83 COMOROS represented in the roundtable discussions held prior to the 1990 elections; 8 of these fielded candidates for the elections. The candidates issued platforms of varying ideological positions, which were published in the semiofficial newspaper. In the second round runoff, Said Mohamed Djohar defeated Mohamed Taki by gaining 55 percent of the votes. At the end of 1991, the Government consisted of a coalition of five parties. The 1978 Constitution was being rewritten to give legal status to a multiparty system and to provide for other fundamental rights. After the presidential election in early 1990, it was envisioned that a new constitution could be quickly written and ratified and that legislative elections could take place in the fall of that year. However, the dates were constantly postponed because of political, procedural, and economic problems. Some parties insisted that the elections should take place before the referendum on the constitution. Further, the August 1991 coup attempt set back the political reform timetable because of the prominence of the people and the institution involved and the lack of established procedures to guide the process (see Section 1.e.). Legislative elections must take place before March of 1992 as the legislators' terms expire in that month. Traditional social, religious, and economic institutions also importantly influence the country's political life. Interisland rivalries have been a persistent and growing factor. Village notables and Muslim religious leaders tend to dominate local politics. Section 4 Governmental Attitude Regarding International and Nongovernmental Investigation of Alleged Violations of Human Rights An organization called the Comorian Association for the Rights of Man was established in May 1990. It has been active in pursuing human rights causes, including the Said Mlindre case, with no interference from the Government. This Association has exerted pressure on the Government to free those prisoners detained for probable political reasons but who have not been charged with national security violations--with the exception of those Supreme Court members currently under house arrest. Association tends to focus publicly on women's rights and on raising the minimum wage. Section 5 Discrimination Based on Race, Sex, Religion, Language, or Social Status The The Constitution formally provides for the equality of citizens regardless of race, sex, or religion. Nevertheless, within Comorian society, men have the dominant role. In theory, women have the right to vote and participate in the political process as candidates, but tradition has been a powerful force in discouraging women from direct participation in politics. Change in the status of women is most evident in the major towns, where women are finding increasing employment opportunities in the small paid labor force and generally receiving wages comparable to those of men in similar work. However, school enrollments for females are well below those for males. In August the first Comorian woman was appointed to a high government position: Sittou Raghadat Mohamed was named Secretary of State for Population and the Condition of Women. A Comorian Women's Federation, formed in late 1989, aims to assemble and propose a family bill of rights. Women are not required to wear a veil. Property rights do not disfavor women; for example, the house the father of the bride traditionally 50-726 92 - 4 COMOROS provided to the couple at the time of their marriage remains her property, even in the case of divorce. The Violence against women, including wife beating, occurs. However, medical authorities, the Women's Federation, and the police believe that violence against women is rare, partly because of the nonviolent nature of Comorian society. Government has not addressed this issue specifically, and there are no studies or statistics available to help determine the extent of the problem. In principle, a woman can seek protection through the courts in the case of violence, but in reality the issue would most likely be addressed within the extended family or at the village level. Female circumcision is not known to be practiced in the Comoros. Section 6 Worker Rights a. The Right of Association The Constitution allows workers to form unions and to strike, but these rights only became a reality in 1990 and 1991 with the association of some workers into unions. Farming on small land holdings, subsistence fishing, and petty commerce make up the daily activity of most of the population. Hence, the wage labor force is small (less than 2,000 excluding government employees). For the first time in 1990, however, groups of teachers, civil servants, and dock workers--which in previous years formed temporary associations to press their demands--formed into unions for purposes of collective action. In 1991 there were work stoppages and slowdowns by all three groups. The Government did not interfere with these actions, but the basic issues of low or late wages remained unsolved because of the country's financial and economic problems. Unions are free to join in confederations and to associate with international bodies, although given the nascent state of union development these rights have not yet been exercised. b. The Right to Organize and Bargain Collectively Laws do not prohibit antiunion discrimination or protect collective bargaining, which is still in its infancy in the Comoros. Labor legislation, to the extent that it exists, is found mainly in the Labor Code, which is not rigidly enforced. The Labor Code does not address collective bargaining. The private sector sets wages by informal employee/employer negotiations. Public workers' wages are set by government policy through the Ministries of Finance and Labor. Economic rather than political impediments stand in the way of a more active role by labor organizations. Unofficial unemployment figures exceed 70 percent. There are no export processing zones. C. Prohibition of Forced or Compulsory Labor Forced or compulsory labor is forbidden by the Constitution and not practiced. d. Minimum Age for Employment of Children The Labor Code defines 15 years as the minimum age for the employment of children. The Ministry of Labor is lax about enforcing this provision. Child labor is not an issue due to the lack of employment opportunities for adolescents and young adults. Children generally help with the work of their families in the large subsistence farming and fishing sector. COMOROS e. Acceptable Conditions of Work There is a legislated minimum wage, but it is barely adequate