Independent monitoring: The government regularly allowed the International Committee of the Red Cross (ICRC), the UN Stabilization Mission in the Democratic Republic of the Congo (MONUSCO) and NGOs access to official detention facilities maintained by the Ministry of the Interior, but consistently denied access to facilities run by the ANR and the Republican Guard (RG). The FARDC and the military intelligence service operate under the control of the Ministry of Defense and are primarily responsible for external security, but also fulfill an internal security role. The UN Development Program reported that more than 15,000 prisoners, 73 percent of the prison population, were in pretrial detention.
For example, the Ministry of Defense transferred 187 ex-servicemen included in the amnesty. For example, the FARDC conducted a house-to-house search for supporters of the Forces for the Democratic Liberation of Rwanda (FDLR) after an alleged attack on the Rumangabo FARDC camp in Rutshuru territory. RMG members, both male and female, raped men, women and minors as part of the violence between and between them and the FARDC.
She raised awareness about the issues of sexual violence across the country and encouraged efforts to remove child soldiers from the SSF.
Respect for Civil Liberties, Including
Private media outlets increasingly self-censored, fueled by fears of potential repression and the prospect of the government shutting them down, as it had previously done to a handful of major pro-opposition media outlets. Libel/Defamation Laws: State and provincial governments continued to use libel laws to intimidate and punish those who criticized the government. On 3 September, the government stated that it would not allow the screening of the film The Man Who Repairs Women, in part because it contained a mistranslation that misrepresented and defamed the armed forces.
The constitution provides for freedom of peaceful assembly, but the government has sometimes restricted this right. Civil organizations and NGOs must register with the government and may only receive funds through donations; they cannot generate any income, even if it is not profitable. Some groups, particularly within the LGBTI community, have reported that the government has denied their registration requests.
The government required travelers to submit to control procedures at airports and ports during domestic travel and when entering and leaving towns. The government was unable to adequately protect or assist IDPs, but generally allowed local and international humanitarian organizations to do so. The government worked with UNHCR and other international humanitarian organizations to close many IDP sites, encourage voluntary return where possible and pursue local integration in areas with sufficient land and relatively stable security.
Access to asylum: The law provides for the granting of asylum or refugee status, and the government has established a basic system to provide protection to refugees. The government worked with UNHCR and other humanitarian organizations to assist refugees and asylum seekers with social and security needs. Temporary Protection: The government has provided temporary protection to an unspecified number of individuals who may not qualify as refugees.
Freedom to Participate in the Political Process
Lasting solutions: Due to the application of the stop clauses of the 1951 Convention and the 1969 Organization of African Unity Convention, Angolans fleeing the Angolan civil war (which ended in 2002) ceased to be refugees in June 2012. UNHCR recommended invoking the cessation clause, which comes into force from 30 June for Rwandan refugees who fled Rwanda before 31 December 1998. In order to implement the June 2014 tripartite agreement, the National Commission for Refugees (CNR) and UNHCR started the process of biometric registration in April.
The FDLR blocked the process in North Kivu, where most of the refugees were located, and the UNHCR and CNR suspended the program in July. Losing candidates contested the election results for approximately 340 of the 500 parliamentary seats at the Supreme Court. Denis Engunda of the Christian Democratic Party won election to the National Assembly from Equateur Province in 2012, marking the decision of the last disputed result of the 2011 general election.
The government cut off Internet access, censored social media, and banned texting during and in the weeks following the protests (see Section 2.a.). While political parties were most of the time able to operate without restrictions or outside interference, government authorities—sometimes through violent surrogate groups—arbitrarily arrested, harassed members of the opposition, and prevented them from holding public meetings. Participation of women and minorities: Women held 10 percent of seats in the National Assembly (50 out of 500) and 6 percent in provincial assemblies (43 out of 690).
Among the 37 ministers and deputy ministers of the government, there were six women, which is more than in the government formed in 2012 (from 9 percent to 16 percent). Some groups, including indigenous people, claimed they were not represented in the Senate, National Assembly or provincial assemblies. The National Electoral Act prohibits certain groups of people from voting in elections, particularly members of the armed forces and the national police.
