Response to interpellation 2024/25:718 on security and mineral agreements between the USA and the Democratic Republic of the Congo
Translated from Swedish by AI; the translation may contain errors. The Swedish text is the original.
Summary AI, written in advance
M argues that Sweden and the EU promote sustainable value chains and responsible extraction in DRC through dialogue and capacity-building efforts 1. M emphasizes that Sweden follows EU rules to counter human rights violations 1 2 and that cooperation with Swedish companies contributes to domestic resource mobilization 3. M points out that the EU's sanctions regime was revised to include entities that exploit armed conflict 4. V argues that the USA's agreement undermines Congo's sovereignty and that Sweden should criticize harmful bilateral structures 5. V believes that the EU's rules are insufficient and require proactive national legislation 6 7.
Written by AI in advance and may contain errors. The numbers lead to the speech a statement builds on; check against the text below.
Statsrådet Benjamin Dousa (M)
Madam Speaker! Lorena Delgado Varas asks
how I view the so-called security and minerals agreement between the USA and DRC and its consequences for Congo's sovereignty and the people's right to their resources
if I intend to act within the EU to publicly criticize and counter this type of bilateral agreement, which risks undermining parliamentary oversight and favoring private security companies at the expense of human rights
what I do to ensure that Swedish and European companies are not part of this chain that enables illegal exploitation through trade with Rwanda or Congolese elites
in what way Congolese civil society actors, not least in mineral-rich provinces such as Katanga, are included in Sweden's and the EU's political assessments and trade policy guidelines.
I do not have any more information regarding negotiations on a possible agreement between DRK and the USA than what has been reported in the media or emerged through other public sources. As far as I know, there is no agreement in place yet.
I share Lorena Delgado Varas' view on the importance of transparent procedures in a democratic state and that domestic resource mobilization is central to a country's economic development. Sweden consistently emphasizes the importance of mineral-rich countries developing their own value chains linked to mineral extraction. Sweden, the EU and a number of other donors contribute to this through, among other things, dialogue and capacity-building efforts.
Trade policy is an area where the EU has exclusive competence, which, among other things, means that it is the EU that negotiates international trade agreements. The EU's treaties establish that the EU, in its relations with the rest of the world, shall, among other things, contribute to peace, security, free and fair trade, the protection of human rights, as well as compliance with international law.
The EU and its member states are closely monitoring the developments on the ground in eastern DRC and are prepared to act against individuals and companies that commit crimes against international law, including human rights, or otherwise contribute to ongoing abuses and conflicts, for example through illegal trade and exploitation of natural resources.
Sweden supports and follows the EU Conflict Minerals Regulation, which aims to ensure that importers of tin, tungsten, tantalum and gold from conflict-affected areas follow international guidelines for responsible sourcing. The Government expects Swedish companies to act in a sustainable and responsible manner, for example by acting in line with the UN's guiding principles and the OECD's guidelines regarding human rights, environment, climate and anti-corruption.
Sweden is a long-standing and stable partner to the DRC through, among other things, development cooperation. An important focus area for the aid is to contribute to more sustainable management and responsible business regarding the extraction of natural resources.
Sweden and the EU maintain a continuous dialogue with civil society organizations in the DRC and provide financial support. These organizations not only perform important work to, among other things, increase transparency, improve working conditions in the mining sector and strengthen local communities' voices, but also constitute an important source of information.
Lorena Delgado Varas (V)
Thank you for the floor! And thank you, Minister, for the answer! But it is not enough to refer to the fact that, as far as the Minister knows, there is no agreement.
The USA government has publicly announced a memorandum of understanding with DRC and Zambia regarding critical metals. And according to reports from among others Reuters, discussions are ongoing regarding a deeper bilateral agreement between the USA and Congo. Several experts, including Congo Research Group, have warned that this type of agreement undermines Congo's sovereignty, as they are often designed without the parliament's approval and risk driving a privatization of the security sector.
Furthermore, Congo and Rwanda initiated a draft agreement to be signed on June 27 in the presence of US Secretary of State Marco Rubio. The document links the disarmament of M23, the return of refugees, and a joint security coordination body to US-led funding of billions in cobalt, copper, gold, and lithium in eastern Congo – that is, Congo will give its minerals in exchange for peace.
I had expected the minister to be clearer in their concern that such agreements could be established, as they can create parallel power structures where international and private actors gain an incredibly large control over Congo's natural resources without the Congolese people being able to have their say or, for that matter, share in the profit to be able to create a better future.
It is of course true that it is the EU that negotiates the international trade agreements, but that does not mean that Sweden can bypass its political responsibility to push for ethical trade and criticize harmful bilateral structures, especially if they concern conflict minerals and human rights.
