Country Report on Human Rights Practices for 1992
ZAIRE
For over 27 years, President Mobutu Sese Seko has been the dominant force in
Zairian politics. However, in 1990 his grip on a highly personalized authoritarian
governmental system began to loosen. In 1992 his power was challenged by the activities
of a "sovereign" National Conference comprising 2,800 delegates and chaired
by the Archbishop oi Kisangani, Laurent Monsengwo Pasinya. Mobutu succeeded for
a time in cooptins a faction of the Conference opposition by appointing as Prime
Minister Nguz a Karl-i-Bond (November 1991-August 1992), the leader of the Union
of Independent Republicans (UFERI), who sou^t to reshape the Conference's ethnic
and regional configuration. This led to an unresolved dispute between the competing
forces and the suspension of the Conference between January and April. The Conference
then resumed against the background of a prostrate economy and ethnic and
military violence, and a compromise was reached by which the Conference extended
Mobutu's mandate as Presiaent for 2 years (his term as President had expired on
December 4, 1991) and elected the longtime Mobutu opponent, Etienne Tshisekedi
wa Mulumba, Prime Minister. Tshisekedi is a cohead of the Union for Democracy
and Social Progress (UDPS).
In a transitional act, which took account of the compromise, the National Conference
also proposed the election of a High Council of the Republic as Zaire's interim
legislative assembly and paramount political institution. The act provides for
institutional checks and balances during the transition to a democracy, which Conference
delegates expect will last 2 years. In early December, the National Conference
established tne High Council and elected .^ichbishop Monsengwo its President
shortly before its formal closing. The National Conference scheduled a constitutional
referendum for April 1993 and presidential elections for August 1994. Meanwhile,
President Mobutu contested Prime Minister Tshisekedi's authority by taking
action which challenged the authority and the accomplishments of the National
Conference.
The allegiance of the security forces remained crucial in the evolving political
struggle. In late July, a restructuring of the chain of command of the national police
force, the Gendarmerie, and the Civil Guard, brought the last two organizations,
which are tasked with maintaining law and order, under the titular responsibility
of the Minister of the Interior instead of the Minister of Defense. Advocated by reform
groups, this transfer of responsibility was seen as a step toward greater civilian
control over the security forces. Nevertheless, General Baramoto Kpama Kpata,
President Mobutu's brother-in-law, continued to be commander of the Civil Guard,
which remains loyal to the President. Moreover, President Mobutu's ethnic kinsman,
General Nzimbi Ngbale, still commands the Special Presidential Division
(DSP). Both the Civil Guard and the DSP were directly implicated in many human
rights abuses during the year yet neither commander was ever sanctioned by the
President, nor were other commanders of the military units which were involved in
human rights abuses. Zaire's total military expenditures for 1989, the last year for
which the U.S. Arms Control and Disarmament Agency conducted a detailed analysis,
were between $210 million and $223 million. Military expenditures fell in 1992
for economic reasons rather than any voluntary reduction initiated by the Government.
There is no indication that any voluntary effort will be made to reduce miUtary
spending in the near future, although economic decline will continue to take
its toll on the defense budget.
Subsistence agriculture has long been the base of Zaire's economy, but its minerals
and mining output—especially copper—has generated the hard currency revenue.
Throughout 1992, however, Zaire's economy was in deep depression. The Nguz
Government's mismanagement of public affairs during the first 8 months of 1992
—
with President Mobutu's tacit acceptance—hastened the crumbling of the country's
infrastructure and capital depletion of the state-owned corporations. At the same
time, corruption, blackmail, extortion, and embezzlement were as endemic as ever.
Inflation in 1992 attained unprecedented four-digit levels. In this environment the
wage or modem sector of the economy could not recover dynamism to offset the
losses from the looting and pillaging which occurred nationwide in the fall of 1991.
About 70 percent of the population is rural, mainly engaged in subsistence farming;
this has permitted people to survive the current economic crisis. Few if any of the
100,000 Zairian wage-earners who had lost their Jobs in the wake of the 1991 pillaging
of foreign investment projects and evacuation of foreigners have been reemployed.
There were massive human rights violations in Zaire in 1992. In particular, the
Mobutu-Nguz administration used excessive force in suppressing peaceful marches
protesting the suspension of the National Conference, notably on February 16 when
as many as 50 unarmed demonstrators were brutally slain. It also incited extensive
ethnic violence in Shaba province in which numerous civilians, mainly Kasaians,
died. Throughout the year, despite the ongoing dialog between contending political
forces, politically inspuned violenoe continued, including the bombing of UDPS offices.
