b. Freedom of Peaceful Assembly and Association

FREEDOM OF PEACEFUL ASSEMBLY

The constitution provides for freedom of peaceful assembly, but the government frequently restricted this right and prevented those critical of the government from exercising their right to peaceful assembly. The law requires organizers of public events to notify local authorities in advance of the event. The government maintained that public events required advance permission and regularly declined to authorize public meetings or protests organized by opposition parties or civil society groups critical of the government. The government did, however, authorize protests and assemblies organized by progovernment groups and political parties. During the year the SSF beat, detained, or arrested persons participating in protests, marches, and meetings. The SSF also used tear gas, rubber bullets, and at times live ammunition, resulting in numerous civilian deaths and injuries.

According to MONUSCO there were 633 violations of democratic space from January through August. These included restrictions on freedom of assembly, the right to liberty and security of person, and of the right to freedom of opinion and expression.

On March 19, a joint report of the UNJHRO and the OHCHR for 2017 stated that the SSF used illegal, systematic, and disproportionate force against protesters, resulting in 47 civilian deaths and several hundred wounded during protests. The report stressed the illegality of government prohibitions on public demonstrations and accused the FARDC’s 11th Rapid Reaction Brigade and the Republican Guard of grave violations of human rights for indiscriminately using live rounds specifically against civilians in August 2017 after members of the RMG Bundu dia Kongo separatist group attacked police and civilians in Kinshasa. The report also cited instances of threats and intimidation against protestors by government officials and outlined specific attacks and restrictions against UNJHRO personnel. The report confirmed at least nine deaths during December 2017 demonstrations, at least 98 wounded, and 185 arbitrarily arrested. For the January 21 demonstrations, the report cited at least seven persons killed, 67 wounded, and at least 121 persons arbitrarily arrested, including four children. The report also stressed that security force members were rarely, if ever, held accountable for disproportionate use of force during protests. It stated the United Nations was aware of only a few instances in which security force members were held accountable, including the case of one police officer who was sentenced to three years’ imprisonment in Bukavu for conviction related to his actions during a protest in July 2017.

In March government and civil society representatives released a report of investigations into abuses related to protests during December 2017, on January 21, and on February 25, alleging 14 deaths, 65 injuries, and 40 persons arrested, detained, and in some cases tortured.

In Kinshasa opposition parties were regularly allowed to hold political rallies. On April 24, the opposition UDPS party held a rally in the capital. On September 29, opposition parties held a rally in Kinshasa, but reports and photographs showed that the government sought to deter attendance by halting public transportation, raising fuel prices, and dumping garbage near the site of the rally.

The government, which must simply be informed of nonviolent demonstrations and is not vested with authorizing their occurrence, consistently prohibited nonviolent demonstrations elsewhere in the country, notably in Lubumbashi, Kananga, and Goma. On October 13, government officials and the SSF blocked opposition leaders from organizing a political rally in Lubumbashi to highlight concerns regarding the electoral process. The SSF prevented opposition leaders from accessing a residence of the rally leader and fired live ammunition into the air while opposition members attempted to reach the planned rally point. From November 21 to election day on December 30, the JHRO recorded 16 election-related deaths. This included three deaths in Lubumbashi on December 11, one death in Tanganyika on December 12, one death in Mbuji-Mayi on December 13, one death in Kisangani on December 14, one death in Tshikapa on December 18, one death in Lubumbashi on December 19, six deaths in Tanganyika on December 27, one death in Beni on December 28, and one death in South Kivu province on election day on December 30.

FREEDOM OF ASSOCIATION

The constitution provides for freedom of association, and the government generally respected this right. Civil society organizations and NGOs are required to register with the government and may receive funds only through donations; they may not generate any revenue, even if it is not at a profit. The registration process is burdensome and very slow. Some groups, particularly within the LGBTI community, reported the government had denied their registration requests.

During an interactive dialogue with civil society in Kinshasa in March 2016, the minister of justice and human rights stated that only 63 of more than 21,000 NGOs in the country were formally registered. Many NGOs reported that, even when carefully following the registration process, it often took years to receive legal certification. Many interpreted registration difficulties as intentional government obstacles for impeding NGO activity.

b. Freedom of Peaceful Assembly and Association

The law provides for the rights of freedom of peaceful assembly and association, but the government did not always respect the right of association. The state of emergency law grants the government the right to limit the right of assembly, although the government rarely applied this law during the year. On July 27, parliament adopted a law mandating the establishment of a more comprehensive business registration system, with the aim to combat terrorism finance and money laundering that also included requirements for nonprofit associations to submit financial data to a newly created registry. This National Center for the Registry of Institutions would be responsible for collecting and maintaining the financial and administrative data of all “economic actors,” including nonprofit associations. Several prominent civil society organizations (CSOs) issued a public statement contending that this registry would duplicate existing requirements, place an undue burden on CSOs, and potentially threaten freedom of association. The government contends that the law does not prevent either the registration or the operations of CSOs.

FREEDOM OF PEACEFUL ASSEMBLY

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

In January the government authorized civil society groups throughout the country to organize peaceful protests against the new budget law as well as price increases and subsidy cuts. Media reported that authorities detained some of the organizers of the social movement #Fech_Nestanew (What Are We Waiting For) on charges including graffiti, destruction of property, and “inciting riots” through the distribution of flyers calling for more protests. All were subsequently released without charge, according to human rights groups. With this notable exception, human rights groups reported that the police respected the protesters’ rights to peaceful assembly.

