SUMMARY:

ÉDITORIAL: Insecurity, mafia and « blood minerals »

1. KIVU

a. Armed groups renew attacks

b. Insecurity

c. New operations against armed groups

d. Different interpretations

e. The cause of failure

2. FRAUDULENT TRADE OF « BLOOD MINERALS »

a. A book on the transportation of cassiterite

b. Silence. Continuing looting and killing in the east of the Democratic Republic of Congo.

c. A ministerial decree to implement the Regional mechanism for certification of natural resources

d. The list of 85 companies officially designated by the United Nations in the looting of Congolese minerals

Editorial : Insecurity, mafia and “blood minerals”

In recent months national and foreign armed groups still active in Kivu have resumed and intensified their military activities in the east of the Democratic Republic of the Congo (DRCongo).

The local population continues to live in a situation of great insecurity: attacks on villages, looting, rape, kidnapping, assassination and arbitrary arrest are the order of the day, to such an extent that the army and the United Nations Mission in the Democratic Republic of the Congo (MONUSCO) recently conducted new military operations against these armed groups: “Perfect Peace” in South Kivu and “Thunderbolt” in North Kivu. Other similar operations have been carried out in the past (Umoja Wetu, Kimia II, Amani leo) but all with negative results. It would be worth knowing why. It was found that a predominantly military approach is clearly inadequate and in fact causes unacceptable collateral damage.

At the root of the conflict there is in fact a mafia-style network that revolves around the illegal trade in minerals. It is made up of army group leaders, regular army officers, government and security services agents, politicians, brokers and mining company agents. This illegal network is not just local but has international connections particularly in neighbouring countries like Rwanda, Uganda, Burundi, Tanzania and Kenya. Illicit, illegal trade in minerals from Kivu has become a source of finance for the armed groups, of unlawful enrichment of certain military and political authorities and a means of territorial domination and occupation of the Congo by foreign countries. For the sake of these interests there is no hesitation in forming unnatural alliances. There is complicity between armed groups who are supposed to be each other’s enemies, between the regular army and illegal armed groups, between armed group commanders and traders and between army officers and businessmen.

What makes the elimination of these illegal networks difficult is that important army officers are to be found at its centre. Reports from various international organisations for human rights and from the UN expert monitoring group for DRCongo name names, of which the most frequently mentioned is that of Bosco Ntaganda, deputy commander of the Amani Leo operation in north Kivu, who has been wanted by the International Criminal Court for war crimes and crimes against humanity since an arrest warrant was issued in 2006. The problem is that in Kivu the army is essentially made up of DRCongo and CNDP soldiers, two former politico-military movements created and maintained by neighbouring Rwanda. Furthermore, the command of these troops is again in the hands of officers from these two groups to the detriment of other components who feel marginalised and frustrated. Chief of staff for the armed forces in Kinshasa, General Gabriel Amisi Kumba comes from these old movements.

In this context, the problem of insecurity in the east of the country must be addressed as part of the reform of the mining sector, the army, security services and justice department not to mention international relations.

In terms of the reform of the mining sector, the main problem is that of mineral traceability. To this end the “certificate of origin” and labelling of mineral products before export is an essential and necessary step. Army reform includes not only training, equipment and military pay but also logistics and appointments to positions of command. Since certain military people are too implicated in the illegal mineral trade, reforms should proceed to transfer these troops to other provinces in the country and to appoint other officers to command positions. There has already been a failed attempt to affect such transfers. The current military authorities are justifying their on-going presence in Kivu because of the need to combat the Democratic Forces for the Liberation of Rwanda (FDLR). However, in the meantime, they collaborate with them in the illegal exploitation of minerals and have no intention of fighting them because they know that once neutralised they will have no more reason to remain in Kivu. Because of official incentives, which in reality are actually really just pretexts, they have let it be known that they are not ready to give up the large profits that stream from mineral trade. It is very difficult to implement this reform for not only is the military armed to the teeth but it also has the support of the Rwandan regime which uses them as an occupying force in Kivu. A great quantity of Kivu minerals in effect transit through Rwanda thus providing the dignitaries of the Rwandan regime with a source of profit.

