DRC-Ventora agreement: what does Dan Gertler win? (Franck Fwamba, mining activist)

The Ventora group of Israeli businessman Dan Gertler is to return its mining and oil assets to the DRC. This, after the signing of a memorandum of understanding for an amicable settlement with the Congolese State. In figures, more than 2.5 billion US dollars will be returned to the DRC. Beyond the gains obtained by the Congolese state, what does Dan Gertler earn? The answers of Franck Fwamba, mining activist and coordinator of the organization “Touche pas à mon cobalt”. 

Franck Fwamba is also a signatory of the declaration of the group of 31 NGOs that took part in the round table organized by the Presidency of the Republic on the agreement signed between the DRC and the Ventora group of the economic operator Dan Gertler

Is the Congolese state a winner or a loser in the amicable agreement signed with Dan Gertler’s Ventora group?

According to the information in my possession in relation to the asset valuation studies that are done by Canadians, Australians, this is a good deal. Congo won by recovering mining assets that Total is envying today. It is a good thing because towards Uganda, the Total company is very advanced because it is about the basin graben albertine, the same one which divides the two countries. 

The DRC should necessarily negotiate with Dan Gertler who has long been accused of predation of the wealth of the DRC? 

Dan Gertler had legally signed his contracts in the DRC, as on the royalties. The presidency has just criticized the ethical side of its contracts. The presidency was forced to negotiate with Dan Gertler to recover certain assets because he is weakened by American sanctions. 

The DRC is obliged according to the agreement to accompany Dan Gertler to obtain the lifting of the sanctions, without obligation of the results. Is this a good initiative?

Today that the DRC says that it will accompany Dan Gertler to obtain the lifting of its sanctions, without obligation of the results, it is not inventing anything. It is rather profitable for the DRC. The way this agreement was negotiated if the sanctions are not lifted Dan Gertler will not be able to return the money he owes Gécamines. The Congolese government can sell the recovered oil blocks and pay Dan Gertler, he will not be able to pay Gécamines, because of American sanctions. Meanwhile, Dan Gertler’s debts will remain. This agreement is in good faith. 

What does Dan Gertler gain from this agreement?

Dan Gertler is in a weak position. He can’t do his business. Its greatest benefit is just the lifting of sanctions. It will lose its mining and oil assets in the DRC. He will just have the benefit of getting his business back on track after the sanctions are lifted.

Do you (the collective of 31 NGOs) continue to demand the publication of this agreement after the participation in the Presidency-Civil Society round table? 

We are not opposed to the publication of this agreement. We are simply saying that there is no legal text requiring the presidency to publish this agreement. It is rather the sectoral ministries that must proceed with the publication of this agreement. The presidency must empower the Ministries of Hydrocarbons and Mines so that the assets are taken and poured into the public treasury. This is a recommendation from our statement. We continue to call for the publication of this agreement. The presidency reassured that it will ask the sovereign ministries to publish but not within the legal timing.