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Federated States of Micronesia

Executive Summary

The Federated States of Micronesia is a constitutional republic composed of four states: Chuuk, Kosrae, Pohnpei, and Yap. Individual states enjoy significant autonomy and their traditional leaders retain considerable influence, especially in Pohnpei and Yap. The latest election for the 10 members of the unicameral Congress who serve two-year terms occurred in March 2017, and observers considered the election generally free and fair. The previous election for all 14 members to Congress, including the four members from at-large state districts who are elected to four-year terms, occurred in March 2015. Congress, in its first session in 2015 following the elections, elected Peter M. Christian as president from among the four at-large members who are eligible to serve as president.

Civilian authorities maintained effective control over the security forces.

There were no reports of egregious human rights abuses.

The government sometimes took steps to punish officials, but impunity was a problem, particularly for alleged corruption.

Section 2. Respect for Civil Liberties, Including:

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

The constitution provides for freedom of internal movement. Other laws allow for freedom of 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.

PROTECTION OF REFUGEES

Access to Asylum: The law does not provide for the granting of asylum or refugee status, and the government has not established a system for providing protection to refugees. The government most recently cooperated with UNHCR to process asylum seekers in the country in 2016.

Moldova

Executive Summary

Note: Unless otherwise noted, all references in this report exclude the secessionist region of Transnistria.

Moldova is a republic with a form of parliamentary democracy. The constitution provides for a multiparty democracy with legislative and executive branches as well as an independent judiciary and a clear separation of powers. Legislative authority is vested in the unicameral parliament. The 2014 parliamentary elections met most Organization for Security and Cooperation in Europe (OSCE), Council of Europe, and other international commitments, although local and international observers raised concerns about the inclusion and exclusion of specific political parties. The significant number of parliamentarians switching parties in 2017 amid allegations of political pressure and bribery significantly reshaped parliament’s structure and the parliamentary majority. Two rounds of presidential elections in 2016 resulted in the election of Igor Dodon. According to the OSCE election observation mission, both rounds were competitive and respected fundamental freedoms. International and domestic observers, however, noted polarized and unbalanced media coverage, harsh and intolerant rhetoric, lack of transparency in campaign financing, and instances of abuse of administrative resources.

Civilian authorities maintained effective control over the security forces.

Human rights issues included torture at prisons and psycho-neurological institutions; harsh prison conditions; arbitrary arrest or detention by authorities; restrictions on freedom of the media; refoulement of political asylum seekers to a country where they had a well-founded fear of persecution; high-level corruption; cases of forced abortion; rape and other violence against persons with disabilities in state institutions.

While authorities investigated reports of official human rights abuses, they rarely successfully prosecuted and punished officials accused of human rights violations or corruption. Selective prosecution of officials for political reasons intensified. Impunity remained a major problem. Opposition parties reported increased pressure and politically motivated detentions during the year.

In 1990 separatists declared a “Transdniester Moldovan Republic” (Transnistria) along the border with Ukraine. A 1992 ceasefire agreement established a peacekeeping force of Moldovan, Russian, and Transnistrian units. The central government did not exercise authority in the region, and Transnistrian authorities governed through parallel administrative structures. During the year there were reports that police engaged in torture, arbitrary arrests, and unlawful detentions.

Section 2. Respect for Civil Liberties, Including:

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

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

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

A January decree by the Transnistrian leader adopted new migration mechanisms. According to Transnistrian authorities, the new law would “optimize the stay and registration of foreign citizens and stateless persons in Transnistria and improve migration processes.” Transnistrian authorities, however, maintained a travel notification mechanism required for all Moldovan and visiting foreign officials. There was at least one case of a Moldovan journalist being denied access to Transnistria in August. According to the OSCE Mission, since January 1, mission officials and their family members can cross the Transnistrian administrative line without being subject to the Transnistrian travel notification mechanism.

Although citizens generally may depart from and return to the country freely, there were some limitations on emigration. Before emigrating, the law requires individuals to settle all outstanding financial obligations with other persons or legal entities. The government did not strictly enforce this requirement. The law also provides that close relatives who are financially dependent on a potential emigrant must concur before the prospective emigrant may depart the country. Authorities did not enforce this law.

PROTECTION OF REFUGEES

Refoulement: Local and international observers, including Amnesty International, criticized the government for forcibly returning seven Turkish educators to Turkey in September where they were held on unclear charges by Turkish authorities. Media reports characterized them as Gulenists. Five of the educators had applied for political asylum and sought protection in the country. On September 13, another Turkish citizen was forcibly returned to Turkey by the Moldovan Intelligence Service, allegedly because of unlawful stay and for spreading of “extremist” ideas. On September 26, Amnesty International Moldova announced there were approximately 48 additional Turkish citizens in the country who were “blacklisted” and at risk of being forcibly returned to Turkey.

Access to Asylum: The law provides for granting asylum or refugee status, and the government established a system for protecting refugees. Obtaining formal refugee status was slow and burdensome. Authorities issued refugees identity cards for an indefinite term; beneficiaries of humanitarian protection received identification documents valid for three years; and asylum seekers received temporary identification cards. UNHCR provided refugees logistical, housing, and financial support. A temporary accommodation center administered by the Bureau of Migration and Asylum was available for asylum seekers.

Temporary Protection: The government provided humanitarian protection to individuals who may not qualify as refugees. As of August, there were 254 beneficiaries of humanitarian protection registered in the national asylum system.

STATELESS PERSONS

There were approximately 2,700 stateless persons in the country, most of whom resided in Transnistria. The largest numbers of stateless persons were ethnic Ukrainians, Russians, Romanians, and Turks.

The law grants citizenship to persons who resided in the historical regions of Bessarabia, Northern Bucovina, the Herta region, and the territory of the Moldovan Autonomous Soviet Socialist Republic prior to 1940 as well as their descendants. The law includes procedures for the determination of statelessness.

Stateless persons and refugees may gain nationality through naturalization. The law allows a stateless person who has resided legally in the country for eight years to seek citizenship. The government issued residence permits for a period of up to one year to stateless persons temporarily residing in the country at a cost ranging from approximately 500 to 1,400 lei ($30 to $84), depending on the urgency of the permit. Trafficking victims received residence permits free of charge.

Monaco

Executive Summary

The Principality of Monaco is a constitutional monarchy in which the sovereign prince plays the leading governmental role. The prince appoints the government, which consists of a minister of state and five ministers. The prince shares the country’s legislative power with the popularly elected National Council. Multiparty elections for the National Council on February 11 were considered free and fair.

Civilian authorities maintained effective control over the security forces.

There were no reports of egregious human rights abuses.

There were no reports of abuses committed by government officials.

Section 2. Respect for Civil Liberties, Including:

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

The law provides for freedom of internal movement, foreign travel, emigration, and repatriation, and the government generally respected these rights. The government cooperated with the Office of the UN High Commissioner for Refugees and provided mainly financial support for the commissioner’s programs.

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. The government vets applications for asylum with the French Office for the Protection of Refugees and Stateless Persons.

Durable Solutions: On May 30, the government and the Community of Sant’Egidio, a “public lay association” of the Roman Catholic Church, signed an agreement for hosting refugees in Italy. The government contributed 500,000 euros ($575,000) to support refugees, particularly refugees from Lebanon, for four years.

Mongolia

Executive Summary

Mongolia is a multiparty parliamentary democracy governed by a democratically elected government. The 2017 presidential elections and 2016 parliamentary election were considered free and fair, although some observers expressed concern during the presidential elections about allegations of vote-buying and candidates’ involvement in corruption.

Civilian authorities maintained effective control over the security forces.

Human rights issues included corruption; trafficking in persons; violence against lesbian, gay, bisexual, transgender, and intersex (LGBTI) persons; and harsh labor conditions for some foreign contract workers, especially those from the Democratic People’s Republic of Korea (DPRK).

Government efforts to punish officials who committed abuses or to remedy discrimination were inconsistent.

Section 2. Respect for Civil Liberties, Including:

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

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

In-Country Movement: An order aimed at curbing air and environmental pollution and traffic jams, effective until January 1, 2020, suspends migration from the countryside to Ulaanbaatar. The law exempts persons traveling to Ulaanbaatar for medical treatment or for work for longer than six months.

Foreign Travel: Under the criminal code, at the request of the Prosecutor General’s Office, courts can ban the departure of persons who are plotting criminal activity. The law requires that those subject to an exit ban receive timely notification. Authorities did not allow persons under exit bans to leave until the disputes leading to the bans were resolved administratively or by court decision, and bans may remain in place for years. According to reports 500 persons, including several foreign residents, remained banned from leaving the country.

PROTECTION OF REFUGEES

Access to Asylum: The constitution provides for granting asylum, and the government provided limited protections to foreign residents in the country while UNHCR adjudicated their refugee claims. The law establishes deportation criteria and permits the Agency for Foreign Citizens and Naturalization (the country’s immigration agency) to deport asylum seekers who it deems do not qualify.

Employment: The law does not afford a specific legal status to refugees and asylum seekers; by default, therefore, authorities usually treated them as irregular migrants and did not issued them work permits.

Access to Basic Services: Because the law does not provide for refugee status, asylum seekers generally did not have access to government-provided basic services such as health care and education. Refugees and asylum seekers could access private medical facilities with UNHCR support.

Morocco

Executive Summary

Morocco is a constitutional monarchy with a parliamentary national legislative system under which ultimate authority rests with King Mohammed VI, who presides over the Council of Ministers. The king shares executive authority with Head of Government (prime minister) Saadeddine El Othmani. According to the constitution, the king appoints the head of government from the political party with the most seats in parliament and approves members of the government nominated by the head of government. International and domestic observers judged the 2016 parliamentary elections credible and relatively free from irregularities.

Civilian authorities maintained effective control over security forces.

Human rights issues included allegations of torture by some members of the security forces, although the government condemned the practice and made substantial efforts to investigate and address any reports; allegations that there were political prisoners; undue limits on freedom of expression, including criminalization of libel and certain content that criticized Islam, the monarchy, and the government’s position regarding territorial integrity; limits on freedom of assembly and association; corruption; and criminalization of lesbian, gay, bisexual, transgender, or intersex (LGBTI) conduct.

There were few examples of investigations or prosecutions of human rights abuses by officials, whether in the security services or elsewhere in the government, which contributed to the widespread perception of impunity.

Section 2. Respect for Civil Liberties, Including:

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

The law provides for freedom of internal movement, foreign travel, emigration, and repatriation, and the government generally respected these rights although it limited movement to areas experiencing widespread unrest. The government denied entry to individuals it believed threatened the stability of the country. 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, and other persons of concern. The government also provided funding to humanitarian organizations to provide social services to migrants, including refugees.

The government continued to make travel documents available to Sahrawis, and there were no reported cases of authorities preventing Sahrawis from traveling. The government encouraged the return of Sahrawi refugees from Algeria and elsewhere if they acknowledged the government’s authority over Western Sahara.

Abuse of Migrants, Refugees, and Stateless Persons: Refugees and asylum seekers, as well as migrants, were particularly vulnerable to abuse. Europe-bound human smuggling and human trafficking increased in part due to restrictions on migration via the central and eastern Mediterranean. Moroccan authorities, however, cooperated with Spanish and EU authorities to thwart trafficking networks and arrest traffickers. Parliament passed legislation in 2016 to improve protections for victims. There were reports of government authorities arresting or detaining migrants, particularly around the Spanish enclave cities of Melilla and Ceuta, and forcibly relocating them to other parts of the country to deter attempts to cross illegally into Spanish territory.

In-country Movement: According to Amnesty International, since July law enforcement authorities seized an estimated 5,000 persons, including thousands of sub-Saharan migrants, and forcibly relocated them from areas neighboring the straits of Gibraltar and the Spanish enclaves of Melilla and Ceuta to the south of the country or near the Algerian border. According to Amnesty International, these included 14 asylum-seekers and four refugees registered with UNHCR in the country who authorities forcibly transferred to the south. At a press conference on August 30, government spokesperson Mustapha Khalfi stated the operations transferring migrants to other cities were in accordance with national laws that fight illegal immigration. The Ministry of Interior also affirmed the authorities relocated migrants without legal status from the north to other parts of Morocco in accordance with the law after local authorities had given notice to the migrants to relocate due to national security concerns.

PROTECTION OF REFUGEES

Access to Asylum: The law provides for the granting of refugee status. The government has historically deferred to UNHCR as the sole agency in the country entitled to perform refugee status determinations and verify asylum cases. UNHCR referred cases that meet the criteria for refugee recognition to the government’s interministerial Commission in Charge of Hearings for Asylum Seekers within the Bureau of Refugees and Stateless Persons. The government recognizes two types of asylum status: refugees designated according to the UNHCR statute and the “exceptional regularization of persons in irregular situation” under the 2016 migrant regularization program. The government continued to grant status to UNHCR-recognized refugees and temporary status to registered Syrians. There were 755 refugees registered in the country. During the year the commission held one hearing on January 25 for 36 asylum seekers referred by UNHCR; the eight asylum seekers who attended the hearing were granted legal status. According to the Ministry of Interior, as of August, UNHCR Rabat referred 803 asylum seekers to the commission, of whom about 60 percent were Syrian nationals.

Access to Basic Services: Recognized refugees and migrants were generally able to work and access health care and education services, including publicly funded professional and vocational training. Requests on behalf of women and children receive automatic approval, with immediate access to education and healthcare. Asylum seekers were, however, sometimes unable to access the national health care system and continued to have little access to the judicial system until recognized as refugees.

Durable Solutions: According to the government, during the second phase of its migrant regularization program from December 2016 to December 2017, the government granted legal status to 27,660 applicants. The government initially denied 14,898 applicants, of whom 9,328 reapplied and reviewing committees established at the local level reviewed these applications and granted those 9,328 legal status. The reviewing committees were composed of government officials, authorities, and representatives from the CNDH and migrant-serving NGOs. The program, similar to the 2014 campaign, granted legal status to foreign spouses and children of citizens and other legal residents of the country as well as to individuals with at least five years of residence in the country, a valid work contract, or chronic illness. From 2014 through 2017, the government granted legal status to more than 50,756 migrants, approximately 85 percent of the migrants who applied. Migrants and refugees may obtain Moroccan nationality if they meet the legal requirements of the Nationality Law and submit a request to the Ministry of Justice. The government facilitated voluntary returns in cooperation with UNHCR and, when necessary, the resettlement of recognized refugees to third countries. Since 2004 the government and the International Organization for Migration (IOM) have cofunded for the voluntary return of an estimated 26,000 migrants to their countries of origin. According to the government, it assisted with the voluntary return to the country of origin of an average of 2,000 to 3,000 migrants per year.

Temporary Protection: The government also provided temporary protection to individuals who may not qualify as refugees. Syrians and Yemenis benefited from “exceptional regularization” outside of the more permanent migrant regularization program. From December 2017 to February, 23,464 migrants benefited from exceptional regularization.

Mozambique

Executive Summary

Mozambique is a multiparty parliamentary democracy with a freely elected republican form of government. The most recent national elections for president, parliament, and provincial assemblies took place in 2014. Voters elected as president Filipe Nyusi of the ruling Front for the Liberation of Mozambique (Frelimo). Multiple national and international observers considered voting generally orderly but lacking transparency during vote tabulation. Some foreign observers and domestic civil society organizations expressed concern regarding election irregularities such as delays in observer credentialing, excessive numbers of invalid votes, and inordinately high voter turnout in some districts, which they stated indicated ballot box stuffing.

Civilian authorities at times did not maintain effective control over security forces.

Increased Islamic extremist violence in Cabo Delgado Province changed the country’s political landscape during the year. The violent attacks against government forces and civilian populations that began in October 2017 continued, threatening to fragment the country’s tradition of religious tolerance and social cohesion. The government’s security force responses to these attacks were at times heavy-handed and included arbitrary arrest and detention, harassment of civilians, and closure of mosques.

Human rights issues included: arbitrary or unlawful deprivation of life by security forces; harsh and life-threatening prison and detention center conditions; official corruption; violence against women and inadequate government efforts to investigate, prosecute, or otherwise hold perpetrators accountable; and child labor.

The government took steps to investigate, prosecute, and punish some officials who committed abuses; however, impunity remained a problem at all levels.

Section 2. Respect for Civil Liberties, Including:

Namibia

Executive Summary

Namibia is a constitutional multiparty democracy. In local and regional elections held in 2015, the ruling South West African People’s Organization (Swapo) party won 112 of 121 regional council seats and gained control of 54 of 57 local authorities. Elections held in 2014 resulted in the election of Prime Minister Hage Geingob to the presidency and retention by Swapo of its large parliamentary majority. International observers characterized the elections in 2014 and 2015 as generally free and fair.

Civilian authorities maintained effective control over the security forces.

There were no reports of egregious human rights abuses.

The government took steps to prosecute or administratively punish officials who committed abuses, whether in the security services or elsewhere in the government.

Section 2. Respect for Civil Liberties, Including:

Nauru

Executive Summary

Nauru is a constitutional republic. International observers deemed the 2016 parliamentary election to be free and fair. Parliament re-elected President Baron Waqa, who was also a member of parliament.

Civilian authorities maintained effective control over the security forces.

Human rights issues included censorship.

There were no reports that government officials committed egregious human rights abuses, and impunity was not a problem.

Section 2. Respect for Civil Liberties, Including:

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

 

INT

Neither the constitution nor law specifically provides for freedom of internal movement, foreign travel, emigration, and repatriation, but the government generally respected these rights for its citizens. The government cooperated with the Office of the United Nations High Commissioner for Refugees and other humanitarian organizations in providing protection and assistance to internally displaced persons, refugees, returning refugees, asylum seekers, stateless persons, or other persons of concern.

Abuse of Migrants, Refugees, and Stateless Persons: On October 13, the Office of the United Nations High Commissioner for Refugees called for the government and the Australian government to end offshore detention and for the immediate evacuation of the remaining refugees and asylum seekers, citing a deteriorating health situation in the refugee facilities. The call came after the government expelled global medical charity Medecins Sans Frontieres from the country, calling its members “political activists for refugees.”

According to media reports, children at the Refugee Processing Center indicated growing risks of self-harm, suicide attempts, or refusing all food and fluids. In August a 14-year-old male refugee who went on a hunger strike for more than 14 days was flown to Australia for treatment after he became critically ill. A 12-year-old female refugee was reportedly hospitalized in the country for injuries sustained after she attempted to set herself on fire.

PROTECTION OF REFUGEES

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 law includes a provision for nonrefoulement.

Durable Solutions: The government grants five-year visas to asylum seekers after they receive refugee determination.

Nepal

Executive Summary

Nepal is a federal democratic republic. The 2015 constitution establishes the political system, including the framework for a prime minister as the chief executive, a bicameral parliament, and seven provinces. In November and December 2017 the country held national elections for the lower house of parliament and the newly created provincial assemblies. Domestic and international observers characterized the national elections as “generally well conducted,” although some observers noted a lack of transparency in the work of the Election Commission of Nepal (ECN).

Civilian authorities maintained effective control of security forces.

Human rights issues included reports of unlawful or arbitrary killings; torture; cruel, inhuman or degrading treatment, and arbitrary detention; site blocking and criminal defamation; interference with the rights of peaceful assembly and freedom of association, such as overly restrictive nongovernmental organization (NGO) laws; corruption; trafficking in persons; early and forced marriage; restrictions on freedom of movement for refugees, notably resident Tibetans; lack of official accountability related to discrimination and violence, including rape, against women; and use of forced, compulsory, and child labor.

The government investigated but did not routinely hold accountable those officials and security forces accused of committing ongoing violations of the law. Security personnel accused of using excessive force in controlling protests in recent years did not face notable accountability, nor did most conflict-era human rights violators; there were significant delays in implementing, providing adequate resources for, and granting full independence to the country’s two transitional justice mechanisms.

Section 2. Respect for Civil Liberties, Including:

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

The law provides for freedom of internal movement, foreign travel, emigration, and repatriation, except for most refugees, whose freedom of movement within the country is limited by law. Constraints on refugee movements were enforced unevenly. The government cooperated with the Office of the UN High Commissioner for Refugees (UNHCR) and other humanitarian organizations in providing protection and assistance to refugees and asylum seekers.

In-country Movement: The government has not issued personal identification documents to Tibetan refugees in more than 20 years, leaving the majority of this refugee population without recourse to present required documents at police checkpoints or during police stops. Some refugees reported being harassed or turned back by police at checkpoints.

Foreign Travel: In an attempt to protect women from being trafficked or abused, the government maintained a minimum age of 24 for women traveling overseas for domestic employment. NGOs and human rights activists viewed the age ban as discriminatory and counterproductive because it impelled some women to migrate through informal channels across the Indian border rendering them more vulnerable to being trafficked.

On August 24, immigration officers at Tribhuvan International Airport detained and prevented from traveling Lenin Bista, a former Maoist child combatant who had been invited to a conference in Thailand on youth in conflict. Immigration authorities told Bista he could not travel because he had not received government permission, although they reportedly were unable to explain why such permission would be necessary.

INTERNALLY DISPLACED PERSONS (IDPS)

The 2015 earthquake and its aftershocks displaced millions of individuals. According to the Internal Displacement Monitoring Center, natural disasters in 2017 led to 384,000 displacements.

