Conflict Minerals

Resource Page - Conflict Minerals: A Broader Push for Reform is Essential

Section 1502 of the Dodd-Frank Wall Street Reform and Consumer Protection Act has been a primary driver of corporate and regional policy change on conflict minerals in the Democratic Republic of Congo (Congo), helping create an economic incentive for ending exploitative mining practices and reforming the region’s minerals sector. However, Dodd-Frank 1502 is only one component in a broad set of peacebuilding tools, and it must be accompanied by other initiatives to advance development of a responsible minerals trade that improves the livelihoods and security of people living in eastern Congo. These changes toward peace must include government and corporate responses, programs directly supporting the livelihoods of community members in eastern Congo, and full implementation of the regional peace agreement known as the Peace, Security and Cooperation (PSC) Framework in a way that is truly inclusive of those most affected by it.

This resource page is designed to provide an update on the efforts to end the conflict minerals trade that finances numerous brutal armed groups in eastern Congo, note remaining challenges, and suggest strategies for encouraging lasting peace.

For more information, please see the additional resources below - and check out the letter published by Congolese civil society members here and joint open letter here.

Background

For nearly two decades, the war and widespread illicit exploitation of natural resources in eastern Congo has subjected Congolese citizens to a humanitarian crisis that desperately needs to be addressed. Broad reform of the minerals sector is part of a comprehensive strategy to end violence in eastern Congo, and Dodd-Frank 1502 is one catalytic component of that effort.

As part of the wider Wall Street reform effort, Dodd-Frank 1502 ordered the Securities and Exchange Commission (SEC) to develop a rule that requires companies to find out where their minerals come from. The rule, adopted in 2012, aims to interrupt long-standing practices of supply chain opacity, replacing them with mandatory corporate transparency, due diligence, and public awareness about four minerals that are known to fuel unspeakable violence in Congo and the surrounding region. The law has provided an economic incentive for change, which has led to increased security for many mining communities once directly controlled or terrorized by armed groups.

However, governments, donors, and companies have yet to deliver or finalize many of the other critical reforms necessary to end the conflict minerals trade.

Three main areas of reform are needed:

  1. Livelihood programs for mining communities
  2. Increased transparency and due diligence
  3. Governance and mining reforms in Congo and the region
     

Without attention to these three categories, Dodd-Frank 1502 and any other complementary initiatives to end the conflict minerals trade in eastern Congo will be incomplete.

Livelihood Projects for Mining Communities

Dodd-Frank 1502 is making it less profitable for armed groups to illegally trade minerals in Congo and the region, helping begin the shift of the economic environment in eastern Congo and the region away from benefiting armed groups and towards creating incentives for a peaceful trade. Although miners who worked in conflict mines were subject to immense harassment, debt slavery, and attacks by armed groups and military officers, the shifts away from conflict mining also mean that many miners have had to move to other areas to try to earn a livelihood, while the responsible minerals trade slowly develops. From the beginning, human rights and mineral reform advocates have called for livelihood programs for these miners to complement Dodd-Frank 1502, but the programs have been too slow in coming to the ground in Congo. They must be boosted now. This includes:

  • Increasing capacity-building and micro-finance programs for artisanal mining cooperatives in eastern Congo
  • Finalizing reforms to the minerals sector
  • Respecting the rights of artisanal miners and ensuring they are given access to a legal, profitable market for their minerals
  • Significantly enhancing programs to develop alternative sources of income, such as high-value agriculture

Some donors have set up programs, like USAID’s $20 million community recovery project, its $5.8 million Capacity Building for a Responsible Minerals Trade project, and the World Bank’s $79 million “Eastern Recovery Project.” These are helpful starts, but they have yet to be felt by many mining communities that deserve more support. Much more must be done in this area.

