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Title: Gabon Human Rights Practices, 1995
Author: U.S. Department of State
Date: March 1996
GABON
A one-party state until 1990, Gabon held its first multiparty elections
in 1991, with President Omar Bongo's party retaining a large majority in
the National Assembly. President Bongo, in office since 1967, was
reelected in 1993 in an election marred by serious irregularities.
After several months of contention and civil unrest, parties supporting
the President and the principal opposition parties negotiated in October
1994 the "Paris Accords," which included promises of reforms to amend
electoral procedures, to include opposition leaders in the Government
and to assure greater respect for human rights. More than 96 percent of
citizens voting in a national referendum in July endorsed laws and
constitutional amendments codifying these reforms. The 27-member
Cabinet includes 6 opposition leaders. Municipal and legislative
elections are scheduled for 1996. The judiciary is generally
independent, but remains vulnerable to government manipulation.
The national police and the gendarmerie enforce the law and maintain
public security. In accordance with the Paris Accords, the National
Assembly reassigned authority over the security forces from the Ministry
of Defense to the civilian Ministry of the Interior and redesignated as
the "Republican Guard" the elite heavily-armed corps which protects the
President. In 1994 the Defense Minister used this corps for violent
repression of public dissent, but in 1995 there were no instances in
which it acted with undue force.
The Government generally adheres to free market principles, particularly
in the export sector, which is dominated by petroleum, timber, and
minerals. A majority of workers in the formal sector are employed by
the Government or by large, inefficient parastatal organizations. Per
capita income is approximately $5,000 annually, but income distribution
is badly skewed in favor of urban dwellers and a small economic elite.
Immigrants from other African countries dominate the informal sector.
The rural population is poor and receives little in social services.
Financial mismanagement and corruption in earlier years have resulted in
significant arrears in domestic and external debt. The Government has
begun a 3-year Structural Adjustment Program with the International
Monetary Fund.
The Government's human rights performance improved, with no use of
deadly force to control crowds, a significant reduction in killings, and
initiatives to promote democratic electoral practices. Civil peace
generally prevailed as the ruling Gabonese Democratic Party and its
coalition partners conducted negotiations with the opposition parties,
appealed to legal institutions, and used international mediation to
resolve differences over interpretation and implementation of the Paris
Accords. The Government reinforced its control over illegal immigration
and repatriated undocumented aliens. This was carried out with abuses
limited to demands for bribes by some minor officials. However, the
Interior Minister personally intimidated the management of the only
rotary printing plant into refusing to print three editions of certain
weekly independent newspapers which he found offensive to the
Government. On one occasion he briefly blocked imports of French
newspapers and magazines.
Other longstanding human rights abuses included security forces'
beatings of prisoners and detainees, abysmal prison conditions, and
societal discrimination and violence against women.
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, Including Freedom
from:
a. Political and Other Extrajudicial Killing
There were no instances of political killing. In January policemen in
Libreville pursued two armed individuals suspected of car theft. After
wounding one of them, police appeared to carry out a summary execution
of the other at a distance of 58 meters from eyewitnesses. They also
hunted down and shot to death a third armed suspect in bushes nearby.
The chief of police later said that he would order an investigation into
the circumstances, but he did not subsequently publish or divulge the
results of an inquiry.
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 inhuman or extreme
punishment. However, security forces often beat prisoners and detainees
as punishment and to exact confessions.
Conditions in most prisons are abysmal and life threatening. Sanitation
and ventilation are poor, and medical care is almost nonexistent.
Prisons rarely provide food for inmates.
d. Arbitrary Arrest, Detention, or Exile
The law provides for up to 48 hours of initial preventive detention,
during which time police must charge a detainee before a judge. In
practice, however, police rarely respect this provision. Bail may be
set if there is to be a further investigation.
The Government gave illegal aliens a 6-month period--initially until
January 31, 1995, but extended to February 15--to legalize their status.
It then reinitiated measures to detect and detain aliens without
approved residence papers. The police generally released illegal aliens
only after the embassies of their countries of origin confirmed that the
aliens would be repatriated at their government's expense.
Exile is not used as a punishment nor as a means of political control,
and there are no opposition leaders currently living in exile.
e. Denial of Fair Public Trial
The judicial system includes the regular courts, a Military Tribunal,
and a civilian State Security Court. The regular court system includes
trial courts, appellate courts, and the Supreme Court. The
Constitutional Court is a separate body charged with examining
constitutional questions, including the certification of elections.
