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This legal challenge in the Congo highlights the stakes for millions of people around the world, including many Indigenous communities, who find their lands targeted by big powers for mineral extraction.
President Donald Trump hailed "historic" the agreement signed in Washington on December 4, 2025, between President Félix Tshisekedi of Congo and Rwanda's President Paul Kagame. Brokered by the US administration, this Washington Accord was supposed to end the devastating conflict in Congo that has taken millions of lives over the past three decades.
Alongside this deal, a Strategic Partnership Agreement was signed between the US and Congo. The agreement gives the US preferential access to Congolese mineral reserves, requires Congo to amend its laws and potentially its Constitution, and gives Washington a level of control over the management of mining resources through the establishment of a joint mechanism involving the two governments.
In October 2025, analyzing the pre-accord signed in June 2025 and a Regional Economic Integration Framework between Rwanda and Congo negotiated in the following months, the Oakland Institute released Shafted: The Scramble for Critical Minerals in the DRC. The report raised serious concerns about US maneuvers to control Congolese critical minerals under the guise of bringing peace to the region.
The Partnership Agreement signed in December makes these concerns legitimate. The Congolese people have been sidelined, with an agreement focused on extraction and exploitation of critical minerals and a peace deal that shockingly overlooks the need for justice and for holding perpetrators accountable. Soon after the signing of the deal, the US mining firms were already striking deals, while promises of peace and security remain wishful thinking with Rwanda and its proxy M23 continuing to occupy large swaths of land in mineral-rich eastern Congo. As a matter of fact, fighting has continued to rage with a fresh offensive launched by Rwanda and M23 in the days that followed the agreement, resulting in thousands of people killed and the capture of the strategic city of Uvira.
The lawyers and human rights defenders who have filed the case are urging the mobilization of Congolese people to preserve the sovereignty of their nation and calling on the international community to support their action and defend international law at a time it is under unprecedented threat.
While the prospect of peace remains uncertain, the government of Congo has not waited to take significant steps in the implementation of the agreement. Mid-January, it provided Washington with a shortlist of state-owned assets—including manganese, copper-cobalt, gold, and lithium projects—available to US investors. A major deal was announced soon after with US government-backed Orion Critical Mineral Consortium acquiring 40% of Glencore’s DRC copper and cobalt.
Congolese may legitimately wonder whether they are being fooled by the deal, seeing their mineral resources offered to the “peacemaker” whereas Rwanda, undeterred, continues its aggression and the extraction of Congolese minerals in Eastern Congo. This has led some to act.
On January 21, 2026, a collective of Congolese lawyers and human rights defenders filed a petition at the Constitutional Court of the Congo to challenge the constitutionality of the agreement. The lawyers argue that the partnership violates the Constitution since amendment of laws or the Constitution requires a democratic review and approval by the Congolese parliament or citizens through referendum. Specifically, it contravenes Article 214 of the Congo's Constitution, which sets out the ratification process for international agreements that involve amending national laws. The petition also contends that the agreement violates Articles 9 and 217, which uphold the principle of Congo’s sovereignty over natural resources, and Article 12, which upholds the principle of equality before the law.
According to Attorney Jean-Marie Kalonji, one of the plaintiffs: "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." The lawyers and human rights defenders who have filed the case are urging the mobilization of Congolese people to preserve the sovereignty of their nation and calling on the international community to support their action and defend international law at a time it is under unprecedented threat.
This legal challenge has major significance for Congo, a country that has large reserves of several critical minerals, such as copper and cobalt, and a long history of mineral extraction plagued by corruption, embezzlement, and predatory wars. The country’s mineral wealth has hardly benefited its people—still lagging behind most countries in terms of human development indicators such as access to health, education, and other standards of living. It is therefore totally legitimate for citizens to stand up for their basic rights and ensure that mining operations actually benefit the population.
Beyond Congo, this legal action has implications for other mineral-rich countries as global competition for the control of critical minerals intensifies and projections indicate steep increases in demand as well as shortfalls to be expected for some key minerals such as copper and lithium as early as the 2030s. Whereas China dominates both extraction and refinery activites, the US and other industrialized countries have set the supply of critical minerals as a vital priority for so-called green technologies as well as defense.
The 2022 Intergovernmental Panel on Climate Change report warned that mining has “severe environmental impacts” with “often […] few if any redistributive benefits for communities in regions where extraction takes place,” and instead of local development, the extraction of strategic minerals is often linked to violence, human rights abuses, and conflict. This legal challenge in the Congo highlights the stakes for millions of people around the world, including many Indigenous communities, who find their lands targeted by big powers for mineral extraction. It is essential that their rights are recognized and that they have a say in the future of their land—which is intertwined with their own future.
