Harper’s visit to the DRC – A chance (foregone)?

Today, Canadian Prime Minister Stephen Harper will be in Kinshasa,  the capitol of the Democratic Republic of Congo (DRC), for meeting of the International Organization of La Francophonie.

Harper’s visit to the DRC has been marked with controversy, given the DRC’s troubling human rights situation, and Canada’s recent silence on this point.

Harper, for his part, has committed to meeting with civil society and opposition leaders to “send a signal” to Congolese President Joseph Kabila that Canada is paying close attention to the situation of human rights and democracy in the region. The Prime Minister’s argues that through engaging and not isolating the DRC, he is seeking to promote the Francophonie values of freedom, human rights, brotherhood, and equality.

Although we applaud the Prime Minister’s efforts to deal with the DRC and we are delighted to see the DRC receiving some much attention, we believe these claims needs some critical analysis and contextualizing.

Trade – Mining Investments

Jamie Kneen of Mining Watch Canada points out that Canada’s Corporate Social Responsibility policy is named “Building the Canadian Advantage.” While interstate cooperation is often (if not always) driven by national interest, the name of this project suggests little hope for mutual benefit. As we have blogged about before, CSR is more about promoting a positive brand for the Canadian extractive sector, than about actually engaging in more ethical and sustainable practices.

As ACAC has written in our 2009 report, Canada is, after South Africa, the largest mining investor in the Congo. Although the armed conflict in the East of the country is a political and social conflict, mining resources have been used to fund armed groups and as documented in the same ACAC report, the UN has alleged that Canadian mining companies have been implicated in turning a blind eye to human rights abuses on more than one occasion.

Development

Canada’s new Minister for International Co-Operation, who is also the head of the Canadian International Development Agency (CIDA), Mr. Julian Fantino, will be joining the Prime Minister’s delegation to the summit.

Despite Canada’s commitment to promoting development in the DRC mentioned on the eve of Harper’s visit, that Canada extracts a sizable amount of the Congo’s natural resource wealth, and that the DRC is among the poorest and least-developed countries in the world, the DRC actually did not make it onto CIDA’s (Canadian International Development Agency) list of 20 ‘focus’ countries, which receive 80% of Canada’s bilateral aid.

However, to his credit, the Prime Minister did today emphasize CIDA’s support for The Fight Against Impunity and Support to Survivors of Sexual Violence Project. Whether this is a new project or a continuation of CIDA’s contribution to UN funds is unclear.

Security

When asked to provide military assistance in 2010 through mhelicopters for the UN Stabilizing Force in the DRC (MONUSCO), the Harper government declined the request as the Canadian military was, according to the Canadian government, completely committed to the conflict in Afghanistan.

Comparison’s to Sri Lanka and Language Politics

Prime Minister Harper already announced his plans to boycott the Commonwealth Summit 2013 in Sri Lanka, because of human rights issues. Many identify that as a contradiction in Harper’s policies, since he is meeting with Kabila despite similar concerns in the Congo. It might not be that much of a contradiction in the end: after all DRC has mining resources and Sri Lanka does not.

Another point to consider is the recent victory of Quebec nationalists/le Parti Quebecois in the Quebec provincial elections. In terms of language politics, Prime Minister Harper must counter the presence of Quebec’s Pauline Marois (who gets her own seat at the summit as a representative of Quebec) and show that Canada is still very much committed to it’s Francophone heritage, and promoting it internationally. Again, Canada’s involvement in the summit have here more to do with internal Canadian political conflicts than the building of a mutually positive relationship between the Canada and the DRC.

Democracy and the current human rights situation

This year’s election in the DRC have been controversial, to put it politely. Many critics say that Harper’s meeting with President Kabila signals that Canada considers the government legitimate now. However, Harper is also planning to meet with opposition leaders.

Other approaches and a failed opportunity

Pauline Marois, the Premier of Quebec who will also be attending the Summit, has refused to meet face-to-face with President Kabila in protest of his policies towards human rights in the DRC. Although the merits of isolation versus engagement is a separate debate, it is clear that certain leaders are taking a much less lenient and more vocal stance towards Kabila than Harper is.

French President Francois Hollande, for example, will be using this summit as a launching pad for a new relationship between France and Africa, and has been extremely vocal about not only the lack of democracy in the country after the troubled 2011 elections, but also he has openly condemned Rwanda for supporting a new Congolese rebel group that formed last spring, M23.