In several cities, these peaceful social movements gave way to instances of opportunistic crime, including episodes of vandalism and looting masquerading as protests that led to small-scale clashes with security forces. On January 13, the Ministry of Interior stated that authorities arrested more than 930 individuals for criminal charges that the ministry reported were unrelated to the legitimate and authorized protest movements; many of these individuals were subsequently released. The ministry also reported that more than 50 police officers were injured during the protests and one civilian died of asphyxiation as a result of an asthma attack prompted by the tear gas used by police to clear protesters.

Subsequent social movements, including several large protests in downtown Tunis during the summer, took place without major incidents or reports of interference by security forces. In several smaller protests throughout southern Tunisia to demand greater economic development, security forces responded proportionately to violent incidents using riot control techniques and tear gas to disperse crowds that had blocked access to border posts.

FREEDOM OF ASSOCIATION

The law provides for the right of freedom of association, but the government did not always respect it. A 2011 law on associations eliminated penalties in the previous law, as well as the prohibition on belonging to, or serving in, an unrecognized or dissolved association. The law eased the registration procedure, making it more difficult for government entities to hinder or delay registration. According to the 2011 law, only the judiciary has the authority to suspend or dissolve an association. Several independent monitoring organizations asserted, however, that the government delayed registration of associations through unnecessary bureaucratic hurdles, at times for political reasons, a practice counter to the law.

b. Freedom of Peaceful Assembly and Association

The government restricted the freedoms of peaceful assembly and association.

FREEDOM OF PEACEFUL ASSEMBLY

Although the constitution provides for freedom of assembly, the law provides several grounds for the government to limit that right. The law stipulates penalties for protesters convicted of carrying items that might be construed as weapons, prohibits the use of symbols linked to illegal organizations (including chanting slogans), and criminalizes covering one’s face during a protest. The law permits police to use tinted water in water cannons, potentially to tag protesters for later identification and prosecution. The law also allows police to take persons into “protective custody” without a prosecutor’s authorization if there is reasonable suspicion that they are a threat to themselves or to public order. The state of emergency and subsequent antiterror law gave governorates enhanced authority to ban protests and public gatherings, a ban widely enacted during the year.

The government regarded many demonstrations as security threats to the state, deploying large numbers of riot police to control crowds, sometimes using excessive force. At times the government used its authority to detain persons before protests were held on the premise that they might cause civil disruption.

Throughout the year at the hearings of detained former HDP co-chair Demirtas, the Ankara governorate or court security personnel banned gatherings, marches, and sit-in protests outside the court. Domestic and international observers were also banned from observing the trial hearings.

The government also selectively restricted meetings to designated sites or dates, particularly limiting access to Istanbul’s Taksim Square and Ankara’s Kizilay Square, and set up roadblocks to prevent protesters from gathering there. Although police removed barriers around the human rights monument in Ankara’s Kizilay Square in July, a mobile police presence remained. The government banned many demonstrations outright if they touched on sensitive subjects.

On August 25, Istanbul police began preventing the vigil of the Saturday Mothers–a group who since the 1990s had gathered to commemorate the disappearances of relatives following their detention by Turkish security forces in the 1980s and 1990s and call for accountability. Interior Minister Suleyman Soylu said the group was exploiting the concept of motherhood to mask support for terrorism.

In January police prevented HDP lawmaker Ziya Pir, Democratic Regions Party (DBP) co-chair Mehmet Arslan, Democratic Society Congress (DTK) co-chair Leyla Birlik, and other party members from holding a press conference opposing Operation Olive Branch in front of the HDP Diyarbakir provincial headquarters.

Security forces at times responded with excessive force to protests, resulting in injuries, detentions, and arrests. The government generally supported security forces’ actions. The HRA and HRFT jointly reported that, in the first 11 months of the year, police intervened in 785 demonstrations, detaining 3,697 people and arresting 118 individuals. Year-end figures for those injured in clashes with authorities during demonstrations were not available. Human rights NGOs asserted that the government’s failure to delineate clearly in the law the circumstances that justify the use of force contributed to disproportionate use of force during protests. On June 27, for example, police in Ankara broke a facial bone of a protester in Ankara while detaining her.

On May 1 (Labor Day), authorities restricted rallies in parts of Istanbul and other cities if they were not government sanctioned. In Istanbul, 50 persons participating in the celebrations were detained while authorities closed Taksim Square, the traditional venue for the celebrations. Police roughly arrested protesters who sought to defy the ban on demonstrations by marching towards the square.

On April 25, Istanbul police briefly detained three human rights activists for using the word “genocide” in their statements and on their banners in an April 24 Armenian Remembrance Day commemoration organized by the HRA in Istanbul’s Sultanahmet Square. Police reportedly told the organizers that the term “genocide” was not permitted, and they did not allow the ceremony to be held.

Pro-Kurdish demonstrations of many kinds faced violent police responses throughout the year. For example, police tear gassed and sprayed pressurized water at supporters of the pro-Kurdish HDP celebrating the party’s elections performance in June after the demonstrators began throwing stones at police vehicles.

