Wayzata World Factbook 1996/The World Factbook - 1996 Edition - Wayzata Technology (3079) (1996).iso/pc/text/humanrts/congo.txt

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TITLE:  CONGO HUMAN RIGHTS PRACTICES, 1994
AUTHOR:  U.S. DEPARTMENT OF STATE
DATE:  FEBRUARY 1995

                             CONGO


The effort to establish democratic government in the Republic
of Congo was severely tried by episodes of violent civil unrest
during 1993 and early 1994.  President Pascal Lissouba, freely
elected in 1992, governs with the parliamentary support of a
group of parties known as the Presidential Movement.  This
coalition won a majority in 1993 legislative elections which
the political opposition challenged, claiming that the first
round of those elections was fraudulent.  In May 1993 the
opposition boycotted the second round, leading to violence in
June and July.  The Organization of African Unity and Gabon
brokered a peace agreement (the Libreville Accords) in August
1993, but violence in the capital, Brazzaville, erupted again
in late 1993 and continued through January 1994.  The
Government and the opposition signed a peace accord on January
30.

In early February, under the Libreville Accords, international
jurists completed their examination of 58 accusations of fraud,
finding fraud in nine district elections--three from the
Presidential Movement and six from the opposition.  A few
months later the Presidential Movement, in cooperation with the
opposition, began to decentralize power to the regions and the
municipalities, a process which culminated in the installation
of Bernard Kolelas, a major opposition figure, as Mayor of
Brazzaville, and Jean-Pierre Thystere-Tchicaya, another
opposition leader, as Mayor of Pointe-Noire.

During the civil unrest, the official security apparatus,
composed of the military and police, lost control over certain
elements and individuals.  The major political parties
established private militias, which included police and army
personnel who had temporarily deserted their units.  These
private militias were responsible for the bulk of human rights
abuses, but government troops also committed extrajudicial
killings, and the police continued to use torture and other
brutal measures against detainees.  The Government failed in
most cases to identify and punish the perpetrators.  Drawing
from the army, the Government formed the Special Interposition
Group (GSIP) in January to dampen continued ethnically-
motivated civil violence.  The GSIP played an important
reconciliation role by maintaining calm in formerly embattled
neighborhoods.  Public security forces also integrated some
members of the private militias into their formal ranks but
have insufficient funds to continue this process.

The economy, which is heavily dependent upon petroleum revenues
and external borrowing, continued its transition from socialism
to a free market system.  Faced with low oil prices and an
extremely high per capita debt, Congo began implementation of
structural adjustment measures and free market economic
policies.

The human rights situation remained poor.  Abuses perpetrated
by the private militias included extrajudicial killing,
kidnaping, torture, and looting, but their frequency decreased
significantly after the January 30 signature of the peace
accord.  Deplorable prison conditions, police brutality,
societal discrimination against women, and exploitation of
Pygmies in remote areas by Bantu farmers persisted.  Congo's
strong worker rights provisions remained intact.

RESPECT FOR HUMAN RIGHTS

Section 1  Respect for the Integrity of the Person, Including
           Freedom from:

     a.  Political and Other Extrajudicial Killing

Supporters of the Government and the opposition were implicated
in extrajudicial killings as were some police units--the
so-called Aubevillois.  Estimates of the number killed from
November 1993 to January 1994 range from several hundred to
2,000.  Deaths due to continuing political violence after
January 1994 are rumored at 10 to 30 persons, but accurate
estimates are unavailable.  The Government was slow to take
measures to end the violence and slow to identify and punish
the perpetrators.  Victims appear to have been targeted
principally on the basis of ethnic and political affiliation.
Members of groups at both ends of the political spectrum purged
ethnic majority neighborhoods of minority ethnic groups through
the use of arson, looting, and assassination.  In an industrial
strike in September, the army fired into a crowd of machete-
wielding protestors, killing one person and injuring several
others.

     b.  Disappearance

There were numerous credible reports of kidnaping and
disappearances, both political and for ransom, but no firm
numerical estimates exist.  Leaders of both sides tacitly
admitted, by participating in hostage exchange negotiations,
that their partisans engaged in kidnaping.  Although
substantially reduced, kidnaping remained a political weapon.
The Government failed to investigate seriously those security
service personnel or private militia members who were
implicated in disappearances.

