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US-DRC Strategic Partnership Agreement Faces Constitutional Challenge in Court

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Top photo: President Donald Trump participates in a trilateral signing ceremony of a peace and economic agreement with President Paul Kagame of the Republic of Rwanda and President Felix Tshisekedi of the Democratic Republic of the Congo, Thursday, December 4, 2025, at the United States Peace Institute in Washington, D.C. (Official White House Photo by Daniel Torok)

  • In a landmark legal action, Congolese lawyers and human rights defenders have filed a constitutional challenge against the US-DRC Strategic Partnership Agreement, signed on December 4, 2025, in Washington, DC.
  • A recent report from the Oakland Institute exposed how the US-brokered “peace” deal between Rwanda and the Democratic Republic of the Congo (DRC) is the latest US maneuver to control Congolese critical minerals.
  • While US mining firms secure privileged access to vast reserves of copper, cobalt, lithium, and tantalum, promises of peace and security remain hollow as Rwanda and its proxy M23 armed group continue to occupy large swaths of mineral-rich territory in eastern DRC.

Oakland, CA – In a landmark legal action in January 2026, Congolese lawyers and human rights defenders filed a constitutional challenge against the US-DRC Strategic Partnership Agreement, signed on December 4, 2025, in Washington, DC.

Signed alongside the US-brokered “peace deal” between Rwanda and the DRC – known as the Washington Accord – the agreement grants the United States preferential access to Congolese mineral reserves and requires the DRC to amend its national laws and potentially its Constitution. The agreement further establishes a joint governance mechanism that gives Washington a direct role in overseeing the management of Congo’s mining sector.

The lawyers argue that the agreement violates the Congolese Constitution, which requires that any amendment to national laws and/or the Constitution be subject to democratic review and approval by Parliament or by popular referendum.  In particular, the agreement contravenes Article 214 of the DRC’s Constitution, which governs the ratification of international agreements that alter domestic law. The petition also contends that the agreement violates Articles 9 and 217, which enshrine national sovereignty over natural resources, as well as Article 12, which guarantees equality before the law.

“By filing this case with the Constitutional Court, we are assuming our responsibility as Congolese citizens to protect the sovereignty of our country and safeguard our patrimony for future generations,” said Attorney Jean-Marie Kalonji, one of the plaintiffs.

In October 2025, the Oakland Institute released Shafted: The Scramble for Critical Minerals in the DRC, warning that US diplomatic initiatives, including the Rwanda-DRC peace deal — were being used to advance mineral extraction interests under the guise of bringing peace to the region.

“The Partnership Agreement makes it clear that these concerns were legitimate. The Congolese people have been sidelined, with an agreement focused on extraction and exploitation and a peace deal that shockingly overlooks the need for justice and for holding perpetrators accountable,” said Anuradha Mittal, Executive Director of the Oakland Institute. “While the US mining firms secure privileged access to Congo’s vast reserves of critical minerals, promises of peace and security remain hollow with Rwanda and M23 still occupying large swaths of land in mineral-rich eastern DRC,” Mittal continued.

In mid-January 2026, the DRC government took a major step towards implementing the agreement by providing Washington with a shortlist of state-owned assets — including manganese, copper, cobalt, gold and lithium projects – marked for potential US investment.

The lawyers and human rights defenders behind this case are calling for a nationwide mobilization to defend Congolese sovereignty and are urging the international community to support their legal action and uphold international law at a time when it faces an unprecedented threat.

“The Oakland Institute will continue to stand by its partners to support this mobilization and promote a Congolese-led path for peace, justice, and prosperity for the DRC instead of Trump’s hyperbole of peace and security accomplished through its mineral deal,” concluded Mittal.

Source: oaklandinstitute.org

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The Great “Green” Heist: When Artificial Intelligence and Arms Dealers Seize the Minerals of the South

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By Franck Zongwe Lukama, Congolese journalist and researcher, leads the independent media KilaloPress in DRC.

