ESTABLISHING JUSTICE FOR VICTIMS
MUN CONSULTING LAW FIRM SAS is a law firm and experts in several fields of law as well as in natural resources law organized under the legal form of a simplified joint stock company.
It is based in Lubumbashi, Haut-Katanga province in the Democratic Republic of Congo (DRC) and plans to open representations in Lualaba, Tanganyika, Kinshasa, Kasai, Kivu and the great eastern province. The firm focuses primarily on natural resource rights and environmental law, more specifically issues affecting the rights of communities and human rights defenders. It assists and represents communities in administrative and judicial litigation opposing them to extractive companies at the national and international levels.
The current production of many minerals used in the energy transition is more geographically concentrated than that of oil or natural gas. A handful of countries play the leading roles. The DRC produces more than 70% of the cobalt consumed in the world, China more than 60% of graphite and rare earths, Australia, more than 50% of lithium, South Africa more than 70% of platinum. This significantly increases what some major players on the global energy scene, such as the European Union, call the criticality of these minerals.
The installation of mining and even industrial oil companies on concessions near residential neighborhoods, cities or villages () almost systematically requires deforestation (elimination of flora and even fauna), while the process of extracting and/or exploiting minerals or oil involves eliminating considerable quantities of residues using toxic chemicals: these activities always result in air, soil and water pollution, which affects both the ecosystems around the site, but also agricultural or livestock production and the health of individuals.
Similarly, the extraction of minerals, which involves the construction of exploitation and transport infrastructure on the site and in the surrounding area, as well as the discharge of pollutants, has the effect of changing the courses of rivers and habitats, causing ecological disasters in various sites. It can also lead to other problems, namely attacks on life, restrictions on freedom of opinion, religion and thought, loss of livelihoods, displacement of surrounding communities, etc.
Especially since, in the face of this phenomenon, the way in which legal and institutional reforms have been implemented tends to reduce the capacity of the State, through the many services created (), to monitor compliance with existing regulations in areas that are otherwise essential to social and economic development and environmental protection. Studies conducted on the issue show that most human rights violations directly concern local communities related to environmental damage and the displacement of these communities without any compensation.
Our mandate will be to act in favor of nationals or indigenous people living in these communities bordering extractive activities who suffer enormous harm and whose rights are violated by companies and the government, by initiating procedures at all levels to ensure that justice is done to them. In most cases, it has been found that there are many reasons why victims cannot bring their disputes before the courts and tribunals both in their own country and before regional and international jurisdictions. Among these, the lack of resources to seek justice and find lawyers to assist and support them on the one hand, and on the other, resignation to the idea that justice is always rendered in favor of the strongest (companies and authorities). Very often, victims have no confidence in justice, which is considered biased and corrupt.
The expertise of the members of the MUN CONSULTING LAW FIRM SAS firm in providing services to communities impacted by the activities of extractive industries as well as human rights defenders who support them in meeting the challenges in this unexploited and abandoned area, constitutes the main purpose of its ministry.
1 In most cases, the installation of mineral processing plants is subsequent to the occupation of the populations.
2 In addition to the decentralized technical services of the Ministry of the Environment and Sustainable Development, including the Internal Control Office (environmental monitoring) and the Continuous Environmental Monitoring Office (anti-pollution brigade), as well as the Mining Environment Protection Directorate (DPEM) within the Ministry of Mines, several other public establishments have been created, such as the FNPSS and the ACE.
OUR AREAS OF INTERVENTION (SERVICES)
Discover below the different services that we offer you:
- Natural Resources Law (mining law, energy law, oil law, gas law, etc.);
- Environmental law and the right to a healthy environment;
- Human rights (communities and human rights defenders in natural resources);
- Training of community leaders and human rights defenders working in natural resources;
We provide legal services in the Democratic Republic of Congo, and in Africa and internationally.
We are bilingual (French and English) and have a good command of several Congolese languages or dialects.
We offer in-depth expertise in natural resources law to communities as well as to human rights defenders who work with these communities.
We provide legal assistance in representing impacted riparian communities before national, regional and international judicial and administrative bodies.
