AFRICAN UNION
UNION AFRICAINE
UNIÃO AFRICANA
African Commission on Human & Peoples’ Rights
Commission Africaine des Droits de l’Homme & des Peuples
Kairaba Avenue, P. O. Box 673, Banjul, The Gambia
Tel: (220) 4392 962; Fax: (220) 4390 764
E-mail: achpr@achpr.gm; Website: http://www.achpr.org
AFRICAN COMMISSION ON HUMAN AND PEOPLES’ RIGHTS
DRAFT REPORT OF THE MISSION BY COMMISSIONER SALAMATA
SAWADOGO, CHAIRPERSON OF THE AFRICAN COMMISSION ON HUMAN
AND PEOPLES’ RIGHTS, TO THE REPUBLIC OF CONGO
(From 18th to 23rd October 2004)
CONTENTS
I.INTRODUCTION
II.TERMS OF REFERENCE OF THE PROMOTIONAL MISSION TO
THE REPUBLIC OF CONGO
III.ORGANISATION OF THE MISSION
A.ARRIVAL OF THE DELEGATION AND
ORGANISATION OF WORK
B.CONSULTATIONS AND SITE TOURS
IV.CONCLUSIONS AND RECOMMENDATIONS
A-CONCLUSIONS
B-RECOMMENDATIONS
2
DRAFT REPORT OF THE PROMOTIONAL MISSION BY COMMISSIONER
SALAMATA SAWADOGO, CHAIRPERSON OF THE AFRICAN COMMISSION ON
HUMAN AND PEOPLES’ RIGHTS, TO THE REPUBLIC OF CONGO,
18th TO 24th OCTOBER 2004
I-Introduction:
1.In implementing its mandate to promote and protect human and peoples’ rights in the
States that are parties to the African Charter on Human and Peoples’ Rights (the
African Charter), the African Commission on Human and Peoples’ Rights (the
African Commission, ACHPR) pays particular attention to developments in the
human rights situation in these States, and attempts to monitor them as closely as
possible.
2.Consequently, whenever possible, members of the African Commission carry out
promotional or protection missions to the States parties to discuss issues relating to
human and peoples’ rights with government authorities; members/leaders of civil
society organisations, in particular human rights NGOs; specialised agencies of the
United Nations system, and other interested parties.
3.It is within this framework that Commissioner Salamata Sawadogo, Chairperson of the
African Commission, carried out a promotional mission to the Republic of Congo
from the 18th to the 24th of October 2004. The mission was carried out in accordance
with the terms of reference that had been prepared for this purpose and whose
essential points are set out in the next section of this report.
4.The mission to the Republic of Congo was carried out in a satisfactory manner, and
Commissioner Salamata Sawadogo would like to express her most sincere gratitude
to the Congolese government, in particular H.E. Mr. Jean-Martin Mbemba, Keeper
of the Seals and Minister of Justice and Human Rights of the Republic of Congo, for
the excellent arrangements that he made to ensure the success of the mission.
II-Terms of reference and preliminary remarks:
A.Terms of reference and legal framework of the mission:
A1- Terms of reference of the mission
5.The main objectives of the mission by Commissioner Salamata Sawadogo to Republic
of Congo were as follows:
•
Provide information to the Congolese political authorities about the African Charter
and the activities of the African Commission on Human and Peoples’ Rights.
3
•
Encourage the Republic of Congo to continue to take an active part in the work of the
African Commission, including the Sessions and seminars organised by the
Commission.
•
Provide information about the African Charter on Human and Peoples’ Rights to
NGOs, women’s associations, political parties, trade unions, media organisations, as
well as other players.
•
Raise awareness with the Congolese government on the need to ratify certain human
rights instruments such as the African Charter on the Rights and Well-being of the
Child, the Protocol on the Establishment of an African Court on Human and
Peoples’ Rights, and the Protocol on the Rights of Women in Africa.
•
Encourage the Congolese government to give full effect to human rights instruments that
have already been ratified, in particular, the African Charter on Human and Peoples’
Rights.
•
Emphasise the need for Congo to present its delayed periodic report to the African
Commission as soon as possible.
•
Educate the government and all other players about the need to set up favourable
conditions and mechanisms for the promotion and protection of human rights in this
State. In particular, advocate for the National Human Rights Commission of Congo
(NHRC) to be given the necessary resources to enable it to become truly operational.
•
Encourage the government and all interested parties from civil society, in particular
NGOs and political parties to work hand in hand and in a spirit of constructive
dialogue, to ensure the promotion and protection of human rights in the Republic of
Congo.
•
Collect information about the implementation of the principles relating to the right to a
fair trial and to legal assistance, as well as freedom of expression.
•
Express to the government of Congo and to all parties encountered, the readiness of the
African Commission to carry out fully, the mandate entrusted to it by the African
Charter on Human and Peoples’ Rights fully, by making its services available to the
authorities and to all other actors in the promotion and protection of human rights in
the Republic of Congo.
6.The mission was made up of Commissioner Salamata Sawadogo, Chairperson of the
African Commission, and head of delegation, and Mr. Robert Kotchani, legal expert
with the Secretariat of the African Commission.
III- Organisation of the mission:
7.During the mission, the delegation held meetings with various personalities from
government and other organs of State. The delegation also met with various
representatives of civil society organisations, including NGOs, political parties and
the press.
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17th October 2004:
•Meeting with Mr. Aloys Bayingana, representative of Rwandan and Burundian refugees in the Kintele
refugee camp.
8.Mr. Bayingana state that the camp was set up in 1997. It was initially situated in Bilolo,
but was transferred to Kintele, following the successive waves of violence in the
region. Refugees living in the camp are Rwandans and Burundians who fled the
violent and tragic events that took place in Rwanda and Burundi. Initially, before the
civil war in the host country in 1997, there were 3 000 refugees living in the camp.
After the war, however, this number went up to 4 413. When the refugees first
arrived in the camp, they received humanitarian assistance, but this was stopped on
25th December 1999, and the refugees dispersed. In September 2004, there were 815
refugees living in the camp. This number includes Congolese citizens who have
married refugees or vice versa. (There are reported to be about 27 such mixed
couples living in the camp).
9.Only the most vulnerable refugees have remained in the camp; those who are unwell,
the disabled, unaccompanied children, etc. The former regime of Congo, under
President Pascal Lissouba had decided to repatriate the refugees, but this decision
was never implemented and due to the lack of humanitarian assistance, the refugees
survive by producing charcoal and cutting firewood, which they sell to the local
populations. This poses a serious problem for the environment.
10.Security in the camp is organised and provided by the refugees themselves. They settle
any problems that arise out of court. Where necessary, they may have recourse to the
police. The camp has neither drinking water nor a dispensary. There is a school built
out of roofing sheets and canvas, which is run by refugees who were teachers before,
or who have knowledge in the area. The material for building the school was
supplied by the Ambassador of Belgium, who had pleaded with UNICEF to have
the school constructed. The refugees carried out the construction themselves. The
school has about 242 pupils working with eight teachers. A few of the pupils are
Congolese children.
11.In response to the question as to why food aid had been suspended, the representative
of the camp stated that the HCR claimed to no longer have the means to assist the
refugees. As to why the refugees did not return to their homes, the camp leader said
that they were monitoring developments in the situation in their countries and that
some people had already returned.
18th October 2004
•Meeting with H.E. Mr. Jean Martin Mbemba, Minister of Justice and Human Rights
12.The Minister thanked the delegation for having travelled to Brazzaville, and in
particular for the visit to his ministry. He introduced the members of his cabinet and
indicated the role of each of them. He pointed out that two of his staff members
were also members of the NHRC. He quickly gave an overview of the role of the
NHRC, emphasising that the law establishing the commission was a very innovative
law.
5
13.Commissioner Salamata Sawadogo thanked the Minister for granting the delegation
audience and asked him to express her sincere gratitude to the team that met the
delegation at the airport in spite of the late arrival of the flight. She said that she was
happy to be in Brazzaville as, on other occasions, the mission had not been able to
take place, for a variety of reasons. The Commissioner emphasised the fact that the
mission was intended to promote the African Charter and Commission and to gather
information on the general human rights situation in the country.
14.While congratulating Congo for having created an NHRC, the Commissioner
encouraged the Minister to do everything to ensure that the institution would
become truly functional as quickly as possible.
15.The Commissioner referred to the delays registered by Congo in presenting its reports
to the African Commission and encouraged the Minister to make up for this
tardiness, so that the African Commission could be apprised of the efforts deployed
to effectively implement the relevant provisions of the Charter.
16.The Commissioner also drew the attention of the Minister to the ratification of certain
regional human rights instruments such as the Protocol on the Establishment of an
African Court on Human and Peoples’ Rights, and the Protocol on the Rights of
Women in Africa.
17.Finally, Commissioner Sawadogo inquired about the state of developments in the
dialogue between government and the various components of civil society, in
particular political parties, human rights NGOs, trade unions and others.
18.The Minister stated that the necessary efforts would be made to prepare and present
the periodic report of the Republic of Congo to the African Commission. He
acknowledged that NGOs had not been involved in preparing the initial report, and
said that arrangements would now be made to involve NGOs in the drafting of the
next report. The Minister further explained that ever since the current government
took over the helm of affairs, considerable work has been done in the area of
ratification of regional and international human rights instruments: the United
Nations Convention against Torture, the Statutes of the International Criminal
Court, etc. Concerning the pending instruments that the Commissioner mentioned,
the Minister said that the necessary action was being taken to ensure that they were
ratified. This is the case of the Convention against Organised Crime, he said,
indicating that there is a clear will to do even better.
19.The draft programme prepared by the Secretariat of the African Commission for the
mission was examined and supplemented on the basis of suggestions made by the
Minister and members of the mission.
•Meeting with H.E. Rodolphe Adada, Minister of Foreign Affairs and Cooperation.
20.Commissioner Sawadogo introduced her delegation and spoke about the African
Commission, its mandate and its mode of functioning. She encouraged the Republic
of Congo to accelerate the process for ratifying certain important instruments such
as the Protocol on the Rights of Women in Africa, and the Protocol on the
Establishment of an African Court on Human and Peoples’ Rights.
6
21.The Commissioner expressed satisfaction with the participation of Congo in the
Sessions of the African Commission, and encouraged Congo to continue to
participate actively. She then presented to the Minister, the draft programme for the
mission prepared by the Secretariat, and which had already been discussed with the
Minister of Justice.
22.Recognising that significant efforts had been made to restore the human rights
situation in Congo, a post-conflict country, the Commissioner stated that the African
Commission would be most willing to accompany the process. She drew the
attention of the Minister to the need for Congo to make up for the delay in
presenting its periodic report to the African Commission.
23.Ms. Sawadogo also encouraged Congo to make its National Human Rights
Commission truly operational. This institution was created over a year ago, but still
remains inactive. She further called on Congo to involve the African Commission in
activities relating to human rights.
24.The Minister acknowledged that Congo was indeed in arrears of its report to be
presented to the African Commission. He assured the delegation that the necessary
measures would be taken to remedy this tardiness. Concerning the “dormant”
institutions, the Minister added that the functioning of these institutions was being
impeded by budgetary difficulties. He nevertheless indicated that the current budget,
which is being discussed, provides for these institutions to start functioning in 2005.
