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Argentina

Executive Summary

Argentina is a federal constitutional republic. Mauricio Macri won election to the presidency in 2015 in multiparty elections the media and various nongovernmental organizations (NGOs) described as generally free and fair. The country held midterm elections in October for one-third of the Senate and one-half of the Chamber of Deputies.

Civilian authorities maintained effective control over the security forces.

The most significant human rights issues included torture by federal and provincial police; harsh and life-threatening prison conditions; interference in judicial independence; corruption at all levels of government; gender-based killings of women; and forced labor despite government efforts to combat it.

Judicial authorities indicted and prosecuted a number of current and former government officials who committed abuses during the year, including a number of investigations against high-level officials of the former 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 and other humanitarian organizations in providing protection and assistance to refugees, asylum seekers, and other persons of concern.

On January 27, the government reformed its immigration law. Local NGOs expressed concern that new regulations introduced barriers to migrant admission, complicated obtaining legal residency, accelerated deportation procedures, and restricted access to citizenship.

PROTECTION OF REFUGEES

Access to Asylum: The law provides for the granting of refugee status, and the government has established a system for providing protection to refugees. Decisions on asylum petitions may take up to two years to adjudicate.

Bolivia

Executive Summary

Bolivia is a constitutional, multiparty republic with an elected president and a bicameral legislature. In 2014, in a process deemed free but whose fairness was questioned by international observers, citizens re-elected President Evo Morales Ayma, leader of the Movement Toward Socialism Party (MAS), for a third term. In 2016 the government held a referendum to allow the president to seek a fourth term in office. Citizens voted the measure down in a process that international observers deemed mostly fair and free.

Civilian authorities maintained effective control over the security forces.

The most significant human rights issues included torture; harsh prison conditions; lack of judicial independence and widespread corruption in the law enforcement and judicial system, leading to denial of a fair and timely public trial; prosecutions of political opponents whom some analysts characterized as political prisoners; use of tax audits to punish press critical of the government, censorship, and physical assaults on journalists produced severe restrictions on freedom of the press; selective enforcement of regulations significantly to interfere in the exercise of freedom of assembly and association; corruption at all levels of government, with immunity from prosecution afforded senior officials; societal killings of women and lesbian, gay, bisexual, transgender, and intersex (LGBTI) individuals, which the government investigated in some cases; trafficking in persons; mob violence couched as vigilante justice; and forced labor and child labor.

Although the government took steps in some cases to prosecute members of the security services and other government officials who committed abuses, inconsistent application of the law and a dysfunctional judiciary led to impunity.

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

In-country Movement: The law prohibits travel on election days and on census days and restricts foreign and domestic travel for up to three months as a penalty for persons who do not vote.

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 through the National Commission on Refugees. The country has a legal structure and framework to accommodate those seeking refuge and has a registry of refugees and stateless persons.

Employment: Refugees have the right to work once authorities grant their residency status but not while waiting on pending applications.

Durable Solutions: By law refugees have a path to naturalization, and the government assumes 90 percent of the fees associated with this process. As of June the government had granted citizenship to 10 refugees.

Brazil

Executive Summary

Brazil is a constitutional, multiparty republic. In 2014 voters re-elected Dilma Rousseff as president in elections widely considered free and fair. In August 2016 Rousseff was impeached, and the vice president, Michel Temer, assumed the presidency as required by the constitution.

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

The most significant human rights issues included arbitrary deprivation of life and other unlawful killings; poor and sometimes life-threatening prison conditions; violence against and harassment of journalists and other communicators; official corruption at the highest levels of government; societal violence against indigenous populations; societal violence against lesbian, gay, bisexual, transgender, and intersex persons; killings of human rights defenders; and forced labor.

The government prosecuted officials who committed abuses; however, impunity and a lack of accountability for security forces was a problem, and an inefficient judicial process delayed justice for perpetrators as well as victims.

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 National Committee for Refugees cooperated with the Office of the UN High Commissioner for Refugees and other humanitarian organizations in providing protection and assistance to refugees, 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. By law refugees are provided official documentation, access to legal protection, and access to public services. In May President Temer signed a new migration law, replacing the Foreigner Statue of 1980; the new law was to go into effect in November. Conditions for granting and maintaining asylum under the new law are to be delineated through the regulation process, which was scheduled to be completed by November.

