Freedom in the World 2004 - Congo, Republic of (Brazzaville)

Political Rights: 5
Civil Liberties: 4
Status: Free
Population: 3,700,000
GNI/Capita: $640
Life Expectancy: 50
Religious Groups: Christian (50 percent), animist (48 percent), Muslim (2 percent)
Ethnic Groups: Kongo (48 percent), Sangha (20 percent), Teke (17 percent), M'Bochi (12 percent), other (3 percent)
Capital: Brazzaville

Ratings Change
Congo (Brazzaville's) political rights rating improved from 6 to 5 due to the signing of an apparently durable cease-fire agreement in March that has helped stabilize the country's fragile political environment.


Overview

For much of the past decade, the Republic of Congo has been torn by a bewildering civil conflict that in 2003 inched closer to a resolution with the signing in March of a new peace agreement between rebel and government forces. The emerging detente, reinforced by a broad government amnesty for the insurgents and the establishment of a human rights commission, continued to spread at year's end amid conflicting signs of economic revival and a persistent humanitarian crisis in the Pool region.

A decade after Congo's independence from France, a 1970 coup established a Marxist state in the country. In 1979, General Denis Sassou-Nguesso seized power and maintained one-party rule as head of the Congolese Workers' Party. Domestic and international pressure forced his acceptance of a national conference leading to open, multiparty elections in 1992. Pascal Lissouba won a clear victory over former prime minister Bernard Kolelas in a second-round presidential runoff that excluded Sassou-Nguesso, who had run third in the first round.

Disputes over the 1993 legislative polls led to armed conflict. The fighting subsided but flared once again among ethnic-based militias in 1997. Sassou-Nguesso, who has had military support from Angola and political backing from France, built a private army in his native northern Congo and forcibly retook the presidency in October 1997. Peace agreements signed in late 1999 included an amnesty for combatants who voluntarily disarmed. A new constitution was adopted by referendum in January 2002, providing for a multiparty system and establishing wide-ranging powers for the president, who would be directly elected for a seven-year term.

The March 2002 presidential poll was marred by irregularities, and there was no independent electoral commission, but international observers hailed the peaceful nature of the vote. Sassou-Nguesso was virtually assured a victory when his main challenger, former prime minister Andre Milongo, dropped out of the race just before the election, claiming irregularities. Sassou-Nguesso won the election with 89 percent of the vote. Elections for the 137-member National Assembly in May and June were dominated by Sassou-Nguesso's Congolese Workers' Party and other parties affiliated with it.

Following a year of renewed fighting, in March 2003, the Congolese government reached a new peace agreement with Ninja militias operating in the north. Despite the cessation of hostilities, a grave humanitarian crisis persists in the Pool region, where tens of thousands of people were forced to flee their homes and most infrastructure was completely destroyed. About half of the refugees remain internally displaced. In a bid to consolidate the peace process, the National Assembly subsequently approved an amnesty for all combatants dating from January 15, 2000, until the date Sassou-Nguesso signs the bill into law. UN-backed resettlement and demobilization efforts have begun, but remain slow.

Although Congo is the fourth-largest producer of oil in Sub-Saharan Africa, poverty remains widespread, affecting some 70 percent of the population. Improved oil markets in 2003 boosted growth. The government has proceeded with privatization plans under the direction of the IMF.

Political Rights and Civil Liberties

Since the outbreak of civil war in 1997, Congolese have been only partly able to exercise their constitutional right to change their leaders through democratic elections. Competitive multiparty elections were held for the first time in 1992 and 1993. Presidential and legislative elections held in 2002 were not deemed fair, in part because of irregularities and the absence of an independent electoral commission.

The government generally respects press freedom, but continues to monopolize the broadcast media. In 2000, the government abolished censorship and sharply reduced penalties for defamation. About 10 private newspapers appear weekly in Brazzaville, and they often publish articles and editorials that are critical of the government. There are approximately 10 domestic Internet service providers, and no government restrictions on Internet use.

Religious freedom is guaranteed and respected. Academic freedom is restricted, and university professors often exercise self-censorship to conform to the views of the government. However, there were no reports of students or professors being overtly censored.

Freedom of assembly and association is constitutionally guaranteed, and this right is generally respected in practice, although public demonstrations are rare. Nongovernmental organizations (NGOs) generally operate freely. Workers' rights to join trade unions and to strike are legally protected. Collective bargaining is practiced freely. Most workers in the formal business sector are union members, and unions have made efforts to organize informal sectors, such as those of agriculture and retail trade.

The judiciary is subject to corruption and political influence. The court system was generally considered to be politically independent until the civil war. Scarce resources and understaffing have created a backlog of court cases and long periods of pretrial detention. In rural areas, traditional courts retain broad jurisdiction, especially in civil matters. Prison conditions are life-threatening, with reports of beatings, overcrowding, and other ill-treatment. Women and men, as well as juveniles and adults, are incarcerated together. Human rights groups and the International Committee of the Red Cross have been allowed access.

Human rights violations against the civilian population abated with the ceasefire between the government and Ninja militias. A 1999 peace agreement broke down in 2002 when members of the Ninja militia took up arms following reports that security forces were attempting to arrest their leader. Both sides have been accused of atrocities against the civilian population. The August 2003 amnesty covers an estimated 14,000 demobilized Ninja fighters, and potentially government security forces, which have been accused of extrajudicial killings, rape, beatings, physical abuse of detainees and citizens, and arbitrary arrest and detention. Local human rights groups and opposition politicians have criticized the amnesty for excluding opposition activists currently in exile.

Inquiries were opened in 2003 into the disappearance of more than 350 Congolese refugees who returned from exile in the Democratic Republic of Congo (Kinshasa) in 1999. Human rights groups and survivors launched a case in a French court against President Denis Sassou-Nguesso and other high-ranking government officials for alleged crimes of torture, forced disappearance, and crimes against humanity. The Congolese government contends that France does not have jurisdiction over incidents occurring in Congo and has sued France in the Hague-based International Court of Justice to suspend the prosecutions. No decision is expected until the middle of next year. The Congolese government is currently conducting its own parallel hearings into the disappearances before a tribunal in Brazzaville.

In accordance with the country's new constitution, a human rights commission consisting of members from civil society organizations, professional associations, and public institutions was formed in August 2003. While it has been hailed by local rights groups as a positive development, the commission's powers are limited. Members are named by presidential decree and have no authority to summon accused parties. The president also appointed the members of a social and economic council and freedom-of-speech council, completing the range of constitutionally required bodies. In September 2003, the government ratified the Convention Against Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment, although local human rights groups say police abuse of detainees remains a serious problem.

Ethnic discrimination persists. Pygmy groups suffer discrimination, and many are effectively held in lifetime servitude through customary ties to Bantu "patrons." Members of virtually all ethnic groups practice discrimination in hiring practices.

There is extensive legal and societal discrimination against women despite constitutional protections. Access to education and employment opportunities, especially in the countryside, are limited, and civil codes regarding family and marriage formalize women's inferior status. Violence against women is reportedly widespread. After declining in 2000 and 2001, incidents of rape increased in 2002 with the renewed outbreak of hostilities. NGOs have drawn attention to the issue and provided counseling and assistance to victims.

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