Many earthquake-affected IDPs remained in camps or informal settlements because they did not hold a title to land and were occupying it illegally when the earthquake occurred. Others stayed because their homes remained vulnerable to or were destroyed by subsequent landslides. The government promoted their safe, voluntary return and had policies in place to help them.

Although the government and the Maoists agreed to support the voluntary return in safety and dignity of conflict-displaced IDPs to their homes following the 10-year civil war, the agreement has not been fully implemented. The Ministry of Peace and Reconstruction estimated that 78,700 persons were displaced from 1996 to 2006, but an estimated 50,000 remained unwilling or unable to return home. The reasons included unresolved land and property issues, lack of citizenship or ownership documentation, and security concerns since the land taken from IDPs by Maoists during the conflict was often sold or given to landless or tenant farmers.

The government provided relief packages for the rehabilitation and voluntary return of conflict-era IDPs. Many of those still displaced preferred to integrate locally and live in urban areas, mostly as illegal occupants of government land along riversides or together with the landless population. The absence of public services and lack of livelihood assistance also impeded the return of IDPs.

PROTECTION OF REFUGEES

Access to Asylum: The law does not provide for the determination of individual refugee or asylum claims or a comprehensive legal framework for refugee protection. The government recognized large numbers of Tibetans as refugees and supported resettlement to foreign countries of certain refugees claiming Bhutanese citizenship. The government does not recognize Tibetans who arrived in the country after 1990 as refugees. Most Tibetans who arrived since then transited to India, although an unknown number remained in the country. The government has not issued refugee cards to Tibetan refugees since 1995. UNHCR estimated three-quarters of the roughly 12,000 resident Tibetan refugees remained undocumented, including all of whom were younger than the age of 16 in 1995 or had been born since. More than 500 refugees and asylum seekers from other countries, including Pakistan, Burma, Afghanistan, Sri Lanka, Bangladesh, Somalia, Iran, Iraq, and Democratic Republic of the Congo, lived in the country. The government continued to deny these groups recognition as refugees, even when recognized as such by UNHCR.

Freedom of Movement: The government officially restricted freedom of movement and work for the approximately 6,500 refugees asserting claims to Bhutanese citizenship residing in the two remaining refugee camps in the eastern part of the country, but those restrictions were largely unenforced for this population. After China heightened security in 2008 along its border and increased restrictions on internal freedom of movement for ethnic Tibetans, the number of Tibetans who transited through the country dropped significantly. UNHCR reported that 53 Tibetans transited the country in 2017, and 31 from January through September. The government issued UNHCR-facilitated exit permits for recent arrivals from Tibet who were transiting while traveling to India. While Nepal-based Tibetans with refugee certificates were eligible to apply for travel documents to leave the country, the legal process was often arduous, expensive, and opaque and travel documents were typically valid for one year and one single trip. A 2016 government directive authorized chief district officers to skip the verification step, which required witnesses and a police letter, for Tibetans who had previously been issued a travel document. For individuals whom the government did not recognize as refugees, even when recognized by UNHCR, the government levied NRs 563 (approximately $5) fines per day out of status–and a discretionary penalty of up to NRs 50,000 (approximately $500) to obtain an exit permit. The government maintained its policy enabling Nepali government-registered refugees destined for resettlement or repatriation to obtain exit permits without paying these fines.

Access to Basic Services: Most Tibetan refugees who lived in the country, particularly those who arrived after 1990 or turned 16 after 1995, did not have documentation, nor did their locally born children. Even those with acknowledged refugee status had no legal rights beyond the ability to remain in the country. The Nepal-born children of Tibetans with legal status often lacked documentation. The government allowed NGOs to provide primary- and secondary-level schooling to Tibetans living in the country. Tibetan refugees had no entitlement to higher education in public or private institutions and were denied the right to work officially. They were unable legally to obtain business licenses, driver’s licenses, bank accounts, or to own property, or consistently document births, marriages, and deaths. Some in the Tibetan community resorted to bribery to obtain these services.

The government allowed UNHCR to provide some education, health, and livelihood services to these refugees, but the refugees lacked legal access to public education and the right to work.

Durable Solutions: The government does not provide for local integration as a durable solution. The government officially does not allow the approximately 6,500 refugees asserting claims to Bhutanese citizenship to work or have access to public education or public health clinics, but it allows UNHCR to provide parallel free education and health services to refugees in the camps. Since 2007 the government permitted third-country resettlement for more than 109,000 refugees claiming Bhutanese citizenship.

STATELESS PERSONS

An estimated 5.4 million individuals (24 percent of the population age 16 and over) lacked citizenship documentation. Citizenship documents, which are issued at age 16, are required to register to vote, register marriages or births, buy or sell land, appear for professional exams, open bank accounts, or gain access to credit and receive state social benefits.

Constitutional provisions, laws, and regulations governing citizenship discriminated by the gender of the registering parent, which contributed to statelessness. The constitution states that citizenship derives from one Nepali parent, but it also stipulates that a child born to a Nepali mother and a non-Nepali father may obtain citizenship only through naturalization. In some cases, mothers faced extreme difficulties in securing citizenship papers for children of Nepali parents, even when the mother possessed Nepali citizenship documents, except in cases in which the child’s father supported the application. These difficulties persisted despite a 2011 Supreme Court decision granting a child Nepali citizenship through the mother if the father was unknown or absent.

The constitution states that the children of unidentified fathers may obtain citizenship through their mothers, but if it is later determined that the father is a foreign citizen, the child will lose citizenship by descent and be eligible for naturalization. In practice many single women face difficulties registering their children as citizens by descent. The Supreme Court ruled in May 2017 that government authorities must not deny the registration of birth and citizenship of children of Nepali mothers and fathers who cannot be traced. According to human rights lawyers, although this provision applies to the children of single mothers, including rape and trafficking victims, it does not address situations in which the identity of a child’s father is known but refuses to acknowledge paternity. The legal and practical restrictions on transferring citizenship imposed particular hardships on children whose fathers were deceased, had abandoned the family, or (as was increasingly common) departed the country to work abroad.

Since naturalization is not a fundamental right under the constitution, although it could be an option for those not eligible for citizenship by descent, it is subject to state discretion. Although they lack specific data, human rights lawyers reported that the government has processed few applications for naturalization of children in recent years.

For women and girls to obtain citizenship by descent for themselves, regulations require a married woman to submit a formal attestation from her husband, father, or husband’s family (if widowed) that she qualifies for citizenship and has his or their permission to receive it. This requirement makes a woman’s right to citizenship contingent on her father’s or husband’s cooperation. In many cases husbands refused to provide their wives this attestation. Preventing women from obtaining citizenship documentation precludes their access to the courts and thus their ability to make legal claims to land and other property, which permits the husband or male relatives free to stake their own claims.

Stateless persons experienced discrimination in employment, education, housing, health services, marriage, birth registration, identity documentation, access to courts and judicial procedures, migration opportunities, land and property ownership, and access to earthquake relief and reconstruction programs.

New Zealand

Executive Summary

New Zealand is a parliamentary democracy. Citizens chose their representatives in a free and fair multiparty election held most recently in September 2017. The Labour Party formed a coalition government with the New Zealand First Party with Green Party support. Labour Party leader Jacinda Ardern serves as prime minister.

Civilian authorities maintained effective control over the security forces.

The most significant human rights issue was forced labor among foreign migrant workers.

The government has effective mechanisms for prosecuting officials who commit human rights abuses; there were no reports of such abuses during the year.

Section 2. Respect for Civil Liberties, Including:

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

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

PROTECTION OF REFUGEES

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

Durable Solutions: The country’s refugee policy commits the government to resettling 1,000 refugees annually under the Refugee Quota Program, commencing in 2018. The government consistently met or exceeded its previous target of admitting 750 refugees annually.

Temporary Protection: The government also provided temporary protection to persons who may not qualify as refugees under the country’s UN quota commitment. Advocacy groups reported concern that approximately 100 annual asylum seekers did not receive the same level of governmental support as quota refugees, specifically with access to employment.

Nicaragua

Executive Summary

Nicaragua has a highly centralized, authoritarian political system dominated by President Daniel Ortega Saavedra and his wife, Vice President Rosario Murillo Zambrana. Ortega’s Sandinista National Liberation Front (FSLN) party exercises total control over the executive, legislative, judicial, and electoral functions despite the country’s official status as a multiparty constitutional republic. President Ortega was inaugurated to a third term in office in January 2017 following a deeply flawed electoral process. The 2016 elections expanded the ruling party’s supermajority in the National Assembly, which previously allowed for changes in the constitution that extended the reach of executive branch power and the elimination of restrictions on re-election for executive branch officials and mayors. Observers have noted serious flaws in municipal, regional, and national elections since 2008. Civil society groups, international electoral experts, business leaders, and religious leaders identified persistent flaws in the 2017 municipal elections and noted the need for comprehensive electoral reform.

Civilian authorities maintained effective control over police and parapolice security forces. Parapolice are nonuniformed, masked, and armed groups with tactical training and organization, acting in coordination with government security forces, under the direct control of the government, and reporting directly to the Nicaraguan National Police (NNP).

In April President Ortega and Vice President Murillo ordered police and parapolice forces to put down with violence peaceful protests that began over discontent with a government decision to reduce social security benefits. The government’s excessive response included the use of live ammunition and snipers. Protesters built makeshift roadblocks and confronted NNP and parapolice with rocks and homemade mortars. As of late November, the ensuing conflict left at least 325 persons dead, more than 2,000 injured, hundreds illegally detained and tortured, and more than 52,000 exiled in neighboring countries. Beginning in August the Ortega government instituted a policy of “exile, jail, or death” for anyone perceived as opposition, amended terrorism laws to include prodemocracy activities, and used the justice system to characterize civil society actors as terrorists, assassins, and coup-mongers.

Human rights deteriorated markedly during the year. Issues included reports of unlawful or arbitrary killings committed by the government or its agents; forced disappearance by parapolice forces; torture; physical abuse, including rape, by government officials; and arbitrary arrest and detention. There were harsh and life-threatening prison conditions; political prisoners; arbitrary and unlawful interference with privacy; arrests of journalists, censorship, site blocking, and criminal libel; and substantial interference with the rights of peaceful assembly and freedom of association, including attacks on the Roman Catholic Church and Church officials. The government stripped the legal status of several nongovernmental organizations (NGOs) and civil society organizations, seizing their assets and preventing them from operating. There was widespread corruption; trafficking in persons; attacks against lesbian, gay, bisexual, transgender, and intersex (LGBTI) persons; discrimination against ethnic minorities and indigenous communities; and child labor.

President Ortega actively strengthened impunity for human rights abusers who were loyal to him.

Section 2. Respect for Civil Liberties, Including:

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

The law provides for freedom of internal movement, foreign travel, emigration, and repatriation, and the government generally respected these rights. The government strictly controlled the entry of persons affiliated with some groups, specifically humanitarian and faith-based organizations. The government may prevent the departure of travelers with pending cases; authorities used this authority against individuals involved in the protest movement. The law requires exit visas for minors. Beginning on April 19, there were periods in which demand for exit visas and other migration services overwhelmed the government’s capacity, in effect impeding the ability of families to leave the country.

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

Durable Solutions: The government recognized 61 persons for refugee status in 2015, the most recent year for which information was available.

Niger

Executive Summary

Niger is a multiparty republic. President Issoufou Mahamadou won a second term in 2016. He won 92 percent of the vote in a second round boycotted by the opposition. The African Union certified the election as free and fair despite the criticism of some domestic observers who noted the jailing of the leadership of the lead opposition party among other irregularities. The government refused to follow a Constitutional Court ruling in 2017 for a parliamentary election in the district of Maradi to replace a representative who had died. The political opposition boycotted a political mediation council and the newly formed National Independent Electoral Commission through much of the year.

Civilian authorities maintained effective control over the security forces.

Human rights issues included unlawful killings and forced disappearances by the government, allied militias, terrorists, and armed groups; arbitrary arrest and detention by government security forces and armed groups; harsh and life-threatening prison and detention center conditions; political prisoners; substantial interference with the rights of peaceful assembly and freedom of association; reported government support of Malian armed groups accused of unlawful recruitment or use of child soldiers; trafficking in persons; lack of accountability for cases of violence against women due in part to government inaction; caste-based slavery and forced labor, especially forced or compulsory or child labor.

The government took some steps to prosecute officials who committed abuses, but impunity remained a problem.

Terrorist groups targeted and killed civilians and recruited child soldiers. The government reportedly provided some limited material and logistical support in Niger to a Mali-based militia, the Imghad Tuareg and Allies Self-Defense Group (GATIA), a group that has been reported to recruit and use child soldiers. The government was involved in campaigns against terrorist groups on its borders with Mali, Nigeria, Cameroon, and Chad, and it was wary of increasing terror attacks in Burkina Faso and spillover from insecurity in Libya.

Section 2. Respect for Civil Liberties, Including:

Nigeria

Executive Summary

Nigeria is a federal republic composed of 36 states and the Federal Capital Territory (FCT). In 2015 citizens elected President Muhammadu Buhari of the All Progressives Congress party to a four-year term in the first successful democratic transfer of power from a sitting president in the country’s history.

Civilian authorities did not always maintain effective control over the security services.

The insurgency in the Northeast by the militant terrorist groups Boko Haram and the Islamic State in West Africa (ISIS-WA) continued. The groups conducted numerous attacks on government and civilian targets that resulted in thousands of deaths and injuries, widespread destruction, the internal displacement of approximately 1.8 million persons, and external displacement of an estimated 225,000 Nigerian refugees to neighboring countries, principally Cameroon, Chad, and Niger. Widespread violence across rural Nigeria, including conflict over land and other resources between farmers and herders, resulted in an estimated 1,300 deaths and 300,000 persons internally displaced between January and July, according to the International Crisis Group (ICG).

Human rights issues included unlawful and arbitrary killings by both government and nonstate actors; forced disappearances by both government and nonstate actors; torture by both government and nonstate actors and prolonged arbitrary detention in life-threatening conditions particularly in government detention facilities; harsh and life threatening prison conditions including civilian detentions in military facilities, often based on flimsy or no evidence; infringement on citizens’ privacy rights; criminal libel; substantial interference with the rights of peaceful assembly and freedom of association, in particular for lesbian, gay, bisexual, transgender, and intersex (LGBTI) persons; refoulement of refugees; corruption; progress to formally separate child soldiers previously associated with the Civilian Joint Task Force (CJTF); lack of accountability concerning violence against women, including female genital mutilation/cutting, in part due to government inaction/negligence; trafficking in persons, including sexual exploitation and abuse by security officials; crimes involving violence targeting LGBTI persons and the criminalization of status and same-sex sexual conduct based on sexual orientation and gender identity; and forced and bonded labor.

The government took steps to investigate alleged abuses but fewer steps to prosecute officials who committed violations, whether in the security forces or elsewhere in the government. Impunity remained widespread at all levels of government. The government did not adequately investigate or prosecute most of the major outstanding allegations of human rights violations by the security forces or the majority of cases of police or military extortion or other abuse of power.

The Borno State government provided financial and in-kind resources to the CJTF, a nongovernmental self-defense militia that coordinated and at times aligned with the military to prevent attacks against civilian populations by Boko Haram and ISIS-WA. Human rights organizations and press reporting charged the CJTF with committing human rights abuses. The government took few steps to investigate or punish CJTF members who committed human rights abuses.

Boko Haram and ISIS-WA conducted numerous attacks targeting civilians. Boko Haram recruited and forcefully conscripted child soldiers and carried out scores of suicide bombings, many by young women and girls forced into doing so — and other attacks on population centers in the Northeast and in Cameroon, Chad, and Niger. Abductions by Boko Haram and ISIS-WA continued. Both groups subjected many women and girls to sexual and gender-based violence, including forced marriages, sexual slavery, and rape. The government investigated attacks by Boko Haram and ISIS-WA and took steps to prosecute their members, although the majority of suspected insurgent group supporters were held in military custody without charge.

Section 2. Respect for Civil Liberties, Including:

Norway

Executive Summary

Norway is a parliamentary democracy and constitutional monarchy. The government consists of a prime minister, a cabinet, and a 169-seat parliament (Storting), which is elected every four years and may not be dissolved. The monarch generally appoints the leader of the majority party or majority coalition as prime minister with the approval of parliament. Observers considered the multiparty parliamentary elections in September 2017 to be free and fair.

Civilian authorities maintained effective control over the security forces.

There were no reports of egregious human rights abuses.

The government investigated officials who committed violations.

Section 2. Respect for Civil Liberties, Including:

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

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

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

PROTECTION OF REFUGEES

Access to Asylum: The law provides for the granting of asylum or refugee status, and the government has established a system for providing protection to refugees. The government made permanent the majority of the temporary restrictions implemented in 2015 and 2016. NGOs continued to criticize the government for rejecting a high percentage of the asylum claims from Afghans. As of June authorities deported 321 persons who had arrived in the country as asylum seekers, of whom 124 were Afghans.

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 UNHCR. The government’s Directorate of Immigration (UDI) had several programs to settle refugees permanently in the country. According to the UDI, as of July the country accepted 1,326 refugees for resettlement.

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 weak or 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 out of the previous 10 years, completion of language training, and successful completion of a Norwegian language test and a course on Norwegian society.

On January 18, the government transferred responsibility for integrating immigrants from the Ministry of Justice and Public Security to the Ministry of Education and Research.

Temporary Protection: The government provided temporary humanitarian protection to individuals who may not qualify as refugees and provided it to 49 individuals through the end of August. The permits for temporary protection may be renewed and can become permanent. The government also provided temporary protection to six unaccompanied minors, who were granted residence permits in the country until the age of 18.

STATELESS PERSONS

According to UNCHR, 3,282 stateless persons lived in the country at the end of 2017; they were not counted as refugees. According to the UDI, at the end of August, an additional 164 stateless asylum seekers lived in reception centers, a decrease of 53 percent from the same period in 2017. Of these, 31 persons had permission to stay, and 15 were under orders to leave the country. The remainder continued the asylum application process.

The government effectively implemented laws and policies to provide stateless persons the opportunity to gain nationality on a nondiscriminatory basis.

Oman

Executive Summary

The Sultanate of Oman is a hereditary monarchy ruled by Sultan Qaboos al-Said since 1970. The sultan has sole authority to enact laws through royal decree, although ministries and the bicameral Majlis Oman (parliament) can draft laws on nonsecurity-related matters, and citizens may provide input through their elected representatives. The Majlis Oman is composed of the Majlis al-Dawla (upper house or State Council), whose 84 members are appointed by the sultan, and the elected 85-member Majlis al-Shura (lower house or Consultative Assembly). In October 2015 more than 250,000 citizens participated in the country’s Majlis al-Shura elections for the Consultative Assembly; there were no independent observers and no notable claims of improper government interference.

The Royal Office and Royal Diwan–the sultan’s personal offices–maintained effective control over the security forces.

Human rights issues included occasional allegations of torture of prisoners and detainees in government custody; undue restrictions on free expression, the press, and the internet, including censorship, site blocking, and criminal libel; substantial interference with the rights of peaceful assembly and freedom of association; restrictions on political participation, and criminalization of lesbian, gay, bisexual, transgender, and intersex (LGBTI) conduct.

Authorities generally held security personnel and other government officials accountable for their actions. The government acted against corruption during the year, with cases proceeding through the court system.

Section 2. Respect for Civil Liberties, Including:

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

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

Abuse of Migrants, Refugees, and Stateless Persons: The country has a large number of female migrant workers from India, Pakistan, Nepal, Bangladesh, Sri Lanka, Ethiopia, Indonesia, and the Philippines, many of whom are employed as domestic workers. NGOs based outside the country, such as Human Rights Watch, and embassies of labor-sending countries alleged that domestic workers faced discrimination, to include physical, sexual, and psychological abuse. The country criminalizes slavery and trafficking, but enforcement was weak. Although forced labor is punished under the labor law, domestic workers are excluded from that law’s protections. Authorities prosecuted nine individuals for forced labor during the year, but it was unclear whether any of those cases involved domestic workers.

The government did not allow refugees to remain in the country. Refugees escaping conflict areas, such as Yemen, were allowed to remain in a border camp for a few days and then returned to their country of citizenship, where they could face persecution or torture, or moved onward to a third destination. In the case of Syrians fleeing conflict in Yemen, the government allowed them to choose a third country as a destination.

In-country Movement: There are no official government restrictions on internal travel for any citizen. The government must approve official travel by foreign diplomats to the Dhofar and Musandam regions. There were reports many foreign domestic employees had their passports confiscated by employers, who sponsor the foreign workers.

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

Foreign Travel: Some foreigners must obtain an exit visa from their employer prior to leaving the country. Exit visas may be denied when there is a dispute over payment or work remaining, leaving the foreign citizen in country with recourse only through local courts. Courts provided recourse to workers denied exit visas, but the process was opaque. In the past, travel bans–through confiscation of passports–were imposed on citizens involved in political activism. While no new cases were reported during the year, previously imposed travel bans on activists were likely still in effect.

PROTECTION OF REFUGEES

Refoulement: The government did not provide protection to refugees from involuntary returns to countries where their lives or freedom could be threatened. Tight control over the entry of foreigners effectively limited access to protection for refugees and asylum seekers. Authorities apprehended and deported presumed economic migrants from Somalia, Ethiopia, and Eritrea who sought to enter the country illegally by land and sea from the south. Afghans and Pakistanis travelling irregularly to escape violence generally came to the country by boat via Iran. Authorities generally detained these persons in centers in Salalah or the northern port city of Sohar, where they were held an average of one month before deportation to their countries of origin.

