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2007 Assessment

Burundi: Integrity Indicators Scorecard

Burundi: Integrity Scorecard Report > Sub-Category: Media
Indicators		Score
5	Are media and free speech protected?	100
6	Are citizens able to form print media entities?	56
7	Are citizens able to form broadcast (radio and TV) media entities?	44
8	Can citizens freely use the Internet?	100
9	Are the media able to report on corruption?	75
10	Are the media credible sources of information?	80
11	Are journalists safe when investigating corruption?	100

Indicator and sub-Indicator Details

Are media and free speech protected?

5a: In law, freedom of the media is guaranteed.

Score:

YES

Comments:

References: Article 3 1 de la constitution La liberté dexpression est garantie. LÉtat respecte la liberté de religion, de pensée, de conscience et dopinion. Artcle 2 de la loi sur la presse au Burundi: La presse est libre sous réserve des dispositins visées à l'article 10

5b: In law, freedom of speech is guaranteed.

Score:

YES

Comments:

References: Article 3 1 La liberté dexpression est garantie. LÉtat respecte la liberté de religion, de pensée, de conscience et dopinion.

Are citizens able to form print media entities?

6a: In practice, the government does not create barriers to form a print media entity.

Score:

100

Comments: The law on the press asks some basic information before allowing print media to publish, such as the name, nationality and address of the director of the publication, the title of the publication, etc. However, if an association desires to put out publications, it must get a report of the status of the organization notarized. The process to get an agreement for an association is sometimes long.

References: Ligue burundaise des droits de lhomme ITEKA. Rapport annuel sur la situation des droits de lhomme 2006

Association burundaise pour la protection des droits humains et des personnes détenues (APRODH). Rapport dactivités : exercice 2006.

6b: In law, where a print media license is necessary, there is an appeal mechanism if a license is denied or revoked.

Score:

YES

Comments:

References: The law on the press doesn't have any clause on this.

6c: In practice, where necessary, citizens can obtain a print media license within a reasonable time period.

Score:

100

Comments: The process is not complicated and can be quick. It depends mainly on the time allowed to approve the association that owns the print media as more of these media are owned by associations.

References: Interview with Innocent Muhozi, a former member of the National Council for Communication, director of Radio Renaissance FM and Tele Renaissance FM, Aug. 25, in Bujumbura.

6d: In practice, where necessary, citizens can obtain a print media license at a reasonable cost.

Score:

100

Comments:

References: Interview with Charles Ndayiziga, the former permanent secretary of the National Council for Communication, currently coordinator of the Center to Prevent Conflicts, Aug. 25, in Bujumbura.

Are citizens able to form broadcast (radio and TV) media entities?

7a: In practice, the government does not create barriers to form a broadcast (radio and TV) media entity.

Score:

100

Comments: In practice there are no insurmountable obstacles, and I am not aware of a project that has been refused. But there are several conditions which take a relatively long time to fulfill. For instance, it took around six months to fulfill these conditions to the originator of Television Renaissance.

References: Articles 28 and 29 of the law on the press

Interview with Innocent Muhozi, a former member of the National Council for Communication, director of Radio Renaissance FM and Television Renaissance, Aug. 25, in Bujumbura.

7b: In law, where a broadcast (radio and TV) media license is necessary, there is an appeal mechanism if a license is denied or revoked.

Score:

YES

Comments:

References: The law on the press doesn't have any clause on this.

7c: In practice, where necessary, citizens can obtain a broadcast (radio and TV) media license within a reasonable time period.

Score:

100

Comments:

References: Interview with Innocent Muhozi, a former member of the National Council for Communication, director of Radio Renaissance FM and Television Renaissance, Aug. 25, in Bujumbura.

7d: In practice, where necessary, citizens can obtain a broadcast (radio and TV) media license at a reasonable cost.

Score:

100

Comments:

References: Interview with Innocent Muhozi, a former member of the National Council for Communication, director of Radio Renaissance FM and Television Renaissance, Aug. 25, in Bujumbura.

Can citizens freely use the Internet?

8a: In practice, the government does not prevent citizens from accessing content published online.

