Country Report on Human Rights Practices for 1986
ZAIRE
President Mobutu Sese Seko, who came to power in 1965, heads
both the Government of Zaire and its only legal party, the
Popular Movement of the Revolution (MPR) . The President has
the constitutional power to promulgate laws by decree. In
theory, authority is shared with the popularly elected
Legislative Council. In practice, the Parliament rarely
disagrees with presidential decisions, although decrees are
usually preceded by consultations with party leaders and
legislators. The single legal party automatically includes
all Zairian citizens as members. The Executive Council (Prime
Minister and Council of Ministers), the Legislative Council
(unicameral parliament), the judiciary, and the only labor
union (National Union of Zairian Workers) are all organs of
the party.
A complex of security organizations, notably the civilian
National Documentation Agency, the paramilitary gendarmerie
and civil guard, and the armed forces share responsibility for
identifying and controlling potential internal and external
threats to Zaire and the Government. Their broad powers and
influence can lead to arbitrary harassment and detention of
ordinary citizens as well as suspected political opponents of
the Government .
Zaire has a mixed economy. Though major mining and
transportation activities are state owned, private enterprise
is the rule in the other sectors, with the State often holding
a minority equity position in larger firms. Zaire shares the
economic problems of most sub-Saharan African countries,
including low income levels, inadequate infrastructure, low
world prices for export commodities, and a high foreign debt.
However, after several unsuccessful starts, Zaire's extensive
economic reform program, initiated in January 1983, had
achieved significant progress in stabilizing the economy by
1986.
Credible allegations of serious human rights abuses continued
to be heard in 1986. One positive development was the loss of
much of the momentum in the 20-year-old insurgency in eastern
Zaire when the Government succeeded in negotiating the
peaceful surrender of 1,500 persons, including rebel soldiers
and their families. No major military actions were reported
along the shores of Lake Tanganyika between Uvira in Kivu
province and Moba in Shaba province, a village that was
attacked by rebel forces in both 1984 and 1985. Former rebels
in eastern Zaire who turned themselves in to government forces
have reportedly been accorded humane treatment, and most have
returned to their home villages. With the insurgency waning,
no reports of civilian casualties appeared. In contrast, the
Government lessened its efforts to reconcile differences with
political dissidents, and leading members of a group
advocating the legalization of a second political party were
rearrested and subsequently exiled to the interior of the
country in June and July. Despite some positive steps in
November to improve the administration of justice and check
excesses, harassment of citizens by law enforcement personnel
and inordinate delays in processing of detainees remained
serious problems at the end of the year. The Government also
banned activities by the Jehovah's Witnesses and several other
minor religious groups.
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, Including
Freedom from:
a. Political Killing
Fighting between rebel and government forces produced
allegations of politically motivated casualties in eastern
Zaire in 1984 and 1985. There were no substantiated incidents
of such killing for political motives in 1986. However,
dissidents advocating establishment of a second political
party, the Union for Democracy and Social Progress (UDPS),
have published a list of UDPS members allegedly killed while
in detention. It is impossible to confirm these allegations.
b. Disappearance
Rumors of the disappearance of detainees surface from time to
time. There were no credible reports that such disappearances
took place in 1986.
c. Torture and Cruel, Inhuman, or Degrading Treatment
or Punishment
The Government states that it does not condone torture and
denies allegations that torture is administered by its
officials during interrogation. Amnesty International, on the
other hand, has on numerous occasions alleged, most recently
in a report dated March 1986, that the Government is
responsible for arbitrary arrests, torture, and extrajudicial
executions. Amnesty's report refers to acts allegedly
committed by Zairian armed forces in Shaba in the period July
1984-July 1985. Amnesty maintains that torture and physical
mistreatment of detainees is routine in most Zairian places of
detention. It is likely that physical mistreatment of
detainees, particularly the use of undue force at the time of
arrest and during preliminary interrogation, is common
practice. There are regular reports of unsanitary and
overcrowded facilities, malnutrition, and starvation among
prisoners. A lack of concern at senior levels, incompetence,
corruption, and limited funding all contribute to these
problems, although they also stem from ingrained social and
economic factors. A commission established in 1985 to
investigate prison and judicial performance continued its
work, albeit at a slow pace. The Government's failure to
provide additional resources hampered efforts to expand its
activities in the interior of the country, where the situation
is as serious as it is in Kinshasa.