25.The Minister and the Commissioner agreed that the promotion and protection of
human rights is as much the responsibility of State as of civil society organisations, in
particular NGOs. The Minister deplored the fact that certain NGOs behave as
though they were opposition organisations, thus leading to a lack of contact and
confidence between them and the authorities. He encouraged the African
Commission to draw the attention of NGOs to this state of affairs.
26.Referring to “acts of popular justice” carried out by the public, or accusations of
witchcraft, which lead the population to execute the alleged sorcerers, the Minister
stated that such acts should also be condemned by NGOs.
27.Commissioner Sawadogo referred to the annual activity report of the ACHPR, which
is presented to the summit of Heads of State and government and emphasised that
this report had to be adopted by the summit, prior to its publication.
•Meeting with human rights non-governmental organisations 1
28.Commissioner Salamata Sawadogo gave participants a detailed explanation about the
African human rights system. She spoke among others about the provisions of the
African Charter, and the membership, mandate and activities of the African
Commission. She described the promotion and protection activities such as the
sessions, missions to States parties, seminars, etc. The Commissioner particularly
emphasised the fact that the objective of the African Commission is to promote a
1 See list of participants in annexe
7
culture of respect for human and peoples’ rights in Africa, and that it carries out this
mandate in close collaboration with States, National Human Rights Institutions,
specialised human rights agencies, and national and international human rights
NGOs.
29.Ms. Sawadogo explained the procedure for considering initial and periodic reports and
emphasised the importance of this exercise, which is carried out in the public
session, and which enables the Commission and all participants to be informed about
the efforts deployed and what remains to be done by States parties to implement the
Charter. In this area, the Commissioner once again appealed to NGOs to assist in
promoting and protecting human rights within States, in a spirit of dialogue and
consultation, in order to ensure greater efficiency in their work.
30.The Commissioner also focused on protection activities, in particular the process of
submitting communications to the African Commission. She emphasised the fact
that such communications could only be brought before the Commission once local
remedies had been exhausted.
31.Commissioner Sawadogo encouraged the NGOs to apply for observer status with the
Commission, in order to enable their effective participation in the activities of the
African Commission. She gave detailed information about the requirements for
making an application and encouraged the NGOs who were desirous of doing so to
compile their dossier, which the delegation could then carry to Banjul to be
examined as soon as possible by the African Commission.
32.The NGOs briefly reported on their activities and thanked the mission for the interest
shown by the African Commission in human rights in Congo. Some of them
deplored the fact that the information about the mission was not provided early
enough to make it possible to communicate with all NGOs about the holding of the
meeting. The NGOs also put questions about the implementation of the mission of
the African Commission, in particular in relation to the government of Congo; the
representation of Congolese NGOs at the African Commission, and the criteria
applied in creating the African Commission. Some NGOs complained about the lack
of contact with the Secretariat of the African Commission; the limitations of the
Protocol on the Establishment of the Court, in relation to access by NGOs; the
independence of the African Commission from possible pressure from States, and
the issue of instruments that are ratified but not implemented on the ground. Other
NGOs deplored the fact that in spite of the immense resources of the country, the
Congolese population remains poor.
33.The NGOs regretted the fact that the Commission is faced with financial and material
difficulties, and that there is very little publicity about regional human rights
instruments, in particular the Charter. The NGOs called for the definition of a
strategy to allow African NGOs to participate in the activities of the African
Commission. They asked for the government to involve NGOs in the drafting of
initial and periodic reports. They would therefore like to be informed in a timely
fashion, so that those who wish to contribute are able to do so.
34.Certain NGOs underscored the fact that since governments are not always ready to
put the right questions in the area of human rights, NGOs are reluctant to be used as
a foil for reports that make no mention of serious human rights violations.
8
Participants also wished to know what type of partnership the African Commission
could have with National Human Rights Institutions.
35.In her response, Commissioner Sawadogo stated that the African Commission pays
keen attention to the situation in Congo, as it does to all other African countries. She
said the Commission was monitoring the human rights situation on the ground. She
recalled that two Congolese citizens had in the past been members of the African
Commission. Touching on the independence of members of the Commission, the
Commissioner stated that the Charter is quite clear on the issue and that the
institution itself is very jealous of its independence, which it safeguards in carrying
out its mandate.
36.Mrs. Sawadogo further recalled that the African Commission does not have sufficient
resources to allow it to make its presence felt regularly in all States parties. In
addition to that, she continued, some difficulties arise in relation to States that do not
always react favourably or rapidly to requests from the Commission to carry out
missions to their countries. She appealed once again to NGOs to work in closer
collaboration with government and the African Commission in the promotion and
protection of human rights by presenting alternative reports, if necessary, at the right
time.
37.The Commissioner informed participants that the Commission had created an affiliate
status for NHRCs, in order to develop an active partnership with the latter. She
expressed the hope that the NHRC of Congo would become functional as quickly as
possible, in order for it to play its true role, and for it to make contact with the
African Commission. She concluded by underlining the importance of the
partnership between the Commission and African and international NGOs.
38.There was some discussion about the relations between the African Commission and
non-African NGOs. The Commissioner explained the relevance of such relations,
stating that the most important consideration was the promotion and protection of
human rights in Africa.
19th October 2004
•Meeting with members of the National Human Rights Commission 2
39.Commissioner Sawadogo spelled out the objectives of her mission to the Republic of
Congo. She briefly informed the members present of the contacts that the delegation
had already had in the course of the mission and inquired about the NHRC: the
guarantees of its independence, the means available to it, the mode of functioning, its
structure, membership, mandate, and possible constraints.
40.Members of the NHRC stated that the NHRC was a constitutional institution, with
multi-sectoral membership 3. The law setting out its mode of functioning was passed
in 2003. The NHRC has the power to seize itself of a case, and the legislator has
ensured that the NHRC has the means to carry out its work on the ground. NGOs
as well as individuals may also bring cases before the commission, which has far2 See list of the Commissioners present in annexe.
3 Membership
of the NHRC is comprised of representatives of civil society (with voting rights) and
government (advisory capacity).
9
ranging powers for the promotion and protection of human rights. The
commissioners emphasised the fact that the text was very well drafted, but that in
reality things are much more difficult because the NHRC is faced with material
constraints. It has no premises, staff, or equipment. As a result, like many other
human rights promotion and protection bodies and institutions, it is not operational.
41.The budgetary resources allocated to the NHRC only serve to pay the emoluments of
its members. The NHRC has however been in existence since August 2003. The
members of the NHRC endeavour to participate in international meetings and are
preparing the rules of procedure for the institution.
42.It appears, however, that the highest authorities are now aware of the serious
challenge, and the necessary measures will soon be taken to ensure the start up of
activities of the NHRC.
43.On the issue of the independence of the NHRC, the commissioners stated that the
texts do provide for such, but this would need to be confirmed in practice. The
NHRC is however not yet operational. The commissioners asked that the necessary
pressure be exerted on the authorities in order to bring an end to this situation of
inactivity of the NHRC, which, for the past year, only appears to be a façade.
44.Mrs. Sawadogo declared that the NHRC must begin to function in order to fulfil the
role assigned to it. She added that it was not enough to pay the commissioners for
doing nothing, and that she would speak about this to the relevant authorities. She
expressed satisfaction with the fact that the provision creating the NHRC is part of
the Constitution, since this would guarantee its sustainability and independence.
45.The Commissioner urged the NHRC to participate in the sessions of the African
Commission, and once it had become operational, to apply for affiliate status in
order to maintain closer collaboration with the African Commission.
46.Certain commissioners raised questions about the resources and means that enable the
African Commission to function; the criteria for eligibility to the African
Commission; partnerships between the African Commission and other institutions;
the possibilities for attending short courses; organisation of seminars, etc.
47.Commissioner Sawadogo responded to the questions by referring to existing texts and
practice within the African Commission, as well as other institutions working in the
area of human rights. She particularly encouraged the NHRC to make contact with
the Secretariat concerning the hosting of certain seminars, and to obtain useful
information.
•Meeting with H.E. Mr. Jean-Pierre Thystère Tchicaya, Speaker of the National Assembly
48.Commissioner Sawadogo thanked the Speaker for granting the delegation audience
and informed him about the African Commission and its activities. She emphasised
the importance accorded by the Commission to constructive dialogue with States
parties and said that this is the reason for carrying out promotional missions such as
hers. The Commissioner also informed the Speaker that certain conventions, in
particular the Protocol on the Establishment of an African Court on Human and
10
Peoples’ Rights and the Protocol on the Rights of Women in Africa, have not yet
been ratified by Congo.
49.The Speaker thanked the delegation for undertaking the mission to Congo and
affirmed that the Parliament was ready to ratify conventions signed by the
government. He said that the two instruments mentioned above would be ratified as
soon as possible.
50.The Commissioner indicated to the Speaker that in ratifying the Protocol on the
Court, it is important for Congo to make the necessary declaration under Article 34,
in order to enable NGOs to have access to the court.
51.The Speaker recommended that the delegation meet members of NGOs and the
NHRC, and the Commissioner deplored the fact that the NHRC was still not
operational. She encouraged the authorities to ensure that the NHRC would begin to
function. The Speaker acknowledged that it was important for the NHRC to
effectively begin its activities as this would be of assistance to interested bodies.
52.The Speaker inquired as to the African Commission’s definition of human rights. The
Commissioner cited the right to life, to safety, to food, and freedom of expression, in
short everything that a human being requires in order to feel free. Development is
not possible without human rights. This is why the African Commission encourages
NGOs and other civil society partners to work hand in hand with government, in a
truly objective spirit, without politicising all issues.
53.Nevertheless, the Commissioner pointed out that the State has the prime
responsibility for ensuring respect of human rights. The State is required to report to
the African Commission through the reports provided for under article 62 of the
African Charter.
54.The Speaker suggested that any future missions by the African Commission should be
publicised in advance so that the delegation could meet with members of parliament
in the House to explain to them the work of the African Commission. He underlined
the need for dialogue between government and the National Assembly.
55.Commissioner Sawadogo inquired about the situation in the Pool region. The Speaker
responded that some of the consequences of the political and military crisis that
brought the current regime to power are still being felt and they include the situation
in the Pool region. In spite of the successive negotiations and agreements, the rebel
soldiers have not yet rallied to the Republic. Notwithstanding the willingness shown
on either side, the rebel leader in Pool, Mr. Bissangou alias ‘‘Pastor Ntumi’’, has
remained in his stronghold and the young armed rebels who have given him their
allegiance have been disrupting rail traffic between Brazzaville and Pointe Noire.
This has disrupted supplies of food and other products to the capital city. These
products now have to be flown in from Pointe Noire, which leads to increased costs
that the population finds it increasingly difficult to bear.
56.In response to Commissioner Sawadogo’s question about the resolution of the crisis,
the Speaker responded that the intentions of government are not clear, as weapons
purchased by government are now in the hands of the rebels. It seems clear that
there is some degree of complicity. It is the population, however, that is losing out in
11
this situation due to the rising cost of living, the disruption of children’s education,
violence against civilians, difficulty in travelling around, etc. The Speaker however
rejected the idea of a military solution to resolve the conflict, saying that this option
has always demonstrated its limitations in the past.
