SAIIA Natural Resource Thery in Africa, J'burg, 27 November 2012

1. A critical analysis of human rights due
diligence processes in mineral supply chains:
A case of conflict minerals in
the Democratic Republic of Congo
Sustainable Prosperity:
New Challenges for Natural Resource Governance Theory in Africa
SAIIA Roundtable Discussion, Johannesburg
27 November 2012
Miho Taka
Centre for Peace and Reconciliation Studies (CPRS)
miho.taka@coventry.ac.uk

2. Background –
The Democratic Republic of Congo (DRC)
• Two wars between 1996-1997 and
1998-2003 and ongoing conflict in
the eastern DRC.
• One of the worst humanitarian
crises claimed more than five
million people’s lives since 1998.
• 1.7 million IDPs (UNHCR) –
‘pendulum displacement’ (IRIN).
• 491,500 refugees in end-2011
(UNHCR).
• ‘The rape capital of the world’ (UN).
Source: World Factbook 2001, CIA

3. Background - Conflict minerals
• Numerous studies on the role of minerals exploitation in
fuelling the DRC conflict.
• Resource curse theory.
• Conflict resources are ‘natural resources whose control,
exploitation, trade, taxation, or protection contribute to,
or benefit from the context of, armed conflict’ (Le Billion
2003: 216).
• A growing demand for Tantalite, Tin, Tungsten (3Ts) and
gold from the electronics and other industries.
• Artisanal small-scale mining and informal economy in the
DRC.

4. Aims and objectives
To examine the challenges of developing and applying
human rights due diligence process in the global
minerals supply chains.
• To introduce the human rights due diligence framework.
• To review the development of multi-stakeholder
initiatives to achieve traceability and apply human rights
due diligence in the global minerals supply chains.
• To identify the challenges for the initiatives.
• To discuss the perspectives and conditions in the DRC.

5. Human rights due diligence
• The UN Business and Human Rights framework,
developed by John Ruggie, Special Representative of the
UN Secretary General in 2008.
• Three core principles: ‘the State duty to protect against
human rights abuses by third parties, including business;
the corporate social responsibility to respect human
rights ; and the need for more effective access to
remedies.’
• Due diligence defined as ‘a process whereby companies
not only ensure compliance with national laws but also
manage the risk of human rights harm with a view to
avoiding it.’

6. Applying human rights due diligence
• It is increasingly driven by the Dodd-Frank Wall Street
Reform and Consumer Protection Act, Section 1502.
• Traceability is the key.
• The nature of minerals supply chains poses enormous
challenges: artisanal small-scale mining; informal
economy; metal market; confidentiality; influence; and
costs.
• Multi-stakeholder initiatives are developed to address the
challenges.

7. Multi-stakeholder initiatives
• OECD Due Diligence Guidance for Responsible Supply Chains
of Minerals from Conflict-Affected and High-Risk Areas.
• International Conference on the Great Lakes Region (ICGLR)
Regional Certification Mechanism (RCM).
• Electronic Industry Citizenship Coalition (EICC) & Global e-
Sustainability Initiative (GeSI) Conflict Free Smelter Program
(CFS).
• International Tin Research Institute (ITRI) Tin Supply Chain
Initiatives (iTSCi).
• BGR (German Federal Institute for Geosciences and Natural
Resources) Certified Trading Chains (CTC) .
• Solution for Hope Project.

8. Discussions
• An external agenda to secure responsible raw materials.
• Negative impact on the ground.
• Obstacles for implementation in the DRC: the lack of
security and political will; artisanal small-scale mining and
mineral trade – illegal/informal activity; governance
issues.
• Missing local voices in the multi-stakeholder processes:
what is conflict minerals?; mine ownership conflict and
political conflict; poverty and the lack of infrastructures;
governance issues.