A minerals-for-security agreement between the United States and the Democratic Republic of Congo (DRC) is facing a constitutional challenge in Kinshasa, with legal experts arguing the deal was improperly ratified and could undermine national sovereignty over vast mineral resources.
The partnership, signed in December, grants the U.S. preferential access to Congolese cobalt and coltan—critical minerals for batteries, electronics, and defence. U.S. President Donald Trump has publicly praised Congolese President Félix Tshisekedi, calling him a “brave and wonderful man” and a strong partner, most recently at Washington’s National Prayer Breakfast.
However, a petition filed on January 21 by Congolese lawyers and human rights defenders contends the agreement should have been approved by parliament and may require a national referendum under the DRC constitution. The petitioners argue the deal mandates changes to Congolese law, fiscal policy, and mining regulations without legislative consent. They also cite provisions requiring the DRC to report quarterly to the U.S. ambassador on any proposed policy shifts and to seek consensus with a joint U.S.-DRC steering committee.
Maurice Carney of Friends of the Congo, which supports the legal challenge, stated the process bypassed constitutional requirements and excluded local communities from discussions. “The United States has laws and standards, and we don’t see them being applied,” Carney said, referencing concerns over labour rights, environmental protections, and prior informed consent. He noted that 50 members of Congress had previously written to the Trump administration seeking safeguards on these issues but received no response.
The agreement is part of a broader U.S. push to secure critical mineral supply chains and reduce reliance on China. Last month, Secretary of State Marco Rubio convened talks with 54 countries on the issue. Yet analysts note China remains dominant in the DRC, controlling an estimated 80% of copper and cobalt mining operations. Carney described the U.S. as “trying to play catch up,” pointing out that the U.S. government, not private companies, is leading investment through entities like the International Development Finance Corporation, which has committed approximately $3.8 billion—funding both mineral projects and infrastructure like the Lobito Corridor in Angola.
The DRC’s rapprochement with Washington has not visibly altered its long-standing business relationship with Beijing. Carney said China’s position remains a “status quo,” as its existing deals are unchallenged by Kinshasa. The U.S. agreement allows the DRC to offer minority stakes in current projects, but China retains control over major assets.
The constitutional petition now awaits a ruling from Congolese courts. Its outcome could determine whether the landmark deal proceeds or must undergo parliamentary ratification, potentially reshaping the DRC’s approach to foreign investment and its balance between major global powers.
