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Title: Congo Human Rights Practices, 1995
Author: U.S. Department of State
Date: March 1996
CONGO
The Republic of Congo continues to progress in its transition to
democratic government. Pascal Lissouba became the first President in
1992; elections for the multiparty legislature followed in 1993. The
Government continued to build upon the stable foundation provided by the
Libreville Peace Accords, which ended a period of violent civil unrest
in 1993 and early 1994. The Government also continued to devolve power
to regions and municipalities. The judiciary is independent.
The national police and gendarmerie maintain internal security. The
army and the border guard are responsible for external security but also
have domestic security responsibilities. While the civilian authorities
generally maintain effective control of the security forces, some
members of the security forces committed human rights abuses.
Congo is a very poor country. The economy depends heavily upon
petroleum revenues and external capital, and the country has one of the
highest per capita levels of debt in the world. Annual per capita gross
national product is $650; economic conditions began to stabilize in
1995. In the face of these difficulties, the Government made some
progress in the implementation of structural adjustment measures and
free market policies.
The Government's human rights record improved, although serious problems
remain in certain areas. Members of the security forces were implicated
in instances of extrajudicial killing. Security force members continued
to use torture and rape and to abuse detainees. Prison conditions
remain deplorable, and there were isolated instances of criminality by
members of the security forces and private militias. Societal
discrimination and violence against women are problems. Exploitation of
Pygmies in remote areas by Bantu farmers persisted. Although the law
contains strong worker rights provisions, on two separate occasions the
Government challenged union efforts to protest economic conditions.
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, Including Freedom
from:
a. Political and Other Extrajudicial Killings
In June members of the security forces tortured to death a prisoner in a
Pointe-Noire police station holding cell. The chief of police was
arrested upon allegations that he had ordered his agents to torture a
detainee to extract a confession. At year's end, the police officer
remained under arrest and had not been brought to trial.
Members of the security forces and private militias continued to be
implicated in increasing crime against civilians. At least several
deaths were related to this criminality.
The Government continued its efforts to curb abuses by the security
forces. It made progress in its plan to recreate the gendarmerie, which
was dissolved 20 years ago; over 400 gendarmes completed training. The
integration of private militias into the formal security structure
continued to be an important part of this process.
b. Disappearance
There were no reports of politically motivated disappearances.
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment
The Constitution prohibits the use of torture and "cruel, inhuman, or
degrading" treatment. However, there continued to be credible reports
of torture and rape by members of the security forces. Army, police,
and customs officials continued to abuse detainees physically, both to
extract information and as punishment. The Government attempted to
identify and punish the perpetrators of such abuses, including the head
of a police station who was imprisoned following the torture death in
June of a prisoner in a Pointe-Noire holding cell (see Section 1.a.).
Efforts to identify and prosecute those responsible for abuses in prior
years continued with some success. A Brazzaville court imposed death
sentences upon five security force members convicted of murder, rape,
and robbery.
Prison conditions are dire and life threatening. The death rate and the
incidence of disease and malnutrition are considerably higher than among
the general population. Buildings are dilapidated, security is lax, and
food and medical care are inadequate. Most prisons, built during French
colonial rule, were not designed for long-term incarceration. Dozens of
prisoners are often kept in overcrowded cells for long periods of time,
sleeping on the floor and subsisting on one meal per day. Although men,
women, and children are imprisoned in separate areas, rape and sexual
abuse of women and children by guards and fellow prisoners is
commonplace. The Government endeavored to improve conditions in
Brazzaville prison, but progress stalled with the death of a Catholic
missionary who had been central to the effort.
d. Arbitrary Arrest, Detention, or Exile
The Constitution prohibits arbitrary arrest, detention, or exile. While
the Code of Penal Procedure requires that a detainee be apprehended
openly and have a lawyer present during initial questioning, police
often ignored these requirements. According to the Code, the
prosecutor's office must issue warrants, and the authorities must bring
detainees before a judge within 3 days and charge or release them within
4 months. The authorities often fail to enforce these requirements as
well.