Other major abuses in 1992 included the use of arbitrary detention andphysical
mistreatment of detainees, including torture. No senior law enforcement oflicer was
prosecuted for such crimes in 1992. Prime Minister Tshisekedi's Government has
pledged a commitment to the rule of law and democracy and respect for human
rights. However, the reality of divided government in a period of economic crisis
means that the transition to democracy in Zaire is far from assured, in part because
the new Government has not been able to take effective control of security and police
forces.
RESPECT FOR HUMAN RIGHTS
Section 1. Respect for the Integrity of the Person, Including Freedom from
a. Political and Other Extrajudicial Killings.—Many deaths in 1992 resulted from
the Mobutu-Nguz government s efforts to suppress political dissent and to fan ethnic
tensions (see Section l.g.). There were also several instances of targeted political or
extrajudicial killings. For example, early in the year uniformed personnel (assumed
to be military) killed an employee of the Commercial Bank of Zaire, reportedly because
of his UDPS sympatnies. In March "security forces" tortured and shot four
persons, who died at Mama Yemo Hospital. They had been arrested for participating
in the March 1 demonstrations in response to tne Nguz government's closing of the
National Conference.
There were credible reports that the Government may have summari]^ executed
19 soldiers arrested in connection with an attempted takeover of the official radio
station, the Voice of Zaire, in January. The Government said the 19 had escaped
from prison, but there was no foUowup investigation to determine the facts, and reports
indicate they were killed shortly after their arrest.
b. Disappearance.
Credible reports of disappearances or attempted kidnapings in
Zaire were numerous in 1992, particularly during the first half of the year. The
Srint media, human rights observers, and private citizens attributed many of the
isappearances to a secret special intervention force composed of elements of the security
services, whose mission it was to carry out abductions and other forms of intimiaation
against people supporting the opposition parties.
In early March, uniformed assailants attempted to detain three members of the
Layman's Coordinating Committee, the group which sponsored the Marches of Hope
on Februanr 16 and March 1. The three escaped arrest, but their experience lent
wei^t to charges about the existence of a special intervention group. Armed Forces
Chief of Staff General Mahele has acknowledged the existence of such a group,
which is popularly called "Les Hiboux" (The Owls).
At the end of 1992, there was concern about the whereabouts of 62 Zairian Air
Force personnel. They had been transferred in mid-February to a reform camp at
Irebu, Haut Zaire, allegedly for engaging in pillaeing, but, according to some
sources, for sjrmpathizing with the opposition. Before their move, they had been held
in degrading circumstances and had not been brou^t before a judge with jurisdiction
over such cases.
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment.
Torture is forbidden by Zairian law, and its use is proscribed by ofdcial policy. The
Penal Code provides that persons who have committed torture can be sentenced to
5 to 20 years in prison. S«nirity personnel nonetheless beat and otherwise mistreat
suspects during criminal interrogations. Human rights organizations have recorded
many instances of torture or cruel treatment. For example, during the March-April
trial of the soldiers accused of the attempted takeover of the government radio station,
several of the defendants affirmed they had been tortured in underground cells
at Camp Tshatshi. They testified they were stripped naked, beaten with rifle butts,
cut with bayonets, brou^t before faked firing squads, and raped or otherwise sexually
abused.
During the first half of 1992, Lieutenant Colonel Luc Mayolo Mokakoso and a
Captain Mbumb—2 of 11 army officers arrested in July 1991 on grounds of plotting
against the Government and sympathizing with opposition parties—were held at
Ndolo military prison and subjected to degrading treatment. Prisoners at Ndolo
sleep two to a straw mat in unventilated and badfy lighted rooms. Medications are
rarely available. Colonel Mayolo was released in late October; however, he still has
to report to Ndolo prison on a daily basis, is under occasional surveillance, and is
not allowed to take up any private activity.
Appalling prison conditions are a cause of prisoner morbidity. Prisoners die of exhaustion
ana assault in addition to disease, often brought on by malnutrition. Minors
are generally held in the same quarters as adults, sometimes of either sex, a
practice which encourages sexual abuse. The Zairian Prison Fellowship (ZPF) visited
six prisons in Kinshasa in 1992 although it knew of 217 throughout the country.
Conditions are particularly bad at Makala Prison, Kinshasa s penitentiary,
where the ZPF recorded seven deaths from cholera in less than a week in May. It
calculated that each inmate at Makala in May was given on average no more than
70 grams ofpoor quality food each day. Prisoners slept on bare floors without covers.
The ZPF also reported that at the Ngaba jail in the capital, men, women, and
young offenders were held together in communal cells. Another well-informed source
noted in a report that the Kalamu iail in the capital "is worse than hell. The inmates
eat, sleep, and relieve themselves in a single room in which they are asphyxiated
by ammonia gas." d. Arbitrary Arrest, Detention, or Exile.—Under Zairian law
a warrant is not required for the arrest of a suspect of a crime punishable by more
than 6 months' imprisonment. Any law enforcement officer having the status of "judicial
police officer^ is empowered to authorize arrest. This status is vested in senior
officers of each of the security services. The law provides that detainees be brought
before a magistrate for a hearing within the first 48 hours of arrest. If grounds for
arrest are presented, the magistrate may order detention for an initial period of 15
days followed by renewable 30-day periods.
