Improving The Field Implementation Of The Voluntary Principles For Security And Human Rights In - DRC

Project Update June 2019

Project supported by Working Group members of all three pillars understand and implement the VPs Objective 1: in SK

Working Group Meeting in June

17 June 2019 @Hôtel Bégonias,

Agenda: 1. Welcoming and Exchange between Ambassador Schuddeboom and the WG 2. Exchange on various SHR Risks in SK

Participation Special Guest: H.E. Robert Schuddeboom, Ambassador of the Netherlands to the DRC Representatives from government (SAEMAPE, FARDC, PMH and PNC), extractive sector (Sakima, Banro, Miners, Cooperative Members) and civil society

This month's meeting included an exchange between H.E. Robert Schuddeboom and the Working Group, in which members of all three pillars were given the opportunity to express why they believe in the relevance of the WG's efforts to improving the security and human rights situation in South Kivu. The ambassador directed the following recommendation towards the group:

Involve Congolese authorities on all levels as much as possible into the WG's efforts so that the logic of the Voluntary Principles gets integrated into their work, as well.

The WG formulated the following recommendations for further collaboration with the Dutch representation in DRC:

Advocate for adherence to the Voluntary Principles towards the Congolese Authorities in collaboration with support from the Dutch authorities Receive support from the Dutch Representation in DRC to facilitate contacts to national authorities, including the army and the police

In addition to the exchanges with H.E. Robert Schuddeboom, the WG discussed as usual the following cases:

Follow-Up on Bitale Mining Site, , : In the month of May, the WG was alerted about the presence of FARDC soldiers and armed groups protecting two cooperatives (COOMIBUK and COOMIBI) on the mining site of Bitale (ZEA 799 and 798). In response, the WG mediated between the cooperatives to find a resolution which, among others, provisions them to refrain from informally engaging armed actors for their own protection. Furthermore, the WG approached the FARDC base in Bukavu on 4 June to urge the commander of the company to retreat his soldiers from the mine. This advocacy effort from the WG was of success as the FARDC soldiers left the mining site shortly after.

Next Steps: The WG would also like to start carry out field sensitization missions to vulgarise the provisions of mediation agreements to armed actors and cooperative members. Missions will include all relevant representatives from the WG including members of the armed forces. DCAF and OGP are seeking additional funding from Switzerland to cover these costs. This funding will be channeled through DCAF's Security and Human Rights Implementation Mechanism (SHRIM). In the meantime, DCAF prepared a thematic input that provides insights on human rights sensitization campaigns to help the WG prepare such missions.

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Follow-Up on Lumbishi, Kalehe Territory & Luntukulu, Walungu Territory Similar to Bitale, there are elements of the FARDC and armed groups present on mining sites around Lumbishi in the Kalehe Territory. The FARDC elements present there are stationed at a base in and are frequently found around mining sites in Kalehe Territory. The Working Group has approached the FARDC general on 24 June to inform him about the presence of his forces and advocate for the retreat of the FARDC elements from the mining site. The WG also advocated for change of the military company due to their known involvement in fraudulent affairs. The same meeting with the general was used to inform him about the presence of armed groups around Kalehe Territory as well as in Luntukulu, Walungu Territory, and the need to accelerate DDR efforts for members of armed groups who had surrendered themselves. Since their surrender they haven't received any assistance and have engaged in illegal exploitation of minerals and harassment. Furthermore, on the Chombombo mining site in Kalehe Territory, FDLR elements were reportedly exploiting illegally natural resources, two of which died through landslides taking place on 27 May 2019. In response, the WG arranged a meeting with the DDR services of MONUSCO, in charge of the reintegration of foreign armed groups, to advocate for the FDLR forces' repatriation.

Next Steps: A commission of the WG keeps observing the situation on Kalehe Territory to track whether meeting with General has brought about any results (retreat of FARDC elements, exchange of Minova-based company) and continues pushing for acceleration of DDR processes with MONUSCO.

Follow-Up on Kamituga, : Since March, the working group has focused its efforts on preventing the escalation of tensions fuelled by the presence of SOMICO. SOMICO is a company who was believed to be dissolved but operates on concessions owned by SAKIMA and Banro. SOMICO seems to be receiving protection from various official security actors. A meeting was organised on June 28 in which the Ministry of Mines, the new governor, Somico, Banro and Sakima as well as the technical mining services of the Ministry were represented. During this meeting, officials decided to suspend SOMICO's operations as it is not recognized by the Ministry of Mines. Furthermore, due to the alleged link between SOMICO and security actors, it was decided that the issue will be referred to the provincial Security Council.

Next Steps: Follow-up on decision made by Security Council on Somico

Objective 2: The VPI's field implementation is reinforced through the experience of South Kivu

The first draft of the case study on improving VPs implementation in South Kivu has been developed, and is currently reworked jointly by OGP and DCAF in order to shed light on the Working Group's first contributions to improving the human rights and security situation in South Kivu. Discussions about the second case study are also ongoing; it was suggested to look at the situation of the Haut Plateau of Kalehe where the presence of armed groups causes a whole other range of security and human rights risks in the extraction sector as observed in the case of Bitale, Bunyakiri. This second case study would thus complement well the experience the WG made in the case of Nyabibwe to shed light on the diverse activities they had to engage in infacing these different kinds of challenges.

Objective 3: Strengthened security and human rights capacity of the Mining Police (PMH)

Preparations for the roll-out of the Mining Police Trainings are ongoing. DCAF and its implementation partner Safestainable are planning a mission to South Kivu in the month of August, to assess capacity-building needs of the Mining Police, taking into account the diverse range of settings (ASM, Industrial Mining, Trading centers) they provide security services in. Based on this assessment, a training curriculum will subsequently be developed on which basis a three-day training will be delivered to at least twenty PMH officers shortly after the needs assessment mission. Collaboration with key partners such as UNPol and the Police Nationale Congolaise (PNC) is continously assured through regular outreach and potential involvement in delivering modules of the training.

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