Undisciplined and underpaid police and military personnel
often abuse their authority by harassing and extorting money
from civilians, who have reportedly been killed in some of
these incidents. Because of the popular discontent these
practices create, authorities are making efforts to improve
the discipline of security personnel. Soldiers in the Shaba
region, for example, have been instructed to improve their
treatment of civilians, and the head of the gendarmerie in
Kinshasa has instituted a campaign against police agents who
prey upon the population. In November the military
intelligence service was dissolved, and several of its
officers were discharged from the army for abusing their
authority. In a related development, a number of paramilitary
civil guards were discharged and publicly criticized for
illegally harassing the civilian population. Despite the
ongoing campaign ro check the excesses of security personnel,
serious problems remain.
d. Arbitrary Arrest, Detention, or Exile
Arbitrary arrest and prolonged detention without charges
remain common occurrences, affecting most people who come into
contact with the criminal justice system. By law those
arrested must be brought before a magistrate to hear charges
within 48 hours of arrest. In practice, however, suspects are
often arrested and held for months without a hearing.
Detainees with financial resources are known to buy their way
out of detention without the charges ever being filed.
When formally arraigned, most political detainees are charged
with subversion or "damage to the internal security of the
State." Judicial and nonjudicial sanctions are authorized by
law against persons suspected of threatening state security.
In practice, most individuals detained for political reasons
are held by means of nonjudicial sanctions which range from
administrative detention and house arrest to internal exile to
villages of origin and restriction of movement and travel.
They are not formally charged or tried, remaining in detention
or internal exile arbitrarily until the President chooses to
release them. Such arrests and relegations are made openly,
and the whereabouts of detainees are known, at least
unofficially, although it is sometimes not acknowledged by the
Government .
Estimates of the number of people detained or sentenced for
essentially nonviolent expression of political beliefs vary
greatly and are often out of date as detainees are released or
others arrested, often for short periods of time. Estimates
at the beginning of 1986 ran from 50 to 60. A number of
militants of the UDPS, including 6 of the 13 former
parliamentarians who initially founded the UDPS, were sent
into internal exile in June 1986. Two of these leaders,
Tshisekedi wa Mulumba and Kanana Tshiongo, were tried for
insulting the President and sentenced to 18 months
imprisonment in January, released in February, and rearrested
and internally exiled in June. UDPS sources abroad have
listed 36 members detained in Zaire as well as another 37
relegated, and they allege that this list is incomplete. In
addition, there are reports that some persons detained for
political beliefs are not associated with the UDPS. On the
other hand, the detention of large numbers of persons in
Kalemie and Moba following the rebel attacks in 1984 and 1985
has ended. The best estimate of the number of political
detainees (including those relegated to their native villages)
and prisoners at the end of 1986 was 80 to 90. The Government
maintains that it holds no political prisoners. There were no
known cases of exile or expulsion of Zairians from the country
in 1986.
Zairian legislation provides for compulsory civilian service
for graduates from pedagogical and technical institutes, and a
government ordinance authorizes imprisonment with compulsory
labor for tax defaulters. There are no known instances in
which tax defaulters have actually been sentenced to
compulsory labor, although imprisonment at hard labor is a
common sentence for those convicted of crimes.
e. Denial of Fair Public Trial
Defendants are guaranteed the right to a public trial and
defense counsel by the Constitution. In practice, however,
most citizens are not aware of these rights, and there is an
insufficient number of lawyers in Zaire to provide adequate
counsel to most defendants. When available, defense counsel
generally function freely and without coercion from the
Government in nonpolitical cases. Most defendants who are
aware of their rights avail themselves of the right to
appeal. Decisions of the Court of State Security involving
national security, armed robbery, and smuggling are not
subject to appeal, although all other procedural protections
of the criminal code do apply. Military court procedures also
do not provide for appeal. While military courts generally
try only cases involving military personnel, in time of
emergency or during military operations, the President can
suspend civilian courts and transfer jurisdiction over all
cases to military courts (as was done in the Moba-Kalemie area
in late 1984) .