The judicial system ought also to be strong and independent, in order to be able to pursue individuals and businesses which are implicated in the illegal trade of natural resources or who are responsible for war crimes and crimes against humanity. Recently, the ICJ again requested that the Congolese government arrest and hand over Bosco Ntaganda. However, the government responded that it cannot turn him over because “he played a very important role in bringing peace to the country”. In fact, it cannot be ruled out that conscious of the weakness of its army the government fears the start of a new rebellion in the east, stirred up, as before, by the Rwandan regime (the AFDL, the RCD and the CNDP). It is known that Ntaganda is only a pawn in the service of Paul Kagame, currently president of Rwanda. If the CPI wants to lay its hands on Bosco Ntaganda, it must also deliver an international arrest warrant for Paul Kagame. There would be no difficulty in stating the main charges. It would suffice to examine the mapping report, published by the United Nations commission on human rights, on war crimes and crimes against humanity committed in the DR Congo between 1993 and 2003. And if it could not do so for reasons of presidential immunity from which Kagame benefits, the UN, the African Union, the European Union and the entire international community has the duty to exert whatever form of pressure is necessary in order that he leave office.

1. KIVU

March 3rd, the Deputy Special Representative of the Secretary-General of the UN in DRC responsible for human rights issues, Leila Zerrougui, on a fact finding mission in the territories of Kaniro, Masisi et Walikale (North Kivu) expressed concern at the resurgence of activity by armed groups, foreign and local, and at the resulting population displacement.

Indeed, these armed groups had remained relatively quiet during the long Congolese electoral process at the end of 2011. But as soon as the elections were over they resumed attacks.

Among the foreign armed groups are the Democratic Forces for the Liberation of Rwanda (FDLR), the Lord’s Resistance Army (LRA), and the Allied Democratic Forces (ADF) from Uganda. Included in the national armed groups are, amongst others, the Alliance of Patriots for a Free and Sovereign Congo (APCLS), the Mai Mai Yakutumba (the Alleluia faction), the Ndumu Defence of Congo (Mai Mai Sheka), the Maï-Maï Raïa Mutomboki group, the Maï-Maï «Guides», and the Congolese defence Force (FDC).

a. Armed groups have renewed attacks

December 25th 2011, the Maï-Maï “Guides”, a new Congolese militia operating in the eastern DRC clashed with rebels of the Democratic Forces for the Liberation of Rwanda (FDLR), at Ntoto, situated just over 100km north-west of Goma, in the Waloa Uroba group, east of the Walikale region in North Kivu. Four members of the Democratic Forces for the Liberation of Rwanda (FDLR), three civilians and a MAI Mai “Guides” militiaman were killed during the confrontation.

December 30th 2011, five people were killed by members of the Democratic Forces for the Liberation of Rwanda (FDLR) during attacks on three villages (Ngenge, Kanyati, Buhimba) in the Waloa Yungi group in the Walikale region (North Kivu). According to local civilians these Rwandan rebels came to dislodge the self-defence forces called “Guides” which had taken control of these areas.

On the nights of the 1st to 2nd January and 3rd to 4th January in the Shabunda region, in the province of South Kivu, the Democratic Forces for the Liberation of Rwanda (FDLR) launched two attacks in which at least 26 people were killed and 13 others were wounded. “The first attack targeted the leadership of Luyuyu, killing 18 civilians and burning six houses. The second attack in the town of Ngolombe, left eight dead “said Colonel Sylvain Ekenge, spokesperson for the Amani Leo military operations in North and South Kivu. According to the human rights organisations, cited by UN-sponsored Radio Okapi, the death toll amounted to about 40.

These human rights organisations report that at Luyuyu the attackers killed 30 people amongst whom was a pregnant woman who was disembowelled and whose foetus was thrown on the ground. Eight other people are said to have been killed as Ngolombe. The leader of the village of Kishenya was beheaded. The attackers are said to have looted supplies and medicines from the warehouse of the organisation «Action Solidarité». The attackers said these killings were reprisals against civilians accused of collaborating with the local self-defence forces known as «Raia Mutomboki», made up of young people of the Shabunda region who organised self-defence groups to combat the FDLR which they consider foreigners occupying their lands.

January 6th, an exchange of fire between armed forces of the DRCongo and Mai-Mai Guides militiamen resulted in 10 fatalities at Ufamandu 1, 42km north east of the city of Minova in North Kivu. Amongst the dead, were 6 FARDC soldiers and 4 Mai-Mai.

