Human Rights Report

Democratic Republic of the Congo 2023 Human
Rights Report
Executive Summary
There were no significant changes in the human rights situation in the

Democratic Republic of the Congo during the year.
Significant human rights issues included credible reports of: arbitrary or

unlawful killings, including extrajudicial killings; enforced disappearance;
torture or cruel, inhuman, or degrading treatment or punishment by the
government; involuntary or coercive medical or psychological practices;
harsh and life-threatening prison conditions; arbitrary arrest or detention;
serious problems with the independence of the judiciary; political prisoners
or detainees; arbitrary or unlawful interference with privacy; punishment of
family members for alleged offenses by a relative; serious abuses in conflict,
including reportedly unlawful or widespread civilian deaths or harm,
enforced disappearances or abductions, torture, physical abuses, and
conflict-related sexual violence or punishment; unlawful recruitment or use
of children in armed conflict by armed groups or the armed forces; serious
restrictions on freedom of expression and media freedom, including
violence or threats of violence against journalists, unjustified arrests or
prosecutions of journalists, censorship, and enforcement of or threat to
Country Reports on Human Rights Practices for 2023

United States Department of State • Bureau of Democracy, Human Rights, and Labor
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enforce criminal libel laws to limit expression; substantial interference with

the freedom of peaceful assembly and freedom of association, including
under the state of siege in the eastern part of the country; restrictions on
freedom of movement and residence within the territory of a state and on
the right to leave the country; serious government corruption; extensive
gender-based violence, including domestic and intimate partner violence,
sexual violence, workplace violence, child, early, and forced marriage, and
other forms of such violence; crimes involving violence or threats of violence
targeting members of ethnic groups or Indigenous peoples; crimes involving
violence or threats of violence targeting lesbian, gay, bisexual, transgender,
queer, or intersex persons; crimes involving violence or threats of violence
targeting persons with disabilities; and the existence of the worst forms of
child labor.
The government took some steps to identify, investigate, prosecute, and

punish officials who may have committed human rights abuses.
Armed nongovernmental forces continued to commit abuses in the eastern

provinces. Large-scale abuses by the Cooperative for the Development of
the Congo, ISIS-Democratic Republic of the Congo, also known as Allied
Democratic Forces, the March 23 Movement, and other groups persisted in
parts of North Kivu and Ituri Provinces. Abuses included unlawful killings,
disappearances, physical abuse and other mistreatment, destruction of
government and private property, and gender-based violence, widespread

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even in areas with no active hostilities, by members of armed groups.

Armed groups also reportedly unlawfully recruited, abducted, and retained
child soldiers and subjected children and adults to forced labor. The armed
rebel group March 23 Movement continued attacks against the country’s
security forces and as of September remained in control of large swaths of
territory in North Kivu Province. In December 2022, the United Nations
Group of Experts provided evidence the Rwandan Defense Force gave
material, operational, and logistical support to the March 23 Movement and
was itself conducting operations on Congolese territory.
Section 1. Respect for the Integrity of the Person
a. Arbitrary Deprivation of Life and Other Unlawful or

Politically Motivated Killings
There were numerous reports during the year that the government or its
agents committed arbitrary or unlawful killings, including extrajudicial
killings. The state security forces (SSF) were accused of, tried for, and
convicted of arbitrary or unlawful killings throughout the first half of the
year, mostly in conflict-affected provinces such as Maniema, South Kivu,
Ituri, Tanganyika, and North Kivu, and in operations against armed groups.
Although the military justice system convicted some members of the SSF
responsible for human rights abuses, impunity remained a serious problem.

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On August 30, in Goma, government security forces confronted a group of

adherents of the Natural Jewish Messianic Faith to the Nations gathering for
a banned protest against the presence of the UN Organization Stabilization
Mission in the Democratic Republic of the Congo (MONUSCO) and the East
African Community Regional Force. Security forces employed deadly and
disproportionate force, reportedly killing 56 demonstrators, injuring 75
more, and arresting a total of 158 persons, including the group’s leader,
Ephraim Bishimwa. At least one Congolese National Police (PNC) officer was
killed. As of September 7, a government investigation into the incident
continued, multiple members of the security forces were arrested or
suspended, and the military governor of North Kivu Province was relieved of
his post.
Marginalized racial and ethnic communities were both perpetrators and

victims of arbitrary and unlawful killings. Conflict with armed groups,
tensions concerning land rights, and migration exacerbated long-standing
divisions regarding ethnicity. There were reports that the SSF perpetrated,
threatened, and condoned violence against marginalized ethnic
communities.
Media reports of Rwanda’s support to the March 23 Movement (M23) rebel

group contributed to violence and discrimination against Rwandophones
and those with a perceived sympathy for Rwanda or M23. Rwandophone
populations (both Kinyarwanda and Kirundi speakers) were also accused of

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perpetrating violence against other ethnic communities.
Armed groups committed arbitrary and unlawful killings throughout the

year.
b. Disappearance
There were reports of disappearances during the year by or on behalf of

government authorities. Authorities often refused to acknowledge the
detention of suspects and sometimes detained suspects in unofficial
facilities, including on military bases and in detention facilities operated by
the National Intelligence Agency (ANR). The whereabouts of some civil
society activists and civilians arrested by the SSF remained unknown for long
periods. Despite the president’s promise to grant the United Nations access
to all detention facilities, some ANR prisons remained impossible for
independent observers to access.
Armed groups abducted numerous persons, generally for forced labor,

military service, or sexual slavery. Many of these victims disappeared.
c. Torture and Other Cruel, Inhuman, or Degrading

Treatment or Punishment, and Other Related Abuses
The law prohibited such practices, but there were credible reports that
government officials employed them.

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During the year, there were credible reports that the SSF subjected
individuals, including minority groups and journalists, to cruel, inhuman, and
degrading treatment or punishment. Security forces also abused children
who lived or worked on the streets.
Security forces subjected individuals, including members of minority groups

and journalists, to rape and sexual abuse.
Impunity among the SSF for mistreatment was a problem, although the
government made limited progress in holding security forces accountable
for human rights abuses. For example, on March 30, the High Military Court
of Kinshasa convicted four PNC officers on the charge of torture leading to
the death of detainee Olivier Mpunga in 2021. The four officers were
sentenced to life imprisonment.
Prison and Detention Center Conditions
Conditions in most prisons throughout the country were harsh and life
threatening due to food shortages, gross overcrowding, physical abuse, and
inadequate sanitary conditions and medical care. Harsher conditions
prevailed in small detention centers run by the ANR, Republican Guard, or
other security forces, which often detained prisoners for lengthy pretrial
periods.
Abusive Physical Conditions: Serious threats to life and health were

widespread and included gross overcrowding, prisoner-on-prisoner violence
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(particularly rape), food shortages, and inadequate potable water,

sanitation, ventilation, temperature control, lighting, and medical care.
Most prisons were understaffed, undersupplied, and poorly maintained,
leading to poor control of the prison population.
Central prison facilities were severely overcrowded, with an estimated

occupancy rate of 200 percent of capacity; some prisons operated with an
estimated occupancy rate more than 500 percent.
Local media reported the Ministry of Justice, which oversaw prisons, often
had insufficient funds to pay for food or medical care for inmates, who
instead relied on relatives, nongovernmental organizations (NGOs), and
church groups to provide them sustenance. Because funds often did not
reach prisons in the provinces in a timely manner, there were gaps in food
distribution.
Generally medical doctors at the prisons did not receive their salaries,
leading them to work elsewhere to make money. Prisons rarely had budgets
for in-house pharmacies, and while prisoners sometimes obtained
medication such as pain relievers, prescription medication was generally
unavailable, meaning prisoners had to rely on their families. Sick prisoners
were sometimes held in small isolation cells for long periods without an
opportunity for movement, exercise, or use of showers or sanitary facilities.
Violence was a problem in certain prisons. According to human rights

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observers, prisoners themselves were sometimes given the responsibility to

maintain order and mistreated others.
Administration: Authorities rarely conducted investigations into credible

allegations of mistreatment.
Independent Monitoring: The government regularly allowed the

