IREX
International Research & Exchanges Board

MSI Africa 2006-2007

Bookmark and Share

Democratic Republic of Congo (DRC)

Introduction

Overall Country Score:  1.50

After two successive wars (1996-1997 and 1998-2003), the Democratic Republic of Congo (DRC) organized its first elections labeled as “free, democratic, and transparent” after more than 40 years. A president was elected by universal franchise for a five-year term and a national assembly of 500 representatives, a Senate, provincial assemblies, and provincial governors were installed, thus inaugurating the era of the Third Republic.

While the election encountered few minor problems according to election monitors, a scandal surrounded the seating of provincial governors. In some provinces, local electors who voted for provincial electors noticed discrepancies the final results. Serious suspicions of massive corruption and faulty conscience hung over the presidential majority.

The hope that the elections stirred up with the population is dying with every day that passes. Betrayed by the inertia and lethargy manifested by the government ever since it rose to power, the daily difficulties that the population face grow more severe: no public transportation, no drinking water or electricity, generalized crime and insecurity, all kinds of hassle, massacres of the followers of Bundu Dia Kongo, the border conflict in Kahemba, the disproportionate use of force against Jean-Pierre Bemba’s bodyguards in the center of Kinshasa, etc. The government’s absolute silence on all these tragedies only increases the desperation of a population that has every reason to believe it is doomed.

During this process the Congolese media played a part that some qualified as “for better and for worse” given their strong politicization. Since the political opening that took place in April, 1990, media activity in DRC became intense, with a hundred newspapers and periodicals and 70 radio and television stations scattered throughout the country. A large number of these included community radio stations, some in the most remote villages.

Congolese journalists continue to live in a climate of legal and physical insecurity. For the third time in two years, in June 2007 hundred protested in the streets against the attacks and assassinations of journalists. Three journalists and a technician had been killed in less than 24 months. These assassinations spread panic among journalists who then resorted to self-censorship for protection.

The scores given by panelists reflect the issues and challenges faced by the media on a daily basis. Objective scores varied somewhat widely. Objective 2, professional journalism, fared the worst by far with a score of 0.83. On the high end, Objective 5, supporting institutions, did fairly well with a 2.32. The other objectives finished rather closer to the overall average.

Objective 1: Freedom of Speech

Score: 1.42

Panelists scored the many of the indicators in this objective rather differently than the average score implies.  Indicators 5, 6, and 7, preferential treatment for state media, libel laws, and access to information, all finished much lower than the average; Indicator 5 in particular scored more than a point lower.

All the participants in the DRC panel on media sustainability admitted that the country possesses legislation generally guaranteeing the freedom of expression and opinion. First, the constitution guarantees the right to information, freedom of expression and opinion, and entrusts the state-owned Radio-Television Nationale Congolaise (RTNC) with a mission of public service.

All participants also admitted during the panel discussion that the greatest weakness in DRC is generally the application of the laws and the impunity of the lawbreakers. “The law and the practice of the law are as similar as day and night,” said M. Munsoko wa Bombe, professor at the Higher Institute for Information and Communication Sciences (HIICS) and executive secretary of the Congolese Media Monitor (CMM). “The Democratic Republic of the Congo has the appropriate legislation protecting and guaranteeing the freedom of expression. Specifically, two texts: articles 23 and 24 of the Constitution of the Republic and the law passed on June 22, 1996 concerning the freedom of the press,” said Francine Mokoko, who owns the bi-weekly publication Le Révélateur, at the very beginning of the discussions.

However, as noted by Edouard Mukendi Kalambayi, a lawyer with the Kinshasa Bar Association, “there is no problem with the law other than that the law must take into account the demands of the media professionals such as the decriminalization of press offenses. Therefore the law is not the problem, rather its application or real-life experience.”

About this dichotomy between the law and the practice of the law, Donat M’Baya Tshimanga, chairman of Journaliste en Danger (JED), made the following observation: “the authorities, particularly the political authorities, do not accept the freedom of the press. Every time that the media denounces another violation of the law by the political authorities, the latter use all the means at their disposal to intimidate, threaten, and enforce on journalists the most inhuman and degrading treatments.” Providing examples, M’Baya said, “Recently in Mbuji-Mayi, in the province of the Eastern Kasaï [in the center of DRC], while journalists were holding a meeting, the police stormed inside the place, gave them a beating and dispersed the meeting.”

