CIVIL
SOCIETY AND GOVERNANCE IN THE DEMOCRATIC REPUBLIC OF CONGO (DRC)
I. INTRODUCTION
The
term ‘Civil Society’ is often employed in the context of
mutual rights and responsibilities. From the mid-nineteenth century
onwards, distinctions between civil society and the state became more
pronounced, reflecting the view that independent sectors (within
civil society) can defend themselves from a state. More recently, the
notion of capitalist endeavours being at the heart of civil society
has been replaced with a central concept of a sphere in which social
activity protects the substance of democracy and governance.i
Non-Governmental
Organisations (NGOs) are often considered to be the backbone of civil
society, yet informal social institutions, professional associations,
and interest groups constitute further examples.ii
Although the degree of institutionalisation among civil societies may
vary widely, the strength of civil society is generally believed to
be critical in providing protection and institutional hedges for
individuals and groups against potential authoritarianism or
intrusive government. Under such circumstances, governments and civil
society groups commonly find themselves at odds with one another.
The
ineffectiveness or failure of some states to provide the citizens
with basic services has sometimes resulted in suggestions that
entities outside the government might better perform such tasks.
Civil society has proven effective in some instances at performing
such responsibilities, with environmental groups working to clean and
maintain public spaces, some organisations providing social services,
and others playing roles in governance.iii
What is the case in the Democratic
Republic of Congo (DRC)? This paper therefore, will focus on the
nature of the Congolese civil society, the environment in which they
have to operate, the opportunities and the challenges they face and
will make some recommendations in order to strengthen civil society
input into governance processes in the DRC.
II. CONCEPTUAL FRAMEWORK
Different concepts that are mentioned
in this paper need to be clarified in order to give better
understanding to the subject matter. The main concepts that have been
defined are ‘civil society’ and ‘governance’.
Also, there is a need of reflecting on the link between those two
concepts. However, before defining those concepts, a brief background
of the DRC political context is necessary for a better understanding
of the environment in which civil society operates and their nature.
2.1. Brief background of the DRC
The
DRC is emerging from more than 32 years of brutal and corrupt
dictatorship under Mobutu Sese Seko. Immediately after independence
in 1960, the country collapsed into army mutiny and its mineral-rich
province of Katanga declared its
independence from the rest of Congo.
A year later, the first prime minister, Patrice Lumumba, was captured
and executed in Katanga
province by troops loyal to the then chief of
the army,
Colonel Joseph-Désiré
Mobutu.
In
November 1965 Mobutu seized power from President Kasavubu
and later in 1972 renamed
the country Zaire and himself Mobutu
Sese Seko Kuku Ngbendu Wa Za Banga.
His rule was overthrown in
May 1997 by rebel forces led by Laurent-Désiré
Kabila with support from Rwanda and Uganda. In August 1998, Kabila's
expulsion of Rwandan and Ugandan officials sparked a full-scale armed
conflict that has since involved nine African states, 20 different
armed factions. It is estimated that this war has caused as many as
four million deaths and nearly 600.000 displaced people, branding it
"Africa's World War."
Despite
Laurent-Désiré Kabila's
assassination and replacement in January 2001 by his son, Joseph
Kabila, and the subsequent negotiation of peace agreements with
neighbouring states, the fighting has continued, drawing in local
ethnic groups, proxy militias, UN forces, and breakaway forces of the
national army. However tenuous, the recent political transition
brought about by the Inter-Congolese Dialogue (DIC) and the 2002
Pretoria agreement offered a relative reprieve and created
opportunities for the government to pursue its mission to broker
peace, create a new and integrated army, organise elections, and set
the stage for a new political order. Despite these notable
accomplishments, atrocities against civilians continue largely
unabated, particularly in the volatile regions of Ituri, North
Katanga, and the Kivu Provinces, where civilians continue to perish
from violence, hunger, and disease every day. The first fully
democratic general elections since independence from Belgium in 1960
took place on 30 July 2006, with 32 presidential candidates and 9,709
parliamentary candidates.
