Resource Sharing in the DRC - Mindset Social Innovation Foundation

Resource Sharing in the DRC Exploring the Role of Trusts

AUTHOR Patricia Jurewicz, Director Responsible Sourcing Network January 2013

PUBLISHED BY

Responsible Sourcing Network www.sourcingnetwork.org [email protected] RSN, a project of the nonprofit organization As You Sow (www.asyousow.org), is dedicated to ending human rights abuses and forced labor associated with the raw materials found in products we use every day. RSN builds responsible supply chain coalitions of diverse stakeholders including investors, companies, government officials, and human rights advocates. Currently, RSN works with network participants to leverage their influence in the areas of conflict minerals from the Congo and forced labor in the cotton fields of Uzbekistan to create positive change for brands, consumers, and the impacted communities.

INSPIRED & COMMISSIONED BY Mindset Social Innovation Foundation www.mindsetfoundation.com [email protected] Alison Lawton is a Canadian business executive and social venture philanthropist who has championed high‐level advocacy initiatives for global humanitarian issues. She turned her interest in social development into founding Mindset Social Innovation Foundation (Mindset). Since 2006, Mindset has supported educational institutions, governments, UN organizations, policy makers, and artists, mostly notably producing the 2006 feature length documentary, Uganda Rising, focused on the civil war in northern Uganda. In 2011‐12 she co‐chaired the DRC Action Network, a group formed within the Clinton Global Initiative (CGI), to bring awareness and action to the plight of the DRC region. Alison introduced the idea of Trusts in CGI forums in 2011 as she believed Trusts could offer communities in the DRC a way to manage resources in more equitable and beneficial ways. In 2012 she commissioned Patricia Jurewicz from the Responsible Sourcing Network to do some preliminary research in the field to explore the potential of Trusts in DRC. The Responsible Sourcing Network and Mindset would like to thank all those people who participated in this research and generously shared their knowledge and gave their time.

ACRONYM GLOSSARY ACIDH – Action Contre l’Impunité pour les Droits Humains AFEDEM – Appui aux Femmes Démunies et Enfants Marginalisés au Kivu AGF – Assoc. d’Appui aux Groupements des Femmes et Familles (Chicken Ladies) APRODEPED – Action pour la Promotion et la Défense des Droits des Personnes Défavorisées BEST – Bureau d’Etudes Scientifiques et Techniques BIAC – Banque Internationale pour lʹAfrique au Congo CDMC – Cooperative des Artisanaux Miniers du Congo CGI – Clinton Global Initiative COPACO – Confédération Paysanne du Congo DRC – Democratic Republic of the Congo FAO – Food and Agriculture Organization of the United Nations

FSI – First Step Initiative FTF – Foundations, Trusts, and Funds GFfW – Global Fund for Women ICGLR – International Conference of the Great Lakes Region IFDAP – Initiative des Femmes pour le Développement, l’Auto‐Promotion et la Paix INTO – International National Trusts Organisation ITRI – International Tin Research Institute iTSCi – ITRI’s Tin Supply Chain Initiative MMR – Mining Mineral Resources NGO – Nongovernmental organization OSISA – Open Society Institute of South Africa ROI – Return on investment RSN – Responsible Sourcing Network SARWA – South African Resource Watch SIPROFFA – Soutien aux Initiatives Promotionnelles de la Femme et de la Famille SOD – Sud Ouest Développement SOFAD – Solidarité des Femmes Activistes pour la Défense des Droits Humains SOMO – Centre for Research on Multinational Corporations TFM – Tenke Fungurume Mining TMB – Trust Merchant Bank UN – United Nations USAID – U.S. Agency for International Development WfWI – Women for Women International

Resource Sharing in the DRC: Exploring the Role of Trusts

TABLE OF CONTENTS

INTRODUCTION....................................................................................................................... 2 EXECUTIVE SUMMARY .......................................................................................................... 3 BACKGROUND ......................................................................................................................... 5 EXPLORING TRUSTS ............................................................................................................... 6 AREAS OF INVESTIGATION................................................................................................. 7 Agriculture in the DRC............................................................................................................ 7 Women and Agriculture ......................................................................................................... 9 Access to Financial Products ................................................................................................ 12 Land Security .......................................................................................................................... 14 Mining in the DRC ................................................................................................................. 19 Trusts and Mining .................................................................................................................. 21 RECOMMENDED NEXT STEPS........................................................................................... 23 CONCLUSION .......................................................................................................................... 25 APPENDIX: RELEVANT GROUPS AND INDIVIDUALS.............................................. 26

Responsible Sourcing Network

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INTRODUCTION Following several conversations at meetings organized by the Clinton Global Initiative (CGI) in 2011, Mindset Social Innovation Foundation commissioned the Responsible Sourcing Network (RSN) to look into the potential of Trusts to assist the Democratic Republic of the Congo (DRC or Congo). The Foundation believed that Trusts might be a useful organizational structure that could help the DRC tackle some of its current challenges such as food scarcity, land insecurity, and disempowerment of women. Trusts have been used elsewhere to ensure equitable distribution of natural resources – a means to fairly share the benefits of resources for current and future generations. The initial focus of the project was on how Trusts might assist women specifically in relation to agriculture. Theoretically, Trusts presented a new and innovative way to secure land for women in the DRC. As the research progressed and examples of related solutions from other parts of the world were discovered, an additional component was added: the potential of Trusts in relation to mining. The primary objective was to do field research and find out first-hand the potential for Trusts to help tackle some of the issues facing the country. This research was conducted in the DRC between April and May of 2012. Locations visited included: the capital city of Kinshasa; the cities and towns of Lubumbashi, Luambo, Likasi, Tenke Fungurume, and Kisengo in the province of Katanga; and the cities of Uvira and Bukavu in South Kivu.1 During two and a half weeks in the DRC, the following projects were visited: 

One urban poultry project

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One semi-urban agricultural project

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Two non-agricultural/women’s empowerment projects

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Seven rural agricultural projects (two are affiliated with mining companies, five are independent; all of them focus on women)

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Two large industrial mines (one mine and one office headquarters only)

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Two medium mines (one semi-industrial, one industrial)2

The diverse range, size, and composition of these initiatives provided a good overview of the agricultural and mining sectors and areas of overlap and influence. However, to complement the field research, additional desk research was performed and several interviews were conducted with experts through mid-2012. This paper presents the initial findings. It starts with a summary of the main observations, followed by an overview of the country, an introduction to Trusts, and then their potential application to women’s groups, agriculture, and mining. The paper concludes with suggestions for future research and some recommended next steps. It is the intention of the author that this Projects in the province of North Kivu were not visited due to increasing unrest by the rebel group M23. The appendix includes a list of all the groups visited with their full names, acronyms, short descriptions of their organizations, and contact information. In addition, several individual experts consulted for this paper are listed. Acronyms are commonly used throughout the DRC so most organizations are referred to in this paper by their acronyms. 1 2


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research be shared to raise awareness of the potential of Trusts, to indicate conceivable challenges of implementing Trusts in the DRC, and to encourage the search for effective solutions. All of this will support the people of the Congo so they can start the transition from subsistence to thrive in their beautiful and resource-rich land.

EXECUTIVE SUMMARY Visiting the DRC, experiencing life on the ground, and speaking with multiple experts creates an understanding of the monumental challenges the country currently faces. With that said, the people of the Congo, especially the women, are beautiful, open, generous, and yearning for an opportunity to create a better life for their generation and those to come. Through a field visit, desk research, and informational interviews, this research reveals four top takeaways: 1.

The systems for sharing natural resources are broken.

Although the Congo has some of the most fertile and mineral-rich land in Africa, its resources are currently not being fully utilized to serve its people. Corruption and lack of investment, organization, capacity, and infrastructure prevent the sharing of the benefits with the majority of the population. This means that many Congolese struggle to meet their most basic human needs. There is a massive food shortage. The DRC imports large quantities of processed and unprocessed food, and the majority of its population is malnourished. There is a real need for solutions, starting with the most basic human requirements for survival, and the complex, but necessary, need to shift the paradigms that are creating obstacles to this goal. 2.

Land ownership in the DRC is confusing, complex, and insecure.

There are two overlapping and opposing views on access to land in the DRC: 1) From the statutory perspective, all land is actually owned by the Congolese government. 2) In practice, however, common law regulates access to land through the tribal chiefs. Therefore, the coexistence and contradiction of the statutory law and common law leads to land insecurity. This insecurity is even greater for women who, although they may legally own land in the DRC, are often left off their husbands’ documents and are commonly shunned by their husbands’ families. In addition, mining law is different from and takes precedence over land law, so land rights for individuals and communities are often compromised if the government decides to grant a concession to a mining company. Understanding group ownership of land or having land owned by a Trust in the DRC is unfortunately not straightforward - it will take much more investigation and education. 3.

Successful resource sharing efforts are evident but are small and need support.

There is evidence that there are successful models for resource sharing. For example, various women-led groups implementing agricultural projects are increasing their harvest yields, improving their profit margins, and becoming more efficient. The Responsible Sourcing Network

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cooperative model is being used effectively by a number of groups. However, they still have minimal knowledge, resources, and tools. If this resource sharing is to grow and be replicated, more financial support, such as capital and loan facilities, and capacity building is needed. Coordination between different groups could scale the results they are each accomplishing individually. The potential benefits of Trusts are completely unexplored. Few people interviewed in the field had even heard of Trusts. 4.

Privately held and publicly traded mining companies could play a key role in resource sharing.