20th October 2004:
Meeting with Mr. Ernest Apani, Director of Cabinet to the Minister of Primary and Secondary
Education, in charge of Literacy
57.Commissioner Sawadogo introduced the African Commission and spoke about the
framework for her mission to the Republic of Congo. She indicated that the
delegation had felt it necessary to meet with the authorities of the Ministry of
Education, which is one of the key ministries, in order to find out about the
measures taken to guarantee the enjoyment of the right to education for the
Congolese population.
58.The Cabinet Director stated that the school enrolment rate in Congo is 78%, one of
the highest in Africa, and that education is compulsory up to the age of 16, with no
discrimination between boys and girls, even though girls have specific problems.
59.The Commissioner asked what was being done to overcome the “specific problems”
of girls, and the Director answered that mentalities had changed and that girls were
now being sent to school just like boys. As to children who are not enrolled in
school, this is the result of the conflicts in the country, where some schools were
destroyed or rendered unusable. As a result of the war, instructions have been given
to accept all children who come to register in school, without applying the principle
of an age limit. Tuition is not free, but the fees paid are only a contribution from the
parents. The contribution paid in the areas most affected by the war represents only
half of what is paid in the rest of the country 4.
60.The Cabinet Director went on to say that the State has no provision for mentally
handicapped children, but that some religious orders had set up special schools for
such children and provide them with specialised education in Brazzaville and in
Mbeh.
61.Commissioner Sawadogo asked what measures were being taken to provide education
to minorities such as the pygmies of Congo. The Cabinet Director answered that
pygmy children are enrolled in school like all other children, but that sometimes the
parents take them out of school during the harvest period. This disrupts the
education of the children (case of the Likouala district). There is therefore a plan to
adapt the school cycle to the harvest cycle in the pygmy regions. However, due to a
number of objective reasons linked to poverty, the performance of the education
system in Congo is rather low. Instructions have been given to accept the children of
poor parents in schools.
4 The amount of the school contribution is 1500 F CFA in the public sector (half of this is therefore 750F
CFA).
12
62.The Director went on to say that in secondary education, the numbers are lower and
students are therefore monitored better. Girls drop out more often than boys, due to
pregnancies or other obstacles. Concerning literacy, there are several centres in each
district, (about 13 in all) that provide teaching to adults to help them learn to read
and write. The wave of conflicts disrupted the process, but activities are gradually
being resumed.
63.Generally speaking, said the Cabinet Director, in 2003, it was estimated that there
were a total of 13 382 classrooms in 3 084 establishments, including private schools,
in Congo. In 1990, there were less than 9 000 classrooms in 1 935 establishments.
The 681 900 pupils (370 748 boys and 311 152 girls) who attend these schools are
taught by 14 424 teachers, 4 495 of whom are women.
64.In the area of adult literacy, the Cabinet Director informed the mission of the
existence of 86 centres for about 3 356 participants, 1 932 of whom are women
(figures for 2003).
65.Speaking about the surprise visit to the Kinkala refugee camp, the Commissioner
asked what the ministry had done in favour of education for the children in the
camp. The Director responded that the camp did not fall under the responsibility of
the Ministry, and thus there was not much the Ministry could do. He added that the
Ministry had not been approached to act.
66.The Commissioner sought to find out if the public authorities had any control over
the quality of teaching dispensed in camps such as the Kintélé refugee camp, where
some of the pupils are Congolese children. She said that this situation should be of
interest to the Ministry, not least as a means of ensuring the quality of the teaching
provided in the school. In answer, the Director said that arrangements are being
made for school inspectors to tour private schools to check the compliance of their
curricula with the official curriculum. As to the schools run by refugees, many of
which are located in the district of Likouala, their teaching curriculum is often the
one from their home country and, in that case, it would be wrong to prohibit this. It
is nevertheless inappropriate for children who are expected to live in Congo to
follow a curriculum that is different from the official curriculum.
•Meeting with Mr. Joseph Mbossa, Director of Cabinet, High Commission for the Reinsertion of Former
Combatants
67.The Cabinet Director thanked the delegation for their visit and expressed the hope
that the new form of integration being called for by the African Union would
become a reality.
68.Commissioner Sawadogo gave a detailed presentation of the African Commission; its
membership, its functioning, and its objectives. She indicated the specific objectives
of her mission to the Republic of Congo, and expressed the particular interest of
such a visit to the High Commission in charge of the Reinsertion of Former
Combatants in Congo, in the light of the recent history of the country.
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69.The Cabinet Director thanked Commissioner Sawadogo for the very valuable
information that she had given about the Charter and the Commission. He
acknowledged that human rights must be a fundamental concern of African leaders
and peoples. In this area, he continued, the African Commission has a leading role to
play. He referred to the disparities between the concerns and resources of African
States, and those of certain Western countries, which illustrate that our countries still
have a long way to go.
70.Referring to the specific situation of Congo, the Cabinet Director stated that the war
had caused considerable damage in the area of human rights, but that since the end
of the crisis, the rule of law is gradually being established, within the context of a
developing country where not all the relevant human rights instruments can be
effectively implemented (the right to employment, for example).
71.Commissioner Sawadogo enquired about the specific situation of combatants and
asked how they were being reinserted. The Cabinet Director in his response said that
politicians had mobilised young people in the war and that these youths were as
much victims as agents of the war. They now find themselves with the weapons they
were given, and which are now their only means of subsistence. The intention is
therefore to disarm and demobilise them and reinsert them in society. That is the
mission of his institution.
72.With the assistance of the UNDP, significant progress has been made, but Pastor
Ntumi is still imposing a number of conditions that can only be met by the President
of the republic. In particular, Ntumi had demanded that the issue of his status as a
former combatant be resolved, since his former colleagues now occupied positions
of high office. He had asked to be appointed as the political and spiritual instructor
of the Congolese armed forces, a post which does not exist, and which only the
President could accept to create. There was also the other issue of his residence in
Brazzaville.
73.The Head of State had given instructions for a residence to be outfitted and equipped
for Pastor Ntumi, but the latter then said that those militia members who had
remained loyal to him had to be reinserted, as a prerequisite to his return to
Brazzaville. Congo succeeded in obtaining over 730 000 euros from the European
Union to deal with this demand, but when the government requested a list of the
militia members to be reinserted, the Pastor then set another condition; the
establishment of a Government of National Union.
74.This demand has not yet been satisfied, and the rebel leader finds himself increasingly
isolated, both domestically, and on the international scene. It is to be hoped that the
Pastor will soon see reason.
75.The High Commission offers psychological care for former combatants and also
provides them with appropriate training for their specific situation. They
subsequently have the possibility of undertaking income generating activities so that
they can provide for themselves fully. The idea of setting up a micro-credit bank for
funding small-scale projects for former combatants is currently being studied, in
collaboration with the NGOs in charge of assisting the former combatants to design
such projects.
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76.In this regard, the World Bank has allocated funding of US$ 5 million, which will be
available at the beginning of 2005. To date, however, about 9 000 young people have
already benefited from subsidies from the High Commission, with a success rate of
80%. The strategy of the High Commission is to give former combatants the means
to provide for themselves. This will be followed by the process of disarmament. The
High Commission wanted to avoid creating hostility on the part of these youths,
which might have occurred if they had started with disarming them. It is expected
that once the young former combatants are gainfully employed, they will give up
their weapons more easily. Over 20 000 former combatants, including child-soldiers,
are still waiting to benefit from the process. The European Union has allocated 2
million euros for this purpose.
77.Another area of concern is the demobilisation of former combatants who were
enrolled in the security forces without the required training. There are over 6 000
agents in this situation and the intention is to have them leave the army and the
police force, by means of a specifically designed programme.
78.One difficulty that arises is the criticisms of the population, who do not understand
why former combatants are receiving so much attention, when some of them are
guilty of acts of violence. There is therefore the need to explain the reasons for all
these efforts vis-à-vis the former combatants to the population. The international
community has been providing assistance in this area. A multi-donor fund of US$
500 million is planned for countries in the sub-region that are in this situation.
79.The Commissioner thanked the Director of Cabinet for the remarkable efforts that
have been deployed and made an appeal for those efforts to be pursued and
intensified so that total and lasting peace, the only guarantor of development, may be
restored to Congo. She emphasised the need for the African Charter to be included
in the teaching provided to former combatants prior to reinsertion, so that they
would be fully cognisant of their rights and duties as set out in the Charter.
•Meeting with H.E. Mr. Gérard Bitsindou, President of the Constitutional Court
80.Commissioner Salamata Sawadogo made a brief presentation of the Charter, the
Commission, and its activities, before moving on to speak of the objectives of her
mission to the Republic of Congo.
81.The President of the Constitutional Court thanked the delegation of the African
Commission. He paid tribute to the noble work being done by the African
Commission on a continent that is the theatre of multiple conflicts. He added that
the present constitution of Congo does guarantee the rights of citizens, under the
watchful eye of the Constitutional court. There is not a single political prisoner or
prisoner of opinion in the country. The Head of State himself ensures that this is the
case. Non-governmental organisations are free to go about their business, and
newspapers are not subject to censorship.
82.Commissioner Sawadogo raised the issue of the need for dialogue between the
government and civil society organisations on matters relating to human rights, and
encouraged the President to be vigilant and to draw the attention of all actors in this
15
field to this dialogue. She recalled that his position is vital and enshrines a level of
authority that can be used to advantage to have the message heard.
83.On the so-called ‘‘Beach disappearances’’ case, the President indicated that NGOs are
able to make whatever comments they wish, without being bothered. He added that
the position of the government is that a foreign court which does not have universal
jurisdiction cannot sit on an internal matter concerning Congo. The process is
underway in the country, and Congo has absolutely nothing to hide in this affair.
84.The President however expressed concern about the fact that people do not all have
the same understanding of principles such as democracy and human rights. The
Commissioner emphasised the fact that these principles involved everybody, even
though leaders have the prime responsibility for disseminating and protecting the
principles of democracy and human rights. She went on to congratulate Congo for
participating regularly in the activities of the African Commission, and offered the
technical assistance of the Commission in implementing joint activities such as
seminars, with Congo. She also touched on the issue of human rights instruments to
be ratified by Congo, and the possibility for the African Commission to hold one of
its sessions in the Republic of Congo. She asked for the assistance of the President in
promoting these ideas to the relevant authorities, in order to obtain some positive
action in these areas.
•Meeting with H.E. Mr. Benjamin Bonkoulou, second Vice President of the Senate, and some of his staff
members
85.Commissioner Sawadogo gave information about the African Commission, and the
objectives of her mission to the Republic of Congo. She then asked about the human
rights situation in the country and the ways and means of improving this situation,
given the importance of the Senate in such a noble undertaking.
86.The 2nd Vice President of the Senate thanked the delegation for their visit and
deplored that fact that both the authorities and the general public, in Congo and in
Africa, lack information about the activities of the African Commission. He asked
for exhaustive documentation on the activities of the African Commission to be sent
to the Senate, for dissemination in Congo. He also requested some explanation about
the attributions and the partners of the Commission, which the Commissioner
provided, underlining the role of the Commission within the institutions of the AU,
and the role of NGOs in the work of the Commission. Commissioner Sawadogo
also spoke about the African Court on Human and Peoples’ Rights, which is
expected to supplement the protection activities of the Commission.
