that persons denied asylum and irregular migrants were regularly subjected to lengthy detention before deportation even when no clear prospect of actual deportation existed.

Durable Solutions: In the Netherlands the government accepted up to 500 refugees per year for resettlement through UNHCR, and the governments of the Dutch Caribbean accepted up to 250. These refugees came from UN refugee camps in Jordan, Lebanon, Egypt, Niger, and Uganda. The government also relocated up to 1,750 Syrians from refugee camps in Turkey under the terms of the EU agreement with Turkey. Most of the persons granted residency permits on Curacao and Aruba were from Venezuela. The government provided financial and in-kind assistance to refugees who sought to return to their home country voluntarily. The laws in all parts of the kingdom provide the opportunity for non-Dutch persons to gain citizenship.

Temporary Protection: The government of the Netherlands provided temporary protection to individuals who did not qualify as refugees. According to Eurostat data, in 2018 it provided subsidiary protection to 2,110 persons and humanitarian status to 530 others.

Section 4. Corruption and Lack of Transparency in Government

The laws in the entire kingdom provide criminal penalties for corruption by officials, and the governments generally implemented the laws effectively. There were isolated reports of corruption in the kingdom’s governments during the year.

Corruption: On Sint Maarten two members of parliament were arrested on suspicion of accepting bribes.

In November 2018 the High Court in the Netherlands upheld the conviction of a former Curacao prime minister on charges of corruption and money laundering.

In February in Aruba, a minister was sentenced to four years’ imprisonment and a nine-year prohibition to be elected for issuing work permits without following proper procedures.

Financial Disclosure: The laws throughout the kingdom do not require income and asset disclosure by officials. The evaluation of the Council of Europe’s Group of States against Corruption (GRECO) noted that prospective cabinet ministers are expected to discuss potential conflicts of interest with their future prime minister during the formation of a new government, but these declarations are not made public and do not cover holdings or offices held by the candidate minister’s family members. For most senior government positions, each ministry has its own regulations governing conflicts of interest.

Section 5. Governmental Attitude Regarding International and Nongovernmental Investigation of Alleged Abuses of Human Rights

Throughout the kingdom, a variety of domestic and international human rights groups generally operated without government restriction, investigating and publishing their findings on human rights cases. Government officials were often cooperative and responsive to their views.

Government Human Rights Bodies: A citizen of the Netherlands may bring any complaint before the national ombudsperson, the Netherlands Institute for Human Rights (NIHR), the Commercial Code Council, or the Council of Journalism, depending on circumstances. The NIHR acted as an independent primary contact between the government, and domestic and international human rights organizations.

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

New Zealand

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

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

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

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.

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

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

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

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

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

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

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. There were no reports of government corruption during the year. The Serious Fraud Office and police investigate corruption matters. Allegations can be reported anonymously, and the law protects employees who make a report relating to their employers. Agencies such as the Office of the Controller, the Office of the Auditor-General, and the Office of the Ombudsman independently report on and investigate state sector activities, acting as watchdogs for public sector corruption.

Financial Disclosure: The law requires members of parliament, including all cabinet ministers, to submit an annual report of financial interests, including income and assets, which the government releases to the public. Career civil servants are not subject to this requirement but are subject to ethics standards established by the State Services Commission. There were no reports of criminal or administrative sanctions against elected officials for noncompliance with financial regulations.

Section 5. Governmental Attitude Regarding International and Nongovernmental Investigation of Alleged Abuses of Human Rights

A number of domestic and international human rights groups generally operated without government restriction, investigating and publishing their findings on human rights cases. Government officials were cooperative and responsive to their views.

Government Human Rights Bodies: The Ministry of Justice funded the HRC, which operates as an independent agency without government interference. The HRC had adequate staff and resources to perform its mission.

The Office of the Ombudsman, responsible to parliament but independent of the government, is charged with investigating complaints about administrative acts, decisions, recommendations, and omissions of national and local government agencies; inspecting prisons; and following up on prisoner complaints. The office enjoyed government cooperation, operated without government or party interference, had adequate resources, and was considered effective. The office produced a wide variety of reports for the government that were publicly available on its website.

The law mandates that the Department of Internal Affairs provide administrative assistance to significant public and governmental inquiries into, among other items, human rights abuses. As of October, three human rights-related inquiries were underway: into the conduct of New Zealand forces involved in peacekeeping operations in Afghanistan; into historical abuse in state and faith-based care; and into the protection of the country from terrorist attacks.

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

Norway

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.

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

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

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

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

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

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

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

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

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

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

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

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

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

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. There were no reports of government corruption during the year.

Financial Disclosure: By law income and asset information from the tax forms of all citizens, including public officials, must be made public each year. Failure to declare properly may result in up to two years in prison. Each year ministers and members of parliament must declare their income, assets, liabilities, outside employment, and holdings in public companies. Ministers may face fines for noncompliance, but the law does not provide formal sanctions for members of parliament. Disclosures made by ministers and members of parliament are publicly available on the parliamentary website within 20 days of disclosure. Civil servants face fines if they fail to disclose any conflict of interest during decision-making processes. Ministers, members of parliament, and civil servants must disclose any employment obtained within a year after leaving public service.

Section 5. Governmental Attitude Regarding International and Nongovernmental Investigation of Alleged Abuses of Human Rights

A variety of domestic and international human rights groups generally operated without government restriction, investigating and publishing their findings on human rights cases. Government officials often were cooperative and responsive to their views.

Government Human Rights Bodies: The country has ombudsmen for public administration (the parliamentary ombudsman), children, equality and discrimination (the equality and antidiscrimination ombudsman or LDO), and health-care patients. Parliament appoints the parliamentary ombudsman, while the government appoints the others. All ombudsmen enjoyed the government’s cooperation and operated without government interference. The parliamentary ombudsman and the LDO hear complaints against actions by government officials. Although the ombudsmen’s recommendations are not legally binding, authorities usually complied with them.

Parliament’s Standing Committee on Scrutiny and Constitutional Affairs reviews the reports of the parliamentary ombudsman, while the Standing Committee on Justice is responsible for matters relating to the judicial system, police, and the penal, civil, and criminal codes.

The Norwegian National Human Rights Institution (NIM) is an independent body funded by the parliament. NIM submits an annual report to parliament on human rights in the country. By advising the government, disseminating public information, promoting education and research on human rights, and facilitating cooperation with relevant public bodies, it makes recommendations to help ensure that the country’s international human rights obligations are fulfilled.

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

Poland

Section 2. Respect for Civil Liberties, Including:

a. Freedom of Expression, Including for the Press

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

Freedom of Expression: The law prohibits hate speech, including the dissemination of anti-Semitic literature and the public promotion of fascist, communist, or other totalitarian systems, and intentional offense of religious feelings.

Violence and Harassment: On February 14, the Katowice regional prosecutor’s office discontinued its investigation into Piotr Wacowski, a cameraman for private television news channel TVN, who was suspected of propagating fascism. The case was related to an investigative report by the journalist showing members of the Pride and Modernity Association dressed in Nazi uniforms and celebrating Hitler’s birthday in 2017. The prosecutor’s office stated it could find no evidence Wacowski had committed a crime.

Censorship or Content Restrictions: The constitution prohibits censorship of the press or social communication. Nevertheless, laws regulating broadcasting and media prohibit, under penalty of fines, license revocation, or other authorized sanctions, the promotion of activities endangering health or safety, or the promotion of views contrary to law, morality, or the common good. The law also requires that all broadcasts “respect the religious feelings of the audiences and, in particular, respect the Christian system of values.”

Critics alleged persistent progovernment bias in state television news broadcasts.

Libel/Slander Laws: Defamation by print and broadcast journalists is a criminal offense and includes publicly insulting or slandering the president, members of parliament, government ministers and other public officials, the Polish nation, foreign heads of state and ambassadors, private entities and persons, as well as insult or destruction of the national emblem, the flag, and other state symbols. Defamation outside the media is punishable by a fine and community service. The courts rarely applied maximum penalties, and persons convicted of defamation generally faced only fines or imprisonment of less than one year. The maximum sentence for insulting the president is three years’ imprisonment.

The Helsinki Foundation for Human Rights and the Association of Polish Journalists reported that journalists convicted of defamation had never received the maximum penalty. According to the association, however, the criminal defamation law may have a chilling effect on journalists, especially in local media, since local authorities may use the law against journalists. Media owners, particularly of small local independent newspapers, were aware that potentially large fines could threaten the financial survival of their publications. According to Ministry of Justice statistics for 2018, the most recent data available, courts convicted one person of insulting the president and three persons for insulting constitutional organs of the government. In 2018 the courts fined two persons for public defamation through media using the public prosecution procedure, when a private person presses criminal charges against another person. In 2018 there were 116 convictions for criminal defamation through media using the private prosecution procedure.

On November 26, the Katowice District Prosecutor’s Office discontinued its prosecutorial investigation into a historian, stemming from a 2015 newspaper interview where the historian alleged that Poles killed more Jews than Nazis in occupied Poland during World War II. The Katowice District Prosecutor’s Office stated it was not its role to settle issues of an historical nature.

On February 12, the Lodz District Court fined investigative reporter Wojciech Biedron 3,000 zloty ($762) on charges of public insult of a judge for inaccurately reporting that a court had initiated disciplinary proceedings against the judge. Several journalists criticized the judgment as overly harsh and disproportionate to the offense.

b. Freedoms of Peaceful Assembly and Association

The constitution provides for the freedoms of peaceful assembly and association, and the government generally respected these rights. The 2015 antiterrorism law permits restrictions on public assemblies in situations of elevated terrorist threats. During the year there were no cases of the prohibition of a public assembly due to an elevated terrorist threat.

In December the Warsaw District Prosecutor’s Office decided to discontinue its investigation into an attack on counterdemonstrators during the November 2017 Independence March. The office stated that continuing the case was not in the public interest and that it was unable to identify the perpetrators of the attack. On February 13, the Warsaw Regional Court struck down an earlier decision by the Warsaw District Prosecutor’s Office to discontinue the investigation and ordered the office to reopen the case. The Prosecutor’s Office had previously asserted the attackers’ intention was to show dissatisfaction and not to physically harm the 14 counterdemonstrators they confronted.

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

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. In addition to guarded centers for foreigners, the government operated 11 open centers for asylum seekers with an aggregate capacity of approximately 2,000 persons in the Warsaw, Bialystok, and Lublin areas.

Abuse of Migrants, Refugees, and Stateless Persons: Some incidents of gender-based violence in the centers for asylum seekers occurred, but UNHCR reported that local response teams involving doctors, psychologists, police, and social workers addressed these cases. UNHCR reported no major or persistent problems with abuse in the centers.

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.

On April 17, the Helsinki Foundation for Human Rights, a Warsaw-based NGO, published a report criticizing the government for restricting access to the asylum procedure. The report covered the situation on the country’s eastern border between 2015 and 2019 and stated the Border Guard at times arbitrarily refused the right to submit an application for international protection at border crossing stations.

Safe Country of Origin/Transit: The EU’s Dublin III Regulation, to which the country is subject, recognizes all EU countries as safe countries of origin and transit. The regulation also authorizes the governments of EU member states to return asylum seekers to the countries where they first entered the EU. The law permits denial of refugee status based on safe country of origin or safe country of transit but includes provisions that allow authorities to consider the protection needs of individuals in exceptional cases.

Freedom of Movement: Authorities placed some asylum seekers in guarded centers for foreigners while they awaited deportation or decisions on their asylum applications. Border guards may place an individual in a guarded center only by court order. The law prohibits the placement of unaccompanied minors younger than 15 in guarded centers. Border guards typically sought to confine foreigners who attempted to cross the border illegally, lacked identity documents, or committed a crime during their stay in the country.

Employment: Asylum seekers are not allowed to work during the first six months of the asylum procedure. If the asylum procedure lasts longer than six months, they may work until the asylum decision is final.

Access to Basic Services: Asylum seekers faced language and cultural barriers and had limited access to higher education. Children in centers for asylum seekers had free access to public education, but those placed with relatives in guarded centers for foreigners did not.

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

Section 4. Corruption and Lack of Transparency in Government

Corruption: The law provides criminal penalties for corruption by officials, and criminal prosecutions for official corruption occurred. There were reports of corruption that resulted in legal action.