All of the mining companies interviewed for this report are supporting social development infrastructure. Most of the projects visited included direct investment into roads, hospitals, schools, and water systems. And yet few are experimenting with more participatory resource sharing models. One exception is the Tenke Fungurume Mining (TFM) Social Development Fund: a community-based fund that is managed by a multistakeholder board and includes input from a forum composed of local representatives. For these types of initiatives to grow and develop, mining companies are likely to need a considerable amount of support and assistance from local and international nongovernmental organizations (NGOs). In summary, there are many challenges to sharing the DRC’s natural resources. In particular, the prospect of implementing Trusts in the near-term is unlikely. That does not mean, however, that enabling architectures for resource sharing, such as Trusts, are not important or needed. It will require additional research to better understand the business, political, and legal barriers in the DRC to be able to design and implement viable models. It will also require education to surmount the lack of knowledge of Trusts and their potential benefit to local communities as well as mining companies. Most encouragingly, there are numerous examples of innovative and successful small projects initiated by committed and hardworking people in the Congo. Despite the many challenges, this is a nation with huge potential to ensure its natural resources are shared in equitable and sustainable ways so that more of its people can prosper. Finally, it is the intent of the creators of this paper that some of these ideas will be generative— that they spark conversations which lead to the development of new solutions for resource sharing in the DRC. This research revealed a range of diverse partners who could play a part in this process from international and local NGOs to mining companies. The contact information for the various organizations is provided so all can be followed up with directly.


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BACKGROUND The DRC is one of the poorest countries in the world.3 It is a nation often characterized by instability and violence—it is estimated that, since 1998, violent conflict, disease and poverty have led to the deaths of over six million men, women, and children. The UN estimates that approximately 1.8 million people remain displaced. The DRC has the potential for prosperity. It is a nation with some of the world’s most valued natural resources. It has untapped mineral reserves estimated to be worth $24 trillion, half of Africa’s forest resources, and some of the most rich and fertile soil on the planet.4 Although the DRC has this wealth of natural resources, local communities have been disappointed with the lack of economic opportunity and prosperity provided from the establishment of mining operations.5 In fact, the DRC’s resources can appear to be a curse rather than a blessing as its precious minerals are associated more with conflict than prosperity. International attention is now focused on the DRC and there is considerable pressure for change. This is a country that could have enough natural resources to feed the whole of Africa, and yet it finds itself in a situation where malnutrition is rampant: 28% of children under the age of 5 are malnourished. Fidèle Sarassoro, UN Humanitarian Coordinator for the DRC6

The DRC is the third largest country in Africa (2,267,000 sq km) and 10% of its total land area is classified as agricultural land. Much of the potential of this land, however, remains untapped. The DRC’s National Investment Promotion Agency estimates that only 2% of 120 million hectares of fertile land are currently cultivated.7 For the 40 million Congolese (nearly two thirds of the total population) that depend on farming for their livelihoods, the land currently only provides the most basic needs and often not even that. According to the World Food Programme, the DRC has a food deficit estimated between 3040%, making the country dependent on imports. According to Congolese agricultural expert John Ulimwengu, MONUSCO (the UN’s peacekeeping force in the DRC) imports $400 million a year in food and in 2008 the DRC spent approximately $1 billion importing food. One third of the population eats only once a day and an estimated 73% of the population is malnourished.8

3 Sustainability and equity: A better future for all. Human Development Report 2011, UNDP, 2011, http://www.undp.org/content/undp/en/home/librarypage/hdr/human_developmentreport2011/ 4 The DRC has an estimated 60% of the world’s coltan reserves (used in mobile phones) and vast deposits of cobalt, diamonds, and bauxite. 5 Unheard Voices – Mining activities in the Katanga province and the impact on local communities, SOMO, November 2011, http://makeitfair.org/en/the‐facts/reports/reports/unheard‐voices; Freeport McMoran versus the People of Fungurume: How the largest mining investment in DRC has brought poverty not prosperity, Southern Africa Resource Watch, April 2012, http://www.osisa.org/sites/default/files/openpolicy03fungurume.pdf. 6 “The HC Interview: Democratic Republic of the Congo,” OCHA, June 2012, http://www.unocha.org/top‐stories/all‐stories/hc‐interview‐democratic‐republic‐congo. 7 “DRC hands SA farmers access to land,” TradeInvestAfrica, October 22, 2009, http://www.tradeinvestafrica.com/news/310850.htm. 8 “USAID Land Tenure and Property Rights Portal, Country Profile: Democratic Republic of the Congo,” USAID, accessed July 2012, http://usaidlandtenure.net/democratic‐republic‐of‐congo.


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EXPLORING TRUSTS Trusts have been used to manage property for many centuries throughout the world. Trusts are often associated with protecting and managing very specific assets (money and buildings) for a very select group of people, such as Trusts for children and grandchildren in a fiduciary context. But Trusts can have wider sets of intent and beneficiaries, and involve different types of property. More recently, Trusts have been set up to protect and conserve a range of different assets such as land, water, forests, and habitat for whole communities. These Public Trusts – designed to benefit the general public within a certain geographical location – are exemplified in organizations such as the National Trust in the UK, the Land Conservancy Trust in Canada, the Alaska Permanent Fund, the Buffalo Commons, and the Babine Watershed Trust.9 A Trust is a legal tool that allows property (e.g., stocks, bonds, land, equipment) to be held by one party, the trustee, for the benefit of another, excluding the trustee’s own benefit. It is a very distinct organizational type. Under common law a Trust must have three elements: 

A clear expression of intent

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A specified beneficiary (or set of beneficiaries)

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A property interest

Unlike government or foundation resources, a Trust can define a select group of beneficiaries and make plans for the long-term, in some cases for perpetuity. Unlike businesses, it does not have to serve one group over others but can distribute benefits equally. Unlike NGOs, every beneficiary has an equal vote and share in the Trust’s assets and its managers, the trustees, are held legally accountable to a set of rules established at its conception. This research was based on a simple question: Could this centuries old legal entity be adapted for the benefit of the DRC? Might it be possible to specify beneficiaries and purposes that could resource and empower the marginalized, for example, women? Could Trusts be a means to pool assets from different sources to ensure benefit for and participation of local people for current and future generations in an equitable manner? Could they provide the architecture to develop local sustainable economies? Armed with these questions, this research explored the potential of Trusts to assist with two of the most dominant sectors of the DRC economy – agriculture and mining.

The Land Conservancy website, accessed January 10, 2013, http://blog.conservancy.bc.ca/; “Alaska Permanent Fund,” Wikipedia, accessed January 10, 2013, http://en.wikipedia.org/wiki/Alaska_Permanent_Fund; “Buffalo Commons,” Wikipedia, accessed January 10, 2013, http://en.wikipedia.org/wiki/Buffalo_Commons; Babine Watershed Monitoring Trust website, accessed January 10, 2013, http://www.babinetrust.ca/. 9


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AREAS OF INVESTIGATION Agriculture in the DRC Farmers face incredible challenges in the DRC: poor infrastructure (roads, energy, transportation, and storage facilities); no access to credit or other financial instruments to facilitate capital; and uncertain and contradictory land rights. And yet there is evidence of experimentation, innovation, and support. Field research revealed some of the farming groups had interactions with the UN’s Food and Agricultural Organization (FAO). Some were doing experiments with different seeds, others did comparisons with different fertilizers and pesticides, and some helped the farmers purchase inputs or tools. Although certain aspects of some of the projects were yielding good results, almost all of them had additional resources, equipment, training, processing, or storage needs. None of the groups communicated that they had difficulty selling what they harvested. Here are some of the specific observations: 

Several of the groups were leasing land for a variety of prices: o

Initiative des Femmes pour le Développement, l’Auto-Promotion et la Paix (IFDAP) is paying $400 for four months (one harvest) for 30 acres for its rice project

o

Women for Women International (WfWI) is paying $400 for 12 months (two harvests) for 1.5 acres for its Luvungi maize project

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There were numerous demonstration plots where cassava (yucca), maize (corn), soy, potatoes, rice, and beans were being grown. This seemed to be the preferred way to build capacity, to “teach by doing,” and then the women would go home and try to implement the same techniques.

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IFDAP was making improvements by changing seed varieties. By introducing an “iron” rice seed (Kaliba) that was brought from Burundi, they were able to double their rice yields (from two tons/hectare to four tons/hectare).

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In Uvira several groups (WfWI and IFDAP) were experimenting with different quantities of pesticides and fertilizers. In some instances, the difference was not necessarily apparent when pesticides were used. During general discussions with people, it was also mentioned that because the land is quite fertile in the Congo, fertilizers may not always be needed (though they were referenced frequently). Many farmers are faced with weed and insect issues and as a result there is a need to provide solutions on how to control weeds and insects that reduce productivity.

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A few of the visited groups in the Uvira region mentioned having a difficult time transporting their produce to market. One of the groups had access to a truck but most of the others had to get it to market on bicycle or carrying it on their backs or heads. With heavy crops like cassava and maize this is a very arduous process.

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Appropriate storage facilities are an issue. It appeared that most of the groups did not have warehouses or other locations where they could store their produce to make it last longer. Since most of the crops are harvested at the same time, the market is flooded (and therefore prices are lower) at harvest time, and prices go up during off season. One of the cooperatives did have a substance in which they packed their maize to make it last longer. Processing machinery was almost non-existent for most of the groups. The machine that seemed to be highest in demand was a maize and/or cassava mill. Apparently a typical mill can grind both maize and cassava by changing the screen. Processed cassava flour lasts about two years whereas it only lasts six months when stored in root form. Plus, the price paid for a kilo of processed cassava flour is higher than unprocessed cassava root. It is understandable that many of the groups wanted to have a mill since the farmers are looking for a higher return on the time

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Resource Sharing in the DRC: Exploring the Role of Trusts and money they have invested. There are two examples of mills being powered by a thermal gas engine in a rural area of Bukavu by Comité Anti-Bwaki and an electric-powered mill in the city that were able to pay themselves off in two years or less. However, Association des Mamans d’Amoni pour le Développement Communautaire (AMADEC), the group that did take out a loan to buy a flour mill, has been having a difficult time paying it off (see Financial Products section). It is important to educate those entering into financial contracts so they have a clear understanding of the costs, benefits, and market demand before a commercial loan is secured for equipment since most members of these communities do not have a basic understanding of math, let alone a grasp on even basic financial instruments. 

The different groups were doing a variety of experiments but it did not appear that the positive results were being shared or disseminated with those working to improve farming techniques or achieve higher yields. Groups need to be trained on how to document the success and failure of their experiments, agricultural activities need to be synchronized, and donors need to share the results provided in their grantee or project reports. Follow up should be done with FAO or other agro-experts to find out what adjustments are producing the best results.

