The Democratic Republic of Congo is known for its mining potential representing 1,100 different minerals.
All provinces are entitled to own mineral wealth. The table below illustrates this reality and presents at the same time the different minerals that all provinces of the DRC abound in provinces.
Time the different minerals that all provinces of the DRC abound in provinces.
Source : CTCPM, Guide de l’investisseur du secteur des mines et hydrocarbures, juin 2003.
Source : www.cami.cd
The reform of this sector through the opening to private partners allowed the DR Congo to attract several subsidiaries of large multinationals in the world. The success story indicates the presence in DRC of companies such as: TENKE FUNGURUME MINING (FREE PORT McROAN who sold it lately to China Molybdenum), KOLWEZI COPPER COMPANY (KINROSS-EGMF), KIBALI GOLD MINING, Mutanda Mining, ASHANTI GOLDFIELD KILO, Twangiza Mining, etc.
That massive presence has led to the significant increase in the volume of mining production in the DRC from 2006 to 2014 as shown in the table below.
- The revival of mining production by existing companies or those to be established to support growth and employment. In this respect, the targets by mining products are as follows: Copper (1,500,000 tons by the end of 2015); Cobalt (180,000 tons in 2015) ; Zinc (60,000 tons in 2015); Gold (12,000 kg in 2015); Diamond (27 million carats in 2015); Coltan (500 tons per year from 2012 to 2016); Wolframite (1,200 tons per year between 2012 to 2016); Cassiterite (10,000 tons per year between 2012-2016).
- Bring the mining sector’s contribution to the State budget from 9% in 2010 to 25% in 2016 and the contribution to GDP from 12 to 20% in 2016.
- Increase the public and private investment rate in the mining sector from 10% of GDP on average per year during the 2012-2016 period;
- To achieve this vision, the Government of the DRC has to improve more governance and transparency in the mining sector management and the traceability of public revenues ;
- For this purpose, it will be evaluated, revised and popularized the Act No. 007/2002 of 11 July 2002 on the Mining Code, set up a national geological department and evaluated the titles already granted in order to improve the mining cadastral file, etc.
III. Legal Framework
The mining sector in the Democratic Republic of Congo is regulated by Law No. 007/2002 of 11 July 2002 on the Mining Code and Decree No. 038/2003 of 26 March 2003 on Mining Regulations.
The new Code has the merit to reaffirm the principle that the rights under t
he mining concessions are distinct from those land concessions so that a land dealer cannot claim his title to demand any property right on mineral substances contained in the subsoil. Furthermore, the new Code performs a classification of mineral deposits in mines and quarries.
It precises that the President of the Republic may declassify or reclassify a mining substance into quarry product and vice versa.
The Mining Code pursues the following objectives:
- Create a win-win framework for all;
- Develop and encourage infrastructure for all;
- Develop human capital of DRC;
- Develop the processing capacity locally
- Develop the DRC as a destination for foreign capital and technology;
- Encourage the immediate development of the country and not speculation.