The EU has previously, under pressure from member states, criticized China's Belt and Road Initiative for a lack of transparency and democratic participation. Why then can we not also criticize a Western actor, in this case the USA, when it enters into an agreement that risks undermining democratic processes in Congo and essentially anchors Congo in an agreement that takes over its entire mineral industry?
Through organizations, we have received information that the Congolese regime has also tried to find other ways to be able to conclude agreements with others than the USA, but has not received any response. Is it the case that the EU is sitting idly waiting for the USA to sign its agreement, despite the consequences for the people in Congo? Has Sweden in any way signaled and insisted that it is a prioritized necessity to support Congo in the peace process and for its future?
We must be consistent when we act in international affairs. If we are to use trade agreements as a tool to create a better future for both ourselves and the countries we have agreements with, we must also do so with Congo. We must dare to criticize the power imbalances that, among other things, the USA and other imperialist states create with their trade agreements.
Statsrådet Benjamin Dousa (M)
Madam Speaker! In today's world, where the green transition is urgent, there is a great need for critical minerals and natural resources. In light of the increasing geopolitical competition, it is central that Swedish and European companies are given the best possible conditions to operate.
DRC is one of the world's most mineral-rich countries. DRC is also the largest country by surface area in sub-Saharan Africa. The conflict in the eastern parts of the country takes place, purely geographically, far from the main engine of the Congolese economy in the country's southern parts. In this relatively stable region, there are great opportunities for Swedish and European companies to work in a responsible manner for and contribute to a more sustainable and secure extraction of minerals. This benefits DRC, Sweden, and not least the Congolese population.
Sweden's ongoing cooperation with Swedish companies operating in the DRC is being strengthened. Particular focus is placed on promoting secure and rights-based value chains, where the DRC's mineral resources contribute to increased domestic resource mobilization, strengthen the population's access to infrastructure, social services and employment, and support global climate goals.
Swedish companies are thus participating in initiatives for sustainable value chains within the mining sector in the DRC. In parallel, civil society is working for, among other things, increased transparency and traceability in the trade of conflict minerals. This is work that receives Swedish support. This cooperation contributes, for example, to promoting the creation of rights-based employment opportunities within, among other things, the cobalt sector.
Lorena Delgado Varas (V)
Thank you for the floor! The Minister argues that Swedish companies are participating in the work to secure production chains. That is partly true. But at the same time, we have examples from not so long ago that European companies, including Swedish ones, have in different ways contributed to violations of human rights. It shows that the EU's rules are not sufficient.
The Conflict Minerals Regulation does not cover all minerals. It is intended to ensure corporate responsibility. But it does not go far enough, because it only applies to raw material imports and only concerns tin, tungsten, tantalum, and gold. This means that cobalt, lithium, and graphite, which are super-important minerals in electrification, are not covered at all.
The expansion of the regulatory framework through due diligence and the EU's Critical Raw Materials Act might provide improved work from a corporate perspective but is quite diluted and not fully implemented, and will probably not achieve the effect that is so nicely written about on paper. Companies often have a tendency not to respond as long as there are no legal requirements on things. This is something that is lacking in very many directives that the EU produces regarding human rights and the environment.
I also want to highlight the lack of feminist foreign policy. The government has removed it, which makes women invisible. It is quite telling in, for example, Congo, where approximately 30–50 percent of the workforce in small-scale mining consists of women. They are incredibly vulnerable, among other things, to sexualized violence. 30–33 percent have experienced violence during their lifetime. If one does not have gender equality guidelines when it comes to such agreements and does not have such policy from the government, one will not be able to achieve changes and give women the future that they actually have a right to. Instead, one reinforces the patriarchal structures that exist within these industries.
Furthermore, women's participation is crucial for achieving peace and stability and sustainable development in the region. There is an enormous amount of research showing that it is incredibly important to involve women both when taking initiatives and when creating entrepreneurship. There is, for example, an initiative in western Katanga in Congo called Mother Boss. It creates both safer working conditions and strengthened local ownership for women and has yielded incredibly positive results. More such initiatives are needed, but they will not be highlighted with the policy that this government puts forward.
What is required are more conditions and legal requirements, especially regarding children's rights, equality, women's representation and protection against violence, not to mention environmental and climate issues. Generally, it can be said that the EU's agreements lack legal requirements in all the important areas. I believe that Sweden could be a quite important actor by raising those issues within the EU but also by speaking for itself.
(ANDRE VICE TALMANNEN: I would like to remind those who have the floor to direct their remarks to the Speaker.)