2.2. What is civil society?
The
concept of ‘civil society’ has inspired much debate and
controversy. There are different approaches to defining civil
society, as well as different types of definitions, the most common
distinction being made between empirical and normative conceptions of
civil society. It is used for different ideological and political
purposes and has multiple meanings, which need careful unravelling.
Most definitions of civil society move beyond a narrow focus on
developmental non-governmental organisations to include,
community-based organisations, faith groups, professional and
interest groups such as trade unions, the media, private business
companies, bar associations, human rights groups, independent
consultants, universities, employers’ associations, advocacy
groups, recreational groups and independent policy think tanksiv.
However, some define civil society to include only non profit
organisations or NGOs and this is the case for some donor agencies;
others define it to include only self-organising communities of
common interest; others apply the descriptor to all forms of non
governmental cooperation including big business, while yet others
define it to exclude all forms of institutionalised human activity.v
The
traditional definition of civil society is that it comprises all
organisations and institutions upwards of the family and up to the
state (national, provincial and local).vi
The London School of Economics Centre for Civil Society working
definition is: “Civil society refers to the arena of
uncoerced collective action shared interests, purposes and values. In
theory, its institutional forms are distinct from those of the state,
family and market, though in practice, the boundaries between state,
civil society, family and market are often complex, blurred and
negotiated. Civil society commonly embraces a diversity of spaces,
actors and institutional forms, varying in their degree of formality,
autonomy and power. Civil societies are often populated by
organisations such as registered charities, development NGOs,
community groups, women’s organisations, faith-based
organisations, professional associations, trade unions, self-help
groups, social movements, business associations, coalitions and
advocacy groups.”vii
Civil
society is also defined as a “sphere of society distinct and
independent from the state system, the means of economic production,
and the household. This collective realm, or ‘public space’,
includes networks of institutions through which citizens voluntarily
represent themselves in cultural, ideological, and political
senses…”viii
As
it can be noticed, all these various definitions do not include
political parties and those actors of ‘political and economic
society which are directly involved with state power and economic
production, which they seek to control and manage’.ix
While debate about the precise
definition and nature of civil society will continue as there are
number of conflicting definitions, one should note that there is
widespread agreement that during the past few decades, civil society
receded and political/commercial society advanced in terms of their
impact on people’s lifestyle. That is true as civil society
institutions varied and perform a myriad of roles in society. The
role of civil society in bringing about good governance is an
important, not to say critical, dimension to the ongoing debate.
Civil society is an actor without whose participation good governance
cannot be achieved. However, more often than not, civil society has
been cherished in theory, rather than in practice.
2.3. What is governance?
The
complexity of governance is difficult to capture in a simple
definition. Governance is a concept that has developed considerably
since it emerged in discussions of development issues around the late
1980s. Governance is increasingly seen as a concept that encompasses
a series of mechanisms and processes designed to maintain the system,
to empower the population and to ensure that society owns the
process.x
The
World Bank uses the following definition: "By governance we
mean the manner in which power is exercised... in the management of a
country's social and economic resources.”xi
Governance
is also defined as "the use of political authority and
exercise of control in society in relation to the management of its
resources for social and economic development".xii
This definition reflects both the role of public authorities in
creating the framework for the activities of economic agents and in
making decisions about the distribution of benefits, as well as the
nature of the relationship between government and the governed.
Governance
has the following attributes: accountability, efficiency and
effectiveness, independent legal framework, responsible and equitable
administration at all levels of government. In this regard, one could
distinguishes between three dimensions of governance: the nature of
the political system; mechanisms for using authority in managing a
country's social and economic resources; the capacity of public
authorities to define and implement policies, and to perform their
duties.xiii
Governance
is also defined as “the exercise of political, economic and
administrative authority to manage a society's affairs. It is a broad
concept that encompasses the organizational structures and activities
of central, regional and local government, the parliament and the
judiciary and the institutions, organizations and individuals that
comprise civil society and the private sector insofar as they
actively participate and influence the shaping of public policy that
affects people's lives.”xiv
From
these definitions, we observe that the need for governance exists
whenever a group of people come together to accomplish a purpose. It
is clear that the central component of governance is decision-making.