The easing of political tensions has allowed authorities to
begin bringing criminals to justice without fear of accusations
of political motive.  They investigated and arrested
individuals of all ethnic origins who had used political
conflict as a pretext for their activities.

     c.  Torture and Other Cruel, Inhuman, or Degrading
         Treatment or Punishment

The Constitution prohibits the use of torture and "cruel,
inhuman, or degrading" treatment.  Nonetheless, there continue
to be reliable reports of torture and rape by members of the
security forces and the opposition militias.  Army, police, and
customs officials continued their physical abuse of detainees,
both to extract information and as punishment.  Some military
and security force leaders tacitly condoned such beatings; they
failed to punish offenders or to provide effective training in
the lawful treatment of suspects.

Prison conditions are dire and life-threatening.  The death
rate, and the incidence of disease and malnutrition are
considerably higher than among the civilian 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.  Catholic missionaries work with prisoners to
improve living conditions but with limited success.

     d.  Arbitrary Arrest, Detention, or Exile

The Constitution prohibits arbitrary arrest, detention, or
exile.  While the Code of Penal Procedure requires that all
detainees 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 these 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.  The Ministry
of Justice estimates that the average detention is less than 6
months.  Although the Penal Code provides that defendants have
the right to be represented by lawyers of their choice and the
State will pay legal fees for the indigent, the authorities do
not enforce this in practice.

From November 1993 to January 1994, partisans on all sides
engaged in arbitrary arrests and kidnapings, often for ransom
or use in hostage exchanges.  No reliable estimates of the
number arbitrarily arrested and detained exist.  At year's end,
the Government was not known to be holding any political
detainees.

Political exile is not used.

     e.  Denial of Fair Public Trial

The judicial system consists primarily of local courts, courts
of appeal, and the Supreme Court.  In rural areas, traditional
courts continued 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.  There are
credible reports of prisoners languishing--sometimes for
years--in jail because of lost files, oversights, and
bureaucratic inertia.  The judiciary is overburdened with a
caseload that far exceeds its capacity to ensure fair, public
trials.

Supreme Court justices are appointed for life; lower court
judges may serve until age 65.  There were no known cases of
termination or transfer of a judge for political reasons.  At
year's end, the Government was not known to be holding any
political prisoners.

     f.  Arbitrary Interference with Privacy, Family, Home, or
         Correspondence

The Constitution protects 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
widespread belief that the Government continues to tap
telephones.

Section 2  Respect for Civil Liberties, Including:

     a.  Freedom of Speech and Press.

The Constitution provides for freedom of expression and calls
for the establishment of a special council to safeguard speech
and press freedoms.  Despite constitutional and judicial
protections, the media enjoy only limited freedom.  People talk
openly and opposition newspapers circulate freely, but the
Government retains control over broadcast media.  Censorship
declined from 1993, but the state media still practiced it in
1994.  Despite the State's monopoly on local radio and
television, which are the principal means of public
communication, it increased opposition journalists' access to
radio and television and permitted them to broadcast political
debates.

In March the Government attempted to prohibit state-employed
journalists from serving as stringers for international news
agencies, but suspended its efforts after journalists
protested.  Subsequent to the expulsion of a Radio France
International (RFI) correspondent in late 1993, the Government
negotiated the rebroadcast from Brazzaville of two foreign
stations, including RFI.

In June the Government detained a state-employed journalist for
2 days following an interview with former President and
opposition leader Denis Sassou-Nguesso.  The Government
officially reprimanded the journalist for failing to seek
approval to take state equipment to the remote site of the
interview.  In a similar case in November, the Government
suspended a journalist for 3 weeks for failing to obtain prior
permission to interview an opposition party leader on
television.  Incidents of this nature are, however, uncommon.

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 Interior, claiming a
threat to public order, denied one of several requests by
students seeking to protest the nonpayment of scholarships.
There are no restrictions on trade associations or professional
bodies, and affiliation with international bodies is permitted.

     c.  Freedom of Religion

The Constitution forbids discrimination based on religious
beliefs.  In practice, people are free to join any church and
practice any religion.

     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 barricades.  Nonetheless, soldiers and political
militia hindered free movement with barricades in early 1994.