Increased Transparency and Due Diligence in Tin, Tantalum, Tungsten, and Gold Supply Chains

The International Conference on the Great Lakes Region (ICGLR) has spearheaded a new regional minerals certification process. Certification is a means to the goals of transparency, compliance, and rule of law. The process has been slow and must advance with more expediency for Congo to see outside investment and experience benefits on the ground.

Retail companies are increasingly engaged in developing positive supply chain management tools, joining multi-stakeholder groups to advance the tools and policies for conflict-free minerals sourcing, and taking an increasing interest in supporting peace in the Great Lakes region. This evolution is largely due to Dodd-Frank 1502’s disclosure requirements and has positive implications for numerous industries and minerals-rich regions around the world.

Governance and Mining Reforms in Congo and the Region

Governance reform in the region’s mining sector must be strengthened, and we must not lose momentum for meaningful, lasting change. Great Lakes governments, particularly Congo, Rwanda and Uganda, must be at the forefront of these efforts, but the U.S. and other governments, international financial institutions, private investors, mining companies, consumers, and other international actors all have roles to play. They should work closely with Congolese mining communities and regional stakeholders to improve mine inspections in Congo and the ICGLR minerals certification process, increase meaningful support to Congolese miners, and invest in conflict-free mines, particularly for gold.

Conclusion

In large part due to Dodd-Frank 1502 and related reform efforts, there is progress toward the development of a conflict-free minerals sector in Congo. There are laws in place to prevent multinational companies from having opaque supply chains, and an increasing number of mines are being validated as conflict-free. Dodd-Frank 1502 is only one part of the solution, but if it is undermined or dispensed with, companies will return to a climate of impunity for profiting from violent conflict and lucrative minerals will continue to enrich warlords in Congo.

Additional Resources

- Six Facts from the North Kivu Civil Society Organizations Specialized in the Sector of Natural Resources     

- Open Letter - Conflict Minerals: A Broader Push for Reform is Essential

- Expectations for Companies’ Conflict Minerals Reporting

- Understanding Conflict Minerals Provisions

- The Impact of Dodd-Frank and Conflict Minerals Reforms on Eastern Congo's War

- Conflict Minerals 101 and Conflict Gold 101 Videos

- Activist Brief - Striking Gold: Why the Illicit Gold Trade in Eastern Congo Matters

 

Brandeis University Goes Conflict-Free

Date: 
May 21, 2015

 

$4 Million Annual Electronics Purchase Policy to Support Peace in Congo

May 21, 2015 - Student activists are celebrating the announcement from Brandeis University of a new policy to ensure computers and other electronic equipment they purchase are not connected to killing, child abductions, and sexual violence in the mining sector of the Democratic Republic of the Congo.

Spurred by an international student movement called the Conflict-Free Campus Initiative, the procurement policy requires that the makers of all of the university's most commonly purchased electronic equipment be surveyed to determine possible connections to illegal mining and smuggling in eastern Congo by violent armed groups.

Annie CallawaySenior Advocacy Associate at the Enough Project, said: "The Brandeis resolution shows how far the conflict-free movement has come. Brandeis is the 19th school worldwide to change its procurement policy to favor companies working to make their products conflict-free and support the livelihoods of Congolese miners and their communities. Thanks to the hard work of students leading the Conflict-Free Campus Initiative at Brandeis, the university has taken an important extra step by committing to survey companies on their conflict mineral policies. This proactive industry engagement by Brandeis will further amplify the call for products made with conflict-free minerals sourced from eastern Congo.”

Gina GkoulgkountinaConflict-Free Campus Initiative (CFCI) student leader at Brandeis, said: "After 3 years working to pass a conflict-free procurement resolution, I am proud to see Brandeis joining the growing community of schools actively supporting peace in Congo. Working with the Library and Technology Services, procurement and administration staff to achieve this has been an incredibly rewarding experience. I am confident Brandeis will implement this critical policy in a thorough, responsible manner."

