Democratic Republic of the Congo

Executive Summary

The Democratic Republic of the Congo (DRC) is a nominally centralized constitutional republic. Voters popularly elect the president and the lower house of parliament (National Assembly). Under the constitution, President Joseph Kabila’s second and final term in office expired in 2016. The government, however, failed to organize elections in 2016 in accordance with constitutional deadlines, and the president remained in office. In 2016 the government and opposition parties agreed to a power-sharing arrangement that paved the way for elections, the release of political prisoners, and an end to politically motivated prosecutions. The government failed to implement the agreement as written, however, and in November 2017 it scheduled presidential, legislative, and provincial elections for December 23, 2018. In August the president announced that he would abide by his constitutionally mandated term limit and not seek an illegal third term. Presidential, legislative, and provincial elections were held on December 30; however, presidential elections were canceled in Beni, Butembo, and Yumbi with those legislative and provincial elections postponed to March 2019. President Kabila did not run as a candidate and announced he would hand power over to the winner, which would mark the first civilian transfer of power resulting from elections. Results of the elections were still pending at year’s end.

Civilian authorities did not always maintain control over the security forces.

Armed conflict in eastern DRC and parts of the Kasai regions exacerbated an already precarious human rights situation.

Human rights issues included unlawful killings by government and armed groups; forced disappearances and abductions by government and armed groups; torture by government; arbitrary detention by the government; harsh and life-threatening prison conditions; political prisoners; arbitrary interference with privacy, family, and home; threats against and harassment of journalists, censorship, internet blackouts, site blocking, and criminal libel; substantial interference with the rights of peaceful assembly and freedom of association; delayed elections and restrictions on citizens right to change their government through democratic means; corruption and a lack of transparency at all levels of government; violence against women and children, caused in part by government inaction, negligence; unlawful recruitment of child soldiers; crimes involving violence against lesbian, gay, bisexual, transgender, and intersex (LGBTI) persons and persons with disabilities or members of other minority groups; trafficking in persons, including forced labor, including by children; and violations of worker rights.

Despite the occurrence of some notable trials against military officials, authorities often took no steps to investigate, prosecute, or punish officials who committed abuses, whether in the security forces or elsewhere in the government, and impunity for human rights abuses was a problem.

Government security forces, as well as rebel and militia groups (RMGs) continued to commit abuses, primarily in the east and the central Kasai region. These abuses included unlawful killings, disappearances, torture, destruction of government and private property, and sexual and gender based violence. RMGs also recruited, abducted, and retained child soldiers and compelled forced labor. The government took military action against some RMGs but had limited ability to investigate abuses and bring the accused to trial (see section 1.g.).

Section 1. Respect for the Integrity of the Person, Including Freedom from:

There were numerous reports the government or its agents committed arbitrary or unlawful killings.

The state security forces (SSF) committed arbitrary or unlawful killings in operations against RMGs in the east and in the Kasai region (see section 1.g.). According to the UN Joint Office of Human Rights (UNJHRO), security forces were responsible for 389 extrajudicial killings across the country as of year’s end. Many of these extrajudicial killings occurred in the Kasais, where the SSF fought Kamuina Nsapu and other antigovernment militias. RMGs were responsible for at least 780 summary executions.

On January 21 and February 25, security forces used lethal and disproportionate force to disrupt protests led by Roman Catholic and some Protestant church leaders in support of credible elections and implementation of the December 2016 Agreement. During the two days of protests, UN observers and others witnessed members of the Republican Guard and other members of security forces fire directly at protesters, resulting in seven deaths on January 21 and two on February 25. Among those killed on January 21 was Therese Kapangala, a 24-year-old studying to become a nun, who was shot and killed outside her church in a Catholic parish in Kinshasa. During protests organized by the Catholic Lay Committee on February 25, state security forces killed two persons, including local human rights activist Rossy Mukendi Tshimanga, who was shot by a rubber bullet inside a church compound. From August 3 to 7, the SSF used tear gas and live bullets to disperse protests, resulting in the deaths of three persons, including two children, and the injury of at least two persons by police.

In March a joint report by the UN human rights office in Kinshasa (JHRO) and the UN Office of the High Commissioner for Human Rights (OHCHR) covering January 2017 through January stated that the SSF used illegal, systematic, and disproportionate force against protesters, resulting in 47 civilian deaths. On November 12 and 15, police were responsible for the deaths of two students who were protesting against a teachers’ strike at the University of Kinshasa.

On July 4, the OHCHR released a report on abuses in the Kasais region that accused RMGs Kamuina Nsapu and Bana Mura and the SSF of war crimes and crimes against humanity. Based on interviews with 524 persons, the experts’ report accused the military of cooperation with Bana Mura militia and an excessively violent response to conflict in the region, particularly the 2101st Regiment that was redeployed to Kananga from North Kivu in 2007 when it was part of the Fifth Integrated Brigade. The report estimated that the conflict, which was most violent in 2017, resulted in “thousands of deaths and a disastrous human rights situation” and displaced 1.4 million persons. Among other incidents, the report documented an SSF attack in May 2017 in Tshikulu that resulted in the summary execution of at least 79 civilians, including at least 19 children. On September 15, a regional civil society development network in the Kasai region released a report stating that in March 2017 the SSF killed 264 civilians in the village of Nganza during antimilitia operations.

RMGs committed arbitrary and unlawful killings throughout the year (see section 1.g.). Numerous armed groups recruited and used children as soldiers and human shields and targeted the SSF, members of the government, and others.

There were reports of disappearances attributable to the SSF during the year. Authorities often refused to acknowledge the detention of suspects and in several cases detained suspects in unofficial facilities, including on military bases and in detention facilities operated by the National Intelligence Agency (ANR). The whereabouts of some civil society activists and civilians arrested by the SSF remained unknown for long periods.

RMGs kidnapped numerous persons, generally for forced labor, military service, or sexual slavery. Many of these victims disappeared (see section 1.g.). In July the UN Organization Stabilization Mission in the DRC (MONUSCO) confirmed that 66 persons were previously kidnapped in Kasai Province by the Bana Mura, a RMG supported by the government, and used as sexual slaves. The kidnapped included two women, 49 girls, and 15 boys who had been in captivity since as early as April 2017. The government denied the findings, claiming the information was false.

The law criminalizes torture, but there were credible reports that the SSF continued to torture civilians, particularly detainees and prisoners. In November the British nongovernmental organization (NGO) Freedom from Torture reported that torture was widespread both inside and outside conflict zones in DRC. It had accumulated witness testimony of almost 900 cases of torture from DRC, including 74 cases from 2013 to 2018. The report states, “Torture is used predominantly as a form of punishment for political and human rights activism, and as a deterrent against future involvement.” Throughout the year activists circulated videos of police beating unarmed and nonviolent protestors.

As of October 10, the United Nations reported that it had received 15 allegations of sexual exploitation and abuse against military, police, and civilian personnel deployed with MONUSCO during the year. Of these cases, 11 involved allegations of an exploitative relationship; three involved allegations of transactional sex; two involved the alleged rape of a child, and one involved sexual assault. As of October 10, all investigations were pending. The United Nations also reported that Bangladeshi peacekeepers were involved in sexual exploitation and abuse while deployed in MONUSCO from 2015 to 2017. The peacekeepers in question were repatriated by the United Nations, and investigations by Bangladeshi government were pending at the end of the year.

The United Nations reported that during the year it received one allegation of sexual exploitation and abuse against a peacekeeper from the DRC while he was deployed in United Nations Multidimensional Integrated Stabilization Mission in the Central Africa Republic. The case alleged rape of a minor. Investigations by both the United Nations and the DRC were still pending as of year’s end. Twenty-six allegations reported prior to 2018 remained pending, in many cases awaiting additional information by the DRC. The cases included 17 allegations of sexual exploitation and abuse of minors.

Prison and Detention Center Conditions

Conditions in most prisons throughout the country worsened during the year, aggravating the already harsh and life threatening conditions due to food shortages, gross overcrowding, and inadequate sanitary conditions and medical care. Even harsher conditions prevailed in small detention centers run by the ANR, Republican Guard (RG), or other security forces, which often detained prisoners for lengthy pretrial periods without access to family or legal counsel. Some civil society activists arrested in Kinshasa were reportedly held in an underground cell operated by the RG at a military camp.