Between March 1st and 4th, thirty-six people were killed during an attack attributed to the Raia Mutomboki militia in three villages near to Ekingi in the Kalehe region (South Kivu). According to a communiqué from the commander of the Amani Leo operation, thirty one Rwandans, dependants of the Democratic Forces for the Liberation of Rwanda (FDLR), two Congolese civilians and three members of Raïa Mutomboki were victims of these killings.

The communiqué from the commander of the Amani Leo operation indicated that members of the Maï-Maï Raïa Mutomboki from Kalonge killed unarmed civilians with machetes and guns in the regions of Ngunda, Muhinga et Muhombe. In Muhombe, the village leader was killed along with twelve FDLR dependants who were staying with him. All had volunteered to be repatriated. In Muhinga 11 FDLR dependants and a Congolese woman married to a member of the FDLR were killed. In Ngunda, 8 other FDLR dependants were killed. In retaliation, FDLR soldiers killed three members of the Raia Mutomboki who were fleeing to Kalonge after the massacres. The militiamen of «Raia Mutomboki», organised in self-defence groups, regularly launch raids against FDLR rebels, seen as a foreign occupying force.

b. Insecurity

March 1st, nine representatives of human rights organisations denounced the fact that no fewer than 300 people have been killed during the last 12 months in the province of South Kivu (East), which is an average of 25 a month. It was the director of Caritas in Bukavu who personally presented the complaint to the interior minister, Etienne Babunga, who currently acts as Governor of South Kivu during the wait for local elections.

The deteriorating security situation takes place in the context of resumed activity by foreign and local “negative forces” and of certain undisciplined soldiers of the FARDC. Human rights defence organisations and civil society groups are calling on national and local authorities to open an inquiry into the violence affecting South-Kivu. A civil society leader spoke out last January saying “We are appalled by the complete lack of accountability for crimes and violence against innocent civilians. We are surprised at the large sums of money being poured into military operations to reinforce security whilst killings, rapes, kidnappings, looting and fighting happen every day”.

Insecurity has also taken up residence in Beni and Lubero in the province of North Kivu. The result: inhabitants of these communities can no longer quietly go about their principal occupations, namely farming. The fields are basically overrun by soldiers of the former rebellious component, the National Congress for the defence of the people (CNDP), that the natives identify as Rwandans. They commit all kinds of violence with total impunity. They help themselves to what they want in the fields, rape, murder and kidnap. The farmers are deprived of their crops which they do not know when to harvest for fear of ambushes by these soldiers.

Downright lawbreakers carry on as if they were conquerors. More fields become their property, homes are not spared: goats, chickens, money and other valuable objects are taken away. Nor is the relish of raping the women absent. Neither do they hesitate rounding up men who dare protest. The soldiers label them Ugandan rebels of the ADF/Nalu, kidnap them and kill them.

In areas situated away from the towns, these outlaws attack schools at nightfall to find somewhere to sleep. Places they leave before the school children arrive. One may well ask in what state they leave these educational establishments. Especially when we know they are no choirboys.

c. New operations against armed groups

February 15th, a joint operation of the armed forces of the DRC/Monusco, called “Amani Kamilifu” (Perfect Peace), organised to track rebel Hutus of the Democratic Forces for the Liberation of Rwanda (FDLR), began in the regions of Shabunda, Mwenga, Kalehe and Kabare (South Kivu). The aim of the operation is to force the Rwandan rebels to agree to repatriation to their country of origin. According to sources close to the FADRC, “Amani Kamilifu” is a response to several recent attacks against local people who fleeing the ongoing insecurity in droves. The operation began in the areas where the FDLR operate with surveillance missions and aerial reconnaissance to gather information. Messages went out, in the local media, among others, asking the FDLR to participate voluntarily in the process of repatriation. According to the agreement made with the FADRC and Monusco, the UN mission will provide support to Congolese soldiers who carry out actions in the field. Civilian members of Monusco as well as representatives from Civil Affairs, Human Rights and Child Protection will also take part in the Amani Kamilifu operation. These groups work together during these operations in order to counter any repercussions that might ensue from any clashes and to alert humanitarian agencies to the need for possible assistance.

March 21st, the military spokesperson for Monusco, Lt.Col.Félix Prosper Basse, announced during a weekly press conference in Kinshasa that Monusco forces and the FADRC recently launched an operation called “Thunder Bolt” (“Radi Strike”) in North Kivu. The objective was to combat the insecurity fostered by the negative forces, the FDLR in particular, still active in this eastern province of the DRC.

d. Different interpretations

The Vatican news agency Fides openly condemned the plan to empty the two Kivus of their populations through military campaign, a facade which affects local populations more than the so-called negatives forces.