87.Participants praised the mission for its work and emphasised the fact that the
Constitution of Congo gives pride of place to human rights. They also mentioned
the numerous bodies in charge of promoting and protecting human rights (Ministry
of Justice and Human Rights, the NHRC, the Law Commission, Administration and
Human Rights committee of the Senate, and various NGOs and associations).
Touching on protection of human rights, some participants highlighted the fact that
there are no political prisoners or prisoners of opinion in the country.
16
88.Commissioner Sawadogo lamented the fact that although the NHRC has been in
existence for over a year, it is not yet operational. She pleaded in favour of means
being made available to it, to allow this important institution to function fully and
carry out its assigned tasks.
89.The 2nd Vice President of the Senate felt that the only thing lacking for the NHRC was
the premises and that this should not prevent it from functioning. He cited the case
of the Senate itself, which does not have a lot of resources, and yet its members are
working. He said the members of the NHRC should use their imagination and get
down to work because the country does not yet have the means to provide them
with all they require. The lack of premises, he continued, is not enough reason to
justify the inactivity of the NHRC over such a long period. The Commissioner
acknowledged that these remarks were quite pertinent, but also stressed the
importance of the premises. The 2nd Vice President of the Senate nevertheless
thanked the Commissioner for having drawn his attention to the situation of the
NHRC. He promised to bring this to the attention of the authorities, in his capacity
as advisor on the functioning of republican institutions.
90.The President of the Senate Law Committee, who is also a member of the PanAfrican Parliament, stated that the Pan-African Parliament is well aware of the
difficulties of the African Commission, which are similar to those facing many
bodies of the African Union, including the Parliament. He promised that the PanAfrican Parliament would work to disseminate information about the activities of the
Commission and advocate for the allocation of adequate resources to ensure the
smooth functioning of the latter. He further emphasised the importance of human
rights and the need for the African Commission to organise regular seminars for the
general public and for NGOs in order to inform and train them on burning, topical
issues in the area of human rights in Africa.
91.The participants reiterated the request to obtain documentation from the African
Commission, to be made available to Senators and to all other actors, so that people
would be better informed about the African system of human and peoples’ rights.
92.Commissioner Sawadogo spoke about the various financial and material difficulties
that seriously hamper the activities of the African Commission and which explain the
fact that the institution is not well known. She also deplored that fact that
information about human rights and the activities of the African Commission does
not always circulate well between the various ministries and State structures. She
encouraged the Senators to assist the African Commission in making itself known to
the population and to the various bodies of States and the African Union. She also
spoke about the mechanisms created by the Commission to deal with specific issues
in Africa: special rapporteurs, working groups, and focal points.
•Meeting with specialised agencies of the United System based in Brazzaville
93.The delegation very much wished to have this meeting. Unfortunately, due to
communication difficulties between the UNDP and the Ministry of Justice in charge
of organising it, the meeting did not take place.
17
21st October 2004
•Meeting with H.E. Mr. Placide Lenga, First President of the Supreme Court
94.After introducing the African Commission on Human and Peoples’ Rights and
speaking of the objectives of her mission to the Republic of Congo, Commissioner
Sawadogo asked the President what was his opinion of developments in the general
human rights situation in the country.
95.The President expressed his thanks to the delegation and stated that he was happy
with the initiative to raise awareness about respecting the African Charter. He
pointed out that given the post-conflict situation of Congo, there was a need to
examine the situation with a lot of realism. Human rights violations did indeed take
place during the crises, and certain violations continue to occur. He said that the
judicial arm of power is thus confronted with an atmosphere of violence and
impunity. What can the judicial system do when it is faced with a 12 year old child
who was handed a weapon and who used it to take the lives of others? Especially
when those handing out such arms were the elite of the country? In such cases, the
balance of power is unfortunately not in favour of justice! And impunity becomes
entrenched, in spite of the rapes and other forms of violence.
96.The First President of the Supreme Court added that the system of justice would only
be able to carry out its work normally within a context of lasting peace. The current
trend in the country towards that peace should make it possible to apply the criminal
code and the code of criminal procedure, and respect individual liberties, etc. The
President also lamented the fact that the current criminal code of Congo dates back
to the 1950’s and thus no longer complies with the international standards to which
the country is a party. Offences such as drug trafficking, exploitation of children,
prostitution, terrorism, etc. are not covered by the code. The code of criminal
procedure is somewhat more in line with the Congolese reality although it also dates
back to 1963. It provides for a period in police custody of 48 hours (maximum 72
hours), etc.
97.The Commissioner asked if the code was implemented appropriately and Mr. Placide
Lenga responded that the Public Prosecutor has the right to visit detention centres
and prisons at any time. He is expected to exercise this right to check that there are
no arbitrary detentions.
98.Commissioner Sawadogo acknowledged that the current situation of the country
made the work of the justice system difficult. She nevertheless expressed the hope
that both political and administrative authorities would ensure that “justice is strong and
strength is just” in the management of judicial matters. If the justice system does its
work well, impunity may not disappear altogether, but it will certainly be significantly
reduced.
99.The Commissioner also asked what the First President of the Supreme Court felt
about the independence of the judiciary. The Vice President of the Supreme Court
said that the political discourse on human rights is quite consistent and refers to the
relevant provisions of human rights instruments, including the African Charter. The
difficulty lies in the capacity of the system to implement all these good principles.
The speaker recognised that the war had caused considerable damage, but after the
18
peace agreements, violations had ceased or gone down considerably. He referred to
the case known as the “Beach disappearances”, which is currently underway. He said
that the justice system is doing its best to establish its authority and consolidate its
mission as the guardian of freedoms. He focused on the difficulty in integrating
standards ratified by the country into domestic law. Such standards do, nevertheless,
serve as a reference for members of the judiciary. In spite of the shortcomings, some
progress has been registered. An example is the setting up of the Higher Council of
the Magistrature (CSM).
100.In response to the specific question of the independence of the judiciary, the First
President of the Supreme Court stated that the laws clearly stipulate this. Judges are
appointed by presidential decree, following proposals from the CSM. Their salaries
are quite advantageous, thus shielding them from certain forms of temptation. In
practice, judges generally carry out their work without any pressure from the other
branches of power, although there are some black sheep in the fold.
•Meeting with Ms. Jeanne Françoise Leckomba Loumeto Pombo, Under Secretary in the Ministry of
Agriculture, Livestock, Fisheries and the Promotion of Women in Development
101. Commissioner Sawadogo made a presentation on the African Commission and its
promotion and protection activities, and spelt out the objectives of her mission to
Congo. She inquired about the state of women’s rights in Congo and informed the
Under Secretary of the instruments that Congo has yet to ratify, in particular the
Protocol on the Establishment of an African Court on Human and Peoples’ Rights
and the Protocol on the Rights of Women in Africa.
102.In reply, the Under Secretary thanked the delegation and stated that she had just
returned from Addis Ababa where she had taken part in an important meeting on
women, and where the ratification of the Protocol on the Rights of Women in Africa
was discussed. She also reported on the activities of her department on this issue
(seminars, etc.). She said that the process leading to ratification of the Protocol by
Congo would soon begin.
103.The Under Secretary also spoke about other activities that had been organised with
the assistance of partners such as NGOs (Association of Women Jurists), the
UNFPA, and UNDP, to train paralegals to run legal aid centres for women, and men
as well. They would deal with issues such as inheritance, the problems that widows
are faced with, etc.
104. UNFPA has also provided assistance to the Ministry in educating the population of
various issues such as nutrition, and sexually transmitted diseases, including
HIV/AIDS. The Under Secretary welcomed the visit by the delegation of the
African Commission to Brazzaville and promised to report on this mission to the
population during the educational meetings on the Protocol on the Rights of
Women in Africa. She also promised to do her best to ensure that Congo would
ratify the Protocol rapidly, as was the case with the CEDAW. She sought advice
from Commissioner Sawadogo to this end.
19
105.The Commissioner explained the functioning of the special mechanisms within the
Commission and dwelt particularly on the activities of the Special Rapporteur on the
Rights of Women in Africa, who has drafted a plan of action to ensure the rapid
ratification of the Protocol on the Rights of Women in Africa. She stated that the
Special Rapporteur would be happy to carry out a mission to Congo to support the
efforts aimed at achieving the ratification of the Protocol.
106.The Under Secretary welcomed the proposal warmly and stated that there were plans
to set up an Observatory on the Rights of Women in Congo, with the collaboration
of the Economic Commission for Africa. She went on to state that the government
has endeavoured to comply with the 1/3 quota for women’s representation in State
institutions. She said that the fact that the ministry of Agriculture is linked to the
ministry for women and is run by a woman is a marriage of convenience, since
women are most involved in agriculture. She added that other women now hold
positions of high office that in the past were the preserve of men. She called for
closer involvement of African women in the management of public affairs and paid
tribute to the fact that membership of the African Commission and the Commission
of the African Union is well-balanced.
107.In answer to a question about the existence of the practice of wife inheritance in
Congo, the Under Secretary said that the practice has almost died out, thanks to the
struggle by women. The women’s unit of the Congolese Labour Party (PCT) has
done a lot of work educating people on this issue. In the legal arena, the practice is
prohibited under the family code. There is still a lot of work to do to educate people
on this issue, as well as on many others, including HIV/AIDS. The laws are well
drafted, but not they are not sufficiently disseminated and above all, they are not
applied much.
108.On the issue of equal access of men and women to the civil service, the Under
Secretary said that there was equality in this area. She continued: “Where
appointments to public office are concerned, there are still very few of them.
However, all parties are aware of the importance of this issue. Within the private
sector, there are increasing signs of understanding, where recruiting women is
concerned. Political parties are less inclined to put women in key positions in their
bureaux and on electoral lists, but here, as elsewhere, the struggle continues. Some
women were able to take advantage of logo on the promotion of women that we had
prepared to stand for election when parties refused to put them in a good position
on their electoral lists. We believe that the complementarities between men and
women must be understood and applied by all. Everything is not perfect, but there
have been clear achievements, and these must be consolidated”.
•Meeting with H.E. Mr. Hilaire Mounthault, the Ombudsman
109.The Commissioner urged the Ombudsman to advocate in favour of increased
support from Congo to the activities of the African Commission, and in organising
seminars on human rights.
20
110.The Ombudsman stated that the institution of which he is the president has been in
place for three years, but that it faces difficulties in carrying out its mission because
the concepts of democracy, good governance, and human rights are still quite new,
although theoretically there has been pluralist democracy in the country since the
dawn of the 1990s. He said his office had neither adequate means nor premises.
Nevertheless, in 2003, a total of more than 6 000 complaints were lodged with the
Ombudsman, by people of all nationalities.
111.These complaints were reviewed and recommendations were made to the bodies or
institutions involved. Out of 130 submissions to members of government, only 15
had responded, which made it necessary to call on the intervention of the Head of
State and head of government. The fact that the Ombudsman is a member of the
Mediators and Ombudsmen’s Association of Africa makes it possible to have
contacts with other bodies in other countries, thus facilitating interaction.
