Minerals not the Only Cause of Conflict in the Great Lakes Region
The debate on conflict minerals in the Great Lakes has mostly been held in isolation, but to be effective and sustainable, efforts to tackle conflict minerals should be mainstreamed into wider conflict transformation strategies addressing the systemic core causes of conflict in the region.
Nyambura Githaiga, Researcher, Conflict Prevention and Risk Analysis Division, ISS Nairobi
The term ‘conflict minerals’ has been used in
reference to minerals that have been linked to financing conflict in the Democratic
Republic of Congo (DRC). These minerals
are tantalum, tin, tungsten and gold with the first three from the respective
ores of columbite-tantalite, cassiterite and wolframite. The debate over conflict minerals in the
Great Lakes region has captured centre stage with the mushrooming of
international, regional and national initiatives directed at stopping the flow
of the said minerals through a variety of supply chain traceability and
disclosure reporting mechanisms. Illegal exploitation of these minerals has
indeed been linked to armed conflict in the DRC, but this seemingly one-track
focus on conflict minerals has created a silo effect neglecting the systemic
issues of regional conflict and insecurity that gave rise to this
phenomenon.
While stemming the flows of these minerals
will likely impact on financing of armed conflict, it is no panacea for the
violent conflict and insecurity that plagues the Great Lakes region. If we
consider conflict in the Great Lakes as a system, it would consist of parts
such as historical grievances, unresolved trauma, socio-economic deprivation
and political failure. As a consequence
of inadequate political, security and economic administration, conflict
minerals are but a part of this system.
To be effective and sustainable, efforts to tackle conflict minerals
should be mainstreamed into wider conflict transformation strategies addressing
the systemic core causes of conflict in the region.
Comparing the tepid engagement of the
international community during DRC’s recently concluded election polls, to the
earnest debates on conflict minerals from the Great Lakes, the focus seems to
be biased towards a single dynamic in isolation of the systemic conflict issues
in the region. Arguably, the objective
of the conflict minerals debate in the Great Lakes region is not to resolve all
parts of the conflict system, however a failure of the initiatives to engage
with other elements of the conflict system will be akin to pruning a diseased
tree in lieu of uprooting it.
Some of the major initiatives to curb
conflict minerals include section 1502 of the US Dodd-Frank Wall Street Reform
and Consumer Protection Act, due diligence guidelines of both the United
Nations and the Organisation for Economic Cooperation and Development (OECD)
and the Regional Initiative on Natural Resources (RINR) of the International
Conference of the Great Lakes Region (ICGLR).
The European Union is also advocating greater compliance with the OECD
due diligence guidelines. With a
particular focus on the Great Lakes countries, the section 1502 in the US
Dodd-Frank Act requires companies listed in the US that are sourcing minerals
from DRC and neighbouring countries to issue a public report on their supply
chain due diligence to determine if their minerals are ‘DRC conflict
free’. The due diligence guidelines of
the UN and OECD, also recommend supply chain traceability. RINR of ICGLR is the regional approach that
focuses on the six aspects of certification, harmonisation, database,
formalisation, peer learning and whistleblowing.
Certain limitations to these initiatives will
impact on their feasibility. Most
striking is the lack of attention in any of the initiatives towards addressing
or collaborating with stakeholders who are addressing security and
socio-economic challenges on which conflict minerals are hinged. However, looking at the initiatives
exclusively from the objectives, which they portend, there are still
limitations to their projected efficacy.
For instance, none of these initiatives actually expressly prohibit
mining from conflict areas or trading in conflict minerals. When mining in conflict areas, the emphasis
is on disclosure and demonstrable efforts at mitigation as in the case of the
due diligence guidelines of the OECD and the UN. Without any prohibitions, it then becomes a
case of willing seller, willing buyer.
If a buyer has no concern as to the origin of the minerals, then the
trade of conflict minerals will persist albeit less visibly. It will be business as usual for countries or
companies not bound by national legislation or disinclined to adhere to
recommendations of the international bodies.
Similarly, the lack of harmonisation of these
initiatives may create onerous or supplementary demands on a mining sector that
already has significant challenges like unregulated artisanal mining. Without appropriate coordination and
harmonisation, these well meaning laws and guidelines which require
implementation and collaboration from a local level, will struggle to remain
relevant to the realities of the mining industry.
Unintended consequences will also negatively
impact on the dynamics of the conflict. First, as conflict minerals are not the
only source of funding for illegally armed groups, what is likely to occur is a
diversification of conflict financing with adverse effects on local populations
and the region as a whole. They will
then diversify their fund raising activities like illegal taxation, illegal
trade in timber and raiding local populations.
Second, conflict minerals initiatives target specific constituencies
whose compliance will temporarily create a gap that will likely be filled by
unscrupulous actors who are not bound by similar mineral regulations thus
further accenting global market disparities.
Third, companies that have to comply with new regulations and guidelines
may find the requirements burdensome enough to be dissuaded from investing in
the mineral industry of the Great Lakes region.
This will be bad for local and regional economies stigmatising minerals
from DRC and adjoining countries.
Fourth, as energies are harnessed to eliminate trade in conflict minerals,
advocacy efforts will inadvertently be derailed from core causes of the
systemic conflict in the Great Lakes.
Conflict
transformation in the Great Lakes region should go beyond the occurrence of
conflict minerals to core causes including unresolved historical grievances and
trauma, corruption, inadequate security provision, socio-economic deprivation
and inadequate state capacity to govern effectively. While initiatives to address conflict
minerals cannot realistically address all the various core causes of conflict,
they must remain cognisant of the limitations of a one-track approach that
seeks to transform just a part of a complex conflict system. Initiatives must seek to engage with relevant
stakeholders on systemic issues such as political and security administration,
socio-economic development, democracy and governance, to ensure that the
conflict minerals debate does not become an isolated issue. Governments and civil society organisation in
the region should seek to influence the on-going debates to ensure greater
consideration is paid to systemic issues beyond industry and external
stakeholders interests.