There is criticism of the judicial process on two levels. At
the political level, all judges are subject to party
discipline. The result is that, while judges in fact perform
their function without political interference in the great
majority of cases, in sensitive or highly politicized cases
they operate under implicit or explicit constraints from the
executive or security forces.
At the daily operational level, there is concern that, in
addition to the security authorities harassing citizens, some
poorly paid magistrates also seek bribes and apply the full
rigor of the law essentially to those who are unable to pay
such bribes. In response to these concerns, the Government
took steps in 1986 to improve the administration of justice.
In November President Mobutu turned over the Ministry of
Justice and the judiciary to a senior political figure,
charging him with reforming the system and announced the
creation at the Executive Council (ministerial) level of a
Department of Citizens' Rights and Liberties, which is headed
by an influential former Supreme Court justice. The new
Department is charged with placing representatives throughout
the country at zone (county/ward) level and in all major
enterprises, both public and private, and is responsible for
investigating the complaints of Zairians who feel that their
legal rights have been abridged by administrative, military,
or judicial agents. In cases where such abuses are
identified, the Department of Citizens' Rights and Liberties
is empowered to offer redress to the victims of unjust
decisions. A first result was the announcement at the
beginning of 1987 of the release of 165 detainees who had been
imprisoned under "irregular conditions."
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence
Party and state security organizations extend down to the
neighborhood level, and both maintain liaison offices in all
government agencies (including military units, universities,
the Legislative Council, ministries, etc.). Party officials,
civil servants, armed forces personnel, parliamentarians, and
employees of state enterprises pay an obligatory tax to
support the activities of the party's major organs (cadre
training, mobilization, propaganda, and youth) . These party
cadres are also required to attend the party's training
institute. Nonattendance can result in reprimands and
suspensions. Governinent employees, market vendors, and
blue-collar workers are often required to participate in
public events — parades, official arrival and departure
ceremonies, etc. — or risk being suspended from their jobs. In
line with the party-state's ideology of "Zairian
authenticity," Zairian men are forbidden to wear ties and
women to wear slacks or wigs. Zairians are also forbidden in
principle to use non-African names.
Judicial warrants are required by law before the police are
permitted to search a home, except in cases of threats to
national security. In practice, however, police and security
authorities enter and search homes without such warrants.
Mail is opened sporadically by security services, some
telephone conversations are tapped, and government informers
monitor places of residence as well as of work. In civil
cases where defendants have been found guilty of fraud or
embezzlement from the Government, their property and homes can
be confiscated without reimbursement.
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
The Constitution guarantees the right of all citizens to
express freely their opinions and feelings, either orally or
in writing, but subordinates that and all other rights to the
need to ensure "public order and good conduct." All Zairians
are automatically members of the sole political party, the
Popular Movement for the Revolution (MRP) . The ideology of
the MRP, and thus the only acceptable public profession of
political thought, comprises the views and policies of the
party's president and founder. President Mobutu Sese Seko. As
in many one-party systems, the theater, songs, and
all-pervasive street gossip are important forums for
communicating popular opinions and news.
Radio and television are owned and operated by the State. The
major newspapers are privately owned but are believed to
depend upon significant government subsidies for survival. In
addition, they receive most of their news from the Zairian
National Press Agency (AZAP), a state organization. The media
are expected to promote the ideals and principles of the sole
political party. Generally, publishers and editors are active
party members. Commentary on politically sensitive internal
issues as well as on foreign policy options is discouraged,
and direct criticism of the President is forbidden. While
journalists are circumspect in their criticism of other high
officials as well, criticism of certain government practices,
inadequate services, and corruption frequently appears in
print .
Media censorship tends to be self-imposed, but in certain
situations political authorities restrict the scope of
journalistic inquiry by both Zairian and foreign journalists.