International Committee of the Red Cross, MONUSCO, and NGOs access to
official detention facilities maintained by the Ministry of Justice, but it
sometimes denied access to facilities run by the Republican Guard, the ANR,
and military intelligence services.
Improvements: On April 8, the minister of justice opened the newly

renovated seventh ward at Makala Central Prison, designed to house and
care for approximately 700 sick inmates and to decongest other areas of the
facility. Renovations to the ward included updating hygiene facilities and
providing additional mattresses.
d. Arbitrary Arrest or Detention
The law prohibited arbitrary arrest or detention and provided for the right of
any person to challenge the lawfulness of their arrest or detention in court.
The government generally did not observe these requirements.
Arrest Procedures and Treatment of Detainees
By law, arrests for offenses punishable if convicted by more than six months’
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imprisonment required warrants. Detainees had to appear before a

magistrate within 48 hours. The law required authorities to inform those
arrested of their rights and the reasons for their arrest, and they could not
arrest a family member in lieu of the suspected individual. Authorities had
to allow arrested individuals to contact their families and consult with
attorneys. Security officials, however, routinely violated all these
requirements.
While the law provided for a bail system, it generally did not function.
Detainees who were unable to pay for a lawyer were rarely able to access
legal counsel. Authorities often held suspects incommunicado, including in
unofficial detention centers run by the ANR, military intelligence, and the
Republican Guard, and refused to acknowledge these detentions.
Arbitrary Arrest: Security personnel arrested and detained civil society

activists, journalists, and opposition party members and sometimes denied
them due process. Security forces regularly held protesters and civil society
activists incommunicado and without charge for extended periods. Police
sometimes arbitrarily arrested and detained persons without filing charges
to extort money from family members. Persons without national
identification cards were sometimes arbitrarily arrested by the SSF.
For example, the UN Joint Human Rights Office (UNJHRO) reported that
from December 16, 2022, to January 5, PNC officers in Maniema Province
arbitrarily arrested three human rights defenders, including one Indigenous
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rights activist, for protesting mistreatment and human rights abuses against
ethnic Twa community members. The UNJHRO reported the chief
prosecutor at Kasongo Prison eventually released the activists due to a lack
of evidence for any charges.
Pretrial Detention: Prolonged pretrial detention, ranging from months to

years, was a problem. Those who were supposed to go before a magistrate
were often detained locally in a clandestine holding facility and kept there
for many months, leaving their families to presume they were dead. Judicial
inefficiency, administrative obstacles, corruption, and staff shortages also
caused trial delays. In many cases, the length of pretrial detention equaled
or exceeded the maximum sentence for the alleged crime.
e. Denial of Fair Public Trial
The law provided for an independent judiciary, but the government

generally did not respect judicial independence and impartiality.
Government officials and other influential individuals often subjected
judges, prosecutors, or defense attorneys to coercion.
Authorities routinely did not respect court orders. Disciplinary boards

created under the High Council of Magistrates continued to rule on cases of
corruption and malpractice. Rulings included the firing, suspension, or fining
of judges and magistrates.
Military magistrates were responsible for the investigation and prosecution

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of all crimes allegedly committed by SSF members, whether committed in

the line of duty or not. Civilians could be tried in military tribunals if charged
with offenses involving firearms. The military justice system often
succumbed to political and command interference, and security
arrangements for magistrates in conflict areas were inadequate.
Trial Procedures
The constitution provided for the right to a fair and public trial, but the
judiciary generally did not enforce this right. Authorities were required to
inform defendants promptly and in detail of the charges against them, with
free interpretation as necessary, but this did not always occur. Defendants
had the right to a trial within 15 days of being charged, but judges could
extend this period to a maximum of 45 days. Authorities only occasionally
abided by this requirement. The government did not regularly provide free
legal counsel to indigent defendants in capital cases, although lawyers often
represented indigent defendants free of charge with the financial support of
foreign governments and organizations. Lawyers often did not have
adequate access to their clients. Defendants had the right to be present and
to have a defense attorney represent them; authorities occasionally
disregarded these rights. Authorities generally allowed adequate time to
prepare a defense, although there were few resources available.
Defendants had the right to confront witnesses against them and to present
evidence and witnesses in their own defense, but witnesses often were

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reluctant to testify due to fear of retaliation. Defendants had the right to

appeal, except in cases involving national security, armed robbery, and
smuggling, which the Court of State Security usually adjudicated.
Political Prisoners and Detainees
There were reports of political prisoners or detainees during the year,

consisting primarily of individuals arrested under defamation laws for
criticizing the actions of government officials or during protests or
demonstrations.
Officials, particularly in the two provinces under the state of siege,

commonly used the charges of contempt, defamation, spreading false
rumors, and public insult against persons critical of the government. As of
September, a trial was underway in the case against Jean-Marc Kabund, the
former head of the president’s political party, Union for Democracy and
Social Progress, on charges of contempt of the head of state, defamation,
and spreading false rumors for statements he made during a July 2022 press
conference in which he called President Tshisekedi “irresponsible” and “a
public danger” and accused government officials of lying, manipulation,
embezzlement of public funds, and corruption. As of September, Kabund
remained at Makala Central Prison, despite an August 2022 Court of
Cassation ruling that he be remanded to house arrest.
Political prisoners generally faced similar prison conditions as the rest of the

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general population. While the government permitted international human

rights and humanitarian organizations and MONUSCO access to some
prisoners, authorities denied access to detention facilities run by the
Republican Guard, military intelligence, and the ANR.
f. Transnational Repression
Not applicable.
g. Property Seizure and Restitution
There were credible reports that the government evicted persons from their
places of residence or seized their property without due process or
adequate restitution. In August, Radio France International (RFI) reported
police had evicted some families from their homes to allow for expansion of
cobalt mining exploitation in the city of Kolwezi (Lualaba Province). RFI
reported several houses were destroyed and inhabitants had not been
notified or compensated.
h. Arbitrary or Unlawful Interference with Privacy, Family,

Home, or Correspondence
The law prohibited such actions, but there were reports that the
government failed to respect these prohibitions. Without appropriate legal
authority, the SSF harassed and robbed civilians, entered and searched

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homes and vehicles without warrants, and looted homes, businesses, and
schools. There were some reports the government monitored private online
communications without appropriate legal authority. Family members were
often punished for offenses allegedly committed by their relatives.
i. Conflict-related Abuses
There were credible reports that armed groups and the SSF perpetrated
serious human rights abuses. In the first half of the year, the UNJHRO
documented a total of 2,564 human rights abuses across the country, with
the majority occurring in conflict-affected provinces, particularly North Kivu
and Ituri, but also South Kivu, Mai-Ndombe, Tanganyika, and Maniema.
Conflict-affected provinces accounted for more than 80 percent of all abuses
throughout the country. Local NGOs reported the SSF committed abuses
under the cover of the state of siege in North Kivu and Ituri Provinces.
The SSF continued fighting armed groups in the east of the country, and
conflict among armed groups resulted in significant population displacement
and human rights abuses, especially in Ituri and North Kivu Provinces. A UN
Group of Experts report released in June noted that M23’s territorial
expansions and operations led to the displacement of more than one million
civilians in North Kivu Province between October 2022 and April. The Group
of Experts also revealed evidence of sustained, direct intervention by the
Rwanda Defense Force on Democratic Republic of Congo (DRC) territory to

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reinforce and train M23 combatants and to plan and conduct military
operations against the armed group Democratic Forces for the Liberation of
Rwanda (FDLR).
There were credible reports that elements within the Armed Forces of the
Democratic Republic of the Congo (FARDC) collaborated with some armed
groups. A UN Group of Experts report from June noted that some senior
FARDC officers collaborated with the FDLR and a local network of armed
groups called the Congolese Patriotic Resistance Network, providing these
groups logistical and material support. In December 2022, a judge in the
High Military Court of Bunia (Ituri Province) sentenced four FARDC officials,
including a lieutenant colonel, to death for misappropriation of wartime
munitions intended for military operations. The officials had appealed their
original conviction in May 2022 on charges of providing ammunition to the
Cooperative for the Development of the Congo (CODECO).
The government took steps to neutralize armed groups and fight impunity.
Operational cooperation between MONUSCO and the government
continued in the east. The MONUSCO Force Intervention Brigade supported
FARDC troops in North Kivu and southern Ituri Provinces. MONUSCO forces
deployed and conducted patrols to protect internally displaced persons
(IDPs) from armed group attacks in North Kivu, South Kivu, and Ituri
Provinces. In North Kivu, the FARDC continued joint operations with
Ugandan military forces, the Uganda Peoples’ Defense Force, under