Another example was given by Ben-Clet Kankonde, managing editor of the daily newspaper Le Potentiel. He said, “In the editorial room of a private newspaper in Kinshasa, when a journalist criticized, without knowing it, a ‘sponsor’ who happened to finance the newspaper employing him, the newspaper’s owner entered the room, slapped the journalist and insulted him copiously. The journalist sued. The owner was asked to reach an amicable agreement by paying the journalist in order to put an end to the story.” Clarisse Kisanga, a journalist in Lubumbashi (a province of Katanga) added that, “the other obstacle to freedom of expression is the lack of consequences. The executive power has used justice for its own ends.” Justin Mobomi noted that “justice is not independent, to tell the truth. It is subservient to the political authorities and the rich people.”

A lot of journalists and media are prosecuted and sentenced for defamation or harmful accusations. Even though the law protects journalists, once they have published some news irritating a politician, the latter will stop to nothing to hunt down the journalists. If the case goes to court, it is up to the journalists to provide evidence in support of their actions. As Edouard Mukendi Kalambayi said, in DRC “defamation is included in the Criminal Code. When journalists are involved, the judges don’t take into account if the information they used is true or false and not even any harmful intentions. It is enough to show newspaper clippings or tapes of the shows in order to establish the journalist’s guilt.”

Participants pointed out that two ministries are involved in the granting of broadcast licenses, namely the Ministry of the Post, Telephones, and Telecommunication and the Ministry of Information, Press, and National Communication. The first issues the license and authorization for technical operation. The second issues the opening authorization. Placide Makashi with the advertising agency CMCT believed that, “the procedures for granting licenses are not established by an independent agency, but by state employees with a total lack of transparency. And the professionals complain, because it turns out that the license can be given to any ‘adventurer.’” As a result of mismanagement, DRC has exhausted its quota for broadcast frequencies. The situation is similar in the case of the publication authorizations issued for the printed press.

Discussing taxation of the media, Godefroid Bwiti, director of the Inter-Congo Média press agency said, “There is no tax relief for the media. They work in a specific tax regime, which is in no way different than those of other industries.” Pierre-Sosthène Kambidi, journalist and owner of the community radio Zénith FM in Tshikapa (a province in the Western Kasaï), added, “Only community radios benefit from a few tax rebates because they are considered non-governmental organizations.”

Speaking about access to public information, Mokoko believed that, “the legal and social conventions are incapable of protecting the freedom of expression and cannot properly guarantee the access to public information. Attacks and restrictions take place almost every day against journalists: they are often questioned while they are out reporting or prevented from taking photographs or receiving first-hand information.”

“Access to the Internet and international news is free but the cost is prohibitive for journalists and press companies,” M’Baya said, adding, “the public [state-owned] media cover the government exclusively. The opposition is not equitably represented in these media.” Speaking about the journalists working in the state-owned media, Ben Clet Kankonde noted that, “the journalists working there have no independence, no free will.”

In addition, journalists working in the private media are discriminated against in respect to those in the public media when it comes to accessing news sources, particularly the official ones. There are frequent events that can only be covered by the public media and what is called “the Allies,” other media close to the ruling regime. The other private media, particularly the ones close to the opposition, are not authorized. Isidore Kabongo, director of the RTNC justified this situation by saying that “the members of the government prefer to provide information to the public media because they mistrust the private media which are more critical.”

As an illustration of this case, the Syfia Agency reported: “On June 30, 2007, during the festivities celebrating the 47th anniversary of the independence of the D.R. of the Congo, some journalists received threats because they were covering ‘the festivities without authorization.’” In Kisangani, capital city of the Eastern province, where the festivities took place in the presence of President Kabila, the province’s minister of information and a representative of the president’s office had warned journalists that, “Only the accredited media was to cover the parade organized on this occasion.” During the ceremony, journalists got in a lot of trouble because of the security services. Ernest Mukuli, journalist with the RTA (AMANI Radio-Television owned by the Catholic Church) was beaten and his camera was seized for having taken pictures of the president as he was mingling with the crowd. Another journalist, from Okapi Radio (sponsored by the UN Mission in the Congo at Monuc), had his report material confiscated after going to the Kisangani airport during the festivities to collect information on a fighter plane belonging to the Congolese army.