In practice, especially during the first 8 months of 1992, many people were arrested
arbitrarily and held in detention for varying periods without recourse to due
process or judicial review. Although the Code of Military Justice provides for legal
safeguards, its provisions were regularly disregarded. The Government has never
implemented the National Security Council guidelines issued in 1990 to end unlawful
incommunicado detentions and the practice of internal exile. The law mandates
judicial oversight of detention centers, but such oversight rarely occurs, due to official
indifference and to a lack of personnel, materiel, and transport.
The Zairian Prison Fellowship noted in May that nearly 85 percent of the 843 inmates
then at Makala Prison were suspects who had not been tried and convicted.
Some of them had been there without charge for 10 years. About two-thirds of the
300 persons held at Ndolo military prison nave not been chaived. At year's end,
there were some signs of improvement in the situation at Makala prison following
visits by the Justice Minister and a representative of the United Nations Secretary
General charged with investigating the human ridits situation. There were reports
that judicial proceedings were being expedited at Makala, and as many as 30 prisoners
were released in November and early December.
Persons detained in Zaire for political reasons have traditionally been held under
administrative detention, house arrest, or internal exile. Many of them are held in
clandestine or military prisons. Such cases rarely come to trial. The National Security
Council has acknowledged the existence of political detainees, but the Government
has never disclosed the number. The Zainan League for Human Rights estimates
the figure to be about 90, but this may be an unaerestimate. It is impossible
to determine accurately the number of political detainees at any given moment.
On January 23, the Nguz government linked the opposition to the aborted takeover
that morning of the radio station, the Voice of Zaire. While warrants were rumored
to have been handed out for the arrest of opposition party leaders Etienne
Tshisekedi and Marcel Lihau, the only party figures detained for a short time were
Femand Tala-Ngai and Kiro Kimathe; the latter was charged with distributing
antigovemment tracts, i.e., U.S. Embassy press releases condemning the suspension
of the National Conference. At least nine people were detained for political reasons
at Makala Prison following the suppression of the March of Hope on March 1. In
early summer, some 50 prisoners held at Makala Prison wrote to the President of
the National Conference that they were being detained on trumped-up political
charges. They claimed that the charges had been sustained by corrupt magistrates.
In the past, the Government had frequently used internal exile to intimidate civilian
opponents, such as Prime Minister Tshisekedi. There were no known cases of
civilians being sentenced to internal exile in 1992, but 62 Zairian Air Force personnel
were transferred as a disciplinary measure to a reform camp at Irebu, Haut
Zaire, in mid-February (see Section l.b.).
e. Denial of Fair Public Trial
The judiciary is not independent of the executive
branch and has consistently been responsive to priorities and objectives set by the
Government and the Presidency. Zaire's civil and criminal codes are based on Belgian
and customary law. Its legal system includes lower courts, appellate courts, the
Supreme Court, and the Court of State Security. Most cases are initiated at the
local level, and many disputes are adjudicated by local administrative officials or
traditional authorities. A
stances. Charges of misconduct against senior government officials are filed directly
with the Supreme Court.
"Rie Constitution provides defendants with the right to a public trial and counsel.
The ri^t of appeal is provided in all cases except national security, armed robbery,
and smuggling, which are adjudicated by the Court of State Security. When a defendant
is unable to afford a lawyer, the law provides for court-appointed counsel
at state expense in capital cases, all proceedings before the Supreme Court, and
other cases when requested by the court. In practice, these guarantees are applied
unevenly. Many defendants never meet their counsel or do so only after months of
detention and interrogation.
Hiere were a number of irregularities in the March-April trial of the soldiers convicted
in the attempted takeover of the Voice of Zaire. Before the trial some of the
suspects had been tortured; these chaises were never investigated. Of the approximately
30 soldiers who were arrested, only 12 were brought to trial. During the
tried, some defendents alleged that they had been tortured in the presence of^high
government officials. The whereabouts of the remaining soldiers is unknown. The
defense attorneys were given access to the case files only on the fourth day of the
trial. French was the predominemt language used, yet some of the soldiers knew little
or no French.