It is the process through which group of people make decisions, that
directs their collective efforts. Therefore, governance is
complicated given that it involves multiple actors, not a single
helmsman.xv
These various actors articulate their interests, influence how
decisions are made, who the decision-makers are and what decisions
are taken. In this paper, we focus our interest on civil society as
an important actor in governance.
2.4. The significance of civil
society for governance
The
literature on links between civil society and governance and
democracy has their root in early liberal writings of Alexis de
Tocqueville. However, they were developed in significant ways by
20th century theorists like Gabriel Almond and
Sidney Verba, who identified the role of civil society in a
democratic order as vital.xvi
They argued that the political element of many civil society
organisations facilitates better awareness and a more informed
citizenry, who make better voting choices, participate in politics,
and hold government to account better as a result.xvii
More recently, Robert Putnam has argued that even
non-political organisations in civil society are vital for democracy.
This is because they build social capital, trust and shared values,
which are transferred into the political sphere and help to hold
society together, facilitating an understanding of the
interconnectedness of society and interests within it. xviii
The
involvement of civil society in governance programmes is
quintessential for pledging a wider and more inclusive level of local
ownership. The participation of CSOs is crucial due to their
potential giving voice to the wider population and indigenous local
communities. Although the plurality and representation of CSOs is
crucial for ensuring their legitimacy, very often governance
programmes have focused primarily on the state and have failed to
engage civil society. Therefore, their intervention should be
targeted to address the overarching objectives of democratic
governance.
Civil
society has a critical role to play in governance as a beneficiary,
informal overseer, partner and advocate of reforms. On the one hand,
its contribution is particularly useful because it brings issues of
human rights, governance to the fore. On the other, and given that in
fragile states non-state providers deliver up to 80% of security and
justice servicesxix,
support to civil society takes on great significance. Others,
however, have questioned how democratic civil society actually is.
Some have noted that civil society actors have now obtained a
remarkable amount of political power without being directly elected
by anyone.xx
III. CIVIL SOCIETY IN THE DRC
3.1. Understanding the CSO in the
DRC
The
experience of ‘civil society’ in the DRC entered in an
ordinary political discourse after the end of the Cold War. It
started to be widely used during the first political transition
(1989-1992). And the reality it represents is multiform and complex.
Its most understandable demonstrations are developmental NGOs in the
Kivu and Bas-Congo provinces. This movement spread to the other
provinces thereafter. These developmental NGOs organised themselves
later in a National Council of Developmental NGOs (CNONGD), “Conseil
National des ONGs de Développement”.
It is
through the initiative and under this platform that the Congolese
civil society will organise itself.
On
21 April 1991, while under preparation of its participation in the
national forum known as the Sovereign National Conference (CNS),
“Conference Nationale Souveraine” -held from 25
April 1991 to 6 December 1992- the Congolese civil society expressed
the need to organise itself as a single body and consequently hold
its first assembly. Since then, it tries more and more to define
itself:
In
the document entitled “Agenda pour la Paix en RDC”,
Agenda for Peace in the DRC, the National Campaign for
Sustainable Peace in DRC (CNPD) defined the civil society as “…Group
of Congolese citizens conscious of their rights and duties, patriots
of peace and liberty that militate for the destiny of Congolese
people. We represent associations of citizens; human rights, civic
education and developmental NGOs; trade unions; etc. We are
responsible civil society that wishes to extricate lessons of the
past and the present in order to participate efficiently in the (re)
construction of the future. Our mission is to make echoes of
citizens’ needs, preoccupations, anguishes, frustrations and
hopes. We are social leaders, trade unionists, university
professors, journalists, women and youths, etc. We are the voice of
those who cannot speak…”xxi
On
the occasion of its last meeting in 2003, the Congolese civil
society defined again itself as, “a sphere of various
recognised organisations and citizens’ associations, active
and not based on family relations, aimed at promoting welfare of the
Congolese populations and whose actors are inspired by certain
values, such as respect of life, dignity, peace, unity, promotion of
democracy in liberty and tolerance…”
With regard to its composition,
activities and the values it defends, the civil society in DRC could
be considered as a network of citizens organised in associations
outside the governmental and institutional power of the state,
interested in the improvement of the quality of life of the
population.