Physical Conditions: Serious threats to life and health were widespread and included violence (particularly rape); food shortages; and inadequate potable water, sanitation, ventilation, temperature control, lighting, and medical care. Poor ventilation subjected detainees to extreme heat. Central prison facilities were severely overcrowded, with an estimated occupancy rate of 200 percent of capacity. For example, Makala Central Prison in Kinshasa, which was constructed in 1958 to house 1,500 prisoners, held as many as 8,500 inmates during the year. In September, Radio Okapi reported there were 7,400 inmates at Makala. Authorities generally confined men and women in separate areas but often held juveniles with adults. Women were sometimes imprisoned with their children. In July local NGO Rural Action for Development reported that 13 infants suffered from malnutrition and other diseases due to poor conditions while held with their mothers in Munzenze Prison in Goma. Authorities rarely separated pretrial detainees from convicted prisoners.

Because inmates had inadequate supplies of food and little access to water, many relied exclusively on relatives, NGOs, and church groups to bring them sustenance. The United Nations reported 223 individuals died in detention during the year, a 10-percent increase compared with the 201 deaths recorded in 2017. These resulted from malnutrition, poor hygienic conditions, and lack of access to proper medical care. From January to June, cholera and tuberculosis epidemics aggravated the already overcrowded and unsanitary conditions, leading to a 20 percent increase in deaths in detention compared with the same period in 2017. In July, five prisoners died from severe diarrhea and malnutrition due to poor sanitation and inadequate medical services in Tshela Prison in Kongo Central. In January, MONUSCO reported that 57 inmates in Manono Prison in Tanganyika Province suffered from malnutrition and that prisoners had endured 10-14 days without food.

Most prisons were understaffed, undersupplied, and poorly maintained, leading to corruption and poor control of the prison population that contributed to prison escapes. On March 21, media reported that two police officers were sentenced to life in prison by a military court for their involvement in a March 18 prison break in Lubumbashi, Haut Katanga province. The United Nations reported that at least 801 individuals escaped detention centers during the year, a significant decrease from the number of 5,926 escapees in 2017.

Authorities often arbitrarily beat or tortured detainees. On September 13, police arrested seven members of the local civil society group Les Congolais Debout! (Congolese Awake!) at the University of Kinshasa while they were campaigning against the use of voting machines on grounds that the seven were carrying out political activities in what is supposed to be an apolitical environment. After reportedly being beaten, whipped, and forced to clean toilets with bare hands while in police custody, their attorney said they were transferred to an ANR cell and, as of November 15, remained in detention without charges.

RMGs detained civilians, often for ransom, but little information was available concerning detention conditions (see section 1.g.).

Administration: Some prison directors could only estimate the numbers of detainees in their facilities. The International Committee of the Red Cross (ICRC) visited an unknown number of prisoners. Authorities denied access to visitors for some inmates and often did not permit inmates to contact or submit complaints to judicial authorities. Directors and staff generally ran prisons for profit, selling sleeping arrangements to the highest bidders and requiring payment for family visits.

Independent Monitoring: The government regularly allowed the ICRC, MONUSCO, and NGOs access to official detention facilities maintained by the Ministry of Interior but consistently denied access to facilities run by the RG, ANR, and the intelligence services of the military and police.

The law prohibits arbitrary arrest or detention, but both the SSF and RMGs routinely arrested or detained persons arbitrarily (see section 1.e.).

ROLE OF THE POLICE AND SECURITY APPARATUS

The Congolese National Police (PNC) operates under the Ministry of Interior and has primary responsibility for law enforcement and public order. The PNC includes the Rapid Intervention Police and the Integrated Police Unit. The ANR, overseen by the presidency, is responsible for internal and external intelligence. The Armed Forces of the Democratic Republic of the Congo (FARDC) and the military intelligence service operate under the control of the Ministry of Defense and are primarily responsible for external security but in reality focus almost exclusively on internal security. The presidency oversees the RG, and the Minister of Interior oversees the Directorate General for Migration, which, together with the PNC, are responsible for border control. Military magistrates are responsible for the investigation and prosecution of all crimes allegedly committed by SSF members, whether or not committed in the line of duty. Civilians may be tried in military tribunals if charged with offenses involving firearms. The military justice system often succumbed to political and command interference, and security arrangements for magistrates in areas affected by conflict were inadequate. Justice mechanisms were particularly ineffective for addressing misconduct by mid- and high-ranking officials due to a requirement the judge of a military court must outrank the defendant.

Elements of the SSF were undisciplined and corrupt. According to the United Nations, state agents were responsible for 61 percent of the human rights violations documented during the year. PNC and FARDC units regularly engaged in illegal taxation and extortion of civilians. They set up checkpoints to collect “taxes,” often stealing food and money and arresting individuals who could not pay bribes. The FARDC suffered from weak leadership, poor operational planning, low administrative and logistical capacity, lack of training, and questionable loyalty of some of its soldiers, particularly in the East. Nonprofit organizations and the United Nations reported regular instances of extortion, sexual-based violence, including gang rape, arbitrary arrests, and violent assaults by the SSF on Congolese migrants and expelled refugees returning from Angola in October.

Although the military justice system convicted some SSF agents of human rights abuses, impunity remained a serious problem. The government maintained joint human rights committees with MONUSCO and used available international resources, such as the UN-implemented technical and logistical support program for military prosecutors as well as international NGO-supported mobile hearings.

Military courts convicted some SSF agents of human rights violations. The United Nations reported that the government convicted at least 120 FARDC soldiers and 66 PNC officers for crimes constituting human rights violations during the year. On July 26, the mobile High Military Court in Bukavu sentenced on appeal three convicted high-ranking FARDC officers for various crimes against humanity: Colonel Julius Dhenyo Becker to two years in prison, a sentence that observers criticized for its relative leniency; Lieutenant Colonel Maro Ntuma to 20 years in prison for conviction of crimes including murder; and Colonel Bedi Mobuli to life in prison for conviction of crimes against humanity and crimes of war, including rape and murder. On October 20, the Military Tribunal of Ituri convicted and sentenced Sergeant Bienvenue Mugisa Akiki to death for the October 16 murder of four civilians in Djugu territory of Ituri Province.

The trial continued for individuals accused of involvement in the March 2017 killings of UN experts Michael Sharp and Zaida Catalan. After a delay of several months, the military prosecution began to call key suspects to testify, and, on December 7, arrested a military colonel and announced he was a suspect in the killings. Other key suspects have been called to testify although not all have been apprehended.

ARREST PROCEDURES AND TREATMENT OF DETAINEES

By law arrests for offenses punishable by more than six months’ imprisonment require warrants. Detainees must appear before a magistrate within 48 hours. Authorities must inform those arrested of their rights and the reason(s) for their arrest, and they may not arrest a family member in lieu of the suspected individual. Authorities must allow arrested individuals to contact their families and consult with attorneys. Security officials, however, routinely violated all of these requirements.

While the law provides for a bail system, it generally did not function. Detainees who were unable to pay were rarely able to access legal counsel. Authorities often held suspects incommunicado, including in unofficial detention centers run by the ANR, military intelligence, and the RG, and refused to acknowledge these detentions.

Prison officials often held individuals longer than their sentences due to disorganization, inadequate records, judicial inefficiency, or corruption. Prisoners unable to pay their fines often remained indefinitely in prison (see section 1.e.).

In 2014 the PNC issued a decree reforming arrest and detention procedures. The decree required the PNC to verify facts before arresting individuals, separate men from women, and provide sanitary detention centers. Some improvements in recently rehabilitated detention centers were noted although authorities did not consistently implement the decree, including the holding of men and women together.

