DRC: NGOs demand interministerial decree on 0.3% allocation for community development in mining areas
Civil society organizations invite the Ministers of Mines and Social Affairs to sign without delay the order approving the Manual of procedures and management of the 0.3% endowment for community development in mining areas.
Civil society organizations that are members of the Platforms for Coordination of Actions for the Governance of Natural Resources, Makuta ya Maendeleo and Congo N est Pas à Vente (CNPAV), in a press release published this Friday, June 11, 2021, invite the ministers of Mines and Social Affairs to sign “without delay” the interministerial decree approving the Manual of procedures and management of the allocation of 0.3% of the turnover of mining companies for contribution to community development, in accordance with the revised mining code and the consensus reached among all stakeholders.
These signatory organizations note that the two ministers (Mines and Social Affairs) are still unable to mimic this decree, three years after the entry into force of the revised Mining Code of March 2018. This interministerial decree aims to define the modalities of management of this endowment by the representatives of the rights holder and of the affected communities as well as the government control mechanisms in accordance with the spirit and the letter of articles 258 bis and 285 octies of this code.
“This delay is mainly based on debates without a legal basis in the Mining Code and on the search for the positioning of certain public services in the management of this allocation, including the FNPSS (National Fund for Promotion and Social Service) which inadvertently attempt to establish centralized management of this allocation, which is detrimental to beneficiary communities ”, notes these NGOs in their press release.
They recall that despite the problematic nature of the provisions of Articles 414 sexies and septies of the revised Mining Regulations, all the stakeholders have already reached a consensus on the content of the Manual of procedures and management of this allocation.
“This consensus has been observed several times during the various tripartite works co-organized by the Ministries of Mines and Social Affairs with the participation of civil society and representatives of mining companies between October 2019 and December 2020, at the request of the Prime Minister. Outgoing Minister Sylvestre ILUKAMBA. This consensus has just been reinforced by the Chamber of Mines of the Fédération des Entreprises du Congo (FEC) which also approved in the same terms the Manual of procedures for managing this allocation during its technical workshop on corporate social responsibility. mining, organized in Lubumbashi from 04 to 05 June 2021 ”, they argue.
Thus, these organizations urge the Minister of Mines and his colleague of Social Affairs “to sign without delay the interministerial decree approving the Manual of procedures and management of this allocation according to the consensus reached between the stakeholders which is consistent with the work. tripartite review of the mining code and articles 258 bis and 285 octies of the revised mining code ”.
They say they reserve the right “to support the communities benefiting from this endowment before national, regional and international judicial and non-judicial bodies in the event of non-signing of this decree as soon as possible or in the event of adoption of a Manual of procedures contrary to the revised Mining Code and to the consensus reached between all stakeholders ”.