Statsrådet Benjamin Dousa (M)
Madam Speaker! The Government considers that sustainable and rights-based mineral extraction is crucial for long-term development. Here, Sweden and the EU are actively seeking to strengthen their strategic engagement. The EU directive on corporate sustainability due diligence plays an important role in that context. The directive means that companies must take measures to prevent, identify, and limit any negative consequences for human rights or the environment from the activities of their own subsidiaries or their business partners. Through the directive, a due diligence obligation is imposed in relation to human rights and the environment. Within the framework of this due diligence obligation, requirements are placed on European companies to take measures such as integrating sustainability risks and consequences into their risk management. This naturally also applies to Sweden's and the EU's trade with both Rwanda and DRC in this case.
Within the framework of the EU Conflict Minerals Regulation on establishing obligations regarding due diligence in the supply chain for Union importers of various substances originating from conflict-affected areas and high-risk areas, the Geological Survey of Sweden, SGU, is the responsible authority. This authority carries out controls of importers every year.
The EU works from both bilateral and regional approaches. The EU has, for example, concluded memorandums of understanding with Rwanda on sustainable value chains for critical raw materials. Similar agreements were concluded in 2023 with both DRC and Zambia, and in 2022 with Namibia.
This type of cooperation shall, among other things, promote traceability and transparency and in this way contribute to countering illegal trade with these raw materials. These are particularly important issues in the Baltic Sea region.
To reach a long-term and sustainable solution to the ongoing conflict, it is required that the issue of management and distribution of natural resources be addressed. In the EU's strategy for the Baltic Sea Region adopted in 2023, great emphasis is placed on the distribution of sustainable resources and management.
The EU's role in the DRC has been strengthened after the USA has withdrawn its aid to the country. An active EU effort in issues such as sustainable raw material chains and green energy is therefore completely crucial and important.
Lorena Delgado Varas (V)
Thank you for the floor! It is interesting that the Minister brings up due diligence for companies. Unfortunately, the government was aware of the dilution of the directive before it was adopted. That means that a large part of what could have been a legal requirement is not. It depends a bit on whether the companies want to or not.
I mean that what is required is proactive legislation at the national level similar to the German Lieferkettensorgfaltspflichtengesetz, where companies that do not respect human rights can face tangible consequences. They will not get that today. It also means that we do not need to passively follow the EU's minimum level, but we can set higher requirements than that.
The order we see today, regardless of whether we look at trade agreements or memoranda or the like, is still colonial in its core. It means that Western states and companies conclude agreements over the heads of the people in Congo. There, minerals are extracted in conflict-affected areas without democratic consent, and women and children are the first to be affected but the last to be heard.
We must as a country stop supporting peace at the expense of sovereignty. Fair sustainable trade, public control, protection of human rights and women's organizing are not side issues. They are the very foundation for long-term peace. We have seen this several times. It is enough to look at how, for example, the USA is now exploiting Ukraine's vulnerability to write agreements.
I would really wish that Sweden could pursue a different type of trade policy so that we clearly stand on the side of the people, whether it concerns Congo, Palestine or Iran.
Statsrådet Benjamin Dousa (M)
Madam Speaker! The UN's and the EU's restrictive measures regarding the situation in the DRC are also being reviewed and updated continuously. The lists include persons who perform acts in the DRC that involve violations of human rights or international humanitarian law.
Against the background of the escalating regional conflict, the EU revised the listing criteria for the sanctions regime against the DRC in July 2023. It is now possible to list persons and entities that exploit the armed conflict, instability, or insecurity, including through illegal exploitation of or trade in natural resources.
By broadening the criteria, it also became possible to take restrictive measures against persons and entities outside DRK. On the EU's sanctions list, for example, there are companies, authorities, and individuals who have exploited the armed conflict through illegal extraction and trade of natural resources. In March this year, for example, the CEO of Rwanda's authority for minerals, oil, and gas, as well as a gold smelter in Rwanda, were placed on the sanctions list based on this criterion.
All listed individuals and entities are subject to a number of different restrictions. This means that it is prohibited for listed persons to enter or transit through the EU. The sanctions also entail that all assets and economic resources in the EU belonging to listed persons or entities shall be frozen. Furthermore, it is prohibited for EU actors to make assets or economic resources available to them.
The UN sanctions include, among other things, a prohibition on directly or indirectly supplying, selling, or transferring weapons and related materiel including ammunition, military vehicles and equipment, paramilitary equipment or associated spare parts to all non-state entities and individuals found in the DRC's territory.
Source: The Swedish Parliament. The speeches come from the open data of the Riksdag, translated into English by AI, which may contain errors.