In 2016 a significantly increasing number of Venezuelan economic migrants, asylum seekers, and refugees began arriving in Roraima State in the north. As of August the government had registered 14,400 official requests for asylum from Venezuelans, and 100-150 new applicants were appearing daily.

Temporary Protection: In March the National Immigration Council issued a decree allowing Venezuelans who enter the country via a land border to apply for a two-year residency permit. According to the Federal Police, as of the beginning of November, 2,700 Venezuelans had submitted requests for temporary residence status.

Chile

Executive Summary

Chile is a constitutional multiparty democracy. Chile held presidential elections November 19 in an election observers considered free and fair. Former president and center-right candidate Sebastian Pinera and center-left independent Senator Alejandro Guillier advanced to a December 17 presidential runoff, which was won by Pinera. The country also held concurrent legislative elections.

Civilian authorities maintained effective control over the security forces.

The principal human rights issues concerned harsh conditions in some prisons; abuse of minors under the state’s care; violence against lesbian, gay, bisexual, transgender, and intersex (LGBTI) persons; and violence, including police abuse, against indigenous populations.

The government took steps to investigate and prosecute officials who committed 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 UN High Commissioner for Refugees (UNHCR) and other humanitarian organizations in providing protection and assistance to internally displaced persons, refugees, returning refugees, asylum seekers, stateless persons, or other persons of concern.

PROTECTION OF REFUGEES

Access to Asylum: The law provides for the granting of asylum or refugee status, and the government has established a system for providing protection to refugees, including access to education and health care. The country recognized approximately 2,000 refugees, including 60 Syrians. On May 25, the government launched the project Chile Reconoce, designed to extend Chilean citizenship to children of refugees and immigrants born in Chile. UNHCR reported 100 children who were at risk of statelessness were able to confirm their Chilean nationality as a result of the project.

Colombia

Executive Summary

Colombia is a constitutional, multiparty republic. In 2014 voters elected Juan Manuel Santos president in elections that observers considered free and fair.

Civilian authorities generally maintained effective control over security forces.

The most significant human rights issues included extrajudicial and unlawful killings; reports of torture and arbitrary detention; corruption; rape and abuse of women and children by illegal armed groups; forced abortion carried out by illegal armed groups; and violence against lesbian, gay, bisexual, transgender, and intersex persons. Violence against and forced displacement of Afro-Colombian and indigenous persons persisted, as did illegal child labor and killings and other violence against trade unionists.

The government took steps to investigate, prosecute, and punish officials who committed human rights abuses, including judges, mayors, and other local authorities.

The government and the Revolutionary Armed Forces of Colombia (FARC), formerly the country’s largest guerrilla insurgency group, continued to implement the November 2016 peace accord. The agreement provides for the creation of a Comprehensive System for Truth, Justice, Reparation and Non-Repetition, including the establishment of a Special Jurisdiction for Peace (SJP, or JEP in Spanish) designed to investigate and ensure accountability for serious conflict-related crimes. The FARC completed its disarmament on August 15, and former members reincorporated as a political party on September 1. The government and a smaller guerrilla force, the National Liberation Army (ELN), announced on September 4 a temporary, bilateral ceasefire (the first-ever such agreement during the 50-year conflict with the ELN), which began on October 1 while peace talks continued. There were reports the ELN violated the agreement during the year. The ELN perpetrated armed attacks across the country for much of the year, mostly prior to the temporary ceasefire. In September the government received an offer from the Gulf Clan (formerly known as Clan Usuga or Los Urabenos), the country’s largest criminal organization, to demobilize through a surrender (“sometimiento”) process, or submission to justice. Illegal armed groups and drug trafficking gangs continued to operate, with approximately 2,900 members nationwide. Illegal armed groups, as well as narcotics traffickers, were significant perpetrators of human rights abuses and violent crimes and committed acts of extrajudicial and unlawful killings, political killings, extortion, kidnapping, torture, human trafficking, bombings and use of landmines, restriction on freedom of movement, recruitment and use of child soldiers, and intimidation of journalists, women, and human rights defenders.

Section 2. Respect for Civil Liberties, Including:

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

The law provides for freedom of internal movement, foreign travel, emigration, and repatriation. The government generally respected these rights, although there were exceptions. Military operations and armed conflict in certain rural areas restricted freedom of movement.

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

In-country Movement: There were no government restrictions on movement within the country. Organized criminal gangs, ELN guerrillas, and other illegal armed groups continued to establish illegal checkpoints on rural roads.