112.The complaints received by the Ombudsman relate generally to administrative
matters (military or civilian careers, salary arrears, dismissals). They are not political
or linked to human rights, as in other countries. The NHRC, which is not yet
operational, is in charge of dealing with complaints relating to human rights. People
had begun to flood the office of the Ombudsman with cases relating to destruction
of property and so on, but these cases have had to be transferred to the Supreme
Court.
113.In conclusion, the Ombudsman stated that in order for his office to play its assigned
role effectively, it must be provided with adequate budgetary and human resources.
•Meeting with Mr. Alphonse Dinard Moubangat-Moukounzi, Director of Public Prosecutions (DPP),
Brazzaville
114.The Commissioner asked for more information about the human rights situation in
Congo, and in particular compliance with international standards in prisons and
detention centres, as well as compliance with the prescribed duration of police
custody.
115.Taking the floor, the DPP stated that head of the prosecution department is free to
initiate a case, without any undue pressure. Since the Minister of Justice himself is a
human rights activist as well as a jurist, he is aware of the importance of allowing the
system to function freely. Concerning the office of public prosecutions, he said that
when he took over his post two years ago, he found it in a totally disorganised state.
It had been necessary to reorganise the various units on the basis of a specific
organisational chart, and set up a permanent duty roster. A prosecution policy is
currently being drafted to guide the work of criminal police investigators (OPJ) and
other colleagues from the Ministry of Finance. This will give greater visibility to the
policy of the office of public prosecutions.
116.As to the criminal investigation department, there are problems in working with
them because many of them are not trained for the work. Some of them are soldiers,
and react as soldiers. In such circumstances, the DPP continued, the duration of
police custody may not be observed. Whenever such cases are noted, however, the
detainee is either freed or brought before court with the case as it stands. A tour of
police stations showed that there are also enormous material difficulties for the 20
21
prosecuting magistrates in Brazzaville for example. Sometimes in some of the police
stations, there is only one typewriter to be used for several investigations, which
leads to delays in processing dossiers. Guidelines for the police are currently being
drafted to assist them in organising investigations.
117.Another phenomenon observed in police stations is the use of torture, which is only
one of the consequences of the lack of training of policemen. They thus try to obtain
information by using torture. There is a plan to train them on existing texts on this
practice and make them aware that any reports containing information obtained
through the use of torture shall be null and void. In the office of public prosecutions,
Saturdays are considered science days, and are already being used to educate
policemen on specific issues relating to their daily work.
118.The Commissioner asked whether it would be easy to check the compliance with
procedure in civil cases that may be communicated by the bench, and which affect
human rights. The DPP answered that such communications are done systematically,
according to the terms of the code of criminal procedure, which clearly distinguishes
this type of dossier.
119.Responding in the negative to a question from the Chairperson about the existence
of forced marriages, the DPP nevertheless indicated that there had been cases of
parents being opposed to certain marriages. He said the role of the Prosecutor in
such cases was to reason with the parents. He affirmed that female genital mutilation
(FGM) is quite foreign to Congolese culture and said that even if the practice existed,
it would be carried out clandestinely by foreign communities.
120.Touching on the issue of claims relating to war damage, the DPP stated that the
colleagues on the bench had received several of such claims and had been able to
deal with them quite freely, even though not everybody was happy with some of
their decisions, in particular concerning the amounts of compensation to be paid.
The case law is however not consistent in this area because some international
instruments stipulate that no compensation can be made for the destruction of
certain moveable goods in times of war, whereas others are in favour of the principle
that any form of destruction requires some compensation.
121.On the issue of the conditions of detention in Congolese prisons in general, and
those of Brazzaville in particular, the DPP indicated that at the end of the war,
attempts were made to renovate the detention centre in Brazzaville, which is old and
overcrowded, leading to a lot of promiscuity. Inmates do not always receive food
because budgetary resources are allocated in a very irregular manner. The Prosecutor
stated that only three prisons are effectively functioning in the country. As a result,
prisoners from towns like Kinkala, Owando, Ouesso, and Jambala, which have
courts of first instance (TGI) but not prisons, are sent to Brazzaville. There are 11
courts of first instance in the country, of which nine are functioning.
122.The Commissioner deplored this situation, as well as the absence of a vision of
reinsertion for prisoners. She said this would not foster any transformation in
prisoners when they are released from prison.
22
•Meeting with Mr. Antoine Evoundou, Administrative and Legal Counsellor of the Ministry of Security
and Police
123.Commissioner Sawadogo began by providing information about the African
Commission and went on to speak about the main objectives of her mission to the
Republic of Congo. She asked what efforts had been deployed to ensure the safety of
all Congolese citizens in the post-conflict situation of the country.
124.Mr. Evoundou affirmed that the major conflicts in the country had ended more than
7 years ago. He indicated that for a period of 27 years, the country had lived under
single party rule, and that the transition to pluralist democracy had led to a civil war
that had wreaked havoc on the population and on the country. He said that these
crises were caused by some inauspicious political decisions. After having culminated
in 1997, the situation eased, and the major conflicts are now over. Work has now
started to provide security for citizens and reconstruct the State, but the
psychological wounds remain, in spite of the efforts deployed.
125.Mr. Evoundou further noted that Brazzaville is now at level 2 in terms of security.
He acknowledged that there are still arms in circulation, but expressed satisfaction
with the fact that there is no arms-trafficking in the country. He paid tribute to the
international organisations that had provided assistance in restoring peace,
establishing the rule of law, and providing care to displaced persons. He recognised
the existence of difficult areas such as the Pool region, but said that the DDR
programme was now inexorably underway, with the support of the World Bank and
other interested institutions.
126.Mr. Evoundou cited the police and the army, in referring to institutions that had
been disintegrated during the conflict. Some factions of the various corps had rallied
behind one camp or the other. As to the former militia members, many of them have
been taken care of by the commission for former combatants. Some have also been
incorporated into the police force and this has led to problems such as the duration
of police custody, because many of them have no training.
127.Touching on the specific situation in the Pool region where the circulation of trains
is blocked, Commissioner Sawadogo wondered about the negative effects of this
situation on the population’s safety, purchasing power, and ability to procure
supplies. In response to these questions, Mr. Evoundou said that the railway line,
which is indeed vital for supplying food products to Brazzaville, has become a
bargaining tool for the forces opposed to the government, and who are acting under
the control of Pastor Ntumi. These militiamen, who do not wish to be part of the
DDR programme have been plundering train carriages, and damaging electricity
poles.
128.Mrs. Sawadogo asked about the progress in the case of the Beach disappearances,
and Mr. Evoundou replied that the affair had been blown out of proportion due to
the communication blunders of the government. He recognised that there had
indeed been killings as a result of the crises mentioned above, but said that the
proportions given to this affair were not accurate. Indeed, the number of people who
disappeared is much less than 350. The investigation is going on, to find out the
whole truth and this will take whatever time is required.
23
129.The Commissioner asked about the return of political exiles, emphasising the fact
that the right to travel in and out of one’s country is one of the provisions of the
African Charter. Mr. Evoundou declared that this was a political issue that concerned
4 or 5 people, and which does not fall under the competence of the Ministry of
Security, but rather that of the President of the Republic. He added that their return
did not hold any security implications and that the matter was essentially political, as
some of the exiles are demanding certain guarantees before they return.
•Meeting with Mr. Rigobert Sabin Banzani, Member of the Board of the Bar association of Brazzaville
130.Following the usual briefing, Commissioner Sawadogo stated that the Bar is one of
the structures concerned by human rights in the country, and this is why she had
wanted to meet its members. She inquired about the view of the Bar on the issue of
the independence of the judiciary in the Republic of Congo.
131.Mr. Banzani is a lawyer, and the Chairperson of the human rights commission of the
Brazzaville Bar association. He briefly described his organisation before going on to
say that lawyers are the natural defenders of human rights; they deal with human
rights daily. Concerning the perception of human rights, Mr. Banzani stated that the
existing institutions in charge of promoting and protecting human rights do not all
have the same conception of such rights in the country. He said that the general
situation of human rights is not good. He acknowledged the existence of the NHRC,
but said that it is not operational, while the daily acts of State structures and citizens
are not in harmony with the principles of human rights. He cited the bad relations
between lawyers and the criminal police (OPJ) as an example: Under the terms of
national law, lawyers are allowed to assist their clients even in the preliminary
investigation. The presence of lawyers is police stations is however unwelcome for
the police, who do not show much respect for the rights of detainees, from whom
they obtain confessions using methods that have been condemned. What can be
done in this case?
132.Mr. Banzani replied that lawyers contributed to providing information about the laws
governing their profession, in collaboration with the highest police authorities. The
authorities were expected to pass on the message to their staff, in order for the latter
to accept the presence of lawyers in pre-detention centres. The result is that the
presence of lawyers is now tolerated, if not fully accepted and understood. The Bar
association has also organised workshops with the support of UNDP, to harmonise
their points of view with the police and other security forces about the role of
lawyers during the preliminary investigation. Speaking about the difficulties facing
the Bar association Mr. Banzani said that magistrates tend to misuse preventive
custody. There is a practice of provisional detention, which has been condemned in
Brazzaville in particular, but is probably widespread within the country. The practice
consists of placing people in temporary detention, without an arrest warrant, and
then subsequently regularising the situation. For certain magistrates, this is a way of
exchanging the freedom of a detainee for money, without leaving any traces. This is
obviously illegal and also violates human rights. The Bar association complained
about this to the Director of Public Prosecutions and to the Court of Brazzaville, but
did not obtain the expected result.
24
133.The culture of impunity is a major obstacle in the fight to ensure the respect of
human rights in the country. Despite the inception of pluralist democracy and the
exemplary laws that have been adopted, the practice remains unchanged, and
Congolese judges do not seem at all ready to seize ownership of the law that
guarantees their independence and use it for a good cause. The procedure for
appointing judges in Congo today is such that any appointee who wants to maintain
their post does not take any risks or initiatives that might anger or annoy the
hierarchy. Very often, magistrates who want to attain a post that might bring them
greater advantages simply forget that they represent a separate branch of power.
134.Ms. Sawadogo wondered if the planned establishment of a CSM could change the
situation and consolidate the independence of the judiciary branch of power. Mr.
Banzani was very sceptical about this. Indeed, according to him, the magistrature in
Congo is highly politicised and the setting up of the CSM and the inspectorate of
justice will not change that situation much. He deplored the fact that some courts
could not function for lack of magistrates. The political authorities had simply failed
to appoint them because magistrates were required to be of a certain political school.
22nd October 2004
•Meeting with Mr. Bernard Mantele, Director of Cabinet of the Ministry of Health and the Population, and
some of the members of his staff
135.Commissioner Sawadogo underlined the importance of good health and well-being
for the population and asked the Director what measures had been taken by the
public authorities in Congo to ensure enjoyment of the right to health in the
Republic of Congo.
136.The Director stated that the right to health is a constitutional right in the Republic of
Congo. The measures taken in this area are aimed at promoting the right to health in
the country, with the direct participation of the population in projects relating to
health. Thus, every national policy is implemented with a view to providing quality
health care at affordable prices for the population.
137.The country’s past political crises have led to grave acts of violence, in particular
against women, and the new legislation seeks to protect this category of society while
ensuring their right to health. Maternal mortality is still an area of major concern
because healthcare coverage is low, in particular in the rural areas. The director
indicated that the government is attempting to remedy this situation by gradually
expanding healthcare coverage to remote areas.