In 1986 one Zairian magazine was banned and its publisher
detained without charge for over 6 months when he printed
articles which criticized actions of high government
officials. The foreign representative of an international
news syndicate was expelled from Zaire for filing reports that
were unflattering to the Government, and several other foreign
journalists were denied permission to visit Zaire to report on
topics which the Governitient did not wish broached. All
foreign journalists wishing to visit Zaire must receive prior
permission from the Ministry of Information, and Zairian
journalists must be members of the press union in order to
practice their profession. The threat of ouster from the
union and consequent loss of livelihood are strong inducements
toward self-censorship. There are several clandestine presses
which operate sporadically, printing flyers and handbills
critical of the Government and various Zairian leaders.
Artistic and academic freedom of expression are subject to the
same restrictions and self-censorship as the press. Mandatory
membership in professional organizations and well-developed
informer networks serve to discourage dissent. From time to
time, books, films, and certain issues of newspapers and
magazines are banned. Imported publications, including books
and periodicals, are subject to censorship if they are
critical of Zaire or its Government.
b. Freedom of Peaceful Assembly and Association
Only the party and its affiliates may hold public meetings.
The Government permits the existence of nonpolitical
associations, but in principle they must notify authorities
when they plan meetings or activities involving more than five
people. The Government can also prohibit meetings which
continue after 9 p.m. Meetings of nonofficial organizations
and of some religious sects (see Section 2.c. below) have been
disrupted on occasion by government agents because of
suspected political activities.
The labor movement in Zaire is limited to one national union,
the National Union of Zairian Workers (UNTZA), which is an
integral unit of the sole political party. The secretary
general of UNTZA is a member of the party's central committee,
and union officials at the regional level serve on regional
party committees. UNTZA has the right to bargain collectively
with employers and provides significant social and educational
services to members and their families. It works with the
Government to improve worker benefits. However, it is unable
to promote worker interests or defend worker rights which run
counter to government policies. The right to strike is
included in the labor law, but because the law establishes
lengthy and mandatory arbitration and appeal procedures which
result in the resolution of most labor disputes, in practice
lawful strikes do not occur. There were nonetheless several
short, unauthorized, but tolerated strikes in the private
sector during 1986 which generally succeeded in focusing
government and management attention on union concerns.
Membership in UNTZA is compulsory for civil servants,
employees of state enterprises, and employees of private firms
with at least 20 employees. The union claims over 1 million
workers as dues-paying members. However, the overwhelming
majority of the work force is self-employed, either in the
unofficial sector or in subsistence agriculture, which is not
covered by the union. UNTZA participates actively in the
International Labor Organization and the Organization of
African Trade Union Unity and maintains ties with a number of
foreign labor confederations.
c. Freedom of Religion
Zairians enjoy freedom of religion, which is recognized in the
Constitution. The Government officially sanctions most of the
major world religions and provides procedures for new churches
to obtain government recognition. Traditional African
religious groups are tolerated but not officially recognized.
The three major religions in Zaire are Catholicism — 50
percent. Protestantism — 36 percent, and Islam — 5 percent. In
1986 the Government took firm steps to clamp down on a number
of religious groups considered to be politically deviant or
dangerous. Several sects and religious groups, including the
Jehovah's Witnesses, were banned, thus effectively preventing
them from operating in Zaire. The Government officially
charged these groups with: (a) intentional fraud in
financially bilking the public; (b) subversive activities such
as operating fronts for opposition political movements; or (c)
refusing to participate in civic demonstrations (saluting the
flag, singing the national anthem, etc.) and/or the party's
political "animation" sessions. For example, the Government
banned religious meetings in Mbuji-Mayi, the capital of Kasai
Oriental and a traditional center of Baluba antipathy to the
central Government. It also banned 10 unconventional groups
in Mbandaka, the capital of Equateur region, citing antisocial
activities. Members of these banned organizations reported
that some of them had suffered officially sanctioned abuses
such as beatings, destruction or seizure of personal and
church property, fines, imprisonment, and expulsion from
schools or workplaces.
