SECTOR 1 state” foreseen under article 77 of the 1996 Law is not defined in a precise way; the judge hence applies it at his/her own discretion. In the same fashion, the wording of article 78 of the same 1996 Law is perceived as a limitation and unreasonable encroachment on the media’s responsibilities in the context of the current war in the East of the DRC. Essentially it states that: punished for treason will be all those who in times of war will have: - incited the combating forces to join a foreign power; - knowingly partaken in a campaign of demoralisation of the army or the general population with the aim of harming the national defence; or - provided (directly or indirectly) information, a document or procedure that needs to be kept secret in the interest of national defence” through written communication or any other written, pictorial or spoken support to a foreign power, sold or publicly transmitted. And the punishment for treason can be sentenced with the death penalty. On the basis of these exceptional rules linked to the period of war in the East of the country, the media, due to these dispositions, cannot cover criminal acts committed by officers in the army. Scores: Individual scores: 1 Country does not meet indicator 2 Country meets only a few aspects of indicator 3 Country meets some aspects of indicator 4 Country meets most aspects of indicator 5 Country meets all aspects of the indicator Average score: 2.6 1.4 The Government makes every effort to honour regional and international instruments on freedom of expression and freedom of the media. The government has formally ratified most international conventions, notably the African Charter for Human and People’s Rights, the Declaration of Principles on Freedom of Expression, the Economic Community of West African States (ECOWAS) Treaty. Implementation, however, remains a problem. AFRICAN MEDIA BAROMETER Democratic Republic of Congo 77