Congo Civil Society Commends DRC Govt for Ventora Deal

During a press conference held on Friday, June 2, Congo N’est Pas à Vendre (CNPAV) commended the Congolese government for publishing the final documentation that completes the agreement between the Democratic Republic of Congo (DRC) and Ventora Development, a group associated with Dan Gertler.

The coalition of Congolese civil society, CNPAV, urges the Ministry of Mines to build on this progress by also releasing the five settlement agreements from March 16, 2023, along with the terms of reference from February 9, which are integral to the agreement.

The CNPAV spokesperson further urged the government to renegotiate the terms to ensure that the Congolese people can benefit from the royalties rightfully owed to them.

According to the CNPAV, the agreement between the government and the Ventora group allows Dan Gertler to continue receiving royalties estimated at an average of $250,000 USD per day. The coalition calls for the renegotiation of this agreement.

The CNPAV press release states, “The final documentation confirms many of our fears. Despite the substantial losses already suffered by the DRC, the government has committed to paying several hundred million euros more to Ventora to recover assets whose value has not been independently certified.

Moreover, the agreement allows Mr. Gertler to continue collecting royalties from three major copper-cobalt projects, averaging $250,000 per day. The CNPAV has consistently questioned the manner in which these royalties were acquired and the resulting loss of earnings for the Republic. Finally, the agreement shields Mr. Gertler from prosecution for corruption allegations that have led to sanctions against him in the United States.”

The CNPAV emphasizes the need for transparency in this matter, stating, “Various sources have informed us that a renegotiation of the February 2022 agreement is underway.

The coalition, Le Congo n’est pas à Vendre, demands that this renegotiation result in the complete return, without any counterparty, of all assets currently held by Mr. Gertler’s companies, including royalties in Mutanda Mining, KCC, and Metalkol. Any amendment or reformulation of the agreement must be made public, in accordance with the Mining Code.”

Regarding legal proceedings, the CNPAV notes that despite Dan Gertler’s announcement to suspend legal actions against civil society and the media, they have not received any confirmation from the Congolese courts regarding the termination of these proceedings. They state, “Despite the April 17 announcement that Mr. Gertler would suspend legal actions against civil society organizations and the media, we have not received confirmation that Mr. Gertler has formally informed the Congolese judiciary of his withdrawal from the case he initiated against our spokesperson, Jean Claude Mputu, and his employer, Resource Matters.”

Despite these circumstances, the CNPAV extends an invitation to Mr. Gertler for a constructive dialogue, aiming to exchange perspectives and thoroughly analyze the data and justifications he invokes to defend the agreement.

The coalition hoped to hold this meeting during the past week or, at least, a preliminary meeting. However, Mr. Gertler proposed a lengthy preliminary process in return.

The CNPAV sent him a proposed agenda and a list of three potential facilitators. The coalition expects Mr. Gertler to respond with a similar proposal as soon as possible. They intend for the meeting to take place before July 15, 2023.