3.1.1. Composition of the
Congolese CSO
The composition of the Congolese CSO
has also been a question under discussion. The Sovereign National
Conference (CNS) had regrouped eight different structures and
associations representing the civil society. These components are:
Youths, educational, women and
families associations;
Social, cultural and sports
associations;
Confessional and religious
associations;
Non-profit and humanitarian
associations;
Developmental associations;
Professional associations (groups of
physicians, lawyers, nurses, etc.);
Academia and scientific associations
and;
Trade unions.
It’s important to note that the
Congolese CSO does not have a unique national leadership. Several
tentative to regroup organisations at the national level under a
unique coordination did not succeed. These efforts always stumbled
because of disparity of organisations, their numbers and the
existence of several tendencies and ideologies.
3.1.2. Assets of the Congolese
CSO
Despite
its problems, the Congolese CSO in all its diversity is important. In
fact, since almost fifteen years, the civil society has played a
first plan role in the DRC. During the Sovereign National Conference
(CNS), it represented 40% of the participants and the chairperson of
this historic national forum was one of its members, Monsignor
Laurent Monsengwo, the archbishop of Kisangani.
Between
the end of the Sovereign National Conference and the 1996 war led by
Laurent-Désiré Kabila, civil
society played a major role in pushing and educating the populations
to resist the dictatorship of the Mobutu regime. After the Alliance
of the Democratic Forces for the Liberation of Congo (AFDL), led by
Laurent-Désiré Kabila, seized
the power on 17 May 1997, civil society did not stop denouncing
atrocities that preceded the hold of power. Even during the second
war (1998-2003), the civil society did not stop exhorting all the
stakeholders to come out of the vicious circle of holding power by
force.
Thus,
the civil society was invited to play an active role during the
political transition in the DRC. Despite the fact that negotiations
for the Lusaka agreement in 1999 were held in its absence, the
different actors (national and international) agreed to recognise the
CSO as an important actor and partner in the conflict resolution
process in the DRC. And since the Pretoria agreement was reached, the
civil society has actively participated in the transitional process
while presiding inter alia the five commissions purported to
support the transition toward democracy.
In the Congolese context, the civil
society constitutes the critical conscience of the population and
wishes to be an instance of control of the governmental and
opposition actions by citizens. Depending on circumstances, the civil
society plays the role of spokesperson of civil populations, sometime
the role of substitute, complement and sometime the role of
alternative to the state power.
In
spite of the length of the transitional period in the DRC, the civil
society did not stop to fight for democratic elections. It has done
tremendous work with regard to the recent electoral process through
the civic, electoral education programmes, monitoring and observing
of the electoral process. In this particular context, it should be
bear in mind that the Independent Electoral Commission (IEC)
coordinates the civic and electoral education programme, which is
provided by Non State Actors (ANE). This refers to Congolese NGOs and
non political international institutions and organisations, within a
discussion framework set up by the IEC to increase the implication of
the civil society in the process.xxii
3.2.
Analysis of the civil society in DRC
This point gives a brief evolution of
the Congolese civil society and considers four periods which
characterised this evolution: - 1990 to 1998; - 1998 to 2001; 2001 to
2003 and ; - 2003 to 2006.
3.2.1 The civil society of 1990
- 1998
In the middle of 1980s, the
dictatorship of Mobutu had already extensively mined the DRC
(ex-Zaire). Organisations appeared then to offer services previously
considered to be under the state responsibilities: rural development,
education, health, saving, etc.