On January 11, the Przemysl Regional Court sentenced former head of Podkarpackie Province Miroslaw Karapyta to four years in prison for rape and corruption. The court found him guilty of nine charges, including two cases of attempted rape, accepting a personal favor in the form of sexual intercourse, and accepting expensive gifts in return for favors. Karapyta pleaded not guilty and appealed the court’s ruling.

On January 28, the CBA charged the former defense ministry’s spokesperson and a former member of the parliament with exceeding their authority and improperly managing military contracts in order to obtain financial benefits worth more than 90,000 zloty ($22,900).

On March 18, a regional court in Tarnow found the former Rzeszow appellate prosecutor guilty of accepting bribes and abuse of power and sentenced her to a six-year prison term. The verdict was subject to appeal.

Financial Disclosure: Various laws oblige elected and appointed public officials to submit financial statements concerning their financial assets, real property, stocks, and bonds. According to the NGO Stefan Batory Foundation, the CBA was able to screen less than 1 percent of all financial disclosure statements filed by politicians and senior officials. With the exception of certain situations provided for by law, the regulations protect information included in financial statements as “restricted access” information that may be made public only with the written permission of the provider.

After completing an audit of Supreme Audit Board head Marian Banas’ required financial declarations, on November 29, the CBA notified the Prosecutor’s Office of potential crimes committed by Banas related to false property declarations, concealing a property’s actual status, and undocumented sources of income. On December 3, the regional prosecutor’s office in Bialystok opened an investigation. The prime minister and other leaders of the ruling Law and Justice Party called on Banas to resign but, at year’s end, he had not resigned. Banas denied the allegations and sued the media outlet that uncovered the reported improprieties for defamation.

Section 5. Governmental Attitude Regarding International and Nongovernmental Investigation of Alleged Abuses of Human Rights

A number of domestic and international human rights groups generally operated without government restriction, investigating and publishing their findings on human rights cases.

Government Human Rights Bodies: The law entrusts the ombudsperson and the government plenipotentiary for civil society and equal treatment with the task of “implementing the principle of equal treatment.”

In cooperation with NGOs, the ombudsperson processes complaints, conducts investigations, institutes and participates in court proceedings, undertakes studies, provides other public bodies with advice, proposes legislative initiatives, and conducts public information campaigns. The ombudsperson has no authority to mediate disputes between private entities, even in cases of racial discrimination. The ombudsperson presents an annual report to the Sejm on the state of human rights and civic freedom in the country.

The government plenipotentiary for civil society and equal treatment has a mandate to counter discrimination and promote equal opportunity for all. The plenipotentiary implements the government’s equal treatment policy, develops and evaluates draft acts, analyzes and evaluates legal solutions, and monitors the situation within the scope of application of the principle of equal treatment. The plenipotentiary is subordinate to the Prime Minister’s Office, did not have the same institutional independence as the ombudsperson, and did not have a separate budget.

Both chambers of parliament have committees on human rights and the rule of law. The committees serve a primarily legislative function and consist of representatives from multiple political parties.

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

Portugal

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. The law criminalizes the denigration of ethnic or religious minorities, as well as Holocaust denial, as an offensive practice. Prison sentences for these crimes run between six months and eight years.

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.

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: According to NGOs and media reports, authorities kept in detention some asylum seekers who submitted their applications for international protection at border points. If asylum seekers appeal a negative decision, they can await the decision in housing provided by the Portuguese Refugee Council (CPR), the Social Emergency Bureau of Lisbon’s Holy House of Mercy (almshouse), or the Salvation Army’s shelter center.

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

Safe Country of Origin/Transit: The government considers all other EU countries to be safe countries of origin or transit. It returned asylum seekers to their country of entry into the EU for adjudication of their applications.

Durable Solutions: The government fulfilled its commitment and received refugees under the EU’s relocation plan for refugees who entered the EU through Greece and Turkey. It offered naturalization to refugees residing within the country’s territory, and other durable solutions such as the right to work, education, access to healthcare, and housing support.

Temporary Protection: The government also provided temporary protection to individuals who may not qualify as refugees, and provided subsidiary protection to 405 persons in 2018, according to SEF’s 2018 Immigration, Borders and Asylum Report.

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. There were reports of corruption in the executive and legislative branches of the central government during the year.

Corruption: Media reported corruption involving central and local government officials.

On January 4, a Lisbon court cleared most of the defendants in a corruption trial linked to the government’s “golden visa” program, which aims to fast-track residence permits for major foreign investors. Of 21 indictments on charges including corruption, money-laundering, and influence-peddling, courts gave two individuals suspended sentences, and two Chinese nationals were fined. The most high-profile defendant, Miguel Macedo, who was forced to resign as interior minister from the previous center-right government in 2014, was among those acquitted of bribery and influence-peddling charges. The court also acquitted former SEF director Manuel Jarmela Palos, who had been accused of running a network that profited from the granting of residency permits to foreign investors.

Financial Disclosure: The law requires appointed and elected officials to disclose their income and assets. The law also mandates the Constitutional Court to monitor and verify disclosures. The court’s declarations are available to the public. The criminal penalties for noncompliance are up to five years’ incarceration or a fine equivalent to 600 days of the person’s income, administrative sanctions including removal from office, or both.

Section 5. Governmental Attitude Regarding International and Nongovernmental Investigation of Alleged Abuses of Human Rights

A number of domestic and international human rights groups generally operated without government restriction, investigating and publishing their findings on human rights cases. Government officials generally were cooperative and responsive to their views.

Government Human Rights Bodies: The country has an independent human rights ombudsman appointed by parliament who is responsible for defending the human rights, freedom, and legal rights of all citizens. The Ombudsman’s Office operated independently and with the cooperation of the government.

The ombudsman had adequate resources and published mandatory annual reports, as well as special reports on problems such as women’s rights, prisons, health, and the rights of children and senior citizens.

Parliament’s First Committee for Constitutional Issues, Rights, Liberties, and Privileges oversees human rights problems. It drafts and submits bills and petitions for parliamentary approval.

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

San Marino

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

Freedom of Expression: The country’s laws prohibit persons from disseminating, by any means, ideas based on racial superiority or on racial or ethnic hatred, or from committing or encouraging others to commit discriminatory acts on the grounds of race, ethnicity, nationality, religion, or sexual orientation. There were no reports of violations of or prosecutions based on these laws.

Press and Media, Including Online Media: The law regulating media and the work of media professionals provides for an authority for information, which may impose sanctions (including fines) on journalists and media who violate a national media code of conduct. Online publications, such as blogs or messages on social media operated or written by individuals, associations, or parties were not considered as being part of the press and are therefore not covered by this legislation.

Unlike the previous year, journalists were represented within the Office of the Press Ombudsman, which was in charge of ensuring compliance with the code of ethics by media professionals.

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.

Although the country is not a signatory to the UN Convention on Refugees, the government cooperated with the Office of the UN High Commissioner for Refugees and other humanitarian organizations in providing protection and assistance to refugees, asylum seekers, stateless persons, and other persons of concern.

f. Protection of Refugees

Access to Asylum: The government may grant refugee status or asylum by an act of the cabinet.

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. In August parliament approved a law providing for the criminalization of private sector corruption. There were no reports of government corruption during the year.

Financial Disclosure: There is no specific financial disclosure requirement for public officials. The law requires candidates running for elective office to disclose their income from the previous year as well as any assets or investments in companies.

Section 5. Governmental Attitude Regarding International and Nongovernmental Investigation of Alleged Abuses of Human Rights

A number of domestic and international human rights groups generally operated without government restriction, investigating and publishing their findings on human rights cases. Government officials often were cooperative and responsive to their views.

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

Singapore

Section 2. Respect for Civil Liberties, Including:

a. Freedom of Expression, Including for the Press

The constitution provides for freedom of expression but allows parliament to impose such restrictions on freedom of speech as it “considers necessary or expedient in the interest of the security of the country or any part thereof, friendly relations with other countries, public order or morality and restrictions designed to protect the privileges of Parliament or to provide against contempt of court, defamation or incitement to any offence.”

Freedom of Expression: The government significantly restricted any public statements that it contended would undermine social or religious harmony, or that did not safeguard national or public interest. Government pressure to conform resulted in self-censorship among some journalists and users of the internet.

In August police issued warnings to YouTube star Preeti Nair and her brother, rapper Subhas Nair, for promoting racial disharmony through a rap video in which they criticized the ethnic Chinese community. The siblings’ video mocked a recent “Brownface” advertisement in which an ethnic Chinese actor played four different characters, including an Indian man with artificially darkened skin, and a Malay Muslim woman wearing a hijab. Four ministers criticized the siblings’ “offensive” video, which included vulgarities, and the government issued a takedown notice for it to Facebook, Twitter, and YouTube.

In April activist Jolovan Wham and opposition politician John Tan Liang Joo, of the Singapore Democratic Party, were each fined S$5,000 ($3,630) plus legal costs for contempt of court. They were convicted in October 2018 after Wham posted on Facebook that “Malaysia’s judges are more independent than Singapore’s for cases with political implications” and, when Wham was prosecuted, Tan commented that the case “only confirms that what he said is true.”

In April the Court of Appeal ruled that papers for contempt of court proceedings were properly served on Li Shengwu, a nephew of Prime Minister Lee Hsien Loong, in 2017. Li had posted private Facebook comments in 2017 criticizing the “litigious” nature of the government and the “pliant court system.” The case was ongoing as of November. While media and internet users have shared the facts of the case, many have been circumspect in commenting further because publishing material that prejudges a pending issue in court proceedings may constitute contempt of court.

The law gives the minister for home affairs discretion to authorize special police powers if a “serious incident” such as a terrorist attack is occurring or there is a threat that it could. These powers allow the commissioner of police to prohibit anyone from taking or transmitting photographs or videos in a defined area, or from making text or audio messages about police operations. A breach of the order may lead to imprisonment for up to two years, a fine of up to S$20,000 ($14,500), or both. Some civil society groups expressed concern that authorities could use the law to stop activists documenting the abuse of police powers, such as in the instance that authorities used force to break up a large but peaceful demonstration.

The law prohibits the public display of any foreign national emblems, including flags or symbols of political organizations or leaders. The law restricts the use of the coat of arms, flag, and national anthem.

The government-approved Speakers’ Corner was the only outdoor venue where citizens could give public speeches without a Public Entertainment License. Speakers’ Corner may be used for exhibitions, performances, assemblies and processions, and citizens do not need a police permit to hold these events. All event organizers must, however, preregister online with the National Parks Board and must provide the topic of their event. Regulations state that the event should not be religious in nature or cause feelings of enmity, ill will, or hostility between different racial or religious groups. The commissioner of parks and recreation has the right to cancel or disallow any event or activity that he or she believes may endanger, cause discomfort to, or inconvenience other park users or the general public.

Citizens need a permit to speak at indoor public gatherings outside of the hearing or view of nonparticipants if the topic refers to race or religion. Indoor, private events are not subject to the same restrictions. Organizers of private events, however, must prevent inadvertent access by uninvited guests, or they could be cited for noncompliance with the rules regarding public gatherings.

Press and Media, Including Online Media: According to the ISA, the government may restrict or place conditions on publications that incite violence, counsel disobedience to the law, have the potential to arouse tensions in the country’s diverse population, or threaten national interests, national security, or public order.

Government leaders openly urged news media to support its goals and help maintain social and religious harmony. The government enforced strict defamation and press laws, including in what it considered personal attacks on officials, resulting in journalists and editors moderating or limiting what was published. The government sued journalists or online bloggers for defamation or for stories that authorities believed undermined racial and religious harmony.

There were no legal bans on owning or operating private press outlets, although in practice government managerial and financial control strongly influenced all print and some electronic media. Two companies, Singapore Press Holdings Limited (SPH) and MediaCorp, owned all general circulation newspapers in the four official languages of English, Chinese, Malay, and Tamil. SPH is a publicly listed company with close ties to the government, which must approve (and may remove) the holders of management shares, who appoint or dismiss SPH management. The government investment company Temasek Holdings wholly owned MediaCorp. As a result, coverage of domestic events and reporting of sensitive foreign relations topics usually closely reflected official government policies and views.