Local authorities issued indefinite bans on LGBTI events in several parts of the country, including for film festivals and other public activities in Ankara and parts of Istanbul. Adana’s governor banned a planned LGBTI pride march in June, and Ankara’s governor extended a ban on LGBTI events through the end of October 2019.

FREEDOM OF ASSOCIATION

While the law provides for freedom of association, the government continued to restrict this right during the year. Under the state of emergency and using provisions of the antiterror law, the government shut down associations and foundations for alleged threats to national security. The government did not release data on the number of NGOs it closed during the year. According to the HRJP, the government closed nearly 1,500 nongovernmental associations or foundations for alleged threats to national security. Other NGOs reported different statistics, based on different data collection methods. Observers widely reported that the appeals process for institutions seeking redress was opaque and ineffective (see section 1.e.).

By law, persons organizing an association do not need to notify authorities beforehand, but an association must provide notification before interacting with international organizations or receiving financial support from abroad and must provide detailed documents on such activities. Representatives of associations stated this requirement placed an undue burden on their operations. Human rights and civil society organizations, groups promoting LGBTI rights, and women’s groups in particular complained that the government used regular and detailed audits to create administrative burdens and to intimidate them through the threat of large fines. Bar association representatives reported that police sometimes attended civil society organizational meetings and recorded them, interpreting it as a means of intimidation.

In January authorities detained at least 25 members of the conservative Furkan Foundation and closed all of its branches in Adana in connection with the group’s criticism of Operation Olive Branch. In July 2017 authorities detained eight leading human rights activists, including Amnesty International’s Turkey director, and two foreign trainers during a workshop on digital security and stress management that President Erdogan claimed was a “continuation” of the 2016 failed coup attempt. Most were charged with supporting a terrorist organization. All were released from pretrial detention in October 2017, but those arrested still faced charges and prison time at year’s end.

b. Freedom of Peaceful Assembly and Association

FREEDOM OF PEACEFUL ASSEMBLY

The constitution and law provide for freedom of assembly, but the government restricted this right. During the year authorities neither granted the required permits for public meetings and demonstrations nor allowed unregistered organizations to hold demonstrations. According to Forum 18, in some instances police raided homes where members of religious groups were meeting and detained participants.

Unregistered religious groups were not allowed to meet, according to the country’s religion law adopted in 2016.

FREEDOM OF ASSOCIATION

Although the constitution and law provide for freedom of association, the government restricted this right. The law requires all NGOs to register with the Ministry of Justice and all foreign assistance to be coordinated through the Ministry of Foreign Affairs. Unregistered NGO activity is punishable by a fine, short-term detention, and confiscation of property. The law requires all religious groups to register with the Ministry of Justice and sets out a schedule of fines for religious activity conducted by unregistered groups.

Of the estimated 120 registered NGOs, international organizations recognized only a few as independent. NGOs reported the government presented a number of administrative obstacles to NGOs that attempted to register. Authorities reportedly rejected some applications repeatedly on technical grounds. Some organizations awaiting registration found alternate ways to carry out activities, such as registering as businesses or subsidiaries of other registered groups, but others temporarily suspended or limited their activities. Although the law states there is a process for registering foreign assistance, NGOs had difficulty registering bilateral foreign assistance in practice due to the 2013 decree requiring such registration.

Sources noted a number of barriers to the formation and functioning of civil society. These included regulations that permitted the Ministry of Justice to send representatives to association events and meetings and requirements that associations notify the government about their planned activities.

In February 2017 the official government newspaper Neytral’nyy Turkmenistan published the changes and new amendments to the Law on Public Associations. Specifically, the law does not exempt religious organizations, nonprofit associations, and political parties; founders of public associations have to be Turkmen citizens; the law denies public associations the right to represent and protect the rights of other citizens, including the right to participate in elections; and public associations can be sponsored only by legal entities, including foreign nonprofit organizations.

b. Freedom of Peaceful Assembly and Association

Although the law provides for freedom of peaceful assembly, the government allowed island chiefs to place restrictions on it.

FREEDOM OF PEACEFUL ASSEMBLY

The law provides for freedom of peaceful assembly; however, the government allows island chiefs to place restrictions on assembly for public worship (see section 2.c.).

b. Freedom of Peaceful Assembly and Association

The government restricted freedoms of peaceful assembly and association.

FREEDOM OF PEACEFUL ASSEMBLY

While the constitution provides for freedom of assembly, the government did not respect this right. The government continued to use the Public Order Management Act to limit the right to assemble and disrupted opposition and civil society-led public meetings and rallies. The act also placed a significant bureaucratic burden on those wishing to organize or host gatherings and afforded the UPF wide discretion to prevent an event by refusing to approve it, or, more commonly, by not responding to the permission request, which then created a legal justification for disrupting almost any gathering.

According to local media, the UPF on July 11 fired teargas and live bullets to disperse a crowd of youth who were marching in Kampala to protest the government’s imposition of a 1-percent tax on all mobile money transactions. The police arrested three protesters and the state charged them in court on July 16 with holding an unlawful assembly. The court released the three on bail on July 23 and the trial continued at year’s end. On July 18, the UPF questioned MP Kyagulanyi, who had led the protest, and released him on police bond.