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Operation Shujaa. Among the 15 major armed groups in the country,

various Mai Mai factions, ISIS-Democratic Republic of the Congo (ISIS-DRC,
locally known as the Allied Democratic Forces), CODECO, and M23
perpetrated the most abuses, according to a UNJHRO report covering the
first half of the year. Rising tensions since 2021 between the armed groups
CODECO and Zaire contributed to numerous crimes against civilians and
displacement in Ituri Province, particularly in Djugu Territory but extending
into Mahagi and Irumu Territories. In South Kivu Province, there continued
to be reports of cycles of retaliatory clashes between armed groups and
attacks against civilians in the Hauts-Plateaux of Mwenga, Uvira, and Fizi
Territories. Armed groups committed approximately 71 percent of
documented cases in conflict-affected provinces in the first half of the year,
according to the UNJHRO. Combatants abducted victims for ransom, for
forced labor, and in retaliation for suspected collaboration. The UNJHRO
reported armed groups used extrajudicial killings as a tactic to force
populations to abandon their property, crops, or areas vital for agriculture
and mining.
Killings: The UNJHRO reported at least 1,480 civilians were victims of

summary or extrajudicial killings in the first six months of the year, the vast
majority occurring in conflict-affected provinces and of which 154 were
children. The armed groups ISIS-DRC, CODECO, M23, and Mai Mai
committed most of these killings and mutilations, while FARDC soldiers and
PNC agents contributed to the abuses.
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As of September, a criminal investigation was underway in Tanzania in the

case of Tanzanian MONUSCO officials who opened fire on civilians at a
border crossing with Uganda near Kasindi, North Kivu Province, killing two
persons and injuring 15 others in July 2022. The suspected perpetrators
were arrested and removed from their positions with MONUSCO and
findings from an internal investigation were sent to UN headquarters.
Abductions: UN agencies and NGOs reported armed groups abducted

noncombatants to perform forced labor or guide them, or to ransom them.
Armed groups also utilized abductions as reprisal for a victim’s alleged
collaboration with security and defense forces or rival groups, or because of
their refusal to pay illegal taxes or to participate in so-called community
work. The UNJHRO reported that from January through June, a total of 412
children were abducted from the provinces of North Kivu, Ituri, and South
Kivu. The armed groups ISIS-DRC, M23, CODECO, and Raia Mutomboki were
responsible for most abductions.
Physical Abuse, Punishment, and Torture: Gender-based violence was

often used as a tactic of war, and armed groups, the FARDC, the PNC, and
the ANR perpetrated widespread sexual violence. From January through
June, the UNJHRO documented 187 cases of conflict-related sexual violence
affecting adult women. Approximately 17 percent of these violent crimes
were attributable to state agents, notably FARDC soldiers and PNC agents.
The UNJHRO documented that at least 134 children were victims of various

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types of sexual violence in the first half of the year, with at least 13 percent
of these assaults attributable to state agents, primarily the FARDC, PNC, and
ANR. Most of the sexual violence attributable to state agents was
committed in North Kivu, South Kivu, and Ituri Provinces.
According to the Conduct in UN Field Missions online portal, there were

three allegations of sexual abuse or exploitation committed by MONUSCO
personnel during the year. As of September, the United Nations and the
government were conducting 27 investigations into allegations of sexual
exploitation and abuse perpetrated by non-Congolese MONUSCO forces
deployed to the country. In October, MONUSCO announced the arrest of
eight South African peacekeepers and suspended one officer for “systematic
and widespread violation” of UN rules against sexual exploitation and abuse.
Child Soldiers: The Secretary of State determined that elements of the

Democratic Republic of the Congo armed forces provided support to armed
groups that recruited or used child soldiers during the reporting period of
April 2022 to March 2023. See the Department of State’s annual Trafficking
in Persons Report at www.state.gov/trafficking-in-persons-report/.
Other Conflict-related Abuse: Credible reports indicated that armed groups

deliberately targeted health-care facilities and medical personnel and
intentionally deprived civilian populations of food, water, and humanitarian
aid. Fighting between the FARDC and armed groups as well as among armed
groups displaced populations and limited humanitarian access, particularly
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in Ituri, North Kivu, South Kivu, Mai-Ndombe, Maniema, and Tanganyika

Provinces. The government took steps to assist displaced persons, including
by coordinating with nongovernmental humanitarian organizations, UN
agencies, and MONUSCO on IDP protection and humanitarian assistance.
In North Kivu, South Kivu, Ituri, Kasai-Oriental, and Haut-Katanga Provinces,

armed groups and elements of the FARDC continued to illegally tax, exploit,
and trade natural resources for revenue and power. Clandestine trade in
minerals and other natural resources facilitated the purchase of weapons
and reduced government revenues. Gold, cassiterite (tin ore), coltan
(tantalum ore), and wolframite (tungsten ore) were the most exploited
minerals, but wildlife products, timber, charcoal, and fish were also sought
after.
The illegal trade in minerals financed armed groups and individual elements
of the SSF. Both elements of the SSF and certain armed groups continued to
control, extort, and threaten remote mining areas in North Kivu, South Kivu,
Ituri, Maniema, and Haut Katanga Provinces and the Kasai region.
Section 2. Respect for Civil Liberties
a. Freedom of Expression, Including for Members of the

Press and Other Media
The law provided for freedom of expression, including for members of the

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press and other media, but the government did not always respect this
right. Public criticism of government officials and corruption sometimes
resulted in intimidation, threats, or arrests. Provincial governments also
prevented journalists from filming or covering certain protests.
The UNJHRO reported that journalists and human rights defenders were
regularly targeted by arbitrary arrests. Government officials, particularly in
the state of siege provinces North Kivu and Ituri, used charges of contempt,
defamation, spreading false rumors, and public insult to silence persons
critical of the administration, including journalists and human rights
defenders. In the first six months of the year, the UNJHRO documented 26
abuses of the right to freedom of opinion and expression. The PNC and
FARDC were the main perpetrators of these abuses.
Freedom of Expression: The law prohibited insulting the head of state, the
army, or government institutions and authorities, malicious and public
slander, hate speech or speech to incite violence, and language presumed to
threaten national security. Authorities sometimes intimidated, harassed,
and detained activists and politicians when they publicly criticized the
government, president, or the SSF. For example, on February 10, ANR
agents arrested comedian Junior Nkole for allegedly inciting tribalism and
insulting President Tshisekedi in a video published to Facebook a year prior.
In the video, Nkole (himself ethnically Luba) impersonated a Luba job
recruiter who would only hire Luba applicants to job positions. Nkole did

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not specifically mention President Tshisekedi in his video but was held
without charges for a month at an ANR facility in Kinshasa before being
released on March 9.
Violence and Harassment: Journalists were frequently subjected to

violence, harassment, and intimidation, both online and offline, by the SSF
due to their reporting. Impunity for such abuses, due to corruption,
remained a problem. For example, in June a video posted to social media
showed a military intelligence officer beating and arresting several
journalists covering a land dispute in Kinshasa. The journalists, including Jeff
Ngoy (Radio Okapi), Malou Mbela (RTNC), and Giresse Nkelani (RTNC), were
held in detention for several hours at military intelligence headquarters and
later released without charges. Sylvain Kenge, a spokesperson for the
FARDC, later claimed that the journalists attacked the soldiers, precipitating
their arrest. As of November, no charges were filed against the officers and
no disciplinary action was taken.
Censorship or Content Restrictions for Members of the Press and Other

Media, Including Online Media: On March 13, parliament ratified the law
Establishing the Modalities for the Exercise of Press Freedom, Information,
and Broadcasting by Radio and Television, Written Press, and Other Means
of Communication. The law placed new restrictions on the definition of a
journalist and implemented new requirements to obtaining a professional
identification card from the National Union of the Congolese Press, including

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a degree in journalism or communication, or a minimum qualifying

experience. The law also introduced a time limit on the authorization for
operating a broadcast media outlet to two years and classified online media
outlets, cable television operators, and personal mobile television as media
companies. The law introduced a “right of reply” as sufficient compensation
for defamation charges but also continued to allow for sentences of
between eight days and one year in prison for defamation convictions.
On March 13, parliament also ratified the Digital Code. The law created the
National Digital Council and the Authority for the Protection of Personal
Data as regulatory bodies for the digital sector. The law also introduced a
prison sentence of up to six months for disseminating or sharing false
information on social media or electronic communications networks.
The law mandated the High Council for Audiovisual and Communications to
provide for freedom of the press and equal access to communications media
and information for political parties, associations, and citizens. While the
High Council for Audiovisual and Communications was the only institution
with legal authority to restrict broadcasts, the government, including the SSF
and provincial officials, also de facto exercised this power.
Many journalists exercised self-censorship due to concerns of harassment,

intimidation, or arrest. Media representatives reported they were
pressured by provincial authorities not to cover certain events, including
those organized by the opposition or local activists. Journalists reported
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increased self-censorship following the arrest of Jeune Afrique

correspondent Stanis Bujakera in October on six separate charges, including
dissemination of false information and falsifying state seals, in relation to an
unsigned August Jeune Afrique article that showed a purportedly official
document and claimed that military intelligence might have played a role in
the July 13 assassination of former Transport Minister Cherubin Okende.
Bujakera was the first journalist to be tried under the new Digital Code,
which prohibited the intentional or unjustified dissemination of false
information. As of November, the trial in the case continued.
Libel/Slander Laws: Under the law, defamation, public insult, and contempt
were criminal offenses subject to prison time and fines if convicted. The law
did not consider the veracity of reported facts in the case of a defamation
complaint. Instead, the judge was to consider only the damage to the
accused from revelations in a journalist’s work. The national and provincial
governments used defamation laws to intimidate and punish critics, restrict
public discussion, and retaliate against journalists and political opponents.
National Security: Authorities at times cited laws that prohibited anyone

from making general defamatory accusations against the military to restrict
free speech under the pretext of national security. Authorities engaged in
rhetoric that had the effect of limiting freedom of expression by members of
the press.
Nongovernmental Impact: Armed groups and their political wings regularly

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restricted and sought to restrict freedom of expression, including for

members of the press, in the areas where they operated.
Actions to Expand Freedom of Expression, Including for Members of the

