Civil society assessment report on the impact of the traceability process in the Rubaya/Masisi mining area in North Kivu

In a survey conducted in March, April and May 2019, the Association for the Development of Farmer Initiatives (ASSODIP) wanted to understand the impact of the traceability process on the life of local communities, human rights, security and the dispute. This report is a summary of the information gathered during the aforementioned period. It also contains people’s views on traceability. This survey targeted the following villages: Rubaya center, Kibabi, Kalambairo, Mumba, Gahurizi, Luwowo, Rukaza, Humulus and Nyamisi.

DOWNLOAD REPORT HERE

Gender policy

GENDER POLICY

SCOPE 

This policy applies to the Bisunzu Mining Company (“SMB”) and its subsidiaries. SMB communicates this policy to its suppliers.

GOAL

At SMB we are focused on diversity. We know that consulting with, and employing, diverse people gives us access to a range of perspectives to make the best decisions about how to operate and grow our business. Our aim to build an environment where all differences are valued extends to how we work with our external stakeholders. Gaining representative viewpoints from both men and women in local communities maximises the likelihood of us having a positive sustainable impact and helps us to minimise our risk and exposure as an investor.

SMB is committed to inclusiveness and equality across all societal groups including ethnic minorities, migrants, landless people, HIV infected and all other vulnerable or marginalized groups. The practical management implications concerning inclusiveness and gender integration raised in this guide will be applicable to all these groups. Responding to the diversity of our stakeholders and integrating gender considerations into our communities work is critical. We need to ensure that the benefits of our investments in the different countries in which we operate are accessible to the full spectrum of community. This means women and men, girls and boys must benefit, in particular, the most vulnerable. We must also ensure that decisions regarding the manner and nature of our contribution to economic, social and infrastructure developments consider the desires of all groups in the local community – recognizing that there may be a large diversity of views and concerns among women and men. With its practical orientation, we hope that this guide will be a useful reference for SMB’s communities practitioners, and for educating our businesses more broadly. It is relevant for employees at various levels – from operations through to specialist areas, such as Human Resources and Procurement, to better incorporate gender considerations into their planning and programming.

DEFINITIONS 

ARTICLE 5 alinéa 2 Any natural person of Congolese nationality, except the pregnant woman, who wishes to engage in the artisanal mining of mineral substances throughout the national territory, can not do within the framework of an approved mining cooperative, according to The Provisions of the present Code and whose subordination to the holding of an operator’s card is artisanal.

POLICY

In accordance with Chapter 4 paragraph 40 of the OECD Due Diligence Guidance for Responsible Supply Chains of Minerals from Conflict-Affected and High-Risk Areas (3rd Edition): “[…] companies must respect the human rights that have marked categories or populations that deserve special attention, since they have had a negative impact on these rights. In this context, United Nations instruments have clarified the rights of indigenous peoples; persons belonging to national or ethnic, religious and linguistic minorities; women; children; disabled people; migrant workers and their families. In line with our responsibility for due diligence on the supply chain, SMB Sarl is vigilant and estimates the severity of the risk of pregnant women, as recommended by the OECD.

Consider the work between SMB Sarl and other mining partners and the National and International Civil Society (Children Voice, ASSODIP, ETN and Pact / iTSCI) since 2016 gender policy on its mineral supply chain,

Specifically:

  • Appointing a “gender champion” – a company representative charged with addressing women’s concerns
  • Ensuring that women are able to discuss their ideas, issues and needs without interference, and that these issues are addressed.
  • Training community personnel/facilitators in participatory and gender sensitive methodologies, and rights and advocacy based approaches.
  • Employing personnel of both genders at similar levels of responsibility and authority
  • Holding meetings in convenient locations at suitable times for community women (Providing transport to meetings/activities)
  • Ensuring easy, convenient access to water and sanitation in the site
  • Support the community creating its own structures and organisations, such as permanent committees, to
  • facilitate project sustainability and to institutionalize the role of women as well as men in local public life

Updated: February 2019

Management

Anti-child labour policy

ANTI CHILD LABOR POLICY

SCOPE 

This policy applies to the Bisunzu Mining Company (“SMB”) and its subsidiaries. SMB communicates this policy to its suppliers.

