DRC Civil Society Challenges Minister of Mines’ Permit Revocation
Civil society organizations in the Democratic Republic of Congo (DRC) are criticizing the Minister of Mines, Antoinette N’samba, for her decision to revoke the operating permits of Boss Mining and Comide in the Katanga area. They claim the procedure was biased and violated the law, demanding that the affected companies be reinstated.
Members of the “All for the DR Congo” coalition expressed their concerns during a press briefing, stating that local communities, which previously benefited from social initiatives initiated by the sanctioned companies, were now suffering due to the permit revocation.
The coalition warns that the Minister of Mines’ decision could lead to international arbitration, potentially costing the DRC significant sums if the country loses its case.
Boss Mining SAS and Comide hold mining permits for various projects in the DRC. The permits for Comide, a subsidiary of the ERG Group, were issued in May 2002 for 20 years and are being renewed for 15 years.
Boss Mining SAS, a joint venture between the ERG Group (51%) and Gécamines (49%), received permits in April 2009 for 15 years, which are currently being renewed for an additional 15 years following a legal agreement between partners.
The Ministerial Decrees revoking the permits were issued on July 31, 2023, citing the companies’ failure to meet their social obligations regarding the development of societal responsibilities specifications.
However, “All for the DR Congo” argues that the failure to draw up specifications is not grounds for permit forfeiture under the Mining Code, which requires specifications to be drafted no later than six months before production begins.
Boss Mining and Comide have already filed administrative appeals against the Ministerial Decrees, asserting that the decrees lack legal basis and violate applicable procedures.
These companies have provided essential services to local communities, such as drinking water, electricity, and medicines. The permit revocation has left these communities uncertain about their future, and civil society actors in the mining sector are advocating for the restoration of the companies’ rights to protect livelihoods.
Representatives of affected communities are preparing to meet with top government officials to seek the reinstatement of the companies’ permits, which would alleviate the concerns of many employees and their dependents.