Press and Other Media: The international NGO Reporters Without Borders
noted in May that the law on Establishing the Modalities for Press Freedom,
“contains clearly positive elements but also suffers from significant flaws,”
including the fact that defamation and insult remained punishable by
imprisonment. The law was the result of consultations among the
government, civil society, and journalists during the 2022 General
Conference on Media.
Internet Freedom
The government did not restrict or disrupt access to the internet or censor
online content.
b. Freedoms of Peaceful Assembly and Association
The government restricted the freedoms of peaceful assembly and

association.
Freedom of Peaceful Assembly
The constitution provided for freedom of peaceful assembly, but

government authorities restricted this right and prevented those critical of

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the government from exercising their right to peaceful assembly, especially

in the eastern provinces. The state of siege since May 2021 in Ituri and
North Kivu Provinces resulted in further restrictions on peaceful assembly.
The law required organizers of public events to notify local authorities in
advance of the event. The government sometimes used this advance
notification requirement to decline to authorize public meetings or protests
organized by opposition parties or civil society groups critical of the
government.
The SSF at times responded to peaceful protests with deadly force. From
January to June, the UNJHRO documented 14 abuses of the freedom of
demonstration and peaceful assembly. For example, on May 20, the
UNJHRO documented the arbitrary arrest and detention of approximately 20
demonstrators from opposition political parties and citizens’ movements,
including the brief arrest of a provincial deputy, during a march organized by
opposition party leaders to denounce high costs of living, continued
insecurity in the eastern part of the country, and alleged irregularities in the
voter registration process for the presidential elections on December 20.
During the same march, the UNJRHO documented four cases of
mistreatment by PNC officers, including one boy who was beaten with a
baton. Three PNC officers were arrested in connection with the violence,
including acts of violence against children. As of September, the three
officers were in detention and their trial remained pending at military court.

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Freedom of Association
The constitution provided for freedom of association, and the government

generally respected this right. Civil society organizations and NGOs were
required to register with the government and could receive funds only
through donations; they could not generate any revenue. The registration
process was burdensome and slow. Some groups, particularly within the
lesbian, gay, bisexual, transgender, queer, or intersex (LGBTQI+) community,
reported the government denied their registration requests. Many NGOs
reported that, even when carefully following the registration process, it
often took years to receive certification. Many interpreted registration
difficulties as intentional government obstacles to impede NGO activity.
c. Freedom of Religion
See the Department of State’s International Religious Freedom Report at

https://www.state.gov/religiousfreedomreport/.
d. Freedom of Movement and the Right to Leave the

Country
The law provided for freedom of internal movement, foreign travel,

emigration, and repatriation, but the government sometimes restricted
these rights.

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In-country Movement: The SSF sometimes required travelers to present

travel orders from an employer or government official, although the law did
not require such documentation. The SSF often detained and sometimes
exacted bribes from individuals traveling without orders.
For example, in May PNC officers physically blocked political party president
Moise Katumbi from entering Kongo Central Province on foot for planned
events with his political party, Together for the Republic. The provincial
governor alleged that the decision to prevent Katumbi from entering the
province was taken for security reasons given Katumbi’s refusal to postpone
a scheduled march in the province. In June, General Directorate of
Migration officials at Kinshasa’s N’Djili Airport prevented presidential
candidate Matata Ponyo from boarding a flight bound for the city of Bunia
(Ituri Province). Media outlets reported that directorate officials prevented
Ponyo from boarding his flight because he had arrived late at the airport and
refused to follow the preboarding formalities.
Armed groups engaged in analogous activity in areas under their control,

routinely extorting civilians at checkpoints and holding them for ransom.
Foreign Travel: Due to inadequate administrative systems, passport

issuance was irregular and at times prevented citizens from leaving the
country. Sitting and former senior government officials were required to
seek authorization from the ANR for foreign travel. In some instances, the
ANR either did not respond in a timely fashion or initially denied requests
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for authorization, including of political figures viewed as critical of the

government.
e. Protection of Refugees
The government generally cooperated with the Office of the UN High

Commissioner for Refugees (UNHCR) and other humanitarian organizations
in providing protection and assistance to refugees, returning refugees, and
asylum seekers, as well as other persons of concern.
Access to Asylum: The law provided for the granting of asylum or refugee
status, and the government had a rudimentary system for providing
protection to refugees. The law, which allowed for flexibility, provided most
fundamental rights to refugees and citizens on an equal basis. UNHCR
worked with the government to bring its refugee status determination
system up to international standards and increase its efficiency and
effectiveness, although delays in adjudication of cases continued. Because
the Appeals Commission had not been convened in years, rejected asylum
seekers remained in limbo. UNHCR was assisting the government in scaling
up its ability to undertake biometric registration of refugees and issue
refugee identification cards.
The government assisted in the safe, voluntary return of former Congolese

refugees, and facilitating immigration processing. In establishing security
mechanisms, government authorities did not treat refugees differently from

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citizens.
Abuse of Refugees and Asylum Seekers: Continuing conflict in the

provinces of North and South Kivu, Ituri, Bas Uele, and Tanganyika subjected
refugees and IDPs to attacks, often resulting in deaths and further
displacement. UNHCR reported Rwandan refugees in the Masisi Territory,
North Kivu, were subject to cyclical displacement as a result of FARDC and
armed group operations and were forced to relocate to South Kivu Province.
As a result of conflict, refugees reported a range of human rights abuses and
instances of forced displacement, according to UNHCR. Because of a
perception that Rwandan refugees were aligned with or supported the
FDLR, an armed group whose original founders included some perpetrators
of the 1994 Rwandan genocide, they were discriminated against and
harassed, and subject to arbitrary detention during military operations to a
greater extent than the general population. UNHCR also reported elements
of the Imbonerakure, the Burundian ruling party youth group, harassed
Burundian refugees in the country.
Gender-based violence continued to be a problem for refugees and asylum

seekers. Incursions by South Sudanese forces into Aru Territory and Ituri
Province continued during the year. The incursions affected security for
South Sudanese asylum seekers and refugees as well as local populations.
Durable Solutions: UNHCR worked with the government to facilitate the

voluntary repatriation of some Rwandan refugees. UNHCR reported
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208,075 Rwandan refugees of the 209,304 residing in the country were

registered by the government as of July 31. On June 26 and 27, UNHCR
facilitated a tripartite meeting in Nairobi between the governments of the
Democratic Republic of the Congo and Rwanda to discuss voluntary
repatriation for refugees from both countries.
UNHCR worked with the government to voluntarily repatriate 5,056 persons

between January and July 31, including 987 Rwandan refugees, 2,477
Burundian refugees, and 1,591 refugees from the Central African Republic.
Temporary Protection: The government provided temporary protection to

an undetermined number of individuals who might not qualify as refugees.
f. Status and Treatment of Internally Displaced Persons

(IDPs)
UNHCR, the International Organization for Migration, and the government

estimated there were 6.24 million IDPs in the country, more than half of
whom were children who had been displaced for longer than 12 months.
The government was unable to consistently protect or assist IDPs
adequately but generally allowed domestic and international humanitarian
organizations to assist. The government was unable to consistently promote
IDPs’ safe, voluntary, and dignified return to their homes, or local
integration in areas of displacement. Humanitarian access was difficult in
some locations, due to weak civilian authority, insecurity, and poor
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infrastructure. In most locations IDPs lived in poor conditions without

adequate shelter or protection. Intercommunal violence and fighting
between groups in the east resulted in continued population displacement
and increased humanitarian needs for IDPs and host communities. Armed
groups also attacked individuals and organizations providing humanitarian
assistance.
Combatants and other civilians abused IDPs. Abuses included killings, rape
and sexual exploitation of women and children, abduction, forced
conscription, looting, illegal taxation, and general harassment. Women and
girls were particularly vulnerable to sexual violence, including gang rape.
Humanitarian organizations reported increased rates of sexual exploitation
and abuse among women and girls displaced by the conflict in North Kivu
Province and noted that at least 124 brothels in Goma and around IDP sites
were exploiting underage girls. In June the United Nations announced a
humanitarian systemwide scale-up to address the protection crisis in
eastern DRC that was extended until the end of the year. As of September,
however, humanitarian organizations continued reporting high numbers of
sexual violence and abuse cases among IDP populations, whose numbers
surged as a result of M23’s actions and far exceeded the capacity of secured
camps.
For further information about IDPs in the country, please see the materials
of the Internal Displacement Monitoring Center: https://www.internal-

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displacement.org.
g. Stateless Persons
The country contributed to statelessness, including through nationality laws

and their administration. The country had a population of de facto stateless
residents and persons at risk of statelessness, including persons of South
Sudanese origin living in the northeast, persons of Rwandan origin living in
the east, Mbororo pastoralists in the far north, long-term migrants, forcibly
returned migrants from Angola, former Angolan refugees, mixed-race
persons who were denied naturalization, and citizens without civil
documentation. There were no national statistics on stateless persons
because such data were linked with the general population census process,
which was last completed in 1984.
The law did not discriminate in granting citizenship on the grounds of

gender, religion, or disability; however, the naturalization process was
cumbersome and required parliamentary approval of individual citizenship
applications. Individuals lacking proof of citizenship were often denied
identity documents, political rights, and employment. There were reports
that persons lacking proof of citizenship were also targets of violence and
harassment. Persons whose names were not spelled according to local
custom were often denied citizenship, as were individuals with lighter-
colored skin.

