1. 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

2. 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?

3. 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.

4. 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.

5. 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

6. 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;

7. 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

8. 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

9. 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

10. 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

11. 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,

12. 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

13. 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

14. 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
iii Such as the community based groups in Thailand that assisted in drafting the constitution.
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

15. 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
viii Christopher E. Miller, op.cit., p.18
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.
xi World Bank, Managing Development - The Governance Dimension, 1994, Washington D.C
xii DAC_OECD, DAC Orientations on Participatory Development and Good Governance, December 1993.
xiii Ibid.
xiv UNDP, Decentralized Governance Programme, New York, 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
xvii Ibid.
xviii Putnam, R.; Making Democracy Work: Civic Traditions in modern Italy; 1993; Princeton.
xix OECD-DAC (forthcoming 2006), Enhancing the delivery of justice and security in fragile states
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
xxiii