3. Results
3.1. The Stakeholders Involved
Mining in general involves three main categories of stakeholders, who sometimes have divergent and complex interests. These are the State, local communities and mining companies and their international subsidiaries.
3.1.1. State Actors
The State is the one that authorizes mining companies to exploit the mineral resources of its subsoil, in return for a share of the wealth created at its two main levels of central government and the provinces. The State acts through three main bodies: the legislature, the judiciary and the executive.
The State is made up of the national departments of each ministry (Mines and Hydrocarbons, Environment, Justice, Human Rights, etc.). It is responsible for ensuring a national role of conception, leadership, orientation and control. In particular, it is responsible for promoting the well-being of the population and ensuring that natural resource wealth benefits the entire Congolese population in general, and those of Lualaba province in particular, in an equitable manner.
As part of its control mission, the State ensures that the law is applied by companies and all government entities. This involves setting up monitoring mechanisms that are agreed with stakeholders.
The provinces and the Decentralised Territorial Entities (DTE) are both legal entities and administrations, representing the ministerial departments installed at central level. Decentralised Territorial Entities (DTE) are towns, communes, sectors and chiefdoms.
3.1.2. Local Communities
Local communities living on and around the territories hosting mining resources, accompanied by civil society players, the media and other social and religious stakeholders.
Positive Congolese law defines local communities as ‘’populations traditionally organized on the basis of custom and united by ties of clan or kinship solidarity that underpin their internal cohesion. It is also characterized by its attachment to a specific terroir".
According to the draft international standard Initiative for Responsible Mining (IRMA), local communities affected by an industrial mine are:
“Communities of any size that are on or adjacent to the mining project area, and also those that are sufficiently close that their economies, rights or environments are significantly affected by the management activities or biographical aspects of the mining project”.
Access to land is a key issue for industrial mines. At the same time, access to and use of land are survival issues for the majority of populations living in the vicinity of mining sites. Land-related damage in the context of mining is numerous, but as far as our work is concerned, we have obtained the following, when mining companies use explosives to destroy underground rocks.
According to article 3 of the Mining Code, land rights do not give rise to mining rights. More specifically, it states that the land concessionaire cannot use his title to claim any ownership rights over mineral deposits, including underground water.
3.1.3. Mining Companies
The issue of forced displacement of local communities during the development of projects for investment or other reasons has preoccupied several international and regional institutions. These are the holders of mining permits, which allow them to extract and trade the minerals authorized by Congolese legislation.
3.2. Practices Surrounding the Relocation of Local Communities by Local Mining Companies in Kolwezi (D.R. Congo)
To better understand the practices surrounding relocation, we have taken care to categorize the types of relocation based on the discourses of our respondents, cross-referenced with observations, thanks to thematic analysis. What we need to understand is that, in our research context, relocation is any situation of physical or economic displacement as a result of project activities that entails land acquisition or restrictions on land use.
We have categorized two types of relocation: voluntary and involuntary.
3.2.1. Voluntary Relocation
Voluntary relocation consists in the unconditional acceptance of a category of inhabitants who have accepted the relocation agreements and the amount they are to receive as compensation.
In view of the above, we have detected three practices in this involuntary relocation: acceptance of the agreements, willingness to carry out the agreements and fear of being exposed to projectiles.
(i). Acceptance of Agreements
After discussion and compromise on how the compensation is to be handled, some residents have decided to accept the agreements so that they can seek shelter elsewhere without causing problems. This acceptance is based on the principle of amicable agreement between the parties involved. This is justified by the fact that this category of local residents understands the procedure and is satisfied with the amount the company has offered them.
This amount varies from thirty thousand dollars to one hundred and twenty thousand US dollars.
Mr. Yav, one of those compensated, told us:
“Our country is in a bad way, and they were the first to come to us to negotiate, so we agreed to talk to them. We have to take advantage of this money and invest elsewhere, lest tomorrow or the day after they change their position and the amount”.
From our respondent's discourse, we understand that the meeting of two actors (local residents and representatives of the joint commission) illustrates the creation of an immediate reality that sparks acceptance to such an extent that it becomes a condition for one of the parties able to grant them a certain advantage and for the other also an advantage.
Shows that immediate reality is created here and now, based on the values he possesses
[6] | Le Breton, David. (2004). L'interactionnisme symbolique. Quadrige manuels, Paris, PUF. |
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(ii). Willingness to Carry out Agreements
Willingness to carry out agreements is a logical consequence of accepting them, as communities who agree to move elsewhere show a willingness to carry out these agreements to avoid conflict with the law and the mining companies.
