Country Report on Human Rights Practices for 1987
GABON
.
Gabon has a single-party political system in which effective
political power is concentrated in the presidency. That
office has been held since 1967 by President Omar Bongo, who
is also head of the party. A March 1983 amendment to the
party constitution restricts candidacy in future presidential
elections to the "President-Founder of the Democratic Party of
Gabon," thus reserving presidential candidacy for President
Bongo. He was reelected President on November 9, 1986. In
practice, presidential power is limited by the complexity of
the governmental structure and the diffusion of power through
45 cabinet-level officials led by a prime minister. A
120-member National Assembly is elected from slates chosen by
the single party and meets regularly, but it has little real
power
.
Although still a developing country, Gabon has one of the
highest per capita incomes (about $3,000 in 1987) in
sub-Saharan Africa due to its significant petroleum and
mineral resources and its small population. While income
distribution is skewed in favor of the modern urban sector as
opposed to the traditional agricultural sector, most Gabonese
have benefited in some measure from the country's strong
economy. Nevertheless, the drop in world oil prices beginning
in late 1985 has led to a sharp contraction in the economy
which will likely continue in 1988. In general, economic
performance has benefited from longstanding government
policies supporting private enterprise and encouraging foreign
investment
.
There was no basic change in the human rights situation in
1987. The country's 1961 Constitution guarantees protection
and respect for the integrity of the person and, with isolated
exceptions, these rights are respected in practice. Political
rights, however, are not guaranteed under the Constitution,
and active political opposition to the sole legal party is not
permitted. There is no evidence of systematic police or other
repression of the population. Gabon released the last of its
political prisoners in 1985. A number of Jehovah's Witnesses,
arrested in late 1986 for attending services, received short
or suspended sentences and fines in 1987. The sect has been
banned since 1970 for alleged antigovernment attitudes.
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, Including
Freedom from:
a. Political Killing
There were no known political killings or summary executions.
b. Disappearanceppearance
There were no known cases of abductions or hostage-taking by
government o'r any other groups. The authorities are sometimes
slow to advise the families of accused criminals or detainees
who are arrested, but there has been no evidence of attempts
to suppress news of an arrest.
c. Torture or Other Cruel, Inhuman, or Degrading Treatment or Punishmenture and Other Cruel, Inhuman, or Degrading
Treatment or Punishment
In past years the political opposition group, the Movement for
National Recovery (MORENA) , based in Paris, alleged that
several people detained in the Libreville prison on political
charges were mistreated or kept in degrading conditions.
However, family members reported no serious mistreatment, and
these allegations have not been repeated in the last several
years. Police are believed to be rough but not brutal in
their treatment of suspected criminals. Prison conditions are
harsh.
d. Arbitrary Arrest, Detention, Exile or Forced Laborrary Arrest, Detention, Exile, or Forced Labor
In Gabon, "acts against the security of the State" and
"actions against the Chief of State," which can include
advocating a multiparty system, are punishable crimes. There
were no reports in 1987 of detention without trial of persons
accused of violations of criminal law. Gabonese law, amended
in September 1983 and ratified by the National Assembly early
in 1984, provides guarantees against arbitrary detention
according to clearly articulated judicial procedure which is
observed in practice. Previously, there was no legal
protection against arbitrary detention.
Forced labor is not used as a means of political coercion or
racial or social discrimination. Some prison sentences for
serious crimes include hard labor as part of the sentence.
e. Denial of Fair Public Trial of Fair Public Trial
The legal system, based upon French law, customary law, and
the 1961 Constitution, gives the President a powerful role and
functions fairly effectively. The right to a fair public
trial is guaranteed by the Constitution and has generally been
respected in practice in criminal cases. In
security/political cases, however, there has been more
controversy and inconsistency. A 1982 trial of 29 alleged
members of MORENA took place in public with representatives of
the international press and Amnesty International present,
while a 1983 trial of four political dissidents took place in
secret. The charges leveled against the accused were
basically the same in both cases, namely, printing and
distributing antigovernment tracts and encouraging the
Government of France to use its influence in Gabon to bring
about a multiparty political system. No known political
prisoners are currently being held. All those convicted in
the 1982 trial were granted full pardons by President Bongo on
June 19, 1986. In 1987 President Bongo continued the practice
of commuting prison sentences on New Year's day for
well-behaved first offenders who were not convicted of first
degree murder or armed robbery. Life terms were reduced to 20
years, and most other terms were cut in half.
