WORRIES THAT PRESS FREEDOM MAY BE ERODING CONTINUE

C O N F I D E N T I A L SECTION 01 OF 02 KINSHASA 000969

SIPDIS

E.O. 12958: DECL: 10/27/2019
TAGS: CG PGOV PREL
SUBJECT: WORRIES THAT PRESS FREEDOM MAY BE ERODING CONTINUE

REF: A. (A) KINSHASA 890

B. (B) KINSHASA 854

Classified By: AMBASSADOR WILLIAM J. GARVELINK FOR REASONS 1.4(B) AND (
D)


1. (C) Summary: Freedom of the press is increasingly
threatened in the Democratic Republic of Congo (DRC) as the
Ministry of Information and Media now requires domestic and
international journalists to submit to a military code of
justice. A Congolese military officer,s reported death
threats against an international journalist attending an
international press conference, coupled with recent threats
against local journalists in Bukavu, reflects a distributing
pattern of intimidation against press elements in the DRC.
End summary.


2. (C) International journalists based in Kinshasa received
a letter from DRC Minister of Information and Media Lambert
Mende dated September 28, 2009, informing them that, as of
September 28, Congolese law requires their reporting to
conform to the military code of justice. According to the
letter, this law forbids &slanderous expressions against
officers, non-commissioned officers, and soldiers of rank,8
and requires journalists to refrain from &inciting members
of the armed forces to commit acts contrary to their duty and
military discipline.8 Journalists are not allowed to report
from &strategic areas such as military camps,
telecommunications installations and embassies without
authorization.8 Journalists are also required to submit a
copy of all their work to the Ministry of Information and
Media.

Rerporters to be tried by military courts
--------------


3. (C) Reuters correspondent Joe Bavier (protect) informed
PDO on September 28 that upon receipt of the letter he called
Mende to ask for further clarity on the implications of the
law. Mende told him that any reporting on troop movements,
inadequacy of provisions, or non-payment of salaries would be
considered actionable under the new regulations, meaning that
a reporter could be tried by a military court. A group of
foreign reporters, all of whom had received the letter, met
with Mende on October 16. The participants described
Mende,s attitude as &aggressive and uncompromising.8 He
told them they would follow his rules or go work in another
country. A BBC correspondent who plans to visit the eastern
DRC told Embassy Kinshasa PD officers October 4 that he is
concerned that even conventional reporting in that region
might expose him to legal prosecution or expulsion from the
country.


4. (SBU) European Union ambassadors met with Mende on
October 20 to express their concerns about press freedom in
the DRC, specifically addressing recent death threats against
journalists in Bukavu, the shutdown of Radio France
Internationale (RFI) and the accreditation letter sent to
international journalists, among other issues. Mende claimed
to be committed to a free press, and said that the new budget
now under consideration would boost government support for
local media. He said that he was ¬ proud8 of the RFI
shutdown, but it was &an issue of national security.8 The
FARDC troops were being demoralized by RFI news reports,
Mende claimed, and as the security situation in the Eastern
DRC becomes more stable, there will be less need for such
actions (Note: Mende informed an RFI delegation visiting
Kinshasa on October 22 that the GDRC would maintain the RFI
shutdown. End note.) He also said that Congolese
journalists lacked training and regular pay, and cited Radio
Okapi a an example of journalistic professionalism. In
Qkapi as an example of journalistic professionalism. In
defending his requirement that international journalists
submit to the DRC military code of justice, Mende said that
location determines the proper legal authority and that since
the Eastern DRC is a conflict zone, military law should apply.


5. (C) Swedish First Secretary Andreas Magnusson, who was
present at the meeting, told PD officers October 21 that he
did not believe Mende was sincere in his statements
concerning press freedom, and that Mende was likely seeking
to solidify his position in the cabinet by restricting press
reporting on the conflict in eastern Congo and curbing any
negative press against the Government of the DRC (GDRC) in
the run-up to 2010 local and national elections (which
Magnusson asserted would likely not occur on schedule).

6. (C) MONUC Public Information Chief Kevin Kennedy informed
Embassy Kinshasa of recent threats against an Agence France
Press (AFP) correspondent by a FARDC military spokesman
during a MONUC press conference, after the AFP correspondent
asked about unpaid salaries for FARDC soldiers. (Note: The
FARDC spokesman, who had been given press credentials by
MONUC to attend weekly MONUC press conferences, frequently

KINSHASA 00000969 002 OF 002


tried to defend the GDRC during conferences; this was the
first time, however, he openly threatened a member of the
press corps. End note.) Kennedy asserted that the FARDC
spokesman,s intimidation reflected a very negative trend
toward the press among GDRC officials.


7. (C) Comment: Given the lack of effective and transparent
legal institutions in the DRC, the prospect of a foreign
journalist being tried by a Congolese military court on
trumped-up charges is disturbing. Even if no journalist were
ever brought up on charges, these requirements would have a
chilling effect on the press, ability to report on military
operations and the continuing conflict in Eastern DRC.
Inadequacy of provisions and lack of pay are serious problems
for the FARDC. To restrict reporting on these important
issues would deprive the Congolese people and the
international community of vital information concerning the
situation in conflict zones. The actions of the FARDC
colonel threatening a reporter are an example of how -)
regardless of whether he was following orders or simply
acting on his own -) press intimidation can trickle down
from the top levels of the government, with little or no
consequences for those who would intimidate. The government
itself, in the person of the over-zealous Mende, embarked on
a campaign to limit press freedom and squelch bad news from
the conflict zones. EU ambassadors, as well as senior MONUC
officials (ref b) have confronted Mende to express concern
that press freedom is under attack. Embassy has delivered
its own statement to Mende (ref a) expressing support for
journalists working for MONUC-supported Radio Okapi, and will
continue to press the government on what we consider to be
infringements on freedoms of the press. PD Kinshasa also
plans to commission a study on the legal basis of the new
procedures governing international press credentials. We see
these developments as disturbing, and will work with others
in the international community to challenge threats of
prosecution or expulsion of journalists who are simply
reporting the facts. End comment.
GARVELINK