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Administrative practices for acquiring nationality through marriage,

adoption, or naturalization were politicized and put more persons at risk of
statelessness.
Section 3. Freedom to Participate in the Political

Process
The constitution provided citizens the ability to choose their government in

free and fair periodic elections held by secret ballot and based on universal
and equal suffrage.
Elections and Political Participation
Abuses or Irregularities in Recent Elections: National elections were widely

reported to be fair but not free of abuses and irregularities. As of December
31, provisional results of the December 20 presidential election were
released by the National Independent Electoral Commission showing
President Felix Tshisekedi leading by a large majority. Authorities
investigated concerns regarding failure to adhere to procedures in the
electoral code and allegations of fraud and violence.
Political Parties and Political Participation: The law recognized opposition

parties and rights and obligations were enshrined in the law. Government
authorities and the SSF, however, prevented opposition parties from holding
public meetings, assemblies, and peaceful protests. The government and
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the SSF also limited opposition leaders’ freedom of movement. The SSF
used force to prevent or disrupt opposition-organized events.
State-run media, including television and radio stations, remained the

largest sources of information for the public and government. There were
reports of government intimidation of political opponents, such as
exercising political influence in the distribution of media content.
In several districts, known as chefferies, traditional chiefs performed the role

of a local government administrator. They were unelected and instead were
selected based on local tribal customs (generally based on family lineage)
and if approved, were paid by the government.
Participation of Women and Members of Marginalized or Vulnerable

Groups: Some ethnic groups in the eastern part of the country claimed
discrimination in participating in politics. A 2022 amendment to the
electoral law aimed at increasing woman candidate participation by waiving
candidate registration fees for political parties whose lists achieved gender
parity. According to officials of the Independent National Elections
Commission, however, no political parties submitted candidate lists with 50
percent women for the 2023 elections. Women faced obstacles to full
participation in politics and leadership positions generally. Women in
leadership positions were often given portfolios focused on so-called
women’s topics, such as those related to gender-based violence, cultural
norms, and discrimination against women. Women generally had less
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access to financial resources needed to participate in politics. Furthermore,

insecurity, particularly in the eastern provinces, presented a major obstacle
for women who wished to run for office and campaign, because the risk of
rape and other sexual violence forced them to limit activities and public
exposure. MONUSCO officials noted that harassment and derision of
women candidates, even within their own parties, and failure to prevent or
condemn violence against women candidates, was widespread.
Some groups, including Indigenous persons and LGBTQI+ persons, claimed

they had no representation in the Senate, National Assembly, or provincial
assemblies. Discrimination against Indigenous groups continued in some
areas, such as Equateur, Kasai-Oriental, and Haut-Katanga Provinces, and
such discrimination contributed to the lack of Indigenous group political
participation. The local NGO Congo Handicap reported that persons with
disabilities frequently faced societal barriers to participating in politics.
Section 4. Corruption in Government
The law provided criminal penalties for corruption by officials, but the
government did not implement the law effectively. There were numerous
reports of government corruption during the year, and officials frequently
engaged in corrupt practices with impunity.
Corruption: Corruption by officials at all levels as well as within state-owned

enterprises continued to deprive state coffers of hundreds of millions of

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dollars per year. The Supreme Audit Court was charged with investigating
and prosecuting public financial mismanagement.
The General Inspectorate of Finances accused several government officials

of embezzlement throughout the year. In an April press release, the general
inspectorate reported phantom civil servant payments amounted to $60
million per month. Lack of enforcement of court decisions in corruption
cases contributed to impunity, as rulings were often overturned in appellate
proceedings or dismissed due to procedural errors.
Artisanal mining remained predominantly informal, illicit, and many types of

artisanal mining were strongly linked to both armed groups and certain
elements of the FARDC. Government officials were often complicit in the
smuggling of artisanal mining products, particularly gold, into Uganda and
Rwanda. The law prohibited the FARDC from engaging in mineral trade, but
the government did not effectively enforce the law. Criminal involvement
by some FARDC units and armed groups included protection rackets,
extortion, and theft. The illegal trade in minerals financed armed groups
and individual elements of the SSF and sometimes generated revenue for
traditional authorities and local and provincial governments. Individual
FARDC commanders also sometimes appointed civilians to manage their
interests at mining sites covertly. A June report by the UN Group of Experts
reported an increase in activity by a criminal network of Burundian and local
civilians, economic actors, intermediaries, and Burundian uniformed

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personnel engaged in gold smuggling across the border between the country
and Burundi.
In conflict areas, armed groups and elements of the SSF regularly set up
roadblocks and ran illegal taxation schemes.
As in previous years, a significant portion of the country’s enacted budget

included off-budget and special account allocations that were not fully
published. These accounts shielded receipts and disbursements from public
scrutiny. Eight parastatal organizations held special accounts and used them
to circumvent the government’s tax collection authorities. “Special
accounts” were, in theory, subject to the same auditing procedures and
oversight as other expenditures; however, due in large part to resource
constraints, the Supreme Audit Authority did not always publish its internal
audits, or in many cases published them significantly late. Under the
Extractive Industries Transparency Initiative (EITI) standard of 2016, the
government was required to disclose the allocation of revenues and
expenditures from extractive companies. On October 12, the EITI board
gave the country a higher overall score in implementing the 2019 EITI
standard (85.5 points), largely due to the country’s efforts to publish
extractives sector contracts.
The Agency for the Prevention and Fight against Corruption, a special service
under the Office of the President, was responsible for coordinating all
government entities charged with fighting corruption and money
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laundering, conducting investigations with the full authority of judicial

police, and overseeing transfer of public corruption cases to appropriate
judicial authorities. The Platform for the Protection for Whistleblowers in
Africa asserted in 2021 that the agency’s record was mixed, without visible
results.
For additional information about corruption in the country, please see the
Department of State’s Investment Climate Statement for the country, and
the Department of State’s International Narcotics Control Strategy Report,
which includes information on financial crimes.
Section 5. Governmental Posture Towards

International and Nongovernmental Monitoring and
Investigation of Alleged Abuses of Human Rights
A variety of domestic and international human rights groups generally

operated with varying government restrictions, investigating and publishing
their findings on human rights cases. Government officials, including
representatives from the Ministry of Justice, Ministry of Human Rights and
the ANR, were somewhat cooperative and responsive to the views of these
groups.
Retribution against Human Rights Defenders: Elements of the SSF

continued to kill, harass, beat, intimidate, and arbitrarily arrest and detain

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domestic human rights advocates and domestic NGO workers, particularly

when NGOs reported on or supported victims of abuses by the SSF, or
reported on the illegal exploitation of natural resources. Armed groups
repeatedly targeted local human rights defenders for violent retribution
when they spoke out against abuses, particularly in the eastern provinces of
the country. After receiving and reporting numerous threats against his life
for his advocacy for land rights for citizens, human rights defender Obedi
Karafulu was killed in his home in Rutshuru, North Kivu by unidentified men
on July 19.
The United Nations or Other International Bodies: The government at

times cooperated with and permitted visits by UN representatives and other
international organizations but was not consistent in doing so. For example,
the government refused to grant the United Nations access to certain
detention centers, particularly at military installations such as military
intelligence headquarters. The government and military prosecutors also
provided nominal cooperation to the UN team supporting investigations and
appellate proceedings during the year related to the 2017 killing of two UN
experts, Michael Sharp and Zaida Catalan, in Kasai Central Province.
Government Human Rights Bodies: During the year the National

Commission on Human Rights published reports and made public
statements on prison conditions and human rights abuses. It also held
human rights training sessions for magistrates, visited detention centers,

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conducted professional development workshops for human rights defense

networks, and followed up on complaints of human rights abuses from
civilians. Both the National Commission on Human Rights and the Human
Rights Ministry lacked full-time representation in all 26 provinces.
Observers and human rights NGOs generally assessed these entities
operated with some independence but struggled with effectiveness.
Section 6. Discrimination and Societal Abuses
Women
Rape and Domestic Violence: The law on sexual violence criminalized rape
of all persons, but the law was not often enforced. The legal definition of
rape did not include spousal rape or intimate partner rape. Rape and sexual
mutilation were also common and used as tactics in areas of armed conflict,
including by government agents. International organizations and local NGOs
reported that women rape survivors were sometimes forced to pay a fine to
return to their families and to gain access to their children. Persons with
disabilities faced high rates of gender-based violence and suffered health
consequences as a result. LGBTQI+ persons were targeted with particular
forms of gender-based violence, including so-called corrective rape.
Indigenous women who were survivors of rape or sexual assault were often
stigmatized or rejected by their communities. Most survivors of rape did
not pursue formal legal action due to insufficient resources, lack of