There are no traditional or customary courts. In some areas minor
disputes may be taken to a local chief, but the Government does not
recognize such decisions. The State Security Court, last convened in
1990, is constituted by the Government on an ad hoc basis to consider
matters of state security.
The Constitution provides for the right to a public trial and the right
to legal counsel. These rights are generally respected in criminal
cases. Nevertheless, procedural safeguards are lacking, particularly in
state security trials, and the judiciary remains vulnerable to
government manipulation. The law still applies the concept of presumed
guilt. A judge may thus deliver an immediate verdict at the initial
hearing if sufficient evidence is presented by the State.
There were no reports of political prisoners.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence
The Constitution provides for protection from surveillance, from
searches without warrant, and from interference with private
telecommunications or correspondence. As part of criminal
investigations, police may request search warrants from judges, which
they obtain easily, sometimes after the fact. The Government has used
them in the past to gain access to the homes of opposition figures and
their families. Government authorities also routinely monitor private
telephone conversations, personal mail, and the movements of citizens.
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
The Constitution provides for the right of free speech and press, and in
practice, citizens speak freely and criticize leaders. Legislators in
the National Assembly openly criticize government policies, ministers,
and other officials.
The only daily newspaper is the government-owned L'Union, but there are
more than a half-dozen weekly or periodical publications in newspaper
format, representing independent views and those of various political
parties. All--including L'Union--actively criticized the Government and
political leaders of all parties. Most also criticized the President.
On three occasions, the Minister of the Interior prohibited the
publication or distribution of editions which he judged offensive,
issuing extralegal instructions directly to the country's only
industrial press instead of seeking an injunction from the National
Communications Counsel, as required by law.
The Government controls national electronic media, which reaches all
areas of the country. It announced the award of licenses for three
private radio stations. As part of the Paris Accords, the Government
undertook to obtain authorization from the National Assembly to
compensate those who suffered damages in the 1994 rioting and riot
control actions, including the owners of the political opposition's
Radio Liberty.
The National Assembly approved a code of rights and responsibilities of
journalists and broadcasters after the Government carried out extensive
consultations with media industry representatives.
The Government does not interfere with broadcasts of international radio
stations Radio France 1, Africa No. 1, and Voice of America, but it did
very briefly censor international printed media. Although foreign
newspapers and magazines were widely available, for a period of several
weeks in April the Minister of the Interior imposed an extralegal ban on
foreign publications containing news articles which he judged to be
offensive to the President.
There are no restrictions on academic freedom, including research.
b. Freedom of Peaceful Assembly and Association
Citizens and recognized organizations normally enjoy freedom of assembly
and association. Groups must obtain permits for public gatherings in
advance, and the Government usually grants them.
c. Freedom of Religion
The Constitution provides for religious freedom, and authorities do not
engage in religious persecution or favoritism. While the Government has
not lifted its ban on Jehovah's Witnesses, it has not enforced this ban.
There is no state religion.
d. Freedom of Movement Within the Country, Foreign Travel,
Emigration, and Repatriation
There are no legally mandated restrictions on internal movement, but
police and gendarmes frequently stop travelers to check identity,
residence, or registration documents, and members of the security forces
routinely harass expatriate Africans working legally as merchants,
service sector employees, and manual laborers, extorting bribes and
demanding services with the threat of confiscation of residence
documents or imprisonment. Residence permits cost approximately $1,000.
An unevenly enforced law requires married women to have their husband's
permission to travel abroad. An exit visa for citizens is no longer
required for travel abroad. Aliens legally resident in the country must
obtain a visa in order to leave and return.
The Government still controls the process of refugee adjudication, and
its policy is strict. Coordination with the United Nations High
Commissioner for Refugees has improved, however, and there were no
credible reports that the Government forcibly repatriated illegal
aliens. There were about 200 refugees at year's end.
Section 3 Respect for Political Rights: The Right of Citizens to
Change Their Government
The 1991 Constitution explicitly provides this right, but mismanagement
and serious irregularities in both the 1990 and the 1993 presidential
elections called into doubt the extent to which this right existed in
practice. However, in July citizens approved in a constitutional
referendum by a 96 percent majority to adopt changes previously agreed
in the Paris Accords, including most significantly the establishment of
an independent National Electoral Commission. The July election was
carried out under arrangements which assured that all political parties
could monitor voting and the vote count. Later in the year, the
National Assembly passed laws authorizing the National Electoral
Commission.