Access to Asylum: The laws provide for the granting of asylum or refuge for internally displaced persons, and the government has established a system for providing protection. The ROP’s system for granting asylum and resettlement is not transparent, and the law does not specify a timeframe in which the ROP must adjudicate an asylum application. It is current policy not to recognize refugees from conflict zones, such as Yemen, although the government provided temporary medical care to certain Yemeni citizens.

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

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

STATELESS PERSONS

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

Pakistan

Executive Summary

Pakistan is a federal parliamentary republic. In July the Pakistan Tehreek-e-Insaf (PTI) party won the most National Assembly seats in the general elections, and in August PTI’s Imran Khan became prime minister. While independent observers noted technical improvements in the Election Commission of Pakistan’s management of the polling process itself, observers, civil society organizations and political parties raised concerns about pre-election interference by military and intelligence agencies that created an uneven electoral playing field. Some political parties also alleged significant polling day irregularities occurred.

The military and intelligence services nominally reported to civilian authorities but essentially operated without effective civilian oversight.

Human rights issues included credible reports of extrajudicial and targeted killings; forced disappearances; torture; arbitrary and lengthy pretrial detention; arbitrary or unlawful interference with privacy; censorship, site-blocking, and arbitrary restrictions on journalists’ freedom of movement; severe harassment and intimidation of and high-profile attacks against journalists and media organizations; government restrictions on freedom of peaceful assembly and association, including overly restrictive nongovernmental organizations (NGO) laws; restrictions on religious freedom and discrimination against members of religious minority groups; restrictions on freedom of movement; corruption within the government; recruitment and use of child soldiers by nonstate militant groups; lack of criminal investigations or accountability for cases related to rape, sexual harassment, so-called honor crimes, female genital mutilation/cutting, and violence based on gender, gender identity and sexual orientation; legal prohibitions of consensual same-sex sexual conduct; forced and bonded labor and transnational trafficking in persons; and the worst forms of child labor.

There was a lack of government accountability, and abuses often went unpunished, fostering a culture of impunity among the perpetrators, whether official or unofficial. Authorities seldom punished government officials for human rights abuses.

Terrorist violence and human rights abuses by nonstate actors contributed to human rights problems. Military, police, and law enforcement agencies continued to carry out significant campaigns against militant and terrorist groups. Nevertheless, violence, abuse, and social and religious intolerance by militant organizations and other nonstate actors, both local and foreign, contributed to a culture of lawlessness. As of December 23, terrorism fatalities stood at 686, in comparison with 1,260 total fatalities in 2017, according to the South Asia Terrorism Portal, a database compiled by the public-interest advocacy organization Institute for Conflict Management, which collects statistics on terrorism and low intensity warfare in South Asia.

Section 2. Respect for Civil Liberties, Including:

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

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

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

Abuse of Migrants, Refugees, and Stateless Persons: The government provided temporary legal status to approximately 1.4 million Afghans formally registered and holding proof of registration cards. The PML-N and interim governments gave repeated, short-term proof of registration card extensions through September 30, which created an environment of uncertainty for proof of registration cardholders. In October the PTI-led government broke the trend of short-term extensions, approving a longer-term extension through June 30, 2019. Prime Minister Imran Khan pledged on September 16 to offer citizenship to Afghan refugees and Bengalis born in the country. The government formed a parliamentary committee to address this issue, which remained controversial.

There were reports that provincial authorities, police, and host communities harassed Afghan refugees. UNHCR reported that, from January to October, there were 828 arrests and detentions of refugees. All those arrested were released, 74 percent without charges, often following the intervention of UNHCR or its implementing partners. Arrests spiked in July, largely due to stringent security measures initiated by the government in preparation for the July 25 general elections.

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

Foreign Travel: The law prohibits travel to Israel, and the country’s passports include a statement that they are “valid for all countries except Israel.” Passport applicants must list their religious affiliation and, if Muslim, affirm a declaration that the founder of the Ahmadiyya movement was a false prophet. Ahmadi representatives reported authorities wrote the word “Ahmadi” in their passports if they refused to sign the declaration.

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

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

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

INTERNALLY DISPLACED PERSONS (IDPS)

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

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

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

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

PROTECTION OF REFUGEES

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

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

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

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

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

The Ministry of States and Frontier Regions and Ministry of the Interior’s National Database and Registration Authority (NADRA) signed a memorandum of understanding in May 2017 to document unregistered Afghans in the country. The memorandum established 21 documentation centers in areas with high concentrations of unregistered Afghans. Under it, NADRA agreed to issue new identity cards, called Afghan citizen cards, over a period of six months. The Afghan citizen cards provided undocumented Afghans legal protection from arbitrary arrests, detention, or deportation under the Foreigners Act and allowed cardholders to stay in Pakistan for the duration of the cards’ validity. If cardholders leave the country, they relinquish their status. The period for Afghans to apply for Afghan citizen cards concluded at the end of January, after which only new births to existing holders of Afghan citizen cards were recorded. Any undocumented Afghans encountered in the country after the registration period were vulnerable to detention and deportation under the Foreigners Act.

STATELESS PERSONS

Statelessness continued to be a problem. There is no national legislation on statelessness, and the government does not recognize the existence of stateless persons. International and national agencies estimated there were possibly thousands of stateless persons as a result of the 1947 partition of India and Pakistan, and the 1971 partition of Pakistan and Bangladesh. In addition, UNHCR estimated there were 300,000 Rohingya living in the country, a large percentage of whom were believed to be stateless.

Palau

Executive Summary

Palau is a constitutional republic. Voters elect the president, vice president, and members of the legislature (House of Delegates) for four-year terms. In 2016 voters re-elected Tommy E. Remengesau, Jr. president for a four-year term in a generally free and fair election.

Civilian authorities maintained effective control over the security forces.

There were no reports of egregious human rights abuses.

The government took steps to prosecute officials who committed abuses, although it did not punish any officials for involvement in human trafficking offenses.

Section 2. Respect for Civil Liberties, Including:

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

The law provides for freedom of internal movement, foreign travel, emigration, and repatriation, and the government generally respected these rights. The government cooperated with the Office of the United Nations High Commissioner for Refugees 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.

PROTECTION OF REFUGEES

Access to Asylum: The law does not provide for granting asylum or refugee status, and the government has no established system for providing protection to refugees. The government provided some protection against the expulsion or return of refugees to countries where their lives or freedom would be threatened on account of their race, religion, nationality, membership in a particular social group, or political opinion.

Panama

Executive Summary

Panama is a multiparty constitutional democracy. In 2014 voters chose Juan Carlos Varela Rodriguez as president in national elections that international and domestic observers considered generally free and fair.

Civilian authorities maintained effective control over the security forces.

Human rights issues included undue restrictions on free expression, the press, and the internet, including censorship, site blocking, and criminal libel; and widespread corruption.

The Varela administration and the Public Ministry continued investigations into allegations of corruption against public officials.

Section 2. Respect for Civil Liberties, Including:

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

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

PROTECTION OF REFUGEES

Access to Asylum: The law provides for the granting of asylum or refugee status, and the government has established a system for providing protection to refugees. In January the Ministry of Government issued an executive decree to regulate the protection of refugees, abolishing the previous decree from 1998. The National Office for the Attention of Refugees (ONPAR) declared the reforms were positive and necessary. The decree increases the frequency of the approval board meetings and reduces wait times for final decisions through improved processing and the implementation of a computerized application process. International organizations and NGOs criticized the new decree because it did not include the Cartagena Declaration definition of refugee, nor did it provide applicants with work permits. The new decree also stipulates a six-month waiting period after entering the country before applying for refugee status, and it establishes a summary proceeding to deny refugees who have “manifestly unfounded claims” as determined by ONPAR. In August the government issued a resolution detailing which claims will be considered “manifestly unfounded.” NGOs believed this would further limit access to refugee status and leave more persons in need of international protection. The process of obtaining refugee status generally took one to two years, during which asylum seekers did not have the right to work and encountered difficulties accessing basic services.

In March the government and UNHCR signed a cooperation agreement to train border personnel in identification and referral of persons needing international protection. The government also signed two protocols for the protection of children who migrate: a protocol for identification, referral, and attention for minors requiring international protection, and an institutional protocol for protecting minors who migrate.

In June the government announced it would deport 70 Cuban migrants sheltered in Darien, on the border with Colombia, and in July the government reported that 37 Cubans were placed in the shelter located on the border with Costa Rica. The government continued to manage camps in the Darien region to provide food, shelter, and medical assistance to the migrants. The government reported continued migrations of persons from South Asia, India, and Africa.

According to UNHCR and its NGO implementing partners, thousands of persons living in the country might be in need of international protection. These included persons in the refugee process, persons denied refugee status, and persons who did not apply for refugee status due to lack of knowledge or fear of deportation.

Employment: Refugees recognized by authorities have the right to work, but recognized refugees complained that they faced discriminatory hiring practices. In an effort to prevent this discriminatory practice, ONPAR removed the word “refugee” from recognized refugees’ identification cards. By law individuals in the process of applying for asylum do not have the right to work.

All foreigners seeking a work contract must initiate the process through a lawyer and pay a government fee of 700 balboas to obtain a work permit that expires upon termination of the labor contract or after one year, whichever comes first.

Access to Basic Services: Education authorities sometimes denied refugees access to education and refused to issue diplomas to others if they could not present school records from their country of origin. The Ministry of Education continued to enforce the government’s 2015 decree requiring schools to accept students in the asylum process at the grade level commensurate with the applicants’ prior studies.

Durable Solutions: The law allows persons legally recognized as refugees or with asylum status who have lived in the country for more than three years to seek permanent residency.

STATELESS PERSONS

The government continued to work with Colombia to recognize approximately 200 stateless persons on the border. The governments of Panama and Costa Rica, with the cooperation of UNHCR, continued to use a mobile registry office on the border with Costa Rica to register indigenous Ngabe and Bugle seasonal workers who travel between Costa Rica and Panama and who had not registered their births in either country.

Papua New Guinea

Executive Summary

Papua New Guinea is a constitutional, federal, multiparty, parliamentary democracy. Parliamentary elections took place in 2017, and the People’s National Congress party won a majority in the 111-seat unicameral parliament, led by Prime Minister Peter O’Neill. In some parts of the country, electoral contests involved widespread violence, fraud, bribery, voter intimidation, and undue influence.

Civilian authorities at times did not maintain effective control over the security forces.

Human rights issues included unlawful or arbitrary killings by police; torture; government corruption; gender-based violence, including acts committed by police; trafficking in persons; the criminalization of same sex conduct between men, although the law was not enforced; and child labor.

The government frequently failed to prosecute or punish officials who committed abuses, whether in the security services or elsewhere in the government. Impunity was pervasive.

Section 2. Respect for Civil Liberties, Including:

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

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

Abuse of Migrants, Refugees, and Stateless Persons: Asylum seekers and refugees were sometimes subjected to abuse by security forces and the local population. In 2017 Australia’s Senate Standing Committees released findings from a seven-month inquiry into allegations of serious abuse in the detention center on Manus Island. The inquiry documented evidence that asylum seekers were exposed to physical violence, sexual assault, and medical neglect leading to death, and collected “indisputable” evidence of correspondingly widespread mental health problems that led to self-harm.

In May Rohingya refugee Salim Kyawning died in an apparent suicide after he jumped from a moving bus in Lorengau on Manus Island. Two refugee men also died from suspected suicides in 2017. Human rights groups alleged that these men all suffered from mental illness, exacerbated by frequent clashes with local police, and that their lives could have been saved had they received proper mental health services. In June a fact-finding mission from the UNHCR observed high levels of anxiety and depression among the refugees, and a lack of psychiatric support.

In February PNGDF personnel assaulted three asylum seekers, injuring all three. Tensions between detainees and local police, soldiers, and residents remained high.

INTERNALLY DISPLACED PERSONS (IDPS)

Natural disasters, including a 7.5 magnitude earthquake in February and volcanic eruptions, caused most displacements, while tribal violence, ethnic clashes, and land disputes were responsible for approximately one-third. Displacement was generally protracted, with families living in temporary situations for more than one year on average. These populations were vulnerable because they lacked access to land, basic services, and protection. Women and children were especially susceptible to abuse. The government had no policy or legislation to address the needs of IDPs, and host communities often reacted with violence to displaced populations.

PROTECTION OF REFUGEES

Access to Asylum: While the law does not formally provide for the granting of asylum or refugee status, legislation provides a refugee status determination process. The law allowed persons from the Indonesian’s Papua Province (formerly Irian Jaya) to apply for Papua New Guinea citizenship without having to pay the usual fee.

The government maintains two agreements with Australia on refugees. The first allows Australia to send asylum seekers to Manus Island (see sections 1.d. and 2.d., Abuse of Migrants, Refugees, and Stateless Persons) for processing only. The second allows asylum seekers to resettle in Papua New Guinea. International organizations, NGOs, and civil society groups in the country raised questions about the constitutionality of the latter agreement.

In 2017 Australian authorities closed the Manus Island RPC and moved refugees to the East Lorengau Refugee Transit Center. As of October the transit center held approximately 400 refugees.

Australian Immigration and Border Protection and UNHCR trained the Immigration and Citizenship Service Authority (ICSA) on how to make refugee status determinations. ICSA officers are responsible for processing refugee claims by those on Manus Island. As of October, 403 persons were determined to be genuine refugees, 124 had their claims denied, and another 598 had accepted the voluntary departure package, which in some cases included as much as $25,000 in cash offered by Australian and Papua New Guinea authorities. The remainder were either deported, sent to Australia for medical treatment, settled in Papua New Guinea or the United States, or had died.

ICSA worked with the support of international organizations and NGOs to provide training, job matching, and temporary financial support to help refugees establish themselves in the country. Resettlement efforts were problematic, however, because several refugees who tried to resettle in the country became victims of crime.

Durable Solutions: The national refugee policy provides a way for Indonesian Papuans to apply for Papua New Guinean citizenship without having to pay the PGK 10,000 ($3,000) citizenship fee. ICSA estimated that between 10,000 and 15,000 Indonesian Papuans lived in Papua New Guinea. Under the policy 1,259 Indonesian Papuans received citizenship certificates in 2017, and during the year through October, another 115 received citizenship.

Temporary Protection: The government provided temporary protection to persons from Papua who may not qualify as refugees. Approximately 3,000 persons, classified by the government as “border crossers,” lived in villages adjacent to the border with Indonesia, and approximately 2,400 lived in urban areas, including Port Moresby.

Paraguay

Executive Summary

Paraguay is a multiparty, constitutional republic. In April, Mario Abdo Benitez of the Colorado Party, also known as the National Republican Association (ANR), won the presidency in elections recognized as free and fair. Legislative elections took place at the same time.

Civilian authorities at times did not maintain effective control over the security forces. Critics asserted the government did not deploy or monitor forces effectively, particularly in the northeastern section of the country.

Human rights issues included reports of torture by government officials; harsh and at times life-threatening prison conditions; arbitrary arrest and detention; corruption of prosecutors and judges, and police involvement in criminal activities; violent intimidation of journalists by organized crime groups and government officials; legal impunity and widespread corruption in all branches and all levels of government; widespread and sometimes lethal violence against women and indigenous persons, despite government efforts to curtail such acts, as well as police violence against lesbian, gay, bisexual, transgender, and intersex (LGBTI) persons; and child labor, particularly in domestic service and informal agricultural sectors.

The executive branch took steps to prosecute and punish low- and mid-ranked officials who committed abuses, but general impunity for officials in the police and security forces continued to be widely reported.

Section 2. Respect for Civil Liberties, Including:

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

The law provides for freedom of internal movement, foreign travel, emigration, and repatriation and the government generally respected these rights. The government’s National Commission of Refugees cooperated with the Office of the UN High Commissioner for Refugees (UNHCR) and other humanitarian organizations in providing protection and assistance to internally displaced persons, refugees, returning refugees, asylum seekers, stateless persons, and other persons of concern. The NGO Committee of Churches for Emergency Aid acted as the local legal representative of UNHCR.

PROTECTION OF REFUGEES

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

Durable Solutions: Authorities permitted persons whose asylum or refugee status cases were refused to seek other migration options, including obtaining legal permanent residency in the country or returning to the most recent point of embarkation. The government did not assist in the safe, voluntary return of refugees to their homes but rather relied on UNHCR assistance to facilitate such returns.

Peru

Executive Summary

Peru is a constitutional, multiparty republic. Pursuant to the constitution, in March First Vice President Martin Vizcarra assumed the presidency following the resignation of Pedro Pablo Kuczynski. Kuczynski, leader of the Peruanos Por el Kambio (Peruvians for Change) party, had won the 2016 national elections in a vote widely considered free and fair.

Civilian authorities generally maintained effective control over the security forces.

Human rights issues included isolated cases of torture; government corruption, including in the judiciary; violence against women and girls; and forced labor (human trafficking) at illegal gold mining sites.

The government took steps to investigate and in some cases prosecute or otherwise punish public officials accused of abuses.

Section 2. Respect for Civil Liberties, Including:

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

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

In-country Movement: The government maintained an emergency zone in the VRAEM and parts of four regions, where it restricted freedom of movement in an effort to maintain public peace and restore internal order.

Narcotics traffickers and Shining Path members at times interrupted the free movement of persons by establishing roadblocks in sections of the VRAEM emergency zone. Individuals protesting against extractive industry projects also occasionally established roadblocks throughout the country.

INTERNALLY DISPLACED PERSONS (IDPS)

The situation of former IDPs was difficult to assess. According to UNHCR, the number of IDPs was unknown, since officials registered relatively few.

The governmental Reparations Council continued to assist victims of the 1980-2000 internal conflict with the Shining Path and the Tupac Amaru Revolutionary Movement terrorist groups. The Quechua and other Andean indigenous populations were disproportionately represented among IDPs, since the conflict took place primarily within the Andean region. The council continued to compile a registry of victims and identify communities eligible for reparations. Some victims and family members lacking proper identity documents experienced difficulties registering for reparations.

PROTECTION OF REFUGEES

The government, UNHCR, IOM, and civil society organizations estimated nearly 100,000 foreigners, mostly Venezuelans, resided in the country under irregular circumstances. The number of Venezuelans entering the country continued to increase, reaching more than 600,000 as of November, from fewer than 5,000 in 2015. The government created temporary residence permits for Venezuelans, enabling them to reside and work in the country legally. The government had granted temporary residence permits to approximately 92,000 Venezuelans who entered between February 2017 and September 2018. Local authorities reported approximately 694,000 Venezuelans entered from Ecuador between January and October. Of these Venezuelan entrants, 71 percent declared (over 491,000) their final destination was Peru and the remainder (over 202,000) departed for Chile, Argentina, and Uruguay.

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 UNHCR and recognized the Catholic Migration Commission as the official provider of technical assistance to refugees. The commission also advised citizens claiming a fear of persecution who sought asylum. The government provided protection to refugees on a renewable, year-to-year basis, in accordance with commission recommendations. Asylum requests continued to grow, from approximately 400 cases in 2015 to more than 130,000 as of September. Approximately 97 percent of the asylum requests during the year came from Venezuelan citizens.

Durable Solutions: The government does not have a resettlement program, but it received persons recognized as refugees in other nations and provided some administrative support toward their integration. UNHCR provided such refugees humanitarian and emergency aid, legal assistance, documentation, and, in exceptional cases, voluntary return and family reunification.

Temporary Protection: As of September, the government provided temporary protection to more than 130,000 individuals awaiting a decision on their refugee status. The government provided these individuals temporary residence permits and authorization to work.

Philippines

Executive Summary

The Philippines is a multi-party, constitutional republic with a bicameral legislature. President Rodrigo Roa Duterte, elected in May 2016, began his constitutionally limited six-year term in June 2016. The 2016 presidential election was generally seen as free and fair. Barangay (village) and youth council elections originally scheduled for 2016 were twice postponed but ultimately held in May. These, too, were generally free and fair, although there were reports of violence and vote buying.

Civilian control over the Philippine National Police (PNP) continued to improve but was not fully effective.

Extrajudicial killings have been the chief human rights concern in the country for many years and, after a sharp rise with the onset of the antidrug campaign in 2016, they continued in the reporting year, albeit at a lower level. From January to September 29, media chronicled 673 deaths in police operations suspected to be connected with the government’s antidrug campaign. The PNP Internal Affairs Service (IAS) is required to investigate all deaths or injuries committed in the conduct of a police operation. IAS claimed it began investigations of all reported extrajudicial killings. There were no reports that civilian control over other security forces was inadequate.

Human rights issues included unlawful or arbitrary killings by security forces, vigilantes, and others allegedly connected to the government, and by insurgents; forced disappearance; torture; arbitrary detention; harsh and life-threatening prison conditions; political prisoners; arbitrary or unlawful interference with privacy; criminal libel; killings of and threats against journalists; official corruption and abuse of power; and the use of forced and child labor.

The government investigated a limited number of reported human rights abuses, including abuses by its own forces, paramilitaries, and insurgent and terrorist groups. Concerns about police impunity increased significantly following the sharp increase in killings by police in 2016. President Duterte publicly rejected criticism of alleged police killings, but said authorities would investigate any actions taken outside the rule of law. Significant concerns persisted about impunity of civilian national and local government officials and powerful business and commercial figures. Slow judicial processes remained an obstacle to bringing government officials allegedly involved in human rights abuses to justice.