When Western political leaders go to African countries and speak about the importance of human rights and democratic principles, one has to keep the national interests of that country in mind. As we see it, Canada could benefit from this meeting in two ways. First, Harper tried to reaffirm Francophone relations. Second, Canada wants to secure its place as an investor in the mining sector of the DRC – a country where Chinese investment rapidly changes the market. The remaining question is how exactly is the DRC benefitting? It is interesting to note that in the DRC, where Canada has mining investments, Canada chooses to “engage in dialogue”, whereas in Sri Lanka, where the economic stakes are less, we then isolate.

On CSR, CIDA and Banro – Stories of conflicting interests?

The common narrative about mining companies is that they seek profits at all costs, often at the expense and exploitation of locals. Corporate Social Responsibility is meant to challenge this. The goal is to have responsible mining projects that support and empower the local community. Basically, companies that practice CSR supposedly try to have a positive rather than a negative impact by following certain ethical standards.

Not surprisingly, the authenticity of CSR and the ability of mining companies to be truly responsible is the subject of much debate. Let’s see if this idea is worth its weight in gold, or if it loses its shimmer when looked at closely.

There are two Canadian updates related to this topic. First, the Canadian Banro Corporation is starting its gold mining activity in the South Kivu province in the Democratic Republic of the Congo with rigorous CSR objectives realized by the specially established Congolese charity Banro Foundation. Second, the Canadian International Development Agency (CIDA) is now providing money to Canadian mining companies (Rio Tinto Alcan, Barrick Gold and Iamgold) to create CSR projects in collaboration with aid agencies, as Elizabeth Payne recently reported in the Ottawa Citizen.

NGOs are often criticized for working inefficiently and having to prioritize funding pursuits over their own projects. As Elizabeth Payne explains many development projects and aid initiatives have been cancelled because CIDA did not release who would be funded until three months after the deadline for accepting grant proposals. Companies usually have more financial security and thus the CSR projects (that are often led together with aid agencies) might be able to provide for more long-term investments.

The counter-arguments are numerous. It is said that the profit-oriented nature of corporations is in conflict with the aims of helping to develop a community. According to this view, it would be profitable for companies to operate in less developed areas, since there they could pay low wages. Engaging in costly development initiatives would thus be contrary to their needs. Furthermore, many argue that companies do not really care about their contribution to the environment or community; they engage in CSR practices simply to boost their reputation. After all, almost all mining companies in some way or another employ the tenants of CSR, yet they are continually seen as far from socially responsible.

With those arguments in mind, ACAC contacted Banro and inquired about their CSR project. We were provided with Sustainability Reports and had a chance to have an interview with one of their representatives. We were surprised, because two of the three ACAC principles were embedded in their strategy: Invest Locally, Promote Transparency. Banro reports that around $2.5 million have been invested in education, health care and infrastructure with the consultation of the local community (including information about the consultation process), even before the start of mining. More delicate matters, such as the resettlement of 463 homes, were also addressed, also in rather positive terms. To make a more informed judgment on the resettlement issue, it would be crucial to hear the voices of the affected locals and find out about the details of this process. Usually such processes cause much difficulty, though possible, it is unlikely that this resettlement occurred without damage on local structures.

Information in such reports specifically focuses on the positive and omits as far as possible the negative. After all, this is part of a company’s PR strategy. Therefore such reports have to be read with a grain of salt. Maybe it is true what most critics say, that CSR is implemented just for the creation of a positive reputation of the corporations. On the other hand, if companies are able to actually provide sustainable and well-managed contributions, one has to give them credit for that too. In the end, it all comes down to transparency. It is good if CSR can make positive contributions, but it should not turn into a mechanism of whitewashing a bad reputation and covering up the negative impact of a corporation’s presence on the local community or environment (note: this does not specifically refer to Banro). It is important that civil society keeps holding those companies accountable and is not simply convinced of the company’s positive intentions by seeing a certain amount of money invested in “good causes.” Ethical consumers and activists and the pressure they put on the mining industry have contributed to CSR becoming so wide-spread. Now, it is time to keep eyes and ears open to make sure that companies do what they say. This is easier said than done, because often one does not hear the voices of local communities loud enough. And most of us can’t go there and talk to someone.

It is important to hold each company individually accountable. This will increase pressure on them to do what they claim to do, but it will also bring the common narrative of all mining companies being the antagonists in question. Indeed, not all that glitters is gold. But some of it is, and some joint projects of NGOs and mining corporations might overall be very successful, for the all the parties involved. In order to find the real gold, one simply has to seek well enough, because for sure it is somewhere out there.

