The constitution prohibits religious discrimination and provides for freedom of religion and the right to worship, subject to “compliance with the law, public order, public morality, and the rights of others.” It stipulates the right to religious freedom may not be abrogated even when the government declares a state of emergency or siege.
The law regulates the establishment and operation of religious groups. According to law, the government may legally recognize, suspend recognition of, or dissolve religious groups. The government grants tax-exempt status to recognized religious groups. Nonprofit organizations, including foreign and domestic religious groups, must register with the government to obtain official recognition by submitting a copy of their bylaws and constitution. Religious groups must register only once for the group as a whole, but nonprofit organizations affiliated with a religious group must register separately. Upon receiving a submission, the Ministry of Justice issues a provisional approval and, within six months, a permanent approval or rejection. Unless the ministry specifically rejects the application, the group is considered approved and registered after six months even if the ministry has not issued a final determination. Applications from international headquarters of religious organizations must be approved by the Presidency after submission through the ministry. The law requires officially recognized religious groups to operate as nonprofits and respect the general public order. It also permits religious groups to establish places of worship and train clergy. The law prescribes penalties of up to two years’ imprisonment, a fine of 200,000 Congolese francs ($100), or both for groups that are not properly registered but receive gifts and donations on behalf of a church or other religious organization.
The constitution permits public schools to work with religious authorities to provide religious education to students in accordance with students’ religious beliefs if parents request it. Public schools with religious-institution guardianship may provide religious instruction. Government-owned schools may not mandate religious instruction, but they offer religion as a subject.
The country is a party to the International Covenant on Civil and Political Rights.
Between April 13 and 24, according to NGO and media reports, police killed 55 members of a “separatist religious movement” and injured dozens more following demonstrations in which armed members of Bundu Dia Kongo (Gathering of Kongo – BDK) blocked roads and chanted slogans “inciting ethnic hatred” in towns in the west of the country. A Human Rights Watch report said police used excessive force when dispersing crowds and arresting members of the BDK, whose leader issued a statement April 12 urging followers to “ruthlessly… chase out” those who were not of Kongo ethnicity. In late April, the interior ministry said 22 BDK members died during two raids, one of which led to the arrest of the group’s leader, Ne Muanda Nsemi, for “rebellion, threatening state security, and incitement of tribal hatred.” Ne Muanda Nsemi was released after spending four months under observation in a psychiatric hospital. Military prosecutors said they took steps to investigate whether security forces committed unjustifiable killings, but they did not announce any prosecutions, although they previously communicated their intent to do so.
The government and religious communities maintained close relations, according to the media and religious leaders. Catholic leaders reported regular dialogue with members of the Presidency and the government on issues of human rights, women’s empowerment, religious freedom, education, and security. Representatives from the Catholic Lay Community expressed support for what they called the government’s open stance regarding freedom of assembly and freedom of speech under President Felix Tshisekedi, who took office in January 2019. Leaders of the Church of Christ in Congo, an umbrella organization for the country’s Protestant communities, said in press statements that they believed Tshisekedi was committed to fighting corruption and advancing human rights, including religious freedom.
The Ministry of Justice again did not issue any final registration permits for religious groups, and had not done so since 2014. A ministry internal audit, reportedly in progress for several years and focused on fraudulent registration practices, remained incomplete at year’s end. It was cited by some observers as an obstacle to resuming the issuance of registrations. The government, however, continued its practice of permitting groups to operate that were presumed to have been approved. Unregistered domestic religious groups reported they continued to operate unhindered. The ministry previously estimated that more than 2,000 registration applications for both religious and nonreligious NGOs remained pending and that more than 3,500 associations with no legal authorization continued to operate. Foreign-based religious groups reported they operated without restriction after applying for legal status. Under existing law, which was under review, nonprofit organizations could operate as legal entities by default if a government ministry ruled favorably on their application and the government did not object to their application for status. According to 2015 registration statistics, the latest year for which the Ministry of Justice had statistics, there were 14,568 legally registered nonprofit organizations, 11,119 legal religious nonprofit organizations, and 1,073 foreign nonprofit organizations. Religious nonprofits that were legally operating and registered included 404 Catholic, 93 Protestant, 54 Muslim, and 1,322 evangelical nonprofits, the latter including those belonging to the Kimbangu Church.
The government continued to rely on religious organizations to provide public services such as education and health care throughout the country. According to the Ministry of Education, approximately 72 percent of primary school students and 65 percent of secondary school students attended government-funded schools administered by religious organizations. The government paid teacher salaries at some schools run by religious groups, depending on the needs of the schools and whether they were registered as schools eligible to receive government funding.
Muslim community leaders again said the government did not afford them some of the same privileges as larger religious groups. The government continued to deny Muslims the opportunity to provide chaplains for Muslims in the military, police force, and hospitals, despite a complaint filed in 2015 with the then president and his cabinet.