Democratic Republic of the Congo
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 on December 30, 2018; however, presidential elections were cancelled in Beni and Butembo, nominally due to an ongoing Ebola outbreak and security concerns, and in Yumbi because of intercommunal violence. Legislative and provincial elections in those regions were held in March. On January 10, the National Independent Electoral Commission (CENI) declared Felix Tshisekedi the winner of the December 2018 presidential election. His electoral victory was confirmed by the Constitutional Court on January 20, and he was inaugurated on January 24. The 2018 election was marred by irregularities and criticized by some observers, including the Council of Bishops, who said the results did not match those of their observation mission. Many international actors expressed concern over the CENI decision to deny accreditation to several international election observers and media representatives. Some persons questioned the final election results due to press reports of unverified data leaked from unnamed sources alleging opposition candidate Martin Fayulu received the most votes. The election aftermath was calm, with most citizens accepting the outcome. The January 24 inauguration of President Felix Tshisekedi was the first peaceful transfer of power in the country’s history. On August 26, the president’s Course for Change (CACH) political alliance entered into a power-sharing agreement to form a government with former president Joseph Kabila’s Common Front for Congo (FCC) political coalition, which won an absolute majority in the National Assembly. Under the agreement, Tshisekedi’s CACH took 35 percent of ministerial posts, while Kabila’s FCC took 65 percent.
The primary responsibility for law enforcement and public order lies with the Congolese National Police (PNC), which operates under the Ministry of the Interior. The National Intelligence Agency (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 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. The presidency oversees the Republican Guard (RG), and the Ministry of Interior oversees the Directorate General for Migration, which, together with the PNC, are responsible for border control. Civilian authorities did not always maintain control over the security forces.
Significant human rights issues included: unlawful or arbitrary killings, including extrajudicial killings by the government; forced disappearances by the government; torture by government; arbitrary detention by the government; harsh and life-threatening prison conditions; political prisoners; arbitrary or unlawful interference with privacy; serious problems with the independence of the judiciary; the worst forms of restrictions on free expression, the press, and the internet, including violence, threats of violence, or unjustified arrests of journalists, censorship, internet blackouts, and criminal libel; interference with the rights of peaceful assembly and freedom of association; some restrictions on citizens’ right to change their government through democratic means; serious acts of corruption by the government; trafficking in persons; violence against women and children due in substantial part to government negligence; crimes involving violence or threats of violence targeting persons with disabilities, members of national/ethnic/racial minorities, or indigenous people; and crimes involving violence or threat of violence targeting lesbian, gay, bisexual, transgender, and intersex (LGBTI) persons, and forced labor, including by children.
Impunity for human rights violations and abuses was a problem. Despite the occurrence of some notable trials of military officials, authorities often did not investigate, prosecute, or punish officials who committed abuses, whether in the security forces or elsewhere in the government.
Government security forces, as well as illegal armed groups (IAGS), continued to commit abuses, primarily in the east and the Kasai region. These abuses included unlawful killings, disappearances, torture, destruction of government and private property, and sexual and gender-based violence. IAGs also recruited, abducted, and retained child soldiers and forced labor. The government took military action against some IAGs but had limited ability to investigate abuses and bring the accused to trial (see section 1.g.).
Section 2. Respect for Civil Liberties, Including:
a. Freedom of Expression, Including for the Press
The law provides for freedom of speech, including for the press, but the government did not always respect this right. The press frequently and openly criticized public officials and public policy decisions. Individuals generally could criticize the government, its officials, and other citizens in private without being subject to official reprisals. Public criticism, however, of government officials and corruption sometimes resulted in intimidation, threats, and arrest. Provincial-level governments also prevented journalists from filming or covering some protests. Through June 30, the UNJHRO documented human rights abuses against at least 85 journalists. On May 3, President Tshisekedi was the first head of state from the country to take part in World Press Freedom Day in Kinshasa, declaring the government’s commitment to promote freedom of the press.