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More education on agricultural techniques such as crop rotation, fertilization, companion planting, intercropping, and other organic and cost effective methods of managing and maximizing land use would be extremely empowering. For example, not very much exploration seemed to be happening with growing one plant under the cover of another plant (i.e. growing beans under banana trees).

Current Practices 

The Governor of Katanga, Moïse Katumbi Chapwe, appears to be very supportive of industrial agricultural development. Unfortunately, farmers interviewed had mixed feelings about it. He is requiring every mining company to provide 500 hectares of land from their concession on which to grow maize and then they have to give this maize to the government of Katanga. However, many people said they did not know where this maize went and some of the maize appeared to be drying up in the fields and was not being harvested.

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USAID is investing nearly $20 million over four years in eastern DRC through CARE International. This program promotes stable socio-economic recovery in targeted communities by developing and strengthening conflict prevention and management capacity, strengthening citizens’ participation in good governance, and increasing household revenue on a sustainable basis. Although investments can be substantial, one NGO interviewed stated it could only receive funding through a large more established NGO that is registered with USAID, and not receive an investment directly.

Personal Observations 

It is suggested that farmers may have a better chance of success if they grow a greater assortment of vegetables and crops, and raise a variety of animals. Then farmers will not be dependent on the risks of a mono-crop and may have greater income options.

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No one spoke of creating organic fertilizers with cow or chicken droppings, or food scraps. If oxen are used to plow the fields, their manure could also be used to fertilize.

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Having hoes is a good first step for utilizing tools that will increase their productivity. Many women spoke of wanting a tractor, but it seems that a lot could also be accomplished by plowing fields with oxen. Some cows were observed and apparently some of the women in the Uvira


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Resource Sharing in the DRC: Exploring the Role of Trusts region do own cows that they used for farming (since it was the end of the raining season, they were still harvesting, not plowing). But it was explained that many of the women do not feel comfortable around the cows, know how to take care of the cows, nor have appropriate medicine for the cows if they get sick, and veterinary services are very limited in rural areas. With past attempts to raise oxen or donkeys, the strong temptation of eating the animal’s meat when faced with starvation proved the projects unsuccessful. 

Simple processing of fruits or vegetables, such as making plantain chips or other dried fruit, could provide additional income for the agricultural groups if it is deemed there is a market for this type of product.

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Having access to a market is extremely important, as well as having a form of transportation (and, if necessary, storage) as a way to get the product to market.

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There may be opportunities to rehabilitate the extension services that are provided by the government to build capacity of farmers, especially women farmers. However, farmers must be careful of additional costs from services which are not required or requested.

Summary How might Trusts benefit agricultural development in the DRC? There is a currently a big concern that farmers are being kicked off their land and too much fertile terrain is being licensed out for mining. Designating certain land as agricultural land and having it held in a Trust might be a way to ensure the beneficiaries are able to continue to farm the land. Academic and Trust expert, Dominic Parker, has researched innovative uses of Trusts and other community-managed structures to protect wildlife, resources, or land rights for indigenous peoples in Canada, Zimbabwe, Namibia, and Tanzania. Challenges around conflicting property rights, a weak rule of law, and government ownership of all land are huge obstacles that will be covered later in this paper and which will need to be overcome to hold agricultural land in the Congo in a Trust. With that said, the DRC needs innovative solutions to tackle the problems it faces in agriculture so all options should be considered. There are lessons to be learned and approaches to potentially adapt from the communal conservancies that have been created in other African countries.

Women and Agriculture Women farmers in the DRC have even greater challenges than the men due to the severe lack of gender equality. The DRC ranks 79th of 102 countries in OECD’s 2009 gender inequality index and 119th of 122 countries in the women’s ownership right index.10 Women also face severe legal and social discrimination in terms of education, access to land, and access to credit. Even with these challenges, women represent 60% of agricultural laborers, 73% of farmers, and produce 80% of food crops for household consumption. 10 “Unleash Women’s Potential to Solve Food Insecurity Paradox in the Democratic Republic of Congo,” IFPRI policy note, March 2012.


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Appearing as a policy note by the International Food Policy Research Institute in March 2012, Catherine Ragasa, Annie Kinwa-Muzinga, and John Ulimwengu give a plethora of statistics about Congolese women in their article “Unleash Women’s Potential to Solve Food Insecurity Paradox in the Democratic Republic of Congo.” They not only point out the drastic inequality and underdevelopment of women in the DRC (see figure below), they also build the case for supporting them and transforming Congo’s agricultural sector. LIMITED ACCESS TO EDUCATION AND TRAINING

NO ACCESS TO CAPITAL TO FINANCE AGRICULTURAL ACTIVITIES

41% of women are illiterate compared to 15% of men - a major constraint in technology adoption and development in agriculture.

There is no agriculture credit system to help women finance their farming operations.

UNCERTAIN LAND RIGHTS Although legally entitled to own land, the proportion of women in charge of farmland is significantly lower than men (20-30%).

Discussions about women farmers in the field led to discussion of women’s rights. The two are inextricably linked. Below is a list of the main points that were brought up regarding women and agriculture: 

Most women cannot read or do basic math so before, or as part of, their training on agricultural techniques, in most of the economic development programs women were learning basic reading and math.

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It was brought up that it is important to train men on women’s rights. In particular:

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o

Any violence and sexual violence against women, including domestic violence, is wrong and should be stopped.

o

Girls have the right to go to school.

o

Women are equal to men.

o

It is ok to wear pants (especially when working in the fields).

Include men in agricultural programs. All of the farming projects that I saw had at least a few men working with them (with some, it was only the agronomist). Some people said this was for the safety of women in the fields. In some instances they were not husbands, but they were brothers or cousins, or some other family members. It is unrealistic to think that a program could be set up in the DRC that would not have any men at all involved. With that said, it seemed as if all of the projects visited still had their main focus on supporting women.


WfWI has an effective program where women enroll in a 12 month program. Basic literacy and math are taught as well as women’s rights. Then the women decide what type of job-skills training they would like to receive. In the Uvira region, 40-50% are enrolled in agriculture training. If they choose to continue their training, there is advanced training on how to run and participate in a cooperative and a more advanced business skills program.


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Resource Sharing in the DRC: Exploring the Role of Trusts 

All of the projects supported by the Global Fund for Women include basic literacy, math, and women’s rights. All of the NGOs organize the women to work together to farm so the women are farming as a group, association, or cooperative rather than working on their own.

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Cooperative Appui Congo started all of the women farming together on one shared demonstration plot to build their capacity. In the future, they will each have their own plot to farm within the 20 hectares the group has. At the same time, all of the women are contributing to a savings program so each woman can build her own chicken coup and buy the inputs she needs to manage her own plot of land.


Basic math, reading, and women’s rights skills all seem mandatory and every project had some component of these. If these skills will not be offered as part of any new program, then partnering with an NGO on the ground who offers this type of skills-training is imperative.

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Shared demonstration plots where women can learn in a safe environment and then go home to manage their own plots appears to be a model that is commonly used.

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Women pool their money to buy shared inputs and invest in one another, such as Chicken Ladies (see below). The project is able to succeed because each woman benefits from being part of a group, yet they are also each managing their own asset.

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Women farming together, with some men, appears to be the best model to protect women against sexual violence in the fields.

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One of the lessons learned that WfWI communicated regarding their commercial farm is that having all the women come to a central location is hard for many of them. One suggestion is to have women working in smaller, spread out plots within a big area.

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Support was apparent for a pictorial training manual for agricultural development. It would have to be understood by people with low literacy knowledge and be accompanied by meeting in person for further explanation, and then put into practice in the fields.

Summary The field and desk research revealed that women, who comprise the majority of the farmers in the DRC, disproportionately face challenges of access to land, finance, and markets. The research also provided some examples of innovation to tackle these issues and built a strong case for these initiatives to be scaled. The innovations that are demonstrating some degree of success could be used as best practices when applied in a Trust model. Given the security and cultural challenges mentioned above, women are the most logical beneficiaries of Trusts. They may also be the constituency most open to experimenting with a Trust because those women affiliated with an NGO are already organized to work together to farm the land. Cooperative land and property management is not without its challenges for well-educated farmers. Rudimentary education needs to be offered so the communities in question can make conscious and informed decisions as to whether they are interested in getting behind a solution


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new and foreign to what they already know. In addition, since the fieldwork did not identify any working models of Trusts in the DRC, education of the Trust concept and translation into the Congolese context is needed.

Access to Financial Products In addition to general literacy training for women farmers, it is important that financial products and services that meet the needs of the people are available. “Financial products” not only refers to micro credit but includes other types of instruments such as savings plans, loans, and financial training. 

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

Micro Credit o

Current micro credit loans are quite small and for a fairly short amount of time: First Step Initiative’s (FSI’s) first loan is typically $100 for a four month loan tenure with a 4% interest rate per month. Once it is paid back, the next one can be larger with a longer payback schedule. FSI typically gives loans for eight to nine months because it has to get the money back from the women and do the paperwork so the loan is paid up within a year.

o

FSI has given a few micro credit loans for vegetables but not for crops. There was a strong distinction here. It was explained that the return on investment (ROI) for crops is too long since it may take up to 15 months (for cassava for example) to grow, sell, and do all the paperwork for a crop. On the other hand, a borrower can pay back the loan for seeds or other inputs for vegetables within nine months. Part of this restriction is because FSI is required to turn over its own loans within one year. If FSI could obtain financing where it had 18 months to pay back a loan, it may be able to offer micro loans for 15 months.

o

The interest rate needs to be closely scrutinized for feasibility to ensure the price that can be obtained for the crop will be able to cover all of the inputs and the loan cost. In some cases the micro loan interest rate for an agricultural loan may be higher than a loan for clothing or trade activities. The loan amount and its tenure are dependent on the need of the producer and the need for the loan (seed, fertilizer, equipment, land, etc.).