The Transitional Government has vowed to improve Zaire's judicial system and
deliver fair and impartial justice. However, the system is compromised by corruption
and intimidation of judiciary personnel by central government authorities, especially
in politically sensitive cases and those involving property and labor disputes. The
judicial system is also hobbled by a continuing shortage of trained and motivated
personnel, a scarcity of essential supplies, and other constraints. In particular, magistrates,
like many other Zairians, suffer from inflation-ravaged wages and poor
working conditions, a situation that gives rise to corrupt practices. In September the
Zairian Le^ue oi Human Ri^ts made a number of recommendations to the
Tshisekedi Government to improve judicial administration. By year's end, the Government
implemented some oi the recommendations, particularly those relating to
exp>editing trials. Human rights groups reported better access to prisons. The Government
allowed the Intemationsu Committee of the Red Cross to provide assistance
in some prisons.
f. Arbitrary Interference with Privacy, Family, Home, or Correspondence
Security
forces routinely ignored legal provisions that require a warrant before searching a
home, and entered and searched residences at will. Also, Zairians continued to be
beaten and robbed in their homes. One of many instances of a search without warrant
was that conducted at the home of opposition political leader Kiro Kimathe,
Vice President of the Christian Federalist Democrats.
Evidence suggests that the Zairian security services open private mail and tap
telephone conversations. On March 25, Umpja, an opposition newspaper, published
a transcript of a purported telephonic intercept of a conversation between Prime
Minister Nguz and Defense Minister Ngbanda. Umoja said it had been given the
transcript by a disenchanted employee ofthe relevant security service.
g. Use of Excessive Force and Violations of Humanitarian Law in Interned Conflicts.—
There were a number of instances of security forces using excessive force and
violating humanitarian law in 1992. The Zairian security forces have not been
trained properly to perform effective crowd control. The severity with which the authorities
suppressea demonstrations in 1992 as well as the frequency of the incidents
and tne rarity of disciplinary action indicate that the autnorities condoned,
if not explicitly encouraged, the use of excessive lethal force, especially during the
first 3 months of 1992.
The most flagrant show of excessive force took place in Kinshasa on February 16.
Security forces suppressed thousands of demonstrators who had peacefully gathered
under the leadersmp of Christian laymen in support of the resumption of^the National
Conference. Troops used nightsticks, metal-tipped whips, tear gas, live gunflre,
and water cannons to attack the demonstrators, who posed no apparent threat
to public safety. Although the Government claimed that 17 persons had been killed,
at least 24 persons died, and some credible sources claim as many as 50 deaths.
More than 200 persons were injured. The Government claimed that the marches
were illegal and that the troops lost control when one of their number and his son
were killed by demonstrators.
On March 1, troops fired on participants in a smaller demonstration—a "March
of Hope" in support of the National Conference. The demonstrators posed no threat
to public order, but at least 5 persons were killed including a gendarme, and 10
were wounded. The authorities arrested over 10 persons, including 5 priests.
In both marches the oi^anizers had sought the Government's authorization several
days in advance. Havmg previously issued a generalized prohibition on all dem296
onstrations during the National Conference, the Nguz government either ignored
the requests or denied them. The demonstrators, holding aloft candles, bibles, crucifixes,
and palm branches, had intended the marches to be peaceful. Despite calls
by foreign governments including the United States, the Nguz government refused
to undertake an independent inquiry into the events to identity the perpetrators.
Tlie authorities also provoked ethnic violence for political purposes. In Shaba
province, Prime Minister Nguz and Shaba Governor Kyungu directly abetted strife
with incendiary caUs to drive out Kasaians. In January at Fungurume, near Likasi,
militant members of Nguz's UFERI party helped fan ethnic conflict, which resulted
in the deaths of 4 Balubas of Kasai origin; another 53 were injured, 11 seriously,
and 50 homes destroyed. During the following months UFERI militant members
perpetrated other politically motivated violence against Kasai Baluba in Shaba
Erovince, razed Baluba dwellings in Kapalowe, Kasumbalesa, Kasenga, Kipushi,
lukufti, and Musoshi, and displaced thousands of people in the process.
Uniformed personnel (presumed to be military) massacred some 20 persons including
children at Katanda/Tshilenge on June 27 in a tribal dispute over the use
of land. In August UFERI militants killed about a dozen Baluba and destroyed
many homes. In some instances the security forces intervened, however, to protect
ethnic Balubas, and killed at least seven UFERI members. In mid-September in
Likasi, there was further ethnic violence in which 30 Kasaians and a gendarme
were killed and 60 houses set afire.
President Mobutu traveled to Shaba in late August, ostensibly to dampen ethnic
tensions, yet failed to dismiss the people responsible for encouraging the violence
and initiated no oflicial investigation. Shaba Governor Kyungu and former Prime
Minister Nguz therefore continued to encourage anti-Baluba sentiment throughout
the year.
