Geneva Acadamy - 7th Multi-Stakeholder Forum on Responsible Mineral Supply Chains


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This presentation by the Geneva Academy was made at the expert learning session on conflict-affected and high-risk areas during the 7th Multi-Stakeholder Forum on Responsible Mineral Supply Chains held on 26-28 May 2014 in Paris.

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Geneva Acadamy - 7th Multi-Stakeholder Forum on Responsible Mineral Supply Chains

  1. 1. Conflict-Affected and High-Risk Areas and Due Diligence 7th meeting of the ICGLR-OECD-UN GoE Joint Forum on Responsible Mineral Supply Chains Paris, 26 May 2014
  2. 2. OECD Due Diligence Guidance I ‘conflict-affected areas’ and ‘high-risk areas’ trigger heightened need for due diligence OECD Due Diligence Guidance is risk-based due diligence, i.e. obligation to identify, prevent, and mitigate risk  Risk: potentially adverse impact of companies’ operations or activities when minerals/gold are sourced from or transit through a CAA or HRA
  3. 3. Criteria and Indicators 2 Risk assessment – context (factual circumstances of sourcing, operations, trading, etc. and relationships with third parties) evaluated against international standards, including human rights and international humanitarian law (if applicable) Indicators are means to identify risk factors: origin or manifestation of the risk
  4. 4. Armed Conflict and International Crimes as defined under International Law 3 International (e.g. between two or more states) Non-international (e.g. between state and organized non-state armed group) War crimes may only be committed in connection with an armed conflict as defined under international law. Genocide and crimes against humanity may be committed within or outside an armed conflict.
  5. 5. Indicators of Conflict-Affected Area: Armed Conflicts as defined under International Law 4  One or more states attack another state’s territory or armed forces with armed, naval, or air forces (IAC)  One or more states occupy another state’s territory without the latter’s consent (IAC)  Armed groups conducting regular military style operations against the national army or police, or another armed group (NIAC)  An organized armed group controls part of the territory of a state (NIAC)  The existence of an armed conflict is determined on the facts. Sometimes, the UN Security Council or the ICRC give their view that international humanitarian law is applicable.
  6. 6. Indicators of Conflict-Affected Area: Areas affected by armed conflicts 5  Displaced or refugee camps for people fleeing fighting  Spill-over violence from an armed conflict in a nearby area  State is transitioning out of armed conflict  Remnants of armed groups are involved in criminal activity (drug-trafficking and/or mineral and gold smuggling)  Occasional armed clashes between remnants of armed groups and security forces  Impunity for war crimes and serious human rights abuses
  7. 7. Examples of risk factors 6 Risk of fuelling armed conflict: direct/indirect support to armed groups, or public or private security forces illegally controlling mine sites, transportation routes or trading centres or extort money and/or minerals at such locations Risk of complicity in war crimes (including pillage) or other international crimes (e.g. using private or public security forces with a history of violating HR or IHL). Risk of trading in violation of international law (sanctions regime against country and/or armed groups and their affiliates) Risk of smuggling and illegal trade
  8. 8. Indicators of High-Risk Area 7  Public security forces accused of committing serious human rights violations with impunity  Public security forces arresting large numbers of people without apparent good reason  Judiciary does not enforce law impartially  State is unable to deliver basic social services (health, electricity, education)  Police or security forces cannot safely enter and patrol certain areas  Areas with high levels of sexual violence and sexual exploitation (human trafficking)
  9. 9. Indicators of High-Risk Area 8 People forced to join armed forces and/or forced by public security forces to work Children are engaged in dangerous forms of labour Criminal networks act with apparent impunity Disenfranchised communities with grievances Peaceful protests dispersed by public security forces using grossly excessive force History of unorganized and spontaneous violence
  10. 10. Examples of risk factors 9 Risk of trafficking of people and/or using forced labour Risk of illicit payments, including to criminal networks (bribes, unofficial “commissions” or ‘taxes’) Risk of exacerbating social conflict and local grievances Risk of contributing to or benefitting from forced displacement Risk of complicity in human rights abuses by engaging public or private security forces
  11. 11. Academy tools for industry 10  Conflict-affected and high-risk areas worldwide map and database and explanatory Briefing Paper  War Report
  12. 12. Academy tools for industry: RULAC 11
  13. 13. 12
  14. 14. Geneva Academy of International Humanitarian Law and Human Rights  Rue de Lausanne 120B – CP 67 – 1211 Genève 21 – Switzerland Tel: + 41 (0) 22 908 44 88; Fax: + (0) 22 908 44 99
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