Arbitrary Arrest: Security personnel arrested and detained numerous civil society activists, journalists, and opposition party members who criticized the government, occasionally under the pretext of state security, and often denied them due process, such as access to an attorney (see sections 1.a., 2.a., and 5). Throughout the year security forces regularly held protestors and civil society activists incommunicado and without charge for extended periods. The United Nations reported the SSF arbitrarily arrested at least 2,933 persons across the country from January through August. In September the UNJHRO reported that at least 561 women were victims of arbitrary arrest from January through August.

In November 2017 civil society activist and member of the opposition Union for Democracy and Social Progress (UDPS) party Christian Lumu, was arrested and then transferred to an ANR detention cell. He was held without charge and on November 28, was transferred to a military prison where he remained as of December 31. Witnesses stated that he received electric shocks and was beaten while in detention.

On January 21, more than 100 persons were arbitrarily arrested across the country according to the United Nations, for participation in peaceful demonstrations organized by Catholic and some Protestant church leaders in support of credible elections and implementation of the December 2016 Agreement. On February 25, the United Nations reported that at least 7,194 persons were arbitrarily arrested during protests organized by the Catholic Lay Association. The United Nations reported at least 89 persons, including one minor, were arrested and kept under preventive detention during protests organized in support of opposition politician Moise Katumbi in Lubumbashi and Kasumbalesa in Haut Katanga province on August 3-7.

Police sometimes arbitrarily arrested and detained persons without filing charges to extort money from family members or because administrative systems were not well established.

Pretrial Detention: Prolonged pretrial detention, ranging from months to years, remained a problem. NGOs estimated that at least three quarters to four-fifths of the prison population was in pretrial detention. Judicial inefficiency, administrative obstacles, corruption, financial constraints, and staff shortages also caused trial delays. On September 15, a report by the regional civil society development network CRONGD documented that, of 461 persons arrested in March 2017 on suspicion of RMG involvement, 44 were in detention without charge.

Detainee’s Ability to Challenge Lawfulness of Detention before a Court: Detainees are entitled to challenge in court the legal basis or arbitrary nature of their detention; however, few were able to obtain prompt release and compensation.

Amnesty: A total of 148 persons were released following the signing of four executive orders by the minister of justice in January and February. Two of the executive orders applied the law on amnesty of 2014 (43 persons released) and the two others granted conditional release to persons sentenced for participation in an insurrectional movement, war crimes, and political offenses.

On December 29, Justice Minister Alexis Thambwe Mwamba announced the pardon of “several hundred” prisoners for the New Year and said these individuals would be released. The prisoners were not released by year’s end.

e. Denial of Fair Public Trial

Although the law provides for an independent judiciary, the judiciary was corrupt and subject to influence. Officials and other influential individuals often subjected judges to coercion. On August 16, the minister of justice claimed to have issued an international arrest warrant for businessman and opposition politician Moise Katumbi, who was convicted in 2015 of real estate fraud despite a Catholic Council of Bishops (CENCO) 2017 report concluding that the SSF pressured judicial officials to convict him. It was not clear that any warrant was actually issued. CENCO also concluded that a similar property fraud case against opposition member and businessman Jean-Claude Muyambo was equally unfounded and amounted to “judicial harassment.” Muyambo, who claimed to have permanent damage to his foot following beatings during his arrest in 2015, was sentenced to five years in prison in 2017 and ordered to pay 1,580,000 Congolese francs ($9,900) in damages for conviction of breach of trust and illegal retention of documents. Muyambo was among the prisoners slated to be released by the justice ministry on December 30, but he remained in prison at year’s end.

A shortage of judges hindered the government’s ability to provide expeditious trials, and judges occasionally refused transfers to remote areas where shortages were most acute because the government could not support them there. Authorities routinely did not respect court orders. Disciplinary boards created under the High Council of Magistrates continued to rule on numerous cases of corruption and malpractice each month. Many of these rulings included the firing, suspension, or fining of judges and magistrates. One judge on the High Council said its March investigation into corruption concluded that 250 magistrates were guilty of counterfeiting, including fake diplomas, and failure to pass the recruitment test.

A recruitment drive during the year, however, increased to 3,000 the number of military and civilian judges, and in July the minister of justice announced the recruitment of appellate court judges throughout the country. That same month, three members of the nine-member constitutional court were inducted, including one advisor to the president and another prominent member of the president’s ruling party.

TRIAL PROCEDURES

The constitution provides for a presumption of innocence, but this was not always observed. Authorities are required to inform defendants promptly and in detail of the charges against them, with free interpretation as necessary, but this did not always occur. The public may attend trials at the discretion of the presiding judge. Defendants have the right to a trial within 15 days of being charged, but judges may extend this period to a maximum of 45 days. Authorities only occasionally abided by this requirement. The government is not required to provide counsel in most cases, with the exception of murder trials. While the government regularly provided free legal counsel to indigent defendants in capital cases, lawyers often did not have adequate access to their clients. Defendants have the right to be present and to have a defense attorney represent them. Authorities occasionally disregarded these rights. Authorities generally allowed adequate time to prepare a defense, although there were few resources available. Defendants have the right to confront witnesses against them and to present evidence and witnesses in their own defense, but witnesses often were reluctant to testify due to fear of retaliation. Defendants are not compelled to testify or confess guilt. Defendants have the right to appeal, except in cases involving national security, armed robbery, and smuggling, which the Court of State Security usually adjudicates. These rights extend to all citizens.

POLITICAL PRISONERS AND DETAINEES

There were numerous reports of political prisoners and detainees. Authorities charged political prisoners with a variety of offenses, including offending the person or threatening the life of the head of state, inciting tribal hatred or civil disobedience, spreading false rumors, treason, and attacking state security. While the government permitted international human rights and humanitarian organizations and MONUSCO access to some of these prisoners, authorities always denied access to detention facilities run by the RG, military intelligence, and the ANR (see section 1.c.).

As of year’s end, the United Nations estimated that at least 71 persons were held in detention for their political opinions or legitimate citizens’ activities, although the United Nations reported that many more persons deemed political prisoners might be held in unreported locations. A local NGO, Congolese Association for Access to Justice (ACAJ), reported at the UN Security Council on November 13 that 54 political prisoners were in detention. On September 25, a court sentenced activists Carbone Beni and three other members of the citizen movement Filimbi to 12 months in prison for offenses against the head of state, undermining state security, and distributing subversive material. They were originally arrested in December 2017 following advocacy for peaceful protests organized by the Catholic Church in support of the December 2016 Agreement and credible elections. They were held without charge in ANR cells for nearly six months before they were taken to the Prosecutor General’s Office in Kinshasa for questioning and transferred to Makala Prison. Observers criticized the proceedings for presenting confessions obtained under duress and for fabricating evidence. An international human rights NGO stated that police and intelligence agents beat the Filimbi members while they were in detention and during interrogation. On December 25, Beni and the three other Filimbi members were released for time served.

On July 16, Justice Minister Alexis Thambwe announced the government had liberated 4,019 prisoners as part of the December Agreement’s “confidence building” measures. Most of the prisoners, however, were released some time earlier under the terms of the 2013 Nairobi agreement between rebel group M23 and the government and were not political prisoners.

In August, four civil society activists who were arrested in July 2017 for attempting to march and deliver a letter to the Lubumbashi Independent National Electoral Commission (CENI) office were convicted of disturbing the peace and sentenced to eight months in prison. In November 2017 a fifth member of this group, NGO activist and human rights lawyer Timothee Mbuya, was convicted of provocation and incitement of disobedience and sentenced to 12 months in prison. Mbuya served six months in jail before he was released on February 13 while the four other activists were released shortly before him.

CIVIL JUDICIAL PROCEDURES AND REMEDIES

Individuals may seek civil remedies for human rights violations within the civil court system. Most individuals, however, preferred to seek redress in the criminal courts.

Although the law prohibits arbitrary interference with privacy, family, home, or correspondence, the SSF routinely ignored these provisions. The SSF harassed and robbed civilians, entered and searched homes and vehicles without warrants, and looted homes, businesses, and schools. The United Nations previously reported that FARDC soldiers conducted door-to-door searches in the Nganza commune of Kananga, Kasai Central Province, in March 2017 looking for suspected Kamuina Nsapu militia sympathizers. The OHCHR report on the Kasais released in July attributed 89 civilian deaths, including at least 11 children, to the March 2017 FARDC operation (See 1.a.).

