Democratic Republic of the Congo
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.).
Niger is a multiparty republic. President Issoufou Mahamadou won a second term in 2016. He won 92 percent of the vote in a second round boycotted by the opposition. The African Union certified the election as free and fair despite the criticism of some domestic observers who noted the jailing of the leadership of the lead opposition party among other irregularities. The government refused to follow a Constitutional Court ruling in 2017 for a parliamentary election in the district of Maradi to replace a representative who had died. The political opposition boycotted a political mediation council and the newly formed National Independent Electoral Commission through much of the year.
Civilian authorities maintained effective control over the security forces.
Human rights issues included unlawful killings and forced disappearances by the government, allied militias, terrorists, and armed groups; arbitrary arrest and detention by government security forces and armed groups; harsh and life-threatening prison and detention center conditions; political prisoners; substantial interference with the rights of peaceful assembly and freedom of association; reported government support of Malian armed groups accused of unlawful recruitment or use of child soldiers; trafficking in persons; lack of accountability for cases of violence against women due in part to government inaction; caste-based slavery and forced labor, especially forced or compulsory or child labor.
The government took some steps to prosecute officials who committed abuses, but impunity remained a problem.
Terrorist groups targeted and killed civilians and recruited child soldiers. The government reportedly provided some limited material and logistical support in Niger to a Mali-based militia, the Imghad Tuareg and Allies Self-Defense Group (GATIA), a group that has been reported to recruit and use child soldiers. The government was involved in campaigns against terrorist groups on its borders with Mali, Nigeria, Cameroon, and Chad, and it was wary of increasing terror attacks in Burkina Faso and spillover from insecurity in Libya.
Nigeria is a federal republic composed of 36 states and the Federal Capital Territory (FCT). In 2015 citizens elected President Muhammadu Buhari of the All Progressives Congress party to a four-year term in the first successful democratic transfer of power from a sitting president in the country’s history.
Civilian authorities did not always maintain effective control over the security services.
The insurgency in the Northeast by the militant terrorist groups Boko Haram and the Islamic State in West Africa (ISIS-WA) continued. The groups conducted numerous attacks on government and civilian targets that resulted in thousands of deaths and injuries, widespread destruction, the internal displacement of approximately 1.8 million persons, and external displacement of an estimated 225,000 Nigerian refugees to neighboring countries, principally Cameroon, Chad, and Niger. Widespread violence across rural Nigeria, including conflict over land and other resources between farmers and herders, resulted in an estimated 1,300 deaths and 300,000 persons internally displaced between January and July, according to the International Crisis Group (ICG).
Human rights issues included unlawful and arbitrary killings by both government and nonstate actors; forced disappearances by both government and nonstate actors; torture by both government and nonstate actors and prolonged arbitrary detention in life-threatening conditions particularly in government detention facilities; harsh and life threatening prison conditions including civilian detentions in military facilities, often based on flimsy or no evidence; infringement on citizens’ privacy rights; criminal libel; substantial interference with the rights of peaceful assembly and freedom of association, in particular for lesbian, gay, bisexual, transgender, and intersex (LGBTI) persons; refoulement of refugees; corruption; progress to formally separate child soldiers previously associated with the Civilian Joint Task Force (CJTF); lack of accountability concerning violence against women, including female genital mutilation/cutting, in part due to government inaction/negligence; trafficking in persons, including sexual exploitation and abuse by security officials; crimes involving violence targeting LGBTI persons and the criminalization of status and same-sex sexual conduct based on sexual orientation and gender identity; and forced and bonded labor.
The government took steps to investigate alleged abuses but fewer steps to prosecute officials who committed violations, whether in the security forces or elsewhere in the government. Impunity remained widespread at all levels of government. The government did not adequately investigate or prosecute most of the major outstanding allegations of human rights violations by the security forces or the majority of cases of police or military extortion or other abuse of power.
The Borno State government provided financial and in-kind resources to the CJTF, a nongovernmental self-defense militia that coordinated and at times aligned with the military to prevent attacks against civilian populations by Boko Haram and ISIS-WA. Human rights organizations and press reporting charged the CJTF with committing human rights abuses. The government took few steps to investigate or punish CJTF members who committed human rights abuses.
Boko Haram and ISIS-WA conducted numerous attacks targeting civilians. Boko Haram recruited and forcefully conscripted child soldiers and carried out scores of suicide bombings, many by young women and girls forced into doing so — and other attacks on population centers in the Northeast and in Cameroon, Chad, and Niger. Abductions by Boko Haram and ISIS-WA continued. Both groups subjected many women and girls to sexual and gender-based violence, including forced marriages, sexual slavery, and rape. The government investigated attacks by Boko Haram and ISIS-WA and took steps to prosecute their members, although the majority of suspected insurgent group supporters were held in military custody without charge.
South Sudan is a republic operating under the terms of a peace agreement signed in August 2015 and renewed in September. President Salva Kiir Mayardit, whose authority derives from his 2010 election as president of what was then the semiautonomous region of Southern Sudan within the Republic of Sudan, is chief of state and head of government. International observers considered the 2011 referendum on South Sudanese self-determination, in which 98 percent of voters chose to separate from Sudan, to be free and fair. Since then all government positions have been appointed rather than elected.