In Equateur and Haut Zaire provinces in the north and in Kivu province in the
east, there were incidents of violence involving apparently ill-disciplined military
units. In April and May, about 40 uniformed personnel and park guards razed several
villages in the Salonga National Park in Equateur (on the pretext of conducting
an antipoaching campaign), killed several villagers, raj>ed many women, stole personal
possessions, and burned many huts. Some 155 persons lodged grievances with
the national human ri^ts organizations. There has not been an official investigation.
Similarly, in North Kivu, more than 30,000 Zairians sought temporary refuge in
Uganda and Rwanda because of the depredations of the Zairian armed forces. In
one incident, the military razed some 80 dwellings, leaving 315 people homeless.
Disgruntled troops also sacked the cities of Kindu, in South Kivu, in late July;
Mbandaka, in Equateur, in mid-October; and Goma and Rutshuru, in North Kivu,
in late December. An especially serious incident of looting and killing in Kisangani,
Haut Zaire, December 21-22 left at least 50 persons dead and more seriously injured.
Lack of pay, poor living conditions, or conflict with local merchants apparently
triggered this action. Although there is no evidence these acts were sanctioned
ofllcially, the Government's response was slow. There was no investigation, followup,
or criminal charges.
Section 2. Respect for Civil Liberties, Including
a. Freedom of Speech and Press
The Constitution provides citizens the right to
express their opinions freely. Freedom of speech and press expanded in 1992, especially
after the Tshisekedi (jovemment was formed in August. However, Prime Minister
Nguz's government continually sought to subordinate this right to "public order
and good conduct."
The Zairian Radio and Television Office (OZRT), the only media organ capable of
reaching audiences nationwide, remains under government control. In January the
Minister of Information prohibited the broadcast of a briefing on the December 1991
visit to Washington of an opposition delegation. Shortly thereafter the Nguz government
tried unsuccessfully to limit cover^e of opposition political parties by firing
independent-minded public newscasters. Later in the year, reflecting the liberalization
under way, some broadcast journalists were presenting a more nearly balanced
treatment of the news. Later in the year, reflecting the liberalization underway,
some broadcast ioumalists were presenting a more nearly balanced reatment of the
news, but the ofncial broadcast media as a whole remained neither independent nor
objective. The OZRT usually provided regular live televised coverage of the National
Conference whenever it was in session.
The print media are subject to an ordinance on press freedom promulgated on
April 20, 1981. The ordinance does not define "freedom of the press." A member of
the bar has stated that the law more properly relates to "control of the press," e.g.,
through publication approval and copyri^t registration, rather than to freedom of
the press. The Nguz government attempted, without much success, to keep the
press in line by warning Zairian publishers in February that those not conforming
to the 1981 decree "would risk severe punishment" and by detaining in July for 4
days Zongia Mbali, the editor of Le Manager Grognon, at Makala Prison on cnarges
that his paper was not approved for distribution. The Government also tried to restrict
private press access to newsprint and other supplies. On November 7, armed
men wearing military uniforms firebombed Terra Nova, a printing plant in
Kinshasa that published a dozen opposition newspapers. Similarly, on December 26
armed men in uniforms destroyed tiie printing equipment of the newspaper group
Le Potentiel, which has supported Prime Minister Tshisekedi. No one nad been
charged in either incident hy year's end.
An energetic, if at times irresponsible, free press that occasionally reports rumors
and speculation as fact has emerged in Kinshasa. Nearly a dozen private newspapers
reported regularly on national and international events in 1992. Foreign
journalists were permitted in Zaire and reported on various developments throughout
the year. The impact of the free press was largely confined to Kinshasa, however.
Distribution of private newspapers to rural areas was limited by lack of transport
and other obstacles, including apparently the Government's alleged purchase
of surplus newspapers to prevent their distribution outside Kinshasa and
Lubumoashi. This practice was especially prevalent in Shaba province, Prime Minister
Nguz's native region.
The public universities and most other institutions of higher learning were closed
during 1992, in part to forestall student unrest, but also because of massive financial
and administrative problems and as a result of the damage to facilities caused
by the looting in September 1991. The University of Kinshasa was expected to reopen
in January 1993.
b. Freedom of Peaceful Assembly and Association
The right of the people to assemble
peacefiilly has never been firmly established in Zaire. TTie Nguz government
prohibited all demonstrations during the period of the National Conference and encouraged
the security forces to intimidate the political opponents of the status quo;
hence, an atmosphere of uncertainty prevailed concerning the security of public and
private gatherings. Especially during the first 8 months of the year, there continued
to be incidents of harassment and violence perpetrated against opposition political
groupings. Twice during this period, the omces of the UDPS party in Kinshasa,
whose de facto leader is Prime Minister Tshisekedi, were ransacked. Although opposition
political parties were not allowed to hold rallies, Nguz's UFERI party did so
in Shaoa Julv 17 without government interference.