Conflicts continued in parts of eastern DRC, particularly in the provinces of North Kivu, South Kivu, Tanganyika, Ituri, Upper Uele, Lower Uele, and provinces in the Kasai region (Kasai Central, Kasai, Kasai Oriental, Sankuru, and Lomami provinces). Foreign RMGs, such as the Democratic Forces for the Liberation of Rwanda (FDLR), the Allied Democratic Forces/National Army for the Liberation of Uganda (ADF/NALU), the National Forces of Liberation, and the Lord’s Resistance Army (LRA), as well as indigenous RMGs such as various Mai Mai (local militia) groups, Kamuina Nsapu, and the Bana Mura continued to perpetrate violence against civilians.

Conflict among armed groups caused significant population displacement and led to many human rights violations. In North Kivu, the Nduma Defense of Congo–Renewal (NDC-R), Mai Mai Mazembe, the Alliance of Patriots for a Free and Sovereign Congo (ALPCS), the FDLR, as well as a host of smaller armed groups fought among themselves and caused significant population displacements as they fought over territory. In June the UN Group of Experts (UNGOE) reported that the SSF worked in coordination with armed groups, including by supplying materials, to foster conflict among armed groups in North Kivu. The UNGOE reported that FARDC and NDC-R commanders regularly conferred informally to discuss attacks on other armed groups. In July, however, the FARDC launched a significant offensive against the NDC-R.

By impeding humanitarian aid and development assistance in some areas, the fighting in the east exacerbated an already severe humanitarian crisis. There were credible reports that local authorities also impeded humanitarian assistance and used force to expel the populations in three internally displaced persons (IDP) camps in Tanganyika Province, where thousands of persons were displaced by violence between the Twa and Luba communities. In Djugu territory in Ituri, the PNC and FARDC prevented humanitarian aid from accessing a significant percentage of the territory where a series of community attacks took place.

There were credible reports that the SSF and RMGs perpetrated serious human rights violations and abuses during internal conflicts. These RMGs included the ALPCS, the ADF, the FDLR, the Forces of the Patriotic Resistance of Ituri (FRPI), the LRA, various ethnic Hutu factions of Nyatura, the Nduma Defense of Congo, Raia Mutomboki, Kamuina Nsapu, Bana Mura, ethnic Tshokwe and Pende militias, several Burundian antigovernment militias, and the following Mai Mai groups, Mazembe, Charles Shetani, and William Yakutumba, among others. Bakata Katanga leader Gedeon Kyungu Mutunga, who in 2009 was convicted in a national court for crimes against humanity but escaped from prison in 2011, surrendered to the government in 2016 and remained under a form of government-supported house arrest as of year’s end instead of being returned to prison. The government took no steps to hold him accountable.

The United Nations reported that the Kamuina Nsapu militia, based in the central Kasai region, carried out targeted killings of members of the military, police, public officials, and civilians perceived to cooperate with them (see section 1.a.). On July 4, the OHCHR released a report on abuses in the Kasai region that accused the Kamuina Nsapu, the Bana Mura, and the SSF of war crimes and crimes against humanity. Based on interviews with 524 persons, the experts’ report accused the military of an excessively violent response to conflict in the region, in particular the 2101st Regiment. The report estimated that the conflict, which was most violent in 2017, resulted in “thousands of deaths and a disastrous human rights situation” and displaced 1.4 million persons. Among other incidents, the report documented an SSF attack in May 2017 in Tshikulu that resulted in the summary execution of at least 79 civilians, including at least 19 children.

Kamuina Nsapu and Bana Mura militias also committed serious human rights abuses against children (see section 6).

During the year attacks attributed to the ADF killed more than 200 civilians. On September 22, an attack attributed to the ADF in Beni killed 12 civilians and four soldiers and caused civil unrest that prevented aid workers from responding to a growing Ebola outbreak for several days.

The government took military action against several major RMGs, including establishing a new operational zone in the Kasai region to fight Kamuina Nsapu militias. Operational cooperation between MONUSCO and the government continued in the East but not in the Kasai region, where FARDC troops were accused of serious human rights abuses that a United Nations report stated could amount to crimes against humanity. MONUSCO and the FARDC cooperated against the FDLR, the ADF, and the FRPI during the year. In July, Nduma Defense of Congo leader Ntabo Ntaberi Cheka, charged with crimes related to the 2010 Walikale rapes, surrendered to MONUSCO forces and on August 5, was transferred to government custody. A military trial began for Cheka on November 27 for crimes against humanity to include rape, murder, looting, torture, and war crimes such as the recruitment of children. The trial was still underway as of year’s end.

There was widespread killing, rape, and displacement of civilians by ethnic militias. In Ituri a series of attacks by unidentified local militias against villages caused widespread displacement as the local population feared a return of ethnic conflict that had been largely dormant since 2007. More than 40 persons were killed, mostly in attacks by militias with machetes. Approximately 350,000 persons were displaced by the conflict, including an estimated 42,000 refugees who fled to Uganda. By July enough stability had returned to the area to allow some of the displaced to return.

On March 27, the UN Security Council extended MONUSCO’s mandate for 12 months and renewed the intervention brigade to neutralize armed groups. The mandate prioritized protection of civilians and support to the implementation of the December 2016 Agreement with a focus on supporting the electoral process. As of September MONUSCO consisted of approximately 16,940 peacekeepers, military observers, and police.

Killings: From January to June, the United Nations reported RMGs killed 386 civilians, an increase of 43 deaths compared with the same period in 2017. The FRPI was responsible for 177 killings, all in Irumu territory of Ituri province and largely during ambushes and attacks against villages targeting civilians. Mai Mai groups summarily executed 33 civilians in North Kivu province, and the Gumino RMG in High Plateau area of South Kivu summarily executed at least 25 civilians, including six women.

According to the United Nations, at least 890 persons were killed during communal violence from December 16 to 18 in Yumbi, Mai-Ndombe Province, following a dispute regarding the burial ground for a deceased local leader. The violence included widespread burning and pillaging of villages. As many as 16,000 persons were displaced and thousands fled the violence by crossing the Congo River into the Republic of Congo.

Abductions: UN agencies and NGOs reported that RMGs abducted individuals, generally to serve as porters or guides or to demand ransom for them. From January through August, the United Nations reported that RMGs abducted 1,726 persons, including 330 women. The NDC was the greatest perpetrator of abductions; 364 persons were abducted from January through August. Victims of kidnappings by unknown assailants or suspected RMGs in North Kivu province reported they were detained outside or in unknown locations for days, stripped of their clothes and belongings, tortured, and then abandoned. Observers noted a marked reduction in LRA abductions during the year compared with 2017.

Physical Abuse, Punishment, and Torture: UN agencies and NGOs reported the SSF arrested, illegally detained, raped, and tortured 662 civilians, including 68 women, through August 31 in conflict-affected areas.

RMGs committed abuses in rural areas of North Kivu, South Kivu, the Kasai provinces, and the former provinces of Katanga and Orientale, including killing, raping, and torturing civilians. The ADF launched numerous attacks during the year that killed civilians, FARDC, and MONUSCO peacekeepers. On September 22, the ADF launched an attack in Beni, North Kivu Province, killing at least 18 persons.

RMG members raped men, women, and minors as part of the violence among and between them and the FARDC. Statistics on rape, including rape of men, were not available. On May 21, in Bijombo in South Kivu province, a 45-year-old woman and two girls ages 16 and 17 were raped by FARDC. The victims were searching for their belongings after having run away from their village. On July 2, in Kananga of Kasai Central province, two girls ages 15 and 17 and two women were raped by approximately 10 armed men, among whom at least one was recognized as a police officer.

