The Congolese government has instructed all mining companies operating in the Democratic Republic of Congo (DRC) to provide evidence of financial guarantees for environmental rehabilitation by Feb. 16, 2026.

The directive was set out in a Ministry of Mines letter dated Jan. 30 and applies to all active mining and quarrying projects licensed up to Dec. 31, 2025.

The ministry said affected companies must submit approved environmental management plans and documents confirming that the required financial guarantees have been put in place, in line with the Mining Code and its implementing regulations.

Under Congolese law, holders of mining or quarrying rights must establish a financial guarantee before operations begin. The security is intended to cover the costs of site rehabilitation and closure and is calculated based on the project’s environmental management plan as approved by authorities.

The guarantee must remain available for the state to draw on if an operator fails to meet its obligations.

Mining legislation allows the security to take the form of a bank guarantee, cash deposit, insurance policy or any other mechanism considered equivalent and accepted by regulators. It must be maintained throughout the life of the project and revised as work progresses and environmental impacts evolve.

Low compliance reported

The ministry’s move follows reports of weak compliance noted by government officials and development partners. During a workshop held in July 2025 in Lubumbashi on financial guarantees for environmental rehabilitation, participants highlighted a wide gap between legal requirements and their enforcement by operators.

Of 93 mining companies reviewed, only 10 had provided information on the establishment of such guarantees, pointing to limited compliance with a requirement central to the country’s environmental protection framework.

The Lubumbashi discussions also warned that the absence of effective financial guarantees leaves the environment and local communities exposed to long-term risks.

Jennyfer Imperator, deputy head of mission at the Netherlands embassy, who attended the workshop, said such guarantees ensure damage can still be repaired after operators leave, offering affected communities a safeguard.

Environmental rehabilitation is part of a broader pattern of shortcomings in mining companies’ social and financial obligations.

A report by the Court of Auditors published in June 2025 found that between 2018 and 2023, local communities missed out on nearly $198 million because of non-payment, partial payment or under-reporting of the mandatory minimum contribution of 0.3% of turnover intended to fund community projects.

The companies cited included Kamoa Copper (Ivanhoe Mines and Zijin Mining), Kamoto Copper Company (Glencore), Sicomines (Crec-Sinohydro-Zhejiang), and Tenke Fungurume Mining (CMOC). The Court of Auditors recommended corrective measures and sanctions that could include the suspension of operations, and noted a lack of effective action by oversight bodies during the period under review.

Boaz Kabeya