"Congress must say enough is enough and immediately open an investigation into just how deep the rot at Burgum’s Interior goes," said one critic.
Ethics experts this week raised red flags over a senior US Interior Department official's failure to disclose her family's financial interest in the nation's largest lithium mine, which opponents say was illegally approved by the Trump administration.
In 2018, Frank Falen, husband and former law partner of current Associate Deputy Interior Secretary Karen Budd-Falen—the third-highest ranking Department of Interior (DOI) official—sold the water rights from a family ranch in Humboldt County, Nevada to a subsidiary of Lithium Americas for $3.5 million.
The subsidiary, Lithium Nevada, wanted to build a highly controversial $2.2 billion open-pit lithium mine—Thacker Pass—that required both massive amounts of water and approval from the DOI. Falen's water rights sale also hinged upon DOI approving the mine.
At the time, Budd-Falen worked as the DOI's deputy solicitor for wildlife. In 2019, she sat down for a lunch meeting with Lithium Americas executives in the DOI cafeteria.
“They just happened to mention to me they were going to DC, and I was like, ‘Well, my wife is back there,’” Falen said of the Lithium Americas executives in a New York Times interview. “It was my fault because I just said, ‘Yeah, you should stop by and say hi to my wife.’"
The US Bureau of Land Management (BLM), part of DOI, approved the mine during the final days of Trump's first administration via an expedited process to circumvent lengthy environmental review. Indigenous and conservation groups, working together in the Protect Thacker Pass coalition, subsequently sued over what they argued was the mine's illegal approval.
A Lithium Americas spokesperson told the Times: "We haven’t worked directly with Karen Budd-Falen related to Lithium Americas, nor have we ever met with her in a formal capacity regarding our project.”
However, ethics experts question the financial ties between Falen and Thacker Pass and why Budd-Falen did not publicly disclose her husband's $3.5 million water deal.
“Did she have any oversight of the environmental review process regarding Thacker Pass?" Kyle Roerink, executive director of the Great Basin Water Network, a Nevada conservation group, said during an interview last week with High Country News. “If she didn’t recuse herself, it would fly in the face of the impartial decision-making that Americans expect from government officials.”
Doug Burgum’s third-in-command Karen Budd-Falen made millions after the Trump administration fast-tracked what’s now the nation’s biggest lithium mine. Illegal, conflict of interest, corruption, or whatever you want to call it, there’s a rot in our Interior Department. https://nyti.ms/3LfBVWM
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— Save Our Parks (@saveourparks.us) January 5, 2026 at 1:00 PM
Robert Weissman, co-president of the watchdog group Public Citizen, told the Times: "It’s not clear that Karen Budd-Falen knew she had a conflict, but it’s clear she should have known, and that the public should have known. It’s also clear that she should not have met with Lithium Nevada."
Green groups and Indigenous peoples—including the the Reno-Sparks Indian Colony, Burns Paiute Tribe, and Summit Lake Paiute Tribe—fiercely oppose the mine. Opponents argue the project lacks consent, had a rushed environmental review, and that the mine would threaten wildlife and water and desecrate sacred Indigenous sites.
Thacker Pass, whose name means "rotten moon" to all three tribes, is also the site of an 1865 massacre of dozens and perhaps scores of Northern Paiute men, women, and children by US Cavalry troops. The tribes want it listed on the National Register of Historic Places.
In September, the Trump administration and Lithium Americas reached a deal under which the government will take a 5% equity stake in both the company and the Thacker Pass mine in return for Department of Energy loan money as demand for lithium—a key component of electric vehicle batteries, cellphones, and laptops—is surging worldwide.
The apparent conflict of interest involving Budd-Falen continues a history of corruption at Trump's DOI in both the president's first and current terms. First-term Interior Secretary Ryan Zinke's tenure was plagued by ethics violations and abuse of office. Federal investigators found that Zinke lied to them about his involvement in private land deals while in office, had improper relationships with developers, and improperly used taxpayer funds to pay for chartered aircraft and helicopter flights.
Zinke resigned in 2019. His eventual successor, David Bernhardt, was called a "walking conflict of interest" and "as corrupt as it gets" due to his prior work as a fossil fuel lobbyist.
Budd-Falen could also benefit from the Trump administration's invasion of Venezuela. According to reporting from Public Domain's Jimmy Tobias and Chris D'Angelo, Budd-Falen or her husband hold tens of thousands of dollars worth of stock in fossil fuel companies including ExxonMobil and pipeline firm Enterprise Products Partners.
