Conflict Minerals: The Truth Underlying the Systemic Looting of Congo

The Pole Institute convened representatives from diverse sectors of the Congolese society to share their analysis and prescriptions for addressing the de-criminalization of natural resources so that they can be a benefit to the Congolese people. Below are some excerpts geared towards the International community and the myriad efforts underway to address “conflict minerals.” Click here to download the full report.

Select Excerpts:
In order to rehabilitate and decriminalize the mining industry, which according to [Aloys] Tegera, generates more than two-thirds of the revenue of North Kivu, it is necessary to, in the first place, work towards the re-establishment of the Congolese state. Any efforts by the international community to re-organize and legislate for the Congolese mining industry without taking this fundamental step into account risk failure, “unless, of course, the various lobbies have in mind a Congo without the Congolese, which would clearly be absurd.” Introduction page 3

A glaring lacuna in all these efforts is the lack of involvement of the Congolese people in seeking solutions to problems that face them in their own country, and Johnson argues that unless the Congolese people are brought “back in” all these international efforts will remain, for their originators, an exercise in creating the DRC after their own image. Introduction page 4

[Dominic] Johnson argues that because of this failure to include the Congolese people in crucial debate on ‘their’ issues, the international community has made a serious error of judgment in not recognizing that the situation in the east of the DRC goes beyond just a presumed squabble over minerals and raises fundamental questions of the structuring of state power which have to be taken into account by anyone hoping to work with the Congolese state in order to reform the Congolese mining sector. Introduction page 4

It is imperative that the various people and organizations of good will who are determined to ensure that the minerals of Kivu are ‘clean’ or conflict-free first work towards a definition of the basics necessary for the re-establishment of the Congolese state. Only when this is in place will the control of the mining industry be possible. The various initiatives will not be effective unless this basic condition is met. Aloys Tegera page 11

It is argued that important aspects of the regulatory model now emerging are partly based on an erroneous and outdated analysis of the conflict dynamics in Eastern Congo and that this is likely to weaken its effectiveness on the ground. The error consists in regarding competition around minerals as the main reason for conflicts in Eastern Congo and the establishment of government authority as the main mechanism for ending such competition and thereby the conflicts themselves. Reforms centered around strengthening the rôle of the state in Eastern Congo rather than the people will, we contend, exacerbate conflict instead of ending it, even if they succeed in curbing the excesses deriving from mineral trade. Dominic Johnson page 22

It is therefore perfectly possible, under the certification and due diligence schemes now on the table, to claim to have solved a decades-old conflict about control of a mineral-rich region and the control of the trade of its produce without addressing any of the issues involved, without resolving conflict on the ground and without contributing to peace and human security in a manner visible to the local population. Dominic Johnson page 43

However, beyond the possibility or even the impossibility of an international intervention to render the minerals of eastern DRC ‘clean’ for use, in other words conflict-free, it is important to emphasize that the criminalization of the mining industry underestimates the fact that more than two-thirds of the revenue of a province like North Kivu depends on mineral exports. Aloys Tegera page 8

Click here to find out more about the Pole Institute.

Also find here prescriptions for addressing Congo’s challenge from select Congolese groups:

Women scholars and activists
http://friendsofthecongo.org/resource-center/womens-voices.html

Elected officials
http://congofriends.blogspot.com/2009_08_01_archive.html

Congolese youth
http://conflictminerals.org/conflict-mineral-critique/

Human Rights
http://congofriends.blogspot.com/2010/06/long-live-spirit-of-floribert-chebeya.html

Remember to join us for Congo Week from October 17 – 23 as ordinary people throughout the globe join in solidarity with the people of the Congo in their quest to fulfill their enormous human and natural potential.

1. The Conflict Minerals narrative leaves the public believing that the source of Congo’s challenge is rebel groups that brutally rape women to control lucrative mines. When in fact the source of Congo’s challenge has been the attempt by the West to weaken this wealthy and strategically important country through wars, invasions, assassinations and propping up of dictators.

2. It wipes out 14 years of crimes committed against the Congolese people in which foreign governments and multinational corporations are complicit and have not been held to account.

3. It says absolutely nothing about mining companies (Banro, AngloGold Ashanti, OM Group, Freeport McMoRan are but a few examples) operating in the Congo that have either been implicated in illegally exploiting Congo’s wealth or involved in odious contracts that do not accrue to the benefit of the Congolese people.

