Hijacking the Congo Conflict Minerals Narrative

Posted by John Bagwell on May 22, 2012

In a post last week, we covered a recent Congressional hearing on the
Dodd-Frank Wall Street Reform Act’s section 1502 held by the House
Financial Services Subcommittee on International Monetary Policy and
Trade. Tom Murphy, a blogger on international development issues
respected by many of us here at the Enough Project for his thoughtful
and balanced criticism of some human rights advocacy initiatives,
featured a response on his blog, A View From the Cave. In the post,
Murphy criticizes the narrative of “Profits vs. People” (the title of
Enough’s post) as dismissive of the legitimate debate about the
positive and negative impacts that the conflict minerals provision is
having on the mining sector in the Democratic Republic of Congo.
Murphy takes particular issue with our description of two of the
witnesses who testified at the hearing. He wrote:


Academic Laura Seay and activist Mvemba Dizolele also testified during
the hearing. The Enough blog posts [sic] puts them into the 'profits'
side of the argument saying that they sided with House Tea Party
Caucus member and Chairman of the Subcommittee Rep. Gary Miller
(R-CA), as well as with industry lobby groups such as the National
Association of Manufacturers by testifying against 1502.

Such a connection is unfair to Dizolele and Seay. By taking a stance
that someone is either on one side or the other, the Enough Project is
dismissing genuine concerns about the implementation of 1502.

It’s important to note that Enough wasn’t involved with this event;
indeed, we didn’t have a witness on the panel. But several members of
our team attended the hearing and were alarmed to see how the conflict
minerals provision is increasingly being employed in the fierce
anti-regulatory debate in Congress today. By design, the hearing,
entitled “The Costs and Consequences of Dodd-Frank Section 1502,” set
up this “cost vs. impact” dichotomy, as several members of Congress
recognized in their opening remarks and questions to the witnesses.
For one example, Rep. Gwen Moore (D-WI), who said in her remarks:


I want to make sure we focus on the correct frame when we’re
discussing the ‘costs’ of conflict minerals, not just being dollars
and cents and extra paperwork and extra compliance officers among our
manufacturers. … We’re talking about some of the most wretched and
vile mass abuses of humans documented today …

We welcome reasonable debate about section 1502 and have participated
in numerous panels and forums alongside critics of both the provision
itself and Enough’s approach on the issue. There is no doubt that
Dizolele and Seay’s intentions are, like our own, aimed at helping the
people of Congo and not on the side of industry in this “profits vs.
people” narrative. However, the fact remains that their testimony was
used to bolster the bottom line message delivered by Congressman
Miller in his closing comments: “And let's hope that the [DRC]
government and the region does something about this problem, deals
with the human rights. I hate to see the burden placed on the back of
American businesses. It's not Congress paying, it's American business
paying.” By accepting to appear as Republican witnesses at the
hearing, it’s difficult to imagine Seay and Dizolele were naïve to the
fact that their testimonies would be used to support this side of the
debate.

Section 1502, which attained strong bi-partisan support in its
previous life as stand-alone legislation as well as during conference
committee hearings, unfortunately seems to be becoming a political
football for some in Congress who seek to make it a poster child for
anti-regulatory agendas. Both the positive and negative impacts of
1502 should continue to be researched and debated, but our hope is
that the conversation occurs in a way that does not contribute to a
narrative that dismisses the positive role and responsibility that
both the U.S. government and corporate actors have to play in helping
to address the crisis in eastern Congo.

I agree with Murphy that, when attempting to address complex foreign
policy issues, simply “doing something is not sufficient.” But neither
is letting complexities and the pursuit of perfection lead to inaction
and the abdication of global responsibility we all have in helping to
seek solutions.

If this “costs” approach—focused primarily on whether conflict
minerals regulations are too burdensome for corporations but thinly
veiled as a debate over whether 1502 is doing more harm than good for
civilians in eastern Congo—continues to progress and leads to attempts
at a repeal of Section 1502, it will set back years of work and
political will generated for action—not just pertaining to Congo, but
for any issue that seeks to address corporate responsibility and
transparency as an entry point for tackling challenging human rights
issues across the globe.

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