On the other hand, the Shaba provincial authorities prevented UDPS political
leader Kibassa Maliba from being met by supporters in Lubumbashi in early March
and brutally dispersed the people who had gathered at his residence to welcome
him. One of his sympathizers was killed. Not long thereafter, Shaba ofiicials prevented
the supporters of Charles Mwando Nsimba, the leader of a dissident UFERI
faction, from holding a meeting. His supporters were violently dispersed, and their
fields were set afire.
Sympathizers of opposition political parties also at times tried to suppress free assembly
and association. For example, they stoned the cortege of the late head of the
Kimbanguist church as his remains were being taken to their final resting place.
(The Kimbanguists are considered pro-Mobutu by many people.) Similarly, during
the campaign for the election of a prime minister by the National Conference, UDPS
sympathizers threatened the opponents of party leader Tshisekedi with bodily harm
and property damage if they voted for someone else.
Since the election of Etienne Tshisekedi as Prime Minister, private organizations
have been free to organize and conduct their affairs peacefully without constraints
being imposed upon them by the Government.
c. Freedom of Religion
About 50 percent of the population is Catholic, 40 percent
Protestant and Kimhanguist (a Zairian Christian church), and 5 percent Muslim.
The remainder profess indigenous or other religious beliefs. There is no legally favored
church or religion in Zaire, but the Constitution limits religious freedom by
authorizing the Government to regulate religious sects by law.
The 1971 law regulating religious organizations grants to civil servants the power
to establish or dissolve religious groups. Under this law the process for becoming
recognized is restrictive; however, officially recognized religions are free to establish
places of worship and to train clergy. Most recognized churches have external ties,
and foreign nationals are allowed to proselytize.
The Jenovah Witnesses and some other religious sects were banned on charges
of subversive activities or fraud on March 12, 1986. Before and after the issuance
of that presidential ordinance, the Jehovah Witnesses were hounded, detained, tortured,
and at times murdered because of their religious beliefs. They also lost assets
in Kinshasa valued in excess of $25 million. During the first half of 1992, they continued
to be persecuted by government oflicials, especially in South Kivu province
(Maniema). Human rights organizations have condemned their persecution. In the
wake of the suppression of the March of Hope in Kinshasa on February 16, the
churches and rectories of St. Michael at Banaalunga, St. Joseph at Matonge, and
St. Dominic at Limete were broken into and pillaged. Two Belgian priests were expelled
for their involvement in the Marches of Hope.
d. Freedom of Movement Within the Country, Foreign Travel, Emigration, and Repatriation
All citizens, refugees, and permanent residents must carry identity
cards. Police and soldiers erect checkpoints on major roads to inspect papers. Pass-
Eorts and exit permits are available, in principle, to all citizens, but the Government
as occasionally prevented individual travel by withholding such documents. Corrupt
officials may provide them at exorbitant cost.
Ethnic strife among indigenous Katangans and Balubas of Kasai origin residing
in Shaba province provoked the displacement of thousands of Balubas to East and
West Kasai throughout the year. Even within Kasai, life was made difficult for them
because Shaba CK)vemor Kyungu prohibited the transshipment of foodstuffs and
other supplies from Shaba to Kasai, as well as expropriated the prepaid goods of
Kasai merchants in transit.
Government treatment of refugees has been benign and asylum has been liberally
granted. Most refugees in Zaire do not live in camps. Two indigenous nongovernmental
organizations, the Christian Church of Zaire and the recently formed Committee
for Intervention and Assistance to Refugees, provide assistance in conjunction
with the United Nations High Commissioner for Refugees, which maintains an
office in Kinshasa. Doctors without Borders of Belgium serves Angolan refugees in
western Shaba province. At the end of 1992, some 512,000 refugees and other displaced
persons were in Zaire, including about 280,000 Angolans. The Sudanese refugees
in northeastern Zaire numbered about 120,000. The other refugees were mainly
Burundians, Rwandans, and Ugandans. There were no known instances of forced
repatriation in 1992.
Some 60,000 Zairians have sought asylum in neighboring countries. Prospective
returnees are dealt with individually, and there is no evidence of discrimination
against them.
Section 3. Respect for Political Rights: The Right of Citizens to Change Their Government
The President and the opposition were unable to reach consensus to hold free and
fair elections in 1992. However, in August the National Conference elected Etienne
Tshisekedi Prime Minister. The election, which many people welcomed, reflected the
desire for change. President Mobutu has withheld nis support and has continually
sought to control the pace and extent of political reform, in part by attempting to
split the opposition. President Mobutu has said he will be a candidate in the presidential
election, but he is relying on units of the military and elements of the political
organizations he built up during 27 years to stand by him in his attempts to
retain power as long as he can.