Score:

100

Comments:

References: Association burundaise pour la protection des droits humains et des personnes détenues (APRODH). Rapport dactivités : exercice 2006

International Crisis Group. « Burundi : la paix et la démocratie en danger »30 novembre 2006

Ligue burundaise des droits de lhomme ITEKA. Rapport annuel sur la situation des droits de lhomme 2006

8b: In practice, the government does not censor citizens creating content online.

Score:

100

Comments: The majority of online information is provided by Web sites that are not in Burundi and conducted by the diaspora.

References: Interview of Gerard Nzohabona, president, Burundian Association of Journalists, Aug. 25, 2007, in Bujumbura.

Are the media able to report on corruption?

9a: In law, it is legal to report accurate news even if it damages the reputation of a public figure.

Score:

YES

Comments:

References: Artcle 2 on the law on the press:

La presse est libre au Burundi sous réserve des dispositions vséees à l'alinéa 10

Article 3 on the law on the press:

Dans l'exercice de ses activités, le journaliste a le droit d'accéder aux sources d'informations, d'enquêter et de commenter librement sur les faits de la vie publique.Toutefois, dans lexpression de cette liberté, il est tenu au respect des lois t règlements, droits et libertés d'autrui.

Peer Review Comments: Yes, but in practice this has been harder. After the 2005 elections, a journalist wrote that the (losing) president was depressed, and that journalist was imprisoned for months.

9b: In practice, the government or media owners/distribution groups do not encourage self-censorship of corruption-related stories.

Score:

100

Comments:

References: Interview with Gabriel Rufyiri, president of the Observatory for Fight Against Corruption and Economic Embezzlements, July 24, 2007, in Bujumbura.

Interview with Gabriel Nikundana, editor in chief of Radio Isanganiro, Aug. 24, 2007, in Bujumbura.

9c: In practice, there is no prior government restraint (pre-publication censoring) on publishing corruption-related stories.

Score:

100

Comments: Generally the government does not prevent publication of controversial corruption-related reports. However, there have been some cases, such as in April 2006 when the intelligence service urged journalists to surrender their recorders after a press conference of a deputy member of the ruling CNDD-FDD party focusing on corruption affairs inside his party.

References: Interview with Gabriel Nikundana, editor in chief of Radio Isanganiro, Aug. 24, 2007, in Bujumbura.

Rapport d'activités de la ligue ITEKA, édition 2006

International Crisis Group, Democracy and Peace in Danger, November 2006 (www.crisisgroup.org)

Are the media credible sources of information?

10a: In law, print media companies are required to disclose their ownership.

Score:

YES

Comments:

References: Article 18 on the law on the press.

10b: In law, broadcast (radio and TV) media companies are required to disclose their ownership.

Score:

YES

Comments:

References: Article 28 on the law on the press: La demande dautorisation( d'un dune station de radio, de télévision ou dune agence de presse ) est accompagnée de renseignements suivants : - lidentité du ou des propriétaires de lentreprise ;

10c: In practice, journalists and editors adhere to strict, professional practices in their reporting.

Score:

100

Comments:

References: Interview with Gabriel Nikundana, editor in chief of Radio Isanganiro, Aug. 24, 2007, in Bujumbura.

Interview with Innocent Muhozi, a former member of the National Council for Communication, director of Radio Renaissance FM and Television Renaissance, Aug. 25, 2007, in Bujumbura.

10d: In practice, during the most recent election, political parties or independent candidates received fair media coverage.

Score:

100

Comments: The major popular media have given equal access to the political parties during the last elections except Radio Publique Africaine, one of the most popular radio networks, which was slanted toward the campaign of one party.

References: Interview with Gabriel Nikundana, editor in chief of Radio Isanganiro, Aug. 24, 2007, in Bujumbura.

Interview with Innocent Muhozi, a former member of the National Council for Communication, director of Radio Renaissance FM and Television Renaissance, Aug. 25, 2007, in Bujumbura.

Peer Review Comments: It is true that in theory all parties had equal access to all media, but in practice media coverage was done mostly for the five biggest parties, while the smaller ones had difficult access (Report of the observation mission of the European Commission).

By analyzing media content during the 2005 elections, the two private newspapers (Arce-en-ciel and Umuntu-Lumière) had also a strong bias: Arc-en-ciel was pro Parena (Bagaza) and Umuntu pro Cndd-fdd (Nkurunziza) (own data of PhD research).

