Conflict Minerals in the Congo

Conflict minerals are at the helm of corrupt violence and the source of clandestine financial support of armed groups in the eastern sector of the Democratic Republic of the Congo in Africa creating an emergency humanitarian crisis ("Progress and Challenges”). The minerals associated with the armed conflict are gold, in addition to tin, tantalum, and tungsten, otherwise known as the 3Ts. The illicit enterprises have made over $185 million from the exploitation of the minerals, have inspired the deaths of over 5 million people since 1998, and have also been responsible for sexual violence. Over 2 million people have been displaced since the beginnings of the conflict. The catastrophe has been described as the most deadly struggle since the atrocities committed in World War II. Global manufacturers, such as Apple, have had a hand in the violence as a result of their overwhelming need for these minerals which serve as foundational components for many of their products. As a result of manufacturers’ continuous need for the resources and components, purchasing minerals from conflict regions fuels the expansion and power of these armed groups ("Progress and Challenges”). 

The Armed Groups

The Congo experienced several wars involving conflict with just under ten countries and over forty rebel groups (“Armed Groups”). This number has boiled down to just three remaining armed groups the Rwanda and Uganda supported M23; local armed Mai Mai groups, and the Rwandan Hutu FDLR. In addition to these groups, the people have suffered from humanitarian abuses from members of the Congolese army, as well. Each of these armed groups has tried to take control of the country’s natural resources in the mines to finance their ongoing conflicts. In a recent uprising, entitled M23, three hundred soldiers severed ties from the FARDC, the Armed Forces of the Democratic Republic of the Congo army. The mutiny occurred because the dissidents said that the government failed to meet its obligations from the peace agreements signed in 2009. The name M23 refers to the date of this failed agreement. At one point the M23 had numerous troops including those from Congolese armed groups. Many villagers were displaced as a result of the fighting. In 2013, the M23 were brought down (“Armed Groups”).

Sexual Violence in the Congo

Part of the tools used to control the villagers is gang rape, rapes in conjunction with death or injury, and abductions ("Sexual Violence"). Thousands upon thousands of women and girls have been sexually abused by members of the armed groups and the Congolese National Army. The women in these communities represent the backbone of the Congolese society. There is hardly any medical support for victims. If available, many of the women are simply too ashamed to get help, and then endure being shunned by their family or those in their community. In addition, some children are forced to work in dangerous mines and extract minerals like their adult counterparts ("Sexual Violence"). 

The Congo Conflict Mineral Process

Conflict mineral mines are located in countries like the Congo ("Conflict Minerals"). Minerals, such as gold, are used by assemblers to coat wires used in many products. Gold is an extremely valued metal used inside cell phones and laptops. Tantalum conducts electricity so that our phones remain powered. Tin is used for soldering on circuit boards used in computers and phones. Tungsten is a mineral that allows our cell phones to vibrate. Villagers extract the minerals in the Congo from mines controlled by mafia-like armed groups. The armed thugs then tax the mine owner for their share of the profits. As the minerals are smuggled from the Congo to nearby countries, such as Uganda and Rwanda, other armed groups tax or steal the minerals from the smugglers at various smuggle points. The armed groups often use rape or the threat of rape to intimidate the villagers or to punish them for supporting other armed groups ("Conflict Minerals"). The armed thugs use the money to buy more guns, assault rifles and explosives. Once the minerals arrive at the border, they are shipped to countries in Asia, like Malaysia, China, Thailand or India to be used as natural resources for the smelting process. While in these Asian countries, the Congo minerals get mixed with other minerals from around the world, making them hard, but not impossible to trace. Afterward, the 3t minerals and gold are transformed into technology components and are shipped all over the globe to be placed in our favorite products like video games systems, phones, iPods and laptops. The only way to reduce the abuse to these innocent victims, who are suffering such egregious atrocities, is to create consumer demand for conflict-free products ("Conflict Minerals").

The Dodd-Frank Legislation

The Dodd-Frank Wall Street Reform and Consumer Protection Act (The Act) was signed into law in 2010 ("Specialized Corporate Disclosure"). The legislation was created to solve many of the fiscal ills that took place during the financial crisis within the securities industries and Wall Street. Among its many points of focus is the disclosure of the use of conflict minerals by companies required to file reports with the U. S. Securities and Exchange Commission under the Exchange Act. The Act requires: persons to disclose annually whether any conflict minerals that are necessary to the functionality or production of a product of the person, as defined in the provision, originated in the Democratic Republic of the Congo or an adjoining country and, if so, to provide a report describing, among other matters, the measures taken to exercise due diligence on the source and chain of custody of those minerals, which must include an independent private sector audit of the report that is certified by the person filing the report ("Specialized Corporate Disclosure"). 

The legislation makes it incumbent upon manufacturers who use any of the four named minerals in their products to engage in due diligence efforts to determine where their minerals originate. The Act has made supply chains more transparent and has also reduced the amount of conflict mines in the Congo ("Progress and Challenges”). Almost a full two thirds of smelting companies for the target minerals have successfully passed muster on their audits. Prior to The Act, there was no measure to determine conflict free mines from those that are controlled by violent armed groups, also, there were no were no federal requirements seeking corporate transparency. The Act has created a system where conflict minerals are extremely lower in price than conflict free audited minerals, making conflict minerals much less profitable for illicit players ("Progress and Challenges”).