FREEDOM OF ASSOCIATION

While the constitution and law provide for freedom of association, the government did not respect this right. The government restricted the operations of local nongovernmental organizations (NGOs), especially those that work on civil and political rights (see section 5). Government regulations enacted in 2017 require NGOs to disclose sources of funding and personal information about their employees and impose onerous registration and reporting requirements. Government regulations enable the NGO Bureau and its local level structures to deny registration to any organization focused on issues deemed to be “undesirable” or “prejudicial” to the “dignity of the people of Uganda.” The regulations also provide the NGO Bureau broad powers to inspect NGO offices and records and to suspend their activities without due process. The regulations increased registration fees for local NGOs from 20,000 shillings ($5.33) to 100,000 ($26.67), and annual permit renewal fees from 20,000 shillings ($5.33) to 60,000 shillings ($16), respectively. They also introduced new fees, including for the NGO Bureau to review permit applications (60,000 shillings, or $16) and for NGOs to file annual reports (50,000 shillings, or $13.33). On July 24, local media reported that the minister for internal affairs had instructed the bureau “to tighten accountability oversight” over NGOs to ensure they used their funds for the approved purpose. The bureau in turn vowed “to crack the whip” on NGOs deemed noncompliant. Local media reported that the minister had voiced suspicion that NGOs used foreign funds to support dissent.

The government also restricted the operations of opposition political parties (see section 3).

b. Freedom of Peaceful Assembly and Association

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

FREEDOM OF PEACEFUL ASSEMBLY

The constitution provides for the freedom of peaceful assembly, and the government generally respected this right. There are no laws, however, regulating the process of organizing and conducting events to provide for the right, and authorities have wide discretion under a Soviet-era directive to grant or refuse permission for assemblies on grounds of protecting public order and safety. Organizers are required to inform authorities in advance of plans for protests or demonstrations.

During the year citizens generally exercised the right to assemble peacefully without restriction in areas of the country under government control. There were reports, however, that police at times used excessive force when dispersing protests. For example, on March 3, police destroyed a protest tent camp that had been set up near the parliament in October 2017. Police allegedly beat protesters and used tear gas against journalists. Nineteen persons sustained injuries (10 had head injuries and nine other types of physical injuries), including journalists from Radio Liberty, Hromadske TV, and the Insider news outlet. The journalists reported deliberate attacks by police despite the fact that they had clearly identified themselves as members of the press. According to the chief of the Kyiv police, investigators and police were lawfully investigating criminal acts in connection with protester attempts to seize the International Center for Culture and Arts in Kyiv in December 2017 and clashes at the parliament on February 27. Police initiated two criminal investigations on possible use of excessive force by officers and interference by police in the work of journalists who were attempting to record the event. The investigation continued as of December.

While the main 2018 Pride March in Kyiv was protected by thousands of police, police at times did not adequately protect smaller demonstrations, especially those organized by persons belonging to minority groups or opposition political movements. Events organized by women’s rights activists or the LGBTI community were regularly disrupted by members of nationalist hate groups. On March 8, members of right-wing groups attacked participants in public events in Uzhhorod, Lviv, and Kyiv aimed at raising awareness of women’s rights and gender-based and domestic violence. Police launched investigations of the incidents. Police briefly detained attackers but no charges were filed.

In Russia-controlled territory, the HRMMU noted an absence of demonstrations because “people are concerned that they may be ‘arrested’ if they organize protests or assemblies against the policies” of Russia-led forces. The HRMMU also noted the only demonstrations permitted in these areas were ones in support of local “authorities,” often apparently organized by Russia-led forces, with forced public participation.

FREEDOM OF ASSOCIATION

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

Human rights groups and international organizations continued to criticize sharply a law signed by the president in March 2017 that introduced vague and burdensome asset-reporting requirements for civil society organizations and journalists working on anticorruption matters. The law was widely seen as an intimidation and a revenge measure against the country’s anticorruption watchdogs, which had successfully pushed for increased financial transparency for government officials. Heads and members of the boards of anticorruption NGOs had to submit their asset declarations by April 1. Observers continued to express concern that these asset declarations have the potential to endanger the staff of NGOs working on human rights and anticorruption, particularly if they work on issues related to Russian-occupied Crimea or areas of the Donbas controlled by Russia-led forces.

Human rights organizations reported a growing number of unsolved attacks on members of civil society organizations, which they believed created a climate of impunity. A September 26 joint statement by several dozen Ukrainian civic organizations stated that there had been more than 50 such attacks in the previous 12 months and accused the government of failing to investigate these crimes properly.

There were reports of incidents in which observers alleged that the government targeted activists for prosecution in retaliation for their professional activity. For example, several major human rights groups expressed concern about the government’s prosecution of Vitaliy Shabunin, head of the anticorruption NGO AntAC, which they alleged was selective and politically motivated. On January 15, authorities charged Shabunin with allegedly inflicting bodily harm on a journalist, a charge that carries a heavier penalty than the crime of inflicting intentional moderate bodily harm with which he had previously been charged in 2017. Both charges stemmed from an incident in June 2017 in which Shabunin allegedly punched Vsevolod Filimonenko, a supposed journalist who had reportedly harassed one of Shabunin’s colleagues. Human rights groups noted that video footage of the events suggested that Filimonenko may have been sent by the country’s security services to provoke a conflict with Shabunin and that the resources and vigor the government applied to prosecuting Shabunin far exceeded their usual approach to prosecuting attacks on journalists, including attacks where the resultant injuries were much more grave.