Municipal elections were scheduled for 1996.
There are no restrictions on the participation of women and minorities
in politics. There are 6 women among the 120
National Assembly deputies and 1 in the Cabinet. Women serve at all
levels within the various ministries, the judiciary, and the opposition.
Despite governmental protections, indigenous Pygmies rarely participate
in the political process, and the Government has made only marginal
efforts to include them (see Section 5).
Section 4 Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations of Human Rights
The Government officially allows the existence of independent human
rights groups. There are two human rights groups, neither of which was
active. There were no reports of harassment by officials.
There have been no active inquiries from foreign groups in recent years.
The Government was responsive to the concerns expressed by foreign
governments and by international observers in response to its
announcement that immigration controls would be strictly enforced after
January 31 (subsequently extended to February 15). The President and
ministers issued specific instructions to assure humane and correct
treatment for aliens arrested without proper documentation. These
immigration controls resulted in the departure of between 30,000 and
50,000 undocumented aliens.
Section 5 Discrimination Based on Race, Sex, Religion, Disability,
Language, or Social Status
The 1991 Constitution forbids discrimination based on national origin,
race, gender, or opinion. The Government does not uniformly enforce
these constitutional guarantees, tolerating a substantial degree of
discrimination against women, especially in domestic affairs. It has
also not provided the same level of health and educational services to
expatriate children that it provides to citizens.
Women
Violence against women is common and especially prevalent in rural
areas. While medical authorities have not specifically identified rape
to be a chronic problem, religious workers and hospital staff report
that evidence of physical beatings of women is common. Police rarely
intervene in these cases and women virtually never file complaints with
civil authorities. Only limited medical and legal assistance is
available.
The law provides that women have rights to equal access in education,
business, and investment. Women own businesses and property,
participate in politics, and work throughout the Government and the
private sector. Women nevertheless continue to face considerable
societal and legal discrimination, especially in rural areas.
By law couples must stipulate at the time of marriage whether they will
adhere to monogamous or polygynous relationships. For monogamous
married couples, a common property law provides for the equal
distribution of assets after divorce. Wives who leave polygynous
husbands suffer severe reductions in their property rights. In
inheritance cases the husband's family must issue a written
authorization before his widow can inherit property. Common law
marriage, which is also socially accepted and widely practiced, affords
a woman no property rights.
A National Assembly committee proposed modification of the marriage law
to allow husbands to change the legal status of the marriage from
monogamy to polygyny without the consent of the first wife. The
proposed text would have retroactive effect. If enacted, the proposed
law, which the Assembly did not formally present to the Government,
would significantly reduce women's rights by retroactively denying them
the protection of a permanently monogamous marriage and could permit
husbands to deny property rights previously conferred by the monogamous
marriage. Women's rights groups vigorously oppose the proposal.
There law still requires that women obtain their husband's permission to
travel abroad although this law is not consistently enforced.
Children
The Government has used Gabon's oil wealth to build schools, pay
adequate teacher salaries and promote education, even in rural areas.
Even so, according to U.N. statistics, Gabon still lags behind its
poorer neighbors in infant mortality and access to vaccination.
Traditional beliefs and practices provide numerous safeguards for
children, but children remain the responsibility of the extended family,
including aunts, grandmothers, and older siblings. There is little
recorded evidence of specific physical abuse of children.
There is concern about the problems facing the large community of
expatriate African children. Almost all enjoy far less access to
education and health care than do nationals. These children are often
victims of child labor abuses (see Section 6.d.).
People with Disabilities
There are no laws prohibiting discrimination against persons with
disabilities, nor providing for accessibility for the disabled. An
Association of the Physically Handicapped carried out a campaign of
demonstrations and public education to raise awareness of their
situation.
Indigenous People
Several thousand indigenous Pygmies live in southern Gabon. In
principle, they enjoy the same civil rights as other citizens. Pygmies
are largely independent of formal authority, keeping their own
traditions, independent communities, and local decisionmaking
structures. Pygmies did not participate in government-instituted
programs that integrated many small rural villages into larger ones
along major roads; thus their access to government-funded health and
sanitation facilities is limited. There are no specific government
programs or policies to assist or hinder Pygmies.
