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US-DRC Strategic Partnership Agreement Faces Constitutional Challenge in Court

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3 months ago

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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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UN Experts Put Tanzanian Government on Notice – “Ensure Transparency and Respect for Indigenous Peoples’ Rights in Ngorongoro”

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6 days ago

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April 23, 2026

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April 17, 2026 press release from the offices of eight UN Special Rapporteurs1 calls for the Tanzanian government to immediately publish the findings of two presidential commissions amid growing concerns over its eviction plans.
The communication echoes the Oakland Institute’s warning that these sham Presidential Commissions are being used to rubber-stamp eviction plans without the consent of the Indigenous community.
The strongly-worded communication from the UN Special Rapporteurs states that “these reports are of profound public interest and must be made available to the public without delay…Decisions affecting tens of thousands of Indigenous Peoples cannot be taken behind closed doors.” The experts furthermore urge “the Government to halt any actions that could lead to forced displacement, and engage in meaningful dialogue with affected communities,” while issuing a clear reminder that “Indigenous Peoples have a right to remain on their traditional lands if they so choose…Conservation efforts must not come at the expense of human rights.”
Impacted Maasai communities welcome this intervention from the UN Special Rapporteurs and reaffirm their commitment to defend their rights to remain on their ancestral lands.
To learn more about the struggle against Fortress Conservation, watch the interview: The Dark Side of “Conservation”
On Fox 5 DC Weekend Live, Julie Donaldson interviews Andy Currier, Oakland Institute’s Policy Analyst. Watch the discussion on fortress conservation and the human cost of climate solutions that displace Indigenous communities who best protect our biodiversity.
Watch the video

Source: oaklandinstitute.org

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NGO WORK

Two dead as Siaya protests against gold mining firm turn tragic

Published

3 weeks ago

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April 7, 2026

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Ikolomani residents protesting against eviction plan to pave space for British mining company Shanta Gold on November 12, 2025. Two people died in similar protests in Gem, Siaya County.  Isaac Wale | Nation Media Group

Two people were shot dead on Monday in Gem–Ramula, Siaya County, after villagers staged a protest over an alleged eviction they linked to Shanta Gold Kenya Limited.

Area police boss Charles Wafula confirmed the incident, stating that the victims were among a group alleged to have attacked a police post after the officers moved in to disperse the demonstrators.

According to Mr Wafula, the demonstrators, angered by what they described as an illegal resettlement by the company, stormed the station during the protest, prompting officers to intervene.

“The individuals had organised a demonstration but they did not notify the police. Our officers moved in to contain the situation, but the group began attacking both officers and Ramula Police Post, damaging several items, including vehicles,” Mr Wafula said.

However, a local rights organisation has sharply contested the police account, portraying the killings as unlawful and unprovoked.

In a statement, the Community Initiative Action Group Kenya said the two victims identified as Henry Otieno and Jack Omenda were part of a peaceful protest against what they termed a forced eviction from their ancestral land.

“The community had gathered peacefully to demonstrate against Shanta Gold Limited’s attempt to relocate them without their consent,” said the lobby’s Executive Director Chris Owalla.

The group further alleged that police officers opened fire without warning following a confrontation with residents at Ramula Market.

“Witnesses state there was an exchange between the community and police after which officers opened fire, killing Henry and Jack on the spot,” Mr Owalla said.

The rights group also accused senior police officers including Mr Wafula and Charles Emodo of Directorate of Criminal Investigation, of disregarding a court order that had halted evictions and mining operations in the area.

According to Mr Owalla, the Environment and Land Court in Siaya had, on February 5, 2026, issued conservatory orders barring any involuntary resettlement of residents in Ramula and its environs, pending the hearing of a petition.

The organisation is now calling for investigations by the Independent Policing Oversight Authority and the the Director of Public Prosecutions, alongside an independent autopsy on the victims.

Fear of evictions

The unrest is rooted in long-standing tensions over planned gold mining operations by Shanta Gold in the region. The company is seeking to establish a large-scale extraction project – one that residents fear could uproot communities and erode livelihoods carefully built over generations.

Similar scenes of unrest were reported in November 2025 in Ikolomani, where locals protested against possible relocations linked to the same company.

Shanta Gold has previously signalled its intention to invest in a multi-billion-shilling project in western Kenya, targeting high-grade gold deposits expected to yield significant output over several years.

Source: nation.africa

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NGO WORK

Tanzania: Commissions call for mass eviction of Indigenous Maasai from world-famous tourist destinations.

Published

1 month ago

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March 19, 2026

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Two presidential commissions have recommended the mass eviction of Maasai people from some of East Africa’s most iconic conservation areas and tourist destinations.

The commissions were established by Tanzania’s President Samia Suluhu Hassan following previous evictions of Maasai pastoralists from parts of the world-famous Serengeti ecosystem, and large-scale protests in the Ngorongoro Conservation Area in 2024.

Now, despite a global outcry at the earlier evictions, the two Commissions have:

  • Backed the previous evictions and called for them to continue, including in the UNESCO World Heritage Sites of Ngorongoro and neighboring Lake Natron.
  • Described the long-standing Maasai presence in the area as an “environmental pressure” that needs to be reduced.
  • Threatened local NGOs that support the Maasai, accusing them of “spreading misinformation or propaganda” because they “conflict with government interests.”
  • Called for the “relocation” of all “non-conservation activities” [in other words, Maasai occupancy of the land] outside the conservation areas.
  • Called for existing recognition of the Maasai people’s right to live in the Ngorongoro area to be removed.

An anonymous Maasai spokesperson said today: “We are blamed for environmental degradation while the unchecked expansion of tourism is ignored. Forced relocation, disguised as policy, has deprived our people of basic rights and dignity. We reject any continuation of these measures and condemn the Commission’s failure to reflect the voices, realities, and rights of our people.”

Still from a video showing the Maasai protesting the violent evictions from their ancestral lands, 2022.

The authorities maintain that these are “voluntary relocations.” However, the Maasai have overwhelmingly rejected being moved.

The Ngorongoro Conservation Area is a UNESCO World Heritage Site. When it was established, the ancestral right of the Maasai to live there with their cattle was explicitly acknowledged. But UNESCO’s World Heritage Committee has backed the so-called “voluntary relocations”, and UNESCO endorses the “fortress conservation” model that underpins Tanzania’s approach.

Survival International Director Caroline Pearce said today, “These commissions were a sham, a gimmick designed to give Tanzania’s violent persecution of the Maasai a veneer of respectability. It was widely predicted that they’d back further evictions: the whole saga just confirms that colonial-style fortress conservation is alive and well in Tanzania today, and enthusiastically endorsed by UNESCO.

“These recommendations give the green light to more evictions, in Ngorongoro and beyond. And while the Maasai are robbed of their lands and livelihood, the government, tour operators and so-called conservationists will enrich themselves from a landscape emptied of its original owners.”

Source: survivalinternational.org

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