In the words of Dada, a respondent she met on a terrace in the Gécamines City:
“We agreed to pay the money and leave the area, so why are we going to stay any longer? We don't want to be unpleasantly surprised by the police and public prosecutors. We don't want to be humiliated by these strange Chinese. We've already found a place to build and we'll be leaving by then”.
Points out that considerations of the importance or role of the actor are always at the heart of reflections and debates. But the status attributed to their points of view varies from one approach to another
[7] | Mucchielli, A. (2004). Dictionnaire des méthodes qualitatives en sciences humaines. Paris: Armand Collin. |
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(iii). Fear of Exposure to Projectiles
The houses and buildings in the Gécamines district are located on a subsoil that is being mined by the Commus company. The fact that industrial mining activities are taking place underground justifies the cracks in almost all the buildings in the area, and when certain underground rocks are blown up, the detonations directly affect and disturb the peace of mind of the inhabitants. Hence the fear of earthquakes, which is a daily occurrence, and the risk of injury from projectiles fired from furniture in house compartments. Faced with this constant danger, some residents decide to leave the area to save their lives.
Madame Ellen explained:
"Baba tunatshoka na tupata, kilashiku busubuyi, magaribi surtout bushiku a tulale. Commus ana tu teswa. Ba kianze tupata mansani iko nanguka, bi bambashi miko na nguka; atupende kufa. Tuna jugé bon kwanda“
One of these sons adds:
“This situation scares us, and it's too risky and traumatic with the explosives. They surprise us especially at night, and there's no way we can sleep because we don't have a safe place to shelter from any projectile that might come from anywhere in the house.”
The perception of reality is experienced according to the actors and the way they conceive it. In this respect, points out that considerations of the importance or role of the actor are always at the heart of reflections and debates. The actor remains at the heart of knowledge production, and has always remained both the starting point and the essential referent of knowledge. His importance stems first and foremost from the fact that he is a being who knows, experiences and acts
[7] | Mucchielli, A. (2004). Dictionnaire des méthodes qualitatives en sciences humaines. Paris: Armand Collin. |
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3.2.2. Involuntary Relocation
Relocation is said to be involuntary when the people affected have no right to refuse the acquisition or restrictions on land use that involve physical or economic displacement. This arises from legal expropriation or temporary or permanent restrictions on the use of land and settlements, negotiations in which the buyer may resort to expropriation or impose legal restrictions on land use, if negotiations with the seller fail.
Whether the relocation is voluntary or involuntary, the law provides for compensation of displaced populations, which means that mining companies must compensate or reimburse affected people for what has been lost (their economic, physical, temporary or permanent displacement). This means replacing lost assets or access to resources; restoring and improving means of subsistence. Compensation can be in kind or in cash. During our fieldwork, we were able to identify practices linked to the relocation of local communities by mining companies in Kolwezi. We were able to observe practices on both sides, i.e. those observed by the companies, representatives of the public authorities and local communities.
(i). The Overbidding of the Price of Relocation
The overbidding of the price of relocation in the process of evaluating and estimating the real estate value of houses targeted for demolition. Some residents feel they have been short-changed, so they are taking steps to restore the value of their homes by adding more rooms, a septic tank, enlarging the building or building a fence. This will add even more monetary value to the amount to be collected, as it will be on the rise.
A retired GCM teacher told us:
“Some of the parents of my former pupils collected a lot of money during the relocation because they had built up their houses with fences, septic tanks and had fruit trees in their plots. How am I different from them? This wealth belongs to all of us and I must take advantage of it. I'm in the process of installing my septic tank and demolishing the left wing of my house to enlarge the space by adding more bedrooms. That way, I'll have plenty of money too’’.
Justifies this by the fact that man situates what he is confronted with in relation to his experiences and the way he interprets them, in relation to the other constituent elements of the world around him, and reacts according to a strategy or, more precisely, a more or less explicit project that drives him (...)
[4] | Debuyst, C. (1990). ‘Presentation and justification of the theme’. Digneffe (ed.), Acteur social et délinquance. Hommage à Christian Debuyst, Bruxelles, Pierre Mardaga, pp. 21-33. |
[4]
. Under the term “social actor”, the subject is not an abstraction, insofar as he carries his own point of view, which depends on the position he occupies in the social framework, the history he has lived through, and the projects around which his activity is organized (...). Finally.
