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Democratic Republic of the Congo

Executive Summary

The Democratic Republic of the Congo is a centralized constitutional republic. Voters popularly elect the president and the lower house of parliament (National Assembly). Following a two-year delay, presidential, legislative, and provincial elections were held in December 2018. In January 2019 the National Independent Electoral Commission declared Felix Tshisekedi the winner of the 2018 presidential election. The 2018 election was marred by irregularities and criticized by some observers, including the Council of Bishops, which stated the results did not match those of their observation mission. The 2019 inauguration of President Tshisekedi was the first peaceful transfer of power in the country’s history.

The primary responsibility for law enforcement and public order lies with the Congolese National Police, which operates under the Ministry of the Interior. The National Intelligence Agency, overseen by the presidency, is responsible for internal and external intelligence. The Armed Forces of the Democratic Republic of the Congo and the military intelligence service operate under the control of the Ministry of Defense and are primarily responsible for external security. In reality, however, these forces focus almost exclusively on internal security. The presidency oversees the Republican Guard, and the Ministry of Interior oversees the Directorate General for Migration, which, together with the Congolese National Police, are responsible for border control. Civilian authorities exercised limited control over the security forces. There were credible reports that members of the security forces committed numerous abuses.

Conflict between government military forces and the more than 15 significant and cohesive illegal armed groups continued in the eastern provinces of the country. In response the president announced a state of siege in the Ituri and North Kivu Provinces on May 6, which parliament repeatedly extended and remained in effect at year’s end. The state of siege transfers powers from civilian to military authorities, provides for increased police powers, extends the jurisdiction of military courts to try civilian criminal offenses, restricts certain fundamental rights and freedoms, and suspends immunity from prosecution for certain elected officials (including national and provincial deputies and senators).

Significant human rights issues included credible reports of: unlawful or arbitrary killings, including extrajudicial killings; forced disappearances; torture and cases of cruel, inhuman, or degrading treatment or punishment; harsh and life-threatening prison conditions; arbitrary detention; political prisoners or detainees; serious problems with the independence of the judiciary; arbitrary or unlawful interference with privacy; serious abuses in conflict, including reportedly unlawful or widespread civilian harm, enforced disappearances or abductions, torture and physical abuses or punishment, and unlawful recruitment or use of child soldiers by illegal armed groups; serious restrictions on free expression and media, including violence or threats of violence against journalists, unjustified arrests or prosecutions of journalists, censorship, and the existence of criminal libel laws; substantial interference with the freedom of peaceful assembly and freedom of association; serious government corruption; lack of investigation of and accountability for gender-based violence, including but not limited to domestic and intimate partner violence, sexual violence, child, early, and forced marriage, and other harmful practices; trafficking in persons; crimes involving violence or threats of violence targeting persons with disabilities, members of national, racial, and ethnic minority groups, and indigenous people; crimes involving violence or threat of violence targeting lesbian, gay, bisexual, transgender, queer, and intersex persons; and existence of the worst forms of child labor.

The government took some steps to identify, investigate, prosecute, and punish officials who committed human rights abuses or engaged in corruption, although there was impunity for many such abuses. Authorities often did not investigate, prosecute, or punish those who were responsible, particularly at higher levels. The government convicted some officials on counts of murder, rape, torture, arbitrary detention, and corruption, and sometimes punished security force officials who committed abuses.

Illegal armed groups continued to commit abuses in the eastern provinces and the Kasai region. Additionally, large-scale killings by ISIS-Democratic Republic of the Congo persisted in parts of North Kivu and Ituri. These abuses included unlawful killings, disappearances, torture, destruction of government and private property, and gender-based violence, which was widespread even in areas with no armed conflict, by both government and armed groups. Illegal armed groups also recruited, abducted, and retained child soldiers and subjected children and adults to forced labor. The government took military action against illegal armed groups and investigated and prosecuted some armed group members and the state security forces for human rights abuses.

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The Lessons of 1989: Freedom and Our Future