Savings Plans o

Savings plans are distinct from micro credit programs in the DRC and the Congolese government manages them differently.

o

A savings plan is typically a pre-cursor to a micro loan program since it teaches a woman how to save. It is also a way to save money for a bigger piece of equipment. It is less risky for the credit agency because there is already some cash set aside.

o

The common example that was demonstrated, called likelemba in the DRC and tontine in French, is where a group of women (a cooperative or an association), say 30, each month put in an amount such as $5.00, then the full amount of $150 is given to one woman to buy a chicken coup or a piece of equipment. If they can put money in more frequently, money can be distributed more quickly to each individual woman.

Financial Management Training o

FSI and others do training with women when they distribute the loans. Women are taught how to keep track of their expenses, determine prices to charge, how to save, etc.


12




Equipment Loan (i.e. flour mill or tractor) o

There are definitely pieces of equipment that various groups brought up that are bigger than what a micro loan could help to buy. In fact, the whole group typically has to take out a loan together to be able to purchase a large piece of equipment. Some commercial banks may be willing to give a loan to a group of women but it is uncertain how high the interest rates are.

o

A good example is the loan to the group AMADEC (TFM’s project), which they took out to buy a maize mill. TFM helped them write a business plan. Cost was $2,496 with a 3.5% interest rate and two month grace period. It seemed other villagers got the same idea so other mills started popping up and it has been more difficult than they thought to sell their maize flour. They are not in default yet but they are still paying off the loan and it is taking them longer than anticipated to do so (they have $1,500 left to go). Fortunately, some of the women are able to work for TFM cutting the grass under the power lines which will provide them additional income to pay back their loan.

Revolving Loans (seeds, fertilizers, etc.) o

Many agreed that having access to credit to buy seed and other inputs would be very beneficial since investment resources are so minimal.

o

Currently, the AMADEC group receives credit from TFM to cover seeds, fertilizer, and technical advice. After harvest, the women pay back TFM with a bag of maize, save some for their family, and then sell the rest. Some is sold to TFM for their workers and some is sold in the open market. TFM is supporting this approach in 26 villages and receives about 400 tons of maize as part of the program (which covers about 30% of TFM’s maize needs). However, TFM comes up approximately 35% short from covering its investments so it is losing money every year. Furthermore, maize imported from Zambia is less expensive than maize grown in the DRC. TFM is researching how to make the program sustainable.


The Assoc. d’Appui aux Groupements des Femmes et Familles (AGF or Chicken Ladies) in the outskirts of Kinshasa had a successful savings model. By having everyone contribute a nominal fee each month, they have been able to build 30 chicken coops that are set up in the yards of the various members.



FSI runs a traditional micro credit program in and around Lubumbashi. FSI holds a three day entrepreneurial training course that includes education on links to markets, training in loan management, teamwork, and group mentoring, and then follows up with additional exchanges over one year. Most of their loans are going to women who are running a small business, like a shop, or reselling products at the market. FSI is just starting to look at loan options involving fruits and vegetables.



Managed through USAID’s Development Credit Authority, USAID and TFM engaged in a partnership with Trust Merchant Bank (TMB) to guarantee loans. The loans are available to entrepreneurs in the Katanga Province to start or expand businesses, including agriculture. USAID has a similar program with la Banque Internationale pour l'Afrique au Congo (BIAC) specifically for agricultural development throughout the DRC. The partnerships are designed to increase the usage of the formal banking system to boost economic growth. Due to low financial literacy, technical assistance and appropriate credit products are needed to increase these


13

Resource Sharing in the DRC: Exploring the Role of Trusts activities. The size and costs of the loans, and the eligibility requirements also need to be effectively communicated.


All of the support structures mentioned to provide financial products and economic independence are extremely important. However, there is no silver bullet. A lot of training of women farmers is needed with local agronomists and NGOs with a good business sense to ensure that they learn basic math and reading, understand the farming practices or the business of agriculture, become efficient with their harvests, and establish sustainable economic models.



The savings programs do seem to have success and are less risky than a loan or micro credit program. These programs should be explored further and could be implemented when appropriate. This savings approach may be more successful with equipment or a tangible asset rather than purchasing inventory or seed. It will also work better when everyone in the group does not need to have income at the exact same time (like for a planting or harvest).



If a loan is going to be taken out for a piece of equipment (such as a cassava mill), a careful ROI analysis needs to be done so the women do not get burdened with a loan they cannot pay back.



Paying back a loan for seed and other inputs with fruits from the harvest makes it easy on the farmer.

Summary How is access to financial products related to Trusts? There is a strong case for solutions that seek to build collective and community benefits and security. Women could find that a Trust is a useful vehicle to pool their assets in ways that could leverage more resources and provide their assets some increased protection and longevity. For example, although the Chicken Ladies each individually own the chicken coups in their back yards, they have a need as a community to own land to grow corn for feed, to build a large incubator house to hatch the chicks, to have a robust revolving loan fund, to jointly find new customers, and to purchase a vehicle to transport eggs to expanded markets. If the other barriers to implementing a Trust in the DRC are overcome, this might be a viable solution to manage this array of assets for this industrious group of women, as well as for their children. If expanded sustainably and replicated, this approach could assist in serving the Congo’s under-served demand for locally-produced eggs.

Land Security There are substantial issues with land security in the DRC. This stems from the contradictory nature of the Congolese land tenure and land ownership laws. There are two overlapping views on access to land in the DRC. First, from the statutory law perspective, land tenure is based on the Land Law (Code Foncier or Loi Bakajika) which states that all land is actually owned by the Congolese government. 11 Second, in practice, common law regulates access to land and land 11

Loi Bakajika, Ordinance‐Law n° 66/343 promulgated on June 7, 1966.


14


tenure through the tribal chief or village head who assigns the land at a set price. Therefore, the coexistence of the statutory law and common law is subject to insecurity. An additional layer of complexity of land ownership and usage is how statutory law and common law address surface rights, exploration rights, and exploitation rights since mining rights are distinct from land rights. According to the 2002 Mining Code, the mining registry has precedence over the land registry.12 If mining licenses are granted, land title holders are limited to only claiming compensation and, unfortunately, in most cases (especially in rural areas) customary chiefs and villagers do not possess land titles. The 2010 Farm Bill (Code Agricole) is supposed to address the issue of this duality by “delegating decisions and transactions related to land to be locally managed by permanent local land commissions at the level of communities, chiefdoms or sectors.” It is a decentralized approach, giving greater authority to provincial governments to identify regional needs including rehabilitation of rural infrastructure and establishing priorities for agricultural research.13 However, it was also explained that legislation to manage agricultural land is going through further revisions (such as the recent creation of the 2012 Agricultural Law), which has not yet been fully implemented, especially far from urban centers. According to Chris Huggins, an academic and expert in land rights in the Great Lakes region, “[o]n a strictly legal basis, there are many loopholes and it is extremely complex.”14 Huggins and Fr. Didier de Failly, from the Bureau d’Etudes Scientifiques et Techniques in Bukavu (BEST) gave recommendations to speak to the following Congolese land experts, or at least to refer to their publications to gain further insight: Defi Augustin Fataki Wa Luhindi, Alain Huart, Paul Mathieu, Séverin Mugangu, and Hubert Nzakimuena. In addition, an expert who is familiar with the intricacies of the DRC’s regulations as they pertain to the mining industry is Cecilia Siac, an internationally renowned mining law lawyer who has assisted the Congolese government in restructuring its mining registry and updating its Mining Code. Much further investigation is needed to fully comprehend the challenges, and therefore identify the opportunities, with land ownership and usage in the DRC. The main land security challenges for communities in general are: 

The Congolese government legally owns all the land in the DRC. However, there is an understanding with the local chiefs to parcel out the land and people are considered stewards of the land. Even though the government owns it, most Congolese refer to “owning” land.



There is statutory law as well as common law in the DRC. Since the land is controlled by both laws simultaneously, there can be discrepancies in ownership or who has rights to the land.



Although DRC citizens cannot own land outright, land expert Chris Huggins told me this might not be a barrier to setting up a program that promotes land security. People could have a long-

Code minier, Loi n° 007/2002 of July 11, 2002, Journal Officiel de la République Démocratique du Congo, July 15, 2002. Annie Kinwa‐Muzinga, Catherine Ragasa, and John Ulimwengu, Gender Assessment of the Agricultural Sector in the Democratic Republic of the Congo, (International Food Policy Research Institute, August 2012), 11. 14 Chris Huggins, interview with author, June 4, 2012. 12 13


15

Resource Sharing in the DRC: Exploring the Role of Trusts term lease (25-99 years was referenced), which could easily be renewed. The government does not seem to be indiscriminately taking land away from people. 

According to the 2002 Mining Code, the mining registry has precedence over the land registry so, if mining licenses are granted, land title holders are limited to only claiming compensation, not maintaining the ownership rights over their land. Therefore, if minerals are found and the government decides to grant a concession to a mining corporation, land rights for individuals and communities are often compromised and compensation for the land may not be equitable.



It was communicated (unconfirmed) that there are two different types of “titles:”



o

Contract – short term: varies, could be three years or as short as one growing season/four months (like a lease).

o

Certificate – long term: 99 years – indefinite (similar to a purchase, which can be passed on through inheritance).

The 2012 Agricultural Law just went into effect. The understanding is that it was created so distribution of agricultural land is given some of the same formality as distribution of land for mining. o



Mentioned by local Congolese on more than one occasion is the understanding (unconfirmed) that if land is designated to be farmed and it is not farmed within a certain period of time, it can be taken away.

The head of farmer association Confédération Paysanne du Congo (COPACO) thinks it is easier for a group to own land than an individual, especially in regards to purchasing land to secure it for a community and to be able to withstand having land taken away for a mining concession.

Land ownership issues for women in the DRC are different than those dealt with by men or communities as a whole. Here are the biggest challenges particular to women: 

Most couples do not get officially married. They might get married by the chief, but the marriage is not formally registered with the state, so no documents are given. As a result, if the husband dies, the wife does not have proof that she should inherit what was his. o

Typically, it appears that land is passed from father to brother or father to son, and the wife is left out of inheriting anything.

o

Stories were told of the in-laws considering the wife (daughter-in-law) an “alien” and after the husband dies, the in-laws want nothing to do with her and frequently confiscate her land and her children.

o

The Jiko Mam’Afrika project is encouraging women to get officially married so they have documents. They wanted to have this as a requirement for the women to work with their agricultural project but it is not as many of the husbands refused to get married and then pressured their wives to drop out of the program.