Muslim separatists, communist insurgents, and terrorist groups continued to attack government security forces and civilians, causing displacement of civilians and resulting in the deaths of security force members and civilians. Terrorist organizations engaged in kidnappings for ransom, bombings of civilian targets, beheadings, and the use of child soldiers in combat or auxiliary roles. The government called off negotiations with the National Democratic Front of the Philippines, the political arm of the communist New People’s Army, in June, but continued to explore ways to resume talks.

Section 2. Respect for Civil Liberties, Including:

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

The constitution provides for freedom of internal movement, foreign travel, emigration, and repatriation, and the government generally respected these rights. The government cooperated with the Office of the United Nations High Commissioner for Refugees (UNHCR) and other humanitarian organizations in providing protection and assistance to internally displaced persons, refugees, returning refugees, asylum seekers, stateless persons, and other persons of concern. There were no reports the government exerted pressure or threatened refugees to return to the country from which they had fled.

Foreign Travel: Government limits on foreign travel were generally based on security or personal safety factors, such as when a citizen had a pending court case, or to discourage travel by vulnerable workers to countries where they could face personal security risks, including trafficking or other exploitation. The Philippine Overseas Employment Administration manages departures for work abroad. It requires overseas workers to register and receive predeparture screening, training, and certification before traveling, and is intended to ensure that future overseas workers deal with legitimate, licensed recruitment agencies.

INTERNALLY DISPLACED PERSONS (IDPS)

Decades of sectarian and political insurgency, sporadic interclan fighting, and natural disasters have generated significant internal displacement. The number of IDPs was uncertain and fluctuated widely. Counterinsurgency campaigns against the ASG, primarily in Sulu and Basilan Provinces, and clashes with the NPA, concentrated in the most geographically remote provinces, caused sporadic and small-scale displacement. Most IDPs were women and children.

In Mindanao, UNHCR reported that as of June an estimated 143,033 persons were displaced and in need of durable solutions. Of those, an estimated 98,433 were displaced by crime or violence, 36,617 by armed conflict, and 7,983 by natural disasters.

Government agencies, often with support from UN agencies and other international donors, provided food (although NGOs noted that food aid was sometimes delayed); constructed shelters and public infrastructure; repaired schools; built sanitation facilities; offered immunization, health, and social services; and provided cash assistance and skills training for IDPs. The government permitted humanitarian organizations access to IDP sites. Security forces sometimes carried out military operations near IDP sites, increasing the risk of casualties and damage, and restricting freedom of movement. Impoverished IDPs were highly susceptible to human trafficking networks. Additionally, despite a government policy of free public education, significant numbers of children in displaced families were unable to attend school because of unofficial school fees and transportation expenses.

At times the government encouraged IDPs to return home, but they were often reluctant to do so for security or welfare reasons.

PROTECTION OF REFUGEES

Access to Asylum: No comprehensive legislation provides for granting refugee status or asylum. The Department of Justice’s Refugee and Stateless Persons Protections Unit (RSPPU) determines which applicants qualify as refugees in accordance with an established, accessible system that appeared to provide basic due process. From January to July, the RSPPU received 129 asylum applications, and granted 20. The RSPPU reported 493 refugees in the country as of July 31; 11 refugees transited under the Emergency Transit Mechanism according to UNHCR.

Safe Country of Origin/Transit: The government cooperated with UNHCR and other humanitarian organizations to assist refugee transit through the country pursuant to a Department of Foreign Affairs-UNHCR memorandum of agreement.

Employment: The government allowed refugees to work (see section 7.d.).

Access to Basic Services: In 2017, 16 agencies signed the Inter-Agency Agreement on the Protection of Asylum Seekers, Refugees, and Stateless Persons, which commits them to provide government services, including education and health care, to affected persons.

STATELESS PERSONS

The Department of Justice is responsible for statelessness determinations of persons born in the country and of newly arrived persons. According to revised rules, after an applicant files for a determination of statelessness, deportation or exclusion proceedings against the applicant and dependents are suspended, and the applicant may be released from detention. As of July, five stateless persons were in the country. None were classified as refugees.

Stateless persons may be naturalized. As of August there were no known cases of social discrimination against stateless persons or limits on their access to public services.

As of August under a 2014 initiative to register persons of Indonesian descent at risk of statelessness in Southern Mindanao, the Philippine and Indonesian governments collectively registered 8,745 persons, of whom 6,744 had their citizenship confirmed. The Philippine and Indonesian governments jointly reaffirmed the provision of consular assistance to both documented and undocumented migrants of Indonesian descent.

Poland

Executive Summary

Poland is a republic with a multiparty democracy. The bicameral parliament consists of an upper house, the senate (Senat), and a lower house (Sejm). The president and the Council of Ministers headed by the prime minister share executive power. Observers considered the October 21 nationwide regional and local elections free and fair.

Civilian authorities maintained effective control over the security forces.

Human rights issues included criminal defamation penalties and violence targeting members of ethnic minorities.

The government took steps to investigate, prosecute, and punish officials who committed human rights abuses.

Section 2. Respect for Civil Liberties, Including:

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

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

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 age 15 in guarded centers. Border guards typically sought in this way to confine foreigners who attempted to cross the border illegally, lacked identity documents, or committed a crime during their stay in the country.

On April 10, the European Court of Human Rights (ECHR) ruled the country violated the European Convention on Human Rights by placing a Chechen family with small children in a guarded detention center for six months. The ECHR also ruled that the country unnecessarily violated without sufficient justification the family’s right to respect of private and family life.

Abuse of Migrants, Refugees, and Stateless Persons: In addition to the 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. Some incidents of gender-based violence 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.

PROTECTION OF REFUGEES

Refoulement: On September 3, Amnesty International (AI) published a statement asserting that, on August 31, the Polish government unlawfully deported Azamat Baduyev, a Russian national granted asylum in Poland in 2007, to Russia. Baduyev had spent several years in Belgium before his deportation from there to Poland in 2017. After his deportation from Poland to Russia, AI reported that, according to eyewitnesses, on September 1, several dozen armed men wearing FSB and Ministry of Interior insignia took Baduyev from the house in Chechnya where he was staying to an unknown location with no explanation. In the statement, AI claimed that “by returning Azamat Baduyev to a country where his life and safety is at risk, the Polish government was clearly in breach of its international obligations.”

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 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.

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 gain the right to 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 241 individuals who may not qualify as refugees during the first 10 months of the year.

STATELESS PERSONS

According to UNHCR, there were 10,825 stateless persons in the country at the end of 2014, the most recent figures available.

The law affords the opportunity to gain nationality. The Halina Niec Legal Aid Center observed in its 2016 report on statelessness, however, that the government did not implement a formal procedure of identifying stateless persons, leading to protection gaps and exposing stateless persons to many negative consequences, including detention. In June a Helsinki Human Rights Foundation lawyer reported that the government had not implemented any specific procedures to facilitate the legalization of stateless persons in the country, resulting in difficulties in travel and personal transactions requiring identity documents.

UNHCR occasionally received complaints from stateless persons regarding problems with employment, mainly involving the lack of identity documents, which discouraged employers from offering employment to stateless persons.

Portugal

Executive Summary

Portugal, which includes the archipelagos of the Azores and Madeira, is a constitutional semipresidential representative democracy with a president, prime minister, and parliament elected in multiparty elections. Observers considered presidential elections in 2016 and local government elections in 2017 free and fair.

Civilian authorities maintained effective control over the security forces.

There were no reports of egregious human rights abuses during the year.

The government investigated, prosecuted, and punished officials who committed human rights abuses.

Section 2. Respect for Civil Liberties, Including:

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

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

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 appealed a negative decision, they could remain in detention for up to 60 days, and no alternatives existed. According to the Portuguese Refugee Council, the reception center for refugees in Lisbon remained overcrowded.

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.

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: 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 on Portuguese territory.

Temporary Protection: The government also provided temporary protection to individuals who may not qualify as refugees and provided subsidiary protection to approximately 136 persons in 2017, according to the Portuguese Refugee Council.

Qatar

Executive Summary

Qatar is a constitutional monarchy in which Amir Sheikh Tamim bin Hamad Al Thani exercises full executive power. The constitution provides for hereditary rule by men in the Amir’s branch of the Al Thani family. The most recent elections were in 2015 for the Central Municipal Council, an advisory and consultative body. Observers considered these elections free and fair. All cabinet members are appointed by the Amir, including the prime minister.

Civilian authorities maintained effective control over security forces.

Human rights issues included criminalization of libel; restrictions on peaceful assembly and freedom of association, including prohibitions on political parties and labor unions; restrictions on the freedom of movement for migrant workers’ travel abroad; limits on the ability of citizens to choose their government in free and fair elections; and criminalization of consensual same-sex sexual activity. There were reports of forced labor that the government took steps to address.

The government took limited steps to prosecute those suspected of committing human rights abuses.

Section 2. Respect for Civil Liberties, Including:

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

The constitution provides for freedom of movement within the country, foreign travel, emigration, and repatriation, but the government did not fully respect these rights. The government cooperated with the Office of the UN High Commissioner for Refugees to assist internally displaced persons, refugees, returning refugees, asylum seekers, stateless persons, and other persons of concern.

In-country Movement: Restrictions on in-country movement for citizens concerned sensitive military, oil, and industrial installations. Although there was less emphasis on setting and enforcing “family-only” times at entertainment areas in Doha, several local malls and markets continued to restrict access to certain areas to foreign workers on weekends and those dressed “immodestly.”

Foreign Travel: The government prevented the travel of its citizens only when they were involved in court cases in progress. In September new legislation abolished the exit requirements for 95 percent of the workforce in the private sector, with some exceptions including domestic workers. Government employees are also not exempted. Employers may still request exit permits for up to 5 percent of their workforce but must provide an explanation to the government for why they believe any employee should retain an exit permit restriction, such as access to sensitive information.

The law prohibits the practice of employers withholding workers’ passports and increases penalties for employers who continue to do so, but noncitizen community leaders and officials from labor-exporting countries confirmed it remained a common problem with insufficient enforcement.

Citizenship: The law allows for the revocation of citizenship. In September representatives from the Al-Ghufran tribe submitted a complaint to the Office of the High Commissioner of Human Rights, accusing the government of arbitrarily revoking the citizenship of 6,000 members of the tribe. Representatives from the government and the NHRC acknowledged that the citizenship of some of the tribe’s members was previously revoked but stated that revocations were only for dual-citizens, which the country does not recognize, and denied any new revocations during the year.

PROTECTION OF REFUGEES

Access to Asylum: In September the government passed legislation to grant political asylum status to asylum seekers. The new law stipulates the creation of a specialized committee within the Ministry of Interior to handle requests from asylum seekers. Once granted political asylum, the individual and his or her family have access to a range of free services provided by the government, including travel documents, jobs, monthly allowances, medical and educational services, and housing. Previously, the government accepted such individuals as “guests” on a temporary basis. The government legally classified the small number of persons granted residence on humanitarian grounds as visitors. The government provided housing and education to these de facto refugees. The Syrian Opposition Coalition office in Doha reported approximately 60,000 Syrians were living in Doha of which roughly 20,000 came to Doha after the start of the civil war and have been granted repeated extensions to their residency status to allow them to remain in country.

STATELESS PERSONS

Citizenship derives solely from the father, and women cannot transmit citizenship to their noncitizen spouse or children. A woman must obtain permission from authorities before marrying a foreign national but does not lose citizenship upon marriage.

The law allows long-term residents to apply for citizenship after living in the country for 25 consecutive years, but the government rarely approved citizenship applications, which were by law capped at 50 per year. Restrictions and inconsistent application of the law prevented stateless persons from acquiring citizenship. In September the government passed a new law to regulate granting permanent residencies to some categories of non-Qataris. The law caps the number of new permanent residents to 100 per year. The intended beneficiaries of the new law are the children of Qatari women with non-Qatari fathers, husbands of Qatari women, and individuals with special skills or who offered remarkable services to the country.

The NHRC estimated that during the year there remained between 1,000 and 2,000 Bidoon, stateless residents in the country, and that they suffered some social discrimination. The Bidoon, who are afforded residency with the sponsorship of a Qatari resident, were able to register for public services such as education and health care. Bidoon, however, are unable to own property in the country and cannot travel freely to other Gulf Cooperation Council countries.

Permanent residents have the right to own property, open businesses without Qatari partners, and receive free education and health services.

Romania

Executive Summary

Romania is a constitutional republic with a democratic, multiparty parliamentary system. The bicameral parliament consists of the Senate and the Chamber of Deputies, both elected by popular vote. The country held parliamentary elections in 2016 that observers generally considered to be free and fair and without irregularities. In 2014 the country held presidential elections in which electoral observers noted irregularities, including insufficient polling stations for the large diaspora community.

Civilian authorities maintained effective control over the security forces.

Human rights issues included endemic official corruption and police violence against the Roma.

The judiciary took steps to prosecute and punish officials who committed abuses, but authorities delayed proceedings involving alleged police abuse. The result was that many of the cases ended in acquittals.

Section 2. Respect for Civil Liberties, Including:

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

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

The government cooperated with the Office of the UN High Commissioner for Refugees (UNHCR) and other humanitarian organizations in providing protection and assistance to refugees, asylum seekers, stateless persons, and other persons of concern, which could include irregular migrants potentially in need of international protection.

Abuse of Migrants, Refugees, and Stateless Persons: According to UNHCR, several incidents of harassment and crimes against refugees and migrants were reported throughout the year in Bucharest and other parts of the country, although many incidents were not reported because of fear, lack of information, inadequate support services, and inefficient redress mechanisms. Authorities consistently declined to investigate incidents of this kind as hate crimes.

In-country Movement: The internal movement of beneficiaries of international protection and stateless persons was generally not restricted. Asylum seekers may be subject to measures limiting their freedom of movement and to detention in specific circumstances. The law and implementing regulations provide that the General Inspectorate for Immigration may designate a specific place of residence for an applicant for asylum while authorities determine his or her eligibility or may take restrictive measures, subject to approval by the prosecutor’s office, that amount to administrative detention in “specially arranged closed areas.” According to UNHCR, as of September no cases of asylum detention were recorded during the year. Applicants who do not qualify for asylum were treated as aliens without a right to stay in the country who may be taken into custody pending deportation. According to the law, those applying for asylum while in public custody were released from detention if granted access to the ordinary procedure. Detention in public custody centers is subject to regular review and should not exceed six months unless there are specific circumstances, in which case detention may be extended for up to 18 months. Applicants for or beneficiaries of international protection in certain circumstances, particularly those declared “undesirable” for reasons of national security, may be subject to administrative detention in public custody centers.

The government may grant “tolerated status” to persons who do not meet the requirements for refugee status or subsidiary protection, but who cannot be returned for various reasons. These reasons include cases where stateless persons are not accepted by their former country of habitual residence or where the lives or well-being of returnees could be at risk. Persons with “tolerated status” have the right to work but not to benefit from any other social protection or inclusion provisions, and the government restricted their freedom of movement to a specific region of the country. According to UNHCR, 244 persons were holders of “tolerated status” as of January, of whom 141 had been granted “toleration” as an alternative to detention or following prolonged detention.

PROTECTION OF REFUGEES

Refoulement: The law establishes exceptions to the principle of nonrefoulement and the withdrawal of the right to stay following a declaration of a person as “undesirable.” This may occur, for example, when classified information or “well founded indications” suggest that aliens (including stateless persons), applicants for asylum, or persons granted asylum intend to commit terrorist acts or favor terrorism. Applicants for protection declared “undesirable” on national security grounds were taken into custody pending the finalization of their asylum procedure and then deported. According to the Ministry of Foreign Affairs, as of the end of November, 390 persons had been subjected to refoulement.

Access to Asylum: The law provides access to asylum procedures to foreign nationals and stateless persons who express their desire for protection, which may be in the form of refugee status or temporary “subsidiary protection” status. The asylum law prohibits the expulsion, extradition, or forced return of any asylum seeker at the country’s border or from within the country’s territory, but this was not without exception, particularly in cases that fell under the country’s national security and terrorism laws.

UNHCR reported several allegations of denial of access to the country, pushbacks, and deviations from asylum procedures at border areas.

Safe Country of Origin/Transit: The law provides for the concept of safe countries of origin. This normally referred to EU member states but could also include other countries approved by the Internal Affairs Ministry at the recommendation of the General Inspectorate for Immigration. Procedurally, the government would normally reject applications for asylum by persons who had arrived from a safe country under accelerated procedures, except in cases where the factual situation or evidence presented by the applicant shows the existence of a well-founded fear of persecution. Between January and August, one asylum application by an EU national was rejected at the administrative level of the asylum procedure; no information regarding the legal basis for the rejection was available.

The law also refers to the concept of a safe third country. The law extends to irregular migrants who transited and were offered protection in a third country considered safe or who had the opportunity at the border or on the soil of a safe third country to contact authorities for the purpose of obtaining protection. In such cases authorities could deny access to asylum procedures if the designated safe third country agreed to readmit the applicant to its territory and grant access to asylum procedures.

Freedom of Movement: The law incorporates four “restrictive” measures under which the internal movement of applicants for asylum may be limited. The first two establish an obligation to report regularly to the General Inspectorate for Immigration or to reside at a regional reception center. A third restrictive measure allows authorities to place applicants in “specially arranged closed areas” for a maximum of 60 days, either to access the asylum procedure or if the asylum seeker is deemed to pose a danger to national security. There was no case of an asylum applicant being placed in a specially arranged closed area through September. Authorities may also place asylum applicants in administrative detention in a public custody center if they are subject to a transfer to another EU member state under the Dublin Regulations or if they have been declared “undesirable” for reasons of national security, pending their removal from the country.

Under provisions of the law to limit “abuse to the asylum procedure,” irregular migrants who submitted their first application for international protection while in custody were released from detention only if granted access to the ordinary asylum application procedure. The provisions raised concerns among UN agencies and civil society due to the ambiguity in the phrases “abuse of the asylum procedure” and “risk of absconding.”

The period of detention in a public custody center could be prolonged up to a maximum of 18 months.

Employment: Asylum seekers have the right to work starting three months after they submit their first asylum application, if the process was not completed. This period begins again if the applicant obtains access to a new asylum procedure. Even when granted permission to work, many asylum seekers faced problems finding legal work, mainly due to the limited validity of their identification documents and lack of awareness among potential employers of their right to work.

While persons granted protection have the legal right to work, job scarcity, low wages, lack of language proficiency, and lack of recognized academic degrees and other certifications often resulted in unemployment or employment without a legal contract and its related benefits and protections.

Access to Basic Services: Effective access by persons with refugee status or subsidiary protection to education, housing, lifelong learning and employment, public health care, and social security varied across the country, depending on the level of awareness of various public and private actors responsible for ensuring access to these services.

The government provides asylum seekers 16 lei ($4) per day in financial assistance, with slightly increased allowances for vulnerable persons. The allowance was low relative to the local cost of living, and persons with special needs or vulnerabilities were particularly affected. Supplementary financial support was provided under EU-sponsored projects, but timing gaps between these projects restricted funding availability. Applicants for asylum had limited options for meaningful activities, such as language classes, cultural orientation, and skills training. Romanian language classes were no longer available for adults. State-provided social, psychological, and medical assistance for asylum applicants remained insufficient, with many dependent on NGO-implemented projects for such help. Proper identification and assistance for victims of trauma and torture was lacking.

Durable Solutions: According to UNHCR, the country had become a resettlement country, having agreed to resettle small quotas of refugees every year. For 2018-19, the quota pledged by the government was 109 Syrian refugees, to be resettled from Turkey (69) and Jordan (40) with UNHCR and IOM support. As of September no arrivals had been recorded.

UNHCR reported that, as of August, 4,072 persons benefiting from any of several forms of legal protection were residing in the country. By the end of August, 1,406 persons had submitted new or repeat asylum applications.

Beneficiaries of international protection continued to face problems with local integration, including access to vocational training adapted to their specific needs, counseling programs, and naturalization. According to UNHCR, no municipality provided targeted support services or targeted integration and inclusion programs to refugees. Access to education was problematic, and several school inspectorates refused to organize Romanian language classes. According to several reports, schools across the country, including in large cities such as Bucharest or Timisoara, refused to enroll refugee children in school for several months. Obtaining a legal work contract remained difficult for various reasons, including tax concerns and the reluctance of employers to hire refugees. Recipients of subsidiary protection complained of problems regarding their freedom of movement to other countries due to the additional visa requirements. UNHCR reported that refugees saw citizenship acquisition as a cumbersome, costly, and difficult process, with some requirements, particularly related to the applicant’s financial situation, that were difficult to meet.

Temporary Protection: The government did not grant temporary protection to any individuals during the year.

STATELESS PERSONS

According to UNHCR, as of August there were 337 stateless persons with valid residence documents in the country. These included legal residents under the aliens’ regime, stateless persons of Romanian origin, as well as 120 persons granted some form of international protection. Data on stateless persons, including on persons at risk of statelessness and persons of undetermined nationality, were not reliable due to the absence of a procedure to determine statelessness, the absence of a single designated authority responsible for this purpose, and the lack of adequate identification and registration of persons with unknown or undetermined nationality.

The law includes favorable provisions for stateless persons of Romanian origin to reacquire citizenship. Nevertheless, a significant gap persisted due to the lack of safeguards against statelessness for children born in the country, who would be stateless because their parents either were themselves stateless or were foreigners unable to transmit their nationality.