Child Soldiers: The MONUSCO Child Protection Section (CPS) reported RMGs released at least 2,253 children from their ranks during the year. MONUSCO CPS previously reported nearly 37 percent of child recruits were younger than 15 years of age when recruited, which could constitute a war crime. This represented a 40 percent increase in overall recruitment and a 13 percent increase in children younger than age 15 compared with the same period in 2016. UNICEF assisted the children through a number of NGOs. From January through September, children were separated from various RMGs including Nyatura (661), Mai Mai Mazembe (505), Kamuina Nsapu (242), Raia Mutomboki (168), the Democratic Forces for the Liberation of Rwanda-Abacunguzi Combattant Forces (166), ADF (80), Nduma Defense of Congo/Renove/Guidon (74), the Alliance of Patriots for a Free and Sovereign Congo/Janvier (71), and other groups (106). Most of the children were separated in North Kivu followed by the Kasai region.

According to the United Nations, children made up approximately 50-70 percent of Kamuina Nsapu militia ranks, including those used as fighters and human shields. The United Nations reported Kamuina Nsapu leaders drugged children and then slashed them across their stomachs and shoulders as part of their initiation ritual to test whether they would have protective powers against bullets. Children died as a result of this initiation process due to the deep incisions from spears and sticks.

The SSF continued to arrest and detain children for their association with armed groups. On May 26, media reported that 13 minors were released from Kananga central prison in Kasai province. Some children reported having been held for weeks at other remote facilities before being transferred to Kananga.

A presidential advisor on sexual violence and child recruitment, appointed in 2014, raised awareness of the problems of sexual violence throughout the country and encouraged efforts to remove child soldiers from the SSF and provide services to victims. On February 14, a FARDC unit deployed in Djugu territory of Ituri Province reportedly used four boys, ages 14 to 16, as porters and water fetchers. All four boys were released the following day. The United Nations reported that from January through September FARDC were involved in 27 cases of killing and maiming children. The United Nations also reported that the FARDC had a proxy relationship with the NDC-R, which recruited and used children during the year. The government cooperated with international organizations to eliminate recruitment and remove children from the SSF and RMGs including the NDC-R. During the year NDC-R leader Guidon Shimeray Mwissa signed a pledge and in November committed to a roadmap to remove all children from his ranks and prevent any further child recruitment. In February the United Nations sanctioned Guidon for, among other things, his use of child soldiers. The United Nations and several civil society actors indicated that all child soldiers were released from the NDC-R and that Guidon was abiding by his pledge not to recruit children.

ADF continued to kidnap children and use them as combatants.

Also see the Department of State’s annual Trafficking in Persons Report at www.state.gov/j/tip/rls/tiprpt/.

Other Conflict-related Abuse: Fighting between the FARDC and RMGs as well as among RMGs continued to displace populations and limit humanitarian access, particularly in the Kasai provinces; Rutshuru, Masisi, Walikale, Lubero, Beni, and Nyiragongo territories in North Kivu Province; South Kivu Province; and Tanganyika Province.

In North Kivu, South Kivu, East Kasai, and Upper Katanga provinces, RMGs and FARDC soldiers continued to illegally tax, exploit, and trade natural resources for revenue and power. The FARDC executed unarmed children who were suspected of belonging to the Kamuina Nsapu armed group. Clandestine trade in minerals and other natural resources facilitated the purchase of weapons and reduced government revenues. The natural resources most exploited were gold, cassiterite (tin ore), coltan (tantalum ore), and wolframite (tungsten ore) but also included wildlife products, timber, charcoal, and fish.

According to media and civil society, the LRA trafficked in elephant ivory from Garamba National Park to finance its operations, likely by smuggling ivory through the Central African Republic, South Sudan, and the disputed Kafia Kingi region controlled by Sudan, to link with illicit networks transferring these goods to China.

The illegal trade in minerals was both a symptom and a cause of weak governance. It financed the SSF and RMGs, and sometimes generated revenue for traditional authorities and local and provincial governments. With enhanced government regulation encouraged by global advocacy efforts and donor support, the mining of cassiterite, coltan, and wolframite resulted in a small but increasing amount of legal conflict-free export from North and South Kivu, Upper Katanga, and Maniema provinces. The year also saw the first small shipment of conflict-free gold from DRC. The SSF and RMGs continued to control, extort, and threaten remote mining areas in North Kivu, South Kivu, Ituri, Maniema, the Kasai region, and Haut Katanga provinces.

The law prohibits the FARDC and RMGs from engaging in mineral trade, but the government did not effectively enforce the law. Criminal involvement by FARDC units and RMGs included protection rackets, extortion, and theft. For example, in March UNGOE documented an attempt by FARDC officers to steal 2,860 pounds of coltan. The UNGOE also received credible information that state security officials participated in gold smuggling and illegal mining operations. There were unsubstantiated reports government officials were involved in illegal gold mining.

The UNGOE reported that several RMGs and elements of the FARDC profited from illegal trade and exploitation in the minerals sector (see section 7.b.). The UNGOE reported that a large part of the gold that was sourced (claimed to be) from Rwanda and Uganda was obtained fraudulently in neighboring countries, including the DRC. For example, it documented a smuggling operation of illegally sourced gold that was ultimately sold in Uganda and the United Arab Emirates.

Section 4. Corruption and Lack of Transparency in Government

The law provides criminal penalties for corruption by officials, but the government did not implement the law effectively, and officials frequently engaged in corrupt practices with impunity.

Corruption: Corruption by officials at all levels as well as within state-owned enterprises continued to deprive state coffers of hundreds of millions of dollars per year. NGOs and media reports during the year alleged irregularities in the public contract management process for the awarding of contracts related to the voter registration process. A September report by NGO The Sentry alleged corruption and self-enrichment by CENI officials in the awarding of a no-bid $150 million contract for electronic voting machines to be used in the December elections. Additional revenue losses were due to racketeering and exploitation of minerals in the east by the SSF, FARDC elements, and RMGs. Artisanal mining remained predominantly informal and illicit and strongly linked to armed groups and elements of the FARDC. Artisanal mining products, particularly gold, were smuggled into Uganda and Rwanda, often with the connivance of government officials. As of 2017 research by NGO International Peace Information Service estimated 44 percent of artisanal mine sites in the east were free of illegal control or taxation by the SSF or RMGs; 38 percent were under the control of elements of the FARDC; and the remainder was under the control of various armed groups. In 2014 the government launched a mechanism to standardize supply-chain processes across the Great Lakes Region for artisanally produced cassiterite (tin ore), wolframite (tungsten ore), and coltan (tantalum ore), the implementation of which continued. On June 12, the government publicly launched an artisanal gold traceability initiative but had not begun implementation by year’s end. The mining code of 2018 mandates membership in mining cooperatives for all artisanal miners, and requires accreditation to transform, transport, and conduct transactions in artisanal mining products.

In 2013 Kofi Annan’s Africa Progress Panel estimated that the country lost $1.36 billion between 2010 and 2012 due to undervalued mining asset sales. In July the NGO Global Witness reported that more than $750 million in payments by mining companies to country’s tax agencies and state mining companies between 2013 and 2015 never reached the national treasury. In November the Carter Center reported 1.2 trillion Congolese francs ($750 million) in unaccounted for mining revenues earned by the parastatal Gecamines from 2011 to 2014. This constituted more than two-thirds of the 1.75 trillion Congolese francs ($1.1 billion) in mining revenues earned by Gecamines during this period. The Carter Center’s analysis of Gecamines contracts and finances found that the government could also not account for more than half a billion dollars in infrastructure loans from Chinese banks. The report documented how government officials circumvented the mining code and regulations governing state-owned enterprises to divert revenue and observed that suspicious financial transactions appeared to coincide with the country’s electoral cycles. In a public statement after the Carter Center’s report was released, Gecamines chief executive officer Albert Yuma claimed all revenues were accounted for and denied the allegations.