GOAL 

DR Congo and international organizations agree that child labor in the mining sector, including in artisanal operations, is a significant problem. The Bisunzu Mining Company (SMB Sarl) recognizes that child labor is also found in the production of tantalum, tin and tungsten in the Democratic  Republic of Congo (DRC), where SMB operates. Thus, SMB is committed to eliminating child labor cases in its operations and supply chains.

DEFINITIONS 

Ministerial order N ° 12 / CAB.MIN / TPSI / 045/08 of August 8th 2008 sets the working conditions for children. SMB adheres particularly to articles X and XIII of this order concerning the working conditions of people between the ages of 16 to 18 years old and particularly applies to the carrying of loads at a site, which are set at 15kg for boys and 10kg for girls.

SMB recognizes that the Ministerial Order number 12 / CAB.MIN / TPSI / 045/08 of August 8th 2008 stipulates that no child under 16 years of age may exercise any form of job.

SMB refrains from employing children in work that exceeds their strength, exposes them to high risks or that, by its nature or by the conditions in which it is performed, is likely to injure them ethically.

SMB undertakes, in accordance with Article XIII of the aforementioned Ministerial Decree, not to employ children under the age of 18 to:

  • Work that takes place underground, under water or in confined spaces
  • All work for driving engines, vehicles and mechanical machinery
  • Work that takes place in particularly difficult conditions; for example for long hours, or at night, or for which the child is unjustifiably detained on the premises of the employer.
  • Generally, any work prohibited because of its dangerous and unhealthy nature by the labor inspector

POLICY

In accordance with ILO Conventions 138 (Concerning the Minimum Age for Admission to Employment of 1973) and 182 (Concerning the Prohibition and Immediate Action for the Elimination of the Worst Forms of Child Labor) 1999), the OECD Due Diligence Guidance for Responsible Supply Chains of Minerals from Conflict-Affected and High-Risk Areas (3rd Edition), the “OECD Practical Actions for Companies to Identify and Address;” Worst Forms of Child Labor in Mineral Supply Chains, ” Law No. 015/2002 of 16 October 2002 on the Labor Code of the DRC and its Law No. 16/010 of 15 July 2016 amending and supplementing Law No. 015- 2002 on the Labor Code and the Ministerial Order N ° 12 / CAB.MIN / TPSI / 045/08 of 08 August 2008 setting the working conditions of children: SMB Sarl confirms its long-term commitment to not tolerate and to work on eliminating child labor in its operations and its supply chains.

In line with our responsibility for due diligence on the supply chain, SMB Sarl is vigilant and estimates the severity of the risk of child labor, as recommended by the OECD.

Consider the work between SMB Sarl and other mining partners and the National and International Civil Society (Children Voice, ASSODIP, ETN and Pact / iTSCI) since 2016 on child labor on its mineral supply chain,

Specifically:

  • SMB Sarl is working with the government and other organizations to end child labor
  • SMB Sarl educates its staff and partners on child labor laws and explains how to report child labor cases if they witness or suspect it
  • SMB Sarl keeps and validates all age verification documentation for our employees as a result of their employment. If we discover that we have hired a minor under the age of 18, we check the applicable laws and adjust the hours and nature of work accordingly
  • SMB Sarl communicates its child labor policy to other organizations to which it is connected and ensures that its contracts contain appropriate clauses
  • SMB Sarl conducts due diligence on its Leading Suppliers in accordance with the OECD Guide, with a focus on child labor risks
  • SMB requests and monitors plans to eliminate child labor in cases where providers have discovered child labor instances
  • SMB Sarl consults experts on topics such as child labor
  • SMB Sarl regularly conducts workshops on the phenomenon of work, either alone or in conjunction with other actors in evaluation runs. Reports with recommendations are drafted for this purpose. These recommendations constitute updates to this policy. 

Updated: February 2019

Management