A source from a local church east of Bukavu, capital of South Kivu, told the Vatican Fides News Agency “We know almost nothing about the operation “Perfect Peace” launched here in South Kivu a few weeks ago, which was subsequently extended to North Kivu”. The two Kivus are provinces in the east of the Democratic Republic of the Congo, bordering Burundi, Rwanda and Uganda, rife for some 20 years with different armed groups, some local and others of foreign origin. Amongst these are the FDLR (Forces démocratiques de Libération du Rwanda), the Mai Mai and the Lord’s Resistance Army (LRA) of Joseph Kony.

Periodically, the Congolese Armed Forces (FARDC) launch military offensives whose official target is to give chase to these groups grouped under the term “negative forces”. The FARDC enjoy piecemeal support from the UN mission in DRC (MONUSCO) and from armed forces of neighbouring countries. In the case of operation “Perfect Peace”, it seems that the FARDC operated alone with logistical support from UN troops.”No journalist directly follows these offensives which are now periodic. In the absence of information from independent sources, the Congolese authorities and the UN tell us what they want” says the Fides source. “We have no information about confrontations between Congolese and rebel forces but it is certain that military operations are emptying these areas of their population, probably to allow others to occupy the area. According to a letter in the British daily newspaper, “The Guardian”, the “Perfect Peace” operation forced approximately 100,000 civilians to evacuate their villages. A figure which our source believes is credible. “ The Congolese army is putting on a show with the complicity of MONUSCO on the pretext of cracking down on rebel groups such as those of the FDLR whilst it is putting in place a strategy to empty the two Kivus of their population in order to move in others to take their place” concludes the Fides source”.

For more than two months there have been clashes between the FARDC and Rwandan Hutu rebels in several villages of Walikale, Masisi and Rutshuru with collateral effects on the civilian population. Unfortunately, these targeted operations seriously risk provoking a humanitarian catastrophe because accompanying measures of support and assistance to the displaced populations are not forthcoming at the same time.

According to an article by Marcellin Solé, consultant to the Office of Research and Development (BED), it is difficult to think of destabilising the foreign armed groups, the Rwandan FDLR and the Ugandan ADF through joint FADRC-MONUSCO operations, all the more so because some Congolese soldiers, under-paid and poorly equipped, often collaborate with them.

Consequently, the American agencies have devised a series of technical measures capable of eradicating the threat to the respective frontiers of their allies in the region, Rwanda and Uganda. To do this, plans were made to initiate infiltration operations and covert action in order to:

– boost intelligence and co-ordination in order to obtain as accurate information as possible of ground forces

– prioritise the elimination of politico-military subversion (liquidation of presumed leaders of militias and rebellions)

– avoid military campaigns unless based on solid intelligence – these operations should in principal be led by government soldiers.

Unfortunately the lack of a republican army in the DRCongo provided an opportunity to neighbouring countries, especially Rwanda and Uganda, to organise independent operations on Congolese soil with a view to neutralising the threat close to their borders with the DRCongo.

Given the urgency of the situation and especially of this disquieting situation where currently a failed state prevails in DRCongo, neighbours in the east have decided to take matters into their own hands, putting in place one-off actions, thanks to mobile strike forces capable of hitting specific targets. It was a case of reconnaissance operations deep behind enemy lines to strike the enemy’s nerve centres in a targeted and controlled way. All of which means smaller teams with consistent access to cunning and secrecy, able to gradually use direct force or coerce collaborators into doing so.

For some time the populations of North Kivu have spoken of nocturnal infiltrations by soldiers of the Rwandan army without exactly knowing their objectives and or for how long they would have been on Congolese soil. In fact, it was a matter of surprise attacks led by special Rwandan forces against FDLR rebel chiefs.

Likewise, in the North East of the DRCongo, American agencies are working on gathering as much information as possible on the military capabilities and movements of the LRA with a view to co-ordinating operations to be led by mobile teams of the Ugandan army.

e. The cause of failure

It is more than 15 years ago that rebel Rwandan Hutus decided to settle in the provinces of Kivu and exercise de facto control since their collaboration with the Kabilistes regimes. They have socially embedded themselves for the long term having married Congolese women with whom they have had numerous children. Well organised, they have known how to exploit the region’s rich natural resources to equip themselves with arms and munitions and have established an organisation to provide security and administration for the people. In the absence of a sufficiently strong political power, they have behaved as conquerors, allying themselves to some local armed groups to gain the sympathy of the indigenous people. Over time, the east of the country has become a bastion of militiamen and rebels, foreign and domestic, supported by international networks buying and selling Congolese minerals.