Worse than harassment and beatings, DRC is also dangerous because journalists are killed with little genuine investigation by the authorities. Those killed in the period 2005 to 2007, referred to in the Introduction, were: Franck Ngyke Kangundu with the daily newspaper La Référence Plus,killed with his wife on November 3, 2005 in their home; Mutombo Kayilu, a maintenance technician, assassinated on March 29, 2006; Bapuwa Mwamba, a freelancer, killed on July 8, 2006, and; Serge Maheshe, journalist with Radio Okapi, assassinated on June 13, 2007.

In the last case, while two people were in fact convicted of the killing, the judicial system has handled the case in a bizarre way. Parts of the case have been tried in a military court and the two friends of Maheshe present when he was killed have also been charged based solely on accusations by the two gunmen that the two friends had paid them to do it. The case continues against the friends despite the fact that the two convicted gunmen recanted their accusation, saying that two military judges had bribed them to do it.

In DRC the national media are free to broadcast the programs of foreign media. Sometimes journalists take word for word an agency dispatch without mentioning the source. Since access to foreign sources is so expensive some media indulge themselves to their fraudulent use without having paid for a subscription. Managers of foreign media have complained about the Congolese using their material without permission, but to no avail.

Speaking about the access to the journalistic profession, Pierre Nsana, a teacher with HIICS and coordinator with an international media support NGO, believed that “free access to the journalistic profession has inevitably turned to real anarchy, so much so that all those who have failed in other places know that they can always try to become journalists.”

Objective 2: Professional Journalism

Score: 0.83

This objective scored the worst based on panelists’ scores. All the indicators in this objective received rather poor scores, similar to the average, from the panelists. The best scoring was Indicator 4, journalists cover key events, with a score a bit more than half a point higher. The worst was Indicator 5, pay levels for journalists, which received a score more than half a point lower than the average. Reasons for weakness in this objective include poverty of media companies, leading to low salaries for journalists, which exposes them to corruption; excessive politicization of press companies, as the real owners or sponsors are politicians, and; training deficiencies as a result of the general deterioration of the educational system in DRC.

As a general rule, the professionalism of journalists in DRC leaves a lot to be desired. The honest journalists say it out loud. Very few cross-check their sources, very few check them altogether. And that is very often why they commit what the law calls “harmful accusations” or “defamation.” Most journalists are influenced by money, they accept gifts, they allow themselves to be corrupted and sometimes go so far as to label as news something that is anything but news simply because they were given money for it. This money represents corruption and is called “blending” or “kawama.”

At the National Congress of the Congolese press held in Kinshasa in March 2004, in order to fight the deviations in many journalists’ behavior, the CMM, made up of journalists, was created and charged with protecting journalistic ethics. On that same occasion, the ethical and deontological standards were updated and accepted by everyone, following almost explicitly the Munich Charter of the International Federation of Journalists. Munsoko wa Bombe, executive secretary of the CMM, declared that “we have a ethics code which is similar to its international counterparts. Unfortunately, it is not much observed. But many journalists have this document.”

Francine Mokoko believed that “journalists show a blatant lack of professionalism, justified by their training deficit and inexperience.” Many journalists justify their breaches of professionalism by invoking their low and insufficient salaries, so much so that they will not hesitate to profit from the distribution or withdrawal of a particular piece of information.

The technological means available to journalists may be modern, but they certainly are not of-the-moment. This is especially true for the broadcast media. But the written press is also very badly off, suffering from a huge crisis in terms of all sorts of equipment affecting everything from collection through to distribution of newspapers. Because of the absence of printing houses worthy of this name, publishers heavily depend on their more fortunate colleagues who own them and who act as they please.

Journalists are also subject to both censorship and self-censorship. Owners exercise censorship by systematically eliminating any news opposing either friendly politicians—the real owners or the behind-the-scenes financers of their media—or companies and their managers who finance the media through advertisements. As far as self-censorship is concerned, Placide Makashi said, “Journalists practice self-censorship to protect their lives or jobs.”