138.Psychological care for the victims of violence is provided with the assistance of
specialised international organisations because the State structures alone were not in
a position to tackle this by themselves. Some specialised centres (pilot centres) have
been set up in the areas affected by war.
25
139.Since 1992, the population has been required to contribute to all programmes for
medical coverage. Health care is not free of charge, but the contribution demanded
varies between FCFA 1000 and 1500. This covers the consultation fee and the
supply of medicine, and also provides for the running of health centres. Poor people
are cared for free of charge. In the long run, the objective is to arrive at
harmonisation of contacts so that once an initial consultation has been paid for, it is
possible to receive care at all levels, including in the reference hospital. The whole
system is steered by an administrative team with a head doctor as its leader.
140.The doctor/population ratio is 1 doctor for 5 000 inhabitants. Programmes had
started well in 1992, but after the tragic events that took place in the country,
everything had to be started all over again.
141.Before the war, vaccination coverage was 80%, but everything was subsequently
disrupted. Nevertheless, some diseases like poliomyelitis and chickenpox have almost
been eradicated in the country. The campaigns however still continue. With the
movements of populations across borders, there is a pressing need to organise
harmonised vaccination campaigns along the borders with the Democratic Republic
of Congo, Angola, and other States that have lived through wars. The State attaches
particular importance to the health sector. As a result, activities relating to health
always receive priority and vaccines are now purchased by the State whereas in the
past, it was the specialised United Nations agencies that provided them.
142. The total number of health personnel, in all categories was 5 130 in 2003.
Concerning existing infrastructure, the statistics also date back to the same year as
follows:
a) Public establishments
b) Private establishments
42 hospitals (including 3
military base hospitals)
127 integrated health centres
481 dispensaries
46 health posts
14 school health centres
2 leprosy treatment centres
2 outpatient centres for people
with HIV/AIDS
9 leprosarium
1 National Blood Transfusion
Centre (and 2 regional centres in
Brazzaville and Pointe Noire)
14 general hygiene departments
1 food & water hygiene
laboratory
26
21 clinics
02 polyclinics
67 doctors’ consultancies
07 dentists’ offices
162 nursing care centres
33 medico-social centres
03 obstetrical care centres
03 medical biology laboratories
• Meeting with the Principal Directors of the Ministry of Social Affairs, Solidarity, Humanitarian Action,
Victims of war mutilations, and the Family 5
143.After having made a presentation of the African system of human and peoples’
rights, Commissioner Sawadogo went on to speak about the African Commission
and its activities, and outline the objectives of her mission to the Republic of Congo.
144.During the discussion that followed, a number of recommendations were made
about how to make the promotional missions of the African Commission to States
parties more effective. The participants in particular regretted the fact that they had
been informed about the visit at the very last minute. They suggested that the Secretariat
of the Commission should consider the possibility of informing the ministries to be
toured directly, and well in advance of the mission, to enable the latter also to
prepare to welcome the mission. The participants at the meeting asked the
Commissioner to kindly make a presentation on the African Charter on Human and
Peoples’ Rights, for their own benefit. Commissioner Sawadogo proceeded to do so
and spoke in detail about the functioning and activities of the African Commission in
line with the mandate set out in the Charter.
145.The Commissioner then asked what specific action had been undertaken by the
various departments of the ministry to give effect to the provisions of the African
Charter. Speakers indicated that the ministry deals with target groups like children,
the family, the elderly, and minority groups.
146.Concerning children’s rights, the Director of Cabinet said that he was encouraged by
the progress made in the ratification process of the African Charter on the Rights
and Well-being of the Child. The Charter on the Rights of the Child had already
been ratified and preparation of the initial report was well underway when the war
broke out. He said consultants had recently been recruited to prepare a consolidated
report. In the field, orphans and children who have suffered some form of
traumatism or are out of school are not left to their own devices. Since 2000, there
has been a joint project with UNICEF, to provide care to traumatised children. A
Christian association, Thalita Koum, has also taken charge of more than 10 000
children who were out of school. They provide them with appropriate teaching for
their situation. In order to facilitate child-family reunions the ‘‘1 child, 1 family’’
operation was set up. This enabled some children who initially found themselves in
the street or in orphanages to find their family or a host family. The results have
been remarkable and have involved a great number of children.
147.Another activity in favour of children has been the start of a registration exercise for
children with the registry in charge of civil status, in order to provide them with an
identity. The exercise is funded by the ministry. UNESCO also provides assistance in
integrating street children in centres of apprenticeship. A Children’s Parliament has
been set up since 2003 and brings together representatives of the children of Congo,
who take part in national decisions relating to children’s rights.
5 See list of those present in annexe.
27
148.For the elderly, the ministry works with charity associations to provide assistance.
The objective here is to reduce the number of old people living in hospices and
avoid having old people roaming the streets.
149.Specific activities are also carried out in favour of the pygmies and other minorities
to ensure their well-being in health, but also to provide them with education.
•Meeting with the Resident Representative of the United Nations Development Programme (UNDP)
150.The Commissioner explained the objectives of her mission to the Republic of Congo
and emphasised the important role that can be played by the UNDP and other UN
agencies operating in Congo in providing information. It is for this reason that the
delegation had fervently wished to meet with these bodies. Unfortunately, it had to
be noted that this meeting was not able to take place.
•Meeting with the Honourable Lekoundzou Itihi Ossetoumba Justin, Leader of the parliamentary group of
the Presidential Majority (Congolese Labour Party - PCT), in the presence of other member of the group.
151.The Commissioner inquired about the specific action taken within the party to
ensure the promotion and protection of human rights. The honourable MP replied
that the Constitution guarantees democracy and human rights and these principles
are also consecrated in practice, on the basis of the idea that power belongs to the
people and is exercised for the people. Parliamentarians are the expression of
democracy; they are the spokespersons of the people, whose thoughts they express.
He said that the parliamentary majority holds 115 seats out of a total of 129. From
the discussion, it became clear that the parliament does not have a house committee
on human rights.
152.Some of the MPs emphasised the fact that freedom of the press is a reality in the
country. Another reality is that press offences are no longer categorised as crimes.
According to them, this represents remarkable progress.
153.The Commissioner asked if the honourable members had themselves organised any
awareness raising activities in the area of democracy and human rights, as elected
officers. The MPs acknowledged that such activities were rather rare. Both MPs and
Senators report to their constituents on the activities carried out during their
sessions, but nothing is being done so far in the area of training and information on
democracy and human rights.
154.Commissioner Sawadogo therefore suggested that plans be made to organise training
sessions for MPs and Senators on human and peoples’ rights. The MPs welcomed
this idea with great enthusiasm. The Commissioner also asked the MPs to draw the
attention of government to the need to ratify certain human rights instruments such
as the two protocols to the Charter; on the Establishment of an African Court on
Human and Peoples’ Rights, and on the Rights of Women in Africa, respectively.
28
155.The MPs declared that these matters had not yet been brought before parliament,
but they felt that there should be no difficulties in ratifying the instruments in
question. Parliament, and the majority in particular, is well aware of the importance
of human rights issues.
•Meeting with the Honourable Joseph Kignoumbi Kia Mboungou, MP, Leader of the parliamentary group of
the Pan-African Union for Social Democracy (UPADES) and affiliates, in the presence of Mr. André
Milongo, Chairman of the Union for Democracy and the Republic ‘‘Mounyinda’’
156.The MPs complained about the difficulties that arose during the last parliamentary
elections where they said that their appeals were rejected without being examined.
They said that if they had been aware of the attributions of the African Commission,
they would have appealed to this institution.
157.Commissioner Sawadogo spelled out the mandate of the African Commission and
the procedure for introducing communications. She stressed the fact that it was
necessary to exhaust all local remedies before introducing a complaint.
158.They spoke about the political process that has taken place since the National
Conference, the subsequent wars, the transition under the leadership of President
Sassou Nguesso, and the presidential and parliamentary elections of March 2002 and
June 2002 and said that these elections were not fair and democratic.
159.The MPs stated in conclusion that the situation of democracy in Congo was hardly
brilliant. Opposition rallies and other events are systematically ignored. The public
press organs generally fail to speak about the activities of opposition political parties,
and there are no really free radio and television stations. Some priests had applied for
a licence to create a station, but they are still waiting for the authorisation. They
added that the commission in charge of regulating audiovisual activities does not
carry out it role in the proper manner.
160.Furthermore, the MPs deplored the fact that notwithstanding the relevant provisions
of the Constitution, the opposition is still obliged to request an authorisation in order
to be able to hold rallies, whereas majority parties are not subject to the same
obligation. Nevertheless, thanks to the relations with NGOs and other organisations,
things are gradually beginning to move in the right direction.
161.The other criticism levied by the MPs was that those placed at the head of
institutions in charge of regulating political activities are members of the ruling party.
They are therefore not objective in assessing situations, and in their actions.
162. The MPs went on to say that all the members of the Senate are members of the
Congolese Labour Party, which, according to them is not right because elections to
the Senate are based on the system of proportional representation. Yet some parties
are represented within the local councils. The parliamentarians therefore concluded
that the senate elections had been totally rigged. The MPs expressed the hope that
the next elections would be truly free and transparent, in order to avoid social
upheavals.
163.Concerning the educational sector, the MPs said that schools are under equipped and
are sorely lacking teaching staff. Although the right to strike does exist in theory, the
29
authorities use various methods to prevent workers from exercising that right.
People are laid off without receiving any severance pay. Pensioners, for their part,
only receive their pensions very irregularly. Now, the current budget was adopted on
the basis of a barrel of crude oil at US$ 25 whereas for the past few months the price
of a barrel of oil has been twice that amount. They wondered where the money has
been going and deplored the fact that the parliament has not been invited to give its
opinion about the management of this windfall.
164.The MPs acknowledged that there are no political prisoners in the country, but they
said that this is only a very small step forward in the ocean of shortcomings. They
underscored the fact that educational and health structures are dilapidated. They said
that Congo still has a long way to go in just about every area.
165.They lamented the fact that in spite of the existing constitutional provisions, political
parties do not receive any funding.
•Meeting with the Director General in charge of Human Rights in the Ministry of Justice and Human
Rights
166. The DG stated that the Directorate General on Human Rights and Fundamental
Freedoms was set up in 2002. It comprises three units: Minorities and vulnerable
social groups; protection of rights and promotion of fundamental freedoms and
rights, and financial and administrative issues.
167.The Directorate General is faced with serious material difficulties that hamper its
activity. Initially, there was a staffing problem, but recently this has been resolved. 40
people have now been posted to this division, but the staff is not well trained and it
would be a good idea if the African Commission could contribute to training people
who would in turn transmit that knowledge to others who need it.
168.Concerning the activities of his unit, the DG referred to the drafting of the legal texts
that are expected to govern the functioning of the Directorate. NGOs and several
international bodies have provided assistance in this exercise. These texts deal with
various issues such as the rights of children, minorities, disabled persons, vulnerable
groups, etc. According to the terms of the decree setting up the Directorate, a branch
of this unit will be located in each region of the country.
