#1SUB-REGIONAL WORKSHOP ON ILLICIT NUCLEAR AND RADIOACTIVE MATERIELS TRAFFICKING INFORMATION MANAGEMENT AND COORDINATION, Mombasa, Kenya, 7–10 Juillet 2008 D.R.CONGO PRESENTATION by Pierre KAKA MWATA (CGEA/CREN-K). Armand SAKI PNC Jean KAZADI CNPRI Kenya, Mombasa, 2008 1#2Some Data Name Surface Population OVERVIEW ON D.R.CONGO : Democratic Republic of Congo : 2.345.000Km² (3rd after Algeria and Sudan) : 60.000.000 habitants Official languages : 4 National languages and French Seasons Provinces Capital city Boundaries :9 : 2 ( Rain and Dry) : 11 : Kinshasa Kenya, Mombasa, 2008 2#3• Some important dates 1961: D.R.C become member state of IAEA 1959: Startup of the first Research Reactor Triga MK I (50KW) 1971: Decommissioning of the Triga MK I reactor 1972: Startup of the Second Reactor Triga MK II (1MW) 1978: Creation of the «Commissariat Général à l'Energie Atomique >> 2002: Publication of Nuclear Law 2006: Nomination of the Staff members of the Regulatory Autority Kenya, Mombasa, 2008 3#4• Introduction Illicit trafficking of radioactive minerals, precious metals. and nuclear materials is generally expanded practice in some parts of the Democratic Republic of Congo, The phenomenon took place early in 1990 and amplified. from 1998, • The main causes of this practice are political instability that led to general poverty among population and the lack of legal framework governing the exploitation of minerals, Kenya, Mombasa, 2008 4#5● ● Radiation sources and radioactive materials posed problems to human beings and environment long time before the terrorist attacks of september 2001. • From different national experiences it becomes also clear that there was a significant orphan source issue arising from the poor safety and security of radioactive. materials around the world. Abandoned sources, radioactive materials and disused sources are a real subject of concern in most of countries where economic and social development is based on civil nuclear. Kenya, Mombasa, 2008 LO 5#6. ● International response to that was the publication by IAEA in 1996 of the Basic safety standards (BSS) as joint efforts towards the harmonization of radiation and safety standards. Several international conferences were conducted under the auspices of IAEA in this area to assist Member States to strenghten the safety and the security of radioactive materials by establishing and upgrading regulatory infrastructures. Management and The aim of this paper is to present the current of the Illicit Trafficking Information Coordination in D.R.C. Kenya, Mombasa, 2008 CO 6#72. Overview of incidents and Developments in the area of illicit trafficking and other unauthorized activities involving nuclear and other radioactive materials Kenya, Mombasa, 2008 7#8Origin of Nuclear Illicit Trafficking ● ● ● Nuclear Illicit trafficking in DRC concerns radioactive minerals, precious metals and radioactive materials in eastern and southern parties of the country. The main causes are the political instability and the absence of legal instruments governing about exploitation of minerals. The unfavorable political environment that took place in DRC in the 1990 years resulted in local manpower and mine workers immigrating to neighboring countries. Kenya, Mombasa, 2008 8#9Origin of Nuclear Illicit Trafficking A great fraction of these new jobless started exploiting abandoned mines residues searching for Cu, Co and Au for survival. First cases of illicit exploitation of uranium minerals were reported very soon after rock sliding that occurred in 2004 on Shinkolobwe site in Katanga region. • This uncontrolled mineral exploitation got worse when several mining companies were licensed by GECAMINES company to explore, exploit, purchase minerals from individuals and export raw materials and concentrates. Kenya, Mombasa, 2008 9#10● Causes of Illicit Trafficking The main causes are the political instability and the absence of national legal instruments governing the exploitation of minerals. • Lack of an appropriate legal and regulatory framework, . Lack of an effective radiation protection infrastructure (notifacation, registration, licensing, inspection), Lack of control sources in bounderies. Kenya, Mombasa, 2008 10#11Other Causes ● . Insufficient trained workers in Radiation Protection. Lack of an adequate radioactive sources management option; • Design or manufacturing default; ● ● ● Inappropriate maintenance procedures Human error Theft, death of owner, sabotage; Etc.. Kenya, Mombasa, 2008 11#12. Typical trafficked nuclear and radioactive materials Typical Nuclear Traffic · Theft of 2 non irradiated nuclear fuel occurred in one of the CGEA's Research Reactor in 1974; • The event was reported to the IAEA and investigations conducted in personnel houses did not permit to establish liability; Kenya, Mombasa, 2008 12#13. • Ten years later, international media reported seizure of one of the identified nuclear fuel between