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Policy Recommendations Concerning Response to Conflict Minerals Regulation
http://hdl.handle.net/2261/0002003938
http://hdl.handle.net/2261/0002003938f8a6bd82-08ef-4b8d-aed2-d1dc5682d81a
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policy_recommendation_sdgs_20220225e.pdf (1.1MB)
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Item type | テクニカルレポート / Technical Report(1) | |||||||
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公開日 | 2022-06-08 | |||||||
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タイトル | Policy Recommendations Concerning Response to Conflict Minerals Regulation | |||||||
言語 | en | |||||||
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言語 | eng | |||||||
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資源タイプ識別子 | http://purl.org/coar/resource_type/c_18gh | |||||||
資源タイプ | technical report | |||||||
著者 |
SDGs Collaborative Research Unit
× SDGs Collaborative Research Unit
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言語 | en | |||||||
値 | Institute for Future Initiatives, The University of Tokyo | |||||||
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内容記述タイプ | Abstract | |||||||
内容記述 | The European Union (EU) Conflict Minerals Regulation came into full force on January 1, 2021. The regulations require companies that import any of four minerals cited as providing a source of funding for conflict in the eastern part of the Democratic Republic of the Congo (hereinafter, DRC)—tin, tantalum, tungsten and gold (referred to collectively as 3TG)—into the EU, or smelter/refiner these minerals, must perform due diligence. These requirements are in line with the Due Diligence Guidance published by the Organisation for Economic Co-operation and Development (OECD) in 2010 (hereinafter, OECD Guidance). Their purpose is the same as previous regulations on the conflict minerals. Regulations on the conflict minerals were made law through Section 1502 of the US Dodd-Frank Act (hereinafter, DFA 1502) in 2010, and several measures have been implemented over the past decade. The EU also adopted as law an approach to stopping conflict in upstream mineral-producing areas by ensuring transparency in minerals trading supply chains, distinguishing between minerals that can be traded and conflict minerals that cannot, and allowing distribution only through closed-pipe supply chains. Even in Japan, which has not established its own regulations, companies are required to conform to the US and EU regulations when doing business with US or European companies. For this reason, Japanese companies that use 3TG also investigate supply chains for conflict minerals (JEITA, 2017). Meanwhile, over the past decade, the international community has already experienced just how difficult it is to resolve conflicts in mineral-producing areas through the establishment of closed-pipe supply chains. As described later in this paper, a massive amount of effort has been expended to design minerals certification mechanisms to distinguish between conflict minerals and minerals not associated with conflicts (conflict-free minerals), and corporate supply chain investigations focused on conflict minerals have been implemented on a global scale. Despite this, almost half of all companies cannot identify the region where minerals were originally produced (GAO, 2019). In 2018, with the conflict in eastern DRC still unresolved, the US effectively relaxed its regulations by making the previously mandatory reporting on conflict minerals voluntary. Moreover, according to the Armed Conflict Location & Event Data Project (ACLED), which collects information on conflict-related events (battles, riots, looting, violence against civilians, etc.) from around the world, violence associated with conflict in the DRC, far from declining, has in fact increased since the regulation was introduced. In other words, despite efforts by companies to comply with the regulations, they are not able to track down the region where minerals were originally produced, and conflict continues unabated. The commencement of the EU regulations and the effective expansion of the scope of due diligence to include cobalt, a mineral not actually subject to regulation, have placed companies at a crossroads. This paper analyzes the current situation from the perspective of conflict research and proposes recommendations for policies to address it. Why have regulations on the trade of conflict minerals been unable to contribute to resolving the conflict? This paper proposes the following four points as reasons why regulations cannot stop the conflict. 1. Despite bringing about a change in the behavior of companies, the DRC government, the governments of surrounding countries, European and US governments, armed groups, military forces, the DRC Army, aid organizations and other parties related to the conflict, regulations on the conflict minerals have not functioned as an effective means of resolving conflict because they have not been able to change the mechanisms linking minerals and conflict. 2. Significant problems exist in the upstream sections of the closed-pipe supply chains designed to distribute only minerals certified as not associated with conflicts (conflict-free minerals), and the construction of these supply chains has not been successfully achieved. 3. Surrounding countries continue to interfere in the conflict in eastern DRC through the recruitment and training of soldiers for armed groups and the smuggling of minerals, and the geopolitics of the African Great Lakes Region is not heading for a resolution of the conflict. 4. Pressure from companies downstream in the supply chain and aid donors has not proved strong enough to change the mechanisms whereby the actors involved profit from continuing the conflict. Based on an analysis of these factors, four recommendations are proposed for policies to be adopted by the Japanese government, aid organizations, researchers, companies, and civil society. |
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言語 | en | |||||||
書誌情報 |
IFI Policy Recommendation 巻 11, 発行日 2022-02 |
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出版者 | Institute for Future Initiatives, The University of Tokyo | |||||||
言語 | en | |||||||
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出版者 | 東京大学未来ビジョン研究センター | |||||||
言語 | ja | |||||||
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関連識別子 | https://ifi.u-tokyo.ac.jp/en/news/10447/ | |||||||
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関連識別子 | https://ifi.u-tokyo.ac.jp/en/wp-content/uploads/2022/05/policy_recommendation_sdgs_20220225e.pdf | |||||||
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関連識別子 | http://hdl.handle.net/2261/0002003255 |