Many wonder how an armed group like the FDLR, on Congolese soil since 1994 and subject to longstanding arms and munitions embargos, is able to acquire a sophisticated military arsenal. In light of the latest report from the United Nations, there is no longer any doubt that Rwandan armed groups benefit from protection both in Kinshasa, Kampala, Kigali, and Bujumbura as well as outside the African continent. The eastern part of the Democratic Republic of the Congo is clearly under the thumb of a huge mafia network. All military operations against this rebel movement, with the aim of taking out its leadership, have been a failure. The reason is simple: the FDLR serve as a screen for the illegal traffic of minerals and arms, money laundering and unjust profiteering by certain leaders both civilian and military in DRC, Uganda, Rwanda and Burundi. In the current environment where the FDLR benefits from sundry support from within the circles of political and military decision makers in Kinshasa, Kampala, Kigali et Bujumbura, it would be vain to speak of their dismantling or of their repatriation. The survival or elimination of the Rwandan rebellion on Congolese territory, therefore, depends on the will of its various “God-fathers”. As for the Rwandan and Ugandan armies, who with the Congolese army, have been involved more than once in mixed operations designed to hunt down Rwandan rebels, it was too much to ask them to involve themselves in an enterprise aimed at liquidating their own “source of business” and that of some of their political leaders.

In this context, one might also suspect UN MONUSCO troops of closing their eyes to these mafia-like operations looting the natural resources of the DRCongo.

According to news from the East of the DRCongo, the rebel Democratic Forces for the Liberations of Rwanda (FDLR) is today effectively controlled by Rwandan Tutsis. It is they who are said to be the perpetrators of massacres committed against Congolese populations in the east, particularly in south and north Kivu. The Tutsi’s objective is said to be to take back land from the Congolese population.

A question was put to the military spokesperson of MONUSCO to confirm or refute information that Tutsis are today said to be the masters of the rebel movement known as the FDLR. Lt. Col. Félix- Prosper Basse said that “links between Rwandan and Congolese Hutus had been identified from time to time. However, he could not say with any certainty if the Tutsis now are art of the FDLR.”

2. Fraudulent trade in “Blood Minerals”

January 2nd, border police seized 600 kilos of cassiterite at the Goma border crossing (North Kivu), known as the “great barrier” separating Rwanda from the Democratic Republic of Congo (DRC). Sources close to the Directorate General of Customs and Excise (DGDA) confirmed that agents of the National Intelligence Agency (ANR), the Military Detection of Anti-Patriotic Activities (DEMIAP) and border police are involved in mining fraud in this province.

250 kilos of cassiterite were seized by police in August at the same border. The owner of the minerals attempted to fraudulently take them into Rwanda on a jeep. In November 2011, Rwanda returned 81, 365kg of cassiterite, coltan and wolfram to DRC. These minerals from North Kivu were fraudulently brought into Rwanda from April before being seized by the security services of this country.

According to a report by the Belgian NGO, IPIS during the last ICGLR summit, 2 tonnes of ore, 80% of which was produced in the DRC, was exported illegally, which amounts to an annual loss of about 122 million dollars to the government.

a. A book on the transportation of cassiterite

In his book of 344 pages, Christophe Boltanski, a top reporter for the Nouvel Observateur researched the route taken by cassiterite, the main component of tin and one of the most contested minerals used in mobile phones, MP3s, scanners, printers, computers… In this long and intriguing book published by Grasset, the author shows that this war, which for 15 years has ravaged the Great Lakes region and particularly the east of DRCongo, and which seems distant to Western the eyes, is in reality connected to their technological well-being and image of modernity.

The war is not a matter of coincidence. It is motivated by the exploitation of Congolese underground resources. Since the 19th century, the Congo and its vast resources have fuelled all manner of greed. It has always been considered a land of riches to be plundered. Cassiterite, the preferred mineral of leading edge technology industries is certainly both the life-blood and the prize of this war. Today, this main component of tin is fuelling the war. And tin, easy to handle and solder and an excellent conductor has become the indispensable metal in the production of innumerable electronic objects whose electronic circuit boards make our lives so easy: PCs, MP3s, mobile phones, aeroplanes, cars, Playstations, hi-fis, radios, televisions, modems, scanners, printers…, everything electronic, everything in our modern lifestyles contains some trace of it. The developed world is now more dependent on these primary materials than ever before.

