Country Report on Human Rights Practices for 1988

CONGO
 
The People's Republic of the Congo is officially a
Marxist-Leninist state governed by an elite group of civilian
and military officials through the single legal party, the
Congolese Labor Party (PCT) . Chief of State and Head of
Government, President Denis Sassou-Nguesso, also serves as
President of the PCT Central Committee. The President
nominates the other 10 members of the PCT Political Bureau,
the key policymaking group, whose selection is approved by the
75-member Central Committee. Central Committee membership is
balanced among southern, northern, and central ethnic groups.
The military and security services are firmly under the
control of the northerners, and they ultimately are the
arbiters of power in the Congo. But the need to maintain a
consensus among the competing regions and ethnic groups
provides a check on arbitrary policies.

The security apparatus, which is under the direction of the
Presidency, is headed by the State Security Organization
(DGSE) and is patterned after those in Eastern Europe. Its
principal objective is to protect the State against possible
dissident activity. PCT "core groups" are in all ministries,
labor organizations, mass organizations, and urban districts
to monitor the activities of workers and neighbors. The
military forces are also used for internal security purposes.

The Congolese economy is highly dependent on oil, which in
1988 accounted for over 90 percent of exports. Sharp
reductions in oil revenues forced the Government to cut its
budget in half in 1985 and to accept an International Monetary
Fund (IMF) adjustment program in 1986. In 1987 the World Bank
approved two loans totaling $85.2 million for a structural
adjustment program and a short-term advisory program to study
reforms in public enterprises. The IMF program expired in
April 1988; negotiations for a second accord were under way at
the end of the year. Within the PCT leadership there has been
much discussion about mismanagement of the economy.

The human rights situation in the Congo changed little in
1988. Most Congolese live their daily lives with little
governmental and police interference so long as they refrain
from opposing the Government or criticizing its goals. There
was a coup attempt against the Government in July 1987 led by
former army captain Pierre Anga and a few supporters with
alleged ties to former President Joachim Yhombi-Opango . In
August 1987, government forces engaged Anga and several others
in battle in the northern town of Owando. Anga fled and
remained at large until July 1988, when he was tracked down
and killed by government troops. According to Amnesty
International (AI), the Government arrested 60 or 70 people in
the coup aftermath, including several of Anga's relatives,
many of whom remained in preventive detention without charge
in Brazzaville at the end of 1988. Also, Yhombi-Opango
remained under house arrest in Brazzaville. Although the
President announced in August the unconditional release of all
political detainees and convicted prisoners except those
arrested in connection with the 1987 coup plot, at the end of
1988 a number of political detainees and convicts apparently
remained in prison.
 
Section 1 Respect for the Integrity of the Person, Including Freedom from:
 
      a. Political Killing
There were no reported politically motivated killings.
 
      b. Disappearance
There were no reported cases of disappearance for political
motives
.
 
      c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment
The practice of beating suspects at police stations and at
state security centers in the course of interrogations is
common. The public or the police frequently beat thieves who
have been caught in the act of stealing. Political detainees
are held incommunicado, and it is reasonable to assume that
police use torture to extract desired information that is not
freely given. Several political prisoners held incommunicado
in the past are now leading normal lives with no apparent ill
effect. Some have regained earlier status and others are
serving as government ministers.
Prison conditions in general are poor, and there is a lack of
adequate food, hygiene, and medical care. Both detainees and
prisoners may be visited by family or friends, who bear all
responsibility for providing food and medicines.
AI in various statements and reports, expressed concern over
reports of torture of some of those detained after the 1987
coup attempt, including Lt. Colonel Eboundit, Georges
Maf outa-Kitoko, and Eugene Madimba. The Government denied
that Eboundit had been tortured or was in ill health. Eugene
Madimba was resettled in France in 1988 with the assistance of
the United Nations High Commissioner for Refugees (UNHCR)
.
 