The
fall of the Berlin Wall induced the end of the one-party system in
Zaire as in several African countries. Free press
and media as well as some independent trade unions were established.
The Congolese civil society appeared more and more as fishpond from
where came the voices for democracy, respect of human rights and the
end of arbitrariness.
Despite this new evolution of the
civil society, it faced some complex and difficult challenges. Thus,
in contrast to his opening speech, the dictator Mobutu succeeded to
block the process of democratisation started in the beginning of
1990. At that time, the civil society, as a new actor in the
political stage, was clearly organised in some parts of the country,
namely in South Kivu province, where it was already sufficiently
organised through united churches, NGOs, students’
organisations, etc. At this stage, one would clearly understand the
role the civil society of South-Kivu was going to play in the
structuring of the civil society at national level. Due to internal
and external pressure, Mobutu accepted the principle of holding of
the National Conference for reconciliating the people of Congo and
transforming the political arena into democracy. In preparation of
this forum, associations and NGOs from Kinshasa organised a
consultative meeting from 20 to 22 April 1991, convened by the CRONGD
Kinshasa, under the initiative of the Solidarity Peasant, an NGO of
South-Kivu. The objective of the meeting was to unite and organise
the civil society for efficient participatation in the works of the
CNS (Sovereign National Conference) and for influencing positively
its decisions and findings. It was at the end of that meeting that
was born the formal Congolese civil society in its meaning and in its
present configuration, as a coordination regrouping organised
associations and NGOs. For the first time at national level, the
strong social delegation was called civil society and that, to the
difference of two other components of the CNS (the government and the
opposition).
Nevertheless, the CNS was going to end
in a context where the dictatorship of Mobutu, although weakened
considerably, continued to exercise the "divide and rule"
strategy and some members of the civil society were given money and
others were nominated in the political sphere. For this reason, the
national coordination of civil society disappeared, letting the civil
society affirm itself in scattering of various denominations and
places.
The blockage of the democratization
process accelerated the decay of the state; the NGOs became then
actors in the political and economic life of the country. As the
agonising Mobutu’s dictatorial regime continued to commit human
rights violations, numerous human rights NGOs were born all over the
country. The National Council of Developmental NGOs (CNONGD), along
with its provincial components, concretised the need of a national
civil society. The CRONGDs became then a pole for gathering and
structuring the whole civil society all over the national territory.
Few weeks after President L.D. Kabila
took power in 1997, the CNONGD organized a new national symposium in
Kinshasa under the theme, “reconstruction and of
democratisation in DRC”, followed by some provincial meetings.
A national structure for dialogue of the civil society, known as the
“Committee of follow-up of the civil society” was
established. Kabila’s regime tempted to minimise and undermine
the role of civil society using, it triggered the repressive methods,
i.e. leaders were jailed for variable periods and there were attempts
to institute finicky measures of control, etc. However, after many
months of strategic folds, the Congolese civil society came back on
the scene well determined to fight for democracy, rule of law and
contribution of citizens in their own development and welfare.
The ‘1990-1998’ period
marks the emergence of civil society as meaningful actor of the life
of the nation in the DRC.
3.2.2 The civil society of 1998
- 2001
This period was characterised by the
war launched in August 1998 by two rebel movements respectively
backed by Rwanda and Uganda.
Two
months after the beginning of this new war, in September-October
1998, the civil society met and elaborated “the agenda for
peace”, which recommended the need for negotiations
between all belligerents. Thereafter, the civil society launched the
National Campaign for a Lasting Peace (CNPD). The CNPD was
aimed at contributing to stop the conflict and to pursue the
democratisation process interrupted by the war in 1998. The CNPD was
composed of 18 members, representing all categories of civil society
components: developmental NGOs, human rights NGOs, Catholic Church,
Protestant Churches, Unions of teachers, Unions of civil servants,
women organisations, youth organisations, independent press,
professional associations, etc.
The
work of civil society through lobbying and advocacy and the agenda
for peace provoked an echo in terms of the Lusaka agreement signed in
August 1999. The Lusaka agreement took in consideration the main
propositions of the agenda for peace proposed by the civil society.