Lawyers have free access to their imprisoned clients. Over half of all
persons in custody are pretrial detainees--70 percent at the central
prison in Brazzaville. The Ministry of Justice estimates that the
average detention is less than 6 months. The Penal Code provides
defendants with the right of representation by lawyers of their choice.
However, while the State must pay legal fees for the indigent, the
authorities do not enforce these provisions in practice.
Political exile is not used.
e. Denial of Fair Public Trial
The Constitution provides for an independent judiciary, and this is
observed in practice. The institutions are gradually being legally
constituted and commencing operations. The judicial system consists
primarily of local courts, courts of appeal, and the Supreme Court. In
rural areas, traditional courts continue to handle many local disputes,
especially property and probate cases. Many domestic disputes are
adjudicated under traditional law and within the extended family.
Some cases never reach the court system, however. For example, it is
common practice for citizens to beat thieves caught in the act,
sometimes to death. In general, defendants are tried in a public court
of law presided over by a state-appointed magistrate. The defense has
access to, and the right to counter, prosecution evidence and testimony.
Defendants are presumed innocent and have the right to appeal. The
judiciary is overburdened with a caseload that far exceeds its capacity
to ensure fair, public trials. However, there are credible reports of
prisoners languishing in jail--sometimes for years--because of lost
files, oversights, and bureaucratic inertia.
Supreme Court justices are appointed for life; lower court justices may
serve until age 65. There were no known cases of termination or
transfer of a judge for political reasons.
There were no reports of political prisoners.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence
The Constitution provides for the privacy of homes as well as
correspondence and telecommunications. Official searches of private
properties and communications require a warrant, but in practice
warrants are not uniformly served. There is a widespread belief that
the Government continues to monitor telephones.
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
The 1992 Constitution provides for freedom of expression and calls for
the establishment of a special council to oversee private and electronic
media and to safeguard speech and press freedoms. The lower house of
the National Assembly approved a press bill in September which defines
the rights and responsibilities of journalists and which outlines the
procedures to be followed to establish private radio and television
broadcasting stations. By year's end, the upper house had not acted on
the bill. If the bill is adopted, a special council will be
established.
The Government, however, retains monopoly power over radio and
television pending the establishment of private broadcast media. While
there were instances in which journalists from the moderately
influential independent press were convicted of libel, the Government
tolerated extreme criticism by private newspaper.
There were no known abridgements of academic freedom.
b. Freedom of Peaceful Assembly and Association
The Constitution provides for freedom of assembly and association. In
practice, any group wishing to hold a public assembly must inform the
Minister of Interior, who reserves the right to forbid assemblies which
in the Government's view threaten public order. The Minister of the
Interior, claiming a threat to public order, denied a request by one
labor union to protest nonpayment of salaries and imposed a ban on
demonstrations surrounding the National Day celebrations. There are no
restrictions on trade associations or professional bodies, and
affiliation with international bodies is permitted.
c. Freedom of Religion
The Constitution provides for freedom of religion, and the Government
respects this right in practice.
d. Freedom of Movement Within the Country, Foreign Travel,
Emigration, and Repatriation
The Constitution provides for the right of all citizens to circulate
freely within Congo, and it specifically prohibits roadblocks and
barriers. Nonetheless, military forces, political militias, and
opportunists sometimes hindered free movement with barricades--generally
demanding money.
The National Conference Charter of Rights gives all citizens the right
to travel abroad and return. At year's end, Congo hosted some 13,500
refugees, the majority of whom were Angolans from the Cabinda enclave.
Refugees are registered with the United Nations High Commissioner for
Refugees, the United Nations Development Program, and the Government and
are allowed to work and to establish residency. They may apply for
citizenship after 10 years of continuous residence. There were no known
cases of forced repatriation or deportation of refugees.
Section 3 Respect for Political Rights: The Right of Citizens to
Change Their Government
The Constitution provides for popular election of the President and
National Assembly.
The President was elected in 1992 and the National Assembly in 1993.