The Gabonese court system is modeled on the French judicial
system. Trial courts hear questions of fact and law in civil,
commercial, social, criminal, and administrative cases. A
second level of appeals courts is divided into two general
appellate courts, with a separate appeals court for criminal
cases. Gabon's highest judicial body, the Supreme Court, is
divided into four chambers. There are also three exceptional
courts: a military tribunal which handles all military
offenses, a state security court, and a special criminal court
which deals with fraud and embezzlement of public funds by
officials.
The judiciary is implicitly susceptible to executive
influence, since Gabon's Constitution gives the President the
authority to appoint, transfer, and dismiss judicial officials.
f. Arbitrary Interference with Privacy, Family, Home or Correspondencerary Interference with Privacy, Family, Home, or
Correspondence
The various police and security units monitor alleged dissident
political activity, including dissident telephone
conversations, but interference in the daily life of the
populace is relatively rare.
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Pressof Speech and Press
There are limits on these rights in Gabon. No direct public
criticism of President Bongo is permitted, and no advocacy of a
multiparty political system by the media or individuals is
tolerated. The country's single daily newspaper, which is
government owned, regularly prints columns attacking alleged
inefficiency or corruption in various government offices. One
leading journalist was fired in October 1987 when a scathing
column reportedly hit too close to home for some senior
government officials. Foreign magazines and newspapers, which
sometimes criticize the President, notably French publications
and magazines printed elsewhere in Africa, are seized
occasionally by the police, and a few publications are banned.
Journalists are considered to be state employees and are
expected to expound on themes as directed by the Government.
The policies of the Government are occasionally debated in
public forums. The President sometimes holds press conferences,
and his ministers have submitted to lively direct questioning
on television on a broad range of domestic policy issues such
as education, public housing, and transportation.
b. Freedom of Peaceful Assembly and Associationof Peaceful Assembly and Association
Political activity outside the Democratic Party of Gabon is
illegal. The Government does not interfere in the affairs of
nonpolitical organizations. In some sectors, for example,
sports clubs and social service organizations have been formed.
Labor unions may organize but must be affiliated with the
government-sponsored Labor Confederation of Gabon (COSYGA)
,
which is considered a specialized organ of the Democratic Party
of Gabon and the sole labor federation. The Labor Code (1978)
and the General Convention of Labor (1982) govern general
working conditions and benefits for all sectors. Unions in
each sector negotiate with management over specific pay scales,
working conditions, and benefits applicable to their industry.
Representatives of labor, management, and government meet
annually to agree on the minimum wage, which is determined
within guidelines provided by the Government. Under Gabonese
law, all strikes are illegal which occur before remedies
prescribed under the Labor Code have been exhausted. No
strikes were reported in 1987, although in previous years
workers have organized strikes or job actions over wages and
working conditions. The Labor Confederation of Gabon is a
member of the Organization of African Trade Union Unity.
It is estimated that over half of Gabon's 90,000 salaried
private sector workers are unionized. Government employees are
not permitted to belong to unions. Agreements reached between
labor and management in each sector also apply to nonunion and
expatriate labor. According to the Labor Code, workers may
individually or collectively take complaints of code violations
to arbitration and may appeal to labor and national courts.
These provisions are respected in practice.
no
c. Freedom of Religionof Religion
The Constitution guarantees religious freedom and tolerance.
However, proselytizing has sometimes been discouraged. In 1970
a presidential decree banned several small syncretistic sects
and the Jehovah's Witnesses, and declared illegal the practice
of these "cults." This ban was believed to be the product of
government suspicions that these religious groups were involved
in antigovernment activities. The 1970 decree was reiterated
in 1985. On Christmas Day 1986, security forces in Port
Gentil, Gabon's second largest city, arrested 24 men for
attending a Jehovah's Witnesses service, considered a violation
of the presidential ban on Witnesses' activities. Their trial
ended January 31, 1987; 21 received suspended sentences, and 3
were sentenced to 2 months in prison and each fined about
$300. They are now free. In the aftermath of this incident,
government officials in the human rights area commenced a
dialogue with respected Gabonese Jehovah's Witnesses with a
view to working out a modus vivendi
.