The Lusaka agreement also established that the civil society had to
participate in the “Inter-Congolese Dialogue”
(DIC) at the same level with the Government, the belligerents and
political parties. One may argue that this marked the recognition of
the role of the Congolese civil society in searching for peace.
After
President L.D. Kabila’s assassination in the beginning of 2001,
his son, President Joseph Kabila, obviously supported by the
international community restored the Inter-Congolese Dialogue.
This new development reactivated significantly the relations between
the Government and the civil society, and consequently some of civil
society leaders were appointed as members of the new Government.
It is necessary to underline that in
spite of this tremendous work done by the civil society during these
difficult moments, i.e. since the beginning of the 1990s, the
Congolese civil society was an object of any king of manipulation by
political parties, individuals, etc. This resulted in divisions among
civil society members and more globally, to loss of credibility and
influence.
3.2.3. The civil society of 2001
- 2003
This
period corresponds to the preparatory, the holding and the conclusion
of the “Inter Congolese Dialogue” (DIC). The civil
society had pushed for the DIC as means to find a solution to the war
and conflicts in DRC. One could argue that the invitation made to the
civil society to participate in the DIC constituted a victory. Many
people thought that the DIC was going to allow the civil society to
increase its influence and to push for the democratisation of the
country. However, like in the beginning of the 1990s, the DIC proved
to be in fact a trap that diverted leaders of the Congolese civil
society. That is true given the fact that the involvement of the
civil society to the DIC was acquired; its leaders began to fight
against each other in order to be chosen as delegates. This led to
the liquidation of the CNPD at the time of the designation of
delegates to the DIC towards the end of 2001 and the beginning of
2002.
Benefiting from internal divisions,
several opportunist individuals, without adherence to the recognised
components of civil society, were named delegates of the civil
society to the DIC.
Surprisingly, despite these
confusions, the civil society succeeded in influencing the work of
the DIC. In fact, almost 37 resolutions on important questions
proposed by the civil society were adopted by consensus at Sun City
(establishment of Institutions, developmental policies, etc.)
However, the civil society’s influence as a distinct component
disappeared when participants began discussing the power sharing.
Civil society delegates to the DIC gave free course to their personal
ambitions. Finally, they nominated themselves as representatives of
the civil society in the institutions of the transitional period.
3.2.4.
The civil society of 2003 - 2006
This is the period of the transitional
Government of national unity and other institutions supporting
democracy in the DRC. It was also during this period that the
constitutional referendum and general elections took place.
Therefore, it can be argued that civil society has played an
important role during this period. At the national assembly level,
the senate is presided by a member of the civil society, and a
religious. In addition, there is a parliamentarian group representing
the civil society.
In
institutions supporting democracy one should be concerned about
the composition of their offices. This constitutes a real
trap for the civil society, as only the President emanates from it
and the other members coming from other components, especially from
former warring factions or belligerents. The fact that there is a
clear probability for the president to be put in minority should be
taken into consideration.
3.3.
Relationship between civil society organisations and other
institutions
One of the most crucial questions that
may be asked is whether civil society in the DRC is equipped enough
to play the key role of bringing about good governance that is
expected. In fact, four decades of violence and conflict have
devastated the DRC, leaving government, civil society as well as
institutions in ruin. It is true that fundamental challenges are
present in the DRC in the area of governance and popular
participation of civil society. However, a fundamental transformation
of the relationship between the state and civil society is needed if
democracies are to endure and if good governance is to prevail.
Unfortunately, some leaders consider civil society organisations as
political competitors that need to be controlled rather than
fostered.
3.3.1. Civil society, Government
and political parties
It
can be argued that as soon as a political party gains power, it
becomes the Government and can therefore not be described as part of
civil society. However, civil society’s
role in governance is regarded by government as political opposition
or strategical movement, especially when CSOs involve in criticism or
exposure of government’s misdeeds or incompetence. This may be
a result of misconception as the government considers CSOs and their
objective to be incompatible with any involvement in such programs.
