DR Congo: Civil Society Denounces FARDC Presence in Mining Sites

In the Democratic Republic of Congo (DRC), specifically in the Tshopo province, the civil society of Tshopo recently denounced the persistent presence of Congolese Armed Forces (FARDC) military personnel in artisanal mining sites in the Bafwasende territory, despite government instructions prohibiting their presence in these areas.

This situation carries significant legal implications for the rule of law, governance, and human rights within the DRC's critical mining sector. The continued presence of military personnel in these zones, contrary to explicit government directives, suggests a potential breakdown in civilian oversight of the military and raises serious concerns about possible abuses, corruption, and the illicit exploitation of natural resources. For legal practitioners, this highlights the substantial operational and reputational risks for companies operating or considering investment in the DRC's mining industry, particularly regarding supply chain due diligence and adherence to international standards for responsible sourcing.

The legal framework governing mining in the DRC is primarily established by the Mining Code (Loi n° 18/001 du 9 mars 2018) and its associated regulations. This code generally aims to regulate all mining activities, including artisanal mining, and typically restricts the direct involvement of security forces to prevent illicit activities and human rights violations. Government instructions prohibiting military presence in mining perimeters would likely stem from these regulatory efforts or specific executive decrees designed to sanitize the sector. The civil society's call for