| Last updated: 15 June 2007 |
Introduction |
Most of the decision-making authority in the Republic is directly held by the President and his administration. Senate and the National Assembly elections were held in 2002, and the Congolese Workers' Party was elected with 129 of 137 seats in the National Assembly. Independent observers reported that the elections "did not contradict the will of the people," but this did not mean they were free and fair. There are 9 women elected to the 66-seat Senate and 12 in the National Assembly; 5 women serve as ministers in the 34-member Cabinet.
The overburdened and underfunded judiciary is subject to political influence, bribery and corruption. Traditional and civil courts together handle local disputes concerning property and family. Vigilante justice is common, and suspected criminals are injured and killed.
Discrimination is prohibited, but it is common against women, Pygmies and various ethnic groups. Security forces are accused of torture to coerce confessions, and striking workers have been beaten to disperse demonstrations.
Impunity and lack of transparency are serious problems. Security forces enter, search and loot private homes. Electronic communications are reported to be monitored. Some 70% of the population live in poverty, and the misuse of the country's oil sector revenue combined with corruption is a cause for concern. The International Monetary Fund (IMF) demanded improvement in oil sector transparency before approval would be given for a low-interest loan.
Freedom of speech and of the press are guaranteed, though incitement to ethnic hatred, violence or civil war is proscribed. Radio is the most-used medium for information. To avoid repercussions, government journalists report positively on government activities. Freelance international journalists have been warned their accreditation could be revoked if stories reflect adversely on the country's image.
Security forces beat striking journalists who were demonstrating over non-payment of wages. Reports are common of children trafficked by West African immigrants. Children in such situations are subject to abuse. The number of street children is increasing, and UNICEF reports that most of them are from the neighbouring Democratic Republic of the Congo. Street children are vulnerable to sexual exploitation and are easy victims for criminal gangs and drug smugglers.
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Education Rights
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Education is compulsory and tuition free for ages 6 to 16. However, families pay for books, uniforms and various other school fees. Primary schools can only function with the financial contributions of parents. Gender parity in education is fairly well achieved in primary school, but there are significantly fewer girls at secondary and university levels The underfunding and lack of support for education over the last two decades have seen the growth of private education.
The widespread destruction of the educational system during the civil wars has left the system lacking in many areas. Reports indicate that teenage girls exchange sex for better grades, leading to the spread of HIV/AIDS and unwanted pregnancies.
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Early Childhood Education (ECE)
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A 3-year programme begins at age 3. 79% of ECE is private. 51% of ECE students are girls. The Net Enrolment Rate (NER) is 6%. 1,120 teachers work in this sector, and 33% are trained. The pupil/ teacher ratio (PTR) is 19 : 1.
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Primary Education
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Primary education begins at age 6 and lasts for 6 years. 25% of primary education is private. 25% of children repeat grades, and 55% who enrol in Grade 1 reach the last grade of primary school. 7,058 teachers (45% female) work at this level. 62% are trained, and the PTR is an astronomical 83 : 1.
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Secondary Education, Vocational Education and Training
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Secondary education begins at age 12 and continues for 7 years. The NER is 42% (46% are girls). 22% of secondary education is private. 10% of lower secondary students study in technical vocational programmes, increasing to 47% in upper secondary school. 24% of students repeat grades. 6,866 teachers work in secondary education (13% female). The PTR in lower secondary school is 45 : 1, improving to 18 : 1 in upper secondary school.
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Tertiary/Higher Education
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Little statistical information is provided for this level of education. 4,559 students study overseas, mainly in France (3,176), Belgium (277), Morocco (205), Italy (146) and Germany (118).
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Children with Special Needs
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Discrimination on the basis of physical disabilities is prohibited, but the prohibition is not enforced. Information on the education of the disabled is sparse. Juveniles are held with adults in prisons and do not receive education or training.
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Refugee Children
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The law provides for the granting of asylum or refugee status in accordance with the 1951 UN Convention relating to the Status of Refugees and its 1967 protocol, and the government has established a system for providing protection to refugees. The government cooperates with the UNHCR and other humanitarian organisations in assisting refugees. There is no functioning process for dealing with the status of refugees.
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Minorities and Indigenous Peoples
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Discrimination based on ethnicity is illegal, but the prohibition is not enforced. Regional ethnic discrimination is common and is evident in hiring practices. Employment discrimination against groups such as Pygmies is common. In addition to being excluded from education and employment, Pygmies, who number in the tens of thousands, have limited access to the political process. The predominantly Bantu society marginalises Pygmies and exploits them and their children as cheap labour. Pygmy rights groups have begun to address some of these issues.
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Academic Freedom
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Reports do not indication any restriction of academic freedom. Internet access is not prohibited other than by cost.
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Gender Equality
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Gender discrimination is prohibited in law; women have the right to equal pay for work of equal value. Few have employment in the formal sector, where benefits might be offered. Rural women are disadvantaged in education and wage employment. Marriage and family laws discriminate against women.
Polygyny is legal; polyandry is not. 30% of a husband's estate is transferred to his spouse. Bride price is excessive and, should the wife seek a divorce, has to be reimbursed to the husband and his family.
Domestic violence is widespread but rarely reported to authorities. Female genital mutilation is practised in some of the West African immigrant communities.
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Child Labour
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Children under 16 are not permitted to work, but the law is not enforced. Children work with their families in the informal sector without government monitoring or supervision. Limited resources are used to monitor the formal wage sector. The Republic of Congo is a country of destination for trafficking, especially for West African immigrants from Benin and Togo. UNICEF assists with the feeding and sheltering of street children.
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Trade Union Rights
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Workers have the right to form and join a union of their choice, except for members of the security forces. Most workers in the formal wage sector are union members. The right to strike is subject to conditions established by law. Employers have the right to fire workers if they do not give advance notice of a strike. Salaries were withheld from teachers who were on strike. Collective bargaining is permitted but is not widespread. Wage scales are established by the government, but unions have been able to negotiate higher wages for their members. Forced or compulsory labour is prohibited, but it exists.
The minimum wage is about US$100 (48,000 CFA francs) per month in the formal sector. This does not provide a decent standard of living for a worker and family. Teachers require secondary employment beyond teaching to survive, usually found in the informal sector.
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