A Critical Analysis of Human Rights Due Diligence Processes in Mineral Supply Chains: Conflict Minerals in the DRC

The document examines the application of human rights due diligence in the mineral supply chains of the Democratic Republic of the Congo (DRC), specifically focusing on 'conflict minerals' like tantalite, tin, tungsten, and gold. It reviews six major initiatives—including the OECD Guidance, the ICGLR Regional Certification Mechanism, and the iTSCi—concluding that their heavy reliance on traceability is insufficient to stop the financing of armed groups. The author argues that these frameworks are based on a reductionist 'resource curse' theory and fail to account for the informal nature of artisanal mining, weak state governance, and complex land ownership disputes. The paper highlights that such initiatives can lead to a de facto embargo on minerals, harming the livelihoods of artisanal miners. It concludes that sustainable management requires the meaningful inclusion of local stakeholders and a deeper understanding of the political and socio-economic drivers of conflict beyond mere economic profit.

• The narrow focus on mineral traceability within human rights due diligence frameworks is unlikely to prevent minerals from financing belligerents because it relies on a reductionist approach to resource curse theories.
• Establishing traceability in the DRC is exceptionally difficult because approximately 90% of minerals are extracted by artisanal miners and traded through informal markets.
• The US Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 transformed human rights due diligence from a recommendation into a legal requirement for at least 6,000 publicly traded US companies.
• Due diligence initiatives may cause a de facto embargo on minerals from the DRC and neighboring countries, which negatively impacts the limited livelihoods of local populations.
• Security and political will are critical prerequisites for the success of due diligence mechanisms; for example, the iTSCi process in North Kivu was halted due to clashes in April 2012, while the Solution for Hope project in Katanga Province succeeded due to relative stability.
• Conflicting laws regarding mine ownership—specifically the Mining Code, the General Property Law, and customary law—create instability and disputes that undermine the implementation of due diligence.
• The formalization of artisanal mining in the DRC has seen limited success because the Mining Code's requirements are often inappropriate or ignored due to a lack of state capacity and resources.
• The Kimberley Process Certification Scheme (KPCS) in the DRC is viewed as a failure in curbing diamond smuggling due to weak internal controls, corruption, and the government's inability to monitor the artisanal sector.
• Local stakeholders express skepticism toward international due diligence standards, arguing that they disregard national legislation and are based on a flawed assumption that conflict is driven solely by mineral export revenues.
• Meaningful participation of local stakeholders is essential for the success of these initiatives, yet they are currently largely excluded from decision-making processes.

APA

Taka, M. (2014). A Critical Analysis of Human Rights Due Diligence Processes in Mineral Supply Chains: Conflict Minerals in the DRC. South African Institute of International Affairs. https://saiia.org.za/wp-content/uploads/2014/12/Occasional-Paper-208.pdf

Chicago

Taka, Miho. A Critical Analysis of Human Rights Due Diligence Processes in Mineral Supply Chains: Conflict Minerals in the DRC. South African Institute of International Affairs, 2014. https://saiia.org.za/wp-content/uploads/2014/12/Occasional-Paper-208.pdf.

Wikipedia

{{cite report |last1=Taka |first1=Miho |title=A Critical Analysis of Human Rights Due Diligence Processes in Mineral Supply Chains: Conflict Minerals in the DRC |publisher=South African Institute of International Affairs |date=December 2014 |url=https://saiia.org.za/wp-content/uploads/2014/12/Occasional-Paper-208.pdf |access-date=23 October 2026 |via=Climate Insights Directory}}

BibTeX

@techreport{taka2014critical, author = {Taka, Miho}, title = {{A Critical Analysis of Human Rights Due Diligence Processes in Mineral Supply Chains: Conflict Minerals in the DRC}}, institution = {South African Institute of International Affairs}, year = {2014}, month = dec, url = {https://saiia.org.za/wp-content/uploads/2014/12/Occasional-Paper-208.pdf}, urldate = {2026-10-23}, note = {Indexed by Climate Insights Directory} }