We were sold a simple equation: to save the planet, we must dig. Dig faster, deeper, extracting from the earth the cobalt, lithium, or copper needed for solar panels and electric vehicles. Yet, this climate rescue rhetoric conceals a staggering statistical deception. Today, 70% of global demand for critical minerals does absolutely nothing to support the energy transition. These resources end up in aerospace, communication technologies, and, above all, weaponry. Sectors that, ironically, exacerbate the global ecological crisis. The green revolution has become the perfect smokescreen, the moral veneer for a very different kind of war.

Far from the promises of sustainable development touted by the World Bank, the current scramble is driven by a strict logic of geopolitical power. A damning report from the California-based Oakland Institute exposes this global scheme. The report reveals an unprecedented and formidable convergence of interests between the American military-industrial complex and the giants of Silicon Valley. With the Pentagon openly pivoting toward a combat strategy focused on artificial intelligence (AI), securing supply chains is no longer a matter of ecology, but a question of survival in the face of Chinese influence. The United States is not seeking to reduce carbon emissions; it is seeking to guarantee its technological and military supremacy.

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Artisanal Coltan - manganese - cobalt mining in Mudere mine under control of Nyatura militia, town of Rubaya, North Kivu region (Democratic Republic of Congo, Africa). Photo: Erberto Zani.

The real winners of this frantic race wear suits far removed from environmental activism. Trillions of dollars are flowing into new alliances that intertwine AI-driven mining companies, like KoBold Metals—backed by billionaires such as Bill Gates—and companies specializing in cutting-edge defense technologies, like Palantir and Anduril, not to mention the networks of influence close to the Trump family. For these players, the discourse of climate emergency acts as a powerful public relations tool. It justifies massive and accelerated extraction that would otherwise provoke international outrage.

Local communities and Indigenous populations find themselves on the frontlines, forced to resist an extraction machine that has the audacity to justify their suffering by claiming it is necessary to save the world.

And the price of this hypocrisy is being paid in full throughout the Global South. In the Rubaya hills, in the Kolwezi copper belt, as in the Indigenous territories of Latin America and Asia, the promise of “prosperity” translates into a terrifyingly familiar tragedy. Land grabbing, forced displacement, devastating groundwater pollution: the plundering of ecosystems and human lives is accelerating. Local communities and Indigenous populations find themselves on the frontlines, forced to resist an extraction machine that has the audacity to justify their suffering by claiming it is necessary to save the world. Today, opposing the destruction of one’s village by a multinational mining company risks being accused of hindering the fight against climate change. The rhetorical trap is devastatingly effective.

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Artisanal Coltan - manganese - cobalt mining in Mudere mine under control of Nyatura militia, town of Rubaya, North Kivu region (Democratic Republic of Congo, Africa). Photo: Erberto Zani.

The long-term consequences of this diversion are alarming. The exponential surge in demand generated by future AI data centers, mass surveillance, and global rearmament will mathematically deplete available reserves. Every ton of copper, nickel, or cobalt consumed by combat drones or algorithmic data processing servers is a ton diverted from the production of renewable energy infrastructure. We are not equipping the energy transition; we are cannibalizing it to militarize our future.

We are not equipping the energy transition; we are cannibalizing it to militarize our future.

If no strict regulations are put in place to curb this rampant mining frenzy, hundreds of new mines will spring up in the coming years, causing irreversible damage on an unprecedented scale. The question facing citizens today, from Kinshasa to Washington, is no longer whether we will have enough minerals to save our atmosphere. It is why we are willing to sacrifice millions of lives and destroy our lands to fuel next-generation algorithms and weapons. In ten years, when the Global South is nothing more than a vast crater serving a militarized hyper-technology, it will be too late to realize that the planet was never the priority.

Photos: Artisanal Coltan – manganese – cobalt mining in Mudere mine under control of Nyatura militia, town of Rubaya, North Kivu region (Democratic Republic of Congo, Africa). Erberto Zani – stock.adobe.com

Source: oaklandinstitute.org/

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EU: IPI welcomes action against 14 states over Anti-SLAPP Directive delays

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EU states must introduce robust measures to protect journalists and media from vexatious litigation

The International Press Institute (IPI) today welcomes the infringement proceedings initiated by the European Commission against 14 EU Member States over their inaction or delays in transposing the Anti-SLAPP Directive.

