10th October 2011

"The anarchy, illegality, and looting in the Kivu region of eastern Congo has benefited certain actors who have no interest in cleaning up the mining sector. Initiatives to fight against mining fraud and smuggling have been challenged by both mining operators as well as members of the mining administration. Certain Congolese political leaders have also been involved. A number of senior Congolese Army officers have used their influence to facilitate mining operations, transport, and export of minerals, and some of them became owners of mines and thereby arraying themselves as miners.

This state of affairs shows that mining exploitation has benefited neither artisanal miners nor local communities: it has been jungle law. Communities in which mining has been taking place have received no benefit associated with mining. The populations have become more and more impoverished, lacking access to drinking water, primary health care, electricity, or education. The contrast between the valuable riches of mining and the perpetual poverty of the surrounding populations has become notorious. It is indeed an activity without any benefit.

In their reports, international and national civil society groups have exposed the guilty involvement of Congolese political, military and police leaders in the commerce of minerals in the eastern DRC in general and in North Kivu and Walikale in particular. As the state has lacked authority in this part of the country, local armed groups (Mai-Mai) as well as foreign armed groups (FDLR) have used mineral wealth to stock up on weapons, ammunition, and essential goods to ensure their survival. Hence, eastern Congo mineral ores have fuelled conflicts to be later termed "blood and conflict minerals". It is indeed a fact of life and denying it would mean we have no desire to change.

Concerned about improving the economic well-being, social and cultural development of local communities affected by mining projects and committed to reform the mining sector in DRC, the Congolese head of state announced a ban on mining activities in the three eastern provinces of Maniema, South Kivu and North-Kivu in September 2010. Shortly thereafter, mining operators denounced this unilateral measure as void, saying it was taken in haste.

Because of their schemes, the head of state’s good faith met serious obstacles to the implementation of this measure, however beneficial. Throughout the ban period, the minerals were mined in fraud, though with the blessing of some military officials.

Anxious to help reform the mining sector, poor artisanal miners stopped any official mining activities, in good faith. However, they unfortunately began to work without any compensation as forced labor for armed groups, in mine shafts more than 300 feet deep. It was the reign of secured fraud.

In March 2011, based on reports by technical services in the Provinces, the National Ministry of Mines invited stakeholders to sign Commitment Acts by which they demonstrate their willingness and commitment to comply with the provisions of the Congolese Mining Code and Regulations adopted in 2002. Consequently, on March 10, 2011, the ban lift was announced. In a country that is supposed to be lawful, citizens sign Commitment Acts in order to comply with the constitution and other legal provisions. It seems strange indeed, yet understandable given the DRC's recent history. Though the ban was lifted, people awaited the enactment of U.S. legislation "Obama’s law" Section 1502 of the Dodd-Frank Act of 2010. April 1, 2011 was regarded by mining operators as a fateful day. Affected by the mining activities ban for a period of six months, and whose lift they lobbied for secretly, mining operators undertook, as always, a media campaign demonizing the U.S legislation. Terming it Obama’s “de facto embargo" on eastern Congo minerals, they hoped it would help them get a-3-year phase-in or postponement of implementation of the legislation.

Section 1502 of the Dodd-Frank Act of 2010 will give much material for research and debate to analysts, journalists, observers, mining operators and independent researchers. Depending on their interests and concerns, everyone will develop theories for or against the U.S. legislation. This represents the spectrum of interests and views. Mining operators and those they succeeded to rally through their lobbying will focus on broadcasting the negative effects of the U.S legislation. Through ignorance or manipulation, some poor miners will be convinced that the legislation was intended as an embargo to harm their livelihood, without understanding the benefits of the law. It should be noted that in substance the law does not pose a serious problem, but it is the interests that are prevailing here. The interpretation of law here, on the ground, depends on the interpreter’s position, as the interests are indeed quite different. Mining companies’ interests are significantly different from those of the Congolese mining operators. Artisanal miners’ interests do not meet those of mining operators. The interests that the Congolese government seeks to protect are not necessarily those of local communities.

Where does civil society stand? It is divided. A large chunk of civil society has strayed from the traditional vision and mission of civil society. It has committed to supporting and defending the interests of mining companies and mining operators. And it is this camp that is most listened to. However, another part of civil society, likely the minority group, continues to play its role of defending the society and general public interest by focusing on the positive impact mineral exploitation should have on the development of local entities. This section of civil society has not ceased to expose the link between trade in minerals and the proliferation of armed groups, entailing armed conflict, mass rape of women, human rights violations and death.

It must be recognized that the requirements of the Dodd Frank Act have consequences on mining operators’ activities and the populations. While some of these consequences are negative, many more are positive. There has been a decline in the economic activity in mining areas and other communities whose everyday livelihood is sustained by this activity. Given the high Congolese unemployment rate and the lack of a guaranteed minimum wage for those employed, artisanal mining, despite its dehumanized working conditions under which it operates, helps even slightly to the survival of miners’ families and many other people. It is an indisputable reality.

However, Section 1502 of the Dodd-Frank Act of 2010 has far greater positive effects. We must be sincere and honest to recognize them. This law contributes to the efforts of the Congolese government to clean up the mining sector. It supports the Congolese president’s reform efforts, as the disorder in the mining sector has been the source of many evils that have plagued eastern Congolese society."