169.The DG spoke about protection and intervention activities of the Directorate, in
administrative matters and Commissioner Sawadogo asked whether this did not
overlap with the attributions of the NHRC or the Office of the Ombudsman. The
Director General said that his division could sometimes refer matters that were
beyond its competence to the Office of the Ombudsman. As to the NHRC, it is not
yet operational.
170.The Commissioner asked what the Directorate General was doing about the issue of
non payment of pensions of retired persons, and the DG responded that this was a
problem mainly for people who had worked in the private sector. Employers often
made their employees believe that they were paying the contributions to the Social
Security fund when this was not the case.
30
•Briefing on the outcome of the mission with H.E. Mr. Jean-Martin Mbemba, Minister of Justice and
Human Rights
171.The Commissioner briefed the minister on the implementation of her mission and
drew his attention to some of the points relating to human rights that had been
raised by the people that the delegation had met with. These concern extrajudicial
executions, forced disappearances, etc. She referred in particular to the problem of
the Beach disappearances.
172.The Commissioner also raised the issue of people in exile who could not return
home and concerning whom the police authorities have affirmed that it is a political
issue and not a security issue.
173.The Commissioner also reported on the meetings with opposition political parties
and the problems raised by the absence of ballots for certain candidates; the issue of
funding for political parties, and the status of the opposition.
174.The minister responded to these questions by stating that where extrajudicial
executions are concerned, Congo has had to report on this on several occasions to
the United Nations Human Rights Commission. He said that the country had
experienced three civil wars between 1993 and 1997 and that during this period there
had indeed been acts of violence from all sides. Each time that Congo has been
informed of precise cases, diligent action has been taken to prove the inexactitude of
the allegations.
175.The minister nevertheless acknowledged that in times of conflict, the police would
sometimes arrest highway bandits and execute them. He said that this led to tensions
between the ministry and such policemen who had to be vigorously reminded that
such practices are against the law. He went on to state that although the death
sentence does figure in existing legislation, it has not been applied for several years.
People sentenced to death either receive a pardon, or see their sentence commuted
to life imprisonment. The minister said that the highest authorities of the country are
in favour of abolishing the death sentence. Congo ratified the Convention against
Torture and Inhuman and Degrading Treatment in 2002.
176.Referring to the so-called Beach disappearances, the minister stated that as soon as
he heard about this case of 300 people who had disappeared, he had requested the
human rights department to open a file on the case. The parents of the people who
are alleged to have disappeared were invited to the ministry to state their case. The
dossier showed that it was a matter for the justice system and the Prosecutor’s office
was asked to start an investigation against person or persons unknown. It was only a
year later that the court of Mau (France) seized hold of the affair, in a spirit of
vendetta. The minister reported on the contacts that he had had with the highest
judicial authorities in France to draw their attention to the fact that all the alleged
victims in the case are Congolese and the plaintiffs are also Congolese. The incidents
also took place in Congo and this matter must be considered a Congolese affair and
dealt with as such. The minister concluded by saying that the case of the Beach
disappearances is going through the normal process in Congo and that the case file
remains open for any investigator. All the generals involved in this case have been
31
indicted, including the Director General of the National Police, although they have
not yet received a committal order.
177.Concerning the exiles who have not yet returned, the minister stated that one of
them, Mr. Bernard Kolélas, had indeed been prevented from returning to Brazzaville.
The reason for this was that the government wanted to preserve public peace. The
minister also said that most exiles left of their own accord, after having lost a war
that they had started. Some had been tried in absentia since then, and had been
sentenced to various terms, including the death sentence. Those who had been
condemned and wanted to come back would have faced imprisonment. Now, this
could create a disruptive situation, which would not be politically acceptable for the
country, as these people have their supporters. Consequently, it is only through
political negotiations leading to measures that would cancel the effects of these
sentences that all these problems can be resolved with a view to consolidating social
peace.
178.Concerning the difficulties in organising elections, the minister acknowledged that
there had indeed been some malfunctions and said that he himself had paid the price
of these problems. He said that funding of political parties is an area of concern and
recognised that parties with limited resources would find it difficult to send
representatives to all the polling stations. The State does not however have the
means to rapidly resolve these difficulties that are inherent to the process of setting
up the rule of law.
179.In relation to the status of the political opposition, the minister informed the mission
of the measures taken by government in favour of all MPs and senators (provision of
four-wheel drive vehicles for their activities). The Constitution stipulates that any
candidate who obtains 15% of votes in a presidential election shall enjoy special
treatment equivalent to a Minister of State. The problem is that the opposition is not
well organised and it is difficult to identify a leader. The opposition has not come up
with any proposals of legislation on its status either.
180.The Commissioner recounted to the minister the difficulties facing members of the
Bar association, in particular in their interaction with the criminal police, who do not
accept the presence of lawyers during the preliminary phase of investigations. She
referred to the issue of provisional detention, which seems to be a means of bringing
pressure to bear on detainees and extorting favours from them. She also touched on
matters relating to the independence of the judiciary, and the appointment of judges
and other prosecution officers.
181.The minister explained that the members of the CSM have been appointed and that
the council would effectively be established in the very near future. He spelled out
the procedure for appointing judges and concluded that the judges were wrong to
complain about the existing procedure. He mentioned some of the measures taken
for the benefit of the magistrature: salaries multiplied by 3, retirement age set
exceptionally at 56 years, provision of brand new infrastructure and equipment, etc.
182.Coming to the issue of provisional detention, the minister stated that, if necessary,
lawyers should lodge a formal complaint. The minister recalled that existing texts
32
provide for their presence right at the start of the process and that they must fight to
make sure that the texts are implemented, instead of just giving in, or asking the
minister to give instructions, where he risks being accused of interfering.
183.The minister recalled that the Bar is quite weak, and said that there are only a few
lawyers who are very well trained. He said the government is considering setting up a
magistrates’ school, to remedy this situation. Training seminars have been organised
for lawyers, bailiffs and other legal sector staff, both within and outside the country.
184.The Commissioner asked whether one could say that the judiciary was politicised, to
which the minister replied in the negative. He explained that the statute on
magistrates prohibits judges from being members of a political party or from
expressing political opinions. He cited the example of a magistrate who took
advantage of his absence to create a political party, but who was very quickly
compelled by the minister of justice to resign from the party.
185.He said the texts are very clear on the issue of independence. The judiciary is
independent. However, while some judges are able to fully take on the mantle of
their independence, others are unable to do so.
23rd October 2004
•
Meeting with H.E. Ms. Emilienne Raoul, Minister of Social Affairs, Solidarity,
Humanitarian Action, Victims of war mutilations, and the Family (MASSAHMGF)
186.Commissioner Sawadogo said that she was happy to be meeting the minister herself,
in spite of the contact that her delegation had already had with some of the staff of
the ministry the previous day. The Commissioner said that this encounter bore
eloquent testimony to the importance accorded by the minister to human rights
issues. She briefly introduced the activities of the African Commission to the
minister and emphasised the importance of the MASSAHMGF which, she said, is a
cross-cutting ministry.
187. The minister stated that the ministry concentrates the greater part of its efforts on
humanitarian activity, given the recent events in the country. This requires
considerable means, which the government does not possess. They therefore call
upon humanitarian organisations. She said that it was very important for law
enforcement and security agents, as well as youth and children, to be educated on
their rights and duties as enshrined in the instruments to which the country is a party.
She added that her ministry has a mandate to educate and not to sanction. She
therefore called on the African Commission to envisage the possibility of organising
seminars to train trainers from the ministry on human rights issues.
188.Commissioner Sawadogo regretted the fact that information does not circulate well
among the different ministerial departments in Congo because this country does take
part regularly in the sessions of the ACHPR. She encouraged the minister to work in
favour of greater cooperation among the ministries in order to ensure greater
efficiency. She supported the idea of organising seminars for trainers and said that
the African Commission does intend to organise seminars each year for State
33
representatives, as well as for other African civil society organisations. She said the
problem is that the African Commission does not always have the means to organise
such seminars, and requires the assistance of States and NGOs. If Congo was willing
to host one such seminar, the practical modalities could be examined closely in
collaboration with the ACHPR.
189.The Commissioner further informed the minister that the Commission is ready to
provide technical and material assistance within the limits of its resources, should the
ministry decide to organise a seminar in Brazzaville.
190. The minister underlined the importance of organising such a seminar in Brazzaville
for several trainers and said that the ministry would be ready to pay for one or two
experts from the Commission to travel to Congo for that purpose. She added that it
has become clear that when a staff member travels out to a seminar, the impact is
quite limited.
191.One member of the ministry staff spoke about the activities of the ministry targeted
at the disabled: Manufacture and distribution of prostheses, care and reinsertion of
people suffering from intellectual, mental or other disabilities in specialised centres.
All this is done with the assistance of external partners.
192.Answering the question as to what measures are taken for the benefit of minorities,
the minister said that the two main minority groups are pygmies and albinos.
Government and some external partners have mobilised efforts in favour of these
minority groups. Albinos are more and more involved in active life, and pygmies
have been receiving assistance from the Ministry of Health to fight against yaws, a
disease that affects them greatly. Generally speaking, there is increased mobilisation
on the part of State structures and civil society organisations to provide education
and welfare to the pygmy population. There is a plan to coordinate all these activities
in order to draw the greatest benefit and make it easier to measure their impact.
Concerning the albinos, who represent about 1% of the population, studies are to be
carried out on their situation in order to plan the necessary action. Their greatest
needs are medical because they need specific protection for their very fragile skin.
193.It was agreed that the minister would prepare and send to the Secretariat, a draft on
the human rights training requirements of the ministry. The minister set herself three
weeks to prepare the document.
•
Meeting with the Association of Women Jurists of Congo (AFJC)
194.Commissioner Sawadogo gave members of this NGO detailed information about the
activities of the African Commission and the Protocol on the Rights of Women in
Africa. She encouraged the AFJC to apply for observer status in order to maintain
fruitful cooperation with the African Commission. She also informed the NGO of
the activities carried out in the margins of sessions of the African Commission, in
particular the NGO Forum, and the training sessions organised by some NGOs for
the benefit of other organisations and agents. She concluded her presentation by
requesting information about the situation of Congolese women.
34
195.Speaking on behalf of the association, Ms. Christine Goma Maniongui, Treasurer of
the AFJC, regretted the fact that they had received information about the mission
very late. She said that her NGO is relatively familiar with the Charter. Referring to
the question of women’s rights, she said that the texts are very good, but practice is
unsatisfactory. For example, women are the only ones who are really tried for
adultery. Although rape is considered a crime, it is not really punished as it should be.
Women are unaware of their rights and can therefore not demand them as they
should.
196.Referring to the activities of the AFJC, she said they inform women about their
rights as enshrined in the African Charter. The NGO also had a legal call centre
funded by USAID, but unfortunately this does not work any longer, due to lack of
funding. There are however plans to set up a Legal Clinic, with the financial
assistance of UNDP. The AFJC goes out to meet women and speak to them about
their rights, but women are also coming more and more to the NGO to talk about
their problems. The AFJC also has some activities aimed at children. All these
activities with women and children are free of charge.
197.Commissioner Sawadogo asked if Congolese women face any difficulties in finding
employment in the private sector because of their status. The representative of the
AFJC answered that this is quite rare, especially as there are very few private
businesses. She however lamented the fact that sexual harassment is quite rampant.
