Congo has ratified fundamental international legal principles and human-rightsrelated instruments which are enforceable in the country and guaranteed by the
constitution of 2002. But they are not fully implemented. Nonetheless, Congo
abolished its censorship law, and newspapers are simply required to make a
declaration to the state counsel’s office before publication.
Generally, the current media legislation is laden with a number of contradictions.
What the law grants in one provision is taken away in another. The 2001
“Freedom of Information and Communication” law does not restrict entry
into the journalism profession and defines a journalist simply as anyone whose
principal and regular occupation is the production of editorial content. Yet, the
same law grants a largely government-appointed commission the power to issue
and withdraw press cards.
Another example, civil servants are obliged to exercise “discretion”, “secrecy”
and “reserve” in their daily conduct of business. These obligations are extended
to journalists working for the public media. The law guarantees the protection of
sources, but the same law requires journalists to produce “witnesses” during a
libel defence, otherwise their reporting is considered as their own inventions; and
in several cases, journalists have been forced to produce their sources to testify
in chambers.
The constitution and several laws and pieces of legislation guarantee all citizens
the right to information. However, in practice, public services and other institutions
have created and implemented internal mechanisms that prevent full access to
information. Most services would require the authorisation of a superior, before
releasing any information.
There is no need for registration or permission to operate a website or a blog
in Congo. However, despite the lack of technological know-how to filter and
control web content, the sector is believed to be under perpetual surveillance,
which often results in crackdown, and security operatives tapping into phone and
e-mail exchanges.
Civil society organisations and human rights defence groups habitually defend
media freedom, and speak up against the arrest and harassment of journalists.
Nevertheless, poor solidarity between non-media and media groups has weakened
their engagement.
Commissions, made up of representatives of different sectors have been set up
to discuss most of Congo’s post-conflict legislation. But the deliberations of these
commissions and advocacy groups were usually ignored in the past and the laws
that were finally voted did not reflect their inputs.

AFRICAN MEDIA BAROMETER REPUBLIC OF THE CONGO 2013

69

Select target paragraph3