CAO Audit of MIGA's Due Diligence of the Dikulushi Copper-Silver Mining

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CAO Audit of MIGA's Due Diligence of the Dikulushi Copper-Silver Mining CAO Audit of MIGA’s Due Diligence of the Dikulushi Copper-Silver Mining Project in The Democratic Republic of the Congo Final Report November 2005 Office of the Compliance Advisor/Ombudsman International Finance Corporation/ Multilateral Investment Guarantee Agency Table of Contents Acronyms Executive Summary 1. Introduction 1.1 Background ..........................................................................................................................1 1.2 Scope of the CAO’s audit.....................................................................................................3 2. Context for the audit of MIGA’s Due Diligence 2.1 The Kilwa incident and subsequent events .........................................................................4 2.1.1 Brief description ....................................................................................................4 2.1.2 Immediate and underlying causes .........................................................................5 2.1.3 Anvil’s immediate reaction to these incidents ........................................................5 2.1.4 Notifications to MIGA .............................................................................................6 2.2 MIGA’s due diligence processes .........................................................................................7 2.2.1 MIGA’s core business and interfaces with conflict and security issues .................7 2.2.2 Environmental and Social Review Procedures ......................................................8 2.2.3 Emerging commitments under the World Bank Group’s EIR Management Response ........................................................................................8 2.2.4 Warranties, representations, and Contracts of Guarantee...................................10 2.2.5 Key changes in MIGA’s due diligence processes ................................................10 2.3 MIGA’s due diligence regarding Guarantees for the Dikulushi project ..............................11 2.3.1 Pre-May 2004.......................................................................................................11 2.3.2 May 2004 – September 2004 (Board date)..........................................................12 2.3.3 September 2004 – April 2005 (issue of Contracts of Guarantee) ........................12 2.3.4 Since issue of Contracts of Guarantee ................................................................12 3. CAO analysis of key audit aspects 3.1 Security and Conflict: MIGA’s ‘core business’ due diligence..............................................13 3.1.1 Did MIGA’s core business due diligence processes provide a framework to address conflict and security issues? ........................................13 3.1.2 Extent to which MIGA’s due diligence was followed in relation to conflict and security.............................................................................................13 3.1.3 Inherent limits to MIGA’s core business due diligence on conflict and security issues..............................................................................................14 3.2 Adherence to MIGA’s Environmental and Social Review Procedures (ESRPs) ................14 3.2.1 Do the ESRPs provide a framework for addressing broader social issues?........15 3.2.2 Extent to which MIGA’s due diligence was followed in relation to ESRPs ...........15 3.2.3 Areas of weakness in ESRPs due diligence ........................................................16 3.3 Commitments under the World Bank’s EIR Management Response.................................18 3.3.1 Was MIGA’s due diligence responsive to development impact aspects? ............18 3.3.2 Weaknesses in MIGA’s due diligence on development impact aspects ..............19 3.3.3 Was MIGA’s due diligence responsive to security and Human Rights aspects? .20 3.3.4 Weaknesses in MIGA’s due diligence on security and Human Rights aspects ...20 4. Findings and recommendations 4.1 Findings .............................................................................................................................22 4.2 Recommendations .............................................................................................................23 Annex 1: Request for Audit ........................................................................................................... 25 Annex 2: Letter from RAID to President Paul Wolfowitz ............................................................... 26 Annex 3: Organizations and Sources Consulted .......................................................................... 31 Annex 4: Analytical framework and criteria for assessing Dikulushi Project Compliance with E&S Review Procedures ........................................................................................ 32 Acronyms ABC Australian Broadcasting Corporation ASADHO Association Africaine de Défense des Droits de l’Homme CAO Compliance Advisor/Ombudsman DRC Democratic Republic of the Congo EA Environmental Assessment EIR Extractive Industries Review ESMS Environmental and Social Management System ESRP Environmental and Social Review Procedure FARDC Forces Armées de la République Démocratique du Congo MONUC Mission des Nations Unies en République Démocratique du Congo (UN Mission in Democratic Republic of the Congo) MIGA Multilateral Investment Guarantee Agency NGO Nongovernmental Organization PRI Political Risk Insurance RAID Rights & Accountability in Development RMC Risk Management Committee WBG World Bank Group Executive Summary management due diligence provide a Background framework through which security and conflict issues could have been identified This report was prepared in response to a July and addressed; and to what extent were 27 2005 request from the President of the these issues addressed? World Bank Group, Paul Wolfowitz, for the Compliance Advisor Ombudsman (CAO) to Adherence to MIGA’s Environmental audit the Multilateral Investment Guarantee and Social Review Procedures (ESRPs): Agency’s (MIGA’s) due diligence of the Did MIGA follow its ESRPs; did these Dikulushi Copper-Silver Mining Project procedures provide a framework through (Dikulushi project) in The Democratic Republic which broader social issues, including of the Congo (DRC). security and conflict, could have been identified and addressed; and to what Dikulushi is a copper-silver mine located in the extent were these issues addressed? Katanga province of DRC. The project has been developed by Anvil Mining, a Canadian New commitments under the World company, and has been in production since Bank’s EIR Management Response: 2002. The MIGA Board approved the project in Was MIGA’s due diligence responsive to September 2004. In April 2005, Contracts of applicable commitments of the World Guarantee were issued by MIGA providing Bank’s Extractive Industries Review (EIR) $13.3 million of political risk insurance, management response on enhancing the including cover against damage resulting from development benefits of extractives war and civil disturbance. projects and addressing Security and Human Rights concerns? In October 2004, the town of Kilwa, some 50 kilometers from Dikulushi, was taken over by a In order to investigate whether MIGA’s due small rebel group. Kilwa is the point of export diligence was inadequate, CAO thoroughly for Dikulushi copper and silver concentrates to reviewed MIGA files and had discussions with Zambia. In reestablishing control over the town, MIGA’s project team, RAID, and several other the armed forces of the DRC allegedly killed NGOs, as well as Anvil Mining and IFC staff civilians, including by summary execution, involved in the EIR. looted, and carried out other crimes including extortion and illegal detention. Findings At the request of the Army, Anvil Mining MIGA’s core business due diligence: CAO provided them with logistical support in October finds that MIGA adequately followed its 2004, as it had done in a previous (March 2004) underwriting and risk management due incident when the army engaged with a different diligence. However, these core business rebel group. In July 2005, Rights & processes provide a framework for addressing Accountability in Development (RAID), a UK- conflict and security issues insofar as they based NGO wrote to President Wolfowitz on represent insurable risks to a project. The behalf of a number of NGOs concerning MIGA’s analysis does not address whether the project involvement with Anvil, alleging a number of may either influence the dynamics of conflict or failures in the due diligence preceding MIGA’s whether security provision for a project such as support for the project. Dikulushi could indirectly lead to adverse impacts on the local community. Focus of the CAO’s audit The CAO’s audit focused on the following Environmental and Social Review aspects of MIGA’s due diligence: Procedures (ESRPs) due diligence: CAO finds that MIGA’s initial adherence to its ESRPs Security and Conflict – MIGA’s ‘core was adequate, but its follow-through on social business’ due diligence as Political Risk aspects was weak in some key areas. For the Insurers: Did MIGA’s underwriting or risk Dikulushi project, CAO considers that the i ESRPs should have flagged the potential social MIGA should support Anvil in its ongoing impacts of the risk that the presence of the efforts to fully implement the Voluntary mine could exacerbate local tensions or attract Principles. rebel groups with consequent increased MIGA should retrospectively address
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