Lisa M. Lynch, Ph.D., Provost and Senior Vice President for Academic Affairs and Hexter Professor of Social and Economic Policy at Brandeis University, said: "From the founding of the university, a special characteristic of Brandeis students has been how profoundly they care about people around the world and take action to address problems faced by the most vulnerable. Today, I am extremely proud of our students and their initiative to address the human tragedies caused by conflict minerals. After advocacy by our students who are involved with the Enough Project, our policy committee voted unanimously to ask the suppliers of our most commonly purchased and leased electronic items (desktop and laptop computers, printers, scanners, and copiers) to show due diligence in auditing the sources and provenance of potential conflict minerals in their supply chain."

Brandeis spends an estimated $4 million annually on computers and other products that are potentially affected by the new “conflict-free” policy. The resolution builds momentum for statewide conflict minerals legislation in Massachusetts.

For media inquiries or interview requests, please contact: Greg Hittelman, +1 310-717-0606gh@enoughproject.org 

###

ABOUT THE ENOUGH PROJECT

For media use, short version: "The Enough Project, an atrocity prevention research and policy group."

The Enough Project is a project of the Center for American Progress aiming to end genocide and crimes against humanity. Founded in 2007, Enough focuses on the crises in Sudan, South Sudan, eastern Congo, Central African Republic, Somalia, and areas affected by the Lord’s Resistance Army. Enough conducts intensive field research in conflict zones, develops practical policies to address these crises, and shares sensible tools to empower citizens and groups working for change. For more information, visit www.EnoughProject.org

ABOUT THE CONFLICT-FREE CAMPUS INITIATIVE

An initiative of the Enough Project’s “Raise Hope for Congo” campaign, the Conflict-Free Campus Initiative (CFCI) draws on the power of student leadership and activism to help support peace in the Democratic Republic of the Congo. By encouraging university officials and stakeholders - both of whom are large purchasers of electronics and powerful spokespersons - to commit to measures that pressure electronics companies to responsibly invest in the minerals sector, students are voicing the demand for conflict-free products from Congo. Comprehensive reform is needed in Congo to bring about sustainable peace - now is the time is for students to lead the conflict-free movement. Join us: www.raisehopeforcongo.org/campus

New Congo Report: Congo’s Conflict Gold Rush and How to Counter it

A trade in illegally mined and smuggled “conflict gold” is fueling both high-level military corruption and violent rebel groups in eastern Democratic Republic of the Congo (DRC), according to a new report by the Enough Project. “Congo’s Conflict Gold Rush: Bringing gold into the legal trade in the Democratic Republic of Congo,” by the Enough Project’s Fidel Bafilemba and Sasha Lezhnev, offers an in-depth portrait of the conflict gold supply chain, from muddy artisanal mines where gold is dug out with shovels and pick-axes, through illicit transport routes in Uganda, Burundi, and Dubai. Based on seven months of field research at mines and in regional capitals, the report provides an in-depth discussion of solutions to the conflict gold supply chain. The U.S. government, European Union, jewelers, socially responsible investors, the World Bank, and activists all have important roles to play.  Read More »

Dr. Denis Mukwege Pens NY Times Op-Ed on 'Conflict Minerals'

This op-ed originally appeared on The New York Times and was written by Dr. Denis Mukwege, the founder and medical director of the Panzi Hospital in Bukavu, and founder of the PanziFoundation USA.  Read More »

Congo's Conflict Gold Rush: Bringing Gold into the Legal Trade in the Democratic Republic of the Congo

A trade in illegally mined and smuggled “conflict gold” is fueling both high-level military corruption and violent rebel groups in eastern Democratic Republic of the Congo (DRC), according to a new report by the Enough Project. “Congo’s Conflict Gold Rush: Bringing gold into the legal trade in the Democratic Republic of Congo,” by the Enough Project’s Fidel Bafilemba and Sasha Lezhnev, offers an in-depth portrait of the conflict gold supply chain, from muddy artisanal mines where gold is dug out with shovels and pick-axes, through illicit transport routes in Uganda, Burundi, and Dubai. Based on seven months of field research at mines and in regional capitals, the report provides an in-depth discussion of solutions to the conflict gold supply chain.