The National Conference closed on December 5 under pressure from the President.
The Conference, a diverse group of 2,800 participants, set out the outlines of
a 2-year transition process, formed tne new institution of the High Council of the
Republic, established an elections calendar, and drafted a new constitution and electoral
code. However, the Conference did not consider the reports of two sensitive
commissions, which had been established to review cases of ill-gotten gains and political
killings. Although several women participated in the Conference, there are
few in the Government.
The indigenous Pygmies living in remote areas take little part in the political
process. The Pygmies did not participate in the National Conference, but their interests
were represented and their plight was debated in plenary sessions in August.
The Conference voted that all Pygmies should be considered Zairian citizens with
full citizenship.
Section 4. Governmental Attitude Regarding International and Nongovernmental Investigation
of Alleged Violations of Human Rights
Several nongovernmental Zairian human rights organizations have been active in
the country since 1990. These comprise the Zairian League of Human Rights, the
Voice of the Voiceless, the Zairian Association for the Defense of Human Rights, and
the Zairian Prison Fellowship. All have reported and documented human rights
abuses, as well as issued reports on the Government's attitude regarding its responsibility
to protect these rights and to meet the basic human needs of the population.
Because of their consistent criticism of the Government during the first 8 months
of the year, the Nguz administration frequently harassed these organizations. For
exampte, one leader of a human rights jgroup was arrested, his house and office
searched, and his documents seized oy olucials loyal to President Mobutu and the
Nguz government. Several employees of the same organization were prevented from
delivering a press statement to the local broadcast media. On December 13, two
human rights group leaders were arrested by military personnel at the Kinshasa
airport, wnere they had gone to receive a visiting French delegation. They were
beaten and held for several days in military custo^. The delegation was sent back
to France.
During the first 8 months of 1992, the Nguz government often rejected efforts by
national and international private human rights oi^anizations to investigate alleged
human rights abuses. It refused to permit an independent inquiry concerning the
February 16 massacre despite demands by the United States and members of the
European community.
The International Committee of the Red Cross (ICRC) maintains a regional oflioe
in Kinshasa. The ICRC makes regular prison visits in Zaire.
Section 5. Discrimination Based on Race, Sex, Religion, Language, or Social Status
Zaire's population of about 40 million includes over 200 separate ethnic groups.
Four indigenous languages have national status. French is the language of government,
commerce, and education. Political offices have generally been proportionally
allocated among the various ethnic groups, but President Mobutu's Ngbandi tribesmen
are disproportionately represented at the hi^est levels of the security and intelligence
services. Ngbandi predominate at all levels within the Special Presidential
Division, the best equipped and trained unit of the armed forces.
In 1992 the National Conference proposed a census for the diminishing F^gmy
population with the idea of establishing administrative territorial reserves for Pygmies.
No one has an accurate count of them since they often resist contact with outsiders.
They may number between 6,000 and 10,000.
Women are relegated to a secondanr role in Zaire's traditional society. They are
the primary farm laborers and small traders and are exclusively responsible for
child-rearing. In the nontraditional sector, women commonly receive less pay for
equal work. Women in Zaire tend to be less educated than men; a recent U.N. study
indicates that females in Zaire receive only one-third of the schooling given males.
Although women are represented in the professions and the civil service, only rarely
do women occupy positions which permit them to exercise authority over male professionals.
A few have attained positions of high responsibility.
Women are required by law to obtain their spouse's permission before engaging
in routine legal transactions, such as selling or renting real estate, opening a bank
account, accepting employment, or applying for a passport. A 1987 revision of the
Family Code permits a widow to inherit her husband's property. The Code also protects
a married woman's right to control her property and to receive a property settlement
in the event of divorce.
Although the Government has not addressed the issues of discrimination, role ascription,
and domestic violence, these issues were raised by a commission of the National
Conference. The commission did not provide any particular insights into violence
against women, including rape. In general, the Conference was very conservative
about women's rights, line question of domestic violence has generally been
ignored by the press and human ri^ts groups despite acknowledgment that it occurs
and may indeed be common. Female genital mutilation (circumcision) is not
widespread in Zaire, but it is practiced among isolated groups in northern Zaire.
Section 6. Worker Rights
a. The Right of Association
The right of workers to form and join trade unions
is provided for in the Constitution and in le^slation, but there are two exceptions.