hands of italian maffia organization; Illicit Trafficking so called "Uranium materials" in Kinshasa's roads was reported during the civil war in Eastern part of the country; Kenya, Mombasa, 2008 13#14. Typical radioactives materials ● Police and intelligence investigations conducted resulted in seizure of some radioactive materials; ● Some cases are still reported but the increasing interest manifested by the public of getting a big profit in selling the so called "uranium materials" is decreasing since they are aware that the radioactive material is not the expected enriched uranium. Kenya, Mombasa, 2008 14#15Typical Trafficking Radioactive materials Two categories of radioactive substances: radioactive minerals and radioactive materials and devices. Radioactive Minerals The illicit trafficking of minerals is concerned with the unauthorized exploitation "Artisanal" of Cu, Co and associated ores: Cd, Au, Mn, Pb, Ag, Zn, Ni. An important U mineralization exists also in this the southern area of Katanga, with main U indications located in Shinkolobwe territory where this metal was extracted between 1945 and 1959. Many cases of unauthorized exploitation of minerals have been reported these recent years in local and international media Kenya, Mombasa, 2008 15#16. . Typical Trafficking Radioactive materials and devices Glazed metallic box with: Leopold Il photo with following inscriptions: "Léopold II, Roi des Belges, Souverain de l'Etat Indépendant du Congo." A red platelet with inscriptions: "Congo Belge, 1952, PRT 12 kgs, PN 2 kg, TN 70%, URANIUM. Radioactivity level: Background Kenya, Mombasa, 2008 16#17Typical Trafficking Radioactive materials and devices • Robot with descriptions: "Caution! Radioactive material, Model Cu/12-520-6-1745, Serial number 388420-MB-111, Date: 1968, Ohio-USA." Radioactivity level: Background 98 Kenya, Mombasa, 2008 17#18Typical Trafficking Radioactive materials and devices • Lead rods segmented with inscriptions: " MTK, U-238, U-235, London Standard 1990, HYOTT Radioactivity level: Background. Lead rods segmented with inscriptions: " MTK, U-238, U-235, London Standard 1990, HYOTT Radioactivity level: Background. Kenya, Mombasa, 2008 18#19• Typical Trafficking Radioactive materials A steel covered brick of lead without inscriptions Radioactivity level: Background Kenya, Mombasa, 2008 19#20• Typical Trafficking Radioactive materials A robot with inscriptions: "Caution! Radioactive material, Model Cu/12-520-6-1745, Serial number 388420-MB-111, Date: 1968, Ohio-USA." Radioactivity level: Background Kenya, Mombasa, 2008 20#21Typical Trafficking Radioactive materials • Colonial helmet with inscriptions: "Caution! Radioactive material, Model MAI-8-2103-50-15650-1, Serial number 388422/CE 18BC, SR: U-238, The OL ART Cincinnati, Ohio-USA, Date: 30/10/1968." Radioactivity level: Background Kenya, Mombasa, 2008 21#22● National perspective on regional risks, trends, and patterns of Illicit Trafficking Organize Training courses on radiation protection for staff members of the Congolese Office for Control (OCC) and the National Intelligence Services Police and others. Extension of the CGEA activities in the Province of Katanga. Radioactivity control of exported minerals at borders, specially at Katanga borders like Kasumbalesa. Installation of Specialised Intelligence services and other government organizations at borders. Kenya, Mombasa, 2008 22#233. State systems for prevention and detection of and response to illicit trafficking and other unauthorized activities involving nuclear and other radioactives materials Kenya, Mombasa, 2008 23 23#243.1. Legal and Regulatory framework 3.1.1. Legal framework . ● . General legislation: Nuclear Law Act N° 017-2002 of 17th October 2002 on the protection against dangers of ionizing radiation and physical protection of nuclear materials and facilities General Regulation: Decree No 05/022 regulates the protection against dangers of ionizing radiation. ⚫ Specific regulations: • Decree regulating Management of radioactive waste and radioactive sources • Decree regulating foodstuffs Irradiation (ongoing) Kenya, Mombasa, 2008 24 24#253.1.2. Regulatory framework . • Regulatory Autority ● . ● National Council for Protection against lonizing Radiations (CNPRI) Supporting Establishments National Council for Nuclear Security (CNSN) Congo Atomic Energy Commission (CGEA) Kenya, Mombasa, 2008 25#26● International Cooperation DRC is IAEA Member State since 1961 and has signed several international Conventions and Treaties. Following relevant of them have been incorporated in the law: • Convention on rapid Notification of Nuclear Accident; © Convention on Mutual Assistance in case of nuclear an • radiological emergency; Convention on physical protection of Nuclear Materials. Convention for suppression of acts of Nuclear Terrorism, • Code of Conduct for Safety and Security of Radioactives. sources. Kenya, Mombasa, 2008 