An UNGOE report published in June noted that armed groups and criminal networks, including DRC security officers, continued to derive illegal revenues through gold smuggling and illicit taxation. The UNGOE provided information that a significant portion of the gold traded by Uganda and Rwanda is sourced fraudulently from neighboring countries, including the DRC, and then exported to countries including the UAE. The UNGOE previously reported cases involving FARDC elements and RMGs in the exploitation and trade of gold in the country, including that of Major General Gabriel Amisi Kumba, also known as Tango Four. According to the report, Amisi owned several gold dredges through a local gold mining company that benefited from FARDC protection. The UNGOE previously reported “almost all artisanally sourced gold in the DRC is exported illegally and underestimated in both value and volume.” The June UNGOE report also documented cases of fraud in the tagging and transport processes of various minerals in the east, noting that, while some projects are underway to strengthen the government’s technical capacity to detect fraud in the transport of minerals, the UNGOE believed structural measures were also needed to address the problem of corruption among agents responsible for tagging. In June the UNGOE reported several cases where FARDC officers violated the Tin Supply Chain Initiative traceability system by fraudulently tagging minerals. The group also found that some FARDC officers participated in the smuggling and illegal transportation of minerals. In September the Congolese Association for the Fight Against Corruption alleged Congolese citizens smuggled an estimated $30 million in gold to Hong Kong via Kenya.

A report published by the UNGOE in 2014 indicated that elements of the FARDC, local poachers, and armed groups remained involved in the illegal exploitation of and trade in wildlife products, including ivory (see section 1.g.).

In 2016 the government launched an initiative to boost the economy that included specific measures to fight tax evasion and enforce penalties against corrupt civil servants. In 2016 the prime minister established the Corruption and Ethics Monitoring Observatory (OSCEP) to monitor corruption in the civil service. OSCEP’s mandate includes generating a database of corruption-related activities as well as coordinating anticorruption activities among government agencies, including the antifraud brigades of the Customs Authority, the Ministry of Mines, the General Inspectorate of Finance, the Financial Intelligence Unit (CENAREF), and the Bureau of the Special Advisor of the Head of State in Charge of Good Governance. Although CENAREF undertook some anti-money-laundering activities, OSCEP remained largely inactive.

In an effort to combat corruption, the government continued a program to pay many civil servants and security forces in major cities by direct deposit, eliminating an important means of graft. Previously, the government utilized a cascading cash payment system, disbursing salaries to senior officials for payment to subordinate officials, who in turn paid their staffs.

The law criminalizes money laundering and terrorist financing. Limited resources and a weak judicial system hampered the ability of CENAREF to enforce regulations against money laundering. Local institutions and personnel lacked the training and capacity to enforce the law and its attendant regulations. Former minister of justice, Luzolo Bambi is the president’s special envoy to fight corruption and money laundering. On August 4, Bambi set out his renewed “battle against impunity” in a letter to the attorney general. In 2016 the president issued an executive ordinance granting Bambi’s office broad arrest authority. The arrest authority did not prove effective, since the special envoy lacked the personnel to make arrests, and for the most part remained limited to referring suspects to the court system for prosecution.

Government authorities and wealthy individuals at times used antidefamation laws that carry criminal punishments, as well as other means of intimidation, to discourage media investigation of government corruption (see section 2.a.).

As in previous years, a significant portion of the country’s 2018 enacted budget (approximately 14 percent) consisted of off-budget and special account allocations that were not fully elaborated. These accounts facilitate graft by shielding receipts and disbursements from public scrutiny. Under the Extractive Industries Transparency Initiative standard of 2016, the DRC is required to disclose the allocation of revenues and expenditures from extractive companies. While awaiting the onset of the country’s first validation for compliance under this standard, preliminary assessments have revealed serious weaknesses.

Financial Disclosure: The law requires the president and ministers to disclose their assets to a government committee. The president and all ministers and vice ministers reportedly did so when they took office. The committee had yet to make this information public.

Republic of the Congo

Executive Summary

The Republic of the Congo (ROC) is a presidential republic in which the constitution, promulgated in 2015, vests most decision-making authority and political power in the president and prime minister. In 2015 the Republic of the Congo adopted a new constitution, that extended previous maximum presidential term limits to three terms of five years, and provided complete immunity to former presidents. In April 2016 the Constitutional Court proclaimed the incumbent, Denis Sassou N’Guesso, winner of the March 2016 presidential election despite complaints of electoral irregularities. The government held the most recent legislative and local elections in July 2017. While the country has a multiparty political system, members of the president’s Congolese Labor Party (PCT) and its allies retained almost 90 percent of legislative seats, and PCT members occupied almost all senior government positions.

Civilian authorities generally maintained effective control over the security forces.

During the year the country experienced significant positive changes regarding internal peace and security. In December 2017 the government and representatives of the Nsiloulou faction of the Ninja rebel militia group agreed to a ceasefire, thereby ending the conflict in the Pool region that had been ongoing since 2016. In June government and UN sources stated approximately 80-90 percent of the 161,000 persons displaced by the conflict had returned to their homes and villages.

Human rights issues included reports of unlawful or arbitrary killings; forced disappearance; arbitrary detention by the government; harsh and life threatening prison conditions; political prisoners; infringement of citizens’ privacy rights; restrictions on freedoms of assembly and association; restrictions on the ability of citizens to change their government peacefully; corruption on the part of officials; violence against women, including rape, domestic violence, and child abuse; trafficking in persons; and child labor, including worst forms.

The government seldom took steps to prosecute or punish officials who committed abuses, and official impunity was a problem.

According to the United Nations, the security situation in the Pool region improved significantly. In contrast with 2017, reports of human rights abuses against civilians in the conflict zone committed either by government-controlled or rebel forces declined significantly as the security situation improved. The government did not take steps to investigate, prosecute, or punish perpetrators of human rights abuses committed during the Pool conflict by government-controlled or rebel forces in 2016 and 2017. In August the government, rebel leaders, and the United Nations Development Program announced a joint program to conduct disarmament, demobilization, and reintegration (DDR) activities in the Pool region.

Section 1. Respect for the Integrity of the Person, Including Freedom from:

There were several reports on social media of the government or its agents committing arbitrary or unlawful killings; however, for most such reports of killings besides those specified below, no independent confirmation was possible, leading to uncertainty regarding the frequency of the incidents and the total number of persons arbitrarily deprived of life.

Human rights nongovernmental organizations (NGOs) continued to report deaths resulting from abuse in prisons and pretrial detention centers (see sections 1.c. and 1.g.).

On July 23, 13 persons between the ages of 12 and 22 died in police custody in the Chacona police station in Brazzaville. Significant public backlash contributed to a shifting government narrative of the incident. The government’s public prosecutor originally announced that the deaths resulted from armed street violence between rival gangs. On July 26, however, the minister of interior admitted before Parliament that the young men died in unclear circumstances in police custody. In the days following the incident, the government announced it would launch an investigation into the incident, detained members of the police unit that worked at the Chacona police station, and paid families 2,000,000 Central African Francs each ($3,530). As of December 10, a judicial review was underway but not yet complete.

There were no new reports of politically motivated disappearances. There was no new information on the February 2017 disappearances of Nimi Ngoma Guedj, Akonga Hosny Normand, and Awambi Elmich, who were arrested and detained at the Poto-Poto 2 police jail facility.

The constitution prohibits torture, and the law contains a general prohibition against assault and battery, but there is no legal framework specifically banning torture under the criminal code. There were reports of cases of cruel, inhuman, and degrading treatment.

In January authorities released Dongui Christ, an activist, from custody. Authorities had accused Christ of spreading false information and disturbing the public order and subjected him to cruel, inhuman, and degrading treatment during his detention.

The United Nations reported that during the year it received two allegations of sexual exploitation and abuse against peacekeepers from the Republic of the Congo deployed in the UN Multidimensional Integrated Stabilization Mission in the Central African Republic (MINUSCA). One case alleged sexual assault (rape), the other allegation reported sexual exploitation (exploitative relationships involving 13 peacekeepers and 11 victims). Investigations by both the UN and the ROC government were pending. Four allegations were reported in 2017, of which two were pending (and one was unsubstantiated). Ten allegations dating back to 2015 were pending. In 2017 a UN review of the deployment of uniformed personnel from the ROC in MINUSCA found that the nature and extent of allegations of sexual exploitation and abuse pointed to systemic problems in command and control, leading the Republic of the Congo to withdraw its military personnel deployed in MINUSCA.

