Conflict diamonds and conflict minerals

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Presentation transcript:

Conflict diamonds and conflict minerals

1998-2000. From Angola to Kimberley Tackle the illicit trade in diamonds that was fueling conflict in Angola and Sierra Leone Break the link between diamonds and armed conflict

2002, Interlaken: Kimberley Process Certification Scheme for rough diamonds

The KP and the WTO: the 2003 waiver Authorization to derogate from WTO obligations in consideration of the extraordinary humanitarian nature of this issue and the devastating impact of conflicts fueled by the trade in conflict diamonds on the peace, safety and security of people in affected countries and the systematic and gross violations of human rights that have been perpetrated in such conflicts

EU Regulation No 2368/2002 implementing the KPCS In 2014 inclusion of Greenland Community authorities (Belgium, Czech Republic, Germany, Portugal, Romania, UK. Industry self-regulation

The EU Regulation on the supply chain due diligence obligations for Union importers of tin, tantalum and tungsten, their ores, and gold originating from conflict-affected and high-risk areas (No 2017/821)

Background OECD Guidelines for Multinational Enterprises (1970s) United Nations Human Rights Council 2011: Guiding Principles on Business and Human Rights OECD: Guidance for Responsible Supply Chains of Minerals from Conflict-Affected and High-Risk Areas (2010) US Dodd-Frank Act on minerals from the Great Lakes Area

The EU Regulation Objective: Transparency in the supply chain of minerals Refers to the OECD Guidance converting it into a binding act. Obligations for operators are the 5 due diligence steps: Management system Risk assessment Risk management Third-party audit disclosure

Problems Notion of conflict-affected and high-risk areas Compliance with WTO rules. Possible discriminations: list of responsible smelters and refiners. Decision of an importer to disengage in case of risk management 3. Possible giustifications: a. Article XX (c): actions taken by WTO members in compliance with obligations under the UN Charter b. Article XX (a) and (b): public morals and protection of human life and health