Government-linked companies and organizations operated all domestic broadcast television channels and almost all radio stations. Only one radio station, the BBC’s World Service, was completely independent of the government. Residents could receive some Malaysian and Indonesian television and radio programming, but with a few exceptions authorities prohibited satellite dishes. Cable television was widespread, and subscribers had access to numerous foreign television shows and a wide array of international news and entertainment channels. The government did not censor international news channels but did censor entertainment programs to remove or edit representations of intimate gay and lesbian relationships. Residents routinely accessed uncensored international radio and television content via the internet.

The government may limit broadcasts or the circulation of publications by “gazetting” (listing) them under the Broadcasting Act and may ban the circulation of domestic and foreign publications. The law empowers the minister for communications and information to gazette or place formal restrictions on any foreign broadcaster deemed to be engaging in domestic politics.

The government may require a gazetted broadcaster to obtain express permission from the minister to continue broadcasting in the country. The government may impose restrictions on the number of households receiving a broadcaster’s programming and may fine a broadcaster up to S$100,000 ($72,500) for failing to comply.

Censorship or Content Restrictions: The Info-communications Media Development Authority (IMDA) under the Ministry of Communications and Information regulates broadcast, print, and other media, including movies, video materials, computer games, and music. Most banned publications were sexually oriented materials but also included some religious and political publications. The IMDA develops censorship standards including age appropriate classification of media content with the help of various citizen advisory panels. The law allows the banning, seizure, censorship, or restriction of written, visual, or musical materials if authorities determine that such materials threaten the stability of the state, contravene moral norms, are pornographic, show excessive or gratuitous sex and violence, glamorize or promote drug use, or incite racial, religious, or linguistic animosities. The law gives IMDA officers power to enter and search premises and seize evidence without a warrant for “serious offenses,” such as those involving films prohibited on public interest grounds or the unlicensed public exhibition of a film. The IMDA has the power to sanction broadcasters for transmitting what it believed to be inappropriate content. All content shown between 6 a.m. and 10 p.m. must be suitable for viewers of all ages.

Libel/Slander Laws: Defamation is a criminal offense, and conviction on criminal defamation charges may result in a maximum prison sentence of two years, a fine, or both. Critics charged that government leaders used defamation lawsuits or threats of such actions to discourage public criticism, coerce the press, and intimidate opposition politicians.

In September, Prime Minister Lee Hsien Loong sued Terry Xu, editor of the sociopolitical website The Online Citizen, for defamation following Xu’s refusal to take down and apologize for an article about a dispute between Lee and his two siblings. In a separate case, Xu was charged in December 2018 for criminal defamation after he published a reader’s letter in which the author accused the PAP leadership of “corruption at the highest echelons.” The letter’s author, Daniel De Costa, was also charged with criminal defamation. De Costa lodged a constitutional challenge against the charge, with hearings scheduled for November.

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 the law provide for freedom of internal movement, foreign travel, emigration, and repatriation, and the government generally respected these rights, although it limited them in certain circumstances.

In-country Movement: The ISA permits authorities to restrict a person’s movement, and they did so in the case of some former ISA detainees. Several dozen suspected terrorists were subject to such restrictions.

Foreign Travel: The government may refuse to issue a passport; in practice this was done primarily on security grounds.

Persons with national service reserve obligations (male citizens and permanent residents between ages 18 and 40 (for enlisted men) or 50 (for officers)) are required to advise the Ministry of Defense of plans to travel abroad. Men and boys age 13 and older who have not completed national service obligations are required to obtain exit permits for international travel if they intend to be away for three months or more.

In June a permanent resident, Thirumal Pavithran (an Indian national), was jailed for 10 weeks after he remained outside the country for more than five years after his exit permit expired. Those convicted of remaining outside the country without a valid exit permit can be jailed for up to three years and fined up to S$10,000 ($7,250) for each charge.

The law allows the government to deprive naturalized citizens of citizenship if they have resided outside of the country for more than five consecutive years or have engaged in activities deemed harmful to public safety and order.

f. Protection of Refugees

Access to Asylum: The law does not provide for granting asylum or refugee status. The government may, on a case-by-case basis, cooperate with organizations such as UN High Commissioner for Refugees to repatriate or send refugees to a third country.

Section 4. Corruption and Lack of Transparency in Government

The law provides criminal penalties for corruption by officials, and the government implemented these laws effectively.

Corruption: Media reported one new case of serious public sector corruption during the year. In October, Immigration and Checkpoints Authority customer service officer Lucy Teo was charged with receiving bribes from a Malaysian national who applied to become a permanent resident. Teo was charged with two counts of engaging in a conspiracy to obtain corruptly S$1,500 ($1,090) from the Malaysian. Two other individuals, including the Malaysian, were also charged with corruption-related offenses.

In September the Corrupt Practices Investigation Bureau reported that of the 112 persons prosecuted for corruption in court in 2018, five were public sector employees. In one case, former general manager of the Ang Mo Kio town council Victor Wong Chee Meng, who was charged in 2018 with 55 counts of corruption, pleaded guilty in March to receiving S$86,000 ($62,400) in inducements from the directors of two building and repair companies, and was sentenced to 27 months’ imprisonment.

Financial Disclosure: The law requires civil servants to declare their investments, properties, and indebtedness to their respective permanent secretaries. According to the code of conduct for ministers, ministers make financial disclosures to the prime minister. Declarations are not made public. If evidence surfaces that a declaration is fraudulent, administrative “disciplinary measures” may be imposed. The salaries of ministers and senior officials were public information.

Section 5. Governmental Attitude Regarding International and Nongovernmental Investigation of Alleged Abuses of Human Rights

A variety of domestic human rights groups generally operated without government restriction and these organizations investigated and published their findings on human rights cases. Government officials were somewhat cooperative and responsive to their views. NGOs were subject to registration according to the Societies Act or the Companies Act.

Some international human rights NGOs criticized the government’s policies in areas such as capital punishment, migrant workers’ rights, freedom of assembly, freedom of speech, and protection of the rights of lesbian, gay, bisexual, transgender, and intersex (LGBTI) persons. They charged that the government generally ignored such criticisms or published rebuttals.

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

Parliament passed the Criminal Law Reform Act in May. The law has been formally gazetted (published), but implementation was pending as of December. Under the new law, individuals convicted under the Penal Code for any offenses committed against vulnerable victims–children below the age of 14, persons with mental or physical disabilities, and domestic workers–will be liable to up to twice the maximum penalty. The law will abolish marital immunity for rape, expand the definition of rape to make it gender neutral, increase the penalties for offenses committed against unmarried partners, and introduce new criminal offenses for technology-related crimes such as voyeurism. These and other provisions of the new law will significantly change many of the legal provisions reported below.

The Protection from Harassment (Amendment) Act became law in June–implementation was pending as of December–makes doxing an offense and improves judicial procedures for victims of online harassment.

Slovakia

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. While the government generally respected these rights, it limited access to information to press outlets critical of the government.

Freedom of Expression: The law prohibits the defamation of nationalities and race, punishable by up to three years in prison, and denial of the Holocaust and crimes committed by the fascist and communist regimes, which carry a prison sentence of six months to three years.

Press and Media, Including Online Media: The prohibitions against defamation of nationalities and denial of the Holocaust and crimes committed by the fascist and communist regimes also applied to the print and broadcast media, the publication of books, and online newspapers and journals. According to media organizations, criminal libel provisions restrict freedom of expression, including freedom of media. In one instance, a Bratislava district court issued a preliminary measure in June ordering former presidential candidate Martin Dano to withdraw his online videos targeting investigative journalist and anticorruption NGO director Zuzana Petkova. The court ruled Dano’s videos incited hatred and defamed Petkova and other investigative journalists. Zuzana Petkova informed media outlets that Dano had not complied with the court decision. Appeal proceedings were pending.

The majority of media were privately owned or funded from private sources. Radio and Television Slovakia (RTVS) and the TASR news agency received state funding for specific programming. Observers expressed concern, however, about the increasing consolidation of media ownership and its potential long-term threat to press freedom. NGOs reported most of the country’s private media outlets, including television stations and print publications, were controlled by relatively few financial conglomerates or wealthy individuals.

Members of the cabinet intermittently refused to communicate with two major daily newspapers, claiming their reporting was biased and that the newspapers had refused to apologize for publishing information government officials claimed was untrue.

Violence and Harassment: In February 2018 investigative journalist Jan Kuciak and his fiancee, Martina Kusnirova, were killed in their home. Kuciak regularly reported on allegations of high-level corruption and documented tax-fraud schemes. As of November authorities had arrested and indicted four suspects in the case, including businessman Marian Kocner, who was charged with ordering the killing. Nationwide public protests in 2018 following the killings prompted the resignation of then interior minister Robert Kalinak, then prime minister Robert Fico, and then police president Tibor Gaspar. Since the resignations, Fico on multiple occasions accused media outlets and NGOs of using the killings to foment a “coup.”

The investigation into the Kuciak murder led to allegations that Kocner and his collaborators conducted surveillance of selected investigative journalists, allegedly with the assistance of law enforcement. According to media reports, the investigation revealed that police representatives illegally accessed government databases to collect information on journalists and their family members. Information collected through surveillance and from state databases was allegedly used to intimidate individual journalists. Investigations into the surveillance and intimidation cases were pending (see section 4, “Corruption”).

Libel/Slander Laws: Libel and slander are treated as criminal offenses. Media organizations criticized a criminal libel provision in the criminal code as restricting freedom of expression.

Financial elites targeted the press in several civil defamation lawsuits, which often required the press to pay large sums of money in penalties or legal costs. The International Press Institute Slovakia and other observers expressed concern this financial risk and the administrative burden of constantly contesting lawsuits could lead to media self-censorship. In December 2018 a trial court dismissed one of numerous libel lawsuits by financial group Penta Investment against daily newspaper DennikN over an article implying then prime minister Robert Fico accepted bribes from Penta leader Jaroslav Hascak through his personal assistant.

b. Freedoms of Peaceful Assembly and Association

The constitution and law provide for 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 and the law provide 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 some protection to refugees. Some organizations criticized the Migration Office for applying a restrictive asylum policy and granting asylum only in a very limited number of cases. As of August, for example, the government had received 108 asylum applications and granted asylum to three individuals. The government granted asylum to five individuals in 2018.

NGOs reported asylum seekers had only limited access to qualified, independent legal advice. The contract for legal assistance to asylum seekers did not cover asylum seekers in detention, so these persons could access free legal assistance only in the second, appellate-level hearing on their asylum application process. Migration Office staff allegedly endeavored to provide legal advice to some asylum applicants, even though they were also interviewing the asylum seekers and adjudicating their asylum applications.

There was no independent monitoring by local NGOs of access to asylum procedures on the country’s borders and only limited monitoring of access to asylum by the Office of the UN High Commissioner for Refugees (UNHCR).

In February a German court ruled that a Slovak government aircraft operated by the Ministry of Interior had been used to smuggle an abducted Vietnamese refugee claiming asylum in Germany out of the Schengen area in 2017. The court found that the asylum seeker, who was abducted by Vietnamese intelligence services in Berlin, was taken on board the Slovak government jet immediately following an official meeting in Bratislava between then Slovak Interior Minister Robert Kalinak and the Vietnamese minister of public security, and subsequently flown to Moscow. Slovak NGOs criticized the Slovak interior ministry inspection service for terminating in August its investigation into alleged government involvement, ostensibly for a lack of evidence.

Safe Country of Origin/Transit: The country denied asylum to applicants from a safe country of origin or transit. The law requires authorities to ensure the well-being of individual asylum seekers is not threatened if deported to a non-EU “safe country.” Some observers criticized the Bureau of Border and Alien Police (BBAP) for lacking the information necessary to determine whether a country would be safe for persons facing deportation there.

Freedom of Movement: NGOs reported that BBAP unnecessarily detained migrants, including asylum seekers whom police believed made false asylum claims, and that police failed to adequately use alternatives to detention, such as supervised release or financial bonds. NGOs reported it was routine practice to issue detention orders and place asylum seekers with children in the immigration detention center in Secovce, where they often faced degrading treatment.

Access to Basic Services: NGOs reported schools generally did not make use of available government support for language and integration assistance for foreign students.