Corruption and Lack of Transparency in Government
They are not chosen, but are selected based on local tribal customs (usually based on family heritage) and are then approved and paid for by the government. The law provides for criminal penalties for corruption by officials, but the government has not effectively implemented the law, and officials are often involved in corrupt practices with impunity. Additional revenue losses were due to extortion and exploitation of minerals in the East by the SSF and RMGs.
In January 2014, the government launched a mechanism to standardize across the Great Lakes region the processes of supply chain management of cassiterite, wolframite, coltan and gold. The final report published by the UNGOE in November 2014 indicated that elements of the FARDC, local poachers and armed groups remain involved in the illegal exploitation of and trade in wildlife products, including ivory (see section 1.g.). In an effort to combat corruption, the government has sometimes suspended officials for misusing funds, including donor funds.
In the past, the government used an overlapping cash payment system that disbursed salaries to senior officials to pay subordinate officials, who in turn paid their staff. Limited resources and a weak legal system hampered the Financial Intelligence Unit's ability to enforce anti-money laundering regulations. Local institutions and personnel lacked the training and capacity to enforce the Act and its accompanying provisions.
The President appointed the former Minister of Justice (Luzolo Bambi) as his special envoy to fight corruption and money laundering. Financial disclosure: The law requires the president and ministers to disclose their assets to a cabinet committee. Public access to information: The law does not provide for public access to information held by the government.
Governmental Attitude Regarding International and
Discrimination, Societal Abuses, and Trafficking in Persons
Rape and Domestic Violence: The law on sexual violence criminalises rape, but it is underreported by victims to authorities and therefore not enforced. Legislation passed in 2006 prohibits sexual harassment with a minimum sentence of one year, but there has been little or no effective enforcement of the law. The law does not require a husband's consent before providing family planning services to married women, but providers usually did.
Discrimination: The constitution prohibits discrimination based on gender, but the law does not provide women with the same rights as men. Birth registration: The law provides for the acquisition of citizenship by birth within the country or by one parent who is of an ethnic group documented as having settled in the country in 1960. According to UNICEF, only 14 percent of children under the age of five had a birth certificate; the government had registered 25 percent of children born in some form of medical facility.
The law provides for prison terms for parents and other adults who are accused of children. Early and Forced Marriages: While the law prohibits the marriage of boys and girls under the age of 18, there have been many marriages of underage children. Sexual exploitation of children: The minimum age for consensual sex is 18 for men and women, and the law prohibits prostitution for anyone under 18.
There was an increase in sexual violence against children and infants in Kavumu, South Kivu Province. In the past two years, there have been at least 34 reported cases of sexual violence against babies, toddlers and young children. The law states that private, public and semi-public companies may not discriminate against qualified candidates based on intellectual, sensory and physical disabilities.
The law does not mandate access to government buildings or services for persons with disabilities. Although the law stipulates that indigenous people receive 10 percent of the profits from the use of their land, this provision was not enforced.
Worker Rights
In the public sector, the government sets wages by decree after prior consultations with the trade unions. By year's end, there was no effective government effort underway to limit child labor in mines. The government lacks specific budgetary resources to relevant ministries and the National Committee to Combat the Worst Forms of Child Labor and lacks the capacity to enforce child labor laws.
The Ministry of Labor is responsible for investigating child labor abuses, but did not have a specific child labor inspection service. On August 26, the National Labor Committee adopted a new action plan to combat the worst forms of child labor; his. Other government agencies responsible for combating child labor are the Ministry of Gender, Family and Children; Ministry of Justice; Ministry of Social Affairs; and the National Committee to Combat the Worst Forms of Child Labour.
By the end of the year, there was no effective systematic government effort to divert child labor away from artisanal mines. Child labor was most prevalent in the informal sector, including artisanal mining and subsistence farming. Children were also subject to exploitation in the worst forms of child labour, often in agriculture, illegal activities and domestic work.
See also the Department of Labor's findings on the worst forms of child labor at www.dol.gov/ilab/reports/child-labor/findings/. The government-established minimum wage of 1,680 Congolese francs ($1.83) per day has remained unchanged since 2009 despite continued devaluation of the currency and increases in the cost of living. In the public sector, the government sets wages annually by decree and allows unions to act only in an advisory capacity.