26#27Enforcement mecanisms ● ● • Most of sanctions forseen for non respect of regulatory. texts provisions in concern much more the security of nuclear materials and radioactive sources. Articles 47 to 50 of the Act N° 017/2002 present a set of penalities that can be imposable to the contravening. persons. Presence of the OCC, Police and Customs at the border of Katanga. Kenya, Mombasa, 2008 27#28● Following penalities are foreseen: • ceasing, temporary or permanent suspension of activity (Article 47). ⚫deprivation of freedom for 5 to 20 years (case of theft, disparution of nuclear materials (Art. 48 ). • fines (Art 48). • · Confiscation of seized nuclear materials for infraction (Article 49). • Permanent deprivation of freedom for sabotage. Kenya, Mombasa, 2008 28#293.2. Roles and Rasponsabilities of differents governments agencies. • Congo Atomic Energy Commission (CGEA) • • Research and Development in peaceful applications of nuclear energy. Responsible for: • Developing and performing research programmes in radiation protection and safety; •Promoting nuclear techniques in the country; •Ensuring the training and expertise in the radiation protection; • Supporting the Regulatory Authority. Kenya, Mombasa, 2008 29 29#30• • • National Council for Protection against lonizing Radiations (CNPRI) Permanent control on inadvertent movement or illicit trafficking of radioactive materials and devices is ensured by the CNPRI through the law 017/2002 Possession, import, export, storage and transfer of radiation sources and radioactive materials are subject to regulatory authorizations, CNPRI Inspectors are empowered to inspect any premises and installations where radioactive materials, radiation sources and equipments are suspected. Kenya, Mombasa, 2008 30#31National Council for Nuclear Security (CNSN) Empowered by the Decree N° 05/020 to act as Public Service coordinating the means for combating illicit trafficking of nuclear and radioactive materials; ● Responsible for: • fighting against illicit trafficking of nuclear and radioactive materials by preventing, detecting theft, illegal transfer, and sabotage of nuclear installations and non authorized access to nuclear facilities, • collecting and conveying radioactive and nuclear materials to the CNPRI • preventing malevolent acts of radioactive and nuclear materials Kenya, Mombasa, 2008 31#32Others governments oragnisations ● National Intelligence Services ● ● - PNC /DRGS Police Nationale Congolaise / Direction des Renseignements Generaux et Services Speciaux. - ANR (Agence Nationale des Renseignements) - FARDC/Renseignements Militaires Customs Services Occ (Office Congolais de Contrôle) Kenya, Mombasa, 2008 32#33. National Response to malvolent acts involving radioactive materials Several Inspections missions on the mining site of Shinkolobwe in the Province of Katanga. IAEA and CGEA experts investigated the suspected site for radioactivity assessment in 2004. IAEA Inspectors noticed a high rate of radioactivity on the site but could not confirm the presence of uranium minerals among the exported minerals. Recommendations to close the mining site to the public. and to prohibit the "artisan" exploitation of cobalt and other minerals. Kenya, Mombasa, 2008 33#34● ● ● Expert mission conducted by the CGEA to assess the impact of the radioactivity in some mining sites in order to formulate mitigation actions. Publication of the Decree no 04/017 of 11/07/2004 prohibiting the access of the population and any mining activities on Shinkolobwe site. Radioactivity control of exported minerals at borders, specially at the post of Kasumbalesa in Katanga. Kenya, Mombasa, 2008 34#35• Human resources Presently, the Radiation Protection Department of the CGEA is working with 8 staff members whose 7 are trained through the IAEA Regional Projects in the case of Technical Cooperation Programmes. This Department still play the role of CNPRI. Kenya, Mombasa, 2008 35#36Conclusions . Illicit trafficking of radioactive materials has been a public concern since 1990s It is mainly concerned with unauthorized exploitation and fraudulent export of minerals. National response to these malevolent acts is the implementation of national and international legal instruments. National infrastructures to deal with unauthorized acts involving illicit trafficking of materials, minerals and radioactive devices are being set up. Kenya, Mombasa, 2008 36#37Conclusions Development, implementation and enforcement of these new structures result in creating a real synergy to strength the fighting and preventing illicit trafficking of radioactive materials and minerals. Need for effective regulatory infrastructure and international cooperation is sought to fulfill requirements for national and international security against threats of malevolent acts involving radioactive materials and minerals. Kenya, Mombasa, 2008 37#38Thank you for your attention Kenya, Mombasa, 2008 38