The human rights organization Marginal stated that integration of approved asylum seekers in the country was hampered by the absence of a comprehensive government-funded and -operated integration program. These services had to be provided by NGOs and funded through a patchwork of domestic and international sources.

Human rights organizations reported that asylum seekers placed in immigration detention did not have adequate access to quality healthcare, contributing to the spread of contagious diseases in detention facilities.

Durable Solutions: The Migration Office accommodated refugees processed at the UNHCR emergency transit center in Humenne for resettlement to a permanent host country. The refugees were moved to Slovakia from other countries due to security and humanitarian concerns. The center was permitted to accommodate up to 250 refugees at a time for up to six months.

Temporary Protection: The government provided temporary “subsidiary protection” to individuals who might not qualify as refugees but could not return to their home countries and granted it to 11 persons as of August. Subsidiary protection is initially granted for one year, with possible extensions. NGOs asserted this approach created uncertainty regarding the refugee’s status in the country and significantly hindered their integration prospects. There were reports persons granted subsidiary protection had only limited access to health care. The Ministry of Interior issued health coverage documentation directly to persons with subsidiary protection without clear explanation of benefits.

Section 4. Corruption and Lack of Transparency in Government

The law provides criminal penalties for corruption by officials. The government did not always implement the law effectively, and some officials engaged in corrupt practices with impunity. According to a special 2017 Eurobarometer report on corruption, 85 percent of the country’s citizens perceived corruption as widespread, particularly in the health sector, political parties, and the courts. The business sector perceived nepotism in public institutions, financing of political parties in exchange for future government contracts, and bribery and kickbacks as the most widespread corruption problems. High-level officials rarely were prosecuted for corruption, despite a series of high-profile corruption cases involving government officials.

Corruption: Investigative journalists and NGOs documented cases of well connected businesspersons siphoning off state finances through tax fraud. Observers blamed political influence over police and the prosecution services for blocking or hampering anticorruption investigations.

In the last article written by investigative journalist Jan Kuciak and published after his murder in February 2018, Kuciak documented Italian mafia connections to high-level politicians that were allegedly designed to abuse EU agricultural subsidies. On October 21, businessman Marian Kocner was indicted on charges of ordering Kuciak’s murder. In August, four of Kocner’s collaborators all of whom were already in jail on charges related to the Kuciak murder were charged with conspiracy to murder former first deputy prosecutor general Peter Sufliarsky, Special Prosecutor Maros Zilinka, and former minister of justice and interior Daniel Lipsic. The potential victims were all reportedly involved in criminal investigations affecting Kocner; a criminal investigation was pending. In August, September, October, November, leaked transcripts of text messages from Kocner’s telephone communications revealed extensive relations between Kocner and high-level state officials, police, prosecutors, and judges. In the messages, Kocner discussed attempts to manipulate political, administrative, and judicial decisions to support both his personal financial interests and representatives of the ruling Smer party. According to the special prosecution service, numerous criminal investigations based on the messages were pending. In August police seized mobile phones of several judges and prosecutors allegedly involved in encrypted telephone conversations with Kocner.

In December 2018 a third fact-finding mission from the European Parliament followed up on the subsidy misuse accusations after farmers’ protests. The delegation reported that it found evidence of “intimidation and physical violence” against small farmers, who claimed that large financial groups were siphoning off subsidies and that state authorities did not address these abuses. The farmers alleged that EU agricultural subsidies were not reaching the right beneficiaries due to widespread corruption and weak rule of law.

Financial Disclosure: The law requires income and asset disclosure by appointed and elected officials and mandates a parliamentary conflict of interest committee to monitor and verify such disclosures. The government made a general summary of the declarations publicly available, and there were penalties for noncompliance. NGOs and some politicians maintained the financial disclosure forms were vague and did not clearly identify the value of the declared assets, liabilities, and interests. Limited authority and inadequate human and technical resources made financial disclosure processing ineffective for the purpose of transparency.

Enforcement of financial disclosure violations was not effective and enabled MPs to block sanctions against violators. Criminal sanctions for noncompliance were not applied in practice.

Section 5. Governmental Attitude Regarding International and Nongovernmental Investigation of Alleged Abuses of Human Rights

A variety of domestic and international human rights groups generally operated without government restriction, investigating and publishing their findings on human rights cases. Government officials were sometimes cooperative, although NGOs reported that at times some government officials disseminated conspiracy theories presenting civil society organizations as “foreign agents” and appeared to view their activities with suspicion or mistrust.

Throughout the year Robert Fico, MP and chair of the coalition Smer-SD party, continued to claim that countrywide public protests in 2018 that led to the resignation of his cabinet when he was prime minister were financed and organized from abroad as part of a “coup” against his government.

Some government officials, including Andrej Danko, the speaker of parliament and chair of the coalition-member Slovak National Party (SNS), criticized the ombudsperson’s attempts to raise awareness about the rights of LGBTI persons.

Government Human Rights Bodies: The justice minister headed the Government Council on Human Rights and National Minorities, an advisory body including government officials and civil society representatives.

Maria Patakyova headed the Office of the Public Defender of Rights (ombudsperson) and submitted an annual report on human rights problems to the parliament. Human rights activists credited Patakyova with raising the profile of fundamental rights problems in the country, despite criticism, obstruction, and a lack of interest from politicians.

Parliament has a 12-member Human Rights and National Minorities Committee that held regular sessions during the year. NGOs criticized it for failing to address serious human rights issues. Committee members included an MP from the far-right People’s Party-Our Slovakia (LSNS) party who participated in a 2015 attack against a Saudi family during antirefugee demonstrations, denied the legitimacy of the Holocaust, and praised Hitler on social media. He also made defamatory statements against the Romani minority and Muslim refugees for which he was convicted and fined. The committee also included an MP who was fired as a television news presenter in 2015 for posting antirefugee content on social media.

The Slovak National Center for Human Rights acted as the country’s national human rights institution and as the dedicated equality body, but it was criticized for inactivity by NGOs and members of the Government Council on Human Rights and National Minorities.

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

Slovenia

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

Freedom of Expression: The law prohibits the incitement to hatred, violence, and intolerance based on nationality, race, religion, gender, skin color, social status, political or other beliefs, sexual orientation, and disability in a way that could threaten or disrupt public order, typically requiring violence to occur for the prosecution of such incitement.

The Supreme Court set a legal precedent in August in a case of alleged incitement to hatred, violence, and intolerance against Roma. The court ruled that in cases in which an act is committed by means of a threat, abusive language, or insult, with other legal indications of a crime, it does not necessarily need to jeopardize public order and peace to be treated as a crime.

The penal code also prohibits the expression of ideas of racial superiority and denial of the Holocaust.

In October the Union of European Football Associations imposed a 50,000-euro ($55,000) fine on the Slovenian soccer club Olimpija Ljubljana for alleged racial abuse. During a soccer match in August, Olimpija Ljubljana supporters shouted racial insults at a Beninese national who played on the opposing team. The hotline Spletno oko (Web Eye) received several hundred reports concerning potential cases of hate speech, but there were no reported prosecutions or convictions for online hate speech. In 2018, Spletno oko received a slight increase in potential cases of online hate speech compared to 2017.

Press and Media, Including Online Media: Independent media were active and expressed a wide variety of views without restriction. The print and broadcast media, like online newspapers and journals, as well as book publishers, are subject to the laws prohibiting hate speech, libel, and slander.

A prior case brought by the same journalist against the leader of a major political party for labeling her a “prostitute” in a 2016 tweet also resulted in a suspended sentence; a retrial ordered by a higher court was pending as of December.

Violence and Harassment: In August 2018 an individual attempted to drive over the camera operator of a crew of the national broadcaster TV Slovenia in Nova Gorica. The assailant did not injure anyone in the attempted attack. The perpetrator fled to Italy, where police arrested him several days later. During a court hearing, the assailant commented he was not opposed to media, but wanted to be left alone. In November local courts sentenced the assailant to a six-month suspended sentence with two years of probation.

Censorship or Content Restrictions: Two high-profile incidents involving attempts by governments in neighboring states to assert pressure on the Slovenian press made headlines and resulted in strong official pushback and public outrage. The first involved a diplomatic note from the Hungarian embassy protesting a cartoon on the cover of a prominent Slovenian political magazine depicting Hungarian Prime Minister Viktor Orban giving a Nazi salute. The second incident involved allegations the Croatian government tried to discourage a commercial television station from reporting on the rumored involvement of Croatian intelligence in a 2015 wiretap scandal related to Permanent Court of Arbitration proceedings on a Slovenia-Croatia border dispute. In both cases the government strongly condemned foreign interference in the local press and asserted that any pressure on media outlets was contrary to fundamental principles of democracy.

While instances of overt political pressure on the press remained isolated, the Slovenian Association of Journalists and media analysts observed that standards of journalistic integrity suffered because of economic pressure, nonstandard forms of employment such as freelance or student status, and reduced protections for journalists, leading some to practice self-censorship to maintain steady employment.

Journalists and media representatives stated existing media legislation does not address the problem of excessive concentration of ownership in media, which could limit the diversity of views expressed. The announced merger in July of the country’s second and third largest daily newspapers (Dnevnik and Vecer) reflected a broader trend toward consolidation in a saturated and highly competitive media market. Most observers expected minimal immediate impact on media diversity as a result of the merger, given the newspapers’ similar editorial stance.

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.

Local courts lifted a ban imposed in 2017 on a concert by Croatian musician Marko Perkovic. In 2017 authorities cancelled the concert at the request of local police, who assessed the concert could result in violence, hate speech, or other criminal acts. Media outlets reported that Perkovic had previously been accused of expressing extremist nationalist views.

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.

Citizenship: Based on a 2012 decision by the ECHR, in 2013 the government introduced a system for providing just satisfaction (i.e., restitution for damages) for the “erased” citizens of other former Yugoslav republics denied the right to reside legally in the country in the 1990s. To date more than 10,300 “erased” individuals have regularized their legal status in the country. An additional 3,000 were presumed deceased, and approximately 12,000 were believed to be living abroad with no intention of returning to the country.

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.

NGOs alleged that border authorities continued to reject without due process most individuals seeking asylum and send them back to Croatia. NGOs reported that asylum seekers returned to Croatia have no legal remedies to challenge Slovenian border police decisions.

The Government Office for the Care and Integration of Migrants is responsible for ensuring the country meets its international commitments to provide services and protection to refugees, migrants, and displaced persons by coordinating the efforts of national authorities, NGOs, and other organizations. The office provided material support and accommodation to assist refugees through its asylum center and branches, managed reception and assistance programs, and engaged with NGOs and international organizations to provide services and resettlement options to migrants. It offered medical services and psychological counseling, oversaw integration services for refugees and immigrants, cooperated with legal representatives of unaccompanied minors, and assisted police in deportation proceedings for those whose asylum claims were denied.

Asylum seekers outside of EU resettlement and relocation programs often waited six or more months for their cases to be adjudicated and were barred from working during the initial nine months of this period, although many reportedly worked illegally. Local NGOs criticized this restriction, asserting it made asylum seekers vulnerable to labor exploitation due to their illegal status, lack of knowledge of local labor laws, and language barriers.

Safe Country of Origin/Transit: The Dublin III regulation obligates the country, as a member state of the EU, to consider all EU countries as safe countries of origin and transit. Under the regulation, the government may return an asylum seeker entering from another EU country to the country in which the person first entered the EU. Pursuant to a decision by the ECHR, however, the government did not return asylum seekers to Greece.

Local NGOs criticized as inappropriate the government’s housing of unaccompanied minor asylum seekers alongside adults in the police-managed Foreigners Home in Postojna. Determining the age of unaccompanied asylum seekers remained a problem.

In January the government approved a plan to accept five asylum seekers who arrived in Malta after having been rescued in the Mediterranean Sea. As of December the country had accepted two of the five asylum seekers.

Individuals granted refugee status are eligible for naturalization once they have fulfilled the necessary legal conditions.

Section 4. Corruption and Lack of Transparency in Government

The law provides criminal and civil penalties for corruption, conflicts of interest, and illegal lobbying by officials, and the government generally implemented the law effectively. There were isolated reports of government corruption, and the public viewed official corruption as a problem.

