Kinshasa – According to a memorandum drafted by the movement Congo n’est pas à vendre following their visit to Switzerland from November 23 to 28, 2024, Swiss authorities appear to be bending international justice principles in troubling ways.
The document, which summarizes a meeting with Swiss parliamentarians, NGOs, and government representatives, reveals the Swiss authorities’ response claiming that the Democratic Republic of Congo (DRC) had already received compensation of 180 million US dollars from Glencore. However, this amount was not presented as compensation for the proven corruption. Even more shocking, Switzerland invoked its internal legal limitations to refuse to directly return the 150 million CHF fine imposed on Glencore, despite the fact that these funds stem from the illegal profits generated through corruption at the expense of the Congolese people.
In response to this answer, Congo n’est pas à vendre, supported by Congolese civil society and grassroots movements, organized a sit-in in front of the Swiss Embassy in Kinshasa to demand the restitution of the funds to the Congolese population. It is high time that the money obtained by Switzerland through corruption be used to benefit the real victims: the Congolese, who have never received their fair share of the proceeds. The Congolese civil society, represented by Congo n’est pas à vendre, recently called on Switzerland to redirect the funds from the fine imposed on Glencore toward the Congolese communities affected by the mining company’s misdeeds. But, as expected, the Swiss authorities have turned a blind eye to this legitimate request, citing internal legal considerations that, according to them, prevent direct restitution to the Congolese state. Switzerland claims that the DRC has already received 180 million US dollars from Glencore, an indemnity that Swiss authorities consider sufficient to compensate for the damage caused by corruption.
But this justification is anything but convincing. The 180 million USD, presented as compensation, is actually unrelated to the proven corruption and appears to be the result of business transactions or contractual disputes. In other words, this amount does not make up for the enormous harm suffered by the Congolese population, who have been victims of a large-scale corruption system between Glencore and Israeli oligarch Dan Gertler.
The fundamental question here is simple: who are the real victims of this corruption? It is not the successive governments, which, often corrupt, have turned a blind eye to the questionable practices of multinational corporations. It is the ordinary Congolese people – those whose lands have been devastated by mining operations, those who live in extreme poverty while their country’s natural resources are ruthlessly plundered. The principles of international justice are clear: the victims of corruption must be compensated. However, by keeping these funds in Switzerland, far from the eyes and needs of the Congolese, the Swiss government is refusing to deliver justice. The restitution of the fines to the Congolese population is not merely a moral act; it is an obligation under international law. Switzerland, as the host country for Glencore, and as a key actor in the fight against corruption, cannot claim to be a model of virtue while allowing companies on its soil to enrich themselves at the expense of the world’s most vulnerable populations.
If Swiss legal frameworks currently prevent the direct restitution of these funds to the DRC, innovative solutions do exist. International precedents have shown that when there is political will, legal adjustments can be made to ensure fair redistribution. For example, the creation of joint trust funds managed by Switzerland, the DRC, and international organizations could channel this money directly to development projects benefiting the communities most impacted by Glencore’s mining activities. Some Congolese are now asking: why is Switzerland not exploring this option? Why is it refusing to engage in a concrete process of reparation? Perhaps because, behind its facade of neutrality and ethics, there lies a much more cynical reality: that of a country that shamelessly profits from the fruits of corruption while pretending to uphold the principles of justice and transparency.
As the host country for Glencore, Switzerland bears a heavy moral and political responsibility for the actions of this company. Refusing to return the confiscated funds to the DRC only strengthens the perception of a Confederation that uses corruption to further its economic and financial power, while leaving the real victims in the shadows. It is no coincidence that Congolese civil society has protested in front of the Swiss Embassy in Kinshasa to express its disapproval. The message is clear: the DRC and its citizens are not for sale. They demand justice, not another legal maneuver to cover the indifference and selfishness of the world’s economic powers.
Congo n’est pas à vendre, along with other grassroots movements, demands that Switzerland take immediate action to clarify the nature of the 180 million USD and return the 150 million CHF in the context of a transparent and direct reparation mechanism. These funds should be allocated to sustainable development projects in the regions most affected by Glencore’s activities, finally offering the Congolese population a chance at justice and rehabilitation. In the end, the question facing Switzerland is simple: should it continue to hide behind outdated legal principles, or should it take responsibility and show moral leadership by repairing the wrongs it has indirectly helped fuel? Because, as long as this money remains out of the reach of the Congolese, Switzerland will forever lose its legitimacy to claim leadership in the global fight against corruption. The Congo is not for sale, and it is high time the world understood that.
By kilalopress