Freedom of Expression: The law prohibits insulting the head of state, malicious and public slander, and language presumed to threaten national security. Authorities sometimes intimidated, harassed, and detained journalists, activists, and politicians when they publicly criticized the government, president, or SSF. On April 9, Radio Television Nsanga in Kasai Province was stormed by nine armed PNC officers on orders of the director of the local telecommunication authority. Journalists were ordered to abruptly interrupt broadcasting and leave the premises. The previous day agents from the telecommunication authority had asked the station to pay 338,000 Congolese francs ($200) in tax without explaining why. Plainclothes and uniformed security agents allegedly monitored political rallies and events.
Press and Media, Including Online Media: The law mandates the High Council for the Audiovisual and Communications to provide for freedom of the press and equal access to communications media and information for political parties, associations, and citizens. A large and active private press functioned in Kinshasa and in other major cities, and the government licensed a large number of daily newspapers. Radio remained the principal medium of public information due to limited literacy and the relatively high cost of newspapers and television. The state owned three radio stations and three television stations, and the former president’s family owned two additional television stations. Government officials, politicians, and to a lesser extent church leaders, owned or operated the majority of media outlets.
The government required newspapers to pay a one-time license fee of 250,000 Congolese francs ($150) and complete several administrative requirements before publishing. Broadcast media were also subject to a Directorate for Administrative and Land Revenue advertisement tax. Many journalists lacked professional training, received little or no set salary, could not access government information, and exercised self-censorship due to concerns of harassment, intimidation, or arrest.
In November local NGO Journalists in Danger (JED) reported 85 cases of attacks on media from November 2018 to October and attributed 25 percent of these attacks to state security forces. JED reported the number of attacks on media decreased by approximately 30 percent from 2018. JED reported 16 cases of arrests of journalists, a 70 percent decline from the previous year, including several who remained in detention for more than the legal limit of 48 hours without being charged. JED reported 41 instances of authorities preventing the free flow of information, as well as efforts to subject journalists to administrative, judicial, or economic pressure. At year’s end the government had not sanctioned or charged any perpetrator of press freedom violations.
On March 20, Flavien Rusaki, a journalist and owner of the news outlet Tokundola, which broadcasts on several television stations in Kinshasa, was assaulted by activists from the Union for Democracy and Social Progress (UDPS) political party outside its headquarters in Kinshasa. Rusaki was accompanying opposition figure Franck Diogo, who had just been released from prison following President Tshisekedi’s amnesty order, and was en route to UDPS party headquarters to show his support for the president. UDPS supporters accused Rusaki as a supporter of defeated presidential candidate Martin Fayulu and attacked him.
Violence and Harassment: Local journalists were vulnerable to intimidation and violence by the SSF. JED reported that on August 1, a FARDC soldier assaulted Frank Masunzu, a journalist for Radio Pole FM, in Masisi Territory of North Kivu Province, while trying to interview victims of alleged FARDC abuses.
Censorship or Content Restrictions: While the High Council for Audiovisual and Communications is the only institution with legal authority to restrict broadcasts, the government, including the SSF and provincial officials, also exercised this power.
Media representatives reported they were pressured by provincial government authorities not to cover events organized by the opposition or news concerning opposition leaders.
On June 29, the government forced Radio Television by Satellite (RTVS1), a media company owned by opposition leader Adolphe Muzito, to shut down, allegedly for tax arrears after it broadcast a message encouraging participation in a banned protest. This was the first such instance of forced media closure since President Tshisekedi took office, and the timing was seen as deliberate. The government did not reestablish RTVS1’s signal until August 1. On September 4, JED reported approximately 30 media outlets were closed throughout the country.
Libel/Slander Laws: The national and provincial governments used criminal defamation laws to intimidate and punish critics. On March 1, Radio Television Sarah journalist Steve Mwanyo Iwewe was sentenced by a provincial criminal court to 12 months in prison and a fine of 338,000 Congolese francs ($200) for insulting the governor of Equateur Province. Governor Bobo Boloko Bolumbu ordered Iwewe’s arrest on February 27 after he refused to stop filming a protest by employees of the local environmental department. Iwewe was freed on March 30 after successfully appealing his case. He reported that he was “brutally beaten by the governor’s bodyguards” during his arrest.