Russia

Executive Summary

The Russian Federation has a highly centralized, authoritarian political system dominated by President Vladimir Putin. The bicameral Federal Assembly consists of a directly elected lower house (State Duma) and an appointed upper house (Federation Council), both of which lack independence from the executive. The March 18 presidential election and the 2016 State Duma elections were marked by accusations of government interference and manipulation of the electoral process, including the exclusion of meaningful opposition candidates.

Except in rare cases, security forces generally reported to civilian authorities. National-level civilian authorities, however, had, at best, limited control over security forces in the Republic of Chechnya, which were accountable only to the head of Chechnya, Ramzan Kadyrov.

The country’s occupation and purported “annexation” of Ukraine’s Crimean Peninsula continued to affect the human rights situation there significantly and negatively. The Russian government continued to arm, train, lead, and fight alongside forces in eastern Ukraine. Credible observers attributed thousands of civilian deaths and injuries, as well as numerous abuses, to Russian-led forces in Ukraine’s Donbas region (see the Country Reports on Human Rights for Ukraine). Authorities also conducted politically motivated arrests, detentions, and trials of Ukrainian citizens in Russia, many of whom claimed to have been tortured.

Human rights issues included extrajudicial killings, including of lesbian, gay, bisexual, transgender, and intersex (LGBTI) persons in Chechnya by local government authorities; enforced disappearances by government authorities; pervasive torture by government law enforcement personnel that sometimes resulted in death and sometimes involved punitive psychiatric incarceration; harsh and life-threatening conditions in prisons; arbitrary or unjust arrest and detention; political prisoners; severe arbitrary interference with privacy; severe suppression of freedom of expression and media, including the use of “antiextremism” and other laws to prosecute peaceful dissent; violence against journalists; blocking and filtering of internet content and banning of online anonymity; severe suppression of the right of peaceful assembly; increasingly severe suppression of freedom of association, including overly restrictive laws on “foreign agents” and “undesirable foreign organizations;” severe restrictions on religious freedom; undue restrictions on freedom of movement of those charged with political offenses; credible reports of refoulement; severe limits on participation in the political process, including restrictions on opposition candidates’ ability to seek public office and conduct political campaigns, and on the ability of civil society to monitor election processes; widespread corruption at all levels and in all branches of government; trafficking in persons; government decriminalization of domestic abuse, which created an atmosphere of impunity for domestic violence against women; and crimes involving violence or threats of violence against LGBTI persons and members of ethnic minorities.

The government failed to take adequate steps to prosecute or punish most officials who committed abuses, resulting in a climate of impunity.

Section 2. Respect for Civil Liberties, Including:

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

The law provides for freedom of internal movement, foreign travel, emigration, and repatriation, but in some cases, authorities restricted internal movement, foreign travel, and repatriation.

The Office of the UN High Commissioner for Refugees (UNHCR) reported it had a working relationship with the government on asylum and refugee problems. NGOs reported, however, that the government failed to provide protection and assistance to internally displaced persons, refugees, returning refugees, asylum seekers, stateless persons, or other persons of concern. In one case NGOs reported that 102,944 refugees remained in the country, including 101,019 Ukrainians, of whom nearly 2,000 struggled to maintain legal status. The government considered Ukrainian asylum seekers to be separate from asylum seekers from other countries, such as Afghanistan, Georgia, Syria, and Yemen. According to NGOs, two Syrian refugees and 150 Ukrainian refugees received citizenship in during the year. In some cases temporary asylum holders who received refugee status from third countries were not granted exit visas or allowed to depart the country.

Abuse of Migrants, Refugees, and Stateless Persons: NGOs reported that police detained, fined, and threatened with deportation migrants, refugees, and stateless persons. NGOs also reported racially motivated assaults by civilians.

In-country Movement: Although the law gives citizens the right to choose their place of residence, adult citizens must carry government-issued internal passports while traveling domestically and must register with local authorities after arriving at a new location. To have their files transferred, persons with official refugee or asylum status must notify the Ministry of Internal Affairs in advance of relocating to a district other than the one that originally granted them status. Authorities often refused to provide government services to individuals without internal passports or proper registration, and many regional governments continued to restrict this right through residential registration rules.

Authorities imposed travel restrictions on individuals facing prosecution for political purposes.

Foreign Travel: The law provides for freedom to travel abroad, but the government restricted this right for certain groups.

The law on procedures for departing from and entering the country stipulates that a person who violates a court decision does not have a right to leave the country. A court may prohibit a person from leaving the country for failure to satisfy debts; if the individual is suspected, accused, or convicted of a crime; or if the individual had access to classified material. The law allows for the temporary restriction of a bankrupt citizen’s right to leave the country. Authorities imposed travel restrictions on individuals facing prosecution for political purposes. For example, the government temporarily stopped opposition leader Navalny from leaving the country to attend an ECHR hearing on November 13 because he had an outstanding debt from embezzlement charges that most observers considered politically motivated. He was permitted to leave the country the following day.

According to press reports, since 2014 the government restricted the foreign travel of approximately five million of its employees. This included employees of the Prosecutor General’s Office, the Ministry of Internal Affairs, the Ministry of Defense, the Federal Prison Service, the Federal Drug Control Service, the Federal Bailiff Service, the General Administration for Migration Issues, and the Ministry of Emergency Situations.

INTERNALLY DISPLACED PERSONS (IDPS)

In 2017 the Internal Displacement Monitoring Center (IDMC) estimated the country was home to 19,000 internally displaced persons, down from 22,600 in 2016. Of the 19,000 IDPs, the IDMC asserted that 5,900 were new displacements. According to the government’s official statistics, the number of forced migrants decreased from 25,359 in the beginning of 2016 to 19,327 in January 2017. The government indicated that the majority of forced migrants came from former USSR republics, namely Georgia, Kazakhstan, and Uzbekistan, with between 3,500 and 4,000 persons displaced due to the first Chechen conflict in 1995-96.

PROTECTION OF REFUGEES

Refoulement: The government provided some protection against the expulsion or return of persons to countries where their lives or freedom would be threatened on account of their race, religion, nationality, membership in a particular social group, or political opinion. The responsible agency, the Main Directorate for Migration Affairs of the Ministry of Internal Affairs (GAMI), did not maintain a presence at airports or other border points and did not adequately publicize that asylum seekers could request access to the agency. Asylum seekers had to rely on the goodwill of border guards and airline personnel to call immigration officials. Otherwise, they faced immediate deportation to neighboring countries or return to their countries of origin, including in some cases to countries where they may have had reasonable grounds to fear persecution. There were no known statistics on the number of persons subjected to such actions.

Human rights groups continued to allege that authorities made improper use of international agreements that permit them to detain, and possibly repatriate, persons with outstanding arrest warrants from other former Soviet states. This system, enforced by informal ties between senior law enforcement officials of the countries concerned, permitted authorities to detain individuals for up to one month while the Prosecutor General’s Office investigated the nature of the warrants. International organizations reported six cases of refoulement of asylum seekers during the year, and NGOs cited cases in which officials detained persons (most commonly from Central Asia) and returned them clandestinely to their country of origin.

Access to Asylum: The country’s laws provide for the granting of asylum or refugee status, and the government has established a system for providing protection to refugees. NGOs reported applicants commonly paid informal “facilitation fees” of approximately 33,000 rubles ($495) to GAMI adjudicators to have their application reviewed. Applicants who did not speak Russian often had to pay for a private interpreter. Human rights organizations noted that nearly all newly arrived refugees and temporary asylum seekers in large cities, in particular Moscow and St. Petersburg, were forced to apply in other regions, allegedly due to full quotas. With the exception of Ukrainians, GAMI approved a small percentage of applications for refugee status and temporary asylum.

Some observers pointed out that GAMI data failed to include asylum seekers who were forcibly deported or extradited before exhausting their legal remedies. Moreover, some individuals who might otherwise have sought international protection, especially those from Central Asia, reportedly chose not to make formal applications for asylum because doing so often led to criminal investigations and other unwanted attention from the security services.

Human rights organizations noted the country’s tendency during the year not to accept more Ukrainian and Syrian applicants for refugee status and temporary asylum. NGOs also reported that authorities encouraged applicants to return to their countries of origin. Authorities reportedly also had blanket authority to grant temporary asylum to Syrians, but local migration experts noted a decrease in the number of Syrians afforded temporary asylum, suggesting that GAMI had not renewed the temporary asylum of hundreds of Syrians and, in some cases, encouraged applicants to return to Syria.

Employment: Employers frequently refused to hire applicants who lacked residential registration.

Access to Basic Services: By law successful temporary asylum seekers and persons whose applications were being processed have the right to work, receive medical care, and attend school. NGOs reported authorities provided some services to Ukrainian asylum seekers, but there were instances in which applicants from other countries were denied the same service.

While federal law provides for education for all children, regional authorities occasionally denied access to schools to children of temporary asylum and refugee applicants who lacked residential registration. When parents encountered difficulties enrolling their children in school, authorities generally cooperated with UNHCR to resolve the problem.

Temporary Protection: A person who did not satisfy the criteria for refugee status, but who could not be expelled or deported for humanitarian reasons, could receive temporary asylum after submitting a separate application. There were reports, however, of authorities not upholding the principle of temporary protection.

STATELESS PERSONS

According to the 2010 population census, the country was home to 178,000 self-declared stateless persons. Official statistics did not differentiate between stateless persons and other categories of persons seeking assistance. Laws, policies and procedures allow stateless persons to gain nationality, and for their children born in the country to gain nationality. Some NGOs estimated there were approximately 500,000 stateless persons in the country and reported that authorities urged stateless persons to depart the country, but, in most cases, they failed to provide temporary legal status that would facilitate their departure.

Rwanda

Executive Summary

Rwanda is a constitutional republic dominated by a strong presidency. The ruling Rwandan Patriotic Front (RPF) led a governing coalition that included four smaller parties. In August 2017 voters elected President Paul Kagame to a third seven-year term with a reported 99 percent of the vote and a reported 98 percent turnout. One independent candidate and one candidate from an opposition political party participated in the presidential election, but authorities disqualified three other candidates. In the September elections for parliament’s lower house, the Chamber of Deputies, candidates from the RPF coalition and two other parties that supported RPF policies won all except four of the open seats. For the first time, independent parties won seats in the chamber, with the Democratic Green Party of Rwanda (DGPR) and the Social Party Imberakuri (PS-Imberakuri) winning two seats each. In both the 2017 and the 2018 elections, international monitors reported numerous flaws, including irregularities in the vote tabulation process.

Civilian authorities maintained effective control over state security forces (SSF).

Human rights issues included reports of unlawful or arbitrary killings by state security forces; forced disappearance by state security forces; torture by state security forces including asphyxiation, electric shocks, mock executions; arbitrary detention by state security forces; political prisoners; arbitrary or unlawful interference with privacy; threats to and violence against journalists, censorship, website blocking, and criminal libel; substantial interference with the rights of peaceful assembly and freedom of association, such as overly restrictive nongovernmental organization (NGO) laws; and restrictions on political participation.

The government occasionally took steps to prosecute or punish officials who committed abuses, including within the security services, but impunity involving civilian officials and some members of the SSF was a problem.

Section 2. Respect for Civil Liberties, Including:

Saint Kitts and Nevis

Executive Summary

Saint Kitts and Nevis is a multiparty parliamentary democracy and federation. Queen Elizabeth II is the head of state. The governor general is the queen’s representative in the country and certifies all legislation on her behalf. The constitution provides the smaller island of Nevis considerable self-government under a premier. In the 2015 national elections, Team Unity, a coalition of three opposition parties, won seven of the 11 elected seats in the legislature. Team Unity leader Timothy Harris was elected prime minister. Independent observers from the Organization of the American States (OAS) concluded the election was generally free and fair but called for electoral reform, noting procedural difficulties in the election process resulted in the slow transmission of results.

Civilian authorities maintained effective control over the security forces.

Human rights issues included child abuse and criminalization of same-sex activity between men, although the law was not enforced during the year.

The government took steps to prosecute and convict officials who committed abuses, but some cases remained unresolved.

Section 2. Respect for Civil Liberties, Including:

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

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

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

PROTECTION OF REFUGEES

Access to Asylum: While the law provides for the granting of asylum and refugee status, the government has not established a system for providing protection to refugees. There were no reported requests for asylum during the year.

Saint Lucia

Executive Summary

Saint Lucia is a multiparty, parliamentary democracy. In free and fair elections in 2016, the United Workers Party (UWP) won 11 of the 17 seats in the House of Assembly, defeating the previously ruling Saint Lucia Labor Party. UWP leader Allen Chastanet became prime minister.

Civilian authorities maintained effective control over the security forces.

Human rights issues included violence against suspects and prisoners by police and prison officers, and criminalization of consensual same-sex activity between adults, although the law was not enforced during the year.

Although the government took limited steps to prosecute officials and employees who committed abuses, the procedure for investigating police officers was lengthy, cumbersome, and often inconclusive.

Section 2. Respect for Civil Liberties, Including:

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

The constitution and the 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 and other humanitarian organizations in providing protection and assistance to internally displaced persons, refugees, asylum seekers, stateless persons, and other persons of concern.

PROTECTION OF REFUGEES

Access to Asylum: The law does not provide for the granting of asylum or refugee status. Refugees had access to medical care and uneven access to education. Individuals claiming refugee status had access to the courts and protection by law enforcement. The government assisted the safe, voluntary return of refugees to their home countries.

Saint Vincent and the Grenadines

Executive Summary

Saint Vincent and the Grenadines is a multiparty, parliamentary democracy. The prime minister is the head of the government. In 2015 Prime Minister Ralph Gonsalves was elected to a fourth consecutive term. International observers assessed the election as generally free and fair.

Civilian authorities maintained effective control over the security forces.

Human rights issues included the criminalization of libel; the criminalization of consensual same-sex activity between men (which was not enforced during the year); two cases of violence against LGBTI persons; and child labor.

The government took steps to investigate and punish officials who committed abuses, and there was not a widespread perception of impunity for security force members.

Section 2. Respect for Civil Liberties, Including:

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

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

PROTECTION OF REFUGEES

Access to Asylum: The law does not provide for the granting of asylum or refugee status; each case is addressed on an individual basis. The government has not established a system for providing protection to refugees.

Samoa

Executive Summary

Samoa is a constitutional parliamentary democracy that incorporates traditional practices into its governmental system. Although the unicameral parliament is elected by universal suffrage, only matai (heads of extended families) may be members. In 2016 voters elected a new parliament, confirming Prime Minister Tuilaepa Sailele Malielegaoi in office. The elections were free and fair on the day, but the matai requirement and the questionable disqualification of candidates caused some observers to question the fairness of the outcome.

Civilian authorities maintained effective control over the security forces.

Human rights issues included criminalization of same-sex conduct although the law was not enforced.

The government took steps to prosecute officials who committed abuses. There were no reports of impunity.

Section 2. Respect for Civil Liberties, Including:

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

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

PROTECTION OF REFUGEES

Access to Asylum: The law provides for granting refugee status, but the government has not yet established a system for providing protection to refugees. There were no requests for asylum or refugee status.

San Marino

Executive Summary

The Republic of San Marino is a multiparty democracy. The popularly elected, unicameral Great and General Council (parliament) selects two of its members to serve as captains regent (co-heads of state). They preside over meetings of the council and the Congress of State (cabinet), which has no more than 10 other members (secretaries of state), selected by the council. Observers considered the parliamentary elections in 2016 to be generally free and fair.

Civilian authorities maintained effective control over the security forces.

There were no reports of egregious human rights abuses.

Section 2. Respect for Civil Liberties, Including:

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

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

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. Only one family (from Syria) was granted asylum in the country during the year.

PROTECTION OF REFUGEES

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

Sao Tome and Principe

Executive Summary

The Democratic Republic of Sao Tome and Principe is a multiparty constitutional democracy. In 2016 voters elected President Evaristo do Espirito Santo Carvalho as head of state. In legislative elections on October 7, the Independent Democratic Action (ADI) party of Prime Minister Patrice Emery Trovoada won 25 of 55 National Assembly seats, the Liberation Movement of STP/Social Democratic Party (MLSTP/PSD) won 23 seats, the coalition of the Democratic Convergence Party (PCD), Democratic Movement of Forces for Change/Liberal Party (MDFM) and Democratic Union for Development (UDD) won five seats, and the Independent Citizens’ Movement won two seats. International observers deemed the legislative election generally free and fair.

Civilian authorities maintained effective control over the security forces.

Human rights issues included an unlawful killing by police; excessive use of force, including beatings, by police; and widespread domestic violence against women, where government lack of action for prosecution and accountability contributed to an atmosphere of impunity.

While the government took some steps to investigate and prosecute officials who committed abuses, authorities rarely punished those officials, and impunity was a problem.

Section 2. Respect for Civil Liberties, Including:

Saudi Arabia

Executive Summary

The Kingdom of Saudi Arabia is a monarchy ruled by King Salman bin Abdulaziz Al Saud, who is both head of state and head of government. The 1992 Basic Law sets out the system of governance, rights of citizens, and powers and duties of the government, and it provides that the Quran and Sunna (the traditions of the Prophet Muhammad) serve as the country’s constitution. It specifies that the rulers of the country shall be male descendants of the founder, King Abdulaziz (Ibn Saud). In 2015 the country held its most recent municipal elections on a nonparty basis for two-thirds of the 3,159 seats in the 284 municipal councils around the country. Independent polling station observers did not identify significant irregularities with the elections. For the first time, women were allowed to vote and run as candidates in these municipal elections.

Civilian authorities generally maintained effective control over the security forces.

Human rights issues included unlawful killings; executions for nonviolent offenses; forced renditions; forced disappearances; and torture of prisoners and detainees by government agents. There were also reports of arbitrary arrest and detention; political prisoners; arbitrary interference with privacy; criminalization of libel, censorship, and site blocking; restrictions on freedoms of peaceful assembly, association, and movement; severe restrictions of religious freedom; citizens’ lack of ability and legal means to choose their government through free and fair elections; trafficking in persons; violence and official discrimination against women, although new women’s rights initiatives were implemented; criminalization of consensual same-sex sexual activity; and prohibition of trade unions.

Government agents carried out the killing of journalist Jamal Khashoggi inside the consulate of Saudi Arabia in Istanbul, Turkey, on October 2. King Salman pledged to hold all individuals involved accountable, regardless of position or rank. Several officials were removed from their positions, and on November 15, the Public Prosecutor’s Office (PPO) announced the indictment of 11 suspects. The PPO announced it would seek the death penalty for five of the suspects charged with murder and added that an additional 10 suspects were under further investigation. At year’s end the PPO had not named the suspects nor the roles allegedly played by them in the killing, nor had they provided a detailed explanation of the direction and progress of the investigation. In other cases the government did not punish officials accused of committing human rights abuses, contributing to an environment of impunity.

The country continued air operations in Yemen as leader of a military coalition formed in 2015 to counter the 2014 forceful takeover of the Republic of Yemen’s government institutions and facilities by Houthi militias and security forces loyal to former president Ali Abdullah Saleh. Saudi-led coalition airstrikes in Yemen resulted in civilian casualties and damage to infrastructure on a number of occasions, and the United Nations and nongovernmental organizations (NGOs), such as Human Rights Watch (HRW) and Amnesty International, reported that some coalition airstrikes caused disproportionate collateral damage. Houthi-aligned militias carried out cross-border raids into Saudi territory and fired missiles and artillery into Saudi Arabia throughout the year, killing and injuring Saudi civilians. The coalition’s Joint Incident Assessment Team, established by the Saudi government and based in Riyadh, investigated allegations of civilian casualties, published recommendations, and in some cases promised to provide compensation to affected families, although no prosecutions occurred.

Section 2. Respect for Civil Liberties, Including:

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

The law does not contain provisions for freedom of internal movement, foreign travel, emigration, and repatriation.

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

In-country Movement: The government generally did not restrict the free movement of male citizens within the country, but it severely restricted the movement of female citizens. While the guardianship system does not require a woman to have the permission of her male guardian (normally a father, husband, son, brother, grandfather, uncle, or other male relative) to move freely within the country, courts sometimes ruled that women should abide by a male guardian’s request to stay at home by “occasionally upholding a guardian’s right to obedience from his female dependents,” according to a HRW report.

In April 2017 King Salman issued a royal decree ordering all government agencies to review their guardianship laws and to provide, within three months, their understanding of the legal basis for withholding services to women. The stated goal was to avoid denying government services to women who do not present a male guardian’s consent except when law or regulations explicitly require it. At year’s end the results of the government’s review of its guardianship laws had not been announced.

Authorities respected the right of citizens to change residence or workplace, provided they held a national identification card (NIC). The law requires all male citizens who are 15 or older to possess a NIC. In 2012 the Ministry of Interior announced it would start issuing NICs to all female citizens at the age of 15, phasing in the requirement over a seven-year period. There was minimal information available regarding whether this initiative was successfully implemented.

On June 24, the country lifted its longstanding ban on women driving. The process of issuing licenses, however, was slowed by the small number of training schools available to women and the high cost of driver’s education for women, which was four to five times as expensive as men’s fees. As a result, there were waiting lists for driving classes.