International organizations also reported that illegal armed groups confined rural communities through roadblocks, curfews, car bombs at egress routes, and IEDs in areas where narcotics cultivation and trafficking persisted. According to the UN Office for the Coordination of Humanitarian Affairs (OCHA), between January and October, more than 105,000 persons faced mobility restrictions that limited their access to essential goods and services due to armed incidents and geographical factors. This reflected a 54 percent increase compared with 2016. Additionally, OCHA identified 25 events where humanitarian actors faced restrictions in access to communities by armed groups.

INTERNALLY DISPLACED PERSONS (IDPS)

The armed conflict, especially in remote areas, was the major cause of internal displacement. The government, international organizations, and civil society identified various factors driving displacement, including threats, extortion, and physical, psychological, and sexual violence by illegal armed groups against civilian populations, particularly women and girls. Competition and armed confrontation between and within illegal armed groups for resources and territorial control and confrontations between security forces, guerrillas, and organized criminal gangs, in addition to forced recruitment of children or threats of forced recruitment, were also drivers of displacement. Some NGOs asserted that counternarcotics efforts, illegal mining, and large-scale commercial ventures in rural areas also contributed to displacement.

The NGO Consultancy for Human Rights and Displacement (CODHES) reported 12,346 persons displaced from January through July 31. The NGO indicated the departments with the highest numbers of IDPs from mass displacements in the year were Choco (22 displacements), Antioquia (12 displacements), Norte de Santander (10 displacements), and Narino (11 displacements). CODHES also reported six land-rights leaders were killed and five land-rights claimants were killed from January 1 through July 30.

As of July the NPU was providing protection services to 344 land-restitution leaders.

As of November 1, the government reported the Victims’ Unit listed 8,250,270 displaced in the Single Victims Registry, with registrants dating back to 1985. Victims’ Unit statistics showed new displacements occurred primarily in areas where narcotics cultivation and trafficking persisted, especially where guerrilla groups and organized criminal gangs were present.

The Victims’ Unit maintained the Single Victims Registry as mandated by law. Despite improvements in the government registration system, IDPs experienced delays in receiving responses to their displacement claims because of a large backlog of claims built up during several months. Government policy provides for an appeals process in the case of refusals.

The ELN and organized criminal gangs continued to use force, intimidation, and disinformation to discourage IDPs from registering with the government. Guerrilla agents sometimes forced local leaders and community members to demonstrate against government efforts to eradicate illicit crops and forced communities to displace as a form of coerced protest against eradication. International organizations and civil society expressed concern over urban displacement caused by violence stemming from territorial disputes between criminal gangs, some of which had links to larger criminal and narcotics trafficking groups.

The Victims’ Unit cited extortion, recruitment by illegal armed groups, homicides, and physical and sexual violence as the primary causes of intra-urban displacement. UNHCR reported that in some departments displacement disproportionately affected indigenous and Afro-Colombian groups.

The National Indigenous Organization of Colombia estimated the number of displaced indigenous persons to be much higher than indicated by government reports, since many indigenous persons did not have adequate access to registration locations due to geographic remoteness, language barriers, or unfamiliarity with the national registration system.

The NGO AFRODES stated that threats and violence against Afro-Colombian leaders and communities continued to cause high levels of forced displacement, especially in the Pacific Coast region. AFRODES and other local NGOs repeatedly expressed concern that large-scale economic projects, such as agriculture and mining, contributed to displacement in their communities.

Fifty-two government agencies are responsible by law for assisting registered IDPs. International organizations and NGOs maintained that the quality of programs providing emergency assistance, shelter, and income generation needed strengthening. Emergency response capacity at the local level was weak, and IDPs continued to experience prolonged periods of vulnerability while waiting for assistance.

A specialized unit of the Attorney General’s Office–established through an agreement with the government’s former social agency, Social Action (which the DPS replaced), the Attorney General’s Office, and the CNP–investigated cases of forced displacement and disappearances.

Dozens of international organizations, international NGOs, and domestic nonprofit groups, including UNHCR, International Organization for Migration, World Food Program, ICRC, and Colombian Red Cross, coordinated with the government to provide emergency relief and long-term assistance to displaced populations.