It is in the context of society or interrelationships that man is called upon to be an actor, i.e., to “act” or intervene, "that he finds himself confronted with rules, i.e., with a language in which it is important to express oneself, confronted also with the fact of being constantly caught up in the game of power and of experiencing, in his relations with others within or beyond these games, processes of recognition or non-recognition which seem essential in the elaboration of his own identity (...).
(ii). Pressure from the Mining Industry
After concluding agreements on compensation with the local communities, in this case the inhabitants of the Gécamines housing estate and the Musonoie district, the mining companies use intimidation and threats through the institutions of social control to precipitate and activate the relocation process before the deadline agreed by the stakeholders in the agreements.
This puts the inhabitants of these two districts in the embarrassment and uncertainty of rushing their departure without having completed the move by taking the construction materials from their buildings (salvaged materials).
Mr. Kalenga's collection explains the reality better:
“Ba chinois, bari tu itshikiya asema tu bebe temps yetu yote mu ku bomona ma nyumba yetu naku beba bintu byetu mais tuna changa bana tu tumiya bantu yabo ku twelezeya bata tuma mazembe kuya ku bomona ma nyumba yote, na kama tuna katala bata tuma ba soda kuya kutu tosha”.
We translate into French to say:
“The Chinese have accepted that we take our time demolishing our houses so that we can recover our building materials, but to our astonishment they've sent us their delegate to warn us to leave before they send their machines and if we object; they'll send the police to make us leave by force”.
Our respondent's discourse perfectly illustrates the form of pressure coming from the mining actor who uses his position of strength, in a situation of interaction opposing the two categories of actor, we quickly perceive the reality around relocation through this practice which is mobilized by the mining actor. Argues, the social actor is not an active being; he acts according to his social position and his projects
[4] | Debuyst, C. (1990). ‘Presentation and justification of the theme’. Digneffe (ed.), Acteur social et délinquance. Hommage à Christian Debuyst, Bruxelles, Pierre Mardaga, pp. 21-33. |
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(iii). Minimizing the Compensation Price
This idea of making the bidding more fluctuating comes from the agents assigned by the mining companies to the valuation commission, who clandestinely come to see the inhabitants committed to relocation, opening up their memories in this way:
“Your neighbors are doing everything to get a lot of money and you're sleeping, fungula macho... you'll see clearly and we can help you”.
Through this discourse, some inhabitants have gone into debt to improve their buildings in order to collect more money than expected. Argues that it is imperative to consider actors' points of view, for it is through the meaning they assign to the objects, situations and symbols that surround them that actors construct their social world
[3] | Coulon, A. (2002). L'ethnométhodologie (6è édition). Paris: PUF. |
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. The author states that, in addition to the creative role played by actors in their lived experience, attention is paid to detail, so that on the one hand, social reality is constructed, and on the other, the significance of social objects derives from the meaning that actors confer on them in the course of interactions.
(iv). Forced Evictions
Points out that mining companies are likely to displace people from their sites, deprive thousands of miners of their main source of income, resort to precarious forms of employment or cause ecological damage
[2] | Benjamin Rubbers (2007), ‘Retour sur le secteur informel: l'économie du Katanga (Congo-Zaïre) face à la falsification de la loi’, in Sociologie du travail, vol. 43, no 3. |
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. On several occasions, their establishment has given rise, for various reasons, to actions and protests which some companies have not hesitated to repress violently with the support of police forces.
These practices refer to acts which result in the forced or involuntary displacement of those affected, without providing them with an appropriate form of legal or other protection, or allowing them access to such protection. A case in point, in the Gécamines district.
Mr Jean-Pierre du Bois told us how it happened:
“The negotiation went well and they gave me a six-month deadline, they asked me if I wanted to take the materials I found usable and leave with... but to our great surprise, after three months, they came to tell us that we had to leave as soon as possible, otherwise the police would come and force us to leave. After a week, a jeep full of police and public prosecutors came to force us out of our house”.
In the words of this respondent, some people are not compensated for the real value of their house and the vegetation found there, there is no agreement with the people affected and involved on dispossession, and they are forced to leave their property (houses) by force or threat. This is how explain the idea that crime has an economic utility for the perpetrator
[1] | Alain Bauer and Christophe Soullez (2012), La criminologie pour les nuls, Paris, Édition First. |
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, and how Gary S. Becker defended this thesis in his article: “crime and punishmad ou economic approach
. For economists, the criminal is a rational being like any other.
If he decides to commit a criminal act, it's because of the utility he expects from the result. The criminal does so not because of his personality or external factors, but because he finds a higher interest in achieving his objectives by using illegal means than if he had to devote his resources and skills to doing so.