On September 26, Daniel Djedi, Avocat, Counsel at DALDEWOLF, Professor at the University of Tshumbe and Lecturer at the Faculty of Law at the Université de Montréal, was invited by the Centre de droit des affaires et du commerce international to give a special lecture on environmental and social rules for subcontracting in the private sector in the Democratic Republic of Congo (DRC).
As part of this seminar, Pr. Daniel Djedi will demonstrate that the DRC is a vast country with enormous mining and natural resources that are attracting the interest of many partners. Most of the companies exploiting these resources in the DRC are subsidiaries of major international groups. Production and service activities are carried out in compliance with the environmental and social rules laid down by the companies’ home countries, as well as those drawn up by Congolese lawmakers. Indeed, in addition to ISO standards for industrial and commercial standardization, and the voluntary commitment of certain companies to respect the environment and participate in social works in order to enhance their image, public authorities require companies to comply with the environmental and social policies they have put in place.
A case in point is the Canadian Act of May 11, 2023, enacting the Combating of Forced Labour and Child Labour in the Supply Chain Act and amending the Customs Tariff. This Act combats modern-day slavery, notably by imposing reporting obligations on federal institutions involved in the production, purchase or distribution of goods, in Canada or elsewhere, and on entities involved in the manufacture, production, cultivation, extraction or processing of goods, in Canada or elsewhere, or in the importation of goods manufactured, produced, cultivated, extracted or processed outside Canada. This reinforces the protection of human rights.
The Office of the Canadian Ombudsman for Corporate Responsibility (OCRE) is responsible for investigating complaints of human rights violations committed by Canadian companies operating outside Canada in the apparel, mining or oil and gas sectors.
In the DRC, it is imperative to observe the provisions of Law n°11/009 of July 09, 2011 on the fundamental principles of environmental protection, Law n° 011/2002 of August 29, 2002 on the DRC Forestry Code and Ordinance-Law 69-041 of August 22, 1969 on nature conservation, which require both public and private players to respect the environment.
It is the Congolese environmental agency that is responsible for issuing the environmental certificate with regard to Decree n°14/019 of August 02, 2014 setting the operating rules for procedural mechanisms for environmental protection.
This context of environmental and social requirements must be known and mastered by any company under Congolese or foreign law wishing to carry out particularly subcontracting activities in the private sector in the DRC. The said activities, which are carried out under the control of the authority regulating subcontracting in the private sector (ARSP), must comply with the provisions of Law n°17/001 of February 08, 2017 laying down the rules applicable to subcontracting in the private sector and the regulations in force, on pain of various financial and administrative penalties.
This conference will provide an opportunity to discuss the concept of subcontracting under Congolese law, its legal regime and the difficulties involved in applying it to both subcontracting and principal companies.
Stéphane Rousseau, full professor and interim director of CDACI, will act as sponsor.
See you at the Faculty of Law (A-3421) or zoom in!
Meeting ID: 858 0506 2389
Secret code: 227146