Patiently I traced the supply chain. The mineral ore, in sacks of 50 or 60kg is first taken by bike or carried on someone’s back to a small town, Walikale, where it is dispatched by air to Goma, capital of North Kivu. Crushed and pulverised, the ore moves next to Rwanda. From Kigali, it leaves by truck to Dar-es-Salaam. Then it is exported to the Butterworth foundries in Malaysia, which refines one eighth of world production, turning the tin powder into shiny silvery ingots more than 90% pure. Its major customers: manufacturers of welding wire, among whom is the German group Henkel, famous for its washing powders.

The miners work in very difficult conditions: in incredible heat, they have to make their way through ever longer tunnels with 50kg sacks carried on their shoulders. The risks they take to earn a few Congolese francs are insane. Sometimes, they earn nothing if their load is looted by armed men or if they must slave away at a new seam which as yet is unproductive. The miners are almost all in debt. It is really a form of slavery.

It is difficult to say who is responsible for this new slavery, because all concerned can easily discharge their responsibilities. Now, everything is pre-paid. Traders are paid in advance by the exporters to whom they sell the minerals, like Minerals Supply Africa which itself is financed by the Malaysian Smelting Corporation. Therefore, contrary to what they say they know exactly where the minerals are from.

People need to realize that the electronic products they buy have a very high human cost. Consumer pressure is needed. We must fight for there to be real traceability of raw materials.

b. Silence. Looting and killing continues in the eastern Democratic Republic of the Congo.

Each day brings its share of abuses: theft, looting, rape, torture, extortion, abuse, murders, massacres, particularly in the two Kivus. The Congolese state is losing the battle in this zone of insecurity. There is an extensive mafia network that controls the mining concessions. This network comprises leaders of armed groups (foreign and domestic),FARDC officers, political and administrative authorities, intermediaries, traders and businessmen who work together with associates based in neighbouring countries (Rwanda, Uganda, Burundi, Tanzania, Kenya). This is why a solution does not come quickly. This also explains how Kivu has become an el dorado, a no man’s land.

In these provinces, the cost of production and purchase of minerals is low. Artisanal miners are used, who work for the armed groups and certain officers of the regular army, and are bought cheaply. Artisanal mining, managed by armed groups, is encouraged in order to avoid mechanical mining which would require large investments. On the other hand, sales are at stock prices, resulting in ample profits.

This explains the Congolese chaos, because it is in this kind of disarray that large profits are made. That criminal networks are established. Collusion between Congolese regular forces, negative forces, not to mention those of neighbouring countries, leaves no doubt. The problem is not Congolese. It is regional and international.

“Everybody wins, except the people”, say resignedly all those who denounce the impunity apparently enjoyed in Kinshasa by all those involved in the continuation of armed conflicts in the Eastern Province and North and South Kivu.

The refusal by military leaders of the former armed wing of the CNDP (National Council for the Defence of the People to be relocated from their bases in Kivu and the appointment of some of them to senior leadership positions in the FARDC is not reassuring. It seems the CNDP is thriving. Indeed, their attitude is probably explained by the high profits they derive from the exploitation of mining areas, based on arrangements which the Congolese state must identify and punish. This is why in the proposals for major state reforms, it is demanded that the “military leave the mining concessions.”

To put an end to looting and killings in the eastern DRC means firmly committing to dismantling criminal networks, to restoring the authority of the State throughout the country, to controlling the supply chain of the mineral industry. The aim is to allow the Congolese people to be the first beneficiaries of its natural resources.

The Democratic Republic of Congo (DRC) has gone from being “potentially” one of the world’s richest countries to being one of the poorest on the planet, now surviving on foreign and humanitarian aid.

According to various reports from the World Bank and UNDP, fraud, permeability or fluidity of borders, widespread corruption at all levels, asset stripping, tax evasion, failure to comply with sanctions, diversion of public funds, extortion, political bribes, kickbacks, have simply drained the DRC of its resources.

