The Vice-Minister of Mines, Godard Motemona, has submitted a draft decree to the council for examination. This draft specifies the methods for collecting and distributing mining royalties in line with the provisions of Law No. 007/2002 dated August 11, 2002, which is part of the Mining Code.
The code has been amended and supplemented up to the present, along with Law No. 22/65 of December 26, 2022, which lays down fundamental principles for protecting and providing reparation to victims of conflict-related sexual violence and crimes against peace and security.
Before its adoption by the government, Motemona emphasized that the text aligns with Article 21 of Law No. 22/65, which establishes a fund supporting access to justice, reparation, empowerment, and community recovery for victims and their dependents.
Article 25 of the same law allocates 11% of mining royalties to the National Fund for Reparations for Victims of Conflict-Related Sexual Violence and Victims of Crimes Against Peace and Security of Humanity (FONAREV).
This allocation includes a levy on beneficiaries mentioned in Article 242 of the Mining Code, at a rate of 6% for the State, 2% for the province, 1% for the decentralized territorial entity, and 2% for the Mining Fund for future generations.
Additionally, Article 56 of Law No. 22/65 repeals previous provisions contrary to the law, particularly the original distribution of mining royalties. Consequently, there is an implicit modification of Article 242 of the Mining Code, leading to a new distribution model:
.44% for the central government
.23% deposited in an account designated by the province’s administration where the project is located
.14% deposited in an account designated by the decentralized territorial entity with jurisdiction over the exploitation area
.11% for FONAREV to support victim-related initiatives
.8% for the Mining Fund for future generations
August 2 has been designated as the day to commemorate the Congolese genocide, as per the stipulations of Law No. 22/65. On this occasion, President Félix Tshisekedi instructed the government to implement Parliament’s decision regarding mining royalty payments in the Democratic Republic of Congo (DRC).
The goal is to use a portion of these royalties to provide reparation to the victims of the genocide.
Parliament’s decision aims to repurpose the natural resources, whose exploitation has contributed to this tragedy, for the benefit of the victims.
To achieve this, the government introduced a law in December 2022. Additionally, an ordinance was issued, facilitating the appointment of facilitators for the National Fund for Reparation for Victims of Sexual Violence and other serious crimes (FONAREV).
This ordinance also addresses the organization and functioning of the inter-institutional commission for victim assistance and reform support.
President Félix Tshisekedi has reiterated his commitment to providing the necessary material and human resources to these structures.
The overall objective of this initiative is to ensure reparation and justice for the victims of the Congolese genocide. The government’s goal, led by President Tshisekedi, is to combat impunity, uphold human rights, and provide support to victims of violence.
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