AFRICA - House Foreign Affairs Committee Democrats

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According to U.N. estimates, the 1998-1999 conflict displaced approximately
800,000 civilians; all IDP’s returned to their homes during the year.
Tens of thousands of citizens fled into neighboring countries, particularly Gabon
and the DRC. A total of approximately 45,000 persons fled to the Bas-Congo Province
of the DRC in late 1998 and early 1999; however, all but about 5,000 had been
repatriated to the country by year’s end. Approximately 15,000 citizens fled to
Gabon in 1999 and, according to U.N. figures, 12,000 persons remained there at
year’s end. During the year, the U.N. High Commissioner for Refugees (UNHCR)
began discussions with the Government to facilitate the return of these persons.
The Fundamental Act contains provisions for the granting of refugee and asylee
status in accordance with the 1951 U.N. Convention Relating to the Status of Refugees
and its 1967 Protocol. The Government granted first asylum to refugees from
other countries. The country continued to host a small number of Burundians and
approximately 7,000 Rwandans, largely members of the Hutu ethnic group, who fled
camps in eastern Zaire in 1996 and arrived in the country in May and June 1997.
The Government, in collaboration with the office of UNHCR, integrated approximately
2,000 of these refugees in the north-central regions of the country; however,
some remain loosely grouped in an encampment north of Brazzaville, and others
have integrated informally into Congolese society. In March all UNHCR support to
Rwandan refugees ended. Approximately 6,000 Angolan refugees fled the Angolan
province of Cabinda in 1992. Humanitarian NGO’s reported that there were 20,800
Angolan refugees in Pointe Noire at year’s end. Of these 5,900 continue to receive
UNHCR assistance in camps; the remaining 14,900 have integrated into the local
communities and receive little if any assistance.
More than 100,000 refugees and several hundred combatants, including DRC
troops, fled to the northern Cuvette and Likouala regions of the country due to
fighting in the DRC’s Equateur Province during the year. Some of the combatants
were repatriated to Kinshasa by year’s end. Lack of roads and airstrips, and insecurity
along the Congo and Ubangui Rivers, complicated humanitarian access to these
refugees. UNHCR and other humanitarian agencies only had access to approximately
70,000 of the DRC refugees in the area by year’s end.
Hutu militiamen from refugee camps who had been permitted to join in military
operations with government forces in 1999 did not participate in such operations following
the end of the 1998-1999 conflict.
There were no reports of the forced return of persons to countries where they
feared persecution.
Section 3. Respect for Political Rights: The Right of Citizens to Change Their Government
Citizens do not have the right to change their government peacefully. The Sassou-
Nguesso Government came to power by force of arms in 1997 with the help of the
armed forces of Angola. During the National Reconciliation Forum that it convened
in January 1998, the Government announced its intention to enact a new constitution
and hold elections within 3 years. A constitutional committee appointed by the
President presented him with a draft Constitution in August 1999. According to a
schedule outlined by the President in August, the draft constitution is to be the subject
of nationwide consultations organized by the Government, then submitted to the
NTC in 2001, and finally ratified by a popular referendum. During the summer, the
document was released publicly, and presented to the Cabinet for review in September.
The Cabinet considered the draft constitution during three meetings in September
and October and on October 28, established an ad hoc committee to prepare
a final draft for Cabinet. On November 15, the Cabinet approved an amended
version of the constitution draft, which will then be submitted to, and is expected
to be adopted by, the NTC. Following approval by the NTC, the draft must then
be ratified by popular referendum. In August President Sassou-Nguesso announced
that Government-led consultations on the draft constitution would constitute the
‘‘national dialog without exclusion’’ called for in the December 1999 Peace Accords;
however, many opposition groups have criticized this claim. Opposition leaders also
have criticized key components of the draft constitution.
The executive branch dominates the government. Under the Fundamental Act,
the President is mandated to direct the general policy of the Government and to exercise
regulatory powers. He appoints all significant military, executive, and judicial
officials. The President convenes the interim national legislature, the NTC. The
NTC was elected at the 1998 National Reconciliation Forum, which included some
representatives of opposition political parties and nongovernmental actors; however,
the event was orchestrated by the executive branch and did not constitute a sufficiently
broad-based forum from which to elect a genuinely representative legislature.
The NTC debates issues freely and summons cabinet ministers to answer
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