On the initiative of the principal opposition party, the parliament in 2018 established several commissions to monitor and combat corruption in the public sector. One commission uncovered evidence suggesting that prices for public procurement of medical equipment far exceeded market prices. No indictments or convictions resulted from these findings. In August 2018 authorities indicted 15 individuals for alleged involvement in a scheme whereby medical professionals received kickbacks from medical equipment suppliers for purchasing their products. The investigation remained pending.

Civil society groups and NGOs expressed frustration regarding what they described as the ineffectiveness of the Commission for the Prevention of Corruption (CPC). In its 2018 report, the National Assembly’s parliamentary justice committee criticized the CPC for alleged inactivity. The CPC asserted that inadequate funding and ineffective legislation complicated its work to combat corruption.

Financial Disclosure: The highest-level officials in the government, the parliament, and the judiciary, representing approximately 5,000 of the country’s 170,000 public employees, are subject to financial disclosure laws. There are administrative sanctions for failing to respect these provisions. The government did not publicize cases in which these provisions were violated, but they may become part of the public record in other procedures (e.g., criminal or tax cases). The CPC may issue advisory opinions regarding prosecution.

Section 5. Governmental Attitude Regarding International and Nongovernmental Investigation of Alleged Abuses of Human Rights

A number of domestic and international human rights groups generally operated without government restriction, investigating and publishing their findings on human rights cases. Government officials generally were cooperative and responsive to their views.

Local NGO contacts reported increased pressure on NGOs that advocated for refugees and migrants. In May an opposition party president and parliamentarian filed a criminal report against the director of a local NGO, accusing the director of enabling migrants to enter the country illegally and instructing them how to act upon arrival. At a June parliamentary session, Interior Minister Bostjan Poklukar stated the director’s actions were not criminal, and the relevant state prosecutor offices confirmed the assessment.

Government Human Rights Bodies: The constitution provides for an independent human rights ombudsman to monitor violations of human rights. Individuals may file complaints with the independent ombudsman to seek administrative relief in the case of a human rights violation by the government. The human rights ombudsman was effective, adequately resourced, reported to parliament annually on the human rights situation, and provided recommendations to the government. The Office of the Advocate of the Principle of Equality, established in 2017 to raise awareness and help prevent all types of discrimination, reported that a lack of resources and personnel limited its effectiveness.

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

South Korea

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. Nonetheless, the government’s interpretation and implementation of the NSL and other laws and provisions of the constitution limited freedom of speech and expression, and restricted access to the internet as described below.

Freedom of Expression: Although the law provides for freedom of speech, under the NSL and other laws the government may limit the expression of ideas that promote or incite the activities of “antistate” individuals or groups. During the year, prosecutions under the NSL for speech that allegedly supported or praised the DPRK government continued. Two persons were charged under the NSL for praising or supporting the DPRK from January to July. There were nine such cases in 2017 and one in 2018.

Human Rights Watch contended the government maintained “unreasonable restrictions on freedom of expression,” citing the use of defamation laws, the NSL, and other laws.

In August a district court upheld a professor’s six-month prison sentence for defamation after he told his class that some women “probably knew exactly what they were signing up for” when they “volunteered” to be comfort women (women subjected to sexual servitude for the Japanese military during World War II). The court also upheld Sunchon National University’s decision to fire him. The professor said he did not intend to defame the women but was trying to provoke an academic discussion of the historical issue in his class.

Under the election law, the government may limit the expression of ideas that the National Election Commission deems to be false.

Press and Media, Including Online Media: Independent media were active and expressed a wide variety of views, within the constraints cited above.

In March the spokesperson of the ruling Democratic Party criticized a Bloomberg journalist for her September 2018 article that called President Moon the “top spokesman” of North Korea. The spokesperson also called out a New York Times journalist the following day for expressing a similar opinion. The spokesperson later apologized and had the journalists’ names removed from transcripts of his statements.

The NGO Reporters without Borders expressed concerns about criminal libel and national security laws that invoke severe penalties for the dissemination of sensitive information, especially when it involves North Korea. Conservative politicians complained that the Moon administration placed political pressure on media outlets.

Libel/Slander Laws: The government and individual public figures used libel and slander laws, which broadly define and criminalize defamation, to restrict public discussion and harass, intimidate, or censor private and media expression. The law allows punishment of up to three years in prison for statements found to be “slander” or “libel,” even if factual, and up to seven years for statements found to be false. The law punishes defamation of deceased persons as well; the maximum punishment if convicted is two years’ imprisonment. NGOs and human rights attorneys noted several cases of politicians, government officials, and celebrities using the libel laws to deter victims of workplace sexual harassment from coming forward or to retaliate against such victims. In January a film director asked prosecutors to investigate journalists under the nation’s defamation laws for reporting allegations that he sexually and physically abused actresses working under his direction. Prosecutors ultimately rejected the director’s request. Subsequently, the director filed a civil libel suit seeking one billion won ($830,000) in damages from a news agency and one of the actresses. As of September, that case had not been resolved.

National Security: The NSL criminalizes actions interpreted to be in support of North Korea or otherwise against the state. The government used this law to arrest and imprison civilians and to deport foreigners. The Supreme Court ruled the NSL constitutional in 2015.

In July a district court overruled the 2018 conviction of a Syrian migrant for recruiting individuals to join ISIS. The man had been living in the country for more than 10 years on a temporary humanitarian stay permit after the government denied his asylum application. According to a local NGO, when he traveled to the Middle East for the birth of his child, investigators assumed he was meeting with ISIS. Prosecutors accused him of having ISIS recruitment material on his phone; the man said the material automatically downloaded from his social media feed. The district court found that the prosecutors failed to prove that the defendant encouraged others to join ISIS or proposed a way to join the group. Nevertheless, the court rejected his request to determine the constitutionality of the law. Prosecutors appealed the decision to overturn the 2018 verdict and the case was pending as of November.

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 (except to North Korea), emigration, and repatriation; the government generally respected these rights.

Foreign Travel: Citizens traveling to North Korea must obtain prior authorization from the Ministry of Unification. The travelers must demonstrate their trip has no political purpose. Visiting North Korea without government authorization is punishable by up to 10 years’ imprisonment under the NSL.

f. Protection of Refugees

Abuse of Migrants, Refugees, and Stateless Persons: Local NGOs reported cases of abuse against migrant workers, including physical abuse, confiscation of passports, inadequate housing, and sexual harassment. The government cooperated to a limited extent with the UN High Commissioner for Refugees and other humanitarian organizations to provide protection and assistance to refugees, returning refugees, asylum seekers, stateless persons, and other persons of concern.

In June the NHRCK and rights activists called for better treatment of asylum seekers at the airport. They noted for example that an Angolan couple and their four children had spent more than eight months in the departure area of Incheon Airport as of September. They arrived in December 2018 and requested refugee status, alleging torture and sexual abuse at the hands of Angolan police. In January the Incheon Airport Office of Immigration denied the family’s preliminary petition, based on a “clear absence of grounds for applying for refugee status, including a possible attempt to gain refugee status for purely economic reasons,” and disqualifying the family from formally applying for refugee status. Fearing for their lives if repatriated, the family filed a lawsuit to appeal the denial. They lost the appeal in April, but afterward filed additional appeals. A journalist who visited the family reported their condition was worsening and that they were surviving on food and daily essentials donated by departing passengers.

Access to Asylum: The law provides for granting asylum or refugee status.

The government considers refugees from North Korea under a separate legal framework and does not include them in refugee or asylum statistics. The government continued its longstanding policy of accepting refugees or defectors from North Korea, who by law are entitled to citizenship. Some NGOs focused on assisting North Korean defectors said their budget decreased by up to 80 percent from previous years due to cuts in government funding. In June the Ministry of Unification stated that overall spending on North Korean defectors had increased each year of the Moon administration, but that spending included the cost of administering the Hanawon centers that house and process newly arrived defectors, the government stipend provided to them, and all other related expenditures.

Justice ministry staffing of its 10 immigration offices increased from 39 refugee officers in 2018 to 94 officers as of September. NGOs had previously pointed to understaffing as a major obstacle to accommodating the rising number of refugee and asylum applications. Among cases completed from January through July, the MOJ stated the average time to complete the initial review of a refugee application fell to 12.3 months and for the second review fell to 11.3 months. The government operated refugee application counters at airports and harbors to allow asylum seekers to file applications for refugee status upon entering the country. These immigration offices screen applications and determine if a case is eligible to proceed for refugee status review. The Justice Ministry operated an Immigration Reception Center in Incheon to receive refugees, asylum seekers awaiting adjudication, and temporary humanitarian stay permit holders. The center had a maximum capacity of 82 persons.

The law protects asylum seekers’ right to an attorney. Asylum seekers may ask for interpretation and legal aid services from the government and for services to adjust to living in the country while their application is pending. Some NGOs and asylum seekers, however, stated applicants faced difficulty finding qualified interpreters or worried that interpreters were loyal to the very governments from which they sought protection. Applicants may receive a work permit six months after submitting an application that is valid for the duration of their lawful stay in the country.

Safe Country of Origin/Transit: The law provides grounds on which an asylum seeker at a port of entry may be denied referral for full asylum procedures. These include arrival “from a safe country of origin or a safe third country, in which little possibility of persecution exists.”

Access to Basic Services: Cultural, linguistic, and social differences made adjustment difficult for refugees and asylum seekers. Many migrants from North Korea and other countries alleged societal discrimination and were not always provided access to basic services. These cases were often underreported. In August a janitor found the bodies of a 42-year-old North Korean woman and her six-year-old son in Seoul. Police suspected they had died two months earlier. The family had lived in extreme poverty; there was no food in the refrigerator and the water had been shut off. A local social worker tasked with helping North Korean defectors said they had tried to contact the mother by telephone 10 months prior, but they did not follow up after the call went unanswered.

In July the government removed construction work from the list of approved jobs for asylum seekers whose cases are pending adjudication.

Most of the 552 Yemenis who sought asylum in Jeju in 2018 remained in the country. The government denied all except two asylum applications; however, it extended humanitarian stay permits to the majority of those refused. Approximately 400 of the Yemenis moved to the mainland after receiving their status. The Yemenis who remained in Jeju reported improving relationships with the island’s population. Those who moved to the mainland, however, were more likely to clash with employers and believed they needed to keep to themselves. In meetings throughout the year, police, immigration officials, Yemenis, and NGOs blamed inaccurate media reports for the public’s virulent opposition to the small number of Yemeni asylum seekers. In June an online newspaper suggested Yemeni refugees might be to blame for reddish tap water at an apartment complex, citing anonymous sources who said members of Houthi rebels might have poisoned the water.

Temporary Protection: Government guidelines offer renewable one-year short-term humanitarian status to those who do not qualify as “refugees” but have reasonable grounds to believe their life or personal freedom may be violated by torture or otherwise egregiously endangered. Temporary humanitarian stay permit holders do not have the same access to basic services as refugees and therefore rely heavily on NGOs for housing and support. Due to the government’s restrictions on the type of jobs humanitarian stay permit holders may hold, many of them faced difficulty in securing jobs. Those who did find jobs were largely limited to poorly paid “3-D” (dirty, difficult, and dangerous) jobs. The MOJ reported that the government does not provide temporary refugee status.

Section 4. Corruption and Lack of Transparency in Government

The law provides criminal penalties for corruption by officials. The government, prodded by media and civil society groups, generally implemented the law effectively. Nonetheless, officials sometimes engaged in corrupt practices with impunity, and there were numerous reports of government corruption. Ruling and opposition politicians alike alleged that the judicial system was used as a political weapon.

Corruption: According to the Anti-Corruption and Civil Rights Commission, the government was in year two of a five-year anticorruption plan, a road map aimed at fighting corruption in both the public and private sector. Commission members included the Ministry of Justice, the Board of Audit and Inspection, the Supreme Prosecutor’s Office, and the KNPA, among others. The plan includes establishing a system for avoiding conflicts of interest among public officials, preventing corruption within the military, and curbing corruption in public procurement. The government also operated an anticorruption policy council chaired by President Moon. Since its inception, the council has uncovered 124 cases of corruption involving 519 persons. Of the 124 cases, nine resulted in indictments, 38 were under investigation, and 506 individuals received disciplinary action.