Congolese minerals (cassiterite, coltan, gold) can be exported and sold under a foreign name. This is precisely what is happening right now. Minerals from the DRC turn up in Burundi, Rwanda, Uganda and Tanzania and it is from these neighbouring countries of the Congo that they are exported to Europe, China, Asia and the Arab countries.

Recently, the Chinese T.T.T. Mining Company, specializing in tin, has been buying and exporting most of the Congolese cassiterite traded in Bukavu and Goma.

The Congolese army is highly implicated, whilst some neighbouring countries show reluctance to leave the DRC and reduce their influence on the mineral trade for reasons of “security.”

Unlawful acts relating to natural resources are a manifestation of the inability of the state to establish its authority throughout its territory. Resources that are not under the control of the State are subject to looting. Therefore, protection against the looting of minerals is primarily a domestic issue. Looting will not stop until these resources are put under the protection of the Congolese state.

What is happening in eastern Congo is the symptom of a much larger problem that affects the DRC, namely the absence of a real state authority. The DRC is a dysfunctional state par excellence. It is really the stereotype of an African state rich in resources but poor in governance. This suggests several problems, the key ones being about identity of power and the organization of society. The government of President Kabila has not been able to reorganize the national army, the security services nor the administration in order to protect and regulate trade in the country’s strategic minerals. Therefore, any initiative must focus on rebuilding the Congolese state, since a strong and capable state is the only long term solution to blood minerals. No foreign legislation will put an end to trade in blood minerals in the absence of a functional Congolese state. Congo needs a credible state authority.

According to various reports FARDC officers are engaged in the illegal trade in minerals, either in collusion with their Rwandan counterparts, or with Rwandan rebels, particularly the FDLR. The fight against the smuggling of blood minerals can only bear fruit if internally, the Congolese authorities take all the necessary measures and severely punish all those who are found responsible for this illegal trade. Kinshasa has a moral, political and judicial obligation to act effectively when it is known that it is these minerals that are the sinews of war and insecurity in the eastern DRC, particularly in the Kivus. And even in the region of the African Great Lakes. This is why the International Conference on the Great Lakes Region, ICGLR, decided in favour of the “certification of minerals from the region.” Preparation of the dossier is on track. However, the DRC must accelerate the implementation of this process.

c. A ministerial decree to implement the Regional mechanism for certification of natural resources

February 29th, at a special summit on natural resources held in Lusaka, Zambia in December 2010, the DRC issued a ministerial decree to implement the Regional mechanism for the certification of natural resources which was approved by the Heads of State and Government members of the International Conference on the Great Lakes Region, ICGLR. This measure, a key instrument of the Regional Initiative on Natural Resources (IRRN) will establish appropriate standards relating to the supply chain of mineral ore, including provisions on certification of origin, such as labelling, monitoring, supervision and inspection of products, as well as implementation and support of agents directly involved in the process, which will thus ensure that the ore to be exported does not originate in conflict areas, nor feed armed groups. This mechanism will determine the future population of the region and combat illegal exploitation of mineral resources and illegal trade of these minerals that are the root causes of the conflicts that paralyze the Great Lakes region and particularly DRC.

This effort made by the DRC should signal a real consciousness of the illicit exploitation of “blood minerals”. It should also serve in the fight to neutralize the negative forces that comb the region and who, thanks to this irresponsible trade in “blood minerals” have built a “war economy” that allows them to destabilize the country .

It is true that on an international level, there is also U.S. legislation, Dodd-Frank, made in the same context. Thus, U.S. companies have an obligation to identify and specify the source of their ore and to buy only certified minerals. A law, that has already forced some dealers to review their arrangements to avoid falling foul of U.S. law.

But as good as this decision is, it is also necessary to apply it without hesitation. As long as armed groups and negative forces continue to enjoy support at national, regional and international levels, peace in the Great Lakes region will always be wishful thinking.

d. La liste des 85 compagnies officiellement désignés par les Nations Unies dans le pillage des minerais congolais