Civilian authorities routinely failed to maintain effective control over the security forces.
In 2013 a power struggle within the ruling Sudan People’s Liberation Movement (SPLM) party erupted into armed conflict. President Salva Kiir accused then first vice president Riek Machar Teny of plotting a coup. The two leaders appealed to their respective ethnic communities, and the conflict spread primarily to the northwest of the country. The parties signed several ceasefire agreements, culminating in the 2015 peace agreement. A ceasefire generally held from 2015 to July 2016, when fighting broke out in Juba, eventually spreading to the rest of the country. The major warring factions signed a “revitalized” peace agreement in September, which was still holding at year’s end.
Human rights issues included government-perpetrated extrajudicial killings, including ethnically based targeted killings of civilians; forced disappearances and the mass forced displacement of approximately 4.4 million civilians; torture; arbitrary detention; harsh and life-threatening prison conditions; political prisoners; violence against, intimidation, and detention of journalists, closure of media houses, censorship, and site blocking; substantial interference with freedom of association; significant restrictions on freedom of movement; restrictions on political participation; corruption; unlawful recruitment and use of approximately 19,000 child soldiers; widespread rape of civilians targeted as a weapon of war; trafficking in persons; criminalization of LGBTI conduct, and violence against the LGBTI community.
Security force abuses occurred throughout the country. Despite one successful prosecution, impunity was widespread and remained a major problem.
Opposition forces also perpetrated serious human rights abuses, which, according to the United Nations, included unlawful killings, abduction, rape, sexual slavery, and forced recruitment.
Sudan is a republic with power concentrated in the hands of authoritarian President Omar Hassan al-Bashir and his inner circle. The National Congress Party (NCP) continued approximately three decades of nearly absolute political authority. The country last held national elections (presidential and National Assembly) in 2015. Key opposition parties boycotted the elections when the government failed to meet their preconditions, including a cessation of hostilities, holding of an inclusive “national dialogue,” and fostering of a favorable environment for discussions between the government and opposition on needed reforms and the peace process. Prior to the elections, security forces arrested many supporters, members, and leaders of boycotting parties and confiscated numerous newspapers, conditions that observers said created a repressive environment not conducive to free and fair elections. Only 46 percent of eligible voters participated in the elections, according to the government-controlled National Electoral Commission (NEC), but others believed the turnout was much lower. The NEC declared al-Bashir winner of the presidential election with 94 percent of the vote.
Civilian authorities at times did not maintain effective control over the security forces. Some armed elements did not openly identify with a particular security entity, making it difficult to determine under whose control they operated.
The government repeatedly extended its 2016 unilateral cessation of hostilities (COH) in Blue Nile and South Kardofan states (the “Two Areas”) and an end to offensive military action in Darfur. Clashes between the Sudan Liberation Army/Abdul Wahid (SLA/AW) and government forces resumed, however, in April and continued through July, and there were credible reports that villages in Darfur’s Jebel Marra mountain range were targeted for attack during these clashes, resulting in thousands of newly displaced civilians. Nevertheless, the COH did allow for periods of increased stability and an overall improvement in the human rights situation in Darfur and the Two Areas. As part of its UN Security Council-mandated reconfigurations, the African Union/United Nations Hybrid operation in Darfur (UNAMID) established a Jebel Marra Task Force and a temporary operating base in Golo to monitor the humanitarian and security situation in the area. In Darfur weak rule of law persisted, and banditry, criminality, and intercommunal violence were main causes of insecurity in Darfur.
Human rights issues included unlawful or arbitrary killings, forced disappearance, torture, and arbitrary detention, all by security forces; harsh and life-threatening prison conditions; political prisoners; arrests and intimidation of journalists, censorship, newspaper seizures, and site blocking; substantial interference with the rights of peaceful assembly and freedom of association, such as overly restrictive nongovernmental organization (NGO) laws; restrictions on religious liberty; restrictions on political participation; corruption; lack of accountability in cases involving violence against women, including rape and female genital mutilation/cutting (FGM/C); trafficking in persons; outlawing of independent trade unions; and child labor.
Government authorities did not investigate human rights violations by the National Intelligence and Security Services (NISS), the military, or any other branch of the security services, with limited exceptions relating to the Sudanese Armed Forces (SAF). Impunity remained a problem in all branches of the security forces and government institutions.
In Darfur and the Two Areas, paramilitary forces and rebel groups continued to commit killings, rape, and torture of civilians. Local militias maintained substantial influence due to widespread impunity. There were reports of both progovernment and antigovernment militias looting, raping, and killing civilians. Intercommunal violence spawned from land tenure and resource scarcity continued to result in civilian deaths, particularly in East, South, and North Darfur. The government continued its national arms collection campaign, which began in October 2017, mostly in Darfur.
There were some human rights abuses in Abyei, a region claimed by both Sudan and South Sudan, generally stemming from tribal conflict between Ngok Dinka and Misseriya. Reports were difficult to verify due to limited access.