CIDA’s approach of financing CSR projects of big mining companies is probably not the right step. There are many NGO development projects that urgently need funding. Also, considering the profit many companies make off of their activities abroad, they should cover their own bills. Taxpayers’ money should not be used to subsidize mining companies CSR initiatives – if they are truly committed to the cause, they should foot the bill themselves.

Corporations need to be held accountable. The point of CSR should not be to mitigate negative impacts, but to minimize them in the first place. What remains to be seen is whether or not this is possible in when the game is resource extraction and the place is a conflict zone.

Hot Topics

Mugesera deported after 17 years, questions loom over justice system in Rwanda

According to various media reports, Léon Mugesera, a Rwandan national who lived in Canada for 17 years, was deported back to Rwanda on January 23.  He had avoided deportation for so long on the basis that Canada and other developed nations refuse to deport those who are likely to be tortured and murdered in their home countries.

In 1992, Mugesera is reported to have given a speech that incited Hutus to commit violence against Tutsis.  The Rwandan genocide, in which 800,00 Tutsis and moderate Hutus were massacred, of course followed in 1994.  In the meantime, the Rwandan government issued a warrant for Mugesera’s arrest, and he fled to Canada in 1993.

As Les Perreaux reports for the Globe and Mail, “[n]ow Rwandan justice will be tested by one of the highest-profile genocide suspects to arrive from a Western country.”

While it is believed he will avoid torture and the death penalty, the question as to whether he will receive a fair trial is still up in the air: “Human Rights Watch and Amnesty International maintain torture is no longer a major problem in Rwanda, but both question whether country can stage a fair trial. Alex Neve of Amnesty International Canada says the federal government should have set an example by allowing the UN process to unfold” (Perreaux, for the Globe and Mail).

Interestingly, in its editorial on the issue, the Globe and Mail described Rwanda as having “grown up,” (a comment on its abolishment of the death penalty, and perhaps its new commitment to a fair justice system?).

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Violence and mining companies – Reducing accountability to your office address?

A recent development in a Canadian class action suit against Anvil Mining Ltd. reveals the challenge of pursuing justice against international mining corporations.  Questions of accountability are proving murky when a corporation has offices in multiple countries, and is headquartered outside of a country where a case has been brought to court.

An All Africa article provides the details of the case:   “Anvil Mining, a Canadian corporation, is accused of providing logistical support to the Congolese army who raped, murdered and brutalised the people of Kilwa in the DRC. According to the United Nations, an estimated 100 civilians died as a direct result of the military action, including some who were executed and thrown in mass graves.”

The Quebec Court of Appeal recently overturned the decision of the Quebec Superior Court, who apparently saw fault on the part of Anvil’s Montreal office in a case of the Kilwa massacre in 2004.  The action was launched by the Canadian Association Against Impunity (CAAI), which has said it hopes to have its case against Anvil Mining Ltd. heard by the Supreme Court of Canada.

As All Africa explains: “In the ruling last week, Justices Forget, Wagner and Giroux of the Quebec Court of Appeal, stated that there was insufficient connections to Quebec because Anvil Mining’s Montreal office was not involved in decisions leading to its alleged role in the massacre. They also stated that they believe the victims could have sought justice in the DRC or Australia, where Anvil Mining had its head office.”

The decision has also been described in another All Africa report as a “win” for Anvil.

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MiningWatch Canada weighs in on new CIDA projects

Last month the Canadian International Development Agency, or CIDA, announced it would fund three foreign aid pilot projects in Africa and South America, to be carried out as partnerships between Canadian NGOs and large mining corporations.  The NGOs include Plan Canada, World University Service of Canada, and World Vision Canada, who will be partnering with IAMGOLD, Rio Tinto Alcan, and Barrick Gold, respectively.

Catherine Coumans of MiningWatch Canada had this to say:

“Subsidizing the CSR projects of well-endowed multinationals is an irresponsible use of public funds by CIDA, particularly as these CSR projects mask rather than address the serious local- and national-level development deficits caused by mining.

… Mining companies’ branding of themselves as bringers of development needs to be critically examined against the burgeoning ‘resource curse’ literature that links mining to deepening national impoverishment in mining-dependent developing countries (through loss of competitiveness, loss of development of other economic sectors, and unequal distribution of benefits associated with mineral wealth, for instance) and against the growing global local-level opposition to mining.”