P. 1
Conflict Minerals in the Democratic Republic of the Congo: Aligning Trade and Security Interventions

Conflict Minerals in the Democratic Republic of the Congo: Aligning Trade and Security Interventions

|Views: 2,970|Likes:
Mineral resources have played a crucial role in fuelling protracted armed conflict in the east of the Democratic Republic of the Congo (DRC). This Policy Paper examines the prospects for and interactions between various trade- and security-related initiatives that are aimed at demilitarizing the supply chains of key minerals. It also describes the changing context in which such initiatives operate. Finally, it offers policy recommendations for how the Congolese Government and international actors can coordinate and strengthen their responses in order to break resource–conflict links in eastern DRC.
Mineral resources have played a crucial role in fuelling protracted armed conflict in the east of the Democratic Republic of the Congo (DRC). This Policy Paper examines the prospects for and interactions between various trade- and security-related initiatives that are aimed at demilitarizing the supply chains of key minerals. It also describes the changing context in which such initiatives operate. Finally, it offers policy recommendations for how the Congolese Government and international actors can coordinate and strengthen their responses in order to break resource–conflict links in eastern DRC.

More info:

Categories:Types, Research
Copyright:Traditional Copyright: All rights reserved

Availability:

Read on Scribd mobile: iPhone, iPad and Android.
download as PDF, TXT or read online from Scribd
See more
See less

06/04/2013

pdf

text

original

The main legal instrument governing the mineral sector in the DRC is the 2002
Mining Code.77

The Mining Code provides for the demarcation of artisanal
mining zones (AMZs) where artisanal miners in possession of a permit (carte de
creuseur) can legally work. Article 109 of the code states that these can be
established in areas where ‘the technical and economic factors which char-
acterize certain deposits of gold, diamonds or any other mineral substance do not
make it possible to ensure industrial or semi-industrial exploitation of same, but
permits artisanal mining’. Although considerable progress has been made in
recent years to establish AMZs across the DRC, they do not exist in some parts of
eastern DRC, access to them is often di cult, miners are often unaware of their
existence, and no mechanisms are in place to equip sites to make them attractive.
As a result artisanal miners continue to work illegally, predominantly in
industrial exploration and mining concessions. In addition, tenure in AMZs is
insecure as, under Article 110 of the Mining Code, AMZs can be closed within
60 days when industrial or semi-industrial mining is considered feasible, which
limits the attractiveness of investing in artisanal mining processes.78

Another
issue is that if industrial exploration concessions are repartitioned after the first
or second five-year term, AMZs might be established in the least mineralized
areas, while industrial and semi-industrial investors retain the richest and most
accessible parts of the concessions.
Title IV of the Mining Code also governs the issuance of authorizations for
traders and trading houses trading in artisanal mining products. Article 27 states
that ‘government employees and civil servants, magistrates, members of the
Armed Forces, the Police and the Security Services, the employees of public
entities which are authorized to carry out mining activities’ may not hold
artisanal mining permits or trading permits, although they are allowed to invest
capital in mining ventures. Clearly, enforcing such aspects of the code has been
di cult in many parts of eastern DRC. Furthermore, the uno cial agreement to
allow newly integrated FARDC units to profit from artisanal mining communities
in lieu of pay clearly violates the spirit of the code.
The total government ban on artisanal mining and trade in artisanally mined
minerals imposed in September 2010 was unexpected. It covered Maniema,
Nord-Kivu and Sud-Kivu provinces. The ban was declared in order to help end
an upsurge of violence in mineral-rich territories—notably Walikale in Nord-
Kivu province—and was supposedly aimed at rooting out both rebel and FARDC
elements from the mineral trading chain.79

However, it was greeted with scepti-

77

Loi no. 007/2002 (note 64).

78

According to a PROMINES study, ‘examples already exist of artisanal mining zones which were
re-allocated to commercial companies within months of being designated as o cial artisanal mining zones’.
See Pact Inc. (note 6), p. 28.

79

‘Walikale: Joseph Kabila suspend l’exploitation minière’ [Walikale: Joseph Kabila suspends mining
exploitation], Radio Okapi, 10 Sep. 2010, kabila-suspend-lexploitation-miniere/>. The announcement, made on 9 Sep., was reinforced by a pres-
idential communiqué a few days later. President of the Democratic Republic of the Congo (note 66).

NON-MILITARY RESPONSES 31

cism and seems to have had at best mixed results. For example, local com
mentators claimed that FARDC elements used the ban as a pretext for
confiscating minerals at markets, forcing traders to move underground.80

It was
reported that the units that are supposed to enforce the ban at cassiterite mines
started to dig themselves and refused orders to leave the mines.81

Gold was de

facto exempt from the ban, since it is so easily concealed and smuggled.82

The ban
clearly impacted artisanal miners, most of whom are civilians posing no security
risk. Furthermore, recent progress in terms of formalizing and certifying trade
may have been largely undone by the ban, which was imposed without any prior
warning. The ban was lifted, also without prior warning, on 10 March 2011. As
noted above, it seems to have had a negative impact on cassiterite trade but there
are signs that the demilitarization of some mining areas is progressing.

You're Reading a Free Preview

Download
scribd
/*********** DO NOT ALTER ANYTHING BELOW THIS LINE ! ************/ var s_code=s.t();if(s_code)document.write(s_code)//-->