In June the government convicted three ROC military personnel accused of committing war crimes in the Central African Republic (CAR). A court sentenced the three military personnel to three years in prison before releasing them for time served. The armed forces reportedly imposed nonjudicial punishments on personnel accused of sexual exploitation and abuse in the CAR.

Prison and Detention Center Conditions

Prison and detention center conditions were harsh and life threatening due to inadequate sanitary conditions, gross overcrowding, and a severe deficit of medical and psychological care.

Physical Conditions: As of September the Brazzaville Prison, built in 1943 to accommodate 150 inmates, held more than 1,016, including 33 women and 17 minors. The Pointe-Noire Prison, built in 1934 to hold 75 inmates, held an estimated 325 persons. Police stations regularly housed individuals in their limited incarceration facilities beyond the maximum statutory holding period of 72 hours. In addition to these official prisons, the government’s intelligence and security services operated several secret detention centers and security prisons, which were inaccessible for inspection.

Authorities generally maintained separate areas within facilities for minors, women, and men in Brazzaville and Pointe-Noire. In Brazzaville, while these areas were separate, they were sometimes easily accessible with no locked entryways. In the other 10 prisons, authorities sometimes held juvenile detainees with adult prisoners.

Prison conditions for women were generally better than those for men. There was less crowding in the women’s cells than in those for men. Authorities held pretrial detainees with convicted prisoners. In Brazzaville, authorities housed and treated prisoners with illnesses in one area but allowed them to interact with other inmates.

In the Brazzaville Prison, conditions for wealthy or well connected prisoners generally were better than conditions for others.

There were several reported deaths resulting from abuse, neglect, and overcrowding in prisons and pretrial detention centers. As in 2017, a local NGO reported that figures on the number and causes of death while in custody were unavailable.

In Brazzaville and Pointe-Noire, most inmates slept on the floor on cardboard or thin mattresses in small, overcrowded cells that exposed them to disease. The prisons lacked drainage and ventilation, and they had poorly maintained lighting with wiring protruding from the walls. Basic and emergency medical care was limited. Medical personnel at the Brazzaville Prison cited tuberculosis, dysentery, malaria, and HIV as the most common maladies affecting prisoners. Authorities did not provide specialized medical care to prisoners with HIV/AIDS, nor were HIV tests available in prisons. Authorities took pregnant women to hospitals to give birth, and authorities sometimes allowed them to breastfeed their infants in prison. Access to social services personnel was severely limited due to insufficient staffing, overcrowding, and stigmatization of those with mental health issues. Prisoners had weekly access to Christian religious services only. Prison authorities permitted outdoor exercise intermittently.

Prison inmates reportedly received, on average, two daily meals consisting of rice, bread, and fish or meat. The food provided in prisons did not meet minimum caloric or nutrition requirements; however, prison authorities usually permitted inmates’ families to supply them with additional food. Authorities permitted women to cook over small fires built on the ground in a shared recreational space. The Pointe-Noire Prison occasionally had running water. All of the prisons supplied potable water to inmates in buckets.

Administration: Prison rules provide for prisoners and detainees to submit complaints to judicial authorities without censorship, but officials did not respect this right. Authorities did not investigate credible allegations of inhuman conditions brought to them by NGOs and detainees’ families.

Access to prisoners generally required a communication permit from a judge. The permit allowed visitors to spend five to 15 minutes with a prisoner, although authorities usually did not strictly enforce this limit. In most cases, visits took place either in a crowded open area or in a small room with one extended table where approximately 10 detainees sat at a time. A new permit is technically required for each visit, but families were often able to return for multiple visits on one permit. Since many prisoners’ families lived far away, visits often were infrequent because of the financial hardship of travel.

Independent Monitoring: The government provided domestic and international human rights groups with limited access to prisons and detention centers. Observers generally considered the primary local NGO focused on prison conditions independent; authorities, however, denied it access to the interior of several different prisons on multiple occasions throughout the year.

Throughout the year, human rights NGOs that monitored detention conditions requested letters of permission from the Ministry of Justice to visit prisons. Their repeated requests went unanswered.

Representatives of religiously affiliated charitable organizations visited prisons and detention centers for charitable work and religious counseling. Authorities granted diplomatic missions’ access to both prisons and police jails to provide consular assistance to their citizens.

The constitution and law prohibit arbitrary arrest and detention, but local NGOs report arbitrary arrest continued to be a problem. The constitution and law provide detainees the right to challenge the legal basis of their detention before a competent judge or authority, but the government generally did not observe the law.

ROLE OF THE POLICE AND SECURITY APPARATUS

Security forces consist of police, the gendarmerie, and the military. Police and the gendarmerie are responsible for maintaining internal order, with police primarily operating in cities and the gendarmerie mainly in other areas. Military forces are responsible for territorial security, but some units also have domestic security responsibilities. For example, the specialized Republican Guard battalion provides protection for the president, government buildings, and diplomatic missions. The Ministry of Defense oversees the military and gendarmerie, and the Ministry of the Interior and Decentralization oversees the police.

A civilian police unit under the Ministry of Interior and Decentralization is responsible for patrolling the borders. Separately, a military police unit reports to the Ministry of Defense and is composed of military and police officers responsible for investigating professional misconduct by members of any of the security forces.

Civilian authorities generally maintained effective control over the security forces; however, there were members of the security forces who acted independently of civilian authority, committed abuses, and engaged in malfeasance. The law charges both the military police and the Office of the Inspector General of Police with investigating reports of misconduct by security forces. The civilian justice system is responsible for conducting trials of military force members accused of crimes.

ARREST PROCEDURES AND TREATMENT OF DETAINEES

The constitution and law require that a duly authorized official issue warrants before making arrests, a person be apprehended openly, a lawyer be present during initial questioning, and detainees be brought before a judge within three days and either charged or released within four months. The government habitually violated these provisions. There is a bail system, but with 70 percent of the population living in poverty, most detainees could not afford to post bail. There is an option for provisional release, but officials usually denied these requests, even for detainees with serious medical conditions. Authorities sometimes informed detainees of charges against them at the time of arrest, but filing of formal charges often took at least one week. There were reports that authorities arrested detainees secretly and without judicial authorization and sometimes detained suspects incommunicado or put them under de facto house arrest. Police at times held persons for six months or longer before filing charges due to the political nature of the case or administrative errors. Observers attributed most administrative delays to lack of staff in the Ministry of Justice and the court system. Family members sometimes received prompt access to detainees but often only after payment of bribes. The law requires authorities to provide lawyers to indigent detainees facing criminal charges at government expense, but this usually did not occur.

The penal code states authorities may hold a detainee for a maximum of 48 to 72 hours in a police jail before an attorney general reviews the case. Thereafter, authorities must decide to release or to transfer the individual to a prison for pretrial detention. Authorities generally did not observe the 72-hour maximum and frequently held detainees for several weeks before an attorney general freed or transferred them to a prison to await trial. The criminal code states that a defendant or accused person may apply for provisional release at any point during his or her detention, from either an investigating judge or a trial court, depending on the type of case. The law states that provisional release should generally be granted, provided that the judicial investigation is sufficiently advanced, that the accused does not pose a risk of subornation of witnesses, and does not pose a threat of disturbance to public order caused by the offense initially alleged; however, this law was not respected in practice.

Arbitrary Arrest: Reports suggest that arbitrary and false arrests continued to occur.

In November 2017 plain-clothes members of the security forces arrested Steve Bagne Batongo, a lawyer, in Brazzaville. Authorities arrested Bagne in his law office in violation of Article 53 of Congolese Law 026-92 on the Organization of Professional Lawyers. Authorities held Bagne in custody without charge longer than the 72 hours allowed under Article 48 of the penal code. In January authorities released Bagne from detention without trial.

Prostitution is legal. Under the law procuring (arranging the prostitution of another for financial gain) and sex trafficking are illegal. In November, the Brazzaville police arrested a Cameroonian national accused of procuring prostitution. In December, the Ministry of Women’s Promotion conducted job training for 20 former female prostitutes to encourage them to pursue other types of employment. There were unconfirmed reports that police arrested prostitutes, including gay men, for alleged illegal activity.