The Victim’s Unit was unable to provide humanitarian assistance for recent displacements until August due to contracting delays. International organizations and NGOs remained concerned about the slow and insufficient institutional response to displacement. As a result, NGOs took responsibility for providing humanitarian assistance to recently displaced individuals. International organizations and civil society reported that a continuing lack of local capacity to accept registrations in high-displacement areas often delayed by several weeks or months assistance to persons displaced individually or in smaller groups. Humanitarian organizations attributed the delays to a variety of factors, including the lack of personnel, funding, declaration forms, and training. Insecurity in communities affected by the conflict, including areas in the departments of Antioquia, Cauca, Choco, and Narino, sometimes delayed national and international aid organizations from reaching newly displaced populations.

Despite several government initiatives to enhance IDP access to services and awareness of their rights, in many parts of the country, municipalities did not have the resources or capacity to respond to new displacements and provide humanitarian assistance to IDPs. Many IDPs continued to live in poverty in unhygienic conditions and with limited access to health care, education, and employment.

Displaced persons also sought protection across international borders. UNHCR stated that Colombia was the country of origin for 360,000 refugees and persons in a refugee-like situation, the majority in Ecuador, Venezuela, Costa Rica, and Panama. UNHCR estimated that between 400 and 500 Colombians crossed into Ecuador every month. The governments of Colombia and Ecuador continued to meet throughout the year regarding the situation of Colombian refugees in Ecuador, and the Colombian government offered a program to assist Colombian refugees in Ecuador who returned to Colombia.

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. According to the government, it had approved 50 applications for refugee status since 2009. Between January 1 and October 2, the government reported it received 400 new applications for refugee status, none of which was approved during the year. Venezuelans represented 85 to 90 percent of applications during the year. Authorities stated that the asylum process took at least one year, during which solicitants were given a permit to stay in the country but were not allowed to work.

Responding to increased migration flows, the government introduced in February registration for border mobility cards that allow Venezuelans the right to enter Colombia temporarily for family or business purposes. The cards do not afford bearers the right to travel beyond border areas, to work, or to reside in Colombia. As of October 31, more than 1.2 million border cards had been issued to Venezuelans. In addition, the government established a “Special Residency Permit” (PEP) to allow Venezuelans who had legally entered Colombia before July 28 to regularize their status and receive work authorization. As of October 31, the last day to register for the PEP, approximately 79,000 PEPs had been issued.

The government reported a continuing rise in the smuggling of migrants from outside the region through Colombia en route to the United States and Canada. According to INTERPOL, as many as 34,000 migrants were detected in the country during the year. INTERPOL and migration officials reported most of the undocumented migrants were Haitians (20,366) and Cubans (8,167), followed by Africans and Asians, and that most entered through Ecuador, Venezuela, and Brazil. While the government generally provided access to the asylum process for persons who requested international protection, many abandoned their applications and continued on the migration route.

Venezuela

Executive Summary

Venezuela is formally a multiparty, constitutional republic, but for more than a decade, political power has been concentrated in a single party with an increasingly authoritarian executive exercising significant control over the legislative, judicial, citizens’, and electoral branches of government. The Supreme Court determined Nicolas Maduro to have won the 2013 presidential elections amid allegations of pre- and postelection fraud, including government interference, the use of state resources by the ruling party, and voter manipulation. The opposition gained super majority two-thirds control of the National Assembly in the 2015 legislative elections. The executive branch, however, used its control over the Supreme Court (TSJ) to weaken the National Assembly’s constitutional role to legislate, ignore the separation of powers, and enable the president to govern through a series of emergency decrees.

Civilian authorities maintained effective, although politicized, control over the security forces.

Democratic governance and human rights deteriorated dramatically during the year as the result of a campaign of the Maduro administration to consolidate its power. On March 30, the TSJ annulled the National Assembly’s constitutional functions, threatened to abolish parliamentary immunity, and assumed significant control over social, economic, legal, civil, and military policies. The TSJ’s actions triggered large-scale street protests through the spring and summer in which approximately 125 persons died. Security forces and armed progovernment paramilitary groups known as “colectivos” at times used excessive force against protesters. Credible nongovernmental organizations (NGOs) reported indiscriminate household raids, arbitrary arrests, and the use of torture to deter protesters. The government arrested thousands of individuals, tried hundreds of civilians in military tribunals, and sentenced approximately 12 opposition mayors to 15-month prison terms for alleged failure to control protests in their jurisdictions.