Local media reported that on August 1, Michel Tshiyoyo, a journalist for Radio Sozem in Kasai Central Province, was arrested over a social media post in which he discussed a dispute between two regional politicians. Martin Kubaya, the provincial governor, alleged the Facebook post was “hate speech.” On August 23, Tshiyoyo was sentenced to two years in prison. The Congolese National Press Union said Tshiyoyo had not committed any violations and called for his release. As of November he was still in prison.
National Security: The national government used a law that prohibits anyone from making general defamatory accusations against the military to restrict free speech.
Nongovernmental Impact: IAGs and their political wings regularly restricted press freedom in the areas where they operated.
b. Freedoms of Peaceful Assembly and Association
c. Freedom of Religion
See the Department of State’s International Religious Freedom Report at https://www.state.gov/religiousfreedomreport/.
d. Freedom of Movement
The law provides for freedom of internal movement, foreign travel, emigration, and repatriation. The government sometimes restricted these rights.
Several high-profile opposition figures were allowed to return to the country after years in self-imposed exile. In April the government annulled a prison sentence in absentia for politician Moise Katumbi, enabling him to safely return in May for the first time in three years. Similarly, Antipas Mbusa Nyamwisi, another opposition politician, was granted a passport in May, allowing him to return to the country after more than a year in exile.
In-country Movement: The SSF established barriers and checkpoints on roads and at airports and markets, both for security reasons and to track movement related to the Ebola outbreak. The SSF routinely harassed and extorted money from civilians for supposed violations, sometimes detaining them until they or a relative paid. The government required travelers to submit to control procedures at airports and ports during domestic travel and when entering and leaving towns. IAGs engaged in similar activity in areas under their control, routinely extorting civilians at checkpoints and holding them for ransom.
Local authorities continued to collect illegal taxes and fees for boats to travel on many parts of the Congo River. There also were widespread reports FARDC soldiers and IAG combatants extorted fees from persons taking goods to market or traveling between towns (see section 1.g.).
The SSF sometimes required travelers to present travel orders from an employer or government official, although the law does not require such documentation. The SSF often detained and sometimes exacted bribes from individuals traveling without orders.
Foreign Travel: Because of inadequate administrative systems, passport issuance was irregular. Officials accepted bribes to expedite passport issuance, and there were reports the price of fully biometric passports varied widely.
f. Protection of Refugees
As of August 31, UNHCR reported 538,706 refugees in the country, primarily from seven adjacent countries, of whom 216,018 were from Rwanda. Of the refugees in the country, 63 percent were children.
Abuse of Migrants, Refugees, and Stateless Persons: Continuing conflict in North Kivu, Ituri, and Tanganyika Provinces harmed refugees and IDPs in the regions, with attacks often resulting in deaths and further displacement. UNHCR reported Rwandan refugees in the Masisi Territory of North Kivu were subject to cyclical displacement as a result of FARDC and IAG operations and were forced to relocate to South Kivu.
The government occasionally cooperated with UNHCR and other humanitarian organizations in providing protection and assistance to IDPs, refugees, returning refugees, asylum seekers, stateless persons, or other persons of concern. In Bunia, Ituri Province, local authorities granted land for a new IDP site after UNHCR raised concerns the site hosting 11,000 IDPs near the city’s hospital during an Ebola outbreak was unfit.
In August the national government provided 422 million Congolese francs ($250,000) each to the governors of Kasai and Kasai Central to provide protection and transportation assistance to an estimated 6,000 to 10,000 returnees from Angola. Both governors worked with UNHCR, the World Food Program, Doctors Without Borders, and other international partners to facilitate the repatriation.
Access to Asylum: The law provides for the granting of asylum or refugee status, and the government established a rudimentary system for providing protection to refugees. The system granted refugee and asylum status and provided protection against the expulsion or return of refugees to countries where their lives or freedom would be threatened on account of their race, religion, nationality, membership in a particular social group, or political opinion.