There is a general news deficit, as the time slot dedicated to news is between 7 pm and 9 pm. Entertainment overshadows newscasts. Speaking about the contents of the media, events and key issues are often addressed in a superficial and partisan manner. Pierre-Sosthène Kambidi explained this by noting that, “Precarious conditions that cannot lead to quality reports.” Clarisse Kisanga shared this point of view, saying, “The radio-television stations are ill equipped.” Bertin Tumba blamed the bad job done by journalists on the fact that, “There are no real investigative journalists.”

Objective 3: Plurality of News

Score: 1.86

After Objective 5, plurality of news finished with the second highest score. Indicator scores varied widely, however, indicating that despite some achievements there remain a number of problems. Indicators 2 and 5, citizen access to media and private broadcasters produce their own news, both finished about one point ahead of the average. On the other hand, Indicator 3, state media represent the political spectrum, finished poorly, more than a point lower than the average. Indicator 6, transparency of ownership also received a score well below average.

In DRC there is a diversity of news sources and a plurality of media. They are approachable. Access to the media is limited neither by the law nor in practice. If you have the means, you can have access to any media you choose.

The state media face harsh difficulties and criticism for bias in their news coverage. However, panelists felt they make efforts to be perceived as a public service broadcaster by airing a schedule that includes more educational shows and cultural programs. This does fill a void left by most of the private media.

There are also press agencies such as Dia, APA, Syfia International, ACP, and others selling and distributing news. When these agencies are used in different media, attribution may be made or may be completely ignored.

There is no transparency with respect to the real owners of the private media. They are hiding behind mere puppets. On the surface it seems that there is no conglomerate controlling the private media. In fact, many media are controlled not only by economic forces but also by political forces, both opposition and the ruling party. An irrefutable proof supporting this statement is that many radio stations were created in the provinces during the electoral campaign. After the elections, these propaganda radios have started to transform into community radios for the same reason: to hide.

Objective 4: Business Management

Score: 1.06

Two indicators in this objective pulled down the average significantly. Both Indicators 6 and 7, market research and audience and circulation measurement both scored near 0. That said, most of the indicators did score reasonably close to the average. The high scoring ones were Indicators 2 and 5, media receive revenue from multiple sources and private media do not receive government subsidies; neither of these scored higher than 2, however.

Concerning this objective, the main issue under scrutiny is the following: does the economic sustainability of the media allow journalists to protect their independence? The answer to this question is generally negative. The media companies in DRC are not sustainable for essential reasons such as the unfavorable economic environment and a managerial skills deficit.

Most media managers look at their company as if it were personal or family property. On this point, the panelists pointed at the law that left the door open for just anyone who wanted to become a media owner to do so without meeting the requirements for setting up a company: set capital placed in a bank account, a known office, and personnel, etc. Panelists felt that those who wish to set up a company in the media sector should have the means to do it properly and seriously, so as to avoid forcing media professionals to work without a contract and often without even a salary.

Law No. 96/002 passed on June 22, 1996 stipulates that the state must grant direct subsidies to the media as well as indirect aid such as preferential prices (taxes, airfares, communications, hotels, etc.). But since 1996 these provisions have never been applied. In 1998, late-president Kabila granted $1 million to a media owners group. These funds were managed with a lack of transparency that generated severe splits among the media, the consequences of which can be felt to this day. Known as the Media Solidarity and Promotion Fund, a short-lived company specifically created for this purpose, this operation transformed its beneficiaries into unconditional eulogists for their benefactor, the former head of state.

The panelists admitted that some media managers or owners receive illicit financing from politicians or businessmen. Panelists felt the two go perfectly well together, as being part of a political family gives one the apparent right to expect the sponsorship of advertisers. In reality, in DRC there are two main types of media financing: political sponsorship and advertising.

An advertising market exists, but lacks organization. Placide Makashi, who works in advertising, said that “the advertising market is expanding,” but “only the broadcast media benefit from it and not the printed press because of low print runs and the bad printing quality.” Donat M’Baya believed that “in a depressed economy where many sectors are run by monopoly, advertising is not distributed according to professional criteria but becomes an occult means of financing for some media that are close to some political currents.” M’Baya added the example of a Kinois daily newspaper that has been continually printing an advertisement from a large cellular telephone company since its first issue. “Daily newspapers such as Le Potentiel do not have this privilege. This means that support is dictated by other, not very apolitical, considerations,” M’Baya concluded.

