A/HRC/13/63
page 21
Congo, Burundi, the Central African Republic, Kenya, Rwanda, Tanzania, Uganda and
Zambia; however, no tangible effects on the ground have been reported.
82.
Within the framework of the United Nations Security and Stabilization Support
Strategy, the Government, MONUC and partners have agreed to establish, as a pilot
project, five trading counters in North and South Kivu to bring together all State
services involved in the ore business, in order to improve traceability and provide
counters closer to mining areas. In October 2009, MONUC and the country’s Ministry
of Mines organized joint missions to visit key mining sites in order to assess the security
situation. In addition, MONUC and the PNC continued to carry out random checks at
Goma and Bukavu airports.37
83.
While the exploitation and exportation of rare minerals from the Democratic
Republic of the Congo is often conducted outside or at the very margins of the law,
these minerals always surface on the official market at some point. Businesses therefore
need to exercise due diligence to ensure that their use of natural resources does not fuel
human rights abuses.38 All States involved in trading such minerals have to make sure
that they respond fully to their obligation to put in place appropriate policies, regulation
and oversight mechanisms to stop illegal exploitation and trade linked to human rights
violations.
84.
The experts welcome that the Security Council has mandated the Sanction
Committee’s Group of Experts on the Democratic Republic of the Congo to produce
due diligence guidelines for importers, processing industries and consumers of mineral
products on the purchase, sourcing (including steps to be taken to ascertain the origin of
mineral products), acquisition and processing of mineral products from the Democratic
Republic of the Congo.39
85.
It is important to develop effective and credible monitoring of the supply chain
of minerals from the extraction site to the consumer. This will require efforts by the
Democratic Republic of the Congo, neighbouring states and the companies involved.
The tin industry, for instance, has started promoting a Tin Supply Chain Initiative as
part of an effort to increase due diligence in purchasing practices in the Democratic
Republic of the Congo and other countries. States also need to put in place policies and
regulations with respect to companies subject to their jurisdiction which operate or
intend to operate in the region. They should refuse to extend support (e.g. credit
guarantees) to companies that prove unwilling to comply with due diligence standards.
86.
In the context of the ongoing Kimia II military operations against FDLR, it is
important to ensure that rogue FARDC units do not simply replace FDLR and continue
illegal mining operations. This requires the extension of a credible, legitimate and
civilian State authority in the eastern part of the country, in line with the Government’s
37
S/2009/623, para. 36.
38
On the corporate responsibility to respect, see A/HRC/11/13, paras. 45 ff.
39
See S/RES/1896 (2009).
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