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FM AMEMBASSY KINSHASA
TO RUEHC/SECSTATE WASHDC IMMEDIATE 0339
INFO RUEHSW/AMEMBASSY BERN 0030
RUEHXR/RWANDA COLLECTIVE
RUCNSAD/SOUTHERN AF DEVELOPMENT COMMUNITY
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RHMFISS/HQ USEUCOM VAIHINGEN GE
RUZEJAA/JAC MOLESWORTH RAF MOLESWORTH UK

UNCLAS SECTION 01 OF 03 KINSHASA 001044 
 
SIPDIS 
 
SENSITIVE 
 
E.O. 12958: N/A 
TAGS: KDEM KPAO PGOV PHUM PREL CG
SUBJECT:    EU, SWITZERLAND AND U.S. TELL COMMUNICATIONS 
            MINISTER TO STOP HARRASSING THE PRESS 
 
REF:        Kinshasa 969 and previous 
 
¶1.  (SBU) Summary:  Ambassadors of Sweden, Spain, plus local EU 
Commission head and U.S. DCM, met November 27 with 
Communications/Media Minister Lambert Mende to press for a halt to 
Congolese government's (GDRC) harassment of foreign journalists. 
Led by Swedish ambassador as current EU president, the demarche 
focused on three areas:  (1) subjecting accredited journalists to 
military regulations; (2) intimidating journalists; and (3) 
preventing Radio France International from broadcasting in the DRC. 
An aide-memoire was given to the minister summarizing these points 
(translation of aide-memoire is at para. 8 below).  Minister was 
uncharacteristically amiable and gave assurances the GDRC fully 
supports freedom of press, promising (unspecified) measures to 
address concerns.  We suspect that Lambert, an experienced Congolese 
political survivor, may not be completely sincere, although the 
Government may in fact let up somewhat on harassing foreign 
journalists because of pressure from the international community. 
End summary. 
 
Yet another demarche on media harassment 
---------------------------------------- 
 
¶2.   (SBU) Swedish ambassador recently invited U.S., Switzerland, 
and Canada to join EU (reps of outgoing/incoming presidents plus the 
Commission) in carrying out a demarche vis-a-vis the GDRC's 
Communications/Media minister over developments that adversely 
affect freedom of the press.  Swedish ambassador agreed he would 
draft an aide-memoire to be left with the minister.  (Note:  French 
ambassador told DCM November 28 that he and his staff drafted the 
aide-memoire, a translation of which is found at para. 8 below.  End 
note.)  The meeting with Mende follows on the heels of several 
previous meetings with the minister, including U.S. and MONUC 
demarches (reftel). 
 
¶3.  (SBU) Demarche took place November 27 at Minister Lambert 
Mende's office.  Canada was unable to join at the last minute. 
Giving the impression that he was in an impatient mood, Mende led 
off with the highly bureaucratic formula:  "Je vous ecoute (I am 
listening)."  Swedish ambassador began, noting the "grave concern" 
of all delegation members regarding the status of press freedom in 
the Congo.  He averred that the Government's campaign against 
freedom of the press was in violation of the DRC's constitution.  He 
then referred in detail to each of the three areas of greatest 
worry:  (1) military accreditation of journalists; (2) an increase 
in threats against journalists; and (3) the closure by the DRC 
officials of Radio France International.  Spanish ambassador added 
that the alleged justification for clamping down on the press as 
given by Mende -- the war in the Congo's eastern region -- was 
unjustified as President Kabila in a meeting earlier in the week 
with several ambassador, stated that the war was essentially over 
and life had almost returned to normal in the east.  (Note:  Cable 
on meeting with Kabila will follow septel.  End note.). 
 
¶4.  (SBU) EU Commission representative focused mostly on threats and 
intimidation.  Swiss ambassador limited his remarks almost 
exclusively to threats against and harassment of Radio Okapi, the UN 
radio network that is funded primarily by Swiss NGO "Fondation 
Hirondelle."  He read from a letter dated November 1 he had received 
QHirondelle."  He read from a letter dated November 1 he had received 
from Radio Hirondelle Director General Jean-Marie Etter in which 
Etter mentions several alleged threats against Radio Okapi 
journalists.  U.S. DCM stated that the ambassador's absence (the 
meeting was announced the day before, Thanksgiving, and the 
ambassador was unable to change his schedule to attend) in no way 
diminished the importance of our support for the demarche; that the 
U.S. was supportive of everything said by previous speakers; and 
that freedom of the press was a sacred principle in the United 
States, one that could not be violated even in times of war. 
 