Foreign Travel: There are severe restrictions on foreign travel, including for women and members of minority groups. No one may leave the country without an exit visa and a passport. Females of any age, males younger than 21, and other dependents or foreign citizen workers under sponsorship require a male guardian’s consent to travel abroad. According to Ministry of Interior regulations, a male guardian must apply for and collect a passport for women and minors. A noncitizen wife needs permission from her husband to travel, unless both partners sign a prenuptial agreement permitting the noncitizen wife to travel without the husband’s permission. If a wife’s guardian is deceased, a court may grant the permission. Government entities can ban the travel of citizens and noncitizens without trial, and male family members can “blacklist” women and minor children, prohibiting their travel. In December the General Directorate of Passports announced that divorced Saudi women older than 21 who possess a NIC with at least three months’ validity may travel to other Gulf Cooperation Council member states (Bahrain, Kuwait, Oman, Qatar, and the United Arab Emirates) without the consent of a male guardian.

Employers or sponsors controlled the departure of foreign workers and residents from the country; employers or sponsors were responsible for processing residence permits and exit visas on their behalf. Sponsors frequently held their employees’ passports against the desires of the employees, despite a law specifically prohibiting this practice. Foreign workers typically provided sponsors with their residence permit before traveling in exchange for their passport to ensure the worker’s return to their employer after their travel.

The government reportedly confiscated passports for political reasons and revoked the rights of some citizens to travel, often without providing them notification or opportunity to contest the restriction. Most travel bans reportedly involved individuals in court cases relating to corruption; state security concerns; or labor, financial, and real estate disputes. Many relatives of citizens detained in relation to the government’s anticorruption campaign, as well as relatives of detained clerics and human rights activists, were also reportedly under travel bans.

PROTECTION OF REFUGEES

The law does not contain provisions for freedom of internal movement, foreign travel, emigration, and repatriation.

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

In-country Movement: The government generally did not restrict the free movement of male citizens within the country, but it severely restricted the movement of female citizens. While the guardianship system does not require a woman to have the permission of her male guardian (normally a father, husband, son, brother, grandfather, uncle, or other male relative) to move freely within the country, courts sometimes ruled that women should abide by a male guardian’s request to stay at home by “occasionally upholding a guardian’s right to obedience from his female dependents,” according to a HRW report.

In April 2017 King Salman issued a royal decree ordering all government agencies to review their guardianship laws and to provide, within three months, their understanding of the legal basis for withholding services to women. The stated goal was to avoid denying government services to women who do not present a male guardian’s consent except when law or regulations explicitly require it. At year’s end the results of the government’s review of its guardianship laws had not been announced.

Authorities respected the right of citizens to change residence or workplace, provided they held a national identification card (NIC). The law requires all male citizens who are 15 or older to possess a NIC. In 2012 the Ministry of Interior announced it would start issuing NICs to all female citizens at the age of 15, phasing in the requirement over a seven-year period. There was minimal information available regarding whether this initiative was successfully implemented.

On June 24, the country lifted its longstanding ban on women driving. The process of issuing licenses, however, was slowed by the small number of training schools available to women and the high cost of driver’s education for women, which was four to five times as expensive as men’s fees. As a result, there were waiting lists for driving classes.

Foreign Travel: There are severe restrictions on foreign travel, including for women and members of minority groups. No one may leave the country without an exit visa and a passport. Females of any age, males younger than 21, and other dependents or foreign citizen workers under sponsorship require a male guardian’s consent to travel abroad. According to Ministry of Interior regulations, a male guardian must apply for and collect a passport for women and minors. A noncitizen wife needs permission from her husband to travel, unless both partners sign a prenuptial agreement permitting the noncitizen wife to travel without the husband’s permission. If a wife’s guardian is deceased, a court may grant the permission. Government entities can ban the travel of citizens and noncitizens without trial, and male family members can “blacklist” women and minor children, prohibiting their travel. In December the General Directorate of Passports announced that divorced Saudi women older than 21 who possess a NIC with at least three months’ validity may travel to other Gulf Cooperation Council member states (Bahrain, Kuwait, Oman, Qatar, and the United Arab Emirates) without the consent of a male guardian.

Employers or sponsors controlled the departure of foreign workers and residents from the country; employers or sponsors were responsible for processing residence permits and exit visas on their behalf. Sponsors frequently held their employees’ passports against the desires of the employees, despite a law specifically prohibiting this practice. Foreign workers typically provided sponsors with their residence permit before traveling in exchange for their passport to ensure the worker’s return to their employer after their travel.

The government reportedly confiscated passports for political reasons and revoked the rights of some citizens to travel, often without providing them notification or opportunity to contest the restriction. Most travel bans reportedly involved individuals in court cases relating to corruption; state security concerns; or labor, financial, and real estate disputes. Many relatives of citizens detained in relation to the government’s anticorruption campaign, as well as relatives of detained clerics and human rights activists, were also reportedly under travel bans.

STATELESS PERSONS

The country had a number of habitual residents who were legally stateless, but data on the stateless population were incomplete and scarce.

Citizenship is legally derived only from the father. Children born to an unmarried citizen mother who is not legally affiliated with the citizen father may be considered stateless, even if the father recognized the child as his, or if the government did not authorize the marriage of a citizen father and a noncitizen mother prior to birth of the children. The nationality laws do not allow Saudi women married to foreign nationals to pass their nationality to their children, except in certain circumstances such as fathers who are unknown, stateless, of unknown nationality, or do not establish filiation. Sons of citizen mothers and noncitizen fathers may apply for citizenship once they turn 18 (if not already granted citizenship at birth under certain circumstances); daughters in such cases can obtain citizenship only through marriage to a Saudi man. A child may lose legal identification and accompanying rights if authorities withdraw identification documents from a parent (possible when a naturalized parent denaturalizes voluntarily or loses citizenship through other acts). Since there is no codified personal status law, judges make decisions regarding family matters based on their own interpretations of Islamic law.

Foreign male spouses of female citizens are entitled to permanent residency in the country without needing a sponsor, and they receive free government education and medical benefits. These spouses are also included in the quota of Saudis employed in private companies under the nitaqaat, or labor quota system, which improves their employment prospects. Female citizens must be between the ages of 30 and 50 in order to marry a non-Saudi man. Non-Saudi wives of Saudi men receive more rights if they have children resulting from their marriage with a Saudi man. Male citizens must be between the ages of 40 and 65 in order to marry a non-Saudi woman. The extent to which those strictures were enforced was unclear; there was anecdotal evidence that they were not uniformly enforced. Children of Saudi women who are married to foreign spouses receive permanent residency, but their residency status is revocable in the event of the death of the Saudi mother.

In past years UNHCR unofficially estimated there were 70,000 stateless persons in the country, almost all of whom were native-born residents known locally as Bidoon (an Arabic word that means “without” [citizenship]). Updated information on stateless persons was not available. Bidoon are persons whose ancestors failed to obtain nationality, such as descendants of nomadic tribes not counted among the native tribes during the reign of the country’s founder, King Abdulaziz; descendants of foreign-born fathers who arrived before there were laws regulating citizenship; and rural migrants whose parents failed to register their births. As noncitizens, Bidoon are unable to obtain passports. The government sometimes denied them employment and educational opportunities, and their marginalized status made them among the poorest residents of the country. In recent years the Ministry of Education encouraged them to attend school. The government issues Bidoon five-year residency permits to facilitate their social integration in government-provided health-care and other services, putting them on similar footing with sponsored foreign workers. The General Directorate of Passports issued special identification cards to Bidoon similar to residency permits issued to foreigners in the country, but with features entitling their holders to additional government services similar to those available to citizens.

There were also some Baloch, West Africans, and Rohingya Muslims from Burma, but only a small portion of these communities was stateless. Many Rohingya had expired passports that their home government refused to renew, or had entered the country with fraudulent travel documents. UNHCR estimated there were between 250,000 and 500,000 Rohingya in the country. Some of these individuals benefited from a prior program to correct their residency status; in 2014 the government issued nearly 200,000 four-year residency permits to Rohingya who entered the country prior to 2008. Rohingya who arrived in the country after 2008 were not eligible for residency permits, although NGOs reported that Rohingya, including those without legal residency, were generally not subject to deportation prior to 2018. Upon the expiration of Rohingya residency permits in 2018, media reported more than 100 Rohingya faced deportation to Bangladesh at year’s end and hundreds more were in detention at Shumaisi Detention Center near Mecca. Only an estimated 2,000 individuals of Rohingya origin had Saudi citizenship. There also were between 300,000 and 400,000 Palestinian residents not registered as refugees.

Senegal

Executive Summary

Senegal is a republic dominated by a strong executive branch. In 2012 voters elected Macky Sall as president for a seven-year term, in elections local and international observers considered to be free and fair. In July 2017 Sall’s coalition won the majority of seats in the National Assembly. Local and international observers viewed the legislative election as largely free and fair despite significant irregularities.

Civilian authorities generally maintained effective control over the security forces.

Human rights issues included torture and arbitrary arrests by security forces; harsh and potentially life-threatening prison conditions; criminal libel; lack of judicial independence; corruption, particularly in the judiciary, police, and elsewhere in the executive branch; lack of accountability in cases involving violence against women and children, including female genital mutilation/cutting (FGM/C); trafficking in persons; criminalization of same-sex sexual conduct and violence against lesbian, gay, bisexual, transgender and intersex (LGBTI) persons, and forced labor.

The government took steps to investigate, prosecute, and punish officials who committed abuses, whether in the security forces or elsewhere in the government, but impunity for abuses existed.

In the southern Casamance region, situated between The Gambia and Guinea-Bissau, a de facto ceasefire between security forces and armed separatists continued for a sixth year. Sporadic incidents of violence occurred in the Casamance, but they were associated more with criminal activity than directly with the separatist conflict. Individuals associated with various factions of the separatist Movement of Democratic Forces of the Casamance (MFDC) continued to rob and harass local populations. There were occasional accidental contacts and skirmishes between security forces and MFDC units, leading to deaths and injuries of rebels and harm to civilians, and the Senegalese military conducted operations in response to a massacre of 14 individuals in the Casamance by unidentified individuals. Mediation efforts continued in search of a negotiated resolution of the conflict, which began in 1982.

Section 2. Respect for Civil Liberties, Including:

Serbia

Executive Summary

The Republic of Serbia is a constitutional, multiparty, parliamentary democracy. The country held extraordinary parliamentary elections in 2016 and presidential elections in 2017. International observers stated that the elections were mostly free, but that campaigning during both periods benefited progovernment candidates. In 2017 Aleksandar Vucic, president of the Serbian Progressive Party (SNS), was elected president, winning approximately 55 percent of the vote in the first round.

Civilian authorities maintained effective control over the security forces.

Human rights issues included government corruption, including by some high-level officials; violence against journalists; and crimes including violence targeting Lesbian, Gay, Bisexual, Transgender, and Intersex (LGBTI) individuals.

The government took steps to prosecute officials who committed human rights abuses (and punish them, if convicted), both in the police force and elsewhere in the government, following public exposure of abuses. Nevertheless, many observers believed numerous cases of corruption, social and domestic violence, and other abuses went unreported and unpunished.

Section 2. Respect for Civil Liberties, Including:

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

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

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

INTERNALLY DISPLACED PERSONS (IDPS)

The law provides protection to IDPs in accordance with the UN Guiding Principles on Internal Displacement, but implementation fell short in some areas. According to official statistics of the Serbian Commissariat for Refugees and Migration (SCRM), approximately 200,000 displaced persons from Kosovo resided in the country, most of whom were Serbs, Montenegrins, Roma, Egyptians, Ashkali, Gorani, and Bosniaks who left Kosovo, then an autonomous province of Yugoslavia, because of the 1998-99 war. Approximately 80 percent resided in urban areas. According to recent research conducted by the SCRM, more than 68,000 of these persons were extremely vulnerable and in need of assistance. These displaced persons met one or more of UNHCR’s vulnerability criteria, such as households that had income below the poverty line; persons living in undignified conditions; persons with mental or physical disabilities; single parents; elderly persons and women, children, or adolescents at risk.

According to UNHCR research, displaced Roma were the most vulnerable and marginalized displaced population in the country, with 92 percent of the 20,000 internally displaced Roma living below the poverty threshold, and 98 percent of displaced Roma households unable to satisfy basic nutritional needs or afford to pay for utilities, health care, hygiene, education, and local transport. Displaced Roma had a 74 percent unemployment rate. According to UNHCR, almost 90 percent of displaced Roma lived in substandard housing, and the vast majority had not been able to integrate or return home. According to the SCRM, over the past 18 years, the government, supported by the international community, implemented measures and activities related to the reception and care of displaced persons from Kosovo to provide for adequate living conditions. Their recent research stated that more than 4,700 housing units, generally defined as living spaces for one family, were provided. It was not clear how many of these units were provided to Romani displaced persons, who often did not identify themselves as Roma.

While government officials continued to state publicly that displaced persons from Kosovo should return, senior government officials also claimed that it was unsafe for many to do so. To assist refugees from Croatia and Bosnia and Herzegovina as well as displaced persons from Kosovo, the government continued to implement its 2002 National Strategy on Refugees and Internally Displaced People. It was expanded and updated in 2015 and slated to continue until 2020. The strategy was not comprehensive and failed to provide the technical and financial capacity to ensure durable solutions for displaced persons. Some progress was made within the Skopje Process, which started in 2014 when the governments of Serbia, Macedonia, Montenegro, and Kosovo identified security, property, data management, documentation, and solutions planning as the issues to be resolved and agreed on actions that needed to be taken. The adoption and implementation of these actions, however, were still pending. UNHCR stated that the government continued to underreport the funding needed for the integration of displaced persons to avoid pressure from the EU to direct more funds to these programs.

During the year the government provided 173 housing units and 151 income-generation packages to displaced persons. Local NGOs and international organizations provided additional housing, financial assistance, and free legal assistance for civil registration, resolution of property claims, securing work rights, and obtaining personal documents.

The housing situation of many displaced persons remained a source of concern. Many of the more than 68,000 extremely vulnerable displaced persons from Kosovo lived in substandard private accommodation. The Commissariat for Refugees and Migration reported 68 displaced persons from Kosovo remained in three official collective centers in the country; 52 of the displaced persons from Kosovo were Roma accommodated in the so-called “Salvatore” collective center in Bujanovac, a minimally habitable facility originally constructed for only temporary accommodation. These individuals were particularly marginalized and, according to UNHCR, did not have access to social assistance or economic empowerment programs.

The most vulnerable displaced persons were Roma living in informal settlements without access to basic infrastructure, electricity, water, and sanitation, who were in constant fear of forced evictions. These Romani communities were mostly in urban areas; some of the most vulnerable were in the informal settlements Cukaricka Suma in Belgrade, Veliki Rit in Novi Sad, and in other urban areas.

PROTECTION OF REFUGEES

Refoulement: Humanitarian organizations noted the government lacked the resources and expertise to provide sufficient protection against refoulement. Various press and humanitarian reports indicated that authorities pushed back irregular migrants without screening them to see if they were seeking asylum. There was also a credible report of a group of 25 Afghan nationals, who expressed their intent to claim asylum in the country in February 2017. The migrants were issued asylum intention certificates stating that they should proceed to Divljana Reception Center, in accordance with the country’s asylum law. The group’s arrival at the Divljana Reception Center could not be confirmed, and reports indicated that they were expelled into Bulgaria by Serbian security forces.

The government’s Mixed Migration Group was inactive during the year and did not deliberate on any of the issues in its portfolio or communicate the number of illegal entrances prevented since January 1. UNHCR estimated that some 5,267 individuals were prevented from illegally entering Hungary, Bosnia and Herzegovina, and Croatia from the country’s territory in the period through August.

Access to Asylum: The law provides for the granting of asylum or refugee status, and the government has a system for giving protection to refugees. The asylum office within the Ministry of Interior is responsible for implementing the system but lacked the capacity, resources, and trained staff to do so effectively.

While the law was broadly in accordance with international standards, failures and delays in the implementation of its provisions denied asylum seekers access to a prompt and effective individual assessment of their protection needs. In the majority of cases, asylum applications were discontinued or suspended because the applicants left the country. According to UNHCR the primary reasons for asylum seekers leaving the country were their lack of interest in living in Serbia and a lengthy government procedure for adjudicating applications.

The Asylum Office granted subsidiary protection to 14 asylum seekers and refugee status to nine asylum seekers during the year. In March parliament adopted a new Law on Asylum and Temporary Protection, which came into effect in the beginning of June. In theory, it represented a step forward, bringing procedural guarantees to asylum seekers, and improving all steps of the procedures pertaining to refugee children. The law’s practical impact on the asylum system could not be evaluated due to the short time it had been in effect.

In 2017 the government expanded its network of five official asylum centers (Krnjaca, Sjenica, Tutin, Banja Koviljaca, and Bogovadja) by opening 13 additional centers (Subotica, Principovac, Sid, Adasevci, Bujanovac, Vranje, Presevo, Dimitrovgrad, Pirot, Divljana, Bosilegrad, Sombor, and Kikinda) with capacity to accommodate approximately 6,000 persons. In September the government closed the Divljana, Presevo, and Dimitrovgrad centers due to a lower migrant population. These reception centers could be reopened quickly in the event that migrant flows increased. The government also erected three large tents in Adasevci, near the border with Croatia, during the year to accommodate asylum seekers waiting to cross the border.

NGOs and UN agencies reported that the Hungarian government continued the practice of “pushing back” irregular migrants into the territory of Serbia, including individuals who had not been previously present in the country and who entered Hungary from another country.

Safe Country of Origin/Transit: International humanitarian organizations raised concerns about the government’s interpretation and use of the concept of a safe country of origin/transit. It was government policy to issue blanket denials of asylum to applicants from a “safe country of origin.” Asylum authorities dismissed the asylum applications of almost all the persons who entered the country from one of the countries on the list of safe third countries and declined jurisdiction. Court rulings in extradition proceedings extradited asylum seekers without a final decision on their asylum applications and without examining potential risks of persecution in their countries of origin, rigorously abiding by the provisions of the law. Competent authorities in both asylum procedures and extradition proceedings did not examine the risks of persecution in the countries of origin (the grounds on which these persons had requested asylum); in two cases authorities extradited asylum seekers to their countries of origin. In one case the Asylum Office established the jurisdiction of Montenegro (from where the asylum seeker had entered Serbia) by examining the individual’s asylum application, but authorities in charge of extradition proceedings deported him to Turkey, his country of origin.

The UNHCR claimed this policy and the list of “safe third countries” were not valid, because the Ministry of Foreign Affairs determined them based solely on the country’s relations and affiliations with those countries and not on their actual safety with regard to humanitarian and human rights conditions. As a result all neighboring states recognized by the government were on its list of “safe third countries.” The new Law on Asylum and Temporary Protection introduced procedural guarantees to asylum seekers with the aim of limiting the application of the “safe third country” concept by obliging asylum authorities to examine its application in every individual case.

Employment: Asylum seekers do not have the right to employment until nine months after an asylum application is submitted if no decision has been taken on their case. Employment is also available once an applicant is recognized as a refugee at the end of the country’s refugee determination process.

Access to Basic Services: Asylum seekers, migrants, and refugees have the right to access health and education services, although barriers including language and cultural differences limited access.

Durable Solutions: The government provided support for the voluntary return and reintegration of refugees from other countries of the former Yugoslavia. Those who chose the option of integration in Serbia rather than return to their country of origin enjoyed the same rights as nationals, including access to basic services such as health and education, and had access to simplified naturalization in the country; they did not have the right to vote unless their naturalization process was complete. According to the Commissariat for Refugees and Migration’s official statistics, 26,502 refugees (18,232 refugees from Croatia and 8,270 from Bosnia and Herzegovina) resided in the country, while the government estimated that approximately 200,000 to 400,000 former refugees were naturalized but not socially or economically integrated into the country.

There are no remaining refugees displaced during the breakup of Yugoslavia in the country’s collective centers. The government directly funded 178 housing units for these refugees during the year.

Together with Bosnia and Herzegovina, Croatia, and Montenegro, Serbia participated in the Regional Housing Project (RHP) to provide housing for approximately 16,000 vulnerable refugee families who have decided to integrate into their countries of residence. Since inception RHP donors approved nine project proposals to provide housing to more than 7,000 refugee families living in the country. To date more than 2,000 housing units had been provided or were under construction. The total value of the nine projects was 152 million euros ($175 million), of which the government contributed 25.2 million euros ($29.0 million). During the year 772 housing units were provided in Serbia.

Temporary Protection: The government made no decisions on temporary protection during the year.

STATELESS PERSONS

Poverty, social marginalization, lack of information, cumbersome and lengthy bureaucratic procedures, difficulty in obtaining documents, the lack of an officially recognized residence, and the lack of birth registration limited the ability of those at risk of statelessness to gain nationality.

According to UNHCR an estimated 2,200 persons, primarily Roma, Balkan Egyptians, and Ashkali, were at risk of statelessness in the country; approximately 300 of these remained without birth registration. The country has laws and procedures that afford the opportunity for late birth registration and residence registration as well as the opportunity to gain nationality. Children whose parents lacked personal documents (identification cards) could not, however, be registered into birth registry books immediately after birth, creating new cases of persons at risk of statelessness.