Such misconception has been obvious among local government officials
at lower levels in the administration due to lack of awareness
regarding human rights principles, lack of self-confidence, etc.
Nonetheless, even higher officials of the Ministry of Justice (the
Ministry that is responsible for registering CSOs) also believe that
CSOs should not get involved in the democratisation process. We
should also note that political parties, especially those from the
opposition easily support the agenda of civil society organizations
in criticising the policy of the Government.
Several
times, some staff members of CSOs have been jailed for allegedly
being involved in political agitation and for having encouraged the
community to oppose the government’s policies. Sometimes, CSOs
have their offices closed down or their work banned the case with an
NGO named “Solidarité
Katangaise”, (Katangese Solidarity).
In fact, on 21 May 2005, the Governor of
the Katanga province, Mr. Urbain Kisula Ngoy ordered closure of the
association “Solidarité Katangaise”- an NGO
involved mostly in civic education and development- through a
provincial decree forbidding the association to work in Katanga
province, on the ground that “its activity [is] not legally
authorised”. Yet, nearly a year before, on 18 July 2004
‘Solidarité Katangaise’ had sent to the Minister
of Justice a request for obtaining legal personality and following
the request, the Ministry had authorised on 11 August 2004 the
provisional running of the association. According to article 5 of the
Law n° 004/2001, legal personality should to be granted if the
Ministry does not respond to the request within six months.
Consequently, the matter was taken to Court and after a judiciary
battle the NGO won the case and is still operating in the country.
3.3.2. Legal and
regulatory framework
It is important to understand the
legal and regulatory frameworks governing civil society. This
includes legalisation relating to such issues as the right to
associate; to form a trade union; to establish an organisation and
freedom of press. Legal and regulatory frameworks can encourage or
deter the development of civil society. For instance, complicated
registration procedures or financial requirements can make the
process of setting up an organisation long and tedious. Certain
frameworks can restrict specific organisations. Groups may not be
permitted to organise because of religious beliefs, political
ideology or ethnicity. However legal and regulatory frameworks can
also prevent arbitrary state intervention and guarantee for citizens
and civil society the right to hold government officials to account.
In
the DRC, suffice is to say that during the dictatorial regime, the
space for associational life was, to varying degrees, regulated and
constricted. Advocacy, pro-democracy or human rights groups and even
trade unions were not welcomed, especially under the Mobutu’s
regime, as the single state-party, Mouvement Populaire de la
Révolution (MPR), was considered to
be the only one organisation to which all citizens were obliged to
belong. Nevertheless, the situation improved in 1990 as some space
were opened for in the political arena, allowing competition for
political power and programmatic political parties opened up
opportunities for civil society organisations to influence the
political activities and the agendas of competing political parties.
This creates an incentive to influence the policy process.
The
civil society in the DRC is organised by Law
n° 004/2001. Several times, CSOs and
especially organisations involved in human rights activism complained
that they faced difficulties for being registered by the Ministry of
Justice. However, government’s cumbersome regulations and
overzealous administration is an obstacle to the operations of CSOs
in general. The regulations and supervisions become stricter when
coming to CSOs that are involved in advocacy and democratisation
programs.
In several cases, human rights NGOs
could not get registered for even five years after their
establishment. This creates difficulty on their operation since
certain government institutions refused to provide required support
and services to them on the ground that they were not registered.
Others have to go through a similar experience where they faced
lengthy bureaucratic processes for about three years, in order to be
registered and obtain a legal certificate. This affects surely their
effectiveness and independence.
3.3.3. The question of
independence of civil society in the DRC
The Congolese civil society and media
have an important role to play, as they ought to be closer to local
populations and developments on the ground. However, within the DRC,
media and civil society have a hard time in their role as watchdogs,
as they are harassed, imprisoned, even killed, and their publications
censored, etc. The independence of the media and civil society is
fragile due also to lack of resources. The media can be easily abused
to incite populations, misinform, etc.