      d. Arbitrary Arrest, Detention, or Exile
The Constitution provides protection against arbitrary
indictment, arrest, and detention. But, in practice, a
warrant is not required to make arrests. There is a legal
requirement that a detainee be brought before an investigative
judge within 3 days of arrest. The judge may then order
detention for a maximum period of 6 months, after which the
detainee must be charged or released. This law does not apply
in cases involving the security of the State, and political
detainees have been held for lengthy periods without being
brought before a judge or charged. The trial of those accused
of having participated in the 1982 bombings in Brazzaville did
not take place until 1986, and some of the accused were held
incommunicado for several years.
Despite the Government's steps to increase the number of
magistrates and to improve procedures, the administrative
processing of regular criminal cases is slow, and persons
awaiting trial often are held for lengthy periods. Detained
persons are entitled to legal counsel. All lawyers are
regulated by the State. In capital criminal cases, defense
lawyers are provided by the Government for those without
funds. Whether a detainee is formally charged usually depends
upon the seriousness of the crime and the economic situation
of the family. For lesser crimes, the person is usually taken
to jail, where he may be beaten and held for a few days, then
released on bail pending a trial which may or may not ever
take place. A person accused of a serious crime (e.g.,
murder, rape) is held in prison until the trial, which may be
held months or even years later.
The number of political detainees or prisoners in 1988 was
unknown. Initially the Government reportedly arrested some 60
or 70 persons in connection with the 1987 coup attempt. The
Government officially acknowledged the arrest of four military
men and two civilians for alleged participation in the 1987
coup plot. Ex-President Yhombi-Opango and Colonel Jean Michel
Ebaka and Lt. Colonel Eboundit, the ranking military officers
arrested, remained in detention at a government housing
complex at year's end. After the killing of coup leader
Pierre Anga in July, a number of his relatives and other
associates were arrested, including his widow, a daughter, and
two brothers. The Government claimed to have released some of
these persons by the end of 1988 but refused to reveal the
names of those still in detention or those released.
In August the President announced an amnesty for most persons
held for political offenses since 1963, except those arrested
in connection with the 1987 coup plot. Despite this
announcement, it appeared that at least some political
detainees who were not connected to the 1987 coup plot
remained in prison at the end of the year, including Georges
Maf outa-Kitoko, Christophe Samba, and Florent Kihoulou, all of
whom, according to AI, have been held without charge since
1986 for belonging to an independent political discussion
group and writing a tract calling for a "new society." The
Government asserts they were involved in a coup attempt.
There were no known instances of exile being used as a means
of political control in 1988. With regard to forced or
compulsory labor, see Section 6.c.
 
      e. Denial of Fair Public Trial
The legal system is not insulated from political interference.
The Constitution provides for a Supreme Court, which is in
practice an arm of the executive branch rather than an
independent body. The amended Constitution also provides for
nonprofessional judges to be elected to all courts below the
Supreme Court. The stated purpose of this change was to
"popularize justice," i.e., provide a role for peers to
influence the formal judicial process. According to the law,
any Congolese citizen may become a judge but can adjudicate
cases only in collaboration with trained judges. Each
nomination must be approved by the party. By law, the right
to a fair and public trial exists in all cases, and the
judicial process is relatively fair and open for those accused
of common crimes. Also, it is not unusual to have a higher
court reverse lower court decisions in nonpolitical cases.
Political cases are tried by a special court, the
Revolutionary Court of Justice. In February 1987, AI
submitted a 27-page report expressing its concern that the
August 1986 trial of 10 persons, who were convicted of causing
bomb explosions in Brazzaville in March and July 1982, had not
met international standards of fairness for several reasons,
e.g., several judges were members of the PCT Central Committee
and had been involved in the case at an earlier stage.
Prior to his state visit to France in 1987, President
Sassou-Nguesso granted a pardon to a French national, Claude
Buisson, who had been sentenced to 7 years' hard labor in the
August 1986 bombing trial. In August 1988, the President
commuted the sentences of four other defendants convicted in
the 1986 bomb plot trial, including Claude Ernest Ndala, a
former Congolese official, whose sentence was reduced from
death to hard labor for life. Three others had 20-year
sentences reduced to 5 years.
 
      f. Arbitrary Interference with Privacy, Family, Home, or Correspondence
There is generally little interference by the Government with
privacy, family, home, or correspondence so long as a person
does not engage in any activity which involves or implies
opposition to the Government.
 
 
Section 2 Respect for Civil Liberties, Including:
 
      a. Freedom of Speech and Press
Freedom of speech and press are restricted, despite guarantees
in the Constitution. The Government allows some criticism of
its policies and programs judged not to be politically
sensitive, but it does not allow its ultimate authority to be
challenged publicly. The Government does not hesitate to
arrest people and hold them incommunicado for expressing views
it finds objectionable, as in the cases of Georges
Maf outa-Kitoko and two others who were arrested in April 1986,
and Jean-Felix Demba Ntelo, who was released by presidential
decree in 1988 after several months in custody. The Government
maintains these persons were involved in a coup attempt.
The State owns and controls all media except for one weekly
religious newspaper. A state censorship committee reviews the
content of all newspapers, movies, books, and records.
Articles considered to be critical of the Government or its
leaders are censored. The Government and party, through
general guidelines for journalists, control the kinds of news
Congolese journalists may publish from various sources of
information. Television viewers have access to Zairian radio
and television, as well as to news and feature programming
from France and the United States. While the Government
controls the local press, foreign journalists are generally
permitted to travel freely once an entry visa and a special
permit for travel to the interior are obtained. These are
usually granted.
Academic freedom is limited. The Congolese educational system
borrows liberally from the Soviet system in form, but it
offers a broad range of materials, including American, to
students
.
 