One example was the case of R.A. and her family, members of the Romani minority in the country who fled Kosovo after the conflict in 1999. In 2000 R.A. gave birth in a hospital to a girl, whom she named N. When her daughter was born, R.A. did not have an identification card and a birth certificate to prove her identity. When she came to the hospital to give birth, she presented herself under the last name of her common-law husband, although they were never formally married. Under the operative rules and regulations, to register the birth and name of a child immediately upon birth, the mother needs to possess both her birth certificates and identification. Since R.A. had neither, her child remained unregistered. It subsequently took an NGO that provided free legal aid five years to reregister N in the birth registry, and an additional procedure was required for determination of citizenship. In 2015 R.A. obtained an identification card for the first time. After she obtained her card, she initiated the procedure for registration of her daughter N. In this procedure it was necessary to correct all the mistakes that resulted from the erroneously entered data in the hospital records when N. was born. After the attempts to register N. before an administrative body failed, a procedure for determination of date and place of birth before the court was initiated and was still pending.

Due to existing regulations, children of undocumented parents can be without birth registration for upwards of a year. Until they are registered, children remain legally invisible, at risk of statelessness, and deprived of access to numerous rights, such as health care and social protection.

Seychelles

Executive Summary

Seychelles is a multiparty republic governed by a president, Council of Ministers, and National Assembly. In 2015 voters narrowly re-elected president James Michel of Parti Lepep in an election that international observers criticized for voter intimidation and vote buying. In 2016 President Michel resigned and appointed his vice president, Danny Faure, president of the republic, as provided for by the constitution. President Faure was the Parti Lepep vice-presidential candidate, and after assuming the presidency, he declared he would not run for the leadership of his party. In 2017, a year after he assumed office, Faure withdrew from Parti Lepep, marking the first time since independence that the head of state was not the head of a political party. Faure was serving the remaining four years of Michel’s mandate and had never run as a presidential candidate. In 2016 the opposition coalition Seychellois Democratic Union (SDU) won a majority of seats in legislative assembly elections, which international and domestic observers called fair but not free due to lack of credibility of the election management body. This was the SDU’s first majority since the establishment of a multiparty system, and since then the government has been in a state of “cohabitation.” In September the SDU tabled a motion calling on Faure to step down and make way for presidential elections.

Civilian authorities maintained effective control over the security forces.

Human rights issues included violent prison conditions, ineffective government enforcement of regulations concerning domestic violence against women, and forced labor.

The government took steps to punish officials who committed abuses, whether in the security services or elsewhere in the government.

Section 2. Respect for Civil Liberties, Including:

Sierra Leone

Executive Summary

Sierra Leone is a constitutional republic with a directly elected president and a unicameral legislature. In March the opposition Sierra Leone People’s Party (SLPP) presidential candidate, Julius Maada Bio, won the presidential elections. Maada Bio defeated Samura Kamara of the All People’s Congress (APC) party by a narrow margin. In the January parliamentary elections, the APC won a plurality of the seats. Observers found the elections to be largely free and fair.

Civilian authorities maintained effective control over the security forces.

Human rights issues included unlawful killings; harsh and life-threatening prison conditions; criminal libel; official corruption; lack of accountability in cases involving sexual and gender-based violence against women and girls, including female genital mutilation/cutting; criminalization of same-sex sexual conduct, leading to the arrest of lesbian, gay, bisexual, transgender, and intersex individuals; and child labor.

The government took some steps to investigate, prosecute, and punish officials who committed violations, but impunity persisted.

Section 2. Respect for Civil Liberties, Including:

Singapore

Executive Summary

Singapore is a parliamentary republic where the People’s Action Party (PAP), in power since 1959, overwhelmingly dominated the political scene. The Elections Department declared Halimah Yacob president in 2017; she was the only candidate who qualified for the ballot, which was reserved that year for an ethnic Malay. Observers considered the 2015 general election free and open. The PAP won 83 of 89 parliamentary seats with 70 percent of the vote. The president subsequently reappointed PAP leader Lee Hsien-Loong as prime minister.

Civilian authorities maintained effective control over the security forces.

Human rights issues included: preventive detention by government authorities under various laws that dispense with regular judicial due process; monitoring private electronic or telephone communications without a warrant; significant restrictions on the press and online, including the use of defamation laws to discourage criticism; laws and regulations significantly limiting the right of peaceful assembly and freedom of association; and discrimination based on sexual orientation and gender identity as well as criminalization of sexual activities between men, although the law on this was not enforced.

The government prosecuted officials who committed human rights abuses in previous years. There were no reports of officials who committed human rights abuses or prosecutions or reports of impunity for such abuses in the year to October.

Section 2. Respect for Civil Liberties, Including:

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

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. Government cooperation with the Office of the United Nations High Commissioner for Refugees (UNHCR) and other humanitarian organizations with respect to asylum seekers and other refugees was limited.

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.

Men are required to undertake 24 months of uniformed national service upon reaching age 18. They also are required to participate in reserve training up to age 40 (for enlisted men) or 50 (for officers). Male citizens and permanent residents with national service reserve obligations 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.

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. Naturalized citizens may also lose their citizenship if they have engaged in activities deemed harmful to public safety and order.

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 UNHCR to repatriate or send refugees to a third country.

STATELESS PERSONS

As of January 2016 there were 1,411 legally stateless persons living in the country. Many were reportedly born in the country before independence but did not or could not meet requirements for citizenship then in force. Others were permanent residents who lost their foreign citizenship, or were children born to foreign nationals who are not recognized in their home countries. Stateless persons may apply for citizenship.

Approximately 80 percent of stateless persons have obtained permanent residency, but those who have not may not buy or rent real estate, are not entitled to government health or education subsidies, and may have difficulty securing employment.

Slovakia

Executive Summary

The Slovak Republic is a multiparty parliamentary democracy led by a prime minister and a 150-member parliament (Narodna Rada or National Council). Prime Minister Peter Pellegrini heads a three-party coalition that secured a majority of seats in parliament following free and fair parliamentary elections in 2016. In elections considered free and fair, voters elected Andrej Kiska to a five-year term as president and head of state in 2014.

Civilian authorities maintained effective control over security forces.

Human rights issues included corruption; violence or hate speech targeting lesbian, gay, bisexual, transgender, and intersex (LGBTI) persons; violence and widespread discrimination and violence against Roma; and security force violence against ethnic and racial minorities that government actions and rhetoric did little to discourage.

The government investigated reports of abuses by members of the security forces and other government institutions, although some observers questioned the thoroughness of these investigations. Some officials engaged in corrupt practices with impunity.

Section 2. Respect for Civil Liberties, Including:

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

The constitution and the law provide for freedom of internal movement, foreign travel, emigration, and repatriation, and the government generally respected these rights. There were no reports of government authorities exerting pressure on refugees to return to the country they had fled.

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.

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 granting asylum only in a very limited number of cases. As of August the government had received 104 asylum applications and granted asylum to one individual. The government granted asylum to 29 individuals in 2017.

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 UNHCR.

In July the country extradited a foreign national to Russia before officially closing his asylum process. The foreign national, who had applied for international protection in the country in 2011 citing fear of torture and inhumane treatment in his home country, was wanted in Russia on terrorism-related charges. The Justice Ministry asserted that the man had to be extradited as he posed a national security threat and would have to be released from custody within 60 days. Human rights NGOs and the UN Commission for Human Rights protested the extradition and called it a dangerous precedent for an asylum seeker to be extradited before a final decision on his asylum case had been made. In August the Constitutional Court turned down an appeal by the asylum seeker, asserting it lacked jurisdiction in the case.

In April the country’s media reported on the possible involvement of government officials in the 2017 abduction of a Vietnamese asylum seeker from Germany to Vietnam by the Vietnamese intelligence services. Based on information from German law enforcement officials, media reported that a Slovak government aircraft was used to transport the abducted Vietnamese national out of the Schengen area immediately following an official meeting between former Slovak interior minister, Robert Kalinak, and the Vietnamese minister of public security in July 2017 in Bratislava. In August the prosecution service launched official investigations into alleged government involvement in the abduction. The case remained pending.

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 BBAP for lacking the information necessary to determine whether a country would be safe for persons facing deportation there.

Freedom of Movement: NGOs reported the BBAP unnecessarily detained migrants, including asylum seekers whom police believed made false asylum claims, and that police failed to use adequately alternatives to detention, such as supervised release or financial bonds. In 2017 one in four asylum seekers in the country was placed in immigration detention rather than accommodation centers. 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: 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, which in some instances created confusion among health-care providers, who often did not know which medical procedures the policy would cover.

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

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 approximately seven persons as of August. Subsidiary protection is initially granted for one year, with possible extensions. NGOs said this created uncertainty regarding the refugee’s status in the country and significantly hindered their integration prospects.

Solomon Islands

Executive Summary

Solomon Islands is a constitutional multiparty parliamentary democracy. Observers considered the 2014 parliamentary election generally free and fair, although there were incidents of vote buying. Parliament elected Manasseh Sogavare as prime minister after the election, and he formed a coalition government. In November 2017, after a vote of no confidence against Sogavare, parliament elected Ricky Houenipwela prime minister, and he formed a new coalition government.

Civilian authorities maintained effective control over the security forces.

Human rights issues included corruption; criminalization of same-sex sexual activity, although the law was not enforced; and child labor.

The government took steps to prosecute officials who committed human rights abuses.

Section 2. Respect for Civil Liberties, Including:

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

The constitution provides for freedom of internal movement, foreign travel, emigration, and repatriation, and the government generally respected these rights. The government cooperated with the Office of the United Nations High Commissioner for Refugees and other humanitarian organizations in providing protection and assistance to internally displaced persons and other persons of concern.

INTERNALLY DISPLACED PERSONS (IDPS)

The government continued to provide land for persons displaced in 2014 and 2015 due to natural disasters.

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. The government did not grant refugee status or asylum during the year, and there were no known refugees in the country.

South Sudan

Executive Summary

South Sudan is a republic operating under the terms of a peace agreement signed in August 2015 and renewed in September. President Salva Kiir Mayardit, whose authority derives from his 2010 election as president of what was then the semiautonomous region of Southern Sudan within the Republic of Sudan, is chief of state and head of government. International observers considered the 2011 referendum on South Sudanese self-determination, in which 98 percent of voters chose to separate from Sudan, to be free and fair. Since then all government positions have been appointed rather than elected.

Civilian authorities routinely failed to maintain effective control over the security forces.

In 2013 a power struggle within the ruling Sudan People’s Liberation Movement (SPLM) party erupted into armed conflict. President Salva Kiir accused then first vice president Riek Machar Teny of plotting a coup. The two leaders appealed to their respective ethnic communities, and the conflict spread primarily to the northwest of the country. The parties signed several ceasefire agreements, culminating in the 2015 peace agreement. A ceasefire generally held from 2015 to July 2016, when fighting broke out in Juba, eventually spreading to the rest of the country. The major warring factions signed a “revitalized” peace agreement in September, which was still holding at year’s end.

Human rights issues included government-perpetrated extrajudicial killings, including ethnically based targeted killings of civilians; forced disappearances and the mass forced displacement of approximately 4.4 million civilians; torture; arbitrary detention; harsh and life-threatening prison conditions; political prisoners; violence against, intimidation, and detention of journalists, closure of media houses, censorship, and site blocking; substantial interference with freedom of association; significant restrictions on freedom of movement; restrictions on political participation; corruption; unlawful recruitment and use of approximately 19,000 child soldiers; widespread rape of civilians targeted as a weapon of war; trafficking in persons; criminalization of LGBTI conduct, and violence against the LGBTI community.

Security force abuses occurred throughout the country. Despite one successful prosecution, impunity was widespread and remained a major problem.

Opposition forces also perpetrated serious human rights abuses, which, according to the United Nations, included unlawful killings, abduction, rape, sexual slavery, and forced recruitment.

Section 2. Respect for Civil Liberties, Including:

Spain

Executive Summary

The Kingdom of Spain is a parliamentary democracy headed by a constitutional monarch. The country has a bicameral parliament, the General Courts or National Assembly, consisting of the Congress of Deputies (lower house) and the Senate (upper house). The head of the largest political party or coalition usually is named to head the government as president of the Council of Ministers, the equivalent of prime minister. Observers considered national elections held in 2016 to be free and fair.

Civilian authorities maintained effective control over the security forces.

There were no reports of egregious human rights abuses during the year.

The government generally took steps to prosecute officials who committed human rights abuses. In some instances officials engaged in corruption and created the impression of impunity.

Section 2. Respect for Civil Liberties, Including:

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

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

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

Abuse of Migrants, Refugees, and Stateless Persons: The latest report of the National Ombudsman indicated that the center for the temporary accommodation of migrants in the enclave of Melilla was “severely overcrowded.” The center housing migrants in the enclave of Ceuta was also overcrowded.

PROTECTION OF REFUGEES

Refoulement: According to a UNHCR report on April 3, there were cases where migrants who crossed the border from Morocco to the enclaves of Ceuta and Melilla were returned to Morocco without receiving a complete eligibility review for asylum.

Access to Asylum: According to the Ministry of the Interior, by November 30, 59,048 persons arrived in the country illegally via the Mediterranean Sea or land border crossing points in Ceuta and Melilla bordering Morocco, a number higher than the total numbers for 2015, 2016, and 2017 combined.

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 CEAR, and 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 595 individuals in 2017. This number does not include refugees accepted from Italy, Greece, Turkey, and Lebanon, as part of the EU relocation and resettlement plan.

On April 9, the government granted political asylum to three Turkish citizens requesting protection from persecution related to the 2016 attempted coup against the Turkish government. They were the first Turkish nationals granted asylum by the government in connection with the attempted Turkish coup.

On September 3, in a report from a March 18-24 observation mission in Ceuta and Melilla, the COE issued found the continued use of so-called “hot returns,” whereby migrants are returned without first registering and verifying eligibility for asylum. Lawyers and UNHCR reported that in August authorities returned 116 migrants to Morocco within 24 hours of their arrival after they crossed the border to Ceuta, without first verifying whether they were eligible for asylum. Spanish authorities, the International Organization for Migration, and the Spanish Red Cross asserted the migrants were identified and provided legal counsel under the terms of the country’s migration laws. The return of the migrants was carried out under terms of a 1992 agreement with Morocco that provides for the readmission of third-country nationals who illegally entered Spain from Morocco.

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 state-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. As of April the country received 2,792 refugees (1,359 through relocation and 1,433 through resettlement) from Italy, Greece, Turkey, and Lebanon. 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. In 2017 it extended subsidiary protection to approximately 4,080 such persons.

STATELESS PERSONS

According to UNHCR, at the end of 2017, 1,596 stateless persons lived in the country. The law provides a path to citizenship for stateless persons. The law includes the obligation to grant nationality to those born in Spain of foreign parents, if both lack nationality or if legislation from neither parent’s country of nationality attributes a nationality to the child, as well as to those born in Spain whose parentage is not determined.

Sri Lanka

Executive Summary

Sri Lanka is a constitutional, multiparty democratic republic with a freely elected government. In January 2015 voters elected President Maithripala Sirisena to a five-year term. The parliament shares power with the president. August 2015 parliamentary elections resulted in a coalition government between the two major political parties with Ranil Wickremesinghe as the prime minister. Both elections were free and fair.

Civilian authorities generally maintained control over the security forces.

On October 26, President Sirisena announced the removal of Prime Minister Wickremesinghe and the appointment of former president Mahinda Rajapaksa as prime minister and subsequently announced the dissolution of parliament. Prime Minister Wickremesinghe and others challenged both actions as unconstitutional. On December 13, the Supreme Court ruled that Sirisena’s decision to dissolve parliament was unconstitutional. Following the ruling, Rajapaksa resigned and Sirisena reinstated Wickremesinghe as prime minister on December 16.

Human rights issues included unlawful killings; torture, notably sexual abuse; arbitrary detention by government forces; website blocking; violence against lesbian, gay bisexual, transgender, and intersex (LGBTI) persons and criminalization of same-sex sexual activity; and corruption. Although same-sex sexual conduct was prohibited by law, it was rarely prosecuted.

Police reportedly harassed civilians with impunity, and the government had yet to implement a mechanism to hold accountable government security personnel accused of crimes during the civil war. During the year, however, the government took steps to investigate, prosecute, and punish some officials who committed human rights abuses.

Section 2. Respect for Civil Liberties, Including:

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

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

INTERNALLY DISPLACED PERSONS (IDPS)

The country’s civil war that ended in 2009 caused widespread, prolonged displacement, including forced displacement by the government and the LTTE, particularly of Tamils. According to the Ministry of Resettlement, Rehabilitation, Northern Development, and Hindu Religious Affairs, 37,815 citizens remained IDPs as of June 30. The large majority resided in Jaffna, Kilinochchi, Mannar, and Batticaloa Districts in the north and east. While all IDPs had full freedom of movement, most were unable to return home due to land mines; restrictions designating their home areas as part of HSZs; lack of work opportunities; inability to access basic public services, including acquiring documents verifying land ownership; and lack of government resolution of competing land ownership claims and other war-related reasons. The government did not provide protection and assistance to IDPs in welfare camps.

The government promoted the return and resettlement of IDPs by returning approximately 840 acres of military-seized land and making state land available for landless IDPs. The military and other government agencies supported the resettlement of IDPs by constructing houses, schools, toilets, and providing other social services on newly released lands.

PROTECTION OF REFUGEES

Access to Asylum: The law does not provide for the granting of asylum or refugee status. The government relied on UNHCR to provide food, housing, and education for refugees in the country and to pursue third-country resettlement for them. The law does not permit refugees and asylum seekers to work or enroll in the government school system, but many worked informally.

Suriname

Executive Summary

Suriname is a constitutional democracy with a president elected by the unicameral National Assembly. Elections for the National Assembly took place in 2015. International observers considered the legislative elections to be free and fair. In 2015 the assembly elected Desire (Desi) Delano Bouterse to a second consecutive term as president.

Civilian authorities maintained effective control over the security forces.

Human rights issues included corruption, trafficking in persons, violence and abuse against women and children, use of child labor, and criminal defamation laws, although there were no prosecutions during the year.

The government took steps to investigate, prosecute, and punish officials who committed human rights abuses, whether in the security forces or elsewhere in the government. Observers nonetheless expressed concern that high public officials and security officers had impunity from enforcement.

Section 2. Respect for Civil Liberties, Including:

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

The constitution provides for freedom of internal movement, 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) in providing protection and assistance to refugees and asylum seekers.

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 country relies on UNHCR to assign refugee or asylum seeker status. Once status is confirmed, refugees or asylum seekers obtain residency permits under the alien legislation law.

The Red Cross Suriname was the local point of contact for those filing for refugee status with UNHCR.

In March the Ministry of Justice and Police passed a resolution that sets forth procedures for the formal processing of aliens filing for protective or refugee status and formalizes cooperation with the Red Cross as the UNHCR representative.

STATELESS PERSONS

A 2014 amendment to the Citizenship and Residency Law grants citizenship through place of birth to a child who is born in the country to non-Surinamese parents, but it does not automatically confer citizenship of one of the parents. The amended law aims to eliminate the possibility of statelessness among children but does not apply retroactively, so a person born before September 2014 continues to be subject to the previous citizenship rules. Thus, children born before September 2014 in undocumented Brazilian-national mining communities or to foreign women in prostitution become eligible to apply for citizenship only at the age of 18.

While officially the government does not limit services such as education to stateless children, the bureaucratic requirements of registering children for these services proved obstacles to obtaining services.

Sweden

Executive Summary

The Kingdom of Sweden is a constitutional monarchy with a freely elected multiparty parliamentary form of government. Legislative authority rests in the unicameral parliament (Riksdag). Observers considered the national elections on September 9 to be free and fair. Efforts to form a new government continued at year’s end. The king is largely a symbolic head of state. The prime minister is the head of government and exercises executive authority.

Civilian authorities maintained effective control over the security forces.

There were no reports of egregious human rights abuses.

Authorities generally prosecuted officials who committed abuses in the security services or elsewhere in the government.

Section 2. Respect for Civil Liberties, Including:

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

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

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.

Abuse of Migrants, Refugees, and Stateless Persons: Police reported several fires involving housing facilities or planned housing facilities for asylum seekers by suspected arsonists.

A report published on September 12 by UN Women found that the benefits system does not cover survivors of violence against women who are not legally resident in the country, and most shelters are not allowed to house survivors from this group. Hospital emergency rooms may treat the survivors. Private shelters may also accept illegal migrants, but may incur legal liability for hiding and housing an illegal migrant.

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. Applicants may appeal unfavorable asylum decisions.

Asylum seekers who have been denied residence are not entitled to asylum housing or a daily allowance, though many municipalities continued to support rejected asylum seekers through the social welfare system at the local level. The Council of Europe’s human rights commissioner criticized the government over delays in the appointment of guardians for unaccompanied minor refugees and in processing of asylum applications from unaccompanied minors.

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 Sweden 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 ($3,450) per adult and 15,000 kronor ($1,700) per child, with a maximum of 75,000 kronor ($8,600) per family. The country also participated in the European Reintegration Network that offers support for reintegration for returning rejected asylum seekers.

Temporary Protection: The government also provided various forms of temporary protection to individuals who may not qualify as refugees. In 2017 it provided temporary protection to 1,091 persons.

STATELESS PERSONS

According to UNHCR there were 35,101 stateless persons in the country in December 2017. The large number of stateless persons was due to the influx of migrants and refugees and the birth of children to stateless parents who remained stateless until either one parent acquired citizenship or a special application for citizenship (available for stateless children under the age of five) was made. Most stateless persons came from the Middle East (Gaza and the West Bank, Lebanon, Syria, and Iraq) and Somalia.