As of August 31, there were 10,144 asylum seekers in the country. The government cooperated with UNHCR and other humanitarian organizations in assisting refugees and asylum seekers with welfare and safety needs. The government assisted in the safe, voluntary return of refugees to their homes by allowing their entry into the country and facilitating immigration processing. In establishing security mechanisms, government authorities did not treat refugees differently than citizens.
Durable Solutions: On July 5, the government signed a tripartite agreement with the Central African Republic (CAR) and UNHCR, allowing CAR refugees to return home. At least 4,000 CAR refugees expressed their intention to return home. In November, 396 refugees returned to CAR from the northern part of the country in the first repatriation convoy.
The country did not invoke the cessation clause effective in 2013 for Rwandan refugees who fled Rwanda before the end of 1998. In 2016 the government joined other refugee-hosting countries and UNHCR to commit to facilitating repatriation of Rwandans from countries of asylum. To implement the tripartite agreement from 2014, the National Commission on Refugees and UNHCR began in 2016 the process of biometrically registering Rwandan refugees who opted to remain in the country. Refugees received long-term, renewable permits to remain in the country. The program included a path to citizenship. Conflict impeded the process in North Kivu, where most of the refugees were located. UNHCR continued to support voluntary repatriation, and between January and August it assisted in repatriating 1,088 Rwandan refugees.
Temporary Protection: The government provided temporary protection to an undetermined number of individuals who may not qualify as refugees (see section 1.g.).
Section 3. Freedom to Participate in the Political Process
The constitution provides citizens the ability to choose their government in free and fair periodic elections held by secret ballot and based on universal and equal suffrage.
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.
On July 11, President Tshisekedi stated the country would no longer tolerate “yesterday’s untouchable corrupters,” and he pledged to launch a national anticorruption awareness campaign. Of residents, 80 percent said they had to pay bribes to secure public goods and services such as police protection, water, birth certificates, and identification cards. The survey, conducted from February to March 2018, showed that 82 percent of respondents believed the presidency under Kabila was the most corrupt institution in the country. In September, Vital Kamerhe, President Tshisekedi’s chief of staff, was accused of embezzling 15 million dollars from a state fund established to reimburse petroleum companies for a price freeze. As of October an investigation was underway.
Elements of the SSF were undisciplined and corrupt. 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.
Additional revenue losses were due to racketeering and exploitation of minerals in the east by certain FARDC elements and IAGs. Artisanal mining remained predominantly informal and illicit and strongly linked to both armed groups and certain 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 the NGO IPIS estimated 44 percent of artisanal mine sites in the east were free of illegal control or taxation from either elements of the SSF or IAGs, 38 percent were under the control of elements of the FARDC, and the remainder were under the control of various armed groups. In areas affected by conflict, both IAGs and elements of the SSF regularly set up roadblocks and ran illegal taxation schemes. In April, IPIS published data showing state agents regularly sold tags meant to validate clean mineral supply chains. The validation tags–a mechanism designed to reduce corruption, labor abuses, trafficking in persons, and environmental destruction–were regularly sold to smugglers.
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 during the year. On July 26, the government publicly launched an initiative alongside international and local partners to validate tin, tungsten, tantalum, and gold mine sites, verifying no armed groups benefited from mining activities. The 2018 mining code mandated membership in mining cooperatives for all artisanal miners and required accreditation to transform, transport, and conduct transactions in artisanal mining products.
In 2013 Kofi Annan’s Africa Progress Panel estimated the country lost $1.36 billion between 2010 and 2012 due to undervalued mining asset sales. In 2018 the NGO Global Witness reported more than 1.3 billion Congolese francs ($750 million) in payments by mining companies to tax agencies and state mining companies between 2013 and 2015 never reached the national treasury. Also in 2018 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. During the first half of the year, attempts to reform Gecamines by President Tshisekedi were systematically blocked by the holdover Kabila-era appointee in the Ministry of Portfolio, the body responsible for managing state-owned companies.