According to the HRMMU, in the territories controlled by Russia-led forces, domestic and international civil society organizations, including human rights defenders, could not operate freely. Residents informed the HRMMU they were being prosecuted (or feared being prosecuted) by the “ministry of state security” for their pro-Ukrainian views or previous affiliation with Ukrainian NGOs. If human rights groups attempted to work in those areas, they faced significant harassment and intimidation. The HRMMU also noted an increase in civil society organizations run by Russia-led forces, which appeared to require certain persons, such as public-sector employees, to join.

b. Freedom of Peaceful Assembly and Association

FREEDOM OF PEACEFUL ASSEMBLY

See the Country Reports on Human Rights for Russia for a description of the relevant Russian laws and procedures that the Russian government applied and enforced in occupied Crimea.

Individuals opposing the occupation reported widespread harassment and intimidation by occupation authorities to suppress their ability to assemble peacefully. For example, the press reported on October 11 that authorities in Armyansk had issued a warning to a local resident, Yekaterina Pivovar, not to violate laws governing public protests. Pivovar had allegedly been planning to organize a group of local mothers to assemble outside city hall to demand a meeting with local officials. The mothers were concerned about the impact of toxic sulfur dioxide gas being released since late August from a nearby titanium plant on the health of their children.

A 2017 regulation limits the places in Crimea where public events may be held to 366 listed locations. The HRMMU noted that the “regulation” restricted freedom of assembly to a shrinking number of “specially designated spaces,” an unnecessary move that appeared “designed to dissuade the exercise of the right of freedom of assembly.”

Authorities fined individuals for conducting single-person pickets, the only type of protest that is supposed to be permitted without official permission under the legal system that Russia has imposed on occupied Crimea. According to the HRMMU, between December 2017 and March, occupation “courts” fined 80 Muslim men, who had conducted single-person pickets in October 2017 to protest the arrests of other Muslim men, mostly Crimean Tatars, for alleged membership in terrorist or extremist organizations.

There were reports of occupation authorities using coercive methods to provide for participation at rallies in support of the “government.” Students, teachers and civil servants were forced to attend a commemoration event on the day of deportation of the Crimean Tatars organized by Crimean-occupation authorities in Simferopol on May 18.

There were reports that occupation authorities charged and fined individuals for allegedly violating public assembly rules in retaliation for gathering to witness security force raids on homes.

FREEDOM OF ASSOCIATION

See the Country Reports on Human Rights for Russia for a description of the relevant Russian laws and procedures that the Russian government applied and enforced in occupied Crimea.

Occupation authorities broadly restricted freedom of association for individuals that opposed the occupation. For example, there were numerous reports of authorities taking steps to harass, intimidate, arrest, and imprison members of the human rights group Crimean Solidarity, an unregistered movement of friends and family of victims of repression by occupation authorities. Two of the group’s leaders, Emir-Usain Kuku and Server Mustafayev, remained in pretrial detention as of November on charges of allegedly belonging to the Islamic organization Hizb ut-Tahrir. Human rights monitors believed the cases against both men to be politically motivated and without basis. On January 27, law enforcement officers in Sudak disrupted a Crimean Solidarity civic group meeting attended by 150 persons. Law enforcement officers allegedly searched for drugs and weapons and questioned and photographed participants at the gathering. On October 27, in Simferopol, officials from the “prosecutor general’s office” accompanied by a contingent of armed men in masks and uniformed police raided another Crimean Solidarity meeting. The officials issued formal warnings to three members of the group, whom authorities claimed were poised to violate “counterterrorism and counterextremism” legislation by purportedly planning to hold a series of single-person pickets. On October 28, occupation authorities blocked the group’s website.

The Mejlis of the Crimean Tatar people remained banned for purported “extremism” despite an order by the International ?ourt of Justice requiring that Russian authorities “refrain from maintaining or imposing limitations on the ability of the Crimean Tatar community to conserve its representative institutions, including the Mejlis.” On October 29, occupation authorities announced plans to “nationalize” the Mejlis building in Simferopol, which they had seized in 2014, by transferring it to a Muslim organization that supported the occupation. Following the 2016 ban on the Crimean Tatar Mejlis as an “extremist organization,” occupation authorities banned gatherings by Mejlis members and prosecuted individuals for discussing the Mejlis on social media (see section 6).

b. Freedom of Peaceful Assembly and Association

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

FREEDOM OF PEACEFUL ASSEMBLY

The law provides limited freedom of assembly and the government imposed restrictions.

The law requires a government-issued permit for organized public gatherings. Authorities dispersed impromptu protests such as labor strikes and at times arrested participants. While there was no uniform standard for the number of persons who could gather without a permit, civil society representatives in the past have reported authorities could ask groups of four or more to disperse if they did not have a permit. The government did not interfere routinely with informal, nonpolitical gatherings held without a government permit in public places unless there were complaints. The government generally permitted political gatherings that supported its policies. Hotels, citing government regulations, sometimes denied permission for groups such as unregistered religious organizations to rent space for meetings or religious services.