The National Conference Charter of Rights gives all citizens
the right to travel abroad and to 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 President and the National Assembly were elected in 1992
and 1993, respectively.  The opposition disputed the
legislative elections, claiming the results were fraudulent.
An international panel of jurists rejected all but 9 of 58
accusations of fraud.  Six of the nine fraudulently elected
deputies were from the opposition parties, while three were
members of the Presidential Movement.  Despite President
Lissouba's victory in 1992 and his coalition's victory in the
1993 legislative elections, the opposition continued to resist
his rule and tried to wrest power from him through political
maneuvers and armed resistance until the signature of the
January 1994 peace accord.

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 have observed the last several rounds of
elections and have found them to be free and fair.

The Lissouba Government sought to create a representative
Government by appointing members of each geographical region in
the Cabinet.  However, members of the President's ethnic group
occupy the key ministerial portfolios.  Women occupy 2 of the
28 Cabinet posts.  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,
including the National Committee on Human Rights, the Congolese
Human Rights League, and Committee of the Congolese Association
of Women Lawyers.  All freely criticize government human rights
violations as well as abusive and discriminatory aspects of
some traditional local customs.

The Government permits international nongovernmental
organizations to operate freely.

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 Pygmies and women.

     Women

Although the Constitution prohibits discrimination based on sex
and specifically endorses the right of women to earn equal pay
for equal work, discrimination against women is widespread.
Inequities persist in salaries, employment opportunities, and
access to education.

While traditional inheritance customs favor maternal links,
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.  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.  Nonetheless,
educated women are making some limited progress in professional
employment.

Violence against women occurs frequently.  Wife beating is a
continuing abuse, but cases are usually handled within the
extended family; police rarely intervene in domestic disputes.
Only in extreme instances of abuse do courts prosecute these
cases.  The general population and the media largely ignore the
issue of violence against women.

     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 achievement of these
objectives, particularly in rural areas.

     National/Racial/Ethnic Minorities

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 in which 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.  In the past, Pygmies were denied
access to public education, health, and other basic services,
and the right to own property.  Pygmies have traditionally been
excluded from the political process, and they have little
ability to influence government decisions affecting their
interests.

     People with Disabilities

The Constitution provides the disabled "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 is hampered by severe financial constraints.
The country has not implemented laws mandating access for
people with disabilities.

Section 6  Worker Rights

     a.  The Right of Association

Both the Constitution and the Labor Code affirm the right of
workers to associate freely, allowing no restrictions 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 agriculture and retail.

Unions are free to join or form new federations or
confederations.  The formerly monolithic Congolese Trade Union
Confederation (CSC) fractured into six independent union
confederations in 1994; the State has formally recognized all
of them.  They are dependent on the voluntary contributions of
their membership.  There are some links between the Government
and union leadership.  The Secretary-General of the CSC is a
member of the National Assembly, and the head of the Union
Confederation of Congolese Workers (CSTC), Congo's second
largest union, is serving in the office of the mayor of
Brazzaville.

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 notification in advance 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 1994 the CSTC called three general strikes for immediate
payment of salary arrears by the State.  The first strike was
postponed by the union leadership, and the second failed to
generate support.  The Government responded to most union
demands before the third had begun.  The Government reportedly
threatened to keep lists of government employees who failed to
report for work, implicitly for use in civil service work force
reduction.

In September, sugar factory workers went on strike for
standardization of their salaries and allowances, a reduction
in workload, and free medical treatment.  The Army shot into a
crown of machete-wielding protesters, killing one person and
injuring several others (see Section 1.a.).

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.
Although the CSC has not formally disaffiliated from the once
Communist-dominated World Federation of Trade Unions, the
relationship has all but dissolved due to lack of interest or
funding.

     b.  The Right to Organize and Bargain Collectively

With union attention absorbed by current economic problems and
the Government in the midst of structural adjustment efforts,
the National Assembly has only initiated deliberations to
revise the Labor Code.  In the past many benefits were legally
mandated, and industry-specific wage scales ("Conventions")
were determined by negotiated agreement between union
representatives, employers, the Ministry of Labor, and the
CSC.  At present, unions may negotiate freely, either
independently or in cooperation with other unions, federations,
or confederations.

Under the Constitution employers are prohibited from
discriminating against employees who exercise their
Constitutional right to organize or join a union.  There were
no reported firings for union activities.

There are no export processing zones.

     c.  Prohibition of 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 concentrated its efforts 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 of about $44 (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 out opportunities
beyond their main employment and practice subsistence
agriculture.  In 1994 this was particularly true for government
workers, who were forced to cope with salary backlogs of
several months.  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 vacations, 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 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.