National/Racial/Ethnic Minorities
Persons from all major ethnic groups continued to occupy prominent
positions in government, the military, and the private sector. Credible
reports suggest, however, that ethnic favoritism in hiring and promotion
is pervasive. There was evidence, especially within the armed forces,
that members of the President's ethnic group held a disproportionately
large share of both senior positions and jobs within the ranks.
Section 6 Worker Rights
a. The Right of Association
The 1991 Constitution places no restrictions on the right of association
and recognizes the right of citizens to form trade and labor unions.
Virtually the entire work force is unionized. Unions must register with
the Government in order to be recognized officially. Public employees
may unionize although their right to strike is limited if it could
jeopardize public safety. Until 1990 there was only one recognized
labor organization, the Gabonese Labor Confederation (COSYGA), to which
all workers were required to contribute 4 percent of their salaries. In
1992 the Government accepted the establishment of independent unions and
abolished the mandatory COSYGA contribution.
In November 1994 the National Assembly passed an extensively revised
version of the Labor Code, which was published and implemented in early
1995. The Code provides extensive protection of worker rights.
Strikes are legal if they occur after an 8-day notice advising that
outside arbitration has failed. The Labor Code prohibits direct
government action against individual strikers who abide by its
arbitration and notification provisions; it also provides that the
Government cannot press charges against a group as a whole for criminal
activities committed by individuals. Unions and confederations are free
to affiliate with international labor bodies and participate in their
activities. COSYGA is directly affiliated with the Organization of
African Trade Union Unity, while the Gabonese Confederation of Free
Unions (CGSL) is affiliated with the International Confederation of Free
Trade Unions. Both COSYGA and CGSL have strong ties with numerous other
international labor organizations.
b. The Right to Organize and Bargain Collectively
The Labor Code provides for collective bargaining. Labor and management
meet to negotiate differences, and the Ministry of Labor provides an
observer. This observer does not take an active part in negotiations
over pay scales, working conditions, or benefits. Agreements also apply
to nonunion workers. While no laws specifically prohibit antiunion
discrimination, the court may require employers found guilty by civil
courts of having engaged in such discrimination to pay compensation.
There are no export processing zones.
c. Prohibition of Forced or Compulsory Labor
The law prohibits forced labor, and there are no reports that it now
exists.
d. Minimum Age for the Employment of Children
Children below the age of 16 may not work without the express consent of
the Ministries of Labor, Education, and Public Health. These ministries
rigorously enforce this law with respect to Gabonese children, and there
are few Gabonese under the age of 18 working in the modern wage sector.
A significant number of children work in marketplaces or perform
domestic duties. The U.N. Children's Fund and other concerned
organizations have reported that government officials often privately
use foreign child labor, mainly as domestic or agricultural help. These
children do not go to school, have only limited means of acquiring
medical attention, and are often victims of exploitation by employers or
foster families. Laws forbidding child labor theoretically extend
protection to foreign children as well, but abuses often are not
reported. There is no compulsory education law.
e. Acceptable Conditions of Work
The Labor Code governs working conditions and benefits for all sectors
and provide a broad range of protection to workers. The Code stipulates
a 40-hour workweek with a minimum rest period of 48 consecutive hours.
Employers must compensate workers for overtime work. Foreign and local
companies in the modern wage sector pay competitive wages and grant
generous fringe benefits, including maternity leave and 6 weeks of
annual paid vacation.
Traditionally representatives of labor, management, and the Government
met annually to examine economic and labor conditions and to recommend a
minimum wage rate within government guidelines to the President, who
then issued an annual decree. This procedure was not followed in 1995,
however, in part because the Government was pursuing a policy of wage
austerity recommended by international financial institutions. The
minimum monthly wage was kept at its 1994 level of about $125 (cfa
64,000). Wages do in fact provide for a decent standard of living.
The Ministry of Health has established occupational health and safety
standards, but does not effectively enforce or regulate them. Industry
application of labor standards varies greatly depending upon company
policy. The Government reportedly did not enforce Labor Code provisions
in sectors where the bulk of the labor force is non-Gabonese.
Foreigners, both documented and undocumented, may be obliged to work
under substandard conditions, may be dismissed without notice or
recourse or, especially in the case of illegal aliens, may be physically
mistreated. Employers frequently require longer hours of work and pay
less, often hiring on a short-term, casual basis only in order to avoid
paying taxes, social security, and other benefits. In the formal
sector, workers may remove themselves from dangerous work situations.
without fear of retribution.
(###)
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