      b. Freedom of Peaceful Assembly and Association
The right of peaceful assembly is limited by the State's
perceived self-interest. Political meetings are permitted
only for the party and its affiliated organizations.
Government permission is not required for groups to assemble
for religious and social purposes, but it is required for the
use of official facilities. Government authorization also is
required to establish professional clubs and organizations, of
which there are several.
For a discussion of freedom of association as it applies to
labor unions, see Section 6. a.
 
      c. Freedom of Religion
Freedom of religion is guaranteed by law, but the Government
is officially atheist. Christmas Day, for example, is
officially called Children's Day. Religious organizations,
such as the Salvation Army, must obtain the Government's
permission to work in the Congo. Jehovah's Witnesses are not
permitted in the Congo. Members of the Baha * i faith may hold
services but are prohibited from organizing and teaching.
With these exceptions, the party and Government do not
interfere in religious affairs. The Catholic Church, the
largest single religious community, maintains a seminary for
the training of its clergy and has missions throughout the
country. Masses are held in the various local languages as
well as in French. The Catholic church publishes the only
independent newspaper. La Semaine Africaine. Catholic and
other missionaries are active in managing private missions and
clinics and providing other social services. While some of
these services are joint ventures between the Church and the
Government, many of the services formerly provided by churches
have lapsed.
 
      d. Freedom of Movement Within the Country, Foreign Travel, Emigration, and Repatriation
The Government exercises limited control over the internal
movement of its citizens through identification card checks.
There are control points outside all major towns manned by
soldiers or militia, who rigorously check identification
documents. Congolese citizens who wish to travel abroad
require exit authorization from the State Security
Organization (DGSE) . Government employees traveling abroad
must obtain permission from the appropriate government
office. Passports must be returned to the DSGE after the
traveler's return from abroad. The Government exercises tight
control over travel by foreigners in the Congo. Most visas
are for one entry only; exit visas are required for
nondiplomats ; and those desiring to travel into the interior
must obtain permission from the appropriate ministry. There
are no known instances of Congolese being refused the right to
return to their country. Citizenship may be lost under
conditions established in the nationality code, e.g., by
taking the citizenship of another country or after conviction
for espionage. There are no known cases of a native-born
Congolese being denied citizenship.
The Congo is the home of about 2,100 exiles and refugees,
primarily from Chad, Central African Republic, and Zaire.
While refugees are subject to surveillance and occasional
harassment by the Congolese Government, there were no cases of
forcible repatriation in 1988. The Congo is a party to the
U.N. Convention and Protocol Relating to the Status of
Refugees, and a representative of the UNHCR is resident in
Brazzavi lie
.
Section 3 Respect for Political Rights: the Right of Citizens
to Change Their Government
The Congolese people do not have the right to change their
government through democratic processes. While the President
is the most powerful single person in the Government, his
authority is limited by his need to maintain a consensus in
the Political Bureau and within the larger Central Committee
of the PCT, which is carefully balanced among northerners,
southerners, and those from the central region. Militaryofficers
occupy key positions among the ruling group and help
ensure its continuation in power.
Opportunities for political involvement by Congolese citizens
are limited to the Marxist-Leninist Congolese Labor Party
(PCT), including its mass organizations, and to participation
in the national, regional, and local assemblies. The
Congolese Labor Party is the "supreme social and political
organization." No other political parties are permitted to
operate. PCT membership numbers only 8,700 out of a total
population of almost 2 million. Membership is awarded on the
basis of political loyalty and public service.
The powers of the National Assembly are limited. The
national, regional, and local assemblies are elected by
universal suffrage from single-party approved lists, which
contain only one candidate for each seat. The selection
process can involve a certain amount of negotiation within the
PCT. Incumbents have been turned out of office in the
process. National Assembly representatives are chosen on a
merit basis from a broad spectrum of the population, including
party members, the army, small farmers, and workers. The
National Assembly has some impact on social and economic
issues, and regional and local assemblies may discuss issues
and make recommendations before decisions are made at the
national level. The last elections for the national,
regional, and local assemblies occurred in 1984.
Women play a small but increasingly visible role in the
nation's political life. Only 600 out of the party's 8,700
members are women. Four women are members of the party's
75-member Central Committee, and several are seated in the
National Assembly. The highest ranking woman in the Congo,
Celine Eckombo, is the PCT political commissioner of the
nation's third city, Loubomo.
 