A June report from the UNGOE found armed groups regularly financed their activities through illegal mining. The report documented cases of government officials involved in the illegal diversion of minerals. According to the report, in December 2018 Isidor Olamba Shoja, head of the Mining Police in North Kivu’s Sake town, accepted a bribe of two million Congolese francs ($1,200) for the release of a smuggler arrested with 373 pounds of illegal coltan. After releasing the prisoner, Shoja kept the coltan. The UNGOE reported Shoja diverted minerals from smuggling groups several times, and that as of June he was in detention. On March 21, two other police officers were arrested for accepting a bribe to facilitate mineral smuggling.
The UNGOE also reported the armed group NDC-R, which they described as a proxy force of the FARDC, financed its activities through the control of artisanal gold and coltan mining sites in North Kivu. In January the NDC-R started to collect monthly taxes of 1,000 Congolese francs ($0.60) per adult. Persons were beaten, fined, and detained if they could not prove they paid the tax. The group also subjected local communities to forced labor. Men in Kalembe, North Kivu Province, were forced to perform construction work in mines controlled by the group.
As in previous years, a significant portion of the country’s enacted budget (approximately 13 percent) included off-budget and special account allocations that were not fully published. These accounts facilitated graft by shielding receipts and disbursements from public scrutiny. The special accounts pertained to eight parastatal organizations that raised revenues that were not channeled through the government’s tax collection authorities. “Special accounts” are subjected to the same auditing procedures and oversight as other expenditures; however, due in large part to resource constraints, the Supreme Audit Authority did not always publish its internal audits, or in many cases published them significantly late. Under the Extractive Industries Transparency Initiative (EITI) standard of 2016, the government is required to disclose the allocation of revenues and expenditures from extractive companies. On June 16, the EITI board noted the country had made meaningful progress in its implementation of the 2016 standard but also expressed concern over persistent corruption and mismanagement of funds in the extractive sector.
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.
Section 5. Governmental Attitude Regarding International and Nongovernmental Investigation of Alleged Abuses of Human Rights
Elements of the SSF continued to kill, harass, beat, intimidate, and arbitrarily arrest and detain domestic human rights advocates and domestic NGO workers, particularly when the NGOs reported on or supported victims of abuses by the SSF or reported on the illegal exploitation of natural resources in the east. In September, Human Rights Watch’s lead analyst for the country, Ida Sawyer, was granted a visa, and returned for the first time in three years. Sawyer–one of the foremost experts on human rights in the country–had been blacklisted under the Kabila regime. She stated she was encouraged by the Tshisekedi administration’s commitment to real change. During the year the government declined to issue or renew visas for some international journalists and researchers. Representatives from the Ministry of Justice and the ANR met with domestic NGOs and sometimes responded to their inquiries.
The United Nations or Other International Bodies: The government cooperated at times with investigations by the United Nations and other international bodies but was not consistent in doing so. For example, the government refused to grant the United Nations access to certain detention centers, particularly at military installations such as military intelligence headquarters, where political prisoners were often detained. The government and military prosecutors cooperated with the UN team supporting investigations related to the 2017 killing of two UN experts, Michael Sharp and Zaida Catalan, in Kasai Central Province.
In August, FARDC Colonel Jean de Dieu Mambweni was formally charged in the killings of the two UN experts, leading to the creation of a higher-level military panel that was hearing the case against him as well as the other defendants, some of whom were being tried in a lower level military court since June 2017. As of August a number of key suspects remained at large, including Evariste Ilunga, one of the few suspects identified in the video of the killings, and several others who were part of a prison escape in Kasai Central Province in May.
On July 8, the ICC convicted Bosco Ntaganda of 18 counts of war crimes and crimes against humanity committed in Ituri between 2002 and 2003. Ntangada’s crimes included murder, rape, sexual slavery, and the use of child soldiers in the country. In 2004 the government requested the ICC investigate the situation. On November 7, the ICC sentenced Ntaganda to 30 years in prison for his crimes.