On October 14, Cho Kuk, the Minister of Justice, resigned 35 days after his appointment amid allegations that he and his family used his positions unfairly and, in some cases, fraudulently to gain academic benefits for his daughter and inappropriate returns on investments. On October 24, prosecutors issued an arrest warrant for Cho’s wife for allegedly destroying evidence and falsifying credentials for her daughter’s medical school application. Prosecutors continued to investigate Cho as of November and barred him from leaving the country.

In February the Seoul Metropolitan Police Agency raided Burning Sun, a nightclub, after receiving reports of Gangnam police covering up sexual assaults at the club. The investigation into police corruption resulted in the arrest of a senior police officer for abuse of power for pulling strings for the club’s owners, and the sentencing of another police officer to one year in prison for taking 20 million won ($16,600) in bribes from the club. Critics argued that the focus of police on investigating recreational drug use, as opposed to abuse of power and private and public corruption, highlighted the systematic corruption in the country.

Financial Disclosure: By law public servants above a specified rank, including elected officials, must publicly declare their income and assets, including how they accumulated them. Failure to disclose assets fully is punishable by up to one year in prison and a 10 million won ($8,300) fine.

Section 5. Governmental Attitude Regarding International and Nongovernmental Investigation of Alleged Abuses of Human Rights

Domestic and international human rights groups generally operated without government restriction, investigating and publishing their findings on human rights cases. Government officials were somewhat cooperative and responsive to their views.

Some NGOs reported that government contacts were more receptive to calls to prevent trafficking in persons than in previous years. During the year, government officials and NGO leaders traveled overseas for training on best practices, policies, and interagency cooperation when combatting labor trafficking. The training encouraged new, creative ways to fight trafficking in persons in the country. Trainees included prosecutors, police officers, labor inspectors, and NHRCK representatives, among others.

Government Human Rights Bodies: The NHRCK, established as an independent government body to protect and promote the human rights enumerated in the constitution, does not have enforcement power, and its recommendations and decisions are nonbinding. It investigates complaints, issues policy recommendations, trains local officials, and conducts public awareness campaigns. In 2017 when he assumed office, President Moon instructed each ministry to adopt more of the NHRCK’s recommendations. Within the KNPA, a committee of nine members, six of whom are representatives of human rights organizations, investigates alleged police violations of human rights. According to the NHRCK, in previous years ministries typically adopted the NHRCK’s recommendations, either directly or after further review. The NHRCK did not, however, report specific case or statistical information for the reporting year. Local media reported that the NHRCK chairperson instructed staff not to raise LGBTI rights until after the election, which observers suggested showed the commission was trying to keep human rights issues out of the spotlight for political purposes.

The Ombudsman’s Office reports to the independent Anticorruption and Civil Rights Commission and had adequate resources to fulfill its duties. The Ombudsman’s Office issued annual reports and interacted with various government institutions, including the Office of the President, the National Assembly, and ministries.

The government was slow to establish the North Korean Human Rights Foundation, mandated by legislation in 2016. The Unification Ministry stated that the National Assembly had delayed recommending members of the board of directors despite the government’s request to expedite the process. The ministry further stated that the government was prepared to launch the foundation as soon as the National Assembly recommends the board members. Observers also noted that the position of ambassador-at-large on North Korean human rights had been vacant since 2017.

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

Spain

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

Freedom of Expression: The law prohibits, subject to judicial oversight, actions including public speeches and the publication of documents that the government interprets as celebrating or supporting terrorism. The law provides for imprisonment from one to four years for persons who provoke discrimination, hatred, or violence against groups or associations on the basis of ideology, religion or belief, family status, membership in an ethnic group or race, national origin, sex, sexual orientation, illness, or disability.

The law penalizes the downloading of illegal content and the use of unauthorized websites, violent protests, insulting a security officer, recording and disseminating images of police, and participating in unauthorized protests outside government buildings. The NGO Reporters without Borders (RSF) called the law a threat to press freedom, while the Professional Association of the Judiciary considered it contrary to freedom of speech and information. The Spanish Socialist Workers’ Party (PSOE) challenged the law in the Constitutional Court, where a decision remained pending.

Violence and Harassment: The RSF and other press freedom organizations stated that the country’s restrictive press law and its enforcement impose censorship and self-censorship on journalists.

On September 11 and October 1, unknown persons assaulted television journalists covering demonstrations for Catalan independence in Barcelona. The perpetrators were not identified or apprehended. The RSF stated approximately 50 such abuses occurred in Catalonia in 2018 and 2019.

On October 15, the International Press Institute called upon authorities to ensure an end to police attacks on journalists covering protests following the ruling of the Supreme Courte jailing leaders of the Catalan independence movement.

On November 6, Harlem Desir, the representative for the Organization for Security and Cooperation in Europe for Freedom of the Media condemned the posters that radical proindependence groups hung in Barcelona, calling six Spanish journalists “information terrorists,” including their names and the media they work for, and telling them “to stay in Madrid.” The Journalists Association of Catalonia and the Union of Journalists of Catalonia have also condemned the actions.

The Barcelona Hate Crimes Prosecutor’s 2018 report continued to document an increase in the number of hate crimes beginning in October 2017, mostly attributable to political beliefs related to the Catalan independence movement. In Barcelona Province, 40.5 percent of 412 registered cases represented hate speech and discrimination against those holding differing political views. Police reports confirmed an increase in cases of political discrimination in Catalonia. Attacks, which ranged from insults to physical assaults, increased from 121 in 2017 to 326 in 2018.

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, and the government generally respected these rights.

f. Protection of Refugees

Abuse of Migrants, Refugees, and Stateless Persons: The report of the SPT stated that, in the Aluche migrant center in Madrid, men were subject to physical and psychological abuse. Detainees of both sexes in Aluche were given only one change of clothes, while detainees in other visited centers received more than one change of clothes.

In its 2018 report on migrant centers in Ceuta and Melilla, the National Ombudsman noted the deterioration of housing facilities and the inadequacy of rooms for mothers with small children.

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.

Refoulement: Local NGOs and UNHCR reported several cases of migrant refoulement by Spanish authorities in the enclave cities of Ceuta and Melilla. In February the UN Committee on the Rights of a Child criticized the government for the refoulement of a 15-year-old Malian boy who tried to enter the country in Melilla in 2014. The committee stated the government failed to render the youth any assistance, to consider the basis of his request, and to consider the possibility of injury the boy might receive from Moroccan authorities upon his return.

Spain and Morocco signed an agreement in February to permit the Spanish Maritime Safety Agency to operate from Moroccan ports and to return irregular migrants it rescues off the Moroccan coast to shore in Morocco rather than to Spain.

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 country has bilateral return agreements with Morocco and Algeria. Authorities review asylum petitions individually, and there is an established appeals process available to rejected petitioners. The law permits any foreigner in the country who is a victim of gender-based violence or of trafficking in persons to file a complaint at a police station without fear of deportation, even if that individual is in the country illegally. Although potential asylum seekers were able to exercise effectively their right to petition authorities, some NGOs, such as the Spanish Commission for Refugees (CEAR), and the NGO Accem, as well as UNHCR alleged that several migration reception centers lacked sufficient legal assistance for asylum seekers. The NGOs reported that getting an appointment to request asylum could take months. CEAR reported the government granted refugee status to 575 individuals in 2018. This number did not include refugees accepted from Italy, Greece, Turkey, and Lebanon, as part of the EU relocation and resettlement plan.

According to the Ministry of the Interior, by August 13, 18,018 persons arrived in the country irregularly via the Mediterranean Sea or land border crossing points in Ceuta and Melilla bordering Morocco, 39-percent fewer than during the same period in 2018.

In September, CEAR criticized the government’s failure to protect Honduran, Guatemalan, and Salvadoran nationals. According to CEAR, the government during the year to that date approved only 15 requests of the nearly 320 asylum requests it reviewed. In 2018, 4,860 persons sought international protection in the country, with the majority filed by Hondurans (2,410) and Salvadorans (2,275). In the first six months of 2019, these numbers nearly doubled (3,212 Hondurans and 2,527 Salvadorans).

Safe Country of Origin/Transit: Under EU law the country considers all other countries in the Schengen area, the EU, and the United States to be safe countries of origin.

Access to Basic Services: In Ceuta and Melilla, according to UNHCR, asylum seekers could wait up to several months in some cases before being transferred to the care of NGOs in mainland Spain. Migrants from countries without a return agreement and those who demonstrated eligibility for international protection were provided housing and basic care as part of a government-sponsored reception program managed by various NGOs.

Durable Solutions: The government accepted refugees for relocation and resettlement and provided assistance through NGOs such as CEAR and Accem. UNHCR noted the country’s system for integrating refugees, especially vulnerable families, minors, and survivors of gender-based violence and trafficking in persons, needed improvement.

The government assisted in the safe, voluntary return of failed asylum seekers and migrants to their homes or the country they came from.

Temporary Protection: The government also provided temporary protection to individuals whose applications for asylum were pending review, or who did not qualify as refugees and asylees. CEAR reported that in 2018 the government granted temporary international protection to 2,320 individuals. As of July, the government had granted humanitarian protection to approximately 7,700 Venezuelan citizens, which allows them one-year residency permit that can be extended to two years.

There was an unprecedented increase in the number of unaccompanied minor migrants arriving to the country. As of September, 1,700 new minors arrived in Catalonia to raise the total of minors under the protection of the regional authorities to 4,269. The regional government struggled to provide accommodation for the youths, some of whom had to sleep in police stations. The relocation of these youths to centers in Catalan towns sparked protests. In March a man armed with a machete entered a building in Canet de Mar where 50 unaccompanied minors were housed. Protests occurred in Rubi and Castelldefels, where a group of 25 hooded attackers broke into the youth center, damaging property and throwing stones at the youths and their teachers. In July there were protests against unaccompanied minors in El Masnou after one of them was accused of attempting to rape a girl. The protesters tried to attack the center housing the unaccompanied minors, leaving six persons injured, including four of the youths. There have also been counterprotests condemning the protesters against the unaccompanied minors as racists.

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. Prosecutions and convictions for corruption were rare compared to the complaints filed, mainly because of the extensive system of legal appeals.

Corruption: Corruption was a problem in the country. In 2018 courts issued 63 corruption-related rulings, of which 40 were completely or partially condemnatory and 23 acquittals. During the first half of the year, courts issued 50 corruption-related rulings, of which 37 were completely or partially condemnatory. As of January, 90 persons were in prison for corruption charges. The main continuing corruption cases involved members of center-right Popular Party, retired police inspector Jose Manuel Villarejo, former managing director of the International Monetary Fund Rodrigo Rato, and Socialist Party former officials in the Andalusian regional government.

On June 25, the Group of States against Corruption of the Council of Europe removed the country from the list of countries that applied the requirements to fight corruption in an unsatisfactory manner.

On November 19, the Provincial Court of Seville sentenced 19 officials accused of abuse of power or misuse of 680 million euros ($748 million) in public funds between 2000 and 2009. The judges ruled that the defendants were involved in illicit payouts using funding earmarked to assist the unemployed. The accused include two former Andalusian regional leaders from the PSOE and several regional PSOE officials, with some receiving six to eight years in prison and all barred from holding public office for eight to 19 years.

Financial Disclosure: Public officials are subject to financial disclosure laws and are required to publish their income and assets on publicly available websites each year. There are administrative sanctions for noncompliance.

Section 5. Governmental Attitude Regarding International and Nongovernmental Investigation of Alleged Abuses of Human Rights

A wide variety of domestic and international human rights groups generally operated without government restriction, investigating and publishing their findings on human rights cases. Government officials were often cooperative and responsive to their views.

Government Human Rights Bodies: The national ombudsman serves to protect and defend basic rights and public freedom on behalf of citizens. The ombudsman was generally effective, independent, and had the public’s trust. The ombudsman’s position has been vacant since 2014 and is filled on an acting basis by the first deputy assessor.

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

Sweden

Section 2. Respect for Civil Liberties, Including:

b. Freedoms of Peaceful Assembly and Association

The constitution 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 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: Police reported several fires involving housing facilities or planned housing facilities for asylum. While most of the fires were accidents, some of the incidents were suspected to be arson.

