Legal framework on freedom of religion and actual application
The Republic of the Congo’s Constitution was adopted on 6 November 2015. Article 1 sets out the secular character of the State. Under Article 15, all kinds of discrimination, including on religious grounds, are forbidden. Article 24 guarantees freedom of conscience and freedom of belief. The same article enacts that “the use of religion for political ends is prohibited” and that “religious, philosophical, political and sectarian fanaticism are prohibited and punished by the law.”
All religious groups must register and receive approval from the Ministry of Interior. There were no reports of discrimination against religious groups that applied to register. Failure to register may result in a fine, the group’s property being confiscated, its contracts with third parties cancelled, and its foreign staff deported.
Public schools do not include religious education as a subject in their curricula; however, private schools are free to provide religious instruction.
The full-face Islamic veil (niqab and the burqa) is banned from public places, ostensibly to guard against terrorist acts. Foreign Muslims are not allowed to stay overnight in mosques.
A bilateral Framework Agreement between the Government of the Congo and the Holy See (signed in February 2017) entered into force on 2 July 2019. This agreement regulates the relations between the Church and the State, and “guarantees to the Church the possibility of carrying out her mission in the Congo”. In the agreement, the “legal personality of the Church and her institutions is recognised”. Both parties also commit to cooperate “for the promotion of the common good”. The accord also guarantees “the Church’s right to operate freely in the Central African nation”, and offers better legal protection to Church activities and assets (schools, hospitals, religious sites, etc.) within the country.
Incidents and developments
The Republic of Congo’s government is recognised by many internatinoal indexes as being one of the most corrupt in the world. About 46.5 percent of the population live below the poverty line with extreme poverty on the increase. The Catholic Church and civil society organisations serve as important critics and are recognised as having “played a role in mitigating the political and socio-economic crises in Congo-Brazzaville”.
Although ethnic and regional divisions are ongoing sources of violence, Congo is acknowledged as “one of the states in Africa in which discrimination or conflict based on religion is nearly nonexistent”. Incursions and risks of conflict spill-over along border areas by foreign armed extremist groups from both the Democratic Republic of the Congo and the Central African Republic, however, are of concern. So too is the resulting emigration ofof thousands of refugees from these neighboring countries to Congo-Brazzaville “placing additional pressure on the country’s limited social services and exacerbating tensions”.
On 23 March 2021, Congo Republic President Denis Sassou Nguesso, in a tightly controlled campaign which drew criticism from the Catholic Church and rights activists, was re-elected. The Church requested to deploy over 1,000 election observers and, following a rejection of this request by the interior ministry, raised concerns about the voting fairness. Of the election campaign, Fr. Félicien Mavoungou of the JPC stated: “The Church has some reservations about the organisation of the election. We are surprised by the government's refusal to grant us permission as observers.”
On the 23 December 2021, a group destroyed the tombstone of Cardinal Biayenda in Brazzaville’s downtown area. This was the third time the prelate’s grave was desecrated that year. Nobody has been arrested in connection to these acts.
During the elections for the National and Local assemblies on 10 July 2022, the Ecumenical Council of Christians in the Congo encouraged the Congolese people, and in particular Christians, to participate peacefully, with justice and love as the guiding principles. No violent incidents were reported.
Prospects for freedom of religion
Poverty, corruption, and a lack of political transparency appear to plague the nation and impact human rights. Despite this, the Republic of Congo’s reputation as an oasis of interfaith harmony is recognised in Africa. Consequently, apart from isolated incidents, there were no significant violations of religious freedom during the reporting period. The prospect for this fundamental right remains positive and unchanged.
Republic of the Congo