Pretrial Detention: The penal code sets a maximum of four months in pretrial detention. Under the law pretrial detention is extendable for two additional months with judicial approval. The penal code is not clear whether the two-month extension is renewable. Judges often renewed the two-month extension of pretrial detainees. Between 60 and 75 percent of detainees in the prisons were pretrial detainees. Prison authorities stated the average provisional detention for noncriminal cases lasted one to three months and for criminal cases at least 12 months. Human rights activists, however, stated the average was much longer, commonly exceeding a year, and sometimes exceeding the maximum sentence for the alleged crime.

For example, in November 2015 authorities arrested British citizen Paulin Makaya, president of the opposition United for Congo Party, for “incitement to public disorder” for organizing and participating in an unauthorized demonstration in October 2015 against the constitutional referendum. Makaya remained in pretrial detention for two years and eight months under the charge of disturbing public order. On March 18, authorities charged Makaya with inciting disorderly conduct. His trial took place in July, and the court sentenced Makaya to one year in jail and eligible for release based on time served as of September 15. The government released Makaya on September 17.

Lengthy pretrial detentions were due to the judicial system’s lack of capacity, and a lack of political will to address the issue. The penal code defines three levels of crime: misdemeanors (punishable by less than one year in prison), the delicts (punishable by one to five years in prison), and felonies (punishable by more than five years in prison). Criminal courts try misdemeanor and delict cases regularly. The judicial system, however, suffered from a serious backlog of felony cases. By law criminal courts must hear felony cases four times per year. Due to a lack of funding, no felony cases took place from 2014 until March. Authorities held in pretrial detention those accused of felonies for the duration of this period. From March to May, criminal courts held felony sessions throughout the country. Brazzaville’s criminal court heard 132 felony cases.

Detainee’s Ability to Challenge Lawfulness of Detention before a Court: The constitution and law prohibit arbitrary arrest, arbitrary detention, and false arrest and provide detainees the right to challenge the legal basis of their detention before a competent judge or authority. If an investigating judge determines a detainee to be innocent, his or her release is promptly ordered, and he or she is entitled to file suit with the Administrative Court. The government, however, generally did not observe this law. Local human rights NGOs reported numerous occasions when officials denied detainees in Brazzaville the right to challenge their detention.

e. Denial of Fair Public Trial

The constitution and law are the framework for an independent judiciary. High caseload, lack of financial resources, political influence, and corruption remained problematic. Authorities generally abided by court orders; however, judges did not always issue direct court orders against accused authorities.

In rural areas traditional courts continued to handle many local disputes, particularly property, inheritance, and witchcraft cases, and domestic conflicts that could not be resolved within the family.

TRIAL PROCEDURES

The constitution provides for the right to a fair trial presided over by an independent judiciary, but authorities did not always respect this right. In 2011, the Ministry of Justice began to decentralize the trial process. Appeals courts existed in five departments–Brazzaville, Pointe-Noire, Dolisie, Owando, and Ouesso–and each had authority to try felony cases brought within its jurisdiction.

Under the law all defendants must be informed promptly and in detail of the charges, with free interpretation as necessary and have a right to a fair and public trial in all criminal cases and felony cases. Defendants in all criminal trials have the right to be present at their trials and to consult with an attorney in a timely manner, although this did not always occur. The law obligates the government to provide legal assistance to any indigent defendant facing serious criminal charges, but such legal assistance was not always available because the government did not generally pay for public defenders.

Defendants have the right to adequate time and facilities to prepare a defense. They also have the right to confront or question accusers and witnesses against them and present witnesses and evidence on their own behalf. Defendants have the right not to be compelled to testify or confess guilt and have the right to appeal. The law extends these rights to all citizens, and the government generally abided by these provisions, except in highly politicized cases.

POLITICAL PRISONERS AND DETAINEES

During the year, authorities released numerous prisoners and detainees. According to local NGOs, approximately 70 persons remained in detention for political reasons. On June 26, authorities released 81 supporters of the leader of the Ninja militia, Pasteur Ntumi to solidify the December 23 ceasefire agreement signed between the government and rebel forces.

In December 2017 authorities released an American citizen who served 20 months of prison time for political reasons.

Former presidential candidates Jean-Marie Michel Mokoko and Andre Okombi Salissa remained in jail as of November 14. On October 19, however, authorities released senior members of their staff including Jean Ngouabi, Jacques Banagandzala, Anatole Limbongo Ngoka, Christine Moyen, Dieudonne Dhird, and Raymond Ebonga.

The government permitted limited access to political prisoners by international human rights and humanitarian organizations and diplomatic missions.

CIVIL JUDICIAL PROCEDURES AND REMEDIES

The judiciary heard felony court cases from March to May for the first time since September 2014. Brazzaville’s felony court tried 132 pending cases.

Civil courts continued to review cases on a regular basis throughout the year. Civil courts experienced long delays, although shorter than felony courts. Individuals may file a lawsuit in court on civil matters related to human rights, including seeking damages for or cessation of a human rights violation. The public, however, generally lacked confidence in the judicial system’s ability to address human rights problems.

The constitution and law prohibit such actions; the government, however, did not always respect these prohibitions.

There were reports government authorities entered homes without judicial or other appropriate authorization, monitored private movements, and employed informer systems.

In the Pool region, a conflict between the Ninja/Nsiloulou armed rebel group and government security forces ended with a ceasefire agreement in December 2017. To the end of the reporting year, neither party to the conflict has violated the ceasefire. Authorities vacated an arrest warrant for the leader of the rebel group, Frederick Bintsamou a.k.a. “Pastor Ntumi,” in August. As of September, the judicial system had not held perpetrators of abuses committed in the Pool conflict in 2016 and 2017 accountable for any crimes committed during the conflict.

Killings: There were no reports of military or armed groups killing civilians in conflict areas during the reporting period.

Other Conflict-related Abuse: According to the UN Development Program, humanitarian workers now have access to all areas of the Pool that were restricted during the 2016-17 conflict. The government ceased restricting the passage of humanitarian relief supplies, including food, drinking water, and medical aid provided by international humanitarian organizations such as the United Nations. In June a UN agency reported that members of the Ninja armed group detained aid workers for several hours before releasing them unharmed.

UN and government sources estimated that 80 to 90 percent of the 161,000 internally displaced persons from the Pool region conflict returned home as of September. The government designated a high commissioner for reinsertion of former combatants charged with implementing DDR activities, in coordination with the United Nations, in efforts to end the conflict and reduce the possibility for violence or other human rights abuses. The minister of interior chairs the Equal Representation Ad-hoc Commission (Commission Ad-hoc Mixte Paritaire, or CAMP) charged with coordinating between the former Ninja rebel group and the government.

Section 4. Corruption and Lack of Transparency in Government

The law provides for criminal penalties for corruption by officials; however, the government did not implement the law effectively, and many officials engaged in corrupt practices with impunity, despite the president’s calls for an end to corruption in his annual address to the nation during the year and his inauguration speech in 2016.

There was a widespread perception of corruption throughout government, including misuse of revenues from the oil and forestry sectors. Some local and international organizations claimed some government officials, through bribes or other fraud, regularly diverted revenues from these sectors into private overseas accounts before officially declaring the remaining revenues.

Corruption: In his annual New Year’s address to the nation, the president pledged to make anticorruption efforts a priority of his government during the year. The National Commission on the Fight against Corruption, Bribery, and Fraud accused several government officials during the year of corruption. In August the national commission issued a report that detailed investigations conducted during the first four months of the year. The report accused one minister of misusing public funds earmarked for staff training, and embezzlement of funds from a construction project. The national commission sent its report to the public prosecutor for potential legal action. As of November investigations were ongoing. The minister denied all of the findings in the report.

Financial Disclosure: The constitution mandates that senior elected or appointed officials disclose their financial interests and holdings both before taking office and upon leaving office. Failure to do so is legal grounds for dismissal from a senior position. According to the constitution, the Constitutional Court is responsible for enforcing financial disclosure; however, authorities did not enforce this provision. No financial disclosure statements were publicly available during the year.

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