to cover basic human needs. However, most workers also have access to some subsistence agriculture or fishing and receive support from the extended family. The hours of work in any one job rarely exceed 35 hours per week. The Government periodically reminds employers to respect the Labor Code, which guarantees a day off per week, plus a month of paid vacation per year, but does not set a maximum workweek. Overall, there are very few standards set by the Ministry of Labor. As there is virtually no manufacturing, little attention has been given to health and safety standards in this sector. CONGO The Congo's political system changed dramatically in 1991 as the country ended decades of one-party, Marxist rule and installed a transitional government mandated to prepare the way for democratic, multiparty elections in 1992. Assuming sovereign powers, the National Conference, composed of some 1,200 delegates from a broad cross-section of institutions, organizations, and social groups, met from February 25 to June 10 to chart a new political course for the country. The National Conference permitted the President of the Republic, Denis Sassou Nguesso, to remain in office but with only ceremonial duties; elected Prime Minister Andre Milongo to serve as interim Head of Government; adopted the Fundamental Act, including a comprehensive bill of rights, to serve as an interim constitution; and elected a 153-member Superior Council of the Republic to serve as an interim legislative body. Shortly before the Conference, the 12-year-old regime of Sassou Nguesso had legalized political parties and had instituted a number of other democratic reforms, including freedom of speech, press, and assembly. A new constitution will be put up for referendum sometime in early 1992. At year's end, some 100 political parties had begun their campaigns for local, legislative, and presidential elections scheduled for the first 6 months of 1992. It Formerly, the Congolese military was closely tied to the Congolese Workers Party (PCT) under the one-party regime. was responsible along with the State Security Organization (DGSE) for internal security and suppressing dissident activity. High-ranking military officers held party positions, and party-designated "political officers" served at all levels of the military. In January these positions were abolished, and active membership in any political party became incompatible with holding a military commission. Throughout the National Conference the military played a neutral, apolitical role. It ensured the security of the conference hall and the delegates, but did not, as an organization, participate in the proceedings. The transition Government reorganized the country's security services and abolished the military-commanded DGSE, leaving the civilian police with responsibility for law enforcement and public order. The economy is highly dependent on petroleum earnings. Declining oil prices since 1985 have forced the Government to seek debt relief and cooperate with international institutions in implementing a long-term, austerity readjustment program, including a gradual shift toward a free market economy. Congo's economic difficulties were a major impetus for political and economic reform in 1991. The human rights situation improved significantly in 1991. The National Conference decisions, if effectively implemented, hold the potential for entrenching real democratic reform and the enjoyment of a broad array of civil and political liberties. However, early in 1992 units of the military seized control of parts of Brazzaville and demanded the replacement of Prime Minister Milongo, thus threatening the democratic transition. After several days of tension, the military returned to its barracks, the Prime Minister announced a cabinet reshuffle, and the provisional legislature set dates for elections. Human rights problems in 1991 included police beatings of detainees (a problem which has apparently not diminished during the transition period), harsh prison conditions, and documented reports of the existence of slavery in remote parts of the CONGO country. In response to a large influx of people fleeing serious unrest in Zaire, the Government deported 10,000 Zairians, including many who had been resident in the Congo for years. RESPECT FOR HUMAN RIGHTS Section 1 Respect for the Integrity of the Person, Including Freedom from: a. Political and Other Extrajudicial Killing There were no reports of such killings authorized or condoned by the transition Government, or by the Congo's military or security forces. b. Disappearance There were no reports of disappearance. C. Torture and Other Cruel, Inhuman, or Degrading The new Congolese bill of rights forbids the use of torture, and there were no reports of its use by the current Government. Justice in the Congo remains somewhat arbitrary: shopkeepers still beat marketplace thieves with impunity, and the local police reportedly still regularly beat detainees, especially those who allegedly resist arrest. As the Government has officially acknowledged, prison conditions are bad. The prisons are old and were never designed for long-term detentions, since under French rule convicted felons were sent out of the country. Between 30 to 100 prisoners are currently kept in one large cell. They sleep on the floor and subsist on a single meal per day. There are no exercise or educational facilities, and medical care is rare. Women prisoners are kept separate from the men. d. Arbitrary Arrest, Detention, or Exile The new bill of rights forbids arbitrary arrest, detention, or exile. There is no evidence that the interim Government has engaged in any of these practices. The current Code of Penal Procedure requires that a detainee be brought before a judge within 3 days and that a detainee must be charged or released within 3 months. However, these protections are frequently ignored in practice. The time between arrest and trial can extend to years, with bail often denied arbitrarily. Official indifference and insufficient personnel to handle case loads are major factors in perpetuating these abuses. The Government does not use forced exile as a means of political control. All voluntary exiles from the former regime have been invited to return. Some members of the previous government have gone into self-imposed exile rather than face prosecution for past crimes. e. Denial of Fair Public Trial The court system continues to be modeled on the French system and consists, under the new Government, of three levels: local courts, courts of appeal, and the Supreme Court. All "special" |