As a general rule. Christian, Muslim, and animist religions all
flourish in Gabon, and public worship is unrestricted. There
is no political or economic discrimination because of religious
preference. A number of different religious groups operate
schools. In February 1987, President Bongo took the
extraordinary step of transferring to the Ministry of National
Education the administration of 150 schools run by the
Protestant Evangelical Church of Gabon. The Government said
the move was necessary to minimize the impact on school
children of a 15-year-old leadership struggle which has torn
that church apart and compromised its institutions.
d. Freedom of Movement Within the Country, Foreignof Movement Within the Country, Foreign
Travel, Emigration, and Repatriation
Movement within the country and return to Gabon from abroad are
normally not restricted by the Government. Government
employees, however, must obtain permission to travel abroad,
and private citizens must obtain exit permits. Immigration
laws and presidential decrees promulgated in mid-1986 imposed
heavy monetary guarantee requirements on non-French expatriates
working in Gabon and levied $100 exit visa fees for each
departure from the country. Since mid-1983, the Government has
slightly tightened restrictions on the entry and resettlement
of displaced persons, but many persons who have been deemed to
have a "well-founded fear of persecution" in their country of
origin have been given permission to stay in Gabon. There have
been no reported cases of involuntary repatriation. Those
refugees or displaced persons who wish to repatriate
voluntarily are allowed to do so.
Section 3 Respect for Political Rights: The Right of Citizens to Change Their Gonvernment
Gabon is governed by a centralized, single-party regime in
which President Omar Bongo exercises most political power.
Citizens are unable to change the one-party political system
and therefore cannot change the party in power through the
electoral process. Major political and economic decisions are
made by the President, usually in consultation with cabinetlevel
officials. This group of 45 includes representatives of
all the country's major ethnic, geographic, and political
groups. Through this mechanism, Gabon's varied interest groups
are heard, given access to political patronage, and consulted
on national resource distribution. The Fang, an ethnic group
Ill
comprising about 35 percent of the population, feel themselves
to be underrepresented. Fear of Fang dominance by the
remaining 65 percent has contributed to the President's
political control. The need to maintain the balance of
interests represents, therefore, the major check on
presidential power. The very size and complexity of the
government structure is another significant factor. Opposition
political parties are not permitted. Membership in the single
political party is open to all Gabonese but is not required.
Elections below the presidential level are sometimes contested,
but all candidates must be approved by the Democratic Party of
Gabon. The Central Committee of the ruling party was expanded
in September 1986 and for the first time included two former
members of the MORENA opposition group.
Section 4 Governmental Attitude Regarding International and Nongovernmental Investigation of Alleged Violations of Human Rights
President Bongo has invited representatives of Amnesty
International and other human rights organizations to visit
Gabon. The United Nations High Commissioner for Refugees
functions in Gabon under the aegis of the United Nations
Development Program. Gabon in 1987 nominated a candidate to
the Africa Human Rights Commission.
Section 5 Discrimination Based on Race, Sex, Religion, Language, or Social Status
In recent years, women have played an increasing role in r.he
economic, political, and cultural life of the country,
particularly in urban areas. The Government and party have
promoted women's rights, including formation of the National
Commission for the Promotion of Women in 1984, which called for
increased support for health care, nutrition, and literacy
programs for women. The cabinet reshuffle on January 6, 1987,
vaulted a woman into full ministerial rank with the naming of
Sophie Ngwamassana as Minister of Justice. Four other women
occupy cabinet rank positions as secretaries of state. In
September 1986, five women became members of the Political
Bureau of the Democratic Party of Gabon, the first women to
serve at this level of the party. Women are also represented
in the judiciary and occupy 17 seats in the National Assembly.
Nevertheless, in rural Gabon women still fill largely
traditional roles built around family and village. Onerous
duties, such as hauling water, are being lightened as piped-in
water and electricity are gradually introduced in more villages.
The Government's policy of "regroupment"--encouraging the
voluntary consolidation of small rural communities into larger
villages along a road--is designed to enhance delivery of public
services such as water, electricity, and schooling and has the
effect of improving living standards for rural women.
Access to the Government's social programs is open to all
Gabonese citizens on a nondiscriminatory basis.
CONDITIONS OF LABOR
Labor legislation provides broad protection to workers. The
minimum wage for unskilled labor since April 1985 has been
about $200 per month for Gabonese and about $150 for
foreigners. Owing to labor shortages, most salaries are much
higher. There has been little unemployment for Gabonese
wishing to enter the wage economy, though it is increasing as
the economy reacts to the drop in oil prices.
No minor below the age of 16 may work without the authorization
of the Ministries of Labor, Public Health, and Education. It
is rarely granted, and few employees in the modern sector are
below the age of 18. Work over 40 hours per week must be
compensated with overtime, and the workweek must include a
minimum rest of 48 consecutive hours. Pregnant women have a
right to 14 weeks of leave during pregnancy, including 6 weeks
before delivery. The Labor Code describes enforcement of
occupational health and safety standards, which are established
by decree of the Minister of Health. These standards are
enforced by the Government.