Officially recognized religions are free to establish places
of worship and to train clergy. Most churches maintain active
links with coreligionists outside the country, and expatriate
missionaries are allowed to proselytize and to serve both
Zairian and expatriate congregations. However, some
expatriate Jehovah's Witness missionaries were rec[uired to
leave the country. Affiliation with a recognized religion
confers neither advantage nor disadvantage with respect to
secular status.
d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation
The Government at times imposes special documentation
requirements for travel to areas of unrest or security
concern. As noted earlier, the Government also restricts some
dissidents to villages of origin. All citizens, refugees, and
permanent residents must carry government-issued identity
cards, and police and military personnel often set up
checkpoints along major roads to inspect papers. Those whose
papers are not in order must pay a fine or spend time in
jail. In principle, any Zairian citizen may obtain a passport
and exit visa, although on occasion government and security
officials have impeded issuance in order to prevent or disrupt
travel of persons suspected of political opposition to the
Government. A married woman must have her husband's
permission before obtaining a passport.
At the end of 1986, there were 53,000 officially registered
Zairians living as displaced persons or refugees in
neighboring countries. Many refugees and displaced persons
have returned under amnesties declared in 1978 and 1983, and
negotiations occur sporadically with refugee groups or the
countries where they reside for additional repatriations. It
is likely that many Zairian displaced persons could return to
Zaire if they wished. A number of political opponents of the
Government, however, live in self-imposed exile in Europe and
probably could not return safely without renouncing their
political views.
In September 1986, Zaire was providing a safe haven to
approximately 325,000 displaced persons from neighboring
countries. Generally such people pass freely into Zaire and
are allowed to settle on the land or seek employment. The
Government considers them to be resettled until such time as
they decide to return to their country of origin. Although
the Government generally accepts displaced persons, it does
not have the resources to provide assistance beyond free land,
and international agencies play an active role in providing
humanitarian assistance. At times, displaced persons from
neighboring countries (particularly Angola) have been
detained, harassed, or closely monitored by security forces on
suspicion of illegal political activity.
Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government
Citizens have no right to change their Government through
present institutions. Political power in Zaire is highly
centralized and controlled by the President, who makes all
important decisions. Under Zaire's Constitution, the State is
essentially the executive organ of the country's sole
political party, the Popular Movement of The Revolution.
Party congresses meet every 5 years under the guidance of the
President to set national political guidelines, which are then
supplemented by resolutions of the party's central committee.
These policies are executed by the Prime Minister and Cabinet,
both appointed by the President. Advocacy of a multiparty
system or opposition to the party-state are both
unconstitutional and illegal, as are actions which question
the authority of the President and the political system.
Suffrage is universal over age 18, and voting is mandatory,
enforced by penalties including fines or arrest. The national
Parliament, municipal councils, and rural and urban zone
councils are chosen by direct popular elections which take
place every 5 years, with the next one scheduled for 1987.
All candidates are screened by party committees at the
appropriate level, but voters generally have a choice of
several candidates. President Mobutu was reelected in 1984
with no opposition to a third 7-year term in office.
Since 1980 a group of former parliamentarians has been
involved in an effort to establish a second political party,
the Union for Democracy and Social Progress (UDPS) . Their
efforts have been rebuffed by the official party and by the
President, and they have suffered arrest and detention at
various times over the past 6 years. Members of the group,
including most of its leaders, were sent into internal exile
in June 1986 after a dialogue between UDPS leaders and
President Mobutu failed to convince the UDPS to rejoin the
official party. A significant number of other UDPS members
remain in detention at various locations around the country.
Section 4 Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations
of Human Rights
The Government stresses the importance of the principle of
noninterference by outside organizations (and states) in its
internal affairs but maintains that Zaire has nothing to hide
in terms of human rights policies, and it denies charges of
systematic or serious violations. Its attitude toward
external investigation of alleged human rights violations has
in practice been mixed. Zaire has in the past cooperated with
the International Committee of the Red Cross (ICRC), which has
had permanent representation in Zaire since 1978. In the
first 6 months of 1986, it permitted the ICRC to visit
detention centers and prisons both in Kinshasa and the
interior of the country. However, Zaire has not permitted the
ICRC access to prisons since mid-June, at the time of the
arrest/relegation of the UDPS leadership.