She added that wife inheritance also persists in certain traditions, but it is a residual
practice.
198.Concerning early marriages and forced marriages, it must be noted that these
practices do not exist. However, given the large number of unmarried relationships,
pregnant girls find themselves in a de facto marriage.
199.The AFJC spoke about the enormous difficulties it encounters in finding financing
to carry out its activities with the population. She asked for the assistance of the
Commission in this area. Commissioner Sawadogo responded that the Commission
is more ready to provide technical/intellectual support and, to some extent,
documentation. On the other hand, the institution does not have the necessary
resources to provide NGOs with funding.
200.The Commissioner also gave information about the special systems and mechanisms
of the Commission and emphasised that the AFJC should make contact with the
Special Rapporteur on the Rights of Women in Africa.
201.The AFJC highlighted the difficulties encountered in implementing women’s rights
in spite of the fact that these rights are guaranteed by the Constitution in Congo. She
also put a number of questions about the content and process of ratification of the
Protocol on the Rights of Women in Africa. In response, the Commissioner gave
details about the current status of the Protocol and some of its provisions, in
particular those relating to polygamy and inheritance.
•
Meeting with the Press 6
40 journalists and media personalities from about twenty press organs/structures took part in this
meeting. See the list of press organs represented in annexe
6
35
202.Commissioner Sawadogo thanked the journalists and introduced the delegation of
her mission. She gave a detailed presentation about the African Commission and its
activities before speaking about the objectives of her mission to the Republic of
Congo. She highlighted the roles played by the State, NGOs and other civil society
agents in promoting and protecting human rights on the continent.
203.The Commissioner particularly emphasised the important role of the media in
disseminating information about human rights and encouraged journalists to show
greater interest in this issue. She said that promoting human rights can contribute
very effectively to preventing violations of such rights.
204.The Commissioner spoke to the journalists about the Focal Point mechanism for
press freedom within the Commission. This mechanism is in charge of ensuring
respect for press freedom in States parties. She also referred to the guidelines on
press freedom adopted by the Commission. She encouraged journalists to maintain
contacts with the African Commission in order to exchange information about
human rights.
205.Touching on the issues discussed with the people she had met during the mission,
the Commissioner made a quick briefing and underscored the three human rights
instruments that Congo still has to ratify. She also mentioned the delayed periodic
report that Congo has to present to the Commission under article 62 of the African
Charter.
206.The journalists asked the Commissioner a number of questions relating to the
general human rights situation in Congo; protection of press freedom; the means of
functioning of the African Commission; the delays in presentation of the periodic
report of Congo, and the so-called case of the “Beach disappearances”.
207. The Commissioner responded to these questions and referred to the provisions of
the African Charter, the practical work of the African Commission, and the
information that she had received from the people she had met, as well as the
observations of her own mission. The Commissioner touched upon the recent
history of Congo, which has been marked by violent conflicts and reported on the
progress made. She also referred, however, to the shortfalls identified by the mission
in the area of human rights and encouraged the authorities to do better.
IV-
Conclusions and Recommendations
208.The following are the conclusions drawn at the end of the mission to the Republic of
Congo, and the accompanying recommendations to the government, as well as all
parties, in order to ensure better promotion of human rights in the Republic of
Congo.
A-
Conclusions
36
209.The meetings between the mission and the different actors from both government
and civil society were characterised by a high degree of seriousness and warmth. The
discussions about the human rights situation in Congo were very frank and open.
The main conclusions are as follows:
The Congolese government must present its delayed periodic report to
the African Commission as soon as possible.
Congo must ratify the relevant human rights instruments, in particular
the Protocol on the Establishment of an African Court on Human and
Peoples’ Rights, the Protocol on the Rights of Women in Africa, and
the African Charter on the Rights and Well-being of the Child.
There is a need to provide training on human rights to staff of the
judicial services (magistrates, lawyers and their auxiliaries), security
forces and all those involved in such areas, in order to ensure better
compliance with such rights in their daily activities.
The consequences of the different violent conflicts that have affected
Congo are still tangible within the socio-political and economic context
of the country, and continue to affect the general situation of human
rights.
The rights of minority groups such as the pygmies and albinos must be
taken into account better.
Certain problems persist in the judicial system: arbitrary detentions,
overcrowding of prisons, delays in dealing with cases, and the
independence of judges.
There are difficulties in ensuring compliance with the right to defence
in preliminary investigations (cooperation between lawyers and criminal
police).
Healthcare coverage in the country needs to be improved.
210.The political authorities and civil society organisation leaders that the delegation met
with showed a keen interest in human rights and the work of the African
Commission.
211.The authorities frequently cite the lack of resources as an explanation for many of
the shortfalls that were noted in the area of human rights. The Office of the
Ombudsman, the NHRC, the Higher Council of the Magistrature (CSM), and several
other bodies are not yet totally operational.
212.The government of the Republic of Congo expressed its willingness to do everything
to ensure that the provisions of the African Charter on Human and Peoples’ Rights
are fully implemented. In this vein, it intends to submit and present its periodic
report to the African Commission as rapidly as possible, and take the necessary
measures to ensure the promotion and protection of human rights in the country. In
particular, the authorities took note of the shortcomings identified by the mission,
with a view to remedying them wherever possible.
213.Many legal texts already exist, and some of them are even very innovative. The
difficulty most often lies in implementing these texts. Implementation is hampered
by the lack of resources, but also by an absence of political will, as a result of social
prejudices or an unfavourable socio-political climate.
37
B-Recommendations
214.The mission wishes to make the following recommendations to the government of
the Republic of Congo:
Take the necessary measures to prepare and present its delayed periodic report
to the African Commission as soon as possible.
Deploy further efforts to provided information to the Congolese population
about African human rights instruments, in particular the African Charter on
Human and Peoples’ Rights. This will enable people to be aware of the rights
and obligations conferred upon them by these instruments. Such an exercise
could be undertaken by including teaching about the Charter and other such
instruments in school and university curricula.
Initiate or intensify as appropriate, the procedure for ratifying pending
instruments, in particular the African Charter on the Rights and Well-being of the
Child, the Protocol on the Establishment of an African Court on Human and
Peoples’ Rights, and the Protocol on the Rights of Women in Africa.
Intensify efforts to allocate the necessary resources so that the institutions and
structures in charge of promoting and protecting human rights can effectively
begin to function and be independent. This applies in particular to the National
Human Rights Commission, the Office of the Ombudsman, and the CSM.
Intensify the training work for staff of the judicial system and raise awareness in
the population as a whole on human rights issues, in order to create or entrench a
culture of human rights within the Congolese civil service and the general public.
Take the appropriate measures to accelerate and conclude the processing of
certain legal cases, in particular those relating to the so-called “Beach
disappearances”.
Intensify efforts aimed at vulnerable and minority groups in order to ensure their
full enjoyment of the rights recognised by human rights instruments, in particular
the African Charter.
Take the necessary measures to ensure adequate healthcare coverage throughout
the country.
ANNEXES
•
List of personalities with whom the delegation held meetings
38
1. H.E. Mr. Jean Martin Mbemba, Minister of Justice and Human Rights
2. H.E. Mr. Rodolphe Adada, Minister of Foreign Affairs, Cooperation, and
Francophonia
3. H.E Mr. Thystère Tchicaya, Speaker of the National Assembly
4. Mr. Ernest Apani, Director of Cabinet, Ministry of Primary and Secondary
Education, in charge of Literacy
5. H.E. Mr. Placide Lenga, First President of the Supreme Court
6. Ms. Jeanne Françoise Leckomba Loumeto Pombo
7. H.E. Mr. Hilaire Mounthault, Ombudsman
8. Mr. Alphonse Dinard Moubangat-Moukounzi, Director of Public Prosecutions of
Brazzaville
9. Mr. Bernard Mantele, Director of Cabinet, Ministry of Health and the Population
10. Mr. Lambert M. Nzebo, General Inspector of Social and Humanitarian Services of
the Ministry of Social Affairs, Solidarity, Humanitarian Action, Victims of war
mutilations, and the Family (MASSAHMGF)
11. Mr. Niama Florent, Principal Director for Social Action and the Family
(MASSAHMGF)
12. Mr. Tomby Jean Clotaire, Director General for the Disabled and Victims of War
mutilations (MASSAHMGF)
13. Mr. Ontsira Gabriel, Director for Information and the Promotion of International
Humanitarian Law (MASSAHMGF)
14. Ms. Maleka Christiane-Marie, Director of Specialised Social Services
(MASSAHMGF)
15. Ms. Micheline NGoulou, Director for Socio-professional insertion, (MASSAHMGF)
16. Mr. Biaka Bakang Georges, Director for Re-adaptation Policies, (MASSAHMGF)
17. Mr. Essieke Clément, Director in charge of Humanitarian Assistance,
(MASSAHMGF)
18. Ms. Georgette Infani-Sambéko, Director in charge of Coordinating Solidarity
Activities, (MASSAHMGF)
19. Mr. Elangoloki Jean, Director in charge of Victims of war mutilations,
(MASSAHMGF)
20. Ms. Pembe Benoîte, Departmental inspector in charge of Solidarity and
Humanitarian Action, (MASSAHMGF)
21. Ms. Honorine Massamba, Director in charge of the Family, (MASSAHMGF)
22. Mr. Jean Marie Tombet, Director in charge of Social Promotion, (MASSAHMGF)
23. Mr. André Bolanga, Director of Social Protection, (MASSAHMGF)
24. Mr. Antoine Mfoukou, Administrative & Financial Director, (MASSAHMGF)
25. Honourable Lekoundzou Itihi Ossetoumba Justin, Leader of the parliamentary
group of the Presidential Majority (Congolese Labour Party – PCT)
26. Honourable Emile Ouosso, MP, Member of the majority parliamentary group
27. Honourable Pierre Mabiala, MP, Member of the majority parliamentary group
28. Honourable Joseph Kignoumbi Kia Mboungou, MP, Leader of the parliamentary
group of the Popular Union political party (UPADES), and affiliates
29. H.E. Mr. André Milongo, Chairman of the Union for Democracy and the Republic
‘‘Mounyinda’’
30. H.E. Ms. Emilienne Raoul, Minister of Social Affairs, Solidarity, Humanitarian
Action, Victims of war mutilations, and the Family, (MASSAHMGF)
31. Ms. Céline Tchissambou Bayonne, Director of Cabinet of the MASSAHMGF
•
List of human rights NGOs with whom meetings were held during the
mission
39
1.
2.
3.
4.
5.
6.
ADDC
Association for the Defence of Human Rights in Prison Centres (ADHUC)
NGO INPACT
APTS/FECODHO
Congolese Human Rights Observatory (OCDH)
Association of Women Jurists of Congo (AFJC)
•
List of media and press bodies with whom meetings were held during the
mission
1. Radio Brazzaville
2. Radio Canal FM
3. Congo Site Internet
4. Tam-Tam d’Afrique
5. Télé Congo
6. Radio Liberté
7. Carrefour du Citoyen
8. Le Coq
9. La Semaine Africaine
10. Le Reporter Insolite
11. La Nouvelle République
12. Radio Congo
13. Africa No 1
14. Canal d’Afrique
15. Le Choc
16. La Dépêche de Brazzaville
17. Les Echos du Congo
40