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confidence in the justice system, family pressure, and fear of subjecting

themselves to humiliation, reprisal, or both.
The law allowed survivors of sexual violence to waive their appearance in

court and permitted closed hearings to protect confidentiality. The
minimum penalty prescribed for conviction of rape was a prison sentence of
five years, and courts sometimes imposed such sentences in rape
convictions in the infrequent instances when these crimes came to trial. The
law also prohibited extrajudicial settlements (for example, a customary fine
paid by the perpetrator to the family of the survivor), but such practices still
occurred. Some prosecutions occurred for rape and other types of sexual
violence, but the government generally did not enforce the law effectively.
Government agents raped and sexually abused women and girls during
arrest and detention, as well as during military action, according to UNJHRO
reporting. While sexual violence was a problem throughout the country,
most cases took place in areas affected by internal conflict. Armed groups
frequently used rape as a tactic of conflict.
The PNC and FARDC continued their nationwide campaign, with support
from MONUSCO, to eliminate gender-based violence by the SSF, including
through the fight against impunity and the protection of survivors and
witnesses. Few activities took place under the campaign to operationalize
the national action plan to combat gender-based violence. Provincial
ministers in some provinces maintained provincial action plans to combat
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gender-based violence.
The law did not provide any specific penalty for domestic violence despite its
prevalence. Although the law considered assault a crime, police rarely
intervened in perceived domestic disputes. In limited instances, judicial
authorities took action in cases of domestic or spousal abuse.
Other Forms of Gender-based Violence or Harassment: The law prohibited

sexual harassment and stipulated a minimum sentence of one year if
convicted, but there was little or no effective enforcement of the law.
Widespread sexual harassment occurred throughout the country. There
were reports that SSF and government agents incited, perpetrated, or
explicitly or implicitly condoned sexual harassment.
Discrimination: The constitution prohibited discrimination based on

gender, but the law did not provide women the same rights as men. The
law permitted women to participate in economic domains without approval
of male relatives, provided for maternity care, disallowed inequities linked
to dowries, and specified fines and other sanctions for those who
discriminate or engage in gender-based violence. The government did not
effectively enforce the law. Women experienced economic discrimination,
and there were legal restrictions on women in employment, including
limitations on occupations considered dangerous, but no restrictions on
women’s working hours. According to the International Labor Organization,
women often received less pay in the private sector than did men doing the
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same job and rarely occupied positions of authority or high responsibility.

Women who identified as LGBTQI+, migrants, refugees and asylum seekers,
and persons of marginalized racial, ethnic, or religious groups at times faced
discrimination when seeking employment, housing, or access to public
services.
According to UNICEF, many widows were unable to inherit their late

husbands’ property because the law stated that in event of a death in which
there was no will, the husband’s children, including those born out of
wedlock (provided they were officially recognized by the father), rather than
the widow, had precedence with regard to inheritance.
Reproductive Rights: There were no reports of coerced abortion or

involuntary sterilization on the part of government authorities. Problems
affecting access to family planning and reproductive health services included
an inadequate transportation infrastructure, inadequate quantities of
contraceptives, and poor logistics and supply chain management leading to
frequent stock shortages. Cultural norms favoring large families,
misinformation surrounding contraceptive use, including fear that
contraception caused infertility, and especially the population’s general
inability to pay for contraceptive services were also barriers. Emergency
contraception was not always available.
The government provided access to sexual and reproductive health services,

including to survivors of gender-based violence. The provision of emergency
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contraception was included as part of clinical management of rape, but

women could not always access contraception in time. The services were
free and intended to provide a postexposure prophylaxis kit within 72 hours
to avoid unwanted pregnancy and sexually transmitted diseases. Prominent
human rights observers reported, however, that women who went to police
to report rape were often asked to pay for actions needed to investigate and
prosecute the crime. The government established mobile clinics for gender-
based violence survivors in remote areas. LGBTQI+ survivors reported
societal barriers to accessing emergency care.
The Integrated African Health Observatory of the World Health Organization

estimated the maternal mortality ratio at 547 deaths per 100,000 live births
in 2020, despite sustained high usage of health facilities for deliveries.
Geographic barriers, lack of appropriate equipment, and low health
professional capacity also hindered the provision of quality maternal and
child health services and led to high maternal mortality and childbirth
complications, such as obstetric fistula.
Young women often did not have access to menstrual hygiene, which
impacted their ability to attend schools, which often lacked bathrooms and
running water. Furthermore, unwed girls who became pregnant were
pressured to drop out of school, and young women who become mothers
often faced societal stigma.

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Systemic Racial or Ethnic Violence and Discrimination
The constitution provided that no one could be discriminated against on the

basis of race, ethnicity, tribe, or cultural or linguistic minority. Nevertheless,
long-standing ethnic tensions – often revolving around land rights – fueled
some community violence.
Violence and discrimination against Rwandophones and those with a

perceived sympathy towards Rwanda or the M23 armed group continued
and was exacerbated by credible reports of Rwandan government support
to M23 rebels. Hate speech against these populations also increased.
Rwandophone populations (both Kinyarwanda and Kirundi speakers) were
also perpetrators of violence against other ethnic communities. The
UNJHRO reported that anti-Rwandophone hate speech and violence was
most prevalent in the High Plateaus, including in the territories of Fizi, Uvira,
and Mwenga in South Kivu Province. In these areas, conflict often pitted the
Banyamulenge community against the Bafuliiru, Bayindu-Banyindu, and
Babembe communities and was characterized by the involvement of
multiple armed groups and militias organized in ethnic and community-
based alliances. Media reported Rwandophone individuals in North and
South Kivu were denied access to restaurants and shops and that some
businesses owned by Rwandophone individuals were looted or destroyed.
Intercommunal violence between the Teke and Yaka ethnic groups in Kwilu,

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Kwango, and Mai-Ndombe Provinces since February 2022 resulted in at least

300 deaths, the destruction of more than 200 homes, and the displacement
of thousands of inhabitants, including into the Republic of Congo. According
to the Ministries of Human Rights and Interior, the conflict stemmed from
disagreements concerning land rights and tax collection. Violence continued
despite the presence of FARDC reinforcements sent to reestablish security in
the region and the steady efforts to reduce tensions from senior officials and
prominent politicians.
There were reports that government agents incited, perpetuated,

condoned, and tolerated violence and abuse against racial and ethnic
groups. For example, the UNJHRO reported that on March 8, a PNC officer
in Kinshasa called for the systematic killing of ethnic Yaka community
members during a speech in front of a local district office building.
Indigenous Peoples
Societal discrimination against the country’s Indigenous population (Twa,

Baka, Mbuti, Efe, Aka, and other peoples collectively called “pygmies” by
many residents and believed to be the country’s original inhabitants) was
widespread, and the government did not effectively protect their civil and
political rights. Most Indigenous persons took no part in the political
process, and many lived in remote forested areas in hunter-gatherer
societies. Fighting in the east between armed groups and the SSF,

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expansion by farmers, and increased trading and excavation activities

caused displacement of some Indigenous peoples. Political, social, and
economic discrimination and exclusion of Indigenous peoples drove conflict
throughout the country, most notably in Tanganyika Province and in South
Kivu Province.
Indigenous peoples were subject to threats and violence from government

forces. There were also press and NGO reports that the SSF perpetrated
abuses against Indigenous persons, including unlawful killings, looting, and
rape. Illegal loggers and miners, commercial bushmeat hunters, wildlife
traffickers, and armed groups operating in forests and on or near Indigenous
lands also committed abuses. Rebel groups exploited Indigenous
communities with forced labor, and perpetrated abuses, such as kidnapping
and sexual violence.
In some areas where Indigenous peoples lived, surrounding tribes

kidnapped and forced Indigenous persons into slavery, sometimes resulting
in ethnic conflict. Indigenous populations also reported high instances of
rape by members of outside groups, which contributed to HIV infections and
other health complications.
Indigenous communities were frequently unable to secure land and

resource rights in and around forests and ancestral lands due to conflict,
customary land rights matters, and exclusion from forest-management and
other decision-making bodies. While the law stipulated that Indigenous
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populations receive 10 percent of the profits gained from use of their land,
this provision was not enforced. As a result, many Indigenous communities
lived in poverty. Several Indigenous persons reported discrimination when
trying to access to health-care facilities. Maternal mortality rates among
Indigenous communities remained high. Discrimination and a lack of
opportunities contributed to low levels of access to education among
Indigenous populations. The law recognized Indigenous peoples’ land
tenure rights, the preservation of their cultural heritage and religious
practices, and their rights to protection and to access basic services
including free health care, primary and secondary education, as well as legal
assistance; however, the government did not effectively enforce the law.
Children
Education: Secondary school attendance rates for girls were lower than for
boys due to financial, cultural, or security reasons, including early marriage
and pregnancy for girls. There were reports of teachers pressuring girls for
sexual favors in return for higher grades. Educational obstacles for children
with disabilities included inaccessible infrastructure; exams provided in
formats not accessible to everyone; and a lack of awareness among
teachers, students, and staff in addition to the reluctance to include children
with disabilities.
Child Abuse: Although the law prohibited all forms of child abuse, it

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regularly occurred. The constitution prohibited parental abandonment of

children accused of sorcery. Nevertheless, parents or other care providers
sometimes abandoned or abused such children, frequently invoking
witchcraft as a rationale. The law provided for the imprisonment of parents
and other adults convicted of accusing children of witchcraft. Authorities
did not implement the law.
Many churches conducted exorcisms of children accused of witchcraft.