NGO Solidarité des Femmes Activistes pour la Défense des Droits Humains (SOFAD) trains women to include inheritance rights into negotiating the dowry. They think it really needs to be discussed prior to the marriage taking place because they say it is very difficult to get the husband to agree to this after the marriage has occurred.



It became apparent through field conversations that there is a need to formalize and legalize customary laws and statutory laws that support women’s ownership of land, even though it is officially legal for women to own land in the DRC.


16



For houses that TFM built for the three villages that were relocated during the construction of the mine, TFM is in the process of issuing Contracts de Jouissance which last the lifetime of the concession. Although it is not a title per se (TFM cannot give title to a house since TFM does not own the land, it is only leasing it), it is the best solution that TFM has determined which will give the owner of the house some assurance that they have claim to it. TFM is now considering doing something similar for farm land as well as any future resettled households.



Fr. Didier, from BEST, has been in South Kivu, DRC for over 40 years and looked into land ownership options. The option he is currently working with others to implement (originally developed by local NGO Action pour la Promotion et la Défense des Droits des Personnes Défavorisées (APRODEPED) involves tying up the land with contracts and other legal instruments so another entity cannot buy it. He said that since individuals cannot actually own land, this is the best option to secure the land. But he admits this is useless in front of a mining concession, since the mining title is by law stronger than the land documentation. This process needs further investigation.



For several of the women’s agricultural groups that were visited, they were farming land that belonged to an individual that gave or allowed the group to use it. With Soutien aux Initiatives Promotionnelles de la Femme et de la Famille (SIPROFFA), the women explained that the local chief was allowing them to use the land (25 hectares) and they only paid $100 as a thank you to the chief. In a few instances, the association or the cooperative was leasing the land that the group was farming. Further research needs to be done to document actual instances of groups that own land and analyze challenges and opportunities to group ownership.



Another example was given of a group of widows in the Kikwit area that bought land from a local chief with the blessing of the provincial government. The contract is with the president of the group but the understanding is that the land belongs to the group. In eastern Congo this is called bugule, buying a piece of land and having the certificate delivered by the cadastre foncier (land registry). Further study is needed to see what documentation can be implemented to ensure the land is secure for the group since the certificate is with an individual.


Since land is controlled by both statutory and common law, and there have been some cases where two titles were issued by different entities to different people for the same land, there are many discrepancies in ownership. In discussions it was pointed out that the majority of cases heard in the court system in the DRC pertain to land.



It was expressed that the Congolese government is in the process of reforming the land and agricultural laws and updating them to take into consideration current realities. Some think issues are starting to be addressed with the new Farm Bill but there are still provisions that need to be amended. It also needs to be determined how these laws will be implemented in rural areas since law enforcement in the DRC is weak, especially in the rural areas and areas far from the capital (such as in north and south Kivu).



Congolese people have the opportunity to hold their own government accountable and adhere to the decentralization elements of the 2006 Constitution.15

Herbert F. Weiss and Georges Nzongola‐Ntalaja, Decentralization and the DRC – An Overview (Center on International Cooperation, 2009), 15


17


Understanding options around land ownership in the DRC so a group or cooperative or Trust could own it outright will take much more investigation and education.



In a few instances a group was given 20-30 hectares to farm. However, without advanced machinery, such as a tractor, they said they did not have sufficient people-power to farm all of the land. Since they could not farm all of it, they were nervous that the chief or the government would take it away from them.



It was communicated by Fr. Didier that his experiences tell him that cooperative ownership of land might be difficult to execute over the long term. Although many co-ops exist in the DRC, it was pointed out that this is more of a “western concept” that was introduced from the outside and which many modern donors encourage. From his experience in eastern DRC, he has seen cooperatives get corrupted due to unrest and poverty. However, others claim that many of the women affiliated with groups in the DRC do trust their leaders and their commitment to empower members in improving their living standards (location in the country may play a factor here). Further research is needed to document what has led to successful, long-lasting cooperatives in the DRC, especially as it relates to co-owning any large assets (such as land or equipment).



One observation is that land traditionally belonged to a community or a village prior to colonization and the introduction of individual ownership. Something to explore further is documenting if there still exists in a remote area of the DRC a model of community usage of land where the application of individual ownership or usage was never implemented. The concept of a Land Trust or Community Trust may resonate if integrated with this traditional approach of communal land usage. It is also worth researching if a successful model of communal usage of land exists where the village consciously chose to collectively “own” the land.

Summary An effective Trust depends on clear legal property rights and rule of law. The research revealed a complex and conflicting set of laws and norms around property that on the surface would undermine the creation of a Trust. Interviews also identified, however, that property rights are in a state of flux and there are formal and informal efforts to find new ways of clarifying rights. In this environment it might be possible to pilot or prototype a Trust model if the right conditions and partners could be found. Interest, commitment, expertise, and heavy involvement at the local level are crucial to navigate the intricacies and nuances of property rights and the rule of law and its interpretation and implementation pertaining to Trusts. In creating initial prototypes, a variety of Trusts should be explored. Establishing a Trust that does not contain the asset of land might be one approach to consider, while establishing a Trust with a community that never adapted individual property ownership is another approach to consider.

http://www.ssrc.org/publications/view/Decentralization-and-the-DRC/


18


Mining in the DRC Most industrial mining companies in the DRC have had a rocky relationship with the local communities where they have their operations. Typically, contracts have been signed with officials in the capital of Kinshasa and, even though the contract may call for a portion of the profits to be shared with the local population, most of the local communities have seen little to none of the proceeds. In many cases, all that the local villagers have experienced has been relocation, water contamination, increased dust and traffic, arrests, and legal proceedings if any artisanal mining has taken place on the concession land. Local NGOs have documented some of the biggest infractions committed by mining companies with operations in the DRC. SARW issued a report in 2012, Freeport McMoRan versus the People of Fungurume, and Action Contre l’Impunité pour les droits Humains (ACIDH) together with European-based NGO SOMO (Centre for Research on Multinational Corporations) issued a report in 2011, Unheard Voices: Mining activities in the Katanga province and the impact on local communities. 16 One of the messages that came through loud and clear on the ground in the DRC was the expectation by local communities to have more opportunities to prosper economically. Local citizens are not just looking for jobs inside the mines, but desiring job opportunities servicing the mines and its extensive workforces. The four mines visited (three field locations and one headquarters) to research this paper all have some sort of foundation, trust, or fund (FTF) established. In some instances, this was mandated by the Congolese government, in others, it was voluntary and the company decided to do it as part of its commitment to corporate social responsibility. All of the companies are supporting schools, health care facilities, and roads. Two of them have a strong focus on economic development. Even with the FTFs established, there are still criticisms of the mining companies mentioned below, as well as criticisms of the mining companies that were not visited. Civil unrest and violence has not been absent from the industrial mine sites in the DRC. As the country stabilizes, the sector will formalize, resulting in increased mining investment. Mining companies in the DRC will need to build their “social license to operate,” as was mentioned in the World Bank report.


Tenke Fungurume Mining (TFM) is co-owned by Freeport McMoRan, an American publicly traded company; Lundin Mining Corporation, a Canadian publicly traded company; and Gécamines, which is wholly owned by the Congolese Government. Its concession encompasses 1,600 square km and includes nearly 60 villages, three of which had to be relocated with the first phase of the mine. Currently TFM has a staff of about 65 people working on a variety of social

Kabemba, Freeport McMoRan versus the People of Fungurume, accessed May 2012, http://www.osisa.org/open‐policy/economic‐justice/drc/freeport‐mcmoran‐versus‐people‐fungurume; SOMO, Unheard Voices: Mining activities in the Katanga province and the impact on local, accessed May 2012, http://somo.nl/publications‐en/Publication_3727. 16


19

Resource Sharing in the DRC: Exploring the Role of Trusts issues from building a hospital and schools to supporting women farmers.17 In addition to the direct social and environmental projects that TFM is supporting, it also established the TFM Social Community Fund (see previous section). 

Mining Minerals Resources (MMR) is part of Somika, a subsidiary of privately held Vinmart Ltd., and works closely with its partner Cooperative des Artisanaux Miniers du Congo (CDMC). It is a semi-industrial coltan mining company located in Katanga province that is currently involved with the Solutions for Hope project and the Partnership for Social and Economic Sustainability (PSES) project. 18 MMR established an independent foundation in early 2012 called Vinmart Foundation to manage all of their projects.19 Together with KEMET (who established PSES and contributed $1.5 million), numerous projects have been supported which include schools, a road out to the mining village of Kisengo, a hospital, water pumps throughout the town, and solar-powered street lamps. In addition, Vinmart has a five year plan to support agricultural training, micro finance, access to credit, and equipment investment. It is looking to partner with a few different local NGOs to achieve its plan, including Jiko Mam’Afrika and Cooperative Appui Congo.



Banro Corporation, a Canadian publicly traded company, established the Banro Foundation, which promotes local social and economic development in six different communities in which it has offices or activities. So far, the Banro Foundation has built 10 new schools, four new health care clinics, four potable water systems (one serving 18,000 people), and partnered with Panzi Hospital to open a new medical facility for women in Bukavu in 2012. Banro is following through on its commitments in the areas of capacity-building job creation and training for Congolese citizens, environmental protection, and workplace safety.20


All of the mining companies were proud to mention what their foundations have accomplished.



Various NGOs, students, and individuals who were recipients of the infrastructure improvements were all very appreciative since Congolese government support of these basic services has been fairly non-existent in some parts of the country.



TFM staff mentioned that locating effective NGOs to implement social development programs are hard to come by in the DRC. As a result, they are working with a number of international NGOs and social consultants to do an assessment of their current programs, monitor their impact, and train local NGOs.



Most initial investment in development projects is in roads, schools, and health clinics. Although these are all necessary, projects that provide for basic human needs such as a consistently available and nutritious diet are in high demand from local communities. It is a more ambitious initiative to be able to create sustainable income so that local communities can thrive, not just survive.

