Freedom in the World 1999 - Congo, Democratic Republic of (Kinshasa)

1999 Scores

Status: Not Free
Freedom Rating: 6.5
Civil Liberties: 6
Political Rights: 7

Overview

The government of President Laurent Kabila, rebel groups, and neighboring countries signed a peace accord in August to end the civil war that erupted a year earlier. But by the end of 1999, the ceasefire had broken down in several areas, rebels controlled at least one-third of the vast country, and lawlessness prevailed. The three main rebel groups seeking to oust Kabila – the Movement for the Liberation of Congo and two factions of the Congolese Rally for Democracy – met in December 1999 to coordinate their political strategy ahead of a planned national conference on the country's future as provided for in the peace accord. Splits in the rebel ranks and disagreements between their backers, Uganda and Rwanda, have hindered both peace efforts and their military endeavor.

A small United Nations technical observer team has begun work, but insecurity has prevented the deployment of an initial group of 500 peacekeepers. The peace accord, which was brokered by the UN, Organization of African Unity (OAU), and Southern African Development Community (SADC), provided for a Joint Military Commission to oversee implementation of the agreement and carry out initial peacekeeping duties. It also is to gather information on troop locations and the release of prisoners of war.

Serious human rights abuses against civilians continue to be perpetrated by both government and rebel forces, including arbitrary detentions, killings, and rapes. Opposition supporters, journalists, and human rights workers are routinely arrested and harassed, and public demonstrations are forbidden.

The war has drawn forces from at least eight countries into the fighting, including Zimbabwe, Angola, Namibia, Chad, and Sudan on the side of Kabila, and Uganda, Rwanda, and Burundi on the part of the rebels. (Neither Sudan nor Burundi have admitted their involvement.) Former Rwandan militia, former Rwandan armed forces members, and Mai-Mai guerrillas have also joined in repelling the rebel attack.

A longtime guerrilla fighter, Laurent Kabila came to power in May 1997 after a seven-month advance backed by Rwanda and Uganda across what was then Zaire. He easily tapped into popular hatred for the country's dictator of 32 years, Mobutu Sese Seko, who fled to Morocco and died of cancer shortly after Kabila's takeover. Many of Mobutu's former supporters are now allied with the rebels. Kabila today holds all executive and legislative power. The Rwandan and Zairian Tutsi who helped him to seize power were largely dismissed from their posts by mid-year 1998, which helped spark the new rebellion. Kabila now mainly relies on a narrow base of backers who share his Katangan ethnicity.

As the Belgian Congo, the vast area of central Africa that is today the Democratic Republic of Congo, was exploited with a brutality that was notable even by colonial standards. The country was a center for cold war rivalries from Belgium's withdrawal in 1960 until well after Colonel Joseph Désiré Mobutu seized power in 1964. The pro-Western Mobutu was forgiven for severe repression and financial excesses that made him one of the world's richest men and his countrymen among the world's poorest people. Domestic agitation for democratization forced Mobutu to open the political process in 1990. In 1992, his Popular Revolutionary Movement (MPR), the sole legal party after 1965, and the Sacred Union of the Radical Opposition and Allied Civil Society, a coalition of 200 groups, joined scores of others in a national conference to establish a High Council of the Republic to oversee a democratic transition. Mobutu manipulated and delayed the transition, but civil society grew stronger and the press became freer. Kabila has begun to reverse these advances.

Political Rights and Civil Liberties

The people of the Democratic Republic of Congo have never been permitted to choose or change their government through democratic and peaceful means. The transitional parliament has been dissolved, and President Kabila rules by decree. There are no elected representatives in the entire country, despite Kabila's promise to hold polls by April 1999. He replaced his own Alliance of the Democratic Forces for the Liberation of Congo (ADFL) with Popular People's Committees (CPPs). In theory, they are elected by local residents and mandated to exercise local government powers throughout the country, but opponents say they are a ruse for Kabila to legitimize his rule. Mobutu's successive unopposed presidential victories and legislative polls were little more than political theater. Infrastructure and institutions to support a free and fair election are almost entirely absent.

At least 400 political parties registered after their 1990 legalization, but they were later banned under Kabila when he took power. Although he eased restrictions with a new law in January, political leaders say the criteria are exceedingly complicated for official recognition. The law also gives broad powers to the ministry of interior to suspend or disband parties "in the event of violation of the law and emergency or the risk of serious public disorder." Unlike the government, rebels tolerated no level of nonviolent political opposition, using intimidation, arrest, and travel restrictions.

