Urgency called for in setting up 0.3% allocation for community development in mining areas – DRC
Three civil society organizations from the DRC, “The Congo is not for sale (CNPAV), Makuta Ya Mandeleo and the Coordination of Civil Society Advocacy Actions for the Governance of Natural Resources”, published Monday 07 September, a joint declaration on the urgency of setting up the 0.3% allocation for community development in mining areas.
The three civil society platforms call on 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 mining areas, in accordance with the provisions of the revised mining code and the consensus reached among all stakeholders.
“More than three years after the entry into force of the revised Mining Code, the Civil Society Platforms signatories of this declaration note that their Excellencies Madam and Mister the Ministers of Mines and Social Affairs are still unable to sign the order aiming to define the methods of management of this endowment by the representatives of the holder of the right of exploitation and of the affected communities as well as the governmental control mechanisms according to the spirit and the letter of the provisions of articles 258 bis and 285 octies of the code revised mining “, deplore the three civil society platforms.
These organizations accuse certain public services, including the FNPSS, of being at the base of the blocking of the endowment of 0.3% of the turnover of mining companies for contribution to community development in mining areas.
“This delay, which is detrimental to communities living in mining areas, is mainly caused by debates without a legal basis and the search for the positioning of certain public services, including the FNPSS (National Promotion and Social Service Fund) which inadvertently seek to obtain management. funds from this endowment with a view to allocating them for purposes other than those provided for by law “, indicates the joint statement of these three organizations.
The three platforms 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 the FEC Chamber of Mines between October 2019 and December 2020, in the request of former Prime Minister Sylvestre Ilunga Ilunkamba.
“This consensus was recently reinforced by the conclusions of the technical workshop organized in Lubumbashi from June 4 to 5, 2021 by the Chamber of Mines of the FEC on the social responsibility regime of mining companies of the revised mining code. The workshop approved in the same terms the Manual of procedures for the management of this allocation as in the previous tripartite workshops ”, specify these organizations.
In the same vein, stakeholders from seven mining provinces and the City-Province of Kinshasa who participated in the joint plenary session of the multi-stakeholder dialogue platforms IDAK (Sustainable Investments in Katanga and IDAKI (Sustainable Investments in Kivu) held in Kolwezi from 04 to 06 August 2021 recommended the immediate signing of this decree by the two Ministers following the model of the Community Social Fund of the company Tenke Fungurume Mining and that the government bodies mentioned in the mining regulation be members of the Council of Administration of
the fund management entity.
In view of the above, the three civil society platforms urge the Ministers of Mines and Social Affairs to sign without delay the interministerial decree approving the Manual of procedures and management of this allocation following the consensus found between the stakeholders which complies with the tripartite work to revise the mining code and articles 258 bis and 285 octies of the revised mining code. They also invite Prime Minister Sama Lukonde to facilitate the signing of this decree as soon as possible.
The three platforms reserve the right to support the communities benefiting from this grant before national, regional and international judicial and non-judicial bodies in the event of non-signing of this decree as soon as possible or the adoption of a Handbook of procedures contrary to the provisions of the revised Mining Code and to the consensus reached between all stakeholders.