 
Section 4 Governmental Attitude Regarding International and Nongovernmental Investigation of Alleged Violations of Human Rights
 
The Government permitted AI to send an observer to the 1986
bombing trial. However, the Government did not respond to
AI's subsequent request to send a delegation to review the
human rights situation or to its 1987 memorandum concerning
the 1986 trial. There are no human rights organizations in
the Congo.
 
 
Section 5 Discrimination Based on Race, Sex, Religion, Language, or Social Status
 
Under the Constitution there is no official discrimination
based on race, sex, religion, language, or social status. As
previously noted, northerners exert strong influence in
politics and in the security services.
Women have the same legal rights as men in the commercial,
political, and social domains. There is a large disparity,
however, between salaries for men and women, and women are
relegated to a secondary role in the modern sectors of
society, as well as in rural society where women are heavily
involved in traditional family farming. Among some ethnic
groups women are often the chief decisionmakers.
 
 
Section 6 Worker Rights
 
      a. The Right of Association
The labor code adopted in March 1975 is quite liberal in
theory and provides for the right of workers to associate. In
practice, given its past active political role, the labor
movement is scrutinized closely and controlled by the
Government and party, largely through the umbrella union, the
Congolese Trade Union Confederation (CTUC) , which is an
appendage of the party. The party approves the national
leadership of the CTUC. No group is allowed to form an
independent, alternative union outside the party. As long as
political subjects are avoided, there is a certain degree of
democratic dialog within the labor movement and between the
CTUC and the Government.
The CTUC unions are prohibited from striking, although wildcat
strikes do occur with relative impunity.
The CTUC is affiliated with the World Federation of Trade
Unions, but it is free to associate with other international
and regional labor bodies. For example, as a reflection of
the Congolese Government's efforts to improve contacts with
Western countries, the CTUC leadership proposed establishment
of a bilateral relationship with the African-American Labor
Center in July 1988.
Despite government assertions that the single trade union
system results from the common will of the workers and from
political, economic, and historical development, the
International Labor Organization (ILO) Committee of Experts
has noted that a trade union monopoly established by
legislation is in violation of ILO Convention 87 and has urged
the Government to brings its legislation into conformity.
 
      b. The Right to Organize and Bargain Collectively
The CTUC is represented in every ministry and state-owned
enterprise and serves on mandatory boards along with a member
of the Government and the party. Known as the "determinant
trilogy," this structure is responsible for ensuring that the
three major points of view are represented in the
decisionmaking process and serves as the Congo's form of
collective bargaining. While no alternatives exist to
striking, the local unions within the Confederation have been
able in some instances to persuade the Government to provide
workers with increased benefits. The entire Congolese labor
force is treated equally under the law; there are no
exceptions such as those granted, for example, to export
processing zones, of which the Congo has none.
 
      c. Prohibition of Forced or Compulsory Labor
There were no substantiated reports of forced or compulsory
labor, which is legally prohibited.
 
      d. Minimum Age for Employment of Children
The minimum age for the employment of children is 16. Outside
the Government and major employers, this minimum is often
ignored, especially in small family enterprises or family
farms in the subsistence agricultural sector.
 
      e. Acceptable Conditions of Work
In previous years, revenues from oil production allowed the
Government to employ large numbers of Congolese in various
government organizations, including state corporations. Owing
to declining oil revenues and the need to comply with an IMF
standby agreement and World Bank structural adjustment
programs, the Government has abandoned its program
of guaranteed employment for all university graduates. It is
privatizing some state enterprises and has frozen government
hiring. Working conditions for Congolese in the modern
sector, which employs about 50 percent of the population, are
generally good. These include a maximum 40-hour workweek, at
least 1 day of rest per week, family benefits, severance pay,
and medical care. There is a social security system, and the
minimum monthly wage is $102 for urban employees. Domestic
workers must be paid at least $75 monthly. These wages are
sufficient to provide for a decent standard of living.
Outside government and the large corporations, these minimums
are often ignored. There is a code of occupational safety and
health, although it too is probably not rigidly enforced.
While many salaried Congolese have a generally high standard
of working conditions and social benefits, most of the rural
population is still engaged in subsistence farming.
 

Wir führen eine Nutzer·innenbefragung durch und währen dankbar, wenn Sie sich die Zeit nehmen könnten, uns zu helfen ecoi.net zu verbessern.

Die Umfrage dauert ca. 7-15 Minuten.

Klicken Sie hier: zur Umfrage... Danke!

ecoi.net-Umfrage 2025