Responding to Budd-Falen's failure to disclose her family's interest in the Thacker Pass mine, Save Our Parks spokesperson Jayson O’Neill said Monday:
This raises substantial questions about the lack of transparency, clear conflicts of interest, and potential illegal self-dealing at the Interior Department under [Interior Secretary] Doug Burgum. It wasn’t enough for Burgum’s top lieutenant, Karen Budd-Falen, to hold tens of thousands of dollars in Big Oil stocks while advancing their interests at Interior. Now we find out that she worked behind the scenes with Lithium Americas’ representatives and lobbyists, which received fast-track approval, making her and her husband millions.
"This naked corruption and self-dealing is par for the course at Doug Burgum’s Interior Department, which is more focused on self-serving and special interests than the American people and our outdoor heritage," O'Neill added. "Congress must say enough is enough and immediately open an investigation into just how deep the rot at Burgum’s Interior goes.”
Labor activist Raraa Rahmawati argues that the hazards in her country’s nickel industry are part of the broader problem of a global economy rigged to favor the wealthy
Electric vehicle sales are rising rapidly around the world. But few people who purchase these cars know anything about the workers who produce them.
Labor activist Raraa Rahmawati is trying to change that for one group of e-vehicle supply chain workers: the more than 230,000 Indonesians who toil in the nickel mining and processing industry. Recently, she reported on the reality of these workers’ lives at an international “People’s Summit” held parallel to the G20 leaders meeting in Johannesburg, South Africa.
Indonesia boasts the world’s largest reserves of nickel, a key component of the lithium batteries that power electric vehicles. To capture more of the value of this essential mineral, the national government banned raw nickel exports in 2020. This has triggered a boom in domestic nickel processing.
Who’s benefiting most from this boom? The Chinese firm Tsingshan ranks as the top investor in Indonesia’s nickel processing operations. The company has contracts to supply carmakers around the world, including a $5 billion deal with Tesla.
“People who buy electric cars think they’re contributing to a ‘just transition’ away from fossil fuels,” she told the international crowd in Johannesburg. “But they should know this is really just another form of extractivism."
Tsingshan’s founder and chairman, Xiang Guangda, has accumulated a fortune worth an estimated $3.7 billion. Known as the “Nickel King,” the Chinese tycoon closely guards his privacy. But Bloomberg last year spilled one revealing tidbit: that Xiang had purchased a $62 million mansion for his daughter in Singapore.
The contrast between the living and working conditions for Xiang’s family and his employees could not be more extreme. Rahmawati works with an organization, Sembada Bersama, that is documenting the severe workplace hazards in this industry.
In a new report, Sembada Bersama reveals disturbing information about the Indonesia Weda Bay Industrial Park, a massive nickel mining and smelting complex in a former rainforest in the northern part of the Maluku Islands. Tsingshan owns the largest share of the project.
The most disturbing finding: an apparent pattern of “sudden deaths” among the plant’s workers, who are mostly 25 to 35 years old. Nearly every worker Sembada Bersama interviewed was aware of these tragic incidents. Rahmawati said that while lack of transparency and oversight make it impossible to prove, these deaths are likely the result of cardiac arrests related to grueling working conditions.
Smelter operators typically work two 12-hour shifts over two days, often having to rotate between day and night shifts, with a third day off. To document additional hazards, Sembada Bersama collaborated with workers to take meter readings inside the smelters. The data they collected reveal workplace heat temperatures of as high as 108.5°F, excessive levels of inhalable dust particles that can cause respiratory disease and cancer, and noise levels high enough to cause permanent hearing loss.
These occupational health risks come on top of the Indonesian nickel industry’s devastating environmental costs and high accident rates. Two years ago, an explosion at a Tsingshan plant left 21 workers dead.
Tsingshan recently signed an agreement with the United Nations Industrial Development Organization to improve ecological practices and industrial skills training at its Indonesia operations. This suggests the firm is feeling some pressure. But with few alternative job opportunities, local communities and workers remain vulnerable to the enormous power of Tsingshan and other nickel corporations.
The Sembada Bersama report ends with detailed recommendations for the Indonesian government and corporations. Rahmawati also argues that the hazards in her country’s nickel industry are part of the broader problem of a global economy rigged to favor the wealthy. International solidarity and cooperation, she feels, will be key to unrigging the system.
“People who buy electric cars think they’re contributing to a ‘just transition’ away from fossil fuels,” she told the international crowd in Johannesburg. “But they should know this is really just another form of extractivism. We need a cross-border movement. It’s time for us to be united.”