Point of Origin - Status Report on the Impact of Dodd-Frank 1502 in Congo
Publisher: Enough Project
Author(s): Holly Dranginis
Date: 2016
Topics: Conflict Causes, Extractive Resources
Countries: Congo (DRC)
Section 1502 of the Dodd-Frank Wall Street Reform and Consumer Protection Act (Dodd-Frank 1502) and the U.S. Securities and Exchange Commission’s (SEC) Conflict Minerals Rule have improved global minerals supply chain transparency and begun to help break links between the minerals trade and violent conflict in the eastern Democratic Republic of Congo. For nearly two decades, illicit mining and minerals trafficking – primarily in tin, tantalum, tungsten, and gold (“3TG”) – have provided significant financing to a range of armed groups as well as corrupt and abusive elements of the Congolese army.
Minerals were not among the initial causes of Congo’s armed conflict, but they have fueled many of the groups that have perpetrated serious crimes there. The ties between illicit mining and violence are also distinctly regional in nature. Smuggling, trafficking, and illegal minerals taxation in Congo and the region implicate authorities and criminal networks in neighboring countries including Rwanda, Uganda, and Burundi.
Based on 2015 and 2016 field research in eastern Congo with miners, traders, human rights activists, civil society leaders, foreign industry experts, and others, the Enough Project found a number of key developments pertaining to Dodd-Frank 1502 and mining reforms in eastern Congo. They include positive advances corresponding to the stated purpose of Section 1502 such as increased security for civilians in some mining areas, a significant reduction in armed group control in 3T mining areas, improved safety and health standards for miners in some mining areas, organized local advocacy in support of reforms, in-region development initiatives, and the initial implementation of the region’s first system to assess mines and certify minerals as conflict-free.
According to current Congolese mining ministry records, multi-stakeholder teams have now assessed 193 mines in eastern Congo on conflict and child labor issues, and 166 of the mines have passed the assessments. Moreover, a record amount of certified conflict-free tantalum was exported from eastern Congo in 2015 – 948 tons, a 19 percent increase over the 2014 record, and a 387 percent increase over 2013 – and 70 percent of tin, tantalum, and tungsten mines assessed by IPIS in 2014 were conflict-free. In addition, the International Conference on the Great Lakes Region (ICGLR) is conducting audits of six minerals exporters and hired its inspector general for minerals, the Independent Mineral Chain Auditor (IMCA), in January 2016.
Enough also found that a number of problems remain. Those include ongoing security threats in communities near mines, especially gold mines. Elsewhere in eastern Congo, research found corruption in the traceability system, limited access to formal markets or alternative livelihoods by artisanal miners, an insufficient number of legal artisanal mining zones, and continued minerals smuggling, especially from eastern Congo into Rwanda. To address these problems, reforms and new initiatives are needed, including more alternative livelihood programs for artisanal miners, additional and more transparent programs to trace and verify the conflict status and origin of minerals, the designation of more artisanal mining zones, more efficient and regular mine validations, security monitoring along trading routes in addition to mine sites, and accountability for minerals smuggling and corruption crimes that undermine current traceability mechanisms.
Dodd-Frank 1502 and related reforms are an important part of a much broader peacebuilding and good governance effort in Congo that must be further expanded. Reforms in support of better governance and security, justice for atrocity crimes, and free and fair elections in 2016 are also critical for the achievement of goals like local economic growth and security. The impact of mining reforms and conflict minerals disclosure reports cannot be accurately measured without those other factors in mind.
One of the core objectives of Section 1502 is to “address the linkages between human rights abuses, armed groups, mining of conflict minerals, and commercial products.” The law was never intended as a panacea for the causes of the war, but instead as one way to help reduce the resources available to armed groups in Congo and improve supply chain transparency. The law requires public U.S. companies with products containing tin, tantalum, tungsten, or gold that might originate from the DRC or surrounding countries to report on their supply chain due diligence measures. It also mandates the U.S. Department of State, in consultation with the U.S. Agency for International Development (USAID), to develop a strategy to “promote peace and security in the Democratic Republic of the Congo.” The original House of Representatives bill called for $20 million to implement the law, including funding for improving the lives of artisanal miners. Despite the best efforts of some of the bill’s advocates, that allocation was not included in the final version.
Several efforts have attempted to address remaining needs, including by the following agencies: USAID through two wide-ranging responsible minerals trade projects, the Public-Private Alliance for Responsible Minerals Trade, Partnership Africa Canada, and Germany’s Federal Institute for Geosciences and Natural Resources (BGR). In addition, U.S. Special Envoy to the Great Lakes Region Tom Perriello has begun to focus more on conflict minerals and economics following a January 2016 mine visit to eastern Congo, and the U.S. State Department is in the process of helping establish a new initiative to support the prosecution of economic crimes in Congo’s military justice system. However, significant gaps remain related to livelihoods and the prosecution of high-level perpetrators of pillage, human rights, and corruption crimes.
In order to preserve positive momentum and address problems, policymakers, companies, civil society, and justice officials should take specific actions outlined below. A conflict-free minerals trade that benefits the population is possible for the Great Lakes region, and more must be done to build on initial successes and meet urgent needs.