IV.
CONCLUSION
One should note that up to now
collaboration between government and civil society has, been somewhat
ineffective. This may be due to lack of clear guidelines on
partnership, and because NGOs and civil society in general remain
weak and divided, seldom able to present a common front on issues
affecting them.
For future, it is important that the
government stop seeing the civil society sector as an instrument of
nuisance to it. Government should recognise that civil society groups
are often closer to the communities that government development
programmes want to reach. There is a clear need of an operational
partnership for the country, its citizens and their civic
organisations, as well as the government, which is the policy-making
body. Although democracy is a difficult process, which requires
vigilance and reinforcement, it is extremely essential for good
governance. Congolese civil society should establish an expectation
that democracy must be the rule. Clearly, civil society is booming
and is already making an impact on democracy and governance. This
positive role needs to be strengthened and we believe that Civil
Society have a strategic role to play. It is a fundamental right of
the people to fully and effectively participate in the determination
of the decisions which affect their lives at all levels and at all
times.
For that, civil society organisations
need an environment in which they can operate freely and engage in
dialogue with the government. Usually, governments fear civil
organisations and civil organisations fear governments.
This
paper concludes with a quote by Jusu-Sheriff: “ Civil
society has helped set standards for politicians preparing for public
service in order to help them provide competent, honest leadership:
accept defeat graciously; and become more effective opposition. Open,
disciplined, and democratic civil society organisations can provide
alternative models for public life. Groups within civil society must
thus be careful not to allow their individual political aspirations
to subvert the freedom of speech and association that have been
painfully clawed back from government in the past decade. They must
not convert the hard-won civic space into just another arena for the
party politicking.”xxiii
i
For further reading, see Patrick Chabal and Jean-Pascal Daloz,
Africa Works: Disorder as political Instrument (Oxford, James Curry,
1999).
ii
Christopher E. Miller, A glossary of terms and concepts in peace
and conflict studies, 2nd edition, University for
Peace, 2005, p.20
iv
The OECD defines civil
society as “the political space between the individual and the
government, expressed by membership of NGOs, social groups,
associations and other organisations and networks” OECD-DAC
(2005), Issues Brief, Engaging With Civil Society, in
http://www.oecd.org/dataoecd/26/55/35785435.pdf
v
Civil Society as ‘the ultimate third way;
at http://pages.britishlibrary.net/blwww3/3way/civilsoc.htm
(accessed on 25 july 2006)
vi
Charm Govender, ‘ Trends in civil society in South África
today’, at
http://www.anc.org.za/ancdocs/pubs/umrabulo/umurabulo13m.html
(acessed on 26 July 2006)
vii
London School of Economics (LSE) definition; in Edwards Michael,
‘civil society’, Cambridge, England: Polity Press, 2004
ix
Cohen and Arato, Civil Society and Political Theory (1992),
ix, cited in Steiner,
H.J., and Alston, P. (2000). International Human Rights in
context: Law, Politics, Morals; text and Materials, 2nd
ed., Oxford University Press, p.939
x
UNDP, Report on the Workshop on Governance for
Sustainable Human Development, MDGD, New York, April 1996.
xv
Governance is neither
simple nor neat by nature it may be messy, tentative, unpredictable
and fluid.
xvi
Gabriel Almond and Sidney
Verba; ‘ The Civic Culture: Political Attitudes and Democracy
in five Nations’, 1989, Sage
xx
Agnew John; 2002; “Democracy and Human Rights” in
Johnston, R.J., Taylor, Peter J. And Watts, Michael J. (eds); 2002;
Geographies of Global Change; Blackwell.
xxi
Campagne Nationale pour la
Paix Durable (CNPD), Agenda pour la Paix en RDC: proposition de
la societe civile,
xxii
See PACO & UNOPS, International Observer
Handbook: Presidential and Legislative Elections DR Congo, July
2006, p.19
Jusu-Sheriff, 2004:284
in Christopher E. Miller, op.cit., p. 20