The countries included are Austria, Bulgaria, Czech Republic, Germany, Greece, Hungary, Ireland, Italy, Luxembourg, the Netherlands, Portugal, Romania, Slovakia and Spain.

The EU infringement proceedings were initiated on 15 July, with letters of formal notice sent to these Member States for failing to notify about progress made in implementing the Directive. States now have two months to respond and update about measures taken or could eventually face legal action at the European Court of Justice.

The Anti-SLAPP Directive introduced EU-wide rules which protect journalists and civil society actors from manifestly unfounded or abusive civil proceedings with cross-border implications, including early dismissal tools and remedies for targets of SLAPPs. It was adopted in April 2024 and the transposition deadline was 7 May 2026.

Monitoring by IPI shows that while in some of the countries identified, such as Greece and Spain, steps have been taken to prepare for the transposition and bills are actively in development and reportedly close to being presented to or adopted by parliament.

In others such as Bulgaria and Portugal, initial work done to develop legislation has been delayed by institutional changes, changes in governments or political instability, though transposition work remains ongoing.

In other states, such as Italy and Hungary, little to no measurable progress has yet been made on transposition. However, with the new Tisza government in Hungary driving forward media freedom reforms, there is hope the new administration will introduce initial anti-SLAPP measures in the next legislative package identified for the autumn.

While Ireland has been actively working to tackle SLAPPs through legal reforms, and passed the Defamation Bill in 2024, further legislation is required to fully transpose the Anti-SLAPP Directive during its Presidency of the Council of the EU.

Although these 14 countries have been identified in the EU action, monitoring and analyses show that the overall picture for implementation of the Directive across the EU remains fragmented and uneven.

According to the European Anti-SLAPP Monitor, almost all EU Member States missed the May 2026 transposition deadline, with only a handful fully implementing on time.

IPI notes that even in those Member States where the Directive was implemented, such as Malta, these reforms only included minimum standards protecting against cross-border cases, and failed to include measures to safeguard against domestic SLAPPs.

In the wake of the EU’s opening of initial infringement action, IPI renews our call – made previously with Media Freedom Rapid Response (MFRR) partners – for Member States to demonstrate their commitment to media freedom by accelerating their legislative processes in protecting against SLAPPs. This includes the 14 countries identified by the EU Commission and those in which reforms have been presented but not yet adopted.

Crucially, legislative reforms should both fully reflect both the letter and the spirit of the Anti-SLAPP Directive and introduce the substantive and procedural safeguards set out in the EU and Council of Europe Recommendation on SLAPPs.

A model here should be Poland, where last month the President approved a law which covers both domestic and cross-border SLAPPs, ensuring implementation of both EU Directive and Council of Europe Recommendation.

Member States which continue to delay or fail to transpose the directive should face legal action from the Commission, which must use all tools at its disposal to help safeguard media freedom across the bloc.

IPI, which has advocated at the EU and national level for measures to protect journalists and media from SLAPPs, will continue to monitor implementation in collaboration with European partners, including through MFRR media freedom missions.

Source: ipi.media/

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No Heritage Without its People: Why Ngorongoro Cannot be a World Heritage Site and an Eviction Zone

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The Tanzanian government, under the guise of “conservation,” restricts Maasai livelihoods and denies access to essential services forcing Indigenous residents away from their ancestral lands and turning their heritage into a playground for safari tourists.

As the 48th Session of the World Heritage Committee begins July 19, UNESCO continues to legitimize the continued forced displacement of the Maasai from Ngorongoro. If UNESCO cannot ensure that the World Heritage designation protects the rights of its Indigenous custodians, then the Committee must remove the Ngorongoro Conservation Area from the World Heritage List.

Increased international pressure is imperative to hold UNESCO accountable and protect the lives and rights of the Maasai!

Read our Open Letter to the World Heritage Committee.

Source: oaklandinstitute.org

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