Government Human Rights Bodies: During the year the National Commission on Human Rights published reports on 2018 intercommunal violence in Yumbi Territory, the condition of prisons and other detention facilities, and insecurity due to poaching in Haut Lomami Province. It also visited detention centers, followed up on complaints of human rights violations from civilians, and held a meeting on the right to demonstrate. It continued to lack sufficient funding for overhead costs or to have full-time representation in all 26 provinces.
Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
Section 7. Worker Rights
a. Freedom of Association and the Right to Collective Bargaining
The constitution and law provide all workers, including those in both the informal and formal sectors, except top government officials and SSF members, the right to form and join trade unions and to bargain collectively. The law also provides for the right of most workers to conduct legal strikes. It is against the law, however, for police, army, directors of public and private enterprises, and domestic workers to strike. The law gives administrative authorities the right to dissolve, suspend, or deregister trade union organizations. It also grants unions the right to conduct activities without interference, although it does not define specific acts of interference. In the private sector, a minimum of 10 employees is required to form a union within a business, and a single business may include members of more than one union. Foreigners may not hold union office unless they have lived in the country for at least 20 years. Collective bargaining requires a minimum of 10 union committee members and one employer representative; union committee members report to the rest of the workforce. In the public sector, the government sets wages by decree after holding prior consultations with unions. Certain subcategories of public employees, such as staff members of decentralized entities (towns, territories, and sectors), do not have the right under the law to participate in the wage-setting consultations.
Union committees are required to notify company management of a planned strike, but they do not need authorization to strike. The law stipulates unions and employers shall adhere to lengthy compulsory arbitration and appeal procedures before unions initiate a strike. Generally the committee delivers a notice of strike to the employer. If the employer does not reply within 48 hours, the union may strike immediately. If the employer chooses to reply, negotiations, which may take up to three months, begin with a labor inspector and ultimately continue in the Peace Court. Sometimes, employees provide minimum services during negotiations, but this is not a requirement. Unless unions notify employers of a planned strike, the law prohibits striking workers from occupying the workplace during a strike, and an infraction of the rules on strikes may lead to incarceration of up to six months with compulsory prison labor. This rule was not enforced, and no one was reported to have been imprisoned.
The law prohibits discrimination against union employees and requires employers to reinstate workers dismissed for union activities, but the associated penalties were not adequate to deter violations. The law considers those who have worked for a minimum of three continuous months as “workers” and thereby protected by relevant labor law. Unless they are part of a union, most workers in agricultural activities and artisanal mining, domestic and migrant workers, and workers in export-processing zones were unfamiliar with their labor rights and did not often seek redress when employers breached applicable labor laws.
The government recognizes 12 private-sector and public-enterprise unions at the national level. The public administration sector has a history of organizing, and the government negotiates with sector representatives when they present grievances or go on strike. Of the 15 national unions that represented the public administration sector, five accounted for the majority of the workers.
Workers exercised their right to strike. In January workers in the public and private sectors held a series of strikes over unpaid salaries. The new Tshisekedi administration invited workers’ representatives to negotiate and dismissed two directors of state-owned companies for their role in the embezzlement of workers’ salaries.
On February 26, police from Mbuji-Mayi, the capital of Kasai Oriental Province, went on strike over nonpayment of two months’ salary.
On July 31, magistrates in Kinshasa, Matadi, Lubumbashi, Mbandaka, and Uvira stopped judicial proceedings to protest working conditions and low salaries. Edmond Isofa, the president of the National Magistrates’ Union, said that low salaries were a major cause of corruption within the judicial system.
The government did not effectively enforce the law. In small and medium-sized businesses, workers could not effectively exercise the right to strike. Due to lax enforcement of labor regulations, companies and shops could immediately replace any workers attempting to unionize, bargain collectively, or strike with contract workers to intimidate the workers and prevent them from exercising their rights, despite legal protections. Antiunion discrimination was widespread, particularly in foreign-owned companies. In many instances, companies refused to negotiate with unions and negotiated individually with workers to undermine collective bargaining efforts.
