Conflict-free” governance of mineral extraction—is it compatible with the regulatory pluralism in DR Congo?

Abstract

This paper explores the relation between transnational governance initiatives for “conflict-free” certification in the eastern provinces of the Democratic Republic of the Congo and the regulatory pluralism one finds on the ground. The author scrutinizes efforts in certifying artisanal gold mining in the DRC’s South Kivu province by analyzing how three different gold mining sites are governed. The “conflict-free” initiative is faced with a mostly ‘informal’ artisanal mining sector, as it is usually referred to. The author introduces the idea of a mode of governing that follows the principle of “débrouillardise”, which combines different rule systems and state and non-state regulators. As some state institutions partly register and tax miners and traders, and collaborate with customary authorities, and sometimes military units, this can be considered a de facto formalization. The paper argues that “conflict-free” governance will need to improvise via ad hoc agreements on the legal status of mining sites between state authorities, economic actors and international monitors. The declaration as legal will provide for a semblance of a “conflict-free” status and of a unitary state system of rule, while in practice, the plurality of regulatory authority will not be reversed.