News Analysis : African "blood minerals" legislation stirs difficult debate

The decision by the European Parliament (EP) to reinforce legislation on "blood minerals," praised by NGOs as a "major" advance, is meeting with opposition within the European Union (EU), as well as the United States where its detractors are bringing into contention "perverse effects," particularly in Africa, as well as the difficulties of enforcing such a policy.

During the May plenary session of the EP in Strasbourg, Members of European Parliament (MEPs) voted in a large majority for the introduction of a mandatory compliance scheme for "all the importers of the Union" of tin, tantalum, tungsten and gold supplied from conflict zones. The 880,000 manufacturers of the EU who are potentially concerned would be required to obtain an EU certification guaranteeing that they do not support fighting and human rights violations in conflict zones.

Tin, tantalum, tungsten and gold are used in the manufacturing of numerous consumer products in the EU, particularly in the automobile, electronics, aerospace, packaging, construction, lighting, and industrials and equipment industries, as well as in the jewelry sector.

The frequently used expression "blood minerals" echoes that of "Blood Diamond," a 2006 American film directed by Edward Zwick with Leonardo di Caprio in the lead role, which denounced the role played by diamonds in the financing of civil war in Sierra Leone.

The expression was popularized by Christophe Boltanski's book, "Minerais de sang: Les esclaves du monde moderne," ("Blood minerals: the slaves of the modern world"), which was the fruit of an investigation conducted in the Democratic Republic of the Congo (DRC) where, since 2002, experts from the United Nations (UN) have sounded the alarm on the link between conflict and the illegal exploitation of mineral resources.

According to Amnesty International, no less than 40 percent of civil wars in the past sixty years are linked to the control of natural resources. The phenomenon is particularly pronounced on the African continent, which holds 30 percent of global mineral resources, and where mineral production represents almost a quarter of gross domestic product (GDP).

"Geographers have superimposed the map of armed conflicts in Africa over that of mineral resources and raw materials (or that of food shortages and famines). The relationship was startling," declared Apoli Bertrand Kameni, a researcher in political science.

"Minerals, especially rare minerals (or strategic ones), so important for cutting-edge technologies and the manufacturing of products used throughout our daily lives, have become a veritable actor in the geopolitical world," added Kameni.

Despite the vote by the EP - which distinguished itself strongly from the initial proposal from the European Commission based on simple voluntary participation - the battle over conflict minerals is far from being won by the European left.

"The Parliament closely followed the position that I always defended and which puts human rights above economic interests. Now it is necessary to convince the Council," pointed out Marie Arena, the Belgian MEP who handled the case.

The involvement of Dr. Mukwege, winner of the 2014 Sakharov Prize for his work in the DRC to aid and protect victims of sexual violence perpetrated by armed groups, has clearly played a certain role. Alongside the Secretary General of the Catholic Aid - Caritas France Bernard Thibaud, the president of the European Network for Central Africa (EurAc) Nicolas Van Nuffel, and the director of the African service of the CCFD-Terre Solidaire Philippe Mayol, the medical director of the Panzi hospital recently cosigned an open letter in support of the legislation.

"The proposed voluntary scheme would cover just 0.05 percent of companies using these minerals within the EU... Extending the binding requirement to tackle the entire trade effectively - not just one part of it - would put the EU at the forefront of global efforts to create more transparent, responsible and sustainable business practices," the letter states.

"In this way, the EU would align itself with the norms of the OECD [Organisation for Economic Co-operation and Development] in the matter of supply, as well as in terms of restrictive regulations already adopted in the United States and in several African countries, including the DRC," added Dr. Mukwege.

As the conflict minerals debate has evolved, the weight of public opinion has proven itself to be considerable. More than 50,000 people have signed an Amnesty International petition asking MEPs to set an example. Some international companies who import conflict minerals, under pressure particularly on social media, are concerned about the deterioration of their image and of possible market consequences.

But the voices who speak out to denounce the "perverse effects" of restrictive legislation are also numerous. In an open letter published last September, seventy researchers, political figures and directors of NGOs affirmed that, rather than improve things, the Dodd-Frank law passed in the USA in 2010 has had "a certain number of unintentional and damaging consequences." According to them, it could have driven certain international buyers "to conform to the legislation by withdrawing from the Congo" due to the absence of a reliable traceability system. As a result, thousands of miners find themselves without work, and so become easy prey for armed groups, they affirm. "Mineral aid to perpetuate the conflicts," but "they are not the cause," they assert.

The debate surrounding "blood minerals," therefore, is far from over. The detractors of the PE text have not had their last word. Lobbyists such as Eurometaux, Digitaleurope, the American Chamber of Commerce of the EU (AMCHAMEU) or Business Europe - will not miss the chance to apply pressure in order to modify the regulation during its examination by the European Commission and the EU Council, two institutions at the heart of which conservative and liberal parties, largely opposed to the PE text, enjoy a significant influence. Endit