These exorcisms involved isolation, beating and whipping, starvation, and
forced ingestion of purgatives. According to UNICEF, some communities
labeled children with disabilities or speech impediments as witches. This
practice sometimes resulted in parents abandoning their children. UNICEF
and MONUSCO attributed some abuses of children, including sexual violence
against young girls, to harmful traditional and religious practices.
Child, Early, and Forced Marriage: While the law required consent and
prohibited marriage of persons younger than 18, it was not effectively
enforced by the government; many marriages of underage children took
place, in part due to continued social acceptance. Provisions in the law did
not clarify who had standing to report forced marriage as a crime or if a
judge had the authority to do so. The constitution criminalized forced
marriage, along with a law promulgated in December 2022 criminalizing
trafficking in persons.
Sexual Exploitation of Children: The minimum age of consensual sex was

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18, and the law prohibited the sale or use of children for commercial sexual
exploitation. The law prohibited child pornography, with imprisonment of
10 to 20 years for those convicted; however, authorities did not always
enforce the law. The law criminalized child sex trafficking, with conviction
carrying penalties ranging from 10 to 20 years’ imprisonment and a heavy
fine. There were also reports that child soldiers, particularly girls, faced
sexual exploitation.
Antisemitism
The country had a very small Jewish population. There were no known
reports of antisemitic incidents during the year.
Trafficking in Persons
See the Department of State’s Trafficking in Persons Report at

https://www.state.gov/trafficking-in-persons-report/.
Acts of Violence, Criminalization, and Other Abuses Based

on Sexual Orientation, Gender Identity or Expression, or
Sex Characteristics
Criminalization: No law specifically prohibited consensual same-sex sexual

conduct between adults, but individuals who engaged in public displays of
consensual same-sex conduct, such as kissing, were sometimes subject to

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prosecution under public indecency provisions, which were rarely applied to

opposite-sex couples. No law specifically prohibited so-called cross-
dressing.
Violence and Harassment: There were reports that police or other

government agents incited, perpetrated, condoned, or tolerated violence or
harassment against LGBTQI+ individuals or those reporting such abuse.
Authorities rarely took steps to investigate, prosecute, or punish officials
who committed abuses against LGBTQI+ persons, whether in the security
forces or elsewhere in the government. Local NGOs reported there was
rarely condemnation when LGBTQI+ persons were attacked. LGBTQI+
persons were subjected to harassment, stigmatization, and violence,
including so-called corrective rape, by both state and nonstate actors. In
some cases, LGBTQI+ persons were forced by threats of violence to
withdraw from schools and other public and community institutions.
Discrimination: No law specifically prohibited discrimination by state or

nonstate actors based on sexual orientation, gender identity or expression,
or sex characteristics, but the law did provide for a right to employment,
health care, and education for all persons. Nonetheless, human rights
defenders reported LGBTQI+ persons faced discrimination in all these areas
throughout the year, as well as in finding or keeping housing and access to
public services.
Some religious leaders, radio broadcasts, and political organizations played a

Page 52 of 62
key role in promoting discrimination against LGBTQI+ persons. For example,

in August media sources reported that during a speech to a gathering of
members of the Christian Family Community, Roman Catholic Cardinal
Fridolin Ambongo called on attendees to reject homosexuality and reaffirm
that “marriage is between men and women.”
Availability of Legal Gender Recognition: There was no legal process by

which the government allowed individuals to change their gender identity
marker on legal identifying documents to bring them into alignment with
their gender identity.
Involuntary or Coercive Medical or Psychological Practices: Local NGOs

promoting LGBTQI+ rights reported that there were numerous cases where
LGBTQI+ persons were forcibly subjected to psychiatric treatment or
religious rituals to “change” the person’s sexual orientation or gender
identity or expression. At times, LGBTQI+ persons suffered physical violence
during these rituals or sessions.
LGBTQI+ activists reported numerous cases of so-called corrective rape

against both women and men during the year. Local NGOs documented
several cases of corrective rape, mostly against lesbian and transgender
women from January to September. Survivors were sometimes denied
health-care services or faced pressure to “change” their LGBTQI+ status
when attempting to access such services.

Page 53 of 62
Nonstate actors also attempted to coerce LGBTQI+ persons to change their

sexual orientation through violence. For example, in March a video
circulated on social media showing two men beating another man with a
machete in Bukavu (South Kivu Province) and threatening to decapitate him
if he did not change his sexual orientation.
Restrictions of Freedom of Expression, Association, or Peaceful Assembly:

Local LGBTQI+ rights organizations reported that LGBTQI+ persons who
participated in Pride Month activities were subjected to harassment,
physical violence, and threats, as in previous years. Some LGBTQI+ activist
groups reported the government denied their NGO registration requests.
Persons with Disabilities
Persons with disabilities could not access education, health services, public
buildings, and transportation on an equal basis with others. A 2022 law
mandated that the state guarantee access to government buildings and
public services for persons with disabilities, but access remained limited.
The law mandated that the state provide ramps and other reasonable
accommodations, produce documents in braille, employ sign language, and
provide access to public transportation for persons with disabilities at a
reduced cost. Government information and communication on disability
concerns was not always provided in accessible formats.
Violence against persons with disabilities was a serious problem. Victims

Page 54 of 62
often did not report abuses, and when they did, they experienced financial,
social, and cultural obstacles to accountability. Often police and other
officials who played a role in the judicial system asked victims for money
before investigating. Many persons with disabilities consequently resorted
to begging. Conflict in several areas of the country left many thousands of
former military and civilians with significant disabilities. Disability groups
reported extensive social stigmatization, including children with disabilities
being expelled from their homes and accused of witchcraft. Families
sometimes concealed their children with disabilities due to shame.
Persons with disabilities were also frequently survivors of gender-based

violence. Many survivors reported unwanted pregnancies and sexually
transmitted infections as a result. Congo Handicap reported that
perpetrators were not held to account for the alleged abuses.
The constitution prohibited discrimination against persons with physical,

sensory, intellectual, and mental disabilities and required the state to
promote their participation in national, provincial, and local institutions.
The constitution stated all persons should have access to national education.
The law prohibited private, public, and semipublic companies from
discriminating against qualified candidates based on disability. The law also
provided for protection of persons with disabilities against employment
discrimination. The government did not enforce these provisions
effectively, and persons with disabilities often found it difficult to obtain

Page 55 of 62
employment, education, and other government services.
While persons with disabilities could attend public primary and secondary
schools and had access to higher education, no reasonable accommodations
were required of educational facilities to support their full and equal
inclusion. Schools for children with hearing impairments, for example, were
private and generally in poor condition. According to the Ministry of People
Living with Disabilities, fewer than 1 percent of children with disabilities
attended school, although the ministry estimated that persons living with
disabilities made up at least 13 percent of the country’s population. The
government continued a program to standardize sign language throughout
the provinces due to differences among the signs used in different
provinces.
Persons with disabilities also encountered many difficulties in exercising

their rights to participate in civic life. For example, during the voter
registration period for the presidential, legislative and provincial elections
scheduled for December 20, persons with vision disabilities encountered
difficulties finding accessible information about registration centers and
persons with physical disabilities encountered inaccessible infrastructure.
Other Societal Violence or Discrimination
Discrimination against persons with albinism was widespread and limited

their ability to marry and obtain employment, health care, and education.