Claire Underwood Calls for Investment in Congo’s Mineral Sector – Grab Lunch with Her and Talk it Over

House of Cards actor and Enough Project upstander Robin Wright wants you to join her for lunch on the set of the hit television series to talk politics, power, and maybe even Congo. It only costs $10 and the funds benefit Enough’s Raise Hope for Congo campaign.  Read More »

Ending Grand Theft on a Global Scale: Prosecuting the War Crime of Pillage

M23 rebel fighters north of Goma, DRC (2012) AP Photo/Jerome Delay

In Enough Project Policy Analyst Holly Dranginis’ latest report, Grand Theft Global: Prosecuting the War Crime of Natural Resource Pillage in the Democratic Republic of Congo, Dranginis provides an inside look at why the widespread theft of minerals in Congo has gone on unpunished, and how policymakers and legal practitioners can help advance cases.  Grand Theft Global is the result of research in Congo, The Hague, and Washington, DC, including dozens of interviews with Congolese attorneys, international prosecutors, and local communities affected by pillage and the violence it enables.  Read More »

Grand Theft Global - Prosecuting the War Crime of Natural Resource Pillage in the Democratic Republic of the Congo

From the Islamic State of Iraq and the Levant (ISIL) to the Lord’s Resistance Army (LRA) to Al-Shabaab, many of the world’s most infamous and destabilizing armed actors today finance their activities in part through the illegal exploitation and trade of natural resources. Theft in the context of armed conflict constitutes the war crime of pillage, which is punishable in most domestic jurisdictions and at the International Criminal Court (ICC).

Depuis l'État islamique d'Irak et du Levant (ISIL : Islamic State of Irak and the Levant) de l’Armée de Résistance du Seigneur (LRA : Lord’s Resistance Army) jusqu'à  Al-Shabaab, de nombreuses forces armées, les plus infâmes et les plus déstabilisatrices du monde d’aujourd'hui, financent en partie leurs activités grâce au trafic et à l'exploitation illicites des ressources naturelles. Tout vol commis dans le cadre des conflits armés est considéré comme crime de guerre de pillage, lequel est punissable dans la plupart des juridictions nationales ainsi qu’à la Cour Pénale Internationale (CPI).

ThinkProgress: 9 Things You Need to Know about Conflict Minerals

The armed conflict in eastern Congo that has killed over 5.4 million people is financed largely by trading minerals used in an array of common consumer products around the world, from electronics to jewelry. Recent critiques by the Cato Institute and in the Washington Post have questioned whether current local and international initiatives to combat the problem are causing more harm than good. Last month, the Enough Project’s U.S. and Congo-based teams visited mining communities in eastern Congo to get an updated assessment on conflict minerals. To help you better understand what's at stake, we've provided 9 things you need to know about conflict minerals on ThinkProgress.  Read More »

Going for Gold: Engaging the Jewelry Industry in Responsible Gold Sourcing in Africa’s Great Lakes Region

In the Democratic Republic of the Congo (“Congo”), gold is a major financial lifeline for armed actors. Fortunately, jewelry retailers and consumers can play important roles to help end the conflict gold trade and the suffering it causes, together with the actions of governments. The Enough Project has engaged with the largest jewelry retailers in an effort to encourage companies to use their power and resources in more robust, effective ways to support responsible sourcing in Congo and the Great Lakes Region. Two companies in particular—Tiffany & Co. and Signet Jewelers—have demonstrated clear leadership in beginning to address the conflict gold issue by taking proactive steps to set up supply chain controls, contribute to solutions on the ground in Congo, and support the communities affected by mining and violence in Congo.

Learn More About the #CongoGold Jewelry Leader Review and Campaign here.


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