FREEDOM OF ASSOCIATION

The law provides limited freedom of association. The government imposed some restrictions.

Political organizations, political parties, and trade unions are illegal. All associations and NGOs are required to register with the Ministry of Community Development (formerly Social Affairs), and many that did received government subsidies. Domestic NGOs registered with the ministry were mostly citizens’ associations for economic, religious, social, cultural, athletic, and other purposes. Registration rules require that all voting organizational members, as well as boards of directors, must be local citizens. This requirement excluded almost 90 percent of the population from fully participating in such organizations. In Dubai volunteer organizations were required to register with the Community Development Authority (CDA) and were required to obtain approval from the CDA before conducting fundraising activities.

Associations must follow the government’s censorship guidelines and receive prior government approval before publishing any material. In Abu Dhabi exhibitions, conferences, and meetings require a permit from the Tourism and Culture Authority. To obtain a permit, the event organizer must submit identification documents for speakers along with speaker topics. The government denied permits if it did not approve of the topic or speaker. If the event or speaker continued without an approved permit, the government imposed fines.

b. Freedom of Peaceful Assembly and Association

The law provides for the freedoms of peaceful assembly and association, and the government generally respected these rights. SERPAJ reported some increased efforts by the government to delegitimize social movements. According to SERPAJ, the government’s “antipicketing decree” had direct consequences on the forms of popular mobilization by limiting protesters’ ability to block streets and highways. The government responded that the decree did not affect the right to strike as defined in the constitution. SERPAJ also claimed that the “essential services” decree was being used to stifle protests and union activity. In August the umbrella union organization PIT-CNT organized a general strike against the government’s alleged overuse of the essential services decree.

b. Freedom of Peaceful Assembly and Association

FREEDOM OF PEACEFUL ASSEMBLY

The constitution and law provide for freedom of assembly, but the government often restricted this right. Authorities have the right to suspend or prohibit rallies, meetings, and demonstrations for security reasons. The government often did not grant the permits required for demonstrations. Authorities subjected citizens to large fines, threats, arbitrary detention, and abuse for violating procedures for organizing meetings, rallies, and demonstrations or for facilitating unsanctioned events by providing space, other facilities, or materials. Organizers of “mass events” with the potential for more than 100 participants must sign agreements with the Ministry of Interior for the provision of security prior to advertising or holding such an event. This regulation was broadly applied, even to private corporate functions.

On August 3, the City Court in Chust, near Namangan, sentenced Pastor Alisher and his assistant Abror, to 10 days of administrative arrest. Judge Bokhodir Kazakov found them and six other individuals guilty of “illegal religious activity” that was allegedly just a tea party at the pastor’s home. The six other individuals were penalized under the same charges for 999,445 sums ($120) each, with payment due immediately. Their cell phones were also confiscated.

FREEDOM OF ASSOCIATION

While the law provides for freedom of association, the government continued to restrict this right. While the government released new laws and guidance it stated were intended to encourage the growth of civil society, the government still sought to control NGO activity, internationally funded NGOs, and unregulated Islamic and minority religious groups. The operating environment for independent civil society, in particular human right defenders, remained restrictive. Activists reported continuing government control and harassment.

On April 21 in Chimbay City, Karakalpakstan, local police raided a birthday party attended by a group of Christians. The participants were escorted to the local police station and charged with holding an “illegal religious meeting,” and released the next morning. On July 13, group members were summoned to the local court by telephone, not by written notification. The judge found all of them, except the minors, guilty of engaging in illegal religious activity. The women were ordered to pay penalties of $150-$200 (1,230,000 sum to 1,640,000 sum) each and the owner of the house to pay $1,000 (8,220,000 sum). The 11 men involved were sentenced to 5 to 7 days of administrative arrest. Eight of the convicted Christians were 18-19 years of age, and their parents did not receive any formal notification after their children were sentenced. As a result of international pressure, on July 17, the Supreme Court of Karakalpakstan vacated the verdicts of the Chimbay court and ordered restitution of personal belongs to the defendants.

The Ministry of Justice, which oversees the registration of NGOs, requires NGOs to obtain the ministry’s approval to hold large meetings with nonmembers, including foreigners; to seek the ministry’s clearance on any event where materials are to be distributed; and to notify the ministry in writing of the content and scope of the events in question.

On April 12, the President signed the new Law on Public Control to establish a legal framework for public oversight of the activities of government bodies and government officials. In accordance with the law, citizens, citizens’ self-government bodies, noncommercial organizations, and mass media have the right to exercise oversight regarding activities of government bodies and officials.

There are legal restrictions on the types of groups that may be formed, and the law requires that organizations with an operating budget and funds be registered formally with the government. The law allows for a six-month grace period for new organizations to operate while awaiting registration from the Ministry of Justice, during which time the government officially classifies them as “initiative groups.” Several NGOs continued to function as initiative groups for periods longer than six months.

