DRC/United States Mining Contract: Enormous Challenges Ahead of the Agreement (Justicia Asbl)
Justicia Asbl, an organization based in the Democratic Republic of Congo (DRC) that promotes and protects human rights, humanitarian law, and development, stated that it is closely following the meetings between the governments of the United States of America and the DRC that could lead to an agreement on the exploitation of strategic minerals.
Justicia Asbl, responsible for facilitating the Voluntary Principles in the DRC, a global initiative coordinated by the United States, urges both countries to prioritize the public interest and expects the agreement to be signed to contribute to improving mining governance.
"Without improving mining governance, combating corruption, influence peddling by politically exposed persons or members of the head of state's family, and enforcing sanctions against domestic and foreign mafia groups, no mineral exploitation agreement would truly benefit the Congolese people," declared the president of Justicia Asbl, Timothée Mbuya, as quoted in a March 11 press release from the organization.
Justicia Asbl emphasized that the Congolese mining sector faces enormous challenges.
It cited, in particular, illegal mining activities supported by the presence of ineligible military personnel on permits already officially granted to foreign investors who responsibly extract strategic minerals (copper and cobalt) in the provinces of Haut-Katanga and Lualaba, as well as the presence of armed groups exploiting other minerals such as tantalum extracted in the eastern part of the country.
For Justicia Asbl, it should also be noted that the weakness of the state, corruption, and influence peddling through the presence of political figures, especially those in power and members of the presidential family, are not only problems that prevent mining companies regularly established in the DRC from exploiting minerals in complete peace, but above all, these illegal activities are the cause of human rights violations, resulting in hundreds of cases of murder, torture, rape, and the worst form of child labor, among others.
"For example, supply chains, often controlled by the Chinese, are supplied by the following illegal activities: savage looting by individuals acting on behalf of a few members of the President's family, national and provincial authorities, with the protection of elements of the Republican Guard; invasion by several thousand clandestine and illegal miners under the cover of mining cooperatives run by political figures in power...", Justicia Asbl emphasized.
This organization also notes that due to these illegal activities around their sites, some companies are experiencing enormous financial difficulties amounting to billions, to the point of resorting to mass layoffs of their employees.
"It should be noted that these problems also affect the province of Tanganyika, where the lithium mining project in Manono is stalled due to interference from certain Congolese political actors, poor governance by the Cominière company, and corruption of Congolese officials by certain Chinese and Australian groups.
Similarly, the situation is prevalent in eastern DRC, where several mining sites are managed by armed groups, thereby fueling deadly conflicts," added Justicia Asbl.
It notes that it is under these conditions that the Congolese and American governments are opening the way to dialogue for agreements on the exploitation of strategic minerals in exchange for support for the country's security.
For her, the conclusion of such an agreement should not be made outside the DRC National Assembly or in violation of the law, which prohibits the signing of any exclusive contract.
Emphasizing that Congolese minerals should not be sold off for the benefit of individuals and that any agreement with the US government should be transparent, published, and subject to broad consultation with communities and civil society, Justicia Asbl recommends that civil society organizations not support any mining contract or agreement that would not benefit the population.
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