“TFM Social Community Fund, ASBL,” Freeport‐McMoRan Copper & Gold, accessed November 2012, http://www.freeportinmycommunity.com/communities/tfm‐social‐community‐fund. 18 “Conflict‐Free Tantalum Sourcing Initiative,” KEMET, accessed November 2012, http://www.kemet.com/conflictfree ; “Solutions for Hope,” RESOLVE’s Solutions Network, accessed July 2012, http://solutions‐network.org/site‐solutionsforhope/. 19 “Issue 1: Vinmart Foundation Newsletter July 2012,” RESOLVE’s Solutions Network, accessed November 2012, http://solutions‐network.org/site‐solutionsforhope/files/2012/06/Vinmart‐Foundation‐NEWSLETTER‐Issue‐1.pdf. 20 “Corporate Social Responsibility,” Banro Corporation, accessed November 2012, http://www.banro.com/s/CorporateResponsibility.asp#foundation. 17


20


Supporting small and medium enterprises that service the mine directly (i.e. provide food for the workers’ cafeteria) is a way to have an immediate market and return on investment. However, attention needs to be placed on building markets independent from the mining operations. Therefore, after the mine exhausts the resource and closes down production thereby eliminating the primary market, the community will ideally have an already-established alternative market that is profitable and logistically viable to serve.

Trusts and Mining The idea of Trusts and their growing importance to corporate responsibility is not new to the mining industry. The World Bank issued two reports in the last few years about the establishment of FTFs in the international mining sector: Mining Foundations, Trusts, and Funds – A Sourcebook (2010) and Sharing Mining Benefits in Developing Countries (2011). 21 A great resource for extensive information on Trusts can be found at: International National Trusts Organization (INTO). The World Bank research shows there is a growing trend to establish FTFs in the mining sector, with at least 60 in the world today. Some have been established voluntarily and some have been prerequisites to receiving land concessions. There is no “one size fits all” model, but there are many examples of success. Authors Elizabeth Wall and Remi Pelon build the case that mining companies should establish FTFs to share some of the benefits of their mining operations, which will help them retain their social license to operate. No one that was interviewed for this paper was aware of a Trust model existing in the DRC. In contrast, research revealed four different foundations that have been established by mining companies in the DRC (this is only from first-hand research, there are likely more; see Mining in the DRC section of this paper for more details). And although Trusts are unfamiliar to people in the Congo, a community-based fund model does exist in the DRC. Standing apart from the other traditional corporate foundations, is the TFM Social Community Fund, which was established in 2010. As part of its contract with the Congolese government, TFM agreed to contribute 0.3% of annual net revenues to a community fund. As of May 2012, $8.39 million had been allocated to the fund and 21 projects had been approved for funding.22 The TFM Social Community Fund is governed by a seven-person board made up of community, provincial government, and TFM representatives. The community submits project proposals for review to a 40-person stakeholder forum, which has four working groups focused on: education, health, infrastructure, and agriculture. The forum then submits proposals to the board for final review and approval. The fund’s objective is:

Elizabeth Wall, Mining Foundations, Trusts, and Funds – A Sourcebook (The World Bank, June 2010), http://siteresources.worldbank.org/EXTOGMC/Resources/Sourcebook_Full_Report.pdf; Elizabeth Wall and Remi Pelon, Sharing Mining Benefits in Developing Countries: The Experience with Foundations, Trusts, and Funds (The World Bank, Extractive Industries for Development Series #21, June 2011), Sharing Mining Benefits in Developing Countries The Experience with Foundations, Trusts and Funds. 22 “TFM Social Community Fund Overview,” (presented May 2012). 21


21

Resource Sharing in the DRC: Exploring the Role of Trusts To support community development for the primary benefit of the community members impacted by the Tenke Fungurume Mining project by investing in sustainable community development projects supporting infrastructure and relevant services (including health, education, and agriculture).

Apart from the legality of establishing a community development Trust in the DRC, it is important to look at the success of any similar funds, determine if local communities embrace this type of approach/structure, and analyze the biggest implementation risks that would prevent the success of a Trust. According to the United States Institute of Peace, the DRC ranks at the bottom of every corruption index and weak regulatory and institutional frameworks have created a vacuum that has precipitated and sustained corruption.23 Therefore, it is important to learn from already established FTFs in the DRC and incorporate an appropriate structure that will meet the needs of the people while also maintaining the integrity of the Trust.


The current practice managed by most mining companies takes the form of a traditional corporate foundation. See the next section for details.



The TFM Social Community Fund, to which TFM contributes a portion of its annual net revenues each year, has a multi-stakeholder board and stakeholder forum. It supports sustainable community development projects supporting infrastructure and relevant services.



Research thus far has not uncovered any FTFs created by a mining company that operate independently.


TFM was able to build a lot of good will with members of the local community by asking them to submit project ideas to fund, establishing a stakeholder forum, and by having local representation on the board of the fund. However, communication can be challenging in the DRC and South Africa Resource Watch (SARW) pointed out in its report that TFM did not do adequate outreach to the community regarding the fund. Therefore, careful thought and follow-through need to happen to inform the greater community of the company’s efforts.



A Trust focused on land might be an innovative way forward for communities in the DRC to protect their land and their resources from being taken for a concession or other purpose. However, for a Trust to be successful there needs to be a strong rule of law, so establishing a Trust in the DRC at this time will likely have some challenges.



It was not easy and it took time, but TFM was able to establish a community-based fund in the DRC with strong management by TFM. It took about two years to set up the fund, with projects first receiving funding in year three. Detailed lessons learned from this experienced should be captured and shared.

23 “The Democratic Republic of the Congo, part of the Center for Sustainable Economies,” United States Institute of Peace, accessed November 2012, http://www.usip.org/programs/initiatives/the‐democratic‐republic‐congo.


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Summary The challenge, and thus opportunity, is to extend the wealth and benefits from international mining operations in the DRC from the existing stakeholders to include the local communities, potentially, in the form of a Trust. These Trusts may include, but may not be limited to, such assets and benefits as agricultural use of land concessions during exploration and/or production and remediation, granting of stock options or other financial derivatives, and a predetermined profit sharing structure or similar direct financial instrument that is intended solely for the beneficiaries of the Trust. By creating and implementing sustainable systems, such as through a Trust, that invest in local food systems and economic development, local communities, and mining companies could build mutually beneficial relationships, replacing the current structure that is disproportionately skewed in favor of the corporation. The mining companies will be able to fulfill the food needs of their workers, strengthen their social license to operate, and contribute to a long-term economically independent society. The Congolese communities will have access to financial resources, gain access to markets in close proximity to where they are cultivating and processing, and have opportunities to diversify and expand small business developments. The existing model could evolve from exploitive to supportive. The fieldwork revealed that some mining companies are thinking about innovative ways to share the benefits of mining with their local communities and involve the communities in the allocation of resources. There was some interest in the Trust model for facilitating economic development. There are also examples of mining companies around the world using Trusts that suggest it may be possible in the DRC. That said, more research is needed into understanding the specific legal, regulatory, and practical implications for mining companies and local communities in the DRC to implement Trusts. For the Trust model to be viewed as a feasible option in the Congo, several kinds of prototypes should be piloted in different regions of the DRC. The prototypes will require supportive local leadership and explicitly committed and trustworthy entities to take on the trustee roles so that corruption does not extend to this system.

RECOMMENDED NEXT STEPS This paper has explored resource sharing in the DRC through a particular lens: the potential role of Trusts. The paper outlines exploratory and early-stage research that identifies that there is a need for collective resource sharing solutions in the DRC, such as Trusts, but that there are significant challenges. In a nutshell, there is no successfully operating precedent to reference with the first step being a complete understanding of if and how a Trust could fit into the current Congolese legal structure. In addition, a Trust model cannot be easily applied to the DRC without considerable work, education, translation, and commitment by regional experts, organizations, and corporations. It cannot be stressed enough that any successful attempt at this type of innovation could not be possible without the endorsement of and execution by local champions. To determine if Trusts could be an innovative solution to resource sharing in the DRC, recommended next steps include:


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Resource Sharing in the DRC: Exploring the Role of Trusts 1.

Further Research

This paper has only just skimmed the surface of significant issues that need to be fully understood to determine if Trusts can be implemented in the DRC – women and agriculture, land security, and mining operations. Many resources were uncovered, many which are referenced in the footnotes or appendix, and interviews with several experts recorded. However, each one of the interviews produced half a dozen new experts to contact and several reports to read. To continue along this path of investigating what is currently being done and what is legal to do in the DRC, as well as examples of successful implementation of related efforts, it is recommended additional research focus on the following areas:

2.



DRC legal support of structures of Trusts



Mining companies and successful application of Trusts



Economic development requirements in DRC for mining companies



Community land ownership/rights/security/legal structures



Community land rights as they relate to mining law and mining concessions



Traditional community land usage arrangements and success and how Trusts might enable or constrain this activity



Successful structures of cooperatives and Trusts – differences and similarities



The potential of Trusts to pool a diverse range of assets (e.g. land use, corporate stock, cash) in the DRC and adoption of revised ownership models by related regulatory, corporate, and other relevant stakeholders



Financing agricultural and economic development – for example, access to credit and savings opportunities and how to structure them to be successful and sustainable in the DRC



Analysis of successful agricultural and economic development projects in the DRC, the opportunity for scalability, and how Trusts might enable this process



Access to agricultural intelligence specific to the DRC and a widespread, scalable method of educating the communities that are farming the land

Multi-Sector Advisory Team

To take these ideas to the next level requires building on the relationships already established, expanding the network of advisors, and connecting with local champions committed to being involved. Next steps could include: 

Establishing a multi-sector advisory team of experts from inside and outside the DRC—from the development sector as well as the corporate sector—that is willing to work with the mining companies and local implementing partners to explore Trusts



Inviting the participation of businesses throughout the entire mineral supply chain, foundations, government donors, international aid agencies, and others to contribute to explore the potential for implementing a Trust model


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Resource Sharing in the DRC: Exploring the Role of Trusts 3.