The government issued a number of regulations that affected NGO activity. In May the president issued a decree entitled “Measures to Fundamentally Enhance the Role of Civil Society Institutions in the Process of Democratic Renewal of the Country.” In a separate action, in June the Ministry of Justice (MoJ) issued an order on the procedure for NGOs to inform the government of their planned activities. According to a summary posted on Norma.uz, starting from June 1, NGOs are no longer required to obtain approval from the MoJ in order to conduct events, but they still need to notify the MoJ of plans to conduct public programs. The minimum period for informing the ministry of planned activities is 10 days before the start of an event without the participation of foreign citizens, and 20 days before the start of event with the participation of foreign citizens. The MoJ only provides NGOs with written notice in cases of refusal to conduct the event. On June 27, another order established a new form of annual reporting on the NGO activities for submission to the government. In August the Ministry of Justice adopted the Regulation on Monitoring and Studying Activities of Nongovernmental Noncommercial Organizations, which establishes a separate procedure on monitoring and studying NGOs’ activities.

International NGOs praised the development of these procedures, stating that they offered new procedural rules and limitations for the actions of MoJ inspectors; one NGO stated, however, a concern that the latter regulation still provided the authority for the MoJ to audit and harass NGOs. The administrative liability code imposes large fines for violations of procedures governing NGO activity as well as for “involving others” in “illegal NGOs”; the law does not specify whether the term refers to NGOs suspended or closed by the government or merely NGOs not officially registered. The administrative code also imposes penalties against international NGOs for engaging in political activities, activities inconsistent with their charters, or activities the government did not approve in advance.

In May the president signed a decree abolishing the so-called banking commission, established in 2004 to regulate or oversee NGO receipt of foreign grants. Beginning on September 1, registered NGOs are allowed to receive grants from domestic and foreign donors. Receiving organizations must notify the Ministry of Justice of their grants and present a plan of activities to the ministry that details how the NGO would allocate the funds. If the ministry approves, no other government approvals are required. The ministry requires yearly financial reports from NGOs.

Parliament’s Public Fund for the Support of Nongovernmental, Noncommercial Organizations, and Other Civil Society Institutions continued to conduct grant competitions to implement primarily socioeconomic projects. Some civil society organizations criticized the fund for primarily supporting government-organized NGOs. The law criminalizes membership in organizations the government broadly deemed “extremist.”

b. Freedom of Peaceful Assembly and Association

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

b. Freedom of Peaceful Assembly and Association

FREEDOM OF PEACEFUL ASSEMBLY

The government restricted freedom of peaceful assembly. Law and regulations require persons wishing to gather in a group to apply for a permit, which local authorities issued or denied without explanation. Only those arranging publicized gatherings to discuss sensitive matters appeared to require permits, however, and persons routinely gathered in informal groups without government interference. The government generally did not permit any demonstrations perceived to be political. The law permits security forces to detain individuals gathering or protesting outside of courthouses during trials.

The Ministry of Public Security and local police routinely prevented activists from peacefully assembling. There were numerous reports of police dispersing gatherings of environmental activists, anti-China activists, land rights advocates, human rights defenders, bloggers and independent journalists, women’s rights, and former political prisoners.

Social media and multiple activists reported that on June 17, authorities took some 180 people, including those who were involved in protesting the draft SAEZ and cybersecurity laws and those observing the demonstrations, to Tao Dao stadium in Ho Chi Minh City. Some activists including Phan Tieu May said they were not protesting but were taken by authorities from their homes or cafes to the stadium Authorities searched, and beat those detained. Many of those involved said they sustained injuries to the head, and some lost consciousness. One individual required long-term hospitalization for his injuries.

On August 15, Ho Chi Minh City police and plainclothes individuals beat musician Nguyen Tin and other activists at Casanova Cafe in District 3 in Ho Chi Minh City after Nguyen Tin held an unregistered concert. They tied him to a chair and beat him over the head with his guitar, according to other activists.

FREEDOM OF ASSOCIATION

The constitution affords individuals the right of association, but the government restricted freedom of association severely. The country’s legal and regulatory framework establishes mechanisms for restricting freedom of NGOs to act and organize, including by restricting freedom of association. The government generally prohibited the establishment of private, independent organizations, insisting that persons work within established, party-controlled mass organizations, usually under the aegis of the VFF. The government used complex and politicized registration systems for NGOs and religious organizations to suppress unwelcome political and religious participation.

Laws and regulations governing NGOs restrict their ability to engage in policy advocacy or conduct research outside of state-sanctioned topics and prohibit organizations focused on social science and technology from operating in fields such as economic policy, public policy, political issues, and a range of other areas considered sensitive. Authorities also do not permit them to engage in the public distribution of policy advocacy positions.

The Law on Belief and Religions, which came into effect January 1, still requires religious groups to register with authorities and to inform officials of activities. Authorities had the right to approve or refuse religious activities. Some unregistered religious groups reported an increase in government interference.

Some registered organizations, civil society organizations including governance and environment-focused NGOs, reported increased scrutiny of their activities.

b. Freedom of Peaceful Assembly and Association

The law provides for the freedoms of peaceful assembly and association, but these rights were not respected in the majority of the country, i.e., areas which the government did not control.

FREEDOM OF PEACEFUL ASSEMBLY

The law provides for freedom of peaceful assembly. The Houthis and their affiliates responded to demonstrations and protests in various parts of the country with excessive force.

