Review of the National Legal Framework for Mining & Conservation in the DRC

The country is post-conflict, undergoing reform, and characterized by high poverty rates, corruption, and an abundance of minerals and biodiversity. International conservation engagements are also present in the DRC. The DRC has a complex legal framework for mining and conservation. The Forest Code of 29 August 2002 created "Forêts classées," which are protected areas managed by the Minister of Environment (MECNT). The Nature Conservation Law of 22 August 1969 covers national parks and is managed by the Institut Congolais pour la Conservation de la Nature (ICCN). This law prohibits activities incompatible with nature protection and has a broad interpretation. The Principles of Environmental Protection Law, enacted on 19 July 2011, prohibit activities that harm the environment in protected areas and zones. Article 33 states that any activity that harms the environment is prohibited in protected areas and zones, and no right can be granted within these limits that would harm the environment. The law also enforces the "polluter pays" principle, requires Environmental and Social Impact Assessments (ESIA), environmental audits, public involvement, and the creation of a fund for environmental interventions. Restoration of damaged environments is also obligatory. The DRC has ratified several international conventions related to conservation, including the Ramsar Convention (1994), the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES, 1975), the Convention on Biological Diversity (1992), the World Heritage Convention (1975), and the African Convention on Nature and Natural Resource Conservation (1976). These conventions aim to protect important wetlands, threatened wildlife and plants, and World Heritage Sites, of which five are located in the DRC. A general interpretation of these laws is that no mining concessions can be granted in protected areas. The mining sector in the DRC is governed by the Mining Code of 2002, which outlines environmental obligations and mechanisms. The institutional framework for mining and conservation is complex, with key responsibilities divided among various institutions. However, problems and gaps exist in the implementation of these laws, and critical needs have been identified to address these issues.