Prototyping

On paper some of the challenges can appear insurmountable. To take some of these ideas forward requires commitment by experts and implementing partners in each discipline, particularly by those on the ground. Next steps could include: 

Consulting with relevant land experts, lawyers, or regulatory bodies that may have specific expertise or hold positions of influence that could assist or hinder the project



Identifying, engaging, and acquiring commitment by several women’s agricultural cooperatives/NGOs to explore and potentially pilot the Trust model



Identifying, engaging, and acquiring commitment by a handful of mining companies who are willing to pilot a Trust in the Congolese communities where they are operating



Exploring a variety of different types of Trusts when creating initial prototypes o

For example, establishing a Trust that does not contain the asset of land could be piloted, while establishing a Trust with a community that never adopted individual property ownership is another approach to consider

CONCLUSION In summary, there are many challenges to sharing the DRC’s natural resources. In particular, the prospect of implementing Trusts in the near-term is unlikely. That does not mean, however, that enabling architectures for resource sharing, such as Trusts, are not important or needed. It will require additional research to better understand the business, political, and legal barriers in the DRC to be able to design and implement viable models. It will also require education to surmount the lack of knowledge of Trusts and their potential benefit to local communities as well as mining companies. Most encouragingly, there are numerous examples of innovative and successful small projects initiated by committed and hardworking people in the Congo. Despite the many challenges, this is a nation with huge potential to ensure its natural resources are shared in equitable and sustainable ways so that more of its people can prosper. Finally, it is the intent of the creators of this paper that some of these ideas will be generative— that they spark conversations which lead to the development of new solutions for resource sharing in the DRC. This research revealed a range of diverse partners who could play a part in this process from international and local NGOs to mining companies. The contact information for the various organizations is provided so all can be followed up with directly.


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APPENDIX: RELEVANT GROUPS AND INDIVIDUALS Organizations Action Contre l’Impunité pour les Droits Humains (ACIDH) Location: Kinshasa and Lubumbashi, Katanga

Action Against Impunity for Human Rights is a human rights defense organization. It works to hold mining companies accountable to the communities where they operate in the Katanga province of the DRC.

Contact: Emmanuel Umpula Nkumba Email: [email protected]

Appui aux Femmes Démunies et Enfants Marginalisés au Kivu (AFEDEM) Location: Bukavu, South Kivu Contact: Gertrude M’Cidende or Christian Zihindula Bazibuhe Email: [email protected]

Assoc. des Mamans d’Amoni pour le Développement Communautaire (AMADEC) Location: Tenke / Fungurume, Katanga Contact: Kapinga Ngalula Jacqueline via Ida Efinda, TFM Email: [email protected]


GFfW grantee. AFEDEM is an organization founded in 1999 to improve the social status and address the lack of knowledge about rights among destitute populations in the rural communities of Bukavu and Walungu, in South Kivu. AFEDEM organizes workshops on women’s rights, inheritance rights, and land ownership laws, while focusing on peace-building through public education, conducting research, and publishing human rights reports. They are very committed to land security issues and are interested in sharing their knowledge on land ownership laws. AFEDEM is interested in establishing relationships with mining companies so they can sell them some of their produce and crops.

AMADEC is one of 35 women’s groups living in the communities on the Tenke Fungurume Mining (TFM) concession. It was established as part of Pact’s WORTH program. The main project is corn cultivation, but they also learn about savings, literacy, and farming. TFM offers capacity building and credit for corn seed and fertilizer and the group repays the loan with some of the corn from their harvest. The women took out a loan from a bank to buy a corn mill, which they are still paying back.

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Assoc. d’Appui aux Groupements des Femmes et Familles (AGF) (aka Chicken Ladies) Location: Municipality of Mont Ngafula, outside of Kinshasa Contact: Agnes Lusamba Email: [email protected]

Banque Internationale pour l'Afrique au Congo (BIAC) Location: Kinshasa with branches throughout the DRC Contact: Kevin Falesse (located in Lubumbashi) Email: [email protected]

Recommendation from Prof. Annie Kinwa at UW, Platteville. This successful group uses a savings scheme to assist women in building chicken coops in their back yards. They buy eggs to hatch, chicken feed, and other inputs together, as well as selling their eggs together. Raising chickens ensures their children are well fed and receiving a protein-rich diet, and it is a good source of income that can be made while taking care of their other household responsibilities. They also sell the guano for fertilizer. The group would like to acquire some land so they can grow their own corn for chicken feed and to incubate the baby chicks until they are big enough to be distributed to the different homes. Currently they have 110 women as part of their association and they have about 30 chicken houses operational. This is a good group to visit when traveling to Kinshasa. They are about a 45 minute drive outside of downtown.

USAID partnered with BIAC to train loan officers and executives to better understand the agricultural sector and create credit products and procedures to fit the sector’s specific needs. The program is designed to provide loans specific to small business development, which includes agricultural development. It is also assisting with guaranteeing these loans, which are available to entrepreneurs throughout the DRC.

Website: www.biac.cd

Website: www.banro.com

Banro is a publicly traded Canadian company, with gold mining operations located in eastern DRC. It operates one open-pit mines, is building a second, and has two more under exploration. Banro Corporation established the Banro Foundation, which promotes local social and economic development, capacity-building job creation, and training for Congolese citizens, environmental protection, and workplace safety.


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Banro Corporation Location: Bukavu, South Kivu, and Maniema provinces Contact: Willy Mushagalusa Email: [email protected]


Bureau d’Etudes Scientifiques et Techniques (BEST) Location: Bukavu, South Kivu Contact: Fr. Didier de Failly Email: [email protected]

Centre de Developpement por la Femme Location: Bunkeya, 120 km northeast of Likasi Contact: Domique Munongo Inamizi Email: [email protected]

Confédération Paysanne du Congo (COPACO) Location: Kinshasa and throughout the DRC Contact: Nathanael Buka Email: [email protected]


Fr. Didier has been working and living as a Jesuit priest in eastern DRC for over 40 years. He has a great depth of knowledge of how to implement successful projects in the DRC and he has many contacts. He is currently working with others to implement an approach of tying up land with contracts and other legal instruments so another entity cannot buy/control it. He has also been giving input to the legislative process involving conflict minerals in the US and has strong opinions on what is needed to implement efficient and ethical mining practices in the DRC.

Recommendation from Aimée Mwadi Kady, National Director of SWAA-Congo. This group was not visited but a meeting took place with their director. There are 35 women involved with a rice project. The director owns the title to the land but lets the group farm it and she said she could switch the title to the group without a problem. She confirmed few women are farming by themselves and it is safer to have some men in the fields with the women.

Recommendation from Prof. Annie Kinwa. Confederation of Peasant Farmers was started in 1998 and is one of the main associations of small scale farmers. It has a bottom-up approach from villages to the provincial level, and now has members throughout the DRC. Its National Committee has 33 members (three from each province) and it has 425 farmer organizations as members which represent 292,000 families. The two main areas of focus are land tenure/agriculture reform (dealing with land security), and food processing/marketing. This is a good group to coordinate with around training and advocacy. They seem well organized and knowledgeable, and they coordinate on the provincial and national level. However, they did not seem to be very well known by any of the groups visited for this paper outside of Kinshasa (but many seemed interested in connecting with them).

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Cooperative Appui Congo

Cooperative des Artisanaux Miniers du Congo (CDMC) Location: Kalemie and Kisengo (mine), Katanga, and other mine sites Contact: Serge Mulumba Kalambay Email: [email protected]

First Step Initiative (FSI) Location: main office in Lubumbashi and supporting projects in Luambo and other villages in Katanga DRC contact: Davy Denadi Email: [email protected] US Contact: Chingwell Mutombu Email: [email protected] Website: http://www.firststepinitiative.net

Global Fund for Women (GFfW) Location: main office in San Francisco, US with partners throughout the world Contact: Muadi Mukenge Email: [email protected] Website: http://www.globalfundforwomen.org


See Jiko Mam'Afrika.

See description for CDMC’s partner, MMR mining company.

GFfW grantee. FSI was started as a micro loan organization in 2006. It has helped over 600 women in rural and slum communities to launch businesses aimed to end the cycle of economic dependency. FSI supports a project in Luambo (25 km north of Likasi, near the Tenke Fungurume Mine outside of Lubumbashi) where the group of men and women grow vegetables and run other small businesses. The men were more involved in the farming and the women were more involved in the selling of products and produce in the market. The group was interested in new land ownership models because they did not feel their land was secure and they did not want their land taken away from them for mining. FSI and its local director, Davy, are very knowledgeable of the various financial products and services.

Founded in 1987, GFfW advocates for and defends women’s human rights by making grants to support women’s groups around the world. It is part of a global women’s movement that is rooted in a commitment to justice and an appreciation of the value of women’s experience. GFfW makes over 600 grants per year to seed, strengthen, and link women’s rights groups based outside the United States. In the DRC GFfW is supporting numerous women’s groups in the areas of human rights, empowerment, and economic development.

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Initiative des Femmes pour le Développement, l’Auto-Promotion et la Paix (IFDAP) Location: outside of Uvira, South Kivu Contact: Aimee Byamungu Email: [email protected]

International National Trusts Organisation (INTO) Location: London, UK with international partners

GFfW grantee. Women’s Initiative for Development, Self-Promotion and Peace was formed in 2003 to advocate for the rights of rural women, particularly health and economic rights. Its group members are primarily single heads-ofhouseholds with histories of sexual abuse and who are engaged in farming and food production. IFDAP is working with nine groups representing approximately 1,300 women. It has been able to improve the farming techniques of its members through projects with FAO and Caritas. They have brought in rice seed from Burundi which has a much better yield. In addition to selling their harvests, they are also looking to cultivate and sell seed. Their projects were not that far from Uvira, so they are easy to visit, and they have one project in Sange, where WfWI also has a project. An international organization created to support the existence of National Trusts to conserve the environment and cultural and natural heritage sites.