Page 56 of 62
Families and communities frequently ostracized persons with albinism. Civil

society groups reported persons with albinism were killed and their bodies
disinterred from their graves and cut up for use in rituals meant to grant
special powers in any endeavor.
The law prohibited discrimination based on HIV status, but social stigma
continued. A 2020 Ministry of Health study conducted in conjunction with
the World Health Organization and other organizations surveyed persons
with HIV regarding stigmatization and discrimination towards them.
Approximately 40 percent gave their HIV status as a reason to have moved
during the previous 12 months. Approximately 25 percent said they lost a
job or source of revenue during the previous 12 months due to their HIV
status. During the year, the government continued to run its National Multi-
sectoral Program for the Fight Against HIV/AIDS. The program supported
persons living with HIV and AIDS, reduced social stigmas, and improved
testing, treatment, and care.
Section 7. Worker Rights
a. Freedom of Association and the Right to Collective

Bargaining
The constitution and law provided all workers, including those in both the
informal and formal sectors, except top government officials, judges, and

Page 57 of 62
SSF members, the right to form and join trade unions and to bargain
collectively. The law also provided for the right of most workers to conduct
legal strikes. It was against the law, however, for police, army, directors of
public and private enterprises, and domestic workers to strike. The law gave
administrative authorities the right to dissolve, suspend, or deregister trade
union organizations. It granted unions the right to conduct activities
without interference, although it did not define interference. In the private
sector, a minimum of 10 employees was required to form a union within a
business, and a single business could include members of more than one
union. Foreigners could not hold union office unless they had lived in the
country for at least 20 years. Collective bargaining required a minimum of
10 union committee members and one employer representative; union
committee members reported to the rest of the workforce. In the public
sector, the government set wages by decree after holding prior
consultations with unions.
Union committees were required to notify company management of a

planned strike, but did not need authorization to strike. The law stipulated
that unions and employers should adhere to lengthy compulsory arbitration
and appeal procedures before unions initiated strikes. At times, however,
workers did strike without adhering to these lengthy compulsory arbitration
and appeal procedures, thus engaging in a “wildcat” strike. Generally, the
committee delivered a notice of strike to the employer. If the employer did
not reply within 48 hours, the union could strike immediately. If the
Page 58 of 62
employer chose to reply, negotiations, which could take up to three months,

began with a labor inspector and ultimately continued in the Peace Court.
At times, employees provided minimum services during negotiations, but
this was not a requirement. If negotiations were taking place, public-sector
workers were required to continue to provide “vital services.” Unless unions
notified employers of a planned strike, the law prohibited striking workers
from occupying the workplace during a strike, and an infraction of the rules
on strikes could lead to incarceration of up to six months with compulsory
prison labor. This rule was not enforced. Workers exercised their right to
strike. Workers in the public and private sectors held strikes regarding
unpaid salaries.
The law prohibited discrimination against union employees and required

employers to reinstate workers dismissed for union activities, but the
associated penalties were not adequate to deter violations. Penalties were
not commensurate with penalties for other civil rights violations. Workers
had access to a labor court for discrimination problems. Judicial procedures
were subject to lengthy delays and appeals. The law considered those who
had worked for a minimum of three continuous months as “workers” and
thereby protected by relevant labor law. Unless they were part of a union,
most workers in agricultural activities and artisanal mining, domestic and
migrant workers, and workers in export-processing zones were unfamiliar
with their labor rights and did not often seek redress when employers
breached applicable labor laws.
Page 59 of 62
The government did not effectively enforce laws protecting freedom of

association, collective bargaining, and the right to strike for workers. In
small and medium-sized businesses, workers could not properly exercise the
right to strike. Government and employers did not respect the right of
freedom of association and collective bargaining, and penalties were rarely
applied against violators. Due to lax enforcement of labor regulations and
lack of capacity for the General Labor Inspectorate, companies and shops
could immediately replace any workers attempting to unionize, bargain
collectively, or strike with contract workers to intimidate the workers and
prevent them from exercising their rights, despite legal protections.
Antiunion discrimination was widespread, particularly in foreign-owned
companies. In many instances companies refused to negotiate with unions
and negotiated individually with workers to undermine collective bargaining
efforts. Despite collective agreements on union dues, employers often did
not remit union dues or did so irregularly.
b. Prohibition of Forced or Compulsory Labor
See the Department of State’s annual Trafficking in Persons Report at:

https://www.state.gov/trafficking-in-persons-report/.
c. Prohibition of Child Labor and Minimum Age for

Page 60 of 62
Employment
See the Department of Labor’s Findings on the Worst Forms of Child Labor at
https://www.dol.gov/agencies/ilab/resources/reports/child-labor/findings/.
d. Discrimination (see section 6)
e. Acceptable Conditions of Work
Wage and Hour Laws: The government set regional minimum wages for all
workers in private enterprise, with the highest minimum wages applied to
the cities of Kinshasa and Lubumbashi. The minimum wages were above the
poverty line. In the public sector the government set wages annually by
decree and permitted unions to act only in an advisory capacity.
The law defined different standard workweeks, ranging from 45 hours per
week to 72 hours every two weeks, for various jobs and prescribed rest
periods and premium pay for overtime. The law did not prohibit compulsory
overtime.
Occupational Safety and Health: The labor code specified health and safety
standards, but they had not been updated in many years. Occupational
safety and health (OSH) standards were appropriate for some of the main
industries in the country. The government did not often proactively identify
unsafe conditions or respond to workers’ OSH complaints. Local and
international NGOs regularly identified unsafe conditions, particularly in the
Page 61 of 62
artisanal mining sector.
The Ministry of Mines’ validation process included criteria on minimal safety

standards. Nonetheless, the law did not allow workers to remove
themselves from hazardous situations without putting their employment in
jeopardy. Penalties were not commensurate with those for similar
violations.
Wage, Hour, and OSH Enforcement: The government did not effectively
enforce minimum wage, overtime, and OSH laws. The General Inspectorate
of Labor had the primary responsibility of enforcing wage, hour, and OSH
laws. Labor inspectors had the authority to make unannounced inspections
and initiate penalties. In March the Ministry of Labor launched a
recruitment process for 2,379 new hires, including labor inspectors,
controllers (who assist inspectors), and administrative support staff.
The law did not provide for a monitoring or enforcement mechanism for
wage and hour rules, and employers in both the formal and informal sectors
often did not respect these provisions. Most businesses were not in
compliance with this minimum wage but faced few penalties.
Penalties were not commensurate with those for similar violations and were
seldom applied. The Ministry of Labor did not employ sufficient labor
inspectors or comptrollers to enforce consistent compliance with labor
regulations. Workplaces in rural areas were almost never inspected.

Page 62 of 62
Labor laws applied to the informal sector but were rarely applied. The
country’s Trade Union Confederation estimated that the informal economy
employed more than 97 percent of all workers, who worked in the informal
sector in subsistence agriculture, informal commerce or mining, or other
informal pursuits, where they often faced hazardous or exploitative working
conditions.
The EITI noted that the country had a very large artisanal and small-scale
mining workforce, employing approximately two million persons. Most
mining accidents resulting in injuries and fatalities occurred in the informal
sector.


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Democratic Republic of the Congo 2023 Human

There were no significant changes in the human rights situation in the

Significant human rights issues included credible reports of: arbitrary or

Country Reports on Human Rights Practices for 2023

enforce criminal libel laws to limit expression; substantial interference with

The government took some steps to identify, investigate, prosecute, and

Armed nongovernmental forces continued to commit abuses in the eastern

Country Reports on Human Rights Practices for 2023

even in areas with no active hostilities, by members of armed groups.

Section 1. Respect for the Integrity of the Person

a. Arbitrary Deprivation of Life and Other Unlawful or

Country Reports on Human Rights Practices for 2023

On August 30, in Goma, government security forces confronted a group of

Marginalized racial and ethnic communities were both perpetrators and

Media reports of Rwanda’s support to the March 23 Movement (M23) rebel

Country Reports on Human Rights Practices for 2023

perpetrating violence against other ethnic communities.

Armed groups committed arbitrary and unlawful killings throughout the

There were reports of disappearances during the year by or on behalf of

Armed groups abducted numerous persons, generally for forced labor,

c. Torture and Other Cruel, Inhuman, or Degrading

Country Reports on Human Rights Practices for 2023

Security forces subjected individuals, including members of minority groups

Prison and Detention Center Conditions

Abusive Physical Conditions: Serious threats to life and health were

(particularly rape), food shortages, and inadequate potable water,

Central prison facilities were severely overcrowded, with an estimated

Violence was a problem in certain prisons. According to human rights

Country Reports on Human Rights Practices for 2023

observers, prisoners themselves were sometimes given the responsibility to

Administration: Authorities rarely conducted investigations into credible

Independent Monitoring: The government regularly allowed the

Improvements: On April 8, the minister of justice opened the newly

d. Arbitrary Arrest or Detention

Arrest Procedures and Treatment of Detainees

imprisonment required warrants. Detainees had to appear before a

Arbitrary Arrest: Security personnel arrested and detained civil society

Pretrial Detention: Prolonged pretrial detention, ranging from months to

e. Denial of Fair Public Trial

The law provided for an independent judiciary, but the government

Authorities routinely did not respect court orders. Disciplinary boards

Military magistrates were responsible for the investigation and prosecution

of all crimes allegedly committed by SSF members, whether committed in

Country Reports on Human Rights Practices for 2023

reluctant to testify due to fear of retaliation. Defendants had the right to

Political Prisoners and Detainees

There were reports of political prisoners or detainees during the year,

Officials, particularly in the two provinces under the state of siege,

Country Reports on Human Rights Practices for 2023

general population. While the government permitted international human

g. Property Seizure and Restitution

h. Arbitrary or Unlawful Interference with Privacy, Family,

Country Reports on Human Rights Practices for 2023

Country Reports on Human Rights Practices for 2023

Country Reports on Human Rights Practices for 2023

Operation Shujaa. Among the 15 major armed groups in the country,

Killings: The UNJHRO reported at least 1,480 civilians were victims of

As of September, a criminal investigation was underway in Tanzania in the

Abductions: UN agencies and NGOs reported armed groups abducted