Nearly all electronic devices require tantalum, particularly for capacitators and various smartphone components, such as batteries and microprocessors.

Tantalum is mostly supplied through primary production of columbite-tantalite ore, also known as coltan. The eastern Democratic Republic of Congo (DRC) holds the biggest reserves of coltan in the world, accounting for nearly half of the global production of tantalum.

Since the start of allegedly Rwandan-backed M23 rebels aggression against eastern DRC in January this year, the Business and Human Rights Resource Centre has been closely monitoring how strategic minerals are fueling conflict in the region. M23 rebels currently control Rubaya cobalt mine which, according to the United Nations, is estimated to supply over 15% of the world’s tantalum production, and generates approximately $300,000 in monthly revenue for the armed group. Significant amounts of coltan have allegedly been smuggled to Rwanda and mixed with locally produced material. A recent investigation from Global Witness found that international commodities trader Traxys has allegedly bought coltan from conflict areas in eastern DRC smuggled to Rwanda. In response to Global Witness investigation, Traxys denied sourcing coltan from conflict affected areas in the DRC.

What are the responsibilities of companies sourcing tantalum?

The current conflict has so far led to egregious human rights impacts and the displacement of hundreds of thousands. Under the UN Guiding Principles on Business and Human Rights (UNGPs), companies are expected to conduct ongoing human rights due diligence to identify, prevent and address adverse human rights impacts associated with their business activities. Since the risk of gross human rights abuses is heightened in conflict-affected areas, businesses operating in or sourcing from those areas should look beyond immediate compliance with conflict minerals regulations and conduct heightened human rights due diligence. Conflict minerals reports have significant limitations and deficiencies, as pointed out by our recent Know The Chain ICT Benchmark. Reliance on traceability mechanisms and certification schemes may also prove to be problematic. For example, the dominant traceability system for tantalum in Rwanda and the DRC, ITSCI, has reportedly been used to launder smuggled minerals through Rwanda.

Heightened human rights due diligence must mean identifying potential and actual impacts of business activities on human rights as well as on the context and conflict dynamics. As per the UNGPs, businesses must avoid contributing to violations of international humanitarian and human rights law and use their leverage on entities causing harm. Recent guidance by OHCHR on business and human rights in challenging contexts also recommends explaining continued engagement with business relationships in contexts where severe risks of human rights abuses exist.

Against this backdrop, the Business and Human Rights Resource Centre invited major ITC and component manufacturer companies from around the world that source a significant amount of tantalum and are exposed to risks of being indirectly linked to the conflict in eastern DRC, to respond to the following questions:

1. In light of the recent conflict in eastern DRC, has your company or subsidiaries made any public statements or comments on the ongoing conflict and/or called for respect for human rights and international humanitarian law in the current context? If yes, please provide the link.
2. Is your company or subsidiaries taking any other action to promote respect for international humanitarian law, human rights, democracy, and peace in the DRC? Has your company engaged States or other parties in this regard?
3. Are you re-identifying and re-assessing your supply chain risks of coltan sourcing and managing your newly identified risks? Are you checking if your suppliers / intermediary actors, such as processors or refiners, are re-assessing and managing risks of conflict financing? Are you working with your suppliers to better mitigate risks and enhance their due diligence processes?

We reached out to 17 companies including Google, Microsoft, Tesla, BlackBerry, Kemet, Vishay, KAVX, LG, Motorola Mobility (Lenovo), Sony, Nokia, Intel, hp, Dell, Amazon, Panasonic and Samsung.

Apple was not contacted as the company recently made a commitment to stop sourcing conflict minerals from the DRC this year, following a criminal complaint filed by the Congolese State.

• Of the nine companies that responded, none has an individual public statement on the ongoing conflict calling for respect for human rights and international humanitarian law. Four of them, however, make a reference to the Responsible Minerals Initiative (RMI) Statement on this issue: Lenovo, Panasonic, Nokia, and Sony. While collective action is valuable, individual company statements would contribute to building their leverage.
• No company reported having taken other action to promote respect for international humanitarian law, human rights, democracy, and peace in the DRC, including through direct engagement with States or other parties, indicating a gap in leverage strategies and tactics used by significant end-users of tantalum from the region to respond to ongoing conflict developments.
• All companies stated they have policies to assess risks related to mineral sourcing from conflict affected and high risks areas. However, beyond compliance with existing conflict minerals regulations, there is little evidence of a ‘heightened’ version of human rights due diligence in light of recent conflict in eastern DRC. Five companies; Lenovo, Nokia, Panasonic, Samsung and Sony, responded that they collaborate with industry peers through RMI, and one company, Nokia, responded that it collaborates with Public-Private Alliance for Responsible Minerals Trade to improve traceability. They also stated that they are committed to conflict-free sourcing, but actions taken to re-identify and re-assess risks, as well as to check if suppliers are conducting enhanced due diligence in light of the changing context of conflict, remain unclear. The escalating crisis in eastern DRC, marked with egregious human rights abuse, demands heightened vigilance from downstream actors to prevent the sourcing of minerals that may finance M23 rebels in the region.