In 1986 Amnesty International leveled harsh criticism at Zaire
in a series of newsletters and reports, noting, inter alia,
its concerns over the 1985 arrest of members of the UDPS. The
Government has generally contended that Amnesty
International's reports are inaccurate and biased since they
are based upon the testimony of misinformed Zairian dissidents
living in Europe. The Government has not allowed Amnesty's
representatives to visit Zaire since 1982. However, in
October President Mobutu acknowledged publicly that some of
Amnesty's more recent allegations were well founded. He cited
this finding in explaining the decision to establish the new
Department of Citizens' Rights and Liberties. In August
Amnesty restated its position that the Government had failed
to respond to its many requests to visit Zaire.
A local organization purporting to study human rights issues
was inactive in 1986, and in the past it did not address
itself to specific Zairian problems, concentrating instead on
general issues.
Section 5 Discrimination Based on Race, Sex, Religion,
Language, or Social Status
Home to approximately 300 disparate ethnic groups, most of
which have their own tribal languages, Zaire has a population
of 30.7 million. The Government has sought to defuse disputes
based on linguistic or ethnic diversity by adopting French as
the official language of government and education. Four
vehicular languages — Lingala, Swahili, Tshiluba, and
Kikongo — also serve to bridge the communication gap with
smaller tribal groups. Many urban Zairians speak Lingala, the
languages used in both the army and the capital city, or
Swahili in the east of the country. However, the fact that
many rural people are unacquainted with these languages
complicates their dealings with government and military
officials .
The Government strives to counter ethnic divisions by
recruiting ministers and other high government officials from
all regions and major ethnic groups. One longtime hallmark of
the Mobutu Government is an emphasis of the primacy of a
Zairian national identity. In 1986 government mediators
helped settle at least two interclan disputes. At the local
level, the Government recognizes group differences by giving
tribal elders and customary chiefs authority in many local
matters .
The role of women in Zairian society is given great emphasis
in party doctrine. Women's rights to own property and
participate in the political and economic sectors are
protected by law, and a growing number of women work in the
professions, government service, and the universities.
Nevertheless, custom, tradition, and existing law continue to
constrain women from attaining a position of complete equality
in society. Women generally earn less than their male
counterparts in the same jobs. In addition, married women
must obtain their husband's authorization before opening a
bank account, accepting a job, obtaining a passport, and
renting or selling real estate. A new universally applicable
family code — which encompasses everything from women's rights
to divorce laws to inheritance regulations — has been approved
by the Parliament and awaited only the President's signature
at the end of 1986.
CONDITIONS OF LABOR
As in much of the rest of Africa, unemployment and
underemployment are serious problems. Since independence, the
percentage of rural population engaged in subsistence
agriculture has actually increased to 75 percent. Zaire has
been implementing a stringent program of economic reform since
1983 in cooperation with the International Monetary Fund.
Faced with drastically reduced prices for its main export
commodities, Zaire has not been able to achieve positive per
capita economic growth rates. During the past 4 years, the
industrial base has expanded with the creation of several
small and middle-sized enterprises. However, the industrial
sector as a whole operated at much less than full capacity in
1986. While wages are generally above the minimum wage, that
minimum by itself is insufficient to provide an adequate
living for a worker. Workers in the formal private sector
also benefit from fringe benefit packages making up more than
half the total wage package. Many civil servants supplement
their incomes through commercial activities, frequently in the
informal unregulated sector. Low salaries and job insecurity
have contributed to corruption in the Government and
military. Recent government reforms include a new minimum
agricultural wage, a higher minimum industrial wage, revisions
in the Government's personnel system to provide comparable pay
for comparable work throughout the military and civil service,
and a sizable increase in the wages of civil servants in June
1986.
Worker rights are protected by law, but the fact that such a
large percentage of the work force is in the informal sector
limits the effectiveness of those laws. The minimum age for
emploiTiient in Zaire is 14 years. However, many children under
14 are engaged in various income-earning activities and are
often a major source of family income. Workers employed in
the public and organized private sector have generally
acceptable conditions of work: working hours are set by law
and collective bargaining and do not exceed 48 hours a v;eek;
workers enjoy a full 24-hour rest day per week, and many have
a 48-hour weekend; paid holidays and vacations are required by
law and are included in all labor contracts; and workplaces
are required to meet minimum health standards set by law.