Contact: Bill Turner (British Columbia, Canada) Email: [email protected] Website: http://www.internationaltrusts.org

Jiko Mam'Afrika/Cooperative Appui Congo Location: the outskirts of Lubumbashi, Katanga Contact: Mama Susan via Yona at Vinmart Email: [email protected] Telephone: +243.99.064.39.92


Recommendation from Vinmart. Jiko Mam’Afrika is a NGO run by Mama Susan. One area of activity is making cook stoves that burn more efficiently and earn income for the group. In addition, Cooperative Appui Congo has been started in the past year, which is a group of women farmers. They have 80 hectares of land with a tree and plant nursery and the women are learning how to farm. They are currently farming only a few practice hectares but eventually the rest of the land will be divided up so the women can farm their own individual plots. The co-op also has a group savings plan where each month one woman receives all the money to build a chicken coop or implement another project. Mama Susan also teaches the women their rights and encourages them to get official documents when they get married. This is an easy group to visit since it is only about nine km out of town and accessible on a paved road.

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Mining Mineral Resources (MMR) Location: Lubumbashi (HQ), Kalemie and Kisengo (mine), Katanga, and other mine sites Lubumbashi/Kalemie Contact: Shaida Abdul Karim Email: [email protected] Kisengo Contact: Shiva Burud Email: [email protected] Website: http://www.somika.com

Open Society Institute of South Africa (OSISA) Location: Kinshasa Contact: Euphrasie Amina Lutala Email: [email protected]

MMR, part of Somika, a subsidiary of privately held Vinmart Ltd., is a mining and export company managing eight mines located in the DRC. One of the main minerals it exports is coltan (tantalum). It is a semi-industrial mining company and partners with a local cooperative, CDMC, which employees approximately 6,000 diggers. It participates in several industry-led conflict-free certification schemes and projects including the ITRI Tin Supply Chain Initiative (iTSCi), Solutions for Hope, and KEMET’s Partnership for Social and Economic Sustainability. It established the Vinmart Foundation to manage all of its economic development projects at the mine sight of Kisengo, as well as in and near Lubumbashi.

This office is part of the network of regional offices supported by Open Society Foundations. There is a fairly new project being run out of Kinshasa to support women and educate them on mining operations happening in the DRC so they can engage mining companies. Their focus is on poverty, land rights, and violence against women.

Website: http://www.osisa.org

Pact Location: Washington, DC, US and Kinshasa with staff throughout the DRC Mining Contact: Yves Bawa Email: [email protected] Agriculture Contact: Mergo Mbeya Email: [email protected]

Founded in 1971, Pact is a US-based NGO with offices in more than 20 countries in Asia, Eurasia, and Africa. Impact areas include livelihoods, natural resource management, and health. Pact is the main implementing organization for iTSCi (ITRI Tin Supply Chain Initiative) to “bag and tag” conflict-free minerals. They frequently receive grants from USAID and they have worked with major corporations in-region (such as TFM) to establish small and medium enterprises and develop women-led agricultural projects through their WORTH micro savings program.

Website:

www.pactworld.org/cs/africa/democratic_ republic_of_congo


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Solidarité des Femmes Activistes pour la Défense des Droits Humains (SOFAD) Location: Uvira, South Kivu Contact: Katana Gégé Bukuru Email: [email protected]

South African Resource Watch (SARW) Location: Kinshasa, DRC and Johannesburg, South Africa Contact: Georges Bokondu Mukuli Email: [email protected] Website: http://www.sarwatch.org

Soutien aux Initiatives Promotionnelles de la Femme et de la Famille (SIPROFFA) Location: in and near Uvira, South Kivu Contact: Christine Babigizi Email: [email protected]


Founded in 2001, Women Activists in Solidarity for the Defense of Human Rights is one of GFfW’s strongest partners in the DRC. SOFAD works with the goal of promoting women’s rights, building peace, and strengthening the rule of law in South Kivu. SOFAD has established 50 peace networks throughout the region, linking over 20,000 women and youth. SOFAD also provides services to rape survivors, facilitates economic activities, promotes property rights, and advocates for changes in cultural norms and public institutions in order to advance women’s rights. SOFAD works effectively to make change happen at the local, regional, and international levels and has received numerous human rights awards as a result.

SARW is supported by and operates out of the Kinshasa, DRC office and the South African office of Open Society. In 2012, SARW published a report on the Tenke Fungurume Mine in Katanga. Its staff is now visiting communities in the area to educate people on democracy and advocacy. SARW will continue to encourage mining companies throughout the DRC and other countries to address the concerns and increase benefits of the local communities.

GFfW grantee. Support for Promotional Initiatives for Women and Family was created in 1994 to promote women’s empowerment and engagement in public life. It works to create awareness on human and women’s rights, prevent gender-based violence, and assist victims of violence. It also offers literacy classes, provides small loans and business skills for women, as well as vocational training for adolescents. SIPROFFA is working with women in Uvira with soap making and textile production, and outside of Uvira, in Luberizi and Bwegera with rice, cassava, maize, and other vegetable production. SIPROFFA starts by providing seeds and hoes to the women and then focuses on capacity building.

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Sud Ouest Développement (SOD) Location: Likasi, outside of Lubumbashi, Katanga Contact: Agnes Kilume Mpanga Email: [email protected] or

[email protected]

Tenke Fungurume Mining (TFM) Location: Kinshasa, Lumbubashi, and Tenke Fungurume, Katanga Contact in DRC: Yannik Simon Email: [email protected] Contact in the US: Shari Knoerzer Email: [email protected]

GFfW grantee. SOD was formed in 1998 to alleviate poverty among destitute women and enable them to become economically self-reliant. SOD contributes to rural women’s economic empowerment by helping them form associations to undertake business activities such as food processing and improve farming techniques. The group also offers micro credit, adult literacy classes, and human rights education. This empowered group was doing a lot of farming. There were a lot of women, and a few men, in the fields. They had a new and a rusted out tractor. A few of their staff have learned good farming practices (such as making organic fertilizer) from a Belgian man (Mr. Walter) who has been living in the DRC for many years and supplies TFM (the Freeport mine) with a lot of food.

Tenke Fungurume Mining (TFM) is co-owned by Freeport McMoRan, a publicly traded American company; Lundin Mining Corporation, a Canadian publicly traded company; and Gécamines, which is wholly owned by the Congolese Government. TFM is one of the largest copper mines in the world. It directly manages a variety of social and environmental projects and established the TFM Social Community Fund.

Website: www.fcx.com/operations/africa.htm

Trust Merchant Bank (TMB) Location: Lubumbashi with branches throughout the DRC Contact: Yannick Mbiya Ngandu Email: [email protected] Website: www.trustmerchantbank.com


USAID and TFM partnered together with TMB to train loan officers and executives to better understand the agricultural sector and create credit products and procedures to fit the sector’s specific needs. The program is designed to provide loans specific to small business development, which includes agricultural development. They are also assisting with guaranteeing these loans, which are available to entrepreneurs in the province of Katanga.

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US Agency for International Development (USAID) Location: Kinshasa (country headquarters for DRC) Mining Contact: Richard Robinson Email: [email protected] Agriculture Contact: Kristin Poore

In 2012 USAID confirmed a commitment in Eastern Congo for almost $20 million over four years. This program promotes stable socio-economic recovery by supporting conflict prevention, strengthening citizens’ participation in good governance, and increasing household revenue. In addition, USAID has a $12.5 million Responsible Minerals Trade Program and several other ongoing programs which have some support for economic development.

Email: [email protected]

Vinmart Foundation Location: Lubumbashi, Katanga Contact: Yona Sibusisiwe Email: [email protected]

Women for Women International (WfWI) Locations: Uvira and Bukavu, South Kivu, and Goma, North Kivu, and surrounding areas Contact in Bukavu: Gertrude Mudekereza (Country Manager) Email: [email protected] Contact in Uvira: Prosper Lu'undo (Income Generation Officer) Email: [email protected] Contact for Africa: Karen Sherman Email: [email protected] Website: http://www.womenforwomen.org


Vinmart was established as an independent foundation in early 2012 by Mining Mineral Resources (MMR) to manage all of their social development projects. Vinmart has a five year plan to support agricultural training, micro finance, access to credit, and equipment investment. Its main criteria to determine groups it will support include: 1) headed by women, 2) leaders are of Congolese origin, and 3) support most vulnerable populations.

WfWI has operated in DR Congo since 2004 and its programs have helped more than 58,000 women in North and South Kivu provinces during that time. Currently it is working with approximately 2,500 women in the Uvira region, 1,000 are involved with their agricultural projects. After the women go through their 12 month training program, they can decide where to focus their income generation activities, and many choose agriculture. WfWI has a few hectares as their demonstration plots as well as campuses, which are their training centers. Towards the end of their training the women learn about how cooperatives are formed and WfWI will support them if several of the women would like to set up their own cooperatives after the first level of training is completed. They are interested in collaborating with the other groups in the area and seeing where they can support one another’s projects.

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Individuals Fataki Wa Luhindi, Defi Augustin

DRC land rights expert Contact via Delia Defi [email protected]

Huart, Alain

DRC land rights expert [email protected]

Huggins, Chris

Academic and land rights expert on the Great Lakes region [email protected]

Kady, Aimée Mwadi

National Director, SWAA‐Congo [email protected]

Kinwa Muzinga, Annie

Agricultural Professor, University of Wisconsin, Platteville [email protected]

Lisoir, Hervé Project Manager, King Baudouin Foundation (Interested in community foundations in the DRC) [email protected]

Litofe, Dr. Sloj

DRC economist/political scientist [email protected]


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Mathieu, Paul DRC land rights expert [email protected]

Mugangu, Séverin


National Spokesperson, Friends of the Congo [email protected]

Murhimbo, Emmanuel Shamavu

DRC land rights expert with APRODEPED

[email protected]

Musavuli, Kambale

Mutanda, Oscar Pyng Expert on economic and social development in the DRC [email protected]

Mutima, Niamani

Executive Director, Africa Grantmakersʹ Affinity Group [email protected]

Nzakimuena, Hubert



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Parker, Dominic Assistant Professor, University of Wisconsin‐Madison [email protected]

Siac, Cecilia

Mining law lawyer with expertise on the DRC [email protected]

Ulimwengu, John

Research Fellow, International Food Policy Research Institute [email protected]

Wall, Elizabeth

Expert on foundations, Trusts, and funds supported by the mining industry [email protected]


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