Peer Review Comments: This is a commonly heard accusation, but I am not so sure it is true. The same radio was subsequently under attack by the governing party (which it had presumably backed), and its leader had to flee the country. I doubt the media slant was that strong.

10e: In practice, political parties and candidates have equitable access to state-owned media outlets.

Score:

100

Comments:

References: Interview with Gabriel Nikundana, editor in chief of Radio Isanganiro, Aug. 24, 2007, in Bujumbura.

Interview with Innocent Muhozi, a former member of the National Council for Communication, director of Radio Renaissance FM and Television Renaissance, Aug. 25, 2007, in Bujumbura.

Are journalists safe when investigating corruption?

11a: In practice, in the past year, no journalists investigating corruption have been imprisoned.

Score:

YES

$Scoring Criteria :: YES: A YES score is earned if there were no journalists imprisoned related to work covering corruption during the study period. A YES score is positive. NO: A NO score is earned if any journalist was jailed because of his/her work covering corruption during the study period. The causal relationship between the official charges and the journalist\'s work may not be explicit, however the burden of proof here is low. If it seems likely that the journalist was imprisoned due to his or her work, then the indicator is scored as a NO. Corruption is defined broadly to include any abuses of power, not just the passing of bribes.$

Comments:

References: Association burundaise pour la protection des droits humains et des personnes détenues (APRODH). Rapport dactivités : exercice 2006.

Human Rights Watch. On senfuit quand on les voit Exactions en toute impunité du service national de renseignement. Octobre 2006.

Human Rights Watch. « Un lourd fardeau à porter : les violations des droits des enfants en détention au Burundi.» Mars 2007.

International Crisis Group. « Burundi : la paix et la démocratie en danger »30 novembre 2006

Ligue burundaise des droits de lhomme ITEKA. Rapport annuel sur la situation des droits de lhomme 2006

Peer Review Comments: An anti-corruption activist who has almost daily radio coverage was jailed at the same time as journalists were jailed, for other reasons.

Peer Review Comments: i presume this is correct, but I have no idea if it really is.

11b: In practice, in the past year, no journalists investigating corruption have been physically harmed.

Score:

YES

Comments:

References: Association burundaise pour la protection des droits humains et des personnes détenues (APRODH). Rapport dactivités : exercice 2006.

Human Rights Watch. On senfuit quand on les voit Exactions en toute impunité du service national de renseignement. Octobre 2006.

Human Rights Watch. « Un lourd fardeau à porter : les violations des droits des enfants en détention au Burundi.» Mars 2007.

International Crisis Group. « Burundi : la paix et la démocratie en danger »30 novembre 2006

Ligue burundaise des droits de lhomme ITEKA. Rapport annuel sur la situation des droits de lhomme 2006

Peer Review Comments: But journalists who covered the former deputy's press conference exposing corruption in the ruling party a year earlier, were assaulted

Peer Review Comments: i presume this is correct, but I have no idea if it really is.

11c: In practice, in the past year, no journalists investigating corruption have been killed.

Score:

YES

$Scoring Criteria :: YES: A YES score is earned if there were no documented cases of journalists being killed because of their work covering corruption-related issues during the study period. A YES score is positive. NO: A NO score is earned if there were any documented cases where a journalist was killed in relation to his or her work covering corruption-related issues in the study period. The relationship between a mysterious death and an individual\'s work may not be clear, however the burden of proof here is low. If it is a reasonable guess that a person was killed in relation to his or her work on corruption issues, then the indicator is scored as a NO. Corruption is defined broadly to include any abuses of power, not just the passing of bribes.$

Comments:

References: Association burundaise pour la protection des droits humains et des personnes détenues (APRODH). Rapport dactivités : exercice 2006.

Human Rights Watch. On senfuit quand on les voit Exactions en toute impunité du service national de renseignement. Octobre 2006.

Human Rights Watch. « Un lourd fardeau à porter : les violations des droits des enfants en détention au Burundi.» Mars 2007.

International Crisis Group. « Burundi : la paix et la démocratie en danger »30 novembre 2006

Ligue burundaise des droits de lhomme ITEKA. Rapport annuel sur la situation des droits de lhomme 2006