The complexiTy of resource governance in a conTexT of sTaTe ... - Ipis

The complexity of resource governance in a context of state fragility: An analysis of the mining sector in the Kivu hinterlands
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forces and fled the region in 2008 when the FARDC resumed operations against the Mayi-Mayi
(Major Luc). 177
As mentioned, CaMi in Kinshasa issues the only legal mining permits, pursuant to the 2002 Mining
Code, which give concession-holders exclusive rights to explore (PR, Permis de Recherches) and
subsequently to exploit (PE, Permis d’Exploitation). CaMi has issued permits to several small-,
medium- and large-scale operators in the study area. Distinctions are made between internationally
listed and privately owned companies. The former do not employ artisanal miners or buy their
product, and adhere to accepted international standards of practice, in regard to health, safety
and the environment. The latter are generally small- to medium-scale operations, often employing
artisanal miners and not observing the aforementioned standards.
There seem to be no active exploitation permits in Bafwasende territory at the moment, 178 but large
parts are covered by exploration permits. It seems none of the companies holding these permits
currently work there, due to insecurity. However, SOMINDO (Société Minière de Ndonga), which
has held an exploration permit for cassiterite and wolframite since February 2007, has reportedly
extracted minerals – illegally – from its concession in the past. 179 The area is now occupied by the
Mayi-Mayi (Major Luc), with whom the company is trying to negotiate access (see below).
In Mambasa territory, two internationally listed industrial companies hold exploration and
exploitation permits. The first is Kilo Goldmines Ltd., a gold exploration and development
company listed on the Toronto Stock Exchange. The company is headquartered in Toronto,
with offices in Kinshasa, Lubumbashi, Beni and Isiro. It holds exploitation permits for gold and
diamonds in its Somituri Project (Société Minière de l’Ituri), which overlaps with most of the
artisanal sites west of the Okapi Wildlife Reserve, along the Nia-Nia–Isiro axis. It is currently
drilling and sampling. 180
Kilo Goldmines also holds several exploration permits in the framework of two other projects in
Mambasa territory. The KGL-ERW Project 181 is, strangely enough, located almost entirely inside
the Okapi Wildlife Reserve, at its southeastern edge, overlapping the Ituri River. The KGL-Masters
Project involves 11 contiguous exploration permits, originally granted to the Congolese company,
Masters sprl, and subsequently transferred to KGL-Masters sprl. 182 These concessions are located
in the territories of Mambasa, Irumu and Djugu in Orientale province and in the territory of Beni,
North Kivu. The concession area in Mambasa, on the Mambasa-Beni axis between Lwemba and
Bella, overlaps with several artisanal mining sites, and the ENRA forestry concession. 183
Another internationally listed company is Canadian Loncor Resources, 184 which holds exploration
permits in the spaces left by Kilo Goldmines’ Somituri concessions on the western edge of
Mambasa Territory, by the Ngayu River.
The above-mentioned Masters sprl, a Congolese company based in Lubumbashi, also signed a
joint venture agreement with the Swiss company, Auris AG, in June 2010. In this, it transferred to
177 Interview, Marc Ndjoka Kabasele, Bafwasende, June 2010.
178 According to CaMi, two exploitation permits close to the Mambasa territory border, northeast of Bafwanduo, show their status as ‘active’
but the expiry dates were December 2007.
179 Interview, “dignitary” from Opienge region, June 2010.
180 See also http://www.kilogold.net/properties/KGL-somituri.cfm.
181 See also http://www.kilogold.net/properties/KGL-ERW.cfm. The area in Mambasa territory is not indicated on the map.
182 See also http://www.kilogold.net/properties/KGL-masters.cfm. To date, only five of these permits are officially registered in the name of
KGL Masters sprl, according to CaMi’s data for 27th July 2010. See also Kilo Goldmines Ltd., Consolidated financial statements for the six
months ended March 31, 2010, p. 9.
183 This is known to both Kilo and to ENRA. Kilo wrote to ENRA on 21st January 2008, copied to the Minister of Mines, the Minister of
Environment and the Cadastre Minier, to explore “cohabitation” arrangements, but ENRA has not responded.
184 Loncor is operating through an option agreement with Rio Tinto Exploration RDC Orientale Sprl for the exclusive gold rights at Ngayu. See
http://www.loncor.com/s/Ngayu.asp.