Research structures in the media are almost non-existent. Media either cannot afford serious research or else owners care only about getting out a political message and not about the preferences of their audience. The existing measurements of audience or circulation size are meant to turn an easy profit from the results of the polls they take. This point is illustrated by Francine Mokoko, who said “One day the head of a Congolese polling institution came into my office asking for $50 to $100 to ensure that my publication appears in a good place in the next poll taken by his institution. I expressed my surprise, but he told me that this was common practice. I sent him off.”

Objective 5: Supporting Institutions

Score: 2.32

The panelists gave their highest score to Objective 5, showing that the institutions supporting the media and the freedom of the press manifest a healthy level of strength. Most indicators scored close to this average, with the exception of Indicator 3, NGO support of the media, which came out nearly a full point ahead of the average. The lowest was Indicator 7, channels of media distribution, although this was only about a half point lower than the average.

DRC abounds in various trade and professional associations for journalists and press owners. The National Union of the Press in the Congo issues press cards for journalists. Other associations include the Congolese Union of the Women in the Media, Association of Community Radios, and the National Association of Private Broadcast Companies. Godefroid Bwiti has this to say: “There are business associations representing the interests of the media owners but their divergent interests prevent them from associating in such an efficient and sustainable way so as to favor media independence and professionalism.” On the same subject, Benoit Kambere was tougher: “The supporting institutions for the media do exist but most of them work for their own interests or for those of their political and financial sponsors, except JED.”

According to Isidore Kabongo, “There is one NGO among others that is efficient in protecting journalists, that fights for their freedom of expression and media independence, and that is Journaliste en Danger. It also has correspondents in the provinces. Its actions are taken into account by public authorities. It works well with many other international organizations.” Emmanuel Kabongo added: “There are NGOs that protect freedom of expression and JED is their leader. From time to time the public authorities give them a hard time because of the freedom of their tone and investigations are not to their liking.”

Other NGOs involved in human rights issues, such as The Voice of the Voiceless and the African Association for Human Rights, work tangentially on media freedom issues and cooperate as necessary with NGOs dedicated to media work, such as JED.

In terms of recruiting media professionals, holding a degree is not a condition for DRC media companies. According to Ben-Clet Kankonde, “Journalism degrees do exist but the low educational quality influences the competence of the young journalists in a negative way.” Hence, Kankonde continued, “in-house training is essential.”

Training levels have decreased in recent years and there are not many opportunities for journalists who do want to retrain. There are training opportunities organized and financed by international donors that try to help journalists as much as possible. But media managers will not spend money to train their personnel. When journalists do receive the opportunity of training, some will not hesitate to leave the company that paid for it and get another job. Therefore, in DRC there is little investment in human resources in the case of media companies.

Panel Participants

Pierre Nsana, teacher, Higher Institute for Information and Communication Sciences, Kinshasa
Donat M’Baya Tshimanga, chairman, Journaliste en Danger, Kinshasa
Pierre Sosthène Kambidi, director, Radio Zenith FM, Tshikapa
Clarisse Kisanga, journalist, Katanga Women in the Media Association, Lubumbashi
Francine Mokoko, editor, Le Révélateur Newspaper, Kinshasa
Bernard Munsoko wa Bombe, executive secretary, Congolese Media Monitor, Kinshasa
Justin Mobomi, expert, Gand-Lac Conference, Kinshasa
Bertin Tumba, lawyer, Journaliste en Danger, Kinshasa
Placide Makashi Matata, media director, FCB Advertising Agency, Kinshasa
Godefroid Bwiti, director, Inter Média Congo Aegncy, Kinshasa
Edouard Mukendi Kalambayi, lawyer, Kinshasa Bar Association, Kinshasa
Ben-Clet Kankonde, managing editor, Le Potentiel Newspaper, Kinshasa
Isidore Kabongo, director, RTNC, Kinshasa
Benoit Kambere, journalists, Renaitre Catholic Magazine, Kinshasa
Emmanuel Kabongo, media expert, CTB, Kinshasa

Moderator

Tshivis Tshivuadi, secretary general, Journaliste en Danger, Kinshasa

The Democratic Republic of Congo study was coordinated by, and conducted in partnership with, Journaliste en Danger, Kinshasa.