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Home , Congolese franc, Lubumbashi

DEMOCRATIC REPUBLIC OF CONGO

(1) BASIC FACTS

Independence,: 30 June 1960, formerly , thereafter Leader: Josef Kabila, president since 26 January 2001 Capital: (main river port and international airport) Other major cities: Mbuji-Mayi, Lubumbashi, , (main seaport) Area: 2 344 885 kM2 Population: 48 mn (1997) Population growth: 3% (1990-1995) Urbanisation: 31 % (1995) Languages: French (official), Kongo-Kituba, Lingala, Luba, Mongo-Nkunda, Swahili, Zande, Lunda HDI rank: 142 (1999) Life expectancy at birth: 51 years ( 1999) Adult literacy rate: 60% (1999) Gross enrolment ratio (all educational levels): 32% (1999) GNP: $5.3 bn (1995) GNP/capita: $120 (1995) GDP (average annual growth ra te): 5,1 % ( 1998) Foreign debt: $ 13,137 mn (1995); as % of GNP: 248% Development aid: $178 mn ( 1995) : Congolese

Comments: Despite its enormous natural resources, the Democratic Republic of Congo is one of the world's poorest countries. The economy, based on the production of copper, cobalt, diamonds, and coffee for export, collapsed as a result of the protracted political crisis and unstable conditions since 1990. Towards the end of 1996 the Alliance of Democratic Forces for the Liberation of Congo-Zaire (ADFL), led by Laurent Kabila, embarked on a military campaign to restore order to the eastern region, destabilised by the conflict in and . This soon turned into an offensive to conquer the entire country and remove Mobutu who was in ill health and rapidly losing control. Kabila's troops captured Kinshasa on 17 May 1997. He declared himself president and changed the name of the country from Zaire to the Democratic Republic of Congo (DRC). From July 1998 Kabila's domestic allies began to turn against him, receiving military support from Rwanda and Uganda. , and came to the aid of Kabila and full-scale war ensued in the eastern part of the DRC. As a result of international pressure, the Kabila government and the countries involved in the DRC signed a ceasefire and peace accord in on 10 July 1999. Although the rebel movements signed the accord on 31 August, the hostilities continued. Josef Kabila was killed on 19 January 2001 .

(2) CONSTITUTIONAL PROVISIONS ON HUMAN RIGHTS

A Constitutional Statutory Order was decreed by President Laurent Kabila on 28 May 1997. The original text is in French and is available at www.congonline.com/dcretloi.htm STATUTORY ORDER OF THE DEMOCRATIC REPUBLIC OF CONGO

Article 1 This Statutory Order will remain in force until the adoption of the Constitution by the Constituent Assembly. The organisation and exercise of power fall within the competence of the Head of State.

Article 2 The exercise of individual and collective rights and freedoms is guaranteed subject to respect for the law, public order and good moral standards.

Article 3 The institutions of the Republic are the President of the Republic, the government and the courts and tribunals.

Article 4 The President of the Republic is the Head of State. He represents the nation.

Article 5 The President of the Republic exercises the legislative power by statutory orders deliberated in the Council of Ministers. He is the Head of the Executive and the Head of the Armed Forces. He exercises his powers by means of decrees. He has the right to mint coins and to issue paper money in execution of the law.

Article 6 The President of the Republic appoints the members of the government and relieves them of their duties. The President of the Republic appoints and removes from office and relieves if need be at the proposal of the government: 1 . Ambassadors and special envoys; 2. Governors and vice-governors of the provinces; 3. Field officers and generals of the army; 4. Senior managers of the Public Service; 5. Active and non-active agents in public entreprises and organisms; 6. The President of the Republic relieves from their duties and, if need be, dismisses at the proposal of the Higher Council of Magistrates, judges and public prosecutors.

Article 7 The President of the Republic accredits ambassadors and special envoys to foreign powers and international organisations. Foreign ambassadors and special envoys are accredited to him.

Article 8 The government carries out the policies of the nation as defined by the President of the Republic. It executes the laws of the Republic and the decrees of the Head of State. It negotiates international agreements under the authority of the Head of State. It has at its disposal the Public Service and the Armed Forces.

Article 9 The government meets in the Council of Ministers under the presidency of the Head of State or by delegation of powers.

Article 10 The Ministers are responsible for the management of their Departments to the President of the Republic.

Article 111 The courts and tribunals together form the judicial power. The judicial power is independent of the legislative power and the executive power.