Legal study into mining in DRC launched at Kinshasa workshop

On 22 June 2023, FPP and partner APEM hosted a workshop in Kinshasa to discuss and share the main findings of a new report on mining legislation in DRC. Participants included government officials, civil society organisations and indigenous representatives, who discussed how mining legislation should incorporate stronger human rights protections and recognition of community land rights.
During the event, participants acknowledged that the lack of concrete due diligence mechanisms and gaps in existing legislation in DRC creates a risk of greater marginalisation of vulnerable populations in the country.
Blaise Mududosi, director of FPP partner APEM, said, “The human rights situation is really serious where mining is taking place, and environmental rights are violated as miners use many products that contaminate water sources. Forests are destroyed for no other reason than to carry out mining activities”.
The study, carried out by FPP lawyer Lassana Koné, was carried out as part of the project ‘Defending forests by defending rights in the Congo Basin’. It examines the legal framework pertaining to land tenure and mining, as well as the capacity of public authorities to respect and apply principles of human rights due diligence, accountability, transparency, and the legality of decision-making procedures.
“Governance of the mining sector in the DRC remains a real challenge. Current gaps in the legal framework governing the mining sector create a risk that indigenous peoples and local communities, as well as other vulnerable groups, will be left behind,” said Koné.
The workshop brought together participants from civil society organisations in Kinshasa, as well as members of relevant Ministries, and representatives of indigenous peoples.

Discussions sought to reinforce participants’ understanding of the legal and practical challenges to developing and implementing human rights due diligence in the mining sector.
“In the absence of an effective national legal framework for accountability that requires human rights due diligence as a standard of conduct, Indigenous peoples and local communities are exposed to the harmful consequences of uncontrolled exploitation that does not respect environmental standards,” said Koné.
Participants had the opportunity to consider the opportunities presented by the Mining Code for local development and more equitable income distribution, as well as to share information on how better to understand and address the impact of the mining sector on deforestation.
The workshop was an opportunity for APEM to present a case study of artisanal and semi-industrial mining carried out around Bafwasende in Tshopo province, which was followed by an exchange and discussion among participants.
Read more (French only) on Environews: Mines : L’APEM alerte sur l’urgence de lutter contre les violations des droits humains et environnementaux dans le secteur minier de la RDC
Overview
- Resource Type:
- News
- Publication date:
- 23 June 2023
- Programmes:
- Supply Chains and Trade Conservation and human rights Global Finance Legal Empowerment Access to Justice Law and Policy Reform
- Partners:
- Actions for the Promotion and Protection of Threatened Peoples and Species (APEM)
- Translations:
- French: Lancement d'une étude juridique sur l'exploitation minière en RDC lors d'un atelier à Kinshasa