4. It takes none of the prescriptions that have been offered by Congolese women, youth, politicians or business groups over the years into account.

5. It offers no evidence whatsoever that certification and auditing of the extraction of minerals from Eastern Congo will end the conflict.

A few simple questions to Ponder:

1. Rwanda is a top buyer of Congo’s conflict minerals according to Bloomberg News (http://www.bloomberg.com/apps/news?sid=a1p3C4mCsY2o&pid=20601087) and Uganda is building a refinery ostensibly to refine conflict minerals from Congo (http://news.bbc.co.uk/2/hi/africa/8662680.stm ) but the US has said or done nothing about their allies. The US continues to give both countries aid, military equipment and training. And shockingly Conflict Minerals advocates are silent about a main buyer of conflict tin. Why demonstrations in front of apple store but none in front of the Rwandan Embassy?

2. According to Dow Jones news Rwanda stands to make $200 million in 2010 from Tin, Tantalum & Tungsten, none of which it has large quantities but rather secure these conflict minerals from the Congo. Yet, the conflict minerals advocates are deadly silent. Why?

3. If US allies Rwanda and Uganda triggered the conflict with two invasions 1996 & 1998 and they either have international arrest warrants for their leaders as is the case with Rwanda’s leaders or international ruling against them as is the case with Uganda where the International Court of Justice ruled in 2005 Uganda owes Congo $10 billion in reparations, why is the State Department not saying or doing anything about this? There is law on the US books PL 109 – 456 Sec. 5 (http://www.govtrack.us/congress/bill.xpd?bill=s109-2125) calls on US to withhold aid from countries that destabilize the Congo yet no action is being taken.

4. Finally, atrocious crimes have been committed over the last 14 years where an estimated 6 million people have died. The United Nations via four studies (http://www.friendsofthecongo.org/resource-center/reports-a-studies.html) have implicated over 100 companies a number of which is American but yet the State Department Contact Point has refused to act on recommendations from the United Nations. Companies such as AngloGold Ashanti (the largest investor is American John Paulson of Paulson & Co. – http://www.bloomberg.com/apps/news?pid=20601087&sid=ajab_txy3yJM&pos=4) and Banro corporation stand to reap billions from the region of the most vicious violence against Congolese civilian. And the outcry from conflict minerals advocates? NONE!!!

In light of the above facts, conflict minerals efforts appear to be an awkward attempt to cover for US allies and US corporations (See previous Huff Post article by Congolese youths: http://www.huffingtonpost.com/kambale-musavuli/conflict-minerals-a-cover_b_391506.html)

What should be done to end the conflict?

1. US should fully implement it’s own law, PL 109-456, especially section 105.

2. US should pressure its allies Rwanda and Uganda to stop the destabilization and looting of the Congo

3. US should hold its corporations accountable, especially its mining companies

4. US should engage in Congo differently by prioritizing diplomatic and political approach over a military approach. Read more about prescriptions http://www.friendsofthecongo.org/resource-center/policy-a-issue-briefs.html

Rwanda’s Mining Sector Output Grew 20% In 2008 – IEPA

Last update: 5:44 a.m. EST Jan. 5, 2009
Jan 05, 2009 (Dow Jones Commodities News via Comtex) — DOW JONES NEWSWIRES

Rwanda’s mining sector output grew 20% in 2008 from the year earlier due
to increased export volumes of tungsten, cassiterite and coltan, the
country’s three leading minerals, the country’s Investment and Export
Promotion Agency said Monday.

By the end of October 2008, mineral export revenues increased to $89
million compared with $71.5 million for the whole of 2007.

“Although the mining sector is still largely artisan, based on the
export figures as of October, the revenues will hit more than $100
million in 2008,” IEPA said, adding that the mining sector is poised to
overtake coffee, tea and tourism as the country’s top revenue earner By
2010.

In 2007, mineral exports accounted for 40% of the country’s total export
revenue earnings, IEPA said. However, the report didn’t state the
quantities of minerals exported.

Rwanda now aims to increase annual mineral export revenues to $200
million by 2010 by attracting higher investment, modernizing mining
methods and expanding exploration. As a long term-measure, the country
also expects to attract more investments in mineral processing.

Rwanda has no large-scale mining industry and aid agencies say a large
part of the minerals are smuggled into the country from Congo’s
mineral-rich North Kivu province which has strong social and economic
links with the tiny.

-By Nicholas Bariyo, contributing to Dow Jones Newswires