New U.N. Report: U.S. Conflict Minerals Law Having Impact in Congo
Posted by Sasha Lezhnev on Jun 16, 2011

The United Nations Group of Experts on Congo issued their latest
report this week, highlighting that the Dodd-Frank legislation on
conflict minerals is spurring reform in eastern Congo. The U.N.
experts group is normally one of the best sources of information on
eastern Congo, as they dig into the roots of the conflict and are not
afraid to name officials who are helping perpetuate the war. This
interim report, which will be followed up by a full investigative
report in November, brought out several key issues regarding both
eastern Congo and the LRA conflict:

The Dodd-Frank bill is having an impact. U.N. report: "Since its
development in 2010, this United States legislation has proved an
important catalyst for traceability and certification initiatives and
due diligence implementation in the minerals sector regionally and
internationally."

The Congolese army is being investigated for smuggling minerals. U.N.
report: "The Group is verifying reports that certain FARDC elements
used the suspension as a pretext to confiscate minerals, to levy
illegal taxes on operators entering mining sites, or simply to take
over mining sites. The Group will also seek to corroborate allegations
of the use of military vehicles and military intervention at borders
to facilitate the illegal export of natural resources during the
suspension. The Group is concerned that such practices established
during the suspension are likely to continue today, owing to the high
incentive to avoid export duties."

The Congolese army is starting to pull out of mines. They are being
replaced with mining police in some areas, which would be a small step
in the direction. But if this is to be a real improvement,
accountability systems for crimes and oversight from the U.N.
peacekeeping force are needed for these police. U.N. report: "FARDC
representatives promised the immediate withdrawal of troops from
selected sites once the Mining Police are ready for deployment.
According to a deployment plan submitted by the provincial police to
the provincial Governor on 25 March 2011, 140 members of the Mining
Police are to be deployed at six sites in Walikale territory supplying
the centre de négoce of Isanga. MONUSCO has trained these mining
police forces and is ready to assist their deployment, which had not
begun by mid-May, however.”

MONUSCO can help on conflict minerals. This is significant, as
MONUSCO, the world's largest peacekeeping operation, could help
provide security close to mines. Enough has lobbied the U.N. for this
in recent weeks. U.N. report: "MONUSCO is also supposed to monitor the
zones and the supply routes around the centres in order to contribute
to the stability of the environment, although further definition of
this role is urgently needed. Accompanying national officials in
regular spot checks and monitoring visits remains an option that the
Group would strongly encourage."

LRA attacks are increasing. This is an alarming trend. U.N. report:
"The LRA has mounted increasingly brazen attacks by larger groups of
fighters against FARDC outposts with the aim of seizing weapons and
ammunition. There were at least eight attacks on FARDC targets between
January and mid-April 2011, three of them in the month of March
alone.”

Contradictory evidence on the FDLR: Reorganizing but negotiating
ceasefires. U.N. report: "Operations against the armed group have
slowed down, allowing its cadres to train mid-level commanders and new
recruits in Walikale territory, North Kivu. ... FDLR have sought to
reinforce their presence in Rutshuru territory, and there are
indications that their strongest battalion,... may be redeployed there
soon.  ... according to government officials of the Democratic
Republic of the Congo and FARDC officers, FDLR have recently sought to
negotiate a ceasefire in exchange for disarmament and relocation,
possibly to Maniema Province."

FDLR is attacking old allies in order to get weapons. The FDLR may be
losing money from the minerals trade and are possibly working on
alternative strategies. U.N. report: "On multiple occasions in recent
months, FDLR have attacked former allies, including Mai Mai Akilo and
Mai Mai Sheka apparently in order to retrieve weapons they provided to
those groups or to undermine negotiations with FARDC."

Mai Mai "civil defense" militias are still at minerals sites. U.N.
report: "Mai Mai Sheka units continue to be present in areas north of
the Osso River in Walikale territory and are actively involved in the
gold and diamond trades, re-establishing links with FDLR that had
apparently been suspended to facilitate negotiations."

Photo: Miner in North Kivu (Enough/Laura Heaton)

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