Despite collective agreements on union dues, employers often did not remit union dues or did so irregularly.
b. Prohibition of Forced or Compulsory Labor
The constitution prohibits all forms of forced or compulsory labor. Penalties were insufficient to deter violations.
In cases of nonpayment of requisite and applicable taxes, the law allows for arrest and forced labor as a penalty to repay the tax debt. This had not been put into practice, however.
The government did not effectively enforce the law. There were reports forced labor, including forced child labor, regularly occurred throughout the country. Violations included bonded labor, domestic servitude, and slavery. In the artisanal mining sector, individuals took on debt from intermediaries and dealers to acquire food, supplies, and mining equipment, often at high interest rates. Miners who failed to provide sufficient ore to pay their debt were at risk of debt bondage. The government continued to try to formalize the artisanal mining sector but did not attempt to regulate the practice. In the east IAGs continued to abduct and forcibly recruit men, women, and children to serve as laborers, porters, domestic laborers, and combatants (see section 1.g.). In eastern mining regions, there were reports armed groups violently attacked mining communities and surrounding villages and held men, women, and children captive for trafficking, including forced labor and sexual exploitation. In North Kivu and South Kivu Provinces, some members of FARDC units and IAGs taxed or, in some cases, controlled mining activities in gold, coltan, wolframite, and cassiterite mines. There were no reports of FARDC units forcing persons to work in mines. IAGs sometimes forced local communities to perform construction work and other labor at mine sites. The government did not effectively enforce laws banning this practice.
Some police officers arrested individuals arbitrarily to extort money from them (see section 1.d.). There were reports in North and South Kivu Provinces of police forcing those who could not pay to work until they “earned” their freedom.
The government did not effectively enforce laws prohibiting forced or compulsory labor and took no action against those who used forced labor and abducted civilians for forced labor. The government did not report any official forced labor investigations, and there were no prosecutions. Little if any information existed on the removal of victims from forced labor.
Also see the Department of State’s Trafficking in Persons Report at https://www.state.gov/trafficking-in-persons-report/.
c. Prohibition of Child Labor and Minimum Age for Employment
The government prohibits all of the worst forms of child labor. The law sets the minimum age for work at 16, and a ministerial order sets the minimum age for hazardous work at 18. The law also stipulates children may not work for more than four hours per day and restricts all minors from transporting heavy items. Penalties for conviction of violations for the worst forms of child labor were insufficient to deter violations.
The Ministry of Labor has responsibility for investigating child labor abuses but had no dedicated child labor inspection service. In 2016 the National Labor Committee adopted a new action plan to fight the worst forms of child labor, slated for implementation during the year; however, as of September it had not been implemented. Other government agencies responsible for combating child labor include the Ministry of Gender, Family, and Children; Ministry of Justice; Ministry of Social Affairs; and National Committee to Combat the Worst Forms of Child Labor. These agencies had no budgets for inspections and conducted no child labor investigations.
World Vision announced it had reduced exploitation and the worst forms of child labor for 1,380 children in the mining sites of North Katanga through the provision of vocational training and schooling opportunities.
While criminal courts continued to hear child labor complaints, neither the courts nor other government agencies effectively enforced these laws. The government did not allocate specific budgetary resources to the relevant ministries and the National Committee to Combat the Worst Forms of Child Labor.
While there was systematic government effort to redirect child labor away from artisanal mines, the government and the African Development Bank launched an $80 million project to provide alternative livelihoods for children engaged in the cobalt sector. The Ministry of Mines prohibits artisanal mines with child labor from exporting minerals; however, the ministry had limited enforcement capacity.
The government undertook a $2.5 million project to boost the capacity of labor inspectors to prevent children younger than age 18 from engaging in hazardous work in mines. The law prohibits violations of child labor laws in the mining sector and imposes fines in cases of violations.
