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Study

On the effectiveness of mining traceability and duty of care mechanisms in the Democratic Republic of Congo, the case of the Provinces of North Kivu and South Kivu »

Jackson Niyorugira Sebigunda, PhD

15/11/2024 POLE INSTITUTE, www.pole-institute.org
Cover of On the effectiveness of mining traceability and duty of care mechanisms in the Democratic Republic of Congo, the case of the Provinces of North Kivu and South Kivu »

Summary

This study analyzes the mining traceability mechanisms and duty of care applied in the mining sector of the Democratic Republic of Congo (DRC). The main objective is to evaluate the effectiveness of these mechanisms, to identify the challenges they face, and to formulate recommendations to improve their implementation in a context characterized by complex economic, social and environmental issues.

Mining traceability mechanisms in the DRC show progress but remain limited in their effectiveness. Established to avoid “conflict minerals” and guarantee ethical practices, they face several obstacles. In some regions, minerals continue to escape traceability systems, often due to illegal practices, corruption and insufficient infrastructure. Additionally, the lack of resources and competent personnel within control structures reduces their ability to effectively supervise the entire supply chain. Implementation is also partial, with certain mining areas, especially the most remote or unstable, not being covered. The logistical and administrative complexity of traceability processes adds to the difficulties, causing delays and creating gaps in the monitoring of mineral supply chains. Despite everything, initiatives such as blockchain, raising awareness among local stakeholders, and strengthening mining cooperatives are contributing to progressive improvements. To increase the level of effectiveness of these mechanisms, it is essential to strengthen their governance, in particular by intensifying efforts towards transparency and providing more resources to regulatory bodies.

The study is based on the analysis of primary and secondary data. Primary data, collected from key informants, was processed using a qualitative approach integrating thematic and semantic analyses, making it possible to capture in-depth information on the situation of traceability and duty of care in the DRC. Secondary data, for their part, contributed to a global perspective, based on a quantitative approach.

The study assesses the impact of due diligence initiatives adopted by the DRC, such as those promoted by the OECD, EITI, and other international organizations, on the country's position as a mining exporter. It also examines the strengths and weaknesses of the mechanisms in place, as well as the main challenges and opportunities for improvement.

Data analysis combines qualitative and quantitative approaches to assess mining traceability mechanisms and due diligence. The qualitative analysis, based on semi-structured interviews, uses thematic analysis to identify local stakeholders' perceptions of the challenges and opportunities linked to traceability, and semantic analysis to better understand political issues and power dynamics. Quantitative analysis, for its part, includes descriptive statistics to illustrate production volumes, compliance with traceability standards, and reported violations, with tables and graphs to facilitate data visualization. Finally, a comparison of the practices of the DRC with those of other countries will make it possible to identify areas for improvement.


 


 


The main results of the study are:


Impact of traceability mechanisms on mining exports

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The DRC's adherence to international standards has strengthened the compliance of local mining companies, thereby increasing the transparency of supply chains and attracting international partners. However, the application of these mechanisms is uneven across the country due to corruption, lack of infrastructure and security instability in some regions. By putting in place systems aimed at certifying the legality and ethics of the origin of minerals, the DRC has strived to meet the expectations of international markets, particularly those of Europe and the United States, which are increasingly demanding in terms of transparency and respect for human rights in supply chains. Compliance with this dual requirement is a guarantee of the legitimacy of Congolese mining resources and a factor of attractiveness for multinationals.

Strengths and weaknesses of traceability mechanisms

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The use of modern technologies like GPS and digital databases has improved transparency. However, fraud remains common, particularly through the falsification of documents; it therefore compromises the effectiveness of traceability mechanisms. Small mining companies struggle to adopt these technologies due to high costs and lack of training.

Major challenges in the fight against fraud and illegal exploitation

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Illegal mining, particularly in protected areas and conflict zones, fuels regional instability and poses a significant challenge. Fraud, in the form of falsification of certificates or manipulation of samples, undermines the credibility of traceability mechanisms and limits access of Congolese minerals to international markets.

Improvement Opportunities

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The integration of more sophisticated technologies, such as blockchain, could strengthen traceability systems. In addition, strengthened cooperation between local and international actors, as well as improved infrastructure, are important levers for optimizing the effectiveness of current mechanisms.

The study reveals a series of systems to certify the legal and ethical origin of minerals, including unique labeling, certificates of conformity, digital monitoring systems, and collaborative inspections involving the administration, operators and NGOs. The ICGLR and the EITI also contribute to strengthening the traceability and transparency of mining and financial flows in the DRC.

Although traceability mechanisms in the DRC have enabled progress in terms of transparency and regulation of the sector, they nevertheless remain ineffective and require strengthening in terms of the resources committed, inter-institutional coordination, and the involvement of local and international stakeholders. Continued commitment is essential to overcome current weaknesses and ensure responsible and sustainable mining.

 

https://pole-institute.org/wp- content/uploads/2025/01/Rapport _sur_la_tracabilite_miniere_Pole- Institute.pdf

Citation

Jackson Niyorugira Sebigunda, PhD (2024). On the effectiveness of mining traceability and duty of care mechanisms in the Democratic Republic of Congo, the case of the Provinces of North Kivu and South Kivu ». POLE INSTITUTE, www.pole-institute.org