Terms of reference (TDR) for the recruitment of a consultant for research and publication on mining rights and field reality in the provinces of Haut-Katanga and Lualaba

Project: Support for small-scale mining for a supply chain
responsible for the marketing of cobalt in Upper Katanga and Lualaba

Title of consultation: Research and publication on mining rights and land reality in the provinces of Haut-Katanga and Lualaba
Type of contract: Consultation
Duration of consultation: 3 months
Recruiter: CARF
Funding: N/A

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The mining legal framework in the Democratic Republic of the Congo, governed mainly by the Mining Code and its implementing measures, devotes a set of rights and obligations to States, mining companies, artisanal operators and local communities.

However, there are still many gaps between legal norms and reality on the ground, particularly in artisanal and small-scale mining areas.

In the provinces of Haut-Katanga and Lualaba, these differences are manifested by conflicts of access to resources, a lack of knowledge of mining rights among local actors, persistent informal practices, and violations of economic, social and environmental rights of riparian communities.

In view of this, CARF wishes to document in a rigorous and contextualised way the reality of the application of mining rights, by comparing legal provisions with practices observed on the ground. The aim of this research is to produce a reference publication, accessible to public decision makers, civil society organisations, mining actors and technical partners, in order to inform debates and guide future reforms and actions.

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