conflict minerals in the congo

As is now common knowledge, the mineral glut in the DRC has been more a source of pain rather than gain. Minerals have financed both corrupt governments and their cronies in Kinshasa and marauding rebel groups in the ungoverned corners of the vast country.

To over-simply the issue, reforms will have to tackle both angles of the problem, i.e. both Kinshasa and the plethora of armed groups will have to come clean with regard to the extraction and sale of mineral resources. Kinshasa’s hoarding of all the benefits from the trade provides a perverse legitimacy for armed groups to continue their illicit activities.

Jason Stearns, the author of Dancing In the Glory of Monsters [I highly recommend the book], has a post on the complexities surrounding conflict minerals in the DRC.

First, “cautious” is the operative word. The Congolese export ban (September 2010 – March 2011) and the US electronic industry’s embargo of untraced minerals (April 2011 – present) have caused major job losses in the Kivus, as well as played into the hands of a select elite of military commanders, including ICC-indictee Bosco Ntaganda. It is, however, important to point out that neither initiative was caused directly by the Dodd-Frank legislation in the US. Rather, the export ban was decreed by the Congolese presidency, while the industry embargo was an aggressive interpretation of the US legislation. Dodd-Frank call for companies to carry out due diligence and to report their findings; the OECD guidelines call on companies to minimize the risk of financing armed groups.

Secondly, the Malaysia Smelting Corporation (MSC), which I had reported as having signed a deal for the largest tin mines in the Kivus, has not yet officially concluded a deal. A large Congolese delegation visited Malaysia earlier this year, and MSC and their Belgian partners Traxys then came to meet with President Kabila. A “confidentiality agreement” was signed with MSC regarding the Sakima concessions in Maniema, a good place to start as most of the mines there are removed from the main areas of conflict. In addition, MSC has not yet given $10 million for certification an tracing schemes, although the mining minister says they have agreed to fund these initiatives.

More on this on Jason’s blog here.

The democratic republic of congo

Just in case you forgot, the Kivus are still on fire. Thousands of people remain displaced. Dozens routinely get killed and raped by both government and rebel forces, and sometimes even by UN peacekeepers. Things are crazy bad out there.

Meanwhile, Kabila and his cabal in Kinshasa remain as ineffectual as ever with no apparent strategy or plan, not just for the Kivus, but for the whole country.

The ICG has this nice report on the Congo. People may not agree on the priorities and approaches of resolving the conflict in the Kivu’s, but this report provides a good background for those who are new to the conflict.

Also check out this Report on the Congo from the Congressional Research Office.

the icc and the congo

IRIN news reports that arrests in Europe of political leaders of rebel movements in the Congo may not have much impact on the goings on on the ground. Even the FDLR is not immune to the commonplace principal-agent problems we are all aware of. The disconnect between the political leaders in Europe and generals on the ground is limiting the deterrence effects of the arrests.

I am not a huge fan of the ICC. But I am not one to throw out the baby with the bath water. The institution has potential to be a voice for the voiceless. Because of the ICC Kenyan politicians in the future will think twice before ordering jobless youth to murder innocent civilians. Because of the ICC rebel leaders cannot fly in and out of Brussels to raise money with abandon. These are not trivial achievements.

Accusations against the court’s Africa-bias may have some merit. Even more important are charges that the court does not appreciate the political consequences of justice or that the very idea of justice is political (see the Bashir case in Sudan). Others even point out the fact that going after the big fish ignores local offenses that also require redress. These are serious concerns that the ICC should address. But that said, overall I think that the ICC does more good than harm.