U.S. Policy

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

 

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Date: 
Jan 13, 2015
Author: 
Enough Team

January 13, 2015 --- Dominic Ongwen, one of the most senior commanders of the Lord's Resistance Army (LRA), will be transferred to the International Criminal Court (ICC), according to the U.S. State Department. Enough Project analysts are available for interviews, background on Ongwen, and expert commentary on the LRA and significance of the ICC referral in this case.

Kasper Agger, Enough Project LRA expert and Uganda-based field researcher, said: “The transfer of Dominic Ongwen to the ICC is a major victory for the thousands of LRA victims and a chance for Ongwen to go through a fair trial. Hopefully this can draw attention to massive rebuilding tasks in LRA affected areas, including the need for a comprehensive reconciliation and transitional justice process in Northern Uganda.”

Holly Dranginis, Enough Project Policy Analyst, said: “Ongwen's transfer to the ICC is  historic - a victory for the victims of the LRA's brutality, many of whom have been bravely demanding justice for over a decade now. It's also a welcome confirmation that the United States is increasingly supportive of the ICC's efforts in this region. The next step is for Ongwen to have a fair and thorough trial, with full consideration of crimes committed against him as a child, and robust protection for victims and witnesses.”

Abducted by the LRA at the age of 10, Ongwen rose in the ranks of the militia as a protégé of LRA leader Joseph Kony, and has been indicted by the ICC for multiple crimes against humanity including murder, pillaging, and enslavement.

More information:

  • Enough Project statement on ICC referral in the Ongwen case: http://eno.ug/1sf99WO
  • More background, expert commentary, and recent media coverage on the Ongwen case: http://eno.ug/1x5IkQr
  • Interview with Kasper Agger - From the Bloody Trail of Kony’s LRA (December 24, 2014): http://eno.ug/1CVSRD6
  • Briefing report on LRA illicit funding - Kony to LRA: “Bring me ivory, gold, and diamonds” (November 19, 2014): http://eno.ug/1uZL7OE

For media inquiries or interview requests, please contact: Greg Hittelman,  +1 310-717-

0606, gh@enoughproject.org

###

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, and areas affected by the Lord’s Resistance Army. Enough conducts intensive field research, develops practical policies to address these crises, and shares sensible tools to empower citizens and groups working for change. To learn more: www.enoughproject.org.

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