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, 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. Applicants may appeal unfavorable asylum decisions.

On May 24, the Council of Europe’s commissioner for human rights submitted an intervention to the European Court for Human Rights in the case of Dabo v. Sweden which argued that the right of family unification for refugees overrode the country’s bureaucratically set deadlines for making such requests. The case continued at year’s end.

Asylum seekers who have been denied residence are not entitled to asylum housing or a daily allowance, although many municipalities continued to support rejected asylum seekers through the social welfare system at the local level.

Safe Country of Origin/Transit: In accordance with EU regulations, the government denied asylum to persons who had previously registered in another EU member state or in countries with which the government maintained reciprocal return agreements.

Durable Solutions: The government assisted in the voluntary return of rejected asylum seekers to their homes and authorized financial support for their repatriation in the amount of 30,000 kronor ($3,170) per adult and 15,000 kronor ($1,590) per child, with a maximum of 75,000 kronor ($7,930) per family. The country also participated in the European Reintegration Network that offered support for the reintegration of returning rejected asylum seekers.

Temporary Protection: The government also provided various forms of temporary protection to individuals who may not qualify as refugees. In 2018 it provided temporary protection to 517 persons.

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. There were isolated reports of government corruption.

Financial Disclosure: The law requires public officials and political parties to disclose their income and assets. The declarations are available to the public, and there are criminal and administrative sanctions for noncompliance.

Section 5. Governmental Attitude Regarding International and Nongovernmental Investigation of Alleged Abuses of Human Rights

A variety of domestic and international human rights groups generally operated without government restriction, investigating and publishing their findings on human rights cases. Government officials often were cooperative and responsive to their views.

Government Human Rights Bodies: The country had nine national ombudsmen: four justice ombudsmen; the chancellor of justice; the children’s ombudsman; the consumer ombudsman; the child and school student ombudsman; and the equality ombudsman with responsibility for ethnicity, gender, transsexual identity, religion, age, sexual orientation, and disabilities. There were normally ombudsmen at the municipal level as well. The ombudsmen enjoyed the government’s cooperation and operated without government or party interference. They had adequate resources, and observers considered them generally effective.

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

Switzerland

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.

Freedom of Expression: The law prohibits hate speech, such as public incitement to racial hatred or discrimination, spreading racist ideology, and denying crimes against humanity, including via electronic means. It provides for punishment of violators by monetary fines and imprisonment of up to three years. There were 42 convictions under this law in 2018.

Press and Media, Including Online Media: Independent media were active and expressed a wide variety of views without restriction. The law’s restriction on hate speech and denial of crimes against humanity also applies to print, broadcast, and online newspapers and journals. According to federal law, it is a crime to publish information based on leaked “secret official discussions.”

Libel/Slander Laws: The law prohibits libel, slander, and defamation with punishments ranging from monetary fines to prison sentences of up to three years. In 2018, the year with the latest statistics, 404 individuals were sentenced under the penal code on slander. There were also 124 persons sentenced under the penal code on libel and defamation. No information was available on whether any persons were imprisoned under these provisions.

b. Freedoms of Peaceful Assembly and Association

The constitution 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 constitution 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: Authorities may detain asylum seekers who inhibit authorities’ processing of their asylum requests, subject to judicial review, for up to six months while adjudicating their applications. The government may detain rejected applicants for up to three months to assure they do not go into hiding prior to forced deportation, or up to 18 months if repatriation posed special obstacles. The government may detain minors between the ages of 15 and 18 for up to 12 months pending repatriation. Authorities generally instructed asylum seekers whose applications were denied to leave voluntarily but could forcibly repatriate those who refused.

In October a report commissioned by parliament and written by the Swiss Competence Center for Human Rights stated that sexual assaults against female asylum seekers perpetrated by other refugees, asylum center staff, and external visitors were common. The report called for improved assistance and protection measures for traumatized refugee women and girls in asylum centers, including the ability of women to lock their dormitories from the inside, and to increase training for asylum center staff on how to deal with victims of sexual violence. The NGO Terre des Femmes stated the measures fall short of offering adequate assistance.

Terre des Hommes continued to express concern over missing underage asylum seekers becoming victims of trafficking. Terre des Hommes further stated some cantons did not consistently report disappearances of underage asylum seekers. According to data from the Federal Statistical Office, sexual violence in asylum housing was on the rise, with authorities recording 33 cases of sexual violence in 2017, including six cases of child sex abuse and eight rapes. NGO Terre des Femmes noted asylum centers often restricted the private sphere and safety of female refugees, due to bedrooms and bathrooms not always being gender segregated. According to Terre des Hommes, perpetrators of sexual violence comprised asylum seekers, caregivers, and security personnel. Former employees of now decommissioned asylum centers in Zurich city stated underage asylum seekers were often exposed to bullying, violence, and sexual abuse from other inmates. The NGOs SOS Racisme and Solidarite criticized the living conditions of asylum seekers housed in the Oberbuchsiten asylum center in the canton of Solothurn. According to the NGOs, the center lacked sufficient space, privacy, and access to medical services.

On July 4, the NCPT released its annual report on deportation flights. According to the report, the country forcibly deported 191 persons, including 13 families and 23 children, to their countries of origin between April 2018 and March. The NCPT regarded the treatment of deportees as generally professional, but it called on the government to separate deportees from criminal offenders while in detention and not to accommodate underage asylum seekers in penitentiaries. The NCPT criticized isolated instances of partial or full shackling of deportees, security personnel wearing facial concealments during the deportation process, and the staggered repatriation of asylum-seeking families that led to the separation of family members during deportation. The committee continued to observe inconsistent deportation practices among the cantons.

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, asylum seekers, stateless persons, or other persons of concern.

Refoulement: While the government generally did not force asylum seekers to return to countries where their lives or freedom may be threatened, there were reportedly exceptions. During the year the State Secretariat for Migration (SEM) resumed deporting rejected asylum seekers to Afghanistan and Somalia. In July 2018 the Federal Administrative Court ruled Eritrean asylum seekers may still be deported to their home country even if they faced military conscription upon their return. The court stated that while conditions during Eritrean national service are reportedly difficult, they are not so severe as to make deportation unlawful. The court further concluded that cases of abuse and sexual assault were not widespread enough to influence the assessment.

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 required asylum applicants to provide documentation verifying their identity within 48 hours of completing their applications; authorities, under the law, are to refuse to process applications of asylum seekers unable to provide a credible justification for their lack of acceptable documents or to show evidence of persecution. On March 1, the revised asylum law entered into force, accelerating federal asylum centers’ processing of applications within a maximum of 140 days. Under the revision asylum seekers are granted immediate free legal representation facilitated by NGOs and financed by the federal government.

Safe Country of Origin/Transit: The SEM relied on a list of “safe countries.” Asylum seekers who originated from or transited these countries generally were ineligible for asylum. The country adheres to the EU’s Dublin III Regulation.

Employment: The law grants refugees the right to work pending the mandatory submission to cantonal authorities of key employment information, including personal employee and employer data and a description of the job and working conditions. According to the law, salary and employment conditions must fulfill the labor standards of the respective employment location, profession, and sector before refugees may take up work.

Durable Solutions: In November 2018 the government decided to resettle an additional 800 Syrian refugees during the year as part of a UNHCR resettlement program. As of July, 142 had arrived in the country. In 2016 the government announced it would accept an additional 2,000 Syrian refugees until 2019, while in 2015 the government agreed to accept 3,000 Syrian refugees between 2015 and 2018 under the UNHCR resettlement program. All refugees assigned under the 2015 and 2016 resettlement quotas had arrived in the country by July.

Temporary Protection: In 2018 the government granted temporary admission to 9,174 individuals, 1,012 of whom the government designated as refugees.

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. There were isolated reports of government corruption during the year.

Corruption: Investigating and prosecuting government corruption is a federal responsibility. According to the Federal Audit Office, authorities received 164 alerts regarding potential corruption and mismanagement of public contracts in 2018, 42 more than in the previous year. Approximately 75 alerts concerned federal government employees. The Federal Audit Office attributed the increase to the establishment of an online platform in 2017 that allows for the anonymous reporting of potential corruption.

In October the Office of the Attorney General indicted a former employee of the State Secretariat of Economic Affairs (SECO) and three entrepreneurs on bribery charges after the SECO employee reportedly awarded information technology contracts worth 99 million Swiss francs/U.S. dollars without a public bidding process in exchange for money and other favors totaling 1.7 million Swiss francs/U.S. dollars during a 10-year period. The case was pending at the Federal Criminal Court as of October.

Financial Disclosure: Each year members of the Federal Assembly must disclose their financial interests, professional activities, supervisory board or executive body memberships, and activities as consultants or paid experts. A majority of cantons also required members of cantonal parliaments to disclose their financial interests. While parliamentary salaries were publicly disclosed, the salaries for parliamentarians’ separate professional activities may not be disclosed, as outlined in the federal act.

Section 5. Governmental Attitude Regarding International and Nongovernmental Investigation of Alleged Abuses of Human Rights

A variety of domestic and international human rights groups generally operated without government restriction, investigating and publishing their findings on human rights cases. Government officials were generally cooperative and responsive to their views.

Government Human Rights Bodies: The Swiss Competence Center for Human Rights (SCHR) consists of a network of universities and human rights experts responsible for strengthening and supporting human rights capacities and bridging gaps between federal and cantonal authorities on human rights concerns. During the year the SCHR hosted presentations and published reports on human rights themes, such as on the rights of intersex individuals, children’s rights and religious education, and workers’ rights.

There were 14 cantonal ombudsman offices that assessed cases of police misconduct.

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

Taiwan

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 this right. An independent press, an effective judiciary, and a functioning democratic political system combined to promote freedom of expression.

Press and Media Freedom, Including Online Media: The independent media were active and expressed a wide variety of views without restriction. There were no reports authorities in Taiwan restricted media freedom.

Concerns about censorship were limited to efforts by the authorities in the People’s Republic of China (PRC) to censor Taiwan media outlets based on the business interests of their parent companies in the PRC.

In May senior PRC officials used the fourth Beijing-Taiwan Media Forum to call on Taiwan media outlets to shape their coverage to promote PRC political priorities. Wang Yang, Chairman of the Chinese People’s Political Consultative Conference, pressured Taiwan journalists to use their media platforms to advocate in favor of PRC policies such as the “1992 Consensus,” “one country, two systems,” and the “peaceful unification” of Taiwan and China. Wang also invoked the possibility of war if progress was not made toward these goals. Experts considered Wang’s remarks to be the most open and direct case of a PRC official exerting pressure on Taiwan’s media organizations to date. More than 200 representatives from 100 media organizations in Taiwan and China attended the summit in Beijing, which was co-organized by the state-run Beijing Daily Group and Taiwan’s Want Want Group.

In July the Want Want Group, which has substantial operations in the PRC, filed a criminal defamation lawsuit against a Taiwan-based journalist for the Financial Times in apparent retaliation for a report she authored exposing coordination between Want Want media outlets in Taiwan and the PRC Taiwan Affairs Office regarding the content of Want Want publications. The Want Want Group also filed suit against Taiwan’s state-run Central News Agency for citing the Financial Times report in question, and further threatened to sue any other outlets that cite the Financial Times report. The Financial Times reporter suffered harassment on social media, by phone, and in person, including from Want Want Group reporters attempting to videotape her at private events without her permission. Want Want China Holdings, a subsidiary of Want Want China Times Group, also threatened in April to sue the Apple Daily for a report that claimed the Want Want Group received more than 477 million RMB ($67 million) from PRC authorities between 2017 and 2018. Reporters without Borders called Want Want Group’s legal action against the Financial Times correspondent an “abusive libel suit” against a seasoned journalist whose reporting was credible.

In May Taiwan’s National Security Bureau also reported some local media outlets were receiving editorial instructions from Beijing.

