Stanis Bujakera: A Symbol of Hope for Press Freedom in DR Congo

Through the ordeal of Stanis Bujakera, a journalist faced with the forces of censorship and arbitrary detention, we delve into the complexities of media freedom in the DRC. His story, set against the backdrop of a nation striving for democratic reform, reflects the critical challenges and hopeful strides being made in the fight for a free press. As the international community watches and local activists rally, the case of Bujakera serves as a pivotal moment in the ongoing struggle to ensure that the voices of journalists can be heard without fear of retribution, shaping the future of the Congo and setting a precedent for press freedom across Africa.

On the evening stretching into the early hours of September 19-20, 2016, an unsettling event unfolded in Kinshasa’s Limete Commune. A group of individuals donning military uniforms ignited a devastating fire at the headquarters of the then-opposition Union for Democracy and Social Progress (UDPS) party, leading to the tragic death of five individuals. Stanis Bujakera was among the first journalists to report from the scene.

Over the years, his courage, talent, and professionalism have earned him the respect of colleagues, readers, government officials, and foreign diplomats. His unexpected arrest on September 8, 2023, sparked global outrage.

Bujakera, 33, is a reporter for Pan African Magazine, Jeune Afrique, and Reuters, and serves as the deputy director of Actualite.cd, a Congolese online news outlet based in Kinshasa. With more than 570,000 followers on X, he is one of Congo’s most influential journalists. The Congolese authorities did not foresee the uproar his arrest would cause. A hundred intellectuals and activists, including Wole Soyinka, Achille Mbembe, Zakes Mda, Souleymane Bachir Diagne, and Damon Galgut, have campaigned for his release. Reporters Without Borders (RSF) has also referred his case to the UN.

Arrested at Kinshasa’s Ndjili airport while preparing to fly to Lubumbashi, Bujakera faced the confiscation and search of his cellphones and laptop without a warrant. Initially detained by the police, he was later imprisoned on September 14 after being accused of publishing misleading information regarding the death of Cherubin Okende, a notable Congolese opposition politician, in an unsigned article in Jeune Afrique in August 2023. This accusation brought him to face a possible ten-year imprisonment sentence.

Public outrage over Stanis’s imprisonment continued to grow. In response to escalating pressure, Congo’s President Felix Tshisekedi acknowledged during a press conference on February 22nd that Stanis might be a “victim” of a flawed and “sick” court system. He further suggested that he would make an appropriate decision, implying the possibility of a prompt release.

A crucial hearing on March 8 revealed, through an investigation by a court-appointed technical expert, that Bujakera was not the primary source of the contested document cited in Jeune Afrique’s article. Despite this, the public prosecutor proposed a 20-year imprisonment sentence and a fine of one million Congolese francs ($361) for Bujakera. Nevertheless, on March 18, a court in Kinshasa convicted Bujakera for disseminating false information, sentencing him to six months in prison and imposing a fine of one million Congolese francs ($364). His legal team confirmed that he would be released as he had already served his term by the date of the ruling.

Following his release from the daunting confines of Makala Prison, Stanis Bujakera shared his reflections and gratitude in a poignant letter. “Released on Tuesday, 19 March, after an unjust and painful imprisonment, I finally regain my freedom!” he declared. Bujakera’s six-month ordeal in one of the world’s most formidable prisons was not in vain, as it highlighted the solidarity and tireless efforts of those committed to justice and press freedom. He expressed profound thanks to his legal team, colleagues at Actualite.cd, Reuters, and Jeune Afrique, as well as journalists from the DRC and around the globe, national and international organisations defending journalists’ rights, and the diplomatic representations of Western nations for their unwavering support. “This ordeal, the hardest of my existence, was also a time when my faith supported me immensely, for which I am endlessly grateful,” he noted. Bujakera also reiterated his innocence against the false accusations levelled at him, citing social media giants (Meta and Telegram) and an independent expert’s assessment that debunked the prosecutor’s charges. His commitment to fighting for his honour and shedding light on the plight of other innocent prisoners endures. “Let us all unite for press freedom in the DRC and the world,” Bujakera concluded, signifying his unbroken spirit and dedication to journalism and freedom of expression.

This case sheds light on the evolving dynamics within the Congolese media landscape. Two years prior, President Tshisekedi chaired a national communication and media congress, expressing his desire to protect journalists and advocate for a more ethical and responsible press. Significant reforms were suggested, including the creation of a press support fund and modifications to enhance the autonomy of the High Council for Broadcasting and Communication (CSAC), with the aim of transforming the state broadcaster RTNC into a genuine public service media. A committee was established to monitor the implementation of these reforms.

Despite these initiatives, challenges persist. Gaby Kuba Bekanga, interim President of the Union Nationale de la Presse du Congo (UNPC), expressed mixed feelings about the new press law, highlighting the partial decriminalisation of press offences as a potential trap for media professionals. The call for greater responsibility among journalists was echoed by various organisations, including the Journalist in Danger (JED) watchdog, which criticised unfulfilled promises and laws that restrict and censor journalistic activity. Earlier this year, Congolese authorities passed new press legislation and a digital code that criminalises the publication of information considered “false.”

As per Section 360 of the new digital code, journalists who electronically share misleading information could face up to six months in prison or a fine of one million Congolese francs (US$430). According to Section 124, the penal code will be invoked against anyone found guilty of press offenses targeting “magistrates, civil servants, and agents vested with public authority.”

In a separate case, Blaise Malaba, the coordinator of the independent radio station Même moral FM and correspondent for the privately-owned news website okapinews.net, was arrested on December 29. He is currently being held in pre-trial detention at Makala central prison in Kinshasa.

Malaba faces charges of defamation and contempt against the governor of Maï Ndombe province. These charges relate to an October broadcast during which audience members expressed their disapproval of the politician.

Despite the Democratic Republic of Congo (DRC) ranking 124th out of 180 countries in the RSF press freedom index, the country has an extensive array of news outlets. This media landscape represents a glimmer of hope for a country grappling with challenges to press freedom. The recent release of Stanis Bujakera, could stimulate more comprehensive conversations about the conditions and challenges faced by journalists in the DRC. These discussions could potentially ignite a new wave of reforms aimed at improving the media environment in the country, encompassing various aspects, from legal protections for journalists to mechanisms that ensure greater transparency in the operations of news outlets. In a recent interview, Bujakera made the surprising announcement that he will not appeal his conviction, at least not at the present moment. This adds another layer of complexity to the ongoing discourse about press freedom in the DRC.