Mende replies; conciliatory tone latest tactic 
--------------------------------------------- - 
 
¶5.  (SBU) Mende was ready to respond.  Adopting an 
uncharacteristically conciliatory, even friendly tone, he began by 
noting that "the many years of struggle by the Congolese people to 
achieve democracy was also a struggle for freedom of the press."  He 
said he had suffered personally as a result of tyranny, becoming an 
exile for 10 years to be free; the president was himself a victim of 
tyranny and had grown up in a neighboring country to escape tyranny. 
 He acknowledged that the constitution's reference to press freedom 
was inconsistent with the recent order that military tribunals would 
rule in cases of allegations that journalists had not followed the 
rules about what they can report; the country was in a war and it 
 
KINSHASA 00001044  002 OF 003 
 
 
would take time for the lawmakers to change powers previously given 
to the military during a time of war.  He also argued that although 
military tribunals were empowered to rule in this kind of case, no 
journalists had been brought before a court martial and probably 
none ever would.  He accepted the Spanish ambassador's point that 
President Kabila had said the war was all but over but noted that 
since the government still did not control many areas and it was in 
journalists' own interest to avoid certain places. 
 
¶6.  (SBU) Mende continued, asserting that the allegations made by 
Radio Hirondelle were "news to me."  He said he was outraged that 
journalists were subjected to the treatment described by Etter and 
wanted more information to conduct investigations into these 
incidents.  He bragged that Congolese radio stations were angry with 
him because he was such a fan of Radio Okapi, "the only station in 
the country that I do interviews with."  Mende asserted (rather 
disingenuously to many present) that the GDRC had ordered cell phone 
providers to make available a list of all cell phone owners so that 
threats, like those against Radio Okapi journalists, could be 
traced.  (Note:  Disingenuously, because it is also clear that some 
in the GDRC want to obtain names of cell phone owners for other 
purposes.  End note.)  Finally, Mende was evasive on the issue of 
RFI.  He stated that this issue was with President Kabila himself 
and that an RFI office would soon open in Kinshasa, ostensibly to 
defuse differences between the government and the international 
media outlet before they cause tension. 
 
¶7.  (SBU) Comment:  Many remarked after the meeting that they had 
never seen this facet of Mende's usually antagonistic, aggressive 
personality.  While Mende offered no specifics on addressing the 
diplomats' concerns, the minister's tone of voice and out of 
character conciliatory manner, however, suggested he has been 
instructed to lower the temperature on this controversy and meet 
westerners part way.  We would not be surprised to see the 
government ratchet down the hostile rhetoric for a while, not apply 
any military regulations gainst reporting in the war zone, and 
even, perhaps, allow RFI to begin rebroadcasting as long as the RFI 
office in Kinshasa is willing to urge its journalists exercise more 
restraint when criticizing Kabila.  This story is not over and we 
will continue with our updates.  End comment. 
 
Text of Aide-Memoire 
-------------------- 
 
¶8.  (U) Following is unofficial translation from the French of the 
aide-memoire given Minister Mende by Swedish ambassador Johan 
Borgstam: 
 
Begin aide-memoire 
 
Swedish Embassy 
Kinshasa 
European Union Presidency 
 
 
Aide-Memoire by Chiefs of Diplomatic Missions of the European Union, 
the United States, Canada and Switzerland in the Democratic Republic 
of the Congo 
 
We note with deep concern the deterioration of press freedom over 
recent months in the Democratic Republic of the Congo.  These 
concerns were raised during a lunch with the Minister of 
Communication and Media on October 20, 2009.  The issues are (1) the 
question of legal authority of journalistic accreditation granted by 
the Minister of Communication and Media, (2) the increase of threats 
and attacks on working journalists, and (3) the shutting down of 
Qand attacks on working journalists, and (3) the shutting down of 
Radio France International's signal. 
 
- 1.  Legal authority of accreditations: 
 
Since the end of August, 2009, the accreditation of international 
journalists working in the Democratic Republic of the Congo holds 
those journalists subject to Article 87 of the law 024-2002 of the 
Military Code of Justice concerning offenses against the armed 
forces.  To us, it appears that nothing justifies such a 
requirement, which introduces permanent limitations into existing 
agreements.  Nor is there any justification for subjecting 
journalists, regardless of their nationality, to military courts. 
Whereas Articles 23 and 24 of the Constitution of the Democratic 
Republic of the Congo guarantee freedom of expression and free 
access to information, and international journalists are 
professionals, already bound by a strict code of ethics, we ask that 
this measure be withdrawn from the conditions required for 
 
KINSHASA 00001044  003 OF 003 
 
 
accreditation. 
 
- 2.  Increase in threats and attacks against working journalists 
 
In the past few months, several journalists have been the targets of 
threats and/or attacks related to the work they perform.  While 
these cases remain relatively rare and isolated, they are increasing 
at an unacceptable rate and raise our concerns that journalists are 
not able to cover the news in a thorough fashion.  We also note that 
many threats are being made and pressure exerted against journalists 
working for Radio Okapi.  We condemn this serious attack against 
freedom of expression. 
 
- 3.  Shutting down Radio France International's signal 
Despite the announcement of renewed discussions between the 
Government of the Democratic Republic of the Congo and Radio France 
International, which has a large audience in this country, we note 
that four months after being cut, Radio France International's 
signal has still not been re-established.  We ask that the signal of 
Radio France International be re-established immediately throughout 
the territory of the Democratic Republic of the Congo. 
 
End aide-memoire 
 
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