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SarWatch Writer
REPORT OF THE ACADEMIC SESSION TO THE ECONOMIC AND SOCIAL COUNCIL

THE MINING CODE WITH REGARD TO THE IMPERATIVE OF COMMUNITY DEVELOPMENT
Kinshasa, April 22, 2021

The Economic and Social Council (CES) was established by the Constitution of February 18, 2006 (article 208) and has the “… mission of giving advisory opinions on economic and social questions submitted to it by the President of the Republic, the National Assembly, Senate and Government. It can, on its own initiative, draw the attention of the Government and the provinces to reforms which it considers likely to promote the economic and social development of the country.

In line with its mission, that the CES would like to focus on the impact of the revised Mining Code on community development. To do this, the CES turned to Southern Africa Resource Watch (SARW) and the Extractive Industries Transparency Initiative (EITI) for capacity building of members of its Environment and Natural Resources Commission (CERN) and requested the necessary information to enable it to draw up its opinion to be sent to the national and provincial governments.

Course of the academic session

The course of the academic session was coordinated by SARW and the CES CERN rapporteur. The first part of the session saw four interventions. Three presentations focused on the sources of funding for community development established by the Mining Code and the fourth was an inventory of funds generated or to be generated by these sources since the entry into force of the revised Mining Code in March 2018.

Professor Dieudonné Ntambwe (CTCPM) insisted on the objective of the mining royalty, more particularly on the 15% quota allocated to Decentralized Territorial Entities (ETD). This quota should finance community development infrastructure. Me Jean Keba looked at the endowment of 0.3% of the annual turnover of mining companies also intended to finance the same infrastructure. He indicated the difficulties encountered in setting up the body to manage this endowment following the divergence between the services of the Ministry of Social Affairs and those of Mines. Henri Muhiya (CERN / CENCO) presented on the specifications which is one of the innovations of the revision of the Mining Code but which is still bearing fruit as expected.

To complete the theoretical presentations, Jean-Jacques Kayembe (EITI Coordinator) made an inventory of the funds generated by these three sources of funding for community development and the shortfall due to the absence of regulatory measures that were supposed to ensure the application of these legal provisions.

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