A/HRC/10/59
page 20
in the region. The illegal exploitation does not only fund non-state armed groups or rogue
elements in FARDC,33 but it also deprives the State of the resources needed to provide access to
justice and basic social services in accordance with its human rights obligations.
74. The eastern DRC is rich in many different and sought after minerals, in particular
cassiterite (tin ore), coltan (columbite-tantalite, used in a number of electronic goods), gold, and
wolframite, the major component tungsten, a strong and dense material used for various military
components. Extractive sites of these raw materials in conflict areas have been a major source of
finances for non-state armed groups in the region, who either directly control or even operate the
mines, illegally tax the proceeds or participate in the illegal trade of the raw materials. In a
number of cases, rogue FARDC commanders or units have become complicit to these illegal
activities. The extraction and trade of the minerals often involves forced labour, extortion and
violence against those who resist the demand of armed groups or rogue FARDC. Women groups
also highlighted that sexual extortion and rape of women working around the illegal mining sites
is rife.
75. Illegally extracted raw materials pass through a long supply chain in the DRC which
stretches from the mining operations, quite often artisanal mining, through local traders
(négociants) to officially registered export trade firms (comptoirs). Pointing to the involvement
of the négociants as middlemen, comptoirs often claim not to know the origin of minerals
received, which is implausible since the ore content substantially varies between sites, and
mining sites for certain minerals such as coltan are almost entirely under the control of non-state
armed groups. The Group of Experts of the Sanction Committee has identified a number of
comptoirs who knowingly traded in illegal minerals34 and the seven thematic special procedures
were encouraged to hear from the Minister of Mining that their business licenses would not be
renewed.
76. From the comptoirs and in some cases also directly from the mining sites, the minerals are
exported to neighbouring countries or others from where they are re-exported and eventually end
up in Europe, North America, Asia or elsewhere, where it is used in products such as mobile
phones (coltan) or military munitions (wolframite). According to the principle of corporate
responsibility to respect human rights, transnational corporations and other business enterprises
as well as consumers have a crucial role in ensuring that buyers and users of such minerals do
not knowingly or negligently purchase minerals from conflict areas in the eastern DRC.
4. Political instrumentalization of ethnic cleavages
77. The political instrumentalization of ethnic cleavages in the eastern DRC feeds the conflicts
in the region and exacerbates the human rights violations that precede and accompany them.
Following his visit to the Eastern DRC and neighbouring countries from 23 November to
4 December 2008, Mr. Francis Deng, Special Advisor of the Secretary-General on the prevention
of genocide found that “massive violations of international human rights and humanitarian law
33
See S/2008/773, paras. 127-135.
34
Ibid., paras. 130-134.
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