On May 1, President Maduro announced plans to rewrite the 1999 constitution, and on July 30, the government held fraudulent elections, boycotted by the opposition, to select representatives to a National Constituent Assembly (ANC). On August 4, the ANC adopted a “coexistence decree” that effectively neutralized other branches of government. Throughout the year the government arbitrarily stripped the civil rights of opposition leaders to not allow them to run for public office. On October 15, the government held gubernatorial elections overdue since December 2016. The ruling United Socialist Party (PSUV) maintained it won 17 of the 23 governors’ seats, although the election was fraught with deficiencies, including a lack of independent, credible international observers, last-minute changes to polling station locations with limited public notice, manipulation of ballot layouts, limited voting locations in opposition neighborhoods, and a lack of technical audit for the National Electoral Council’s (CNE) tabulation. The regime then called for mayoral elections on December 10, with numerous irregularities favoring government candidates.

The most significant human rights issues included extrajudicial killings by security forces, including government sponsored “colectivos”; torture by security forces; harsh and life-threatening prison conditions; widespread arbitrary detentions; and political prisoners. The government unlawfully interfered with privacy rights, used military courts to try civilians, and ignored judicial orders to release prisoners. The government routinely blocked signals, interfered with the operations, or shut down privately owned television, radio, and other media outlets. The law criminalized criticism of the government, and the government threatened violence and detained journalists critical of the government, used violence to repress peaceful demonstrations, and placed legal restrictions on the ability of NGOs to receive foreign funding. Other issues included interference with freedom of movement; establishment of illegitimate institutions to replace democratically elected representatives; pervasive corruption and impunity among all security forces and in other national and state government offices, including at the highest levels; violence against women, including lethal violence; trafficking in persons; and the worst forms of child labor, which the government made minimal efforts to eliminate.

The government took no effective action to combat impunity that pervaded all levels of the civilian bureaucracy and the security forces.

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; however, the government did not respect these rights.

The government did not comply with the Office of the UN High Commissioner for Refugees (UNHCR) and other humanitarian organizations in providing protection and assistance to refugees, asylum seekers, and other persons of concern.

Abuse of Migrants, Refugees, and Stateless Persons: With the refugee status determination process centralized at the National Refugee Commission (CONARE) headquarters in Caracas, asylum seekers often waited for years to obtain a final decision. During this period they had to continue renewing their documentation every three months to stay in the country and avoid arrest and deportation. While travelling to the commission, particularly vulnerable groups, such as women with young children, the elderly, and persons with disabilities, faced increased personal risks, such as arrest and deportation, extortion, exploitation, and sexual abuse by authorities at checkpoints and other locations.

In addition to arbitrary deportations, Colombians expelled from the country complained of abuses by security forces. The IACHR reported that many deported Colombians alleged Venezuelan security forces used excessive force to evict them from their homes, which were subsequently destroyed, and that security agents subjected them to physical abuse and forceful separation from their families. The government implemented OLP security measures and increased the presence of security forces in Tachira State on the Colombian border.

While no official statistics were available, a women’s shelter reported recurring problems with gender-based violence and trafficking of refugee women.

Also see the Department of State’s annual Trafficking in Persons Report at www.state.gov/j/tip/rls/tiprpt/.

In-country Movement: The government systematically deployed thousands of security forces and crowd control vehicles to hinder movement and restrict access to designated protest rally points in Caracas during spring and summer protests. The government also restricted the movement of certain opposition leaders from moving around the country and traveling internationally. Others were effectively forced into self-exile.

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. According to UNHCR, the vast majority of asylum seekers came from Colombia. UNHCR estimated there were approximately 7,860 recognized refugees and 173,000 persons in need of international protection in the country. The majority of such persons remained without any protection. Most of the Colombians had not accessed procedures for refugee status determination due to the inefficiency of the process. UNHCR reported that few persons in need of international protection were legally recognized as refugees.

Access to Basic Services: Colombian asylum seekers without legal residency permits had limited access to the job market, education, and health systems. The lack of documentation created significant challenges to achieving sufficient protection and long-term integration. Authorities permitted Colombian children to attend school but did not grant them diplomas or certificates of completion without residency documentation, resulting in high dropout rates for Colombian children. According to the Hebrew Immigrant Aid Society, an NGO dedicated to providing assistance to refugees, Colombian asylum seekers said nationwide antigovernment, antiregime protests further hindered their access to basic services and movement to and from service centers.

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The Lessons of 1989: Freedom and Our Future