Highlights of technical workshop
 - “Practical Mechanisms to Combat the Militarization of Natural Resources
      in the D R Congo.”

In collaboration with the Permanent Mission of Germany to the United Nations and the Open Society Institute, the Center on International Cooperation convened leading independent experts in a two-day meeting on December 3-4, 2009:  “Practical Mechanisms to Combat the Militarization of Natural Resources in the DR Congo.”

Workshop Objective: 

Through constructive dialogue among leading independent experts on the issue of natural resources and conflict in the DRC, we seek to identify common ground and consensus regarding synergies, sequencing, complementarity, and prioritization of potential or existing measures to combat the militarization of mining in the short to medium term.

The economy of the eastern Congo is highly militarized and the trade in minerals as a key element of the economy plays a central role in funding non-state armed groups and units of the Congolese army. This trade sustains and perpetuates the conflict in the East and undermines effective security sector reform. Addressing the linkage between natural resources and conflict is a critical part of the solution.

The group expresses deep concern about the egregious human rights abuses committed by all warring parties to the conflict.   

The Context of the Eastern Congo:

• The relationship between militarization and natural resources varies across the East.  In some cases, armed groups and military units may be highly dependent on a particular mine or mineral sector. In other cases, mineral resources may be one of many sources of income. Any policy solutions must recognize and account for this diversity.
• It is necessary to establish new mechanisms or reform existing institutions to regulate and police mining exploitation and trade; any proposal should engage local institutions, in particular, the mining ministry but also communities of miners.
• Militarization of mining involves both rebel forces and national army units and commanders accountable to the Congolese government.
• As part of any long term solution, policy makers should develop a strategy for formalizing and developing the mineral sector of the eastern Congo. Because these minerals are being traded through both the formal and informal sectors, however, strategies must be developed to reform both sectors.
• The conditions that artisanal miners face in the eastern Congo are often destructive and degrading for those at the bottom of the hierarchy. Any policy recommendations must include recommendations for improving working conditions, while taking into account that hundreds of thousands of Congolese currently rely on mining for their livelihoods. 
• Regional state and non-state actors continue to play a role in facilitating the trade in minerals benefiting armed groups and military units. In order to successfully reform the minerals trade in the Congo, the current engagement on the regional level needs to be reinforced. Policy reforms should be in view of increasing formal trade in the region and might include tax code harmonization and the development of a multilateral certification scheme.  

Due Diligence and Certification:

The purpose of due diligence and certification is to exclude from the trade those minerals benefiting armed groups and military units.  Due diligence should be undertaken immediately by companies.  Governments should monitor and enforce this due diligence and consider legislation.

• Definition of due diligence: Actors making good faith and verifiable efforts, relying on field research, documents and third party verification, to determine the conditions under which minerals are mined and brought to market.
•  Substantial due diligence by industry, national government, and international organizations should be undertaken immediately in order to determine the conditions in which the minerals are mined and brought to market. Due diligence can identify serious problems in the supply chain and contribute to enforceable standards. 
• At a minimum, standards for allowing minerals on to the international market should take into account militarization of mining sites and the subsequent process of bringing minerals to market as well as the serious human rights violations affecting workers and communities.
• The results of due diligence efforts should be public.
• Companies need to exercise due diligence to the supply chain to make sure their activities don’t fund armed actors involved in human rights abuses. 
    Company traces paper trail of minerals to origins.
    Company institutes internal audits on ground levels.
    Company refuses to purchase minerals that lack evidence proving minerals
    are not from conflict mines.
• An international monitoring mechanism should examine company auditing bodies and provide an international regulatory framework. This body would ideally function with Security Council backing. 
• A robust national third party enforcement mechanism should also be established, which is officially mandated by the Congolese government and independently funded.  This body would:
    Establish a norm with the Congolese government that would set out the
    definition of illegal activity and establish a sanctioning mechanism as well.
    Provide spot checks along the supply chain and at mining sites which would
    administratively sanction those members of the supply chain knowingly
    colluding with abusive armed actors.
    Include a targeted, but more comprehensive mapping component that
    would be regularly updated. 
    These maps would detail
       (i) locations of mines,
      (ii) traffic routes for minerals, and
      (iii) the human rights situation in mining areas in strong coordination with
           OHCHR.
• Comprehensive certification of origins and the conditions of production is an important goal but should not be a pretext for inaction.   

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