Stateless persons who were granted permanent residence could obtain citizenship through the same naturalization process as other permanent residents. Gaining citizenship generally took four to eight years, depending on the individual’s grounds for residency, ability to establish identity, and lack of a criminal record.

Switzerland

Executive Summary

The Swiss Confederation is a constitutional republic with a federal structure. Legislative authority resides in a bicameral parliament (Federal Assembly) consisting of the 46-member Council of States and the 200-member National Council. Federal elections in 2015 were considered free and fair. Parliament elects the executive leadership (the seven-member Federal Council) every four years, and did so in 2015. A four-party coalition made up the Federal Council.

Civilian authorities maintained effective control over the security forces.

There were no reports of egregious human rights abuses.

The government took steps to prosecute and punish officials who committed violations, whether in the security services or elsewhere in the government.

Section 2. Respect for Civil Liberties, Including:

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

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

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

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.

Following media reports of asylum seekers younger than 15 being held in deportation prisons, authorities in the cantons of Zurich and Bern decided to stop incarcerating asylum seekers who are minors; the Federal Council announced in October that the State Secretariat for Migration (SEM) will instead task cantons with establishing alternative accommodation for asylum-seeking minors. Members of parliament alleged that the practice breached the UN Convention on the Rights of the Child. The Federal Council stated that the practice occurs very rarely.

In September the UN Committee against Torture called the SEM’s attempt to deport an asylum-seeking Eritrean torture victim back to Italy “inhumane” on the grounds that the man’s psychiatric condition required a re-examination. The SEM’s investigation into the case was pending as of November.

The SEM stated that many unaccompanied minors fled the country’s official reception centers after applying for asylum, and authorities were unable to verify their whereabouts. The NGO Terre des Hommes expressed concern over missing underage asylum seekers becoming victims of trafficking. Terre des Hommes further stated that 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 that asylum centers often restricted the private sphere and safety of female refugees, due to bedrooms and bathrooms not always being gender segregated. According to the NGO, perpetrators of sexual violence comprised asylum seekers, caregivers, and security personnel.

On July 12, the NCPT released its annual report on deportation flights. Between April 2017 and March, the country forcibly deported 317 persons, including 28 families and 28 children, to their countries of origin. The NCPT regarded the treatment of deportees as generally professional. The committee, however, criticized the deportation of seven-months’ pregnant women 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.

NGOs working with refugees continued to complain that officials often effectively denied detained asylum seekers proper legal representation in deportation cases due to their financial inability to hire an attorney. Authorities provided free legal assistance only during the initial phase of the asylum application process and in cases of serious criminal offenses, deeming deportation of asylum seekers an administrative, rather than a judicial, process.

PROTECTION OF REFUGEES

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. In July 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. The ruling followed previous criticism by the UN special rapporteur on the human rights of migrants over the Administrative Court’s February 2017 decision to no longer grant protection to Eritrean asylum seekers who illegally departed their country.

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.

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 is a signatory to the EU’s Dublin III Regulation.

Employment: The law prohibits asylum seekers from working during the first three months following their arrival in the country, and authorities can extend that prohibition for an additional three months if the SEM rejects the asylum application within the first three months. After three months asylum seekers may seek employment in industries with labor shortages, such as in the hospitality, construction, healthcare, or agricultural sectors.

Access to Basic Services: The cantons assumed the main responsibility for providing housing, general assistance, and care to asylum applicants during the processing phase. Shortages of appropriate housing for asylum seekers remained a problem. Asylum seekers have the right to basic medical care, and the children of asylum seekers are entitled to attend school until ninth grade (the last year for which school is mandatory).

A study published in August 2017 by Bern’s University of Applied Sciences reported shortages in asylum centers’ health-care services for pregnant women. According to the report, a lack of translation services prevented patients from receiving adequate psychological support, while access to female-specific contraception was limited due to the unsubsidized cost of the prescription.

To accommodate increasing numbers of asylum seekers, the SEM continued to house hundreds of asylum seekers in remote rural areas or in decommissioned military establishments–several of them underground–retrofitted to serve as short-term housing. In May 2017 the SEM commenced a pilot project to end the ban on mobile phones for asylum seekers and took additional steps to provide suitable care for minor asylum seekers in federal centers.

Durable Solutions: In 2016 the government announced it would accept an additional 2,000 Syrian refugees until 2019 as part of a UNHCR resettlement program. In 2015 the government agreed to accept 3,000 Syrian refugees between 2015 and 2018 under the UNHCR resettlement program. As of August, 2,231 of these had arrived in the country.

Temporary Protection: In 2017 the government granted temporary admission to 8,419 individuals, 966 of whom the government designated as refugees.

Syria

Executive Summary

President Bashar Assad has ruled the Syrian Arab Republic since 2000. The constitution mandates the primacy of Baath Party leaders in state institutions and society, and Assad and Baath party leaders dominate all three branches of government as an authoritarian regime. An uprising against the government that began in 2011 continued throughout the year. The 2014 presidential election and the 2016 parliamentary elections resulted in the election of Assad and 200 People’s Council (Syrian parliament) seats for the Baath Party-led National Progressive Front, respectively. Both elections took place in an environment of widespread government coercion, and many Syrians residing in opposition-held territory did not participate in the elections. Observers did not consider the elections free or fair.

Civilian authorities maintained effective control over the uniformed military, police, and state security forces but did not maintain effective control over foreign and domestic military or paramilitary organizations. These progovernment forces included Russian armed forces, Hizballah, the Islamic Revolutionary Guard Corps, and nonuniformed progovernment militias, such as the National Defense Forces.

Government and progovernment forces launched a massive assault on the Damascus suburbs of eastern Ghouta, culminating in the government’s recapture in April of an area it had besieged since 2013. The assault by the government and progovernment forces involved use of heavy weapons, likely use of chemical weapons, and deliberate denial of humanitarian aid. Government and progovernment forces launched an assault on opposition-controlled areas of Daraa Province, considered the cradle of the revolution that began in 2011, and reasserted government control in July. The assault killed hundreds of civilians and displaced hundreds of thousands.

Human rights issues included reports of unlawful or arbitrary killings by the government, including those involving the repeated use of chemical weapons, including chlorine and other substances; enforced disappearances; torture, including torture involving sexual violence; arbitrary detention; harsh and life-threatening prison conditions, including denial of medical care; prisoners of conscience; arbitrary or unlawful interference with privacy; undue restrictions on free expression, including restrictions on the press and access to the internet, including censorship and site blocking; substantial suppression of the rights of peaceful assembly and freedom of association; severe suppression of religious freedom; undue restrictions on freedom of movement; restrictions on political participation; high-level and widespread corruption; unlawful recruitment and use of child soldiers by the government and other armed actors; trafficking in persons; criminalization of lesbian, gay, bisexual, transgender, and intersex (LGBTI) status or conduct; violence and severe discrimination targeting LGBTI persons; and severe restrictions on workers’ rights.

The government took no steps to identify, investigate, prosecute, or punish officials who committed human rights violations or abuses. Impunity was pervasive and deeply embedded in the security forces and elsewhere in the government.

Government-linked paramilitary groups reportedly engaged in frequent violations and abuses, including massacres, indiscriminate killings, kidnapping civilians, arbitrary detentions, and rape as a war tactic. Government-affiliated militias, including the terrorist organization Lebanese Hizballah, supported by Iran, repeatedly targeted civilians.

There were reports that armed opposition groups carried out what were characterized as indiscriminate attacks in the battle in eastern Ghouta and that they arbitrarily arrested and tortured civilians in Douma. Syrian opposition groups supported by the Turkish government reportedly looted and confiscated homes belonging to Kurdish residents in Afrin.

Some Kurdish forces reportedly unlawfully restricted the movement of persons in liberated areas and arbitrarily arrested some local civil council leaders, teachers, and other civilians. Elements affiliated with the Syrian Democratic Forces (SDF), a coalition of Syrian Kurds, Arabs, Turkmen, and other minorities that included members of the Kurdish Peoples Protection Units (YPG), reportedly engaged in forced conscription, to include limited conscription of children. In September the SDF issued a military order banning the recruitment of anyone younger than age 18 and ordering their military records office to verify the ages of those currently enlisted.

Armed terrorist groups, such as the al-Qa’ida-linked Hayat Tahrir al-Sham (HTS), also committed a wide range of abuses, including massacres, unlawful killings, bombings, and kidnappings; unlawful detention; torture; and forced evacuations from homes based on sectarian identity. ISIS lost the majority of territory it once controlled, limiting its ability to subject large populations to human rights violations. Although severely weakened, ISIS attacked members of religious minority groups and subjected women and girls to routine rape, forced marriages, sexual slavery, human trafficking, and murder.

Russian forces were reportedly implicated in the deaths of civilians resulting from air strikes characterized as indiscriminate, particularly during support of the government’s military campaigns in the Damascus suburbs of eastern Ghouta, including Douma.

Foreign forces fighting ISIS were implicated in civilian casualties reportedly in Afrin and Raqqa.

Section 2. Respect for Civil Liberties, Including:

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

The constitution provides for freedom of movement “within the territories of the state unless restricted by a judicial decision or by the implementation of laws,” but the government, ISIS, and other armed groups restricted internal movement and travel and instituted security checkpoints to monitor such travel throughout the regions under their respective control. Government sieges in Homs, Damascus, rural Damascus, Deir al-Zour, and Idlib Governorates restricted the freedom of movement and resulted in documented cases of death, starvation, and severe malnutrition, while forced evacuations following sieges resulted in mass displacement and additional breakdowns in service provision and humanitarian assistance (see section 1.g.).

The government inconsistently cooperated with UNHCR and other humanitarian organizations in providing protection and assistance to IDPs, refugees, asylum seekers, stateless persons, and other persons of concern. The government provided some cooperation to the UN Relief and Works Agency for Palestinian Refugees in the Near East (UNRWA).

Abuse of Migrants, Refugees, and Stateless Persons: Both government and opposition forces reportedly besieged, shelled, and otherwise made inaccessible some Palestinian refugee camps, neighborhoods, and sites, which resulted in severe malnutrition, lack of access to medical care and humanitarian assistance, and civilian deaths.

In-country Movement: In government-besieged cities throughout the country, government forces blocked humanitarian access, leading to severe malnutrition, lack of access to medical care, and death. The violence, coupled with significant cultural pressure, severely restricted the movement of women in many areas. Additionally, the law allows certain male relatives to place travel bans on women.

The government expanded security checkpoints into civilian areas to monitor and limit movement. Government forces reportedly used snipers to prevent protests, enforce curfews, target opposition forces, and, in some cases, prevent civilians from fleeing besieged towns. The government also barred foreign diplomats from visiting most parts of the country and rarely granted them permission to travel outside Damascus. The consistently high level and unpredictability of violence severely restricted movement throughout the country.

In areas they still controlled, armed opposition groups and terrorist groups such as HTS and ISIS also restricted movement, including with checkpoints (see section 1.g.). According to the COI, long desert detour routes exposed drivers and passengers to arbitrary arrest, unlawful search and seizure of property, demands for bribes, and detention and execution at checkpoints administered by ISIS, the government, and other armed actors.

While the SDC and SDF generally supported IDP communities in northeast Syria, in July HRW claimed that the SDC and members of the Kurdish Autonomous Administration operating in Deir al-Zour and Raqqa confiscated the identification cards of IDPs in camps and prevented their freedom of movement. According to UN and HRW allegations, the SDF in some instances required IDPs to obtain “sponsorship” to move to traditionally Kurdish areas controlled by the Kurdish Autonomous Administration in Qamishli, Hasakeh, and Kobani.

In the remaining areas under its control, ISIS restricted the movement of government supporters or assumed supporters, especially the Alawite and Shia populations, as well as Yezidi, Christian, and other captives. ISIS reportedly did not permit female passengers to traverse territory it controlled unless accompanied by a close male relative.

Foreign Travel: While citizens have the right to travel internationally, the government denied passports and other vital documents based on the applicant’s political views, association with opposition groups, or ties to geographic areas where the opposition dominated. The government also imposed exit visa requirements and routinely closed the Damascus airport and border crossings, claiming the closures were due to violence or threats of violence. For example, local media reported that every man between the ages of 17 and 42 must obtain approval from the conscription office before leaving the country. Additionally, the government often banned travel by human rights or civil society activists, their families, and affiliates. Many citizens reportedly learned of the ban against their travel only when authorities prevented them from departing the country. The government reportedly applied travel bans without explanation or explicit duration, including in cases when individuals sought to travel for health reasons. The government comprehensively banned international travel of opposition members, often targeting any such individual who attempted to travel. Local media and human rights groups repeatedly stated that opposition activists and their families hesitated to leave the country, fearing attacks at airports and border crossings.

The government also often refused to allow citizens to return. According to numerous media outlets, Major General Abbas Ibrahim, head of Lebanon’s General Security directorate, stated that in coordinating the return of Syrian refugees from Lebanon, the Syrian government reviews a list of names and “on average” rejects 10 percent of them.

Syrians born abroad to parents who fled the conflict and remained in refugee camps generally did not have access to Syrian citizenship documents. The government allowed Syrians living outside of the country, whose passports expired, to renew their passports at consulates. Many who fled as refugees, however, feared reporting to the government against which they may have protested or feared the government could direct reprisals against family members still in the country.

Women older than age 18 have the legal right to travel without the permission of male relatives, but a husband may file a request with the Interior Ministry to prohibit his wife from departing the country.

There were reports ISIS destroyed Syrian passports and legal records and produced its own passports, not recognized by any country or entity. These policies disproportionately affected children, because many left the country before obtaining a passport or identification card. ISIS explicitly prohibited women from foreign travel.

INTERNALLY DISPLACED PERSONS (IDPS)

During the year violence continued to be the primary reason for displacement, much of it attributed to government and Russian aerial attacks. Government and progovernment evacuations of besieged areas, often overseen by Russian forces, forcibly displaced hundreds of thousands of persons. Years of conflict and evacuations repeatedly displaced persons, and each displacement depleted family assets. In September the United Nations estimated there were more than 6.2 million IDPs in the country, including 1.5 million new IDPs since the start of the year. The United Nations estimated that 750,000 IDPs returned to their places of origin during the first half of the year. Up to 1.2 million persons lived in UN-designated hard-to-reach areas. UN humanitarian officials reported that most IDPs sought shelter with host communities or in collective centers, abandoned buildings, or informal camps. The humanitarian response to the country was coordinated through a complex bureaucratic structure. The crisis inside the country continued to meet the UN criteria for a level 3 response–the global humanitarian system’s classification for response to the most severe, large-scale humanitarian crises.

The government generally did not provide sustainable access to services for IDPs, did not offer IDPs assistance or protection, did not facilitate humanitarian assistance for IDPs, and provided inconsistent protection. The government forcibly displaced populations from besieged areas and restricted movement of IDPs. The government did not promote the safe, voluntary, and dignified return, resettlement, or local integration of IDPs and, in many cases, refused to allow IDPs to return home. Seven Syrians who had attempted to return to their homes in Darayya and Qaboun, or whose immediate relatives attempted to return in May and July, told HRW that they or their relatives were unable to access their residential or commercial properties. According to HRW, the government was imposing town-wide restrictions on access to Darayya and in Qaboun the government either had restricted access to their neighborhoods or had demolished the property of the Syrians attempting to return. The government routinely disrupted the supply of humanitarian aid, including medical assistance, to areas under siege as well as to newly recaptured areas (see section 1.g.).

The SARC functioned as the main partner for international humanitarian organizations working inside the country to provide humanitarian assistance in government and some opposition-controlled areas. NGOs operating from Damascus faced government bureaucratic obstruction in attempting to provide humanitarian assistance. UN agencies and NGOs sought to increase the flow of assistance to opposition-held areas subject to government offensives to meet growing humanitarian needs, but the government increasingly restricted cross-line operations originating from Damascus. Cross-border operations from Turkey, Jordan, and Iraq, provided humanitarian assistance, but these halted from Jordan in June when the government retook territory in the southwest up to the Syria-Jordan border. While humanitarian aid was provided cross-border from Turkey to northwest Syria (Idlib and Aleppo) via two border crossings, Turkey prohibited the provision of humanitarian and stabilization aid to areas of northeast Syria from Turkey.

Assistance reached some hard-to-reach locations, but the government continued to hinder UN and NGO access, and the government secured control over many of these areas during the year. For example, humanitarian organizations reported throughout the summer that the government did not permit UN agencies the sustained access required to conduct detailed needs assessments for vulnerable populations in Quneitra. The United Nations reported that as of November only seven humanitarian assistance convoys had accessed hard-to-reach areas during the year, providing assistance to approximately 220,000 persons.

In early November the United Nations and SARC delivered humanitarian assistance to approximately 50,000 persons in need at Rukban camp in southeast Syria near the Jordanian border. Additionally, the convoy provided an emergency vaccination campaign to protect some 5,000 children against measles, polio, and other diseases. The overall humanitarian situation in Rukban camp had reached a dire state, with reported shortages of basic commodities, protection concerns, increasing violence, and the death of several children who reportedly were unable to obtain the further medical treatment they needed, according to the United Nations. Prior to the delivery of humanitarian goods, the last UN delivery of assistance to Rukban was in January, delivered through Jordan. Prior to the November delivery, the government refused to authorize a convoy to travel from Damascus to Rukban.

Armed opposition groups, and terrorist groups such as HTS and ISIS, also impeded humanitarian assistance to IDPs. For example, in March the United Nations criticized the Turkish-backed armed opposition groups, including the FSA, for providing inconsistent, restricted access to IDPs in Afrin. In October the United Kingdom temporarily suspended the delivery of aid to Syria’s northwestern Idlib Province due to HTS taxes on aid trucks. The United Kingdom subsequently resumed aid delivery and, as of November, was still delivering aid to Idlib Province. The SDF and SDC generally facilitated the safe and voluntary return of IDPs during the year, particularly to Raqqa.

PROTECTION OF REFUGEES

Refoulement: UNHCR maintained that conditions for refugee return to Syria in safety and dignity were not yet in place and did not promote, nor facilitate, the return of refugees to Syria during the year. In July, however, the government and Russia began a diplomatic campaign to encourage the return of refugees to Syria. While Russia reportedly was eager to use the return of Syrian refugees as a means to secure international donations for Syria reconstruction efforts, the Syrian government adopted a more cautious approach on promoting the return of refugees, reportedly due to the government’s suspicion that many Syrian refugees supported the opposition.

Access to Asylum: The law provides for the granting of asylum or refugee status, and the government has established a system for providing protection to refugees. UNHCR and UNRWA were able to maintain limited protection areas for refugees and asylum seekers, although violence hampered access to vulnerable populations. In coordination with both local and international NGOs, the United Nations continued to provide such individuals essential services and assistance.

Employment: The law does not explicitly grant refugees, except for Palestinians, the right to work. While the government rarely granted non-Palestinian refugees a work permit, many refugees found work in the informal sector as guards, construction workers, street vendors, and in other manual jobs.

Access to Basic Services: The law allows for the issuance of identity cards to Palestinian refugees and the same access to basic services provided to citizens. The government also allowed Iraqi refugees access to publicly available services, such as health care and education, but residency permits were available only to those refugees who entered the country legally and possessed a valid passport, which did not include all refugees. The lack of access to residency permits issued by authorities exposed refugees to risks of harassment and exploitation, and severely affected their access to public services. The approximately 48,000 non-Palestinian refugees and asylum seekers in the country faced growing protection risks, multiple displacements, tightened security procedures at checkpoints, and difficulty obtaining required residency permits, all of which resulted in restrictions on their freedom of movement. UNHCR reported a rise in sexual- and gender-based violence and child-protection concerns among refugees, including child labor, school dropouts, and early marriages.

STATELESS PERSONS

Following the 1962 census, approximately 150,000 Kurds lost their citizenship. A legislative decree had ordained the single-day census in 1962, and the government executed it unannounced with regard to the inhabitants of al-Hasakah Governorate. Anyone not registered for any reason or without all required paperwork became “foreign” from that day onward. The government at the time argued it based its decision on a 1945 wave of alleged illegal immigration of Kurds from neighboring states, including Turkey, to Hasakah, where they allegedly “fraudulently” registered as Syrian citizens. In a similar fashion, authorities recorded anyone who refused to participate as “undocumented.” Because of this loss of citizenship, these Kurds and their descendants lacked identity cards and could not access government services, including health care and education. They also faced social and economic discrimination. Stateless Kurds do not have the right to inherit or bequeath assets, and their lack of citizenship or identity documents restricted their travel to and from the country.

In 2011 President Assad decreed that stateless Kurds in al-Hasakah Governorate who were registered as “foreigners” could apply for citizenship. It was unclear how many Kurds benefited from the decree. UNHCR reported that approximately 40,000 of these Kurds remained unable to obtain citizenship. Likewise, the decree did not extend to the approximately 160,000 “unregistered” stateless Kurds. The change from 150,000 to 160,000 reflected an approximate increase in population since the 1962 census.

Children derive citizenship solely from their father. Because women cannot confer nationality on their children, an unknown number of children whose fathers were missing or deceased due to the continuing conflict were at risk of statelessness. Mothers could not pass citizenship to children born outside the country, including in neighboring countries operating refugee camps. Children who left the country during the conflict also experienced difficulties obtaining identification necessary to prove citizenship and obtain services.