The opposition disputed the legislative elections, claiming that the
results were fraudulent. Following the signing of the Libreville Peace
Accords in January 1994, an international panel of jurists rejected all
but 9 of 58 accusations of election fraud. Runoff elections in 1995
resolved seven of the nine disputed districts. Two contests remain
undecided. In one case the candidate withdrew from the vote-counting,
and in the other no agreement was reached on the electoral list.
The Constitution divides power between the presidency and a government
headed by a Prime Minister and formed with the approval of the National
Assembly. The Constitution provides for 5-year terms of office for the
President and National Assembly Deputies, all elected by universal
suffrage, and 6-year terms for senators, who are chosen by local
councils. International monitors observed the last several rounds of
legislative elections and have found them to be free and fair.
The President sought to create a representative government by appointing
members of each geographical region in the Cabinet. Women occupy 4 of
the 28 cabinet posts. There are no legal restrictions on representation
by women or minority populations, although indigenous Pygmies living in
remote regions are largely excluded from the political process (see
Section 5).
Section 4 Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations of Human Rights
Several local human rights organizations remained active and operated
without restriction. These included the National Committee on Human
Rights, the Congolese Human Rights League, and the Committee of the
Congolese Association of Women Lawyers. All freely criticized
government human rights violations as well as abusive and discriminatory
aspects of some traditional local customs.
The Government permits international nongovernmental human rights
organizations to operate freely. Several visited in 1995.
Section 5 Discrimination Based on Race, Sex, Religion, Disability,
Language, or Social Status
The Constitution specifically forbids such discrimination, but it
persists in fact, particularly against women and Pygmies.
Women
Violence against women occurs frequently and is reportedly on the rise
due to worsening economic conditions. Rapes occur with increased
frequency, according to press reports and women's groups. Wife beatings
are handled within the extended family. Only in extreme instances of
abuse do the police intervene or do the courts prosecute these cases.
The general population and the media largely ignore the issue of
violence against women.
The Constitution guarantees the equality of all citizens, specifically
prohibits discrimination based on sex, and specifically endorses the
right of women to earn equal pay for equal work. In practice,
discrimination against women is widespread.
Marriage and family laws overtly discriminate against women. For
example, adultery is illegal for women but not for men. Polygyny is
legal; polyandry is not. While the Legal Code provides that 30 percent
of an inheritance goes to the wife, in practice the wife generally loses
all rights to the property.
Women in rural areas are especially disadvantaged in terms of education
and wage employment and are confined largely to family farm work, petty
commerce, and childrearing responsibilities.
While inequities persist in salaries, employment opportunities, and
access to education, educated women are making some limited progress in
professional employment. The government Ministry for the Integration of
Women into Development is working with a number of nongovernmental
organizations to educate women as to their rights and to reform the
legal code.
Children
The Constitution states that the Government must protect children in
accordance with international conventions. Child labor is illegal, and
education is mandatory until age 16. In practice, limited state
resources prevent public action toward achievement of these objectives,
particularly in rural areas.
People with Disabilities
The Constitution provides for "specific measures of protection in
relation to their needs." In practice this means very little, although
the Government has provided special education to some disabled students
and hand-powered tricycles to some polio victims. The ministry charged
with the welfare of the disabled has severe financial constraints. The
country has not implemented laws mandating access for people with
disabilities.
Indigenous People
The Constitution provides the same rights for Pygmies, an ethnic
minority numbering approximately 7,000 and living primarily in the
northern forest regions, as it does for other citizens. In practice--in
a society where Bantu Congolese predominate in every respect--they do
not enjoy equal treatment. Pygmy workers are generally underpaid for
their work relative to others, with compensation often being in the form
of clothing, food, or other goods instead of wages. This practice has
its roots in the ancestral tradition of Pygmy slavery maintained by
Bantus. Pygmies are no longer denied access to public education,
health, or other basic services, nor denied the right to own property.
Pygmies have been traditionally excluded from the political process, and
they have little ability to influence government decisions affecting
their interests.
Section 6 Worker Rights
a. The Right of Association
Both the Constitution and the Labor Code affirm the right to associate
freely, allowing no restriction on the formation of trade unions.