The Act and worldwide awareness of the problems has had a major impact on Congolese communities ("Progress and Challenges”). The severe reduction in income has required livelihood changes for many. Yet, numerous leaders and members are in support of the law and are pleased with its outcome. Leaders like Sakharov Prize winner and Nobel Peace Prize nominee, Dr. Denis Mukwege, see the changes and are delighted by the results. On this Dr Mukwege said:

A conflict-free minerals industry would contribute to ending the unspeakable violence the people of Congo have endured for years. Government must not only enact strong legislation, they must be willing to enforce the law. . .Tens of thousands of legitimate miners would benefit from a clean, transparent minerals industry…The mineral trade is one of the components that drive suffering in Congo ("Progress and Challenges”).

Apple and its Transitional Efforts at Conflict Free Transparency

 Apple has made a concerted effort to provide transparency in its supply chain operations, and has stated that the company is auditing all of its suppliers for conflict mineral use from violent militia groups in the Democratic Republic of the Congo (Chasen). Apple has been consistently making efforts to disassociate from providers who are obtaining their resources from the Congo. The corporation’s refiners and smelters of the four subject minerals are now all subjected to auditing by third-party companies. Each year Apple has made significant inroads into eliminating non-conflict free intermediaries. Rather than just walking away from their suppliers, they decided to work with them to achieve their goals. Having a major impact was their goal, so they tried to work with as many smelters as they could. Apple incorporates the minerals in the processors used by their cell phones, in screen displays and in its motherboards. The Security and Exchange Commission has a least 1,300 businesses that file reports on their conflict minerals management every year, yet not all companies have been able to ensure that their components are 100% conflict minerals free. Intel and Kemet Corp. advertise that they offer conflict free products. Apple has been very aggressive in its efforts to be conflict free. The company has used persuasion, encouragement and has even resorted to embarrassment techniques, to get smelting companies to get on board. As a final measure, in 2014, Apple said that it would discontinue contracts with several smelters because of their refusal to participate in the auditing process. Conflict-Free Source Initiative, a company that performs audits for companies, including Apple, says that they are now auditing 214 companies, versus the two that they were auditing in 2010.

Conflict Free in the Congo

The Dodd-Frank legislation has had a tremendous impact on the Congolese mines (Lezhnev). The combination of the Dodd-Frank legislation and the worldwide attention given to the problem, have reduced the unfettered benefits to many of the armed groups. Teams are now visiting mines in the eastern Democratic Republic of Congo. Their investigation of the mines is to determine if the mine is actually conflict free. The assessment checks for the existence of armed groups, the existence of labor by children or labor by pregnant women. The assessment process is the first step in a number of steps to ensure that the mines are properly operated and conflict free. If the mine is determined to be conflict free, it will be certified as such. The teams, funded by USAID and Germany’s Federal Institute for Geosciences and Natural Resources, include persons from Congolese civil society, business, and the United Nations. Of the 180 mines reviewed so far, 141 have been validated as conflict free. The certification teams have a long way to go, but it is a start, and it is great to know that when the world comes together to solve big problems, big things can be accomplished.

Works Cited

"Armed Groups." Raise Hope for Congo. Enough Project. n. d. Web. 3 July 2016. <http://www.raisehopeforcongo.org/content/armed-groups>.

Chasan, Emily. "Apple Says Supply Chain Now 100% Audited for Conflict Minerals." Bloomberg Technology. Bloomberg, LLP. 30 March 2016. Web. 3 July 2016. <http://www.bloomberg.com/news/articles/2016-03-30/apple-says-supply-chain-now-100-audited-for-conflict-minerals>.

"Conflict Minerals." Raise Hope for Congo. Enough Project. n. d. Web. 3 July 2016. <http://www.raisehopeforcongo.org/content/conflict-minerals>.

Lezhnev, Sasha. "Over 140 Mines in Congo are Now Officially Conflict-Free: the Latest List ." Raise Hope for Congo. Enough Project.17 August 2015. Web. 3 July 2016. <http://www.enoughproject.org/blogs/over-140-mines-congo-are-now-officially-conflict-free-latest-list>.

"Progress and Challenges on Conflict Minerals: Facts on Dodd-Frank 1502." Enough Project. n. d. Web. 3 July 2016. <http://www.enoughproject.org/special-topics/progress-and-challenges-conflict-minerals-facts-dodd-frank-1502>.

"Sexual Violence." Raise Hope for Congo. Enough Project. n. d. Web. 3 July 2016. <http://www.raisehopeforcongo.org/content/sexual-violence>.

"Specialized Corporate Disclosure." U. S. Securities and Exchange Commission. n. d. Web. 3 July 2016.<https://www.sec.gov/spotlight/dodd-frank/speccorpdisclosure.shtml>.

"The Crisis." Raise Hope for Congo. Enough Project. n. d. Web. 3 July 2016. <http://www.raisehopeforcongo.org/content/crisis>.