Since January 2009 DRC and Rwanda have joined in an operation to rout the FDLR, a rebel group made up of former Hutu perpetrators of the Rwandan genocide, from eastern Congo. The operation, known as Kimia II (“calm” in Kinyaswahilli), has left hundreds of thousands of Congolese civilians in danger – both from advancing Congolese-Rwandan forces and reprisal killings by the FDLR. The operation has taken an overwhelming toll on the civilian population and expanded an already dramatic humanitarian disaster there. Since January 2009, Kimia II has resulted in 1,000 civilians killed, 7,000 raped, 6,000 homes burned and 900,000 forced from their homes. Only 1071 FDLR rebels have been demobilized as a consequence, a result that many advocacy groups and NGOs are calling unacceptable. A recent report by the UN Group of Experts in Congo, leaked to the press in late November, corroborates this concern. The report shows that the operations against the FDLR have failed to dismantle the organization’s political and military structures on the ground in eastern DRC. Though some small amount of soldiers have been demobilized, the FDLR’s power structures have remained intact and the FDLR has increased recruiting of new fighters to restore its ranks.

The UN Group of Experts report also details how armed groups in the eastern Congo – the FDLR, the Congolese army and other armed groups that are often supported by neighboring countries – are making millions of dollars from an illegal trade in gold, tin, tantalum and tungsten. Many of the armed groups carry out mafia-like racketeering and “protection” schemes around mines and mineral smuggling routes, often in complicity with regional governments as well as local and international businessmen. Businesses and individuals in United States, China, France, the Russian Federation, the United Kingdom, Thailand, Malaysia, India, Rwanda, Burundi and Uganda have been implicated in this illegal trade.

Congo’s conflict minerals, namely tin, tantalum, tungsten and gold, are used in electronic devices such as cell phones and laptops. Two important pieces of legislation that address the issue of conflict minerals are currently awaiting action in the House and Senate. In the House, the Conflict Minerals Trade Act demands greater transparency and accountability from those companies whose products contain these mineral ores or their derivatives. If passed, this bill would create a system of audits and import declarations that would distinguish those goods imported into the United States that contain conflict minerals. The resulting transparency would be an important step forward in helping break the links between the mineral trade and human rights violations in Congo.

Specifically, The U.S. government would identify those commercial goods that could contain conflict minerals, approve a list of independent monitoring groups qualified to audit the worldwide processing facilities for these minerals, and eventually restrict the importation of minerals to those from audited facilities. Importers of these goods would have to certify on their customs declaration that their goods “contain conflict minerals” or are “conflict mineral free” based upon this audit system. The audits would determine the mines of origin for processed materials, verify the chain of custody and verify information provided by suppliers through investigations in the DRC and other countries.

In the Senate, the Congo Conflict Minerals Act of 2009 directs the State Department to support multilateral and U.S. government efforts to break the link between the trade in minerals and armed conflict in eastern Congo. Specific measures include:  

• Support for further investigations by the UN Group of Experts on Congo;
• Mapping of which armed groups control key mines in eastern Congo;
• Development of a U.S. government strategy to address conflict minerals;
• Inclusion of information on the negative impact of mineral exploitation and trade on human rights in Congo in the annual human rights reports; and,
• Guidance for companies to exercise due diligence.

In a further positive direction, the bill demands greater transparency and accountability from companies: all companies listed on U.S. stock exchanges – including major electronics companies which are among the largest end-buyers of some of these minerals would have to disclose the origin of their supplies to the U.S. Securities and Exchange Commission. For those minerals coming from Congo or neighboring countries, companies would need to disclose the precise mine of origin. Finally, the bill calls for expanded U.S. efforts to improve conditions and livelihoods for communities in eastern Congo who are dependent upon mining.