Nearly all workers in the formal (wage) sector are union members, and
unions have made efforts to organize informal sectors such as
agricultural and retail. The Constitution prohibits members of the
security forces from forming unions or striking.
Unions are free to strike but must file a letter of intent with the
Ministry of Labor beforehand, thereby starting a process of arbitration.
In theory, a strike may not take place until both parties have submitted
to a process of nonbinding arbitration under the auspices of a regional
labor inspector from the Labor Ministry. The letter of intent must
include the strike date, at which time the strike may legally begin even
if arbitration is not complete. Employers have the right to fire
workers if they give no advance notification of a strike. In practice,
the Ministry seldom enforces this aspect of the Labor Code, and workers
have initiated many strikes without prior attempts to resolve disputes
through arbitration.
In January and February, civil servants protested wage cuts and delays
in salary payments in strikes conducted in Brazzaville and Pointe-Noire.
The Government temporarily detained the leaders of the opposition Union
Confederation of Congolese Workers (CSTC) for inciting violence. In
July the Government evicted the CSTC from a government-owned office and
confiscated the union's papers. After an unsuccessful attempt to
prevent one CSTC demonstration in August, the Government forcibly
prevented a second demonstration (see Section 2.b.).
In March the president of the taxi and cabdriver union in Brazzaville
was detained briefly upon allegations that a strike was illegal. The
strike was called to protest the conduct of traffic police and to demand
road repairs.
Unions are free to join or form new federations or confederations.
There are six independent union confederations, all formally recognized
by the State. They are dependent on the voluntary contributions of
their membership.
Unions are free to affiliate with international trade unions. Some
trade unions have signed cooperative accords with other African,
European, and American trade union organizations.
b. The Right to Organize and Bargain Collectively
Under the Constitution, employers are prohibited from discriminating
against employees who exercise their constitutional right to organize
and join a union. There were no reported firings for union activities.
With union attention absorbed by economic problems, and the Government
in the midst of structural adjustment efforts, the National Assembly did
not complete deliberations on a revision of the Labor Code. Under the
current Labor Code many benefits are legally mandated, and industry-
specific wage scales ("conventions") are to be determined by negotiated
agreement between union representatives, employers, and the Ministry of
Labor. In many sectors, the Code is not strictly followed, and unions
may negotiate freely, either independently or in cooperation with other
unions, federations, or confederations.
There are no export processing zones.
c. Prohibition on Forced or Compulsory Labor
The law prohibits forced or compulsory labor, and there was no evidence
of its practice in the formal economy. There were, however, allegations
that Pygmies experienced exploitation (see Section 5).
d. Minimum Age for Employment of Children
The Constitution prohibits children under the age of 16 from working.
The Ministry of Labor is responsible for enforcing child labor laws but
concentrates its efforts only on the formal wage sector. Young children
continued to work on small family subsistence farms in rural areas and
in the informal sector in cities without government intervention.
e. Acceptable Conditions of Work
The Government sets a minimum wage about $47 (cfa 23,500) per month, a
level which the Government claims allows for "human dignity." However,
high urban prices and dependent extended families oblige many workers to
seek opportunities beyond their main employment or to practice
subsistence agriculture. This was particularly true for government
workers, who were forced to cope with salary backlogs of several months
and a 27.5 percent cut in salary. In those trades still subject to
conventions (see Section 6.b.), the negotiated minimum wages were
without exception considerably higher than the legal minimum.
The Constitution provides for not only reasonable pay, but also paid
holidays, periodic paid vacation, and legal limits on allowable hours of
work. The Labor Code stipulates that overtime must be paid for all work
in excess of 40 hours per week and that regular days of leisure must be
granted by employers. Although health and safety regulations require
twice yearly visits by enforcement officers from the Ministry of Labor,
in practice such inspections occur on a much less regular basis. There
is no specific regulation granting workers the right to remove
themselves from hazardous situations without jeopardy to continued
employment, but unions were generally vigilant in calling attention to
such situations.
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