Censorship or Content Restrictions: PRC authorities reinforced corporate pressure on media by using access denial to punish Taiwan media outlets whose coverage they deemed to be insufficiently consistent with PRC policies. One Taiwan commercial airline was reportedly pressured by PRC authorities to provide only newspapers containing favorable coverage of Chinese authorities on flights to and from China. Retaliatory tactics included denial of entry to China, heightened questioning and scrutiny during transits of Hong Kong, and targeted cyberattacks against journalists’ mobile phones and computers. Journalists also reported difficulty publishing content in Taiwan that PRC authorities find politically objectionable because those authorities pressured Taiwan businesses with operations in China to cancel advertisements in Taiwan publications that feature such content.

Journalists said they faced pressure from management to submit news stories to complement or support the content of paid advertisements. Critics said product placement under the guise of news reporting undercut objective journalism, restricted journalists’ freedom, and undermined public trust in the media.

b. Freedoms of Peaceful Assembly and Association

The constitution 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 www.state.gov/religiousfreedomreport/.

d. Freedom of Movement

The constitution provides for freedoms of internal movement, foreign travel, emigration, and repatriation, and authorities generally respected these rights.

f. Protection of Refugees

Access to Asylum: The law does not provide for granting asylum or refugee status, and authorities have not established a system for providing protection to refugees. Due to its unique political status, Taiwan is not eligible to become a party to the 1951 Convention Relating to the Status of Refugees.

All PRC citizens unlawfully present are required by law to be returned to the PRC, although Taiwan allows PRC asylum seekers to remain in Taiwan on a case-by-case basis, using the Act Governing Relations Between the People of the Taiwan Area and the Mainland Area, the Laws and Regulations Regarding Hong Kong and Macao Affairs, and the guidelines for residence application by Hong Kong and Macao citizens.

In July the National Immigration Agency granted PRC student Li Jiabao an extended six-month stay for study purposes in Taiwan. Li, an exchange student at Chia Nan University of Pharmacy and Science, requested in April a long-term stay permit on grounds of political asylum, after he openly criticized PRC President Xi Jinping on Twitter in March and his student visa expired in April.

In July the National Immigration Agency approved the request of a family of six, who were members of the Early Rain Covenant Church in Chengdu, China, and who had traveled to Taiwan to seek medical care, to extend their stay in Taiwan while they sought political asylum in another country. PRC authorities had recently raided the church, forcibly closed it, and imprisoned several of its key members, including its pastor.

Taiwan authorities provided medical treatment and humanitarian assistance to refugees and asylum seekers held in third countries. In June 2018 the Ministry of Foreign Affairs acknowledged Taiwan and Australia signed a memorandum of understanding in September 2017 allowing Australia to transfer refugees and asylum seekers in Nauru to Taiwan for urgent medical treatment. The ministry said the emergency treatments began in January 2018, and as of June 2018, Taiwan hospitals had treated 10 refugees from Nauru.

Section 4. Corruption and Lack of Transparency in Government

The law provides criminal penalties for corruption by officials, and authorities generally implemented the law effectively. There were reports of official corruption during the year. In the year to August, nine ranking officials, 72 mid-level, 115 low-level, and 11 elected people’s deputies had been indicted for corruption.

Corruption: The MOJ and its subordinate Agency against Corruption are in charge of combating official corruption. The ministry received sufficient resources and collaborated with civil society within the scope of the law. Some legal scholars and politicians said the justice ministry was insufficiently independent and conducted politically motivated investigations of politicians. The Control Yuan is responsible for impeaching officials in cases of wrongdoing.

In December 2018 incumbent legislator Gao Jyh-peng of the DPP was convicted of corruption and sentenced to four years and six months in jail. In addition Gao was deprived of civil rights for four years, thereby losing his seat in the legislature. Gao filed for retrial and appeal, both of which were dismissed by the court in August.

Financial Disclosure: The law requires specific appointed and elected officials and candidates in national and local elections to disclose their income and assets to the Control Yuan, which makes the disclosures public. Those making false declarations with the intent to conceal properties are subject to a fine ranging from NT$200,000 to NT$4 million ($6,510 to $130,000). The law also requires civil servants to account for abnormal increases in their assets and makes failure to do so a punishable offense, and there are criminal and administrative sanctions for noncompliance.

In May the Legislative Yuan amended the Act on Property Declaration by Public Servants, requiring central and local election commissions to make public on the internet property declarations by candidates for local and national elected office within 10 days of submission. The amendment also specified agencies that are responsible for imposing penalties should violations of the property declarations occur.

The law stipulates 18 categories of politically exposed persons (PEPs) subject to strict oversight for money laundering activities. The PEPs include the president, vice president, heads of the central and local governments, legislators, and leadership of state-owned enterprises, as well as family members and close associates of PEPs.

Section 5. Governmental Attitude Regarding International and Nongovernmental Investigation of Alleged Abuses of Human Rights

A variety of domestic and international human rights groups generally operated without restriction, investigating and publishing their findings on human rights cases. Authorities were generally cooperative and responsive to their views.

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

United Kingdom

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

Freedom of Expression: The law prohibits expressions of hatred toward persons because of their color, race, nationality (including citizenship), ethnic or national origin, religion, or sexual orientation as well as any communication that is deemed threatening or abusive and is intended to harass, alarm, or distress a person. The penalties for such expressions include fines, imprisonment, or both.

Press and Media Freedom, Including Online Media: The law’s restrictions on expressions of hatred apply to the print and broadcast media. In Bermuda the law prohibits publishing written words that are threatening, abusive, or insulting, but only on racial grounds; on other grounds, including sexual orientation, the law prohibits only discriminatory “notices, signs, symbols, emblems, or other representations.”

Violence and Harassment: On April 18, freelance reporter Lyra McKee was shot and killed by an unknown assailant in Londonderry, Northern Ireland, while she was covering disturbances related to a police operation. In August, three men were charged with the physical assault on Owen Jones of The Guardian newspaper. The motive for the attack was unknown.

b. Freedoms of Peaceful Assembly and Association

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

In-country Movement: The home secretary may impose terrorism prevention and investigation measures (TPIMs) based on a “balance of probabilities.” TPIMs are a form of house arrest applied for up to two years to those thought to pose a terrorist threat but who cannot be prosecuted or deported. The measures include electronic tagging, reporting regularly to the police, and facing “tightly defined exclusion from particular places and the prevention of travel overseas.” A suspect must live at home and stay there overnight, possibly for up to 10 hours. Suspects can be sent to live up to 200 miles from their normal residence. The suspect may apply to the courts to stay elsewhere. The suspect may use a mobile phone and the internet to work and study, subject to conditions.

Exile: The law permits the home secretary to impose “temporary exclusion orders” (TEOs) on returning UK citizens or legal residents if the home secretary reasonably suspects the individual in question is or was involved in terrorism-related activity and considers the exclusion necessary to protect persons in the UK from a risk of terrorism. TEOs impose certain obligations on the repatriates, such as periodic reporting to police. The measure requires a court order and is subject to judicial oversight and appeal. Home Secretary Sajid Javid confirmed the Home Office served nine TEOs in 2017; this figure has not been publicly updated.

Citizenship: The law allows the home secretary to deprive an individual of citizenship if officials are satisfied this is “conducive to the public good,” but not if this renders a citizen stateless.

In February the home secretary started the process of revoking the citizenship of Shamima Begum, a 19-year-old from east London. Begum was one of three teenage friends who left the UK in 2015 to join ISIS. She was detained in a Syrian refugee camp. Because Begum was British by birth, the home secretary could only cancel her British citizenship if she were a dual national. The home secretary believed that Begum held dual citizenship with Bangladesh because she was of Bangladeshi heritage. Begum’s lawyers disputed that she had Bangladeshi citizenship.

f. Protection of Refugees

Abuse of Migrants, Refugees, and Stateless Persons: Home Office officials have the power to detain intending asylum seekers and unauthorized migrants who do not enter the asylum system. There was no maximum time limit for the use of detention. Immigration detention was used to establish a person’s identity or basis of claim, to remove a person from the country, or to avoid a person’s noncompliance with any conditions attached to a grant of temporary admission or release.

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

Access to Asylum: In England, Scotland, Wales, and Northern Ireland, the law provides for granting asylum or refugee status, and the government has established a system for providing protection to refugees. Bermuda’s constitution and laws do not provide for granting asylum or refugee status, and the government does not have an established system for providing protection to refugees.

The UK-wide system for processing asylum applications faced criticism in the media. Asylum seekers in Scotland have to travel 220 miles to Liverpool in order to submit evidence for their application, generally at their own expense. This has led to delays and increased hardship on those seeking asylum in Scotland, according to media reports.

Safe Country of Origin/Transit: The country is subject to the EU’s Dublin III regulation and considers all other EU member states to be countries of safe origin or transit. The regulation permits authorities to remove an asylum applicant to another country responsible for adjudicating an applicant’s claim. The government places the burden of proof on asylum seekers who arrive from safe countries of origin, who pass through a country where they are not considered to be at risk, or who remained in the country for a period before seeking asylum.

Employment: Except in limited circumstances, asylum applicants are not allowed to work while their asylum application is under consideration. If the applicant has waited longer than 12 months for the government to make an initial decision on an asylum claim, the applicant may request permission to work. For the duration of their asylum application, asylum seekers are eligible for government support at 30 percent below the normal rate for their family size, an amount which NGOs continued to deem inadequate. NGOs continued to criticize the government for cutting off benefits 28 days after a person is granted refugee status, which they say left some destitute.

In Scotland the devolved government funded the Refugee Doctors’ Program, to help 38 asylum seekers and refugees to work for the National Health Service Scotland. The program offers doctors advanced English lessons, medical classes, and placements with general practitioners or hospitals, providing them with the skills needed to get their UK medical registration approved.

Temporary Protection: The government may provide temporary protection to individuals who may not qualify as refugees under the categories of humanitarian protection and discretionary leave. According to EU data, in 2018 it extended subsidiary protection to 1,295 persons and humanitarian protection to another 1,160.

Section 4. Corruption and Lack of Transparency in Government

The law provides criminal penalties for corruption by officials, and the government implemented the law effectively. There were no reports of government corruption during the year.

Corruption: An inquiry continued into allegations of large-scale corruption in the Northern Ireland Assembly (Stormont) concerning renewable energy incentive payments which led to the collapse of the Northern Ireland government in 2017.

Financial Disclosure: All MPs are required to disclose their financial interests. The Register of Members Interests was available online and updated regularly. These public disclosures include paid employment, property ownership, shareholdings in public or private companies, and other interests that “might reasonably be thought to influence” the member in any way. The Scottish Parliament, the National Assembly for Wales, the Northern Ireland Assembly, and the Bermudian Parliament have similar codes of conduct for members. The ministerial code issued by the Prime Minister’s Office sets standards of conduct, including on the disclosure of gifts and travel. The national government publishes the names, grades, job titles, and annual pay rates for most civil servants with salaries greater than 150,000 pounds ($190,000). Government departments publish the business expenses of their most senior officials and hospitality received by them.

Section 5. Governmental Attitude Regarding International and Nongovernmental Investigation of Alleged Abuses of Human Rights

A wide variety of domestic and international human rights groups operated without government restriction, investigating and publishing their findings of human rights cases. Government officials were routinely cooperative and responsive to their views.

Government Human Rights Bodies: Parliament has a Joint Committee on Human Rights composed of 12 members selected from the House of Lords and the House of Commons. The committee investigates human rights matters in the country and scrutinizes legislation affecting human rights. It may call for testimony from government officials, who routinely comply.

The Equality and Human Rights Commission (EHRC) is an independent, nondepartmental public body that promotes and monitors human rights and protects, enforces, and promotes equality across nine “protected” grounds: age, disability, gender, race, religion and belief, pregnancy and maternity, marriage and civil partnership, sexual orientation, and gender reassignment. The sponsoring department is the Government Equalities Office. The commission was considered effective.

The Scottish Human Rights Commission, which is accountable to the Scottish Parliament, monitors and protects human rights in the region. In addition, the First Minister’s Advisory Group on Human Rights Leadership set up a National Taskforce in June to create a statutory framework for enhancing human rights protections in Scotland.

The Northern Ireland Human Rights Commission, sponsored by the Northern Ireland Office, and the Equality Commission for Northern Ireland, sponsored by the Office of the First Minister and Deputy First Minister, monitored human rights in that province. These entities were considered effective.

In Bermuda the Human Rights Commission is an independent body that effectively administered human rights law by the investigation and resolution of complaints lodged with it.

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