News from September 19 to 21, 2023: Workshop on the application of the provisions of the Mining Code in the DRC
The Extractive Industries Transparency Initiative in the Democratic Republic of Congo (ITIE-DRC) recently organized a discussion and awareness workshop on the application of the provisions of the Mining Code and the orders relating to the allocation of 0.3 Minimum % of turnover of mining companies in the DRC. This workshop took place simultaneously in several cities across the country, including Durba, Goma, Lubumbashi and Kolwezi.
The objective of this workshop was to remove gray areas and promote better understanding between stakeholders regarding this controversial issue. Experts from EITI-DRC as well as those from the Ministry of Mines, Local Administrations and other institutions led these discussions.
The application of articles 258 bis and 285 of the Mining Code requires mining companies to devote at least 0.3% of their turnover to community development projects. Several regulatory texts have been taken to specify the modalities for implementing this obligation, in particular Interministerial Order No. 00820/CAB/MIN/MINES/01 and No. 003/CAB.MIN/AFF.SOC.A.H.SN of 12/21/2021 which approves the Manual of procedures for managing the allocation of a minimum of 0.3% of turnover.
The community needs covered by this allocation include the construction of basic infrastructure (roads, schools, hospitals, etc.), access to drinking water and electricity, the creation of jobs and local businesses , as well as improving hygiene and sanitation.
However, despite the establishment of specialized structures responsible for supervising the use of this allocation in certain regions, challenges persisted. In particular, there was a lack of communication between communities, civil society organizations and specialized organizations, as well as a lack of support from the government. In addition, some members of the specialist agencies encountered blockages from authorities or their own colleagues, and there was limited understanding of the 0.3% Endowment Management Procedures Manual.
It is in this context that the EITI-DRC organized these exchange and awareness workshops. The objectives were to achieve a common understanding of the regulations, to consistently disseminate information on the 0.3% allocation, and to set up a mechanism for systematic information sharing between businesses, administrations and impacted communities.
Delegates from impacted communities, representatives of mining companies, local administrations, technical services of the ministries concerned and civil society organizations participated in these workshops.. The discussions made it possible to discuss the challenges encountered, share experiences and find solutions for better implementation of the 0.3% allocation for the benefit of community development.
In short, this workshop constituted an important step in consolidating transparency and accountability in the mining sector in the DRC. It also helped strengthen mutual understanding and promote more inclusive and sustainable practices for the development of communities impacted by mining. Monitoring and execution of the measures discussed during this workshop will remain essential to ensure effective implementation of the 0.3% allocation and maximize its positive impact on local development.