Congo's judiciary is not independent. The president may dismiss magistrates at will. Courts are grossly ineffective in protecting constitutional rights, and security forces and government officials generally act with impunity. Long periods of pretrial detention are common in prisons in which poor diet and medical care can be life-threatening. A Court of Military Order increasingly delivered harsh sentences to civilians on questionable security and political convictions. It was originally established to improve discipline within the army and has ordered the execution of 250 people in its two years of existence. At least 30 mid- to local-level opposition supporters were detained and some jailed after brief and reportedly unfair trials in 1999, especially those linked to the popular Union for Democracy and Social Progress (UDPS) of Etienne Tshisekedi. Some were subjected to daily whippings. Kabila in December ordered the release of about 150 political prisoners, including a UDPS spokesman. For the first time, the Kabila government has authorized the departure of Tshisekedi, who has widespread popular support in the capital. He reportedly plans to travel to South Africa for medical treatment.

Serious human rights abuses, including extrajudicial executions, torture, beatings, and arbitrary detention, continue. Ethnic killings by both government and rebel forces have been reported. Ethnic tension is rife, particularly in the North and South Kivu areas in the east. Ethnic Tutsis there are said to face a growing threat by former Rwandan militia and Mai-Mai guerrillas. Numerous nongovernmental organizations, including human rights groups, operate despite sporadic harassment and intimidation, but a number of rights activists have fled the country since Kabila came to power. In May 1999, Kinshasa police arrested Laurent Kantu Lumpungu, chairman of the independent Association of Prison Officials, which had been critical of poor prison conditions. In one positive step, the government invited a UN special rapporteur on human rights to return to the country in February and August 1999 after having banned him in March 1997.

Freedom of expression and freedom of assembly are sharply limited by decree. A number of independent newspapers are published in Kinshasa, but they are not widely circulated beyond the city. Church radio networks are growing, but the state-controlled broadcasting network reaches the largest numbers of citizens. In July the government banned the broadcasts of foreign radio and television programs in the country, including Radio France Internationale, the Voice of America, and the British Broadcasting Corp.

Independent journalists are frequently threatened, arrested, or attacked, which prompts self-censorship. Twenty journalists were detained for long periods in 1999, and 30 others spent less than 48 hours in detention for real or alleged press offenses. Eight journalists were victims of brutal or inhumane treatment in the course of their work. Eight others suffered threats or harassment. Common accusations included "relaying intelligence to the enemy," "discouraging the population of soldiers," and "divulging state secrets or defense secrets." When a targeted journalist cannot be found, editors, other journalists, visitors to the newspaper offices, or family members can be taken hostage. An army general imprisoned journalists at his residence for ten days.

In June, Kiangwe Buleya, editor of the weekly Mukuba and president of the Congolese National Freedom of Expression and Human Rights Defense Fund, was arrested on criminal libel charges. In August, the editor of the newspaper Le Potentiel, Modeste Mutinga Mutuishayi, was arrested by security agents at the newspaper's offices. Thierry Kalumba, editor of the newspaper Vision, was arrested in January for a story on weapon supplies to the rebels and was sentenced to four years in prison by the Court of Military Order for "divulging state secrets."

Freedom of religion is respected in practice, although religious groups must register with the government to be recognized. Despite constitutional protections, women face de facto discrimination, especially in rural areas. They also enjoy fewer employment and educational opportunities and often do not receive equal pay for equal work. Married women must receive their husband's permission to enter into many financial transactions. Violence against women has climbed with the proliferation of armed groups.

More than 100 new independent unions have registered since one-party rule ended in 1990. Previously, all unions had to affiliate with a confederation that was part of the ruling party.

Under Mobutu, the country's formal economy nearly ground to a halt. It has been further damaged by the ongoing war and competition for resources. Most of the country's approximately 48 million people live marginal lives as subsistence farmers despite vast resources of timber, diamonds, copper, and other minerals. The inflation rate has climbed considerably under Kabila, and he has been forced to rely on the dilapidated state-run diamond mine in Mbuji-Mayi for revenue. Rebels control other diamond areas. Reflecting its desperation for hard currency to help fund the war, the government at the end of 1999 prohibited the possession of foreign currency, requiring that it be deposited in Congolese banks. But few people have confidence in the country's banking system, and the move ended up having the opposite effect of further restricting the economy because it has become so difficult to import or export goods. Anyone found in possession of foreign currency could face a charge of treason, which carries the penalty of death.