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DRC: The new government called to put an end to the Sinon-Congolese convention and to apply the mining code regime
Last updated: 2024/06/13 at 12:58 AM
MiningPublished June 13, 2024

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The new government of Prime Minister Judith Suminwa Tuluka is called upon to put an end to the Sino-Congolese convention and to apply the Mining Code regime to this project. This exhortation is formulated by the Congo Is Not for Sale coalition (CNPAV).
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Convention promoting corruption and embezzlementDaniel Bawuna
“Congo is Not for Sale (CNPAV) notes the uncertainty of infrastructure financing, the ambiguity on loans as well as the maintenance of imbalances and shortfalls for the Congolese population after the renegotiation of the Chinese Contract (Sicomines )”, indicated this coalition.
However, the CNPAV coalition welcomes the publication within the legal deadlines of Amendment 5 signed on March 14, 2024 between the Congolese government and the Chinese business group (GEC), after more than a year of negotiations.
However, the CNPAV says it is "concerned by the clauses of this amendment which introduce uncertainty on the financing of infrastructure, amplify the ambiguity on infrastructure loans and maintain the structural imbalances and the shortfall that the Congolese party suffered for more than 15 years.
Convention promoting corruption and embezzlement
From the careful analysis carried out of this amendment, the CNPAV noted that the conclusions of the renegotiation of the Sicomines Convention did not resolve the structural imbalances documented and decried by civil society organizations and the EITI Executive Committee -DRC.To be very clear, these imbalances concern in particular the management of Sicomines outside the usual circuit of public finances favoring corruption and the misappropriation of public funds, the shortfall caused by the total tax exemptions not quantified or evaluated granted to the Sicomines, the absence of technology and skills transfer clauses in the construction of infrastructure, unjustified minority shares of the Congolese party in the Sicomines joint venture and extremely low disbursements for infrastructure contrary to the expectations of the Congolese populations and to the commitments of the Chinese side.
It is unfortunately noted, the uncertainty of funds to finance infrastructure since the beginning of the year, President Félix Tshisekedi, the General Inspectorate of Finance (IGF) and the International Secretariat of the EITI have affirmed that the Chinese partnership will bring at the end of the negotiations a total of seven (7) billion US dollars in revenue, or 324 million US dollars per year for infrastructure investments.
Unfortunately, amendment 5 does not provide any guarantee that these announced revenues will be realized for the Congolese State. Rather than providing with certainty the sum of 324 million US dollars per year as announced by the Congolese authorities, amendment 5 conditions the financing of infrastructure on the price of copper on the international market, a variable that the DRC does not control.
According to the clauses of amendment 5, the Congolese party will only be entitled to 324 million US dollars per year to finance infrastructure if the price of copper exceeds 8,000 US dollars per tonne.
Cobalt, a strategic mineral forgotten in the calculations or offered as a gift to the Chinese side?
The CNPAV notes that amendment 5 did not include the revenues generated by cobalt in the revenues intended to contribute to the financing of infrastructure.
However, in the initial agreement, the DRC made considerable cobalt reserves available to Sicomines of around 619,000 tonnes, or 5 times the total annual production of the DRC, all projects combined.
In addition, according to statistics from the Lualaba Provincial Mines Division, Sicomines produced 34,000 tonnes of cobalt hydroxides from 2019 to 2023, and the CNPAV coalition wonders if amendment 5 has just offered the cobalt revenue as a gift to the Chinese side or if the Congolese negotiators forgot that this mineral already declared strategic by the government of the DRC because of its capital importance in the global energy transition?
Faced with this constant continuity of the unbalanced nature of this partnership for the Congolese side, the CNPAV demands the maintenance of exemptions, and the parallel management of Sicomines vis-à-vis the regular circuit of public finances.
For these reasons, the CNPAV recommends to the new Congolese government of Prime Minister Judith Suminwa to terminate the Convention and subject Sicomines to the same regime governing all other mining projects, in particular that of the Mining Code as revised in March 2018.