This information is derived from the State Department's Office of Investment Affairs’ Investment Climate Statement. Any questions on the ICS can be directed to EB-ICS-DL@state.gov

The GDRC supports responsible business conduct (RBC) by encouraging the development and adherence to a code of ethics, and respect for the environment in which companies in the DRC operate.  Specific steps taken to encourage RBC include a 2012 roundtable between the GDRC, economic operators and the Fond Social de la Republique Democratique du Congo (FSRDC) in order to evaluate the implementation of socially responsible and environmentally sustainable investments in the DRC.

The GDRC has made clear its expectations that all the companies operating on its soil should be committed to transparency.  In addition, the GDRC, in conjunction with the Federations of Enterprises of the Congo (FEC), and civil society organizations interested in the mining sector, have recently launched the Guide on Corporate Social Responsibility (CSR Guide) for the mining sector in Katanga.  The project was financed by GiZ, the German development agency, and offers directives and guidance that propose a voluntary approach to be followed in order to achieve two objectives: (i) better enforcement of mining sector laws, and; (ii) identification of international standard practices for companies operating in DRC.

The DRC Labor Code includes provisions intended to protect employees, and there are legal provisions that require businesses to protect the environment or face prosecution, however, these are spottily enforced and not well understood.  The DRC does not possess a legal framework to protect the rights of consumers and there are no existing domestic laws intended to protect individuals from adverse business impacts in general.  Most legal issues of this nature are resolved, if at all, on a case by case basis.

Although it is not a member of the Organization for Economic Cooperation and Development (OECD), the DRC has also adopted the OECD due diligence guidelines on on responsible mineral supply chains, as defined by the United Nations Group of Experts, as well as various resolutions of the UN Security Council related to business and human rights in the Congolese mining sector.  In addition, the mandate of the UN Group of Experts on transparency in the mining industry was renewed and supported by the DRC authorities in June 2016.  The GDRC participates actively in the application of the regulations of the EITI in the extractive sector, and in 2016, EITI awarded the DRC the first Initiative Award for Transparency in Extractive Industries.  More recently, however, some analysts consider the GDRC’s commitment to the EITI to be waning. Each year the EITI DRC publishes a report on companies in the extractive industries.

There are also existing internal measures in place in the DRC requiring supply chain due diligence for companies that source minerals in DRC.  The mining code provides domestic transparency measures requiring the disclosure of payments made to governments, though they appear to be infrequently enforced. In addition, Promines, a technical parastatal body financed by the GDRC and the World Bank, aims to improve the transparency of the artisanal mining sector. Amnesty International and Pact Inc., have also published reports related to RBC in the DRC mining sector.

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