Magistrates and other employees of the judicial system are governed by a statute
which stipulates that they may not create their own union. In addition, all military
personnel (including gendarmes or the national police) are subject to a statute which
states that they, too, ceinnot establish a union. Before April 1990, all trade unions
were required by statute to affiliate with the National Union of Zairian Workers
(UNTZA), the single legally recognized labor umbrella organization which was an
integral part of the only political party then allowed, the Popular Movement for the
Revolution (MPR). After April 24, 1990, when political pluralism was permitted, the
UNTZA disaffiliated itself from the MPR and reoi^anized under new leadership chosen
through elections deemed fair by outside observers. Other independent labor
unions and nascent confederations emerged in the ensuing months, most of which
organized along occupational lines. Some of these have antecedents which existed
in the early years of Zaire's independence. The situation is still in flux. There is a
loose confederation of government worker unions which has not selected its leaderslup.
The right to strike is recognized in Zairian law; however, "legal" strikes rarely
occur since the law requires prior resort to lengthy mandatory arbitration and appeal
procedures. Labor unions have not effectively defended the rights of workers
in the deteriorating economic environment. Although the UNTZA and the other
unions employed various means (including wildcat strikes) in 1992 in attempts to
improve pay and working conditions, their impact was minimal. The most important
work stoppage was a general strike at Mataoi early in the year in support of a resumption
of the National Conference; it ended after 3 weeks when troops of the Slst
Airborne Brigade replaced longshoremen and other striking workers. Teachers and
other civil servants also went on strike during the year for wage increases or to protest
nonpayment of salaries.
Several instances of arbitrary dismissal of employees by government employers
(various ministerial departments and state enterprises) were recorded during the
first 8 months of 1992. A well-informed source noted that 90 employees at the Office
of the Prime Minister were arbitrarily fired between February and July. Two senior
civil service union representatives were also dismissed on spurious grounds. The
reason given was unauthorized participation in political activities, i.e., active sup-
Sort of opposition parties. Credible sources have asserted that (jeneral Kikunda
imbala, the chief executive officer of Air Zaire, a government-owned airline, dismissed
personnel solelv because of their political activity.
In 1992 the UNTZA participated actively in the Organization of African Trade
Union Unity and maintained ties with a number of foreign trade union organizations.
b. The Right to Organize and Bargain Collectively
Legislation provides for the
right to bargain collectively. The UNTZA has negotiated about 1,000 collective bargaining
agreements during the past several years. An agreement between the
UNTZA and the employers association (ANEZA) provided for wages and prices to
be fixed jointly each year under minimal government sujjervision. This system,
which functioned until 1991, broke down as a result of the rapid depreciation of
Zaire's national currency and has not been replaced by an alternative system. Continuing
hyperinflation has encouraged a return to pay rates individually arranged
between employers and employees, a decline in the influence of unions (at least in
the formal economic sector), a tendency to ignore existing labor regulations, and a
buyer's market for labor.
The Government has not promulgated the revisions to the Labor Code promised
in 1990. These would strengthen the provisions of the law safeguarding the right
to form unions and to bargain collectively. The revisions would also protect workers
against antiunion discrimination.
There are no export processing zones in Zaire.
c. Prohibition of Forced or Compulsory Labor
Forced labor is prohibited by law
in Zaire. However, the Zairian Prison Fellowship reported to the National Conference
that inmates at the Lugumu and Angenga prisons were forced to work for
the personal benefit of the wardens in 1992. The International Labor Organization
Committee of Experts in its 1992 report reiterated its concern about the Zairian
laws of 1971 and 1976 that provide lor compulsory labor by Zairian nationals who
are delinquent taxpayers or who fail to contribute to national development efforts.
d. Minimum Age and Employment of Children.—The legal minimum age for employment
is 18 years. Minors 14 years and older may be employed legally with the
consent of a parent or guardian. Employment of children of all ages is common in
the informal economic sector and in subsistence agriculture. Neitner the Ministry
of Labor nor the labor unions make an eflbrt to enforce child labor laws. Larger enterprises
do not commonly exploit child labor. There were credible reports that pro-
Mobutu forces were drafting 13- to 17-year-old youths into the Special Presidential
Division.
e. Acceptable Conditions of Work
Most Zairians are engaged in subsistence a^-
culture or commerce outside the formal wage sector. Because of spiraling inflation
in 1992, the minimum legal monthly wage was far too low for employees and their
families to have anything approximating a decent standard of living. Most workers
relied on the extendied family and informal economic activity to survive.
In particular, public sector salaries remained far below the minimum subsistence
wage except at the highest levels of government service; public sector employees
generally held a second job and some enga^d in corruption. Since the law requires
employers to provide medical benefits, this was often the only reason employees
wanted to retain their jobs in the formal sector.
The maximum legal workweek (excluding voluntary^ overtime) is 48 hours. One
24-hour rest period is required every 7 days. The Labor Code specifies health and
safety standards. The Ministry of Labor is officially chaiT^ed with the enforcement
of these standards, but there is little enforcement in practice. Minimum wages, safety,
and health standards do not apply to employees engaged in subsistence agriculture.
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