Child labor, including forced child labor, was a problem throughout the country (see section 7.b.). Child labor was most common in the informal sector, including in artisanal mining and subsistence agriculture. According to the Ministry of Labor, children worked in mines and stone quarries, and as child soldiers, water sellers, domestic workers, and entertainers in bars and restaurants. The commercial sexual exploitation of children also occurred (see section 6).
Various mining sites, located principally in the eastern regions of North Kivu and Katanga, employed many child workers. The working conditions for children at these mining sites were poor. Treated as adults, children worked without breaks and without any basic protective measures.
Children were also the victims of exploitation in the worst forms of child labor, many of them in agriculture, illicit activities, and domestic work. Children mined diamonds, gold, cobalt, coltan, wolframite, copper, and cassiterite under hazardous conditions. In the mining regions of Upper Katanga, Kasai Oriental, Kasai Central, North Kivu, and South Kivu Provinces, children sifted, cleaned, sorted, transported heavy loads, and dug for minerals underground. In many areas of the country, children between ages five and 12 broke rocks to make gravel.
Parents often used children for dangerous and difficult agricultural labor. Families unable to support their children occasionally sent them to live with relatives who treated them as domestic slaves, subjecting them to physical and sexual abuse.
d. Discrimination with Respect to Employment and Occupation
The law prohibits discrimination in employment and occupation based on race, gender, language, or social status. The law does not specifically protect against discrimination based on religion, age, political opinion, national origin, disability, pregnancy, sexual orientation, gender identity, or HIV-positive status. Additionally, no law specifically prohibits discrimination in employment of career public service members. The government did not effectively enforce relevant employment laws, and penalties were insufficient to deter violations.
Gender-based discrimination in employment and occupation occurred (see section 6). Although the labor code stipulates men and women must receive equal pay for equivalent work, the government did not enforce this provision effectively. According to the International Labor Organization, women often received less pay in the private sector than did men doing the same job and rarely occupied positions of authority or high responsibility. Persons with disabilities, albinism, and certain ethnicities such as Twa faced discrimination in hiring and access to the worksites.
e. Acceptable Conditions of Work
The government sets regional minimum wages for all workers in private enterprise, with the highest pay scales applied to the cities of Kinshasa and Lubumbashi. In 2018 the Ministry of Labor was implementing a minimum wage increase in a series of increments. As of November the minimum wage was above the poverty line. Most businesses were not in compliance with this minimum wage but faced few penalties.
In the public sector, the government sets wages annually by decree and permits unions to act only in an advisory capacity.
The law defines different standard workweeks, ranging from 45 hours per week to 72 hours every two weeks, for various jobs and prescribes rest periods and premium pay for overtime. The law establishes no monitoring or enforcement mechanism, and employers in both the formal and informal sectors often did not respect these provisions. The law does not prohibit compulsory overtime.
The average monthly wage did not provide a living wage for a worker and family. Salary arrears became more frequent in both the civil service and public enterprises. Many public-sector employees reported they did not receive their annual bonuses. In 2012 the government began paying some civil servant salaries through the banking system in an effort to stop the practice by which supervisors created fake employees and skimmed off some of their subordinates’ salaries. The Budget Ministry stated 75 percent of civil servants received their pay through the banking system, but some observers believed that figure was grossly inflated. For many, the government delivered cash in large shipments for local authorities and supervisors to distribute.
The labor code specifies health and safety standards. The Ministry of Labor employed 200 labor inspectors, which was not sufficient to enforce consistent compliance with labor regulations. The government did not effectively enforce such standards in the informal sector, and enforcement was uneven in the formal sector. Major international mining companies effectively observed health and safety standards, and the Ministry of Mines validation process includes criteria on minimal safety standards. Nonetheless, the law does not allow workers to remove themselves from hazardous situations without putting their employment in jeopardy. Approximately 90 percent of laborers worked in subsistence agriculture, informal commerce or mining, or other informal pursuits, where they often faced hazardous or exploitive working conditions.
In 2015 the international NGO IPIS estimated there were approximately 300,000 artisanal miners in the 2,000 identified mine sites in the east. It was estimated there were likely an additional 1,000 mine sites that had not been identified.