FREEDOM OF ASSOCIATION

While the law provides for freedom of association, there were reports Houthis harassed and shut down NGOs. The law regulates associations and foundations and outlines the establishment and activities of NGOs. Authorities required annual registration. The law exempts registered NGOs from taxes and tariffs and requires the government to provide a reason for denying an NGO registration, such as deeming an NGO’s activities “detrimental” to the state. It forbids NGO involvement in political or religious activities. It permits foreign funding of NGOs. The law requires government observation of NGO internal elections. There were no known attempts by NGOs to register during the year.

b. Freedom of Peaceful Assembly and Association

The constitution provides for freedom of peaceful assembly; however, the government restricted this right, and police and progovernment groups disrupted meetings, rallies, and other activities of opposition political parties and civil society organizations. In dealing with demonstrators, police adopted heavy-handed practices such as surrounding the venue to prevent meetings from taking place, forcefully breaking up demonstrations, and arresting demonstrators.

The Public Order Act requires political parties and other groups to notify police in advance of any rallies but does not require formal approval or permit. In 1995 the Supreme Court declared provisions in the act that previously gave police the power to regulate assemblies, public meetings, or processions unconstitutional. The police, however, have continued to disregard this landmark ruling and continued to stop opposition and civil society groups from holding public gatherings. For example, on October 19, police in Ndola arrested a small group of civil society and church officials during a meeting and charged them with unlawful assembly. The meeting, which took place at the Ndola Central Baptist Church, was organized by the Center for Trade Policy and Development as a public discussion about the government’s 2019 national budget. Police justified the arrests on the premise the meeting had become “political” and the group had not notified them of the gathering.

Opposition political parties complained of selective application of the Public Order Act, noting police allowed ruling party gatherings without notification. Police also prevented opposition and civil society groups planning to protest government actions from gathering on the grounds that police received notifications too late, had insufficient staff to provide security, or the gathering would coincide with government events in the same province. For example, in the lead up to the July 26 Lusaka mayoral elections, police in the district of Kanyama blocked opposition UPND leader Hakainde Hichilema from holding a campaign rally in the area after the group had registered the event with the Electoral Commission, ostensibly because President Lungu would be visiting the area. Although police claimed inadequate staff to provide security for gatherings, police responded in force to disrupt opposition gatherings and often allowed ruling party supporters to disrupt them.

FREEDOM OF ASSOCIATION

The constitution provides for freedom of association. While the government generally respected the right to freedom of association, it placed some limits on this right through various mechanisms. For example, although it generally went unenforced, the NGO Act requires all organizations to apply for registration to the registrar of societies. The registration process is stringent, long, and gives the registrar considerable discretion. The law also places restrictions on funding from foreign sources. For this reason donors, including some UN agencies, required all organizations to register under the NGO Act before receiving funding. According to the Southern African Center for the Constructive Resolution of Disputes, uncertainties surrounding the implementation of the NGO Act and NGO policy affected the operations of civil society organizations.

Despite these restrictions the government liberally allowed civil society organizations to hold meetings in which they criticized it. For example, on March 6, the Oasis Forum, an association of civil society organizations, hosted a public discussion in Lusaka on a topic critical of the government.

b. Freedom of Peaceful Assembly and Association

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

FREEDOM OF PEACEFUL ASSEMBLY

The government restricted freedoms of peaceful assembly, association, or both. The Public Order and Security Act (POSA) requires organizers to notify police of their intention to hold a public gathering–defined as 15 or more individuals–seven days in advance. Failure to do so may result in criminal prosecution as well as civil liability. The law also allows police to prohibit a gathering based on security concerns but requires police to file an affidavit in a magistrate’s court stating the reasons behind the denial. The government enacted POSA after a demonstration resulted in security forces killing six opposition protestors on August 1. A seventh individual died from injuries related to the protests.

Although many groups did not seek permits, other groups informed police of their planned events, and police either denied permission or gave no response. The MDC Alliance accused police of using the cholera epidemic in Harare as an excuse to ban large public assemblies to prevent an MDC Alliance rally on September 15. Media reported that from September 16-22 police forcibly removed vendors who refused to comply with orders related to the cholera outbreak to vacate their stalls in the Harare CBD. On October 11, police arrested Peter Mutasa, president of the Zimbabwe Congress of Trade Unions (ZCTU), and 35 trade unionists in Harare and other major city centers as they awaited a court decision to overturn the ban on their planned demonstration against the government’s 2 percent tax on electronic transfers. Police had previously denied ZCTU’s request for a permit, and a Harare magistrate dismissed ZCTU’s challenge to the police ban on October 12.

Authorities often denied requests by civil society, trade unions, religious groups, or political parties other than ZANU-PF to hold public events if the agenda conflicted with government policy positions. There were several reports of political rallies interrupted by opposing political parties.

On February 26, police used tear gas and water cannons to disperse dozens of National University of Science and Technology students protesting continued strikes by lecturers. Police dogs injured eight students, while police arrested 61 students. A local NGO reported 15 students sought medical treatment after this incident.

FREEDOM OF ASSOCIATION

The constitution and law provide for freedom of association, but the government restricted this right. Although the government did not restrict the formation of political parties or unions, ZANU-PF supporters, sometimes with government support or acquiescence, intimidated and harassed members of organizations perceived to be associated with other political parties. For example, a local NGO reported that on July 25, a local councilor in Mbire threatened to have community members beaten and their homes burnt down if they voted for opposition political parties. Local NGOs provided multiple reports similar to this one.