1. AFRICAN TRADING CORPORATION Sarl, SOUTH AFRICA

2. AFRIMEX, United Kingdom

3. AHMAD DIAMOND CORPORATION, BELGIUM

4. A.H. PONG & Sons, SOUTH AFRICA

5. A. KNIGHT INTERNATIONAL Ltd, United Kingdom

6. A & M MINERALS and METALS Ltd, United Kingdom

7. ALEX STEWART Ltd (Assayers), United Kingdom

8. AMALGAMATED METAL CORPORATION Plc, United Kingdom

9. AMERICA MINERAL FIELDS (AMFI), USA

10. ANGLO AMERICAN Plc, United Kingdom

11. ANGLOVAAL MINING Ltd, SOUTH AFRICA

12. ARCTIC INVESTMENT, United Kingdom

13. ASA DIAM, BELGIUM

14. ASA INTERNATIONAL, BELGIUM

15. ASHANTI GOLDFIELDS, GHANA

16. AVIENT AIR, ZIMBABWE

17. BANRO CORPORATION, SOUTH AFRICA

18. BARCLAYS BANK, United Kingdom

19. BAYER A.G., GERMANY

20. B.B.L. Banking, BELGIUM

21. BELGOLAISE, BELGIUM

22. CABOT CORPORATION, USA

23. CARSON PRODUCTS, SOUTH AFRICA

24. CHEMIE PHARMACIE NETHERLANDS, HOLLAND

25. COGECOM, BELGIUM

26. C. STEINWEG NV, BELGIUM

27. DARA FOREST, THAILAND

28. DAS AIR, United Kingdom

29. DE BEERS, United Kingdom

30. DIAGEM BVBA, BELGIUM

31. EAGLE WINGS RESOURCES INTERNATIONAL, USA

32. ECHOGEM, BELGIUM

33. EGIMEX, BELGIUM

34. ENTREPRISE GENERALE MALTA FORREST, DRC

35. EUROMET, UK

36. FINCONCORD SA, SWITZERLAND

37. FINMINING, SAINT KITTS

38. FIRST QUANTUM MINERALS, CANADA

39. FLASHES OF COLOR, USA

40. FORTIS, BELGIUM

41. GEORGE FORREST INTERNATIONAL AFRIQUE, DRC

42. HARAMBEE MINING CORPORATION, CANADA

43. H.C. STARCK GmbH & Co KG, GERMANY

44. IBRYV AND ASSOCIATES LLC, SWITZERLAND

45. INTERNATIONAL PANORAMA RESOURCES Corp, Canada

46. ISCOR, South Africa

47. JEWEL IMPEX Bvba, Belgium

48. KABABANKOLA MINING COMPANY, Zimbabwe

49. KEMET ELECTRONICS CORPORATION, USA

50. KHA International AG, Germany

51. KINROSS GOLD CORPORATION, USA

52. K & N, Belgium

53. KOMAL GEMS NV, Belgium

54. LUNDIN GROUP, Bermuda

55. MALAYSIAN SMELTING CORPORATION, Malaysia

56. MASINGIRO GmbH, Germany

57. MELKIOR RESOURCES Inc, Canada

58. MERCANTILLE CC, South Africa

59. MINERAL AFRIKA Limited, United Kingdom

60. NAC KAZATOMPROM, Kazakhstan

61. NAMI GEMS, Belgium

62. NINGXIA NON-FERROUS METALS SMELTER, China

63. OM GROUP Inc, USA

64. OPERATION SOVEREIGN LEGITIMACY (OSLEG) Pvt Ltd, Zimbabwe

65. ORION MINING Inc., South Africa

66. PACIFIC ORES METALS AND CHEMICALS Ltd, Hong Kong

67. RAREMET Ltd, Saint Kitts

68. SARACEN, South Africa

69, SDV TRANSINTRA, France

70. SIERRA GEM DIAMONDS, Belgium

71. SLC GERMANY GmbH, Germany

72. SOGEM, Belgium

73. SPECIALITY METALS COMPANY SA, Belgium

74. STANDARD CHARTERED BANK, U.A.E.

75. SWANEPOEL, South Africa

76. TENKE MINING CORPORATION, Canada

77. THORNTREE INDUSTRIES (Pvt) Ltd, Zimbabwe

78. TRACK STAR TRADING 151 (Pty) Ltd, South Africa

79. TRADEMET SA, Belgium

80. TREMALT Ltd, Belgium

81. TRINITECH INTERNATIONAL Inc, USA

82. TRIPLE A DIAMONDS, Belgium

83. UMICORE, Belgium

84. VISHAY SPRAGUE, USA and Israel

85. ZINCOR, South Africa.

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This English newsletter has been possible thanks to the initiative PerMondo ( free translation of documents and websites for NGOs and non-profit organisations ). It was supported by Mondo Agit and the translator Karen Wilson de Roze

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