Laws and Policies on the Congo: A Timeline

Throughout the years, laws have been proposed to help reduce the damages the United States has caused in the Democratic Republic of the Congo (DRC). These often emphasized economic development, the promotion of human rights, and democracy. In the following article, I will discuss pieces of legislation, the contexts in which they were passed, and their impact on the DRC.

Year: 2006

The First Major U.S. Law on the DRC

In 2006, the United States passed its first legislation addressing the DRC. This law’s goal was to encourage economic development, titled “The Democratic Republic of the Congo Relief, Security, and Democracy Promotion Act of 2006 (Public Law 109-456)”. This law aimed to reconstruct DRC after being severely damaged by the Second Congo War – which involved the DRC, Rwanda, Uganda, numerous rebel groups, and the United Nations Mission in the Democratic Republic of Congo (MONUC). This legislation authorized President George W Bush to support programs helping to rebuild DRC which was torn by war (as a result of the Armées de la République Démocratique du Congo (FARDC), rebel groups, and MONUC peacekeepers clashing) and to encourage US diplomats to engage in ending ongoing conflict, making the United States be held more accountable. The bill was passed and signed into law by George W Bush on December 22, 2006. At the time the law made DRC a priority for the US in foreign policy, and the law held the US more accountable for its role. In addition, then-Senator Barack Obama was a sponsor of the bill at the time and when he became President he attempted to increase diplomatic efforts in the region, appointing a special envoy for the Great Lakes region.

Year: 2010

Clash with the Conflict of Minerals

The enactment of Section 1502, also known as “Dodd-Frank Wall Street Reform and Consumer Protection Act – Section 1502,” required companies to disclose whether their products contained conflict minerals, often tin, tungsten, tantalum, and gold which came from the DRC or their neighboring countries. As a result of Section 1502 of the Dodd-Frank Wall Street Reform and Consumer Protection Act’s signing into law, various companies involved in the Jewelry industry, Automotive, and Industrial Manufacturing sought loopholes so that the origin of these minerals and materials would not have to be explicitly detailed. The current status of the bill imposes high compliance costs on businesses. The crisis is not only a local issue; it is rooted in historical exploitation and extractivist tendencies driven by multinational corporations in a global capitalist structure.

Year: 2014

Strengthening Sanctions

The US expanded its sanctions program in 2014. It was built upon Executive Order 13413, targeting those threatening the peace, security, or stability of the DRC. The order reinforced financial restrictions on individuals involved in human rights abuses, illicit trade, and recruitment of child soldiers. The sanction’s goal was to curb the influence of the armed groups and block foreign actors who benefited from the region’s instability. For example, several key figures were associated with militia groups, and these sanctions targeted warlords. Notable figures sanctioned under these orders include warlords Bosco Ntaganda and Sylvestre Mudacumura. However, the names of the sanctioned individuals have been publicly reported, and the overall effectiveness of the sanctions remains a debate. Critics have questioned whether these sanctions weakened the warlords’ control or helped them develop a more resilient money management method for their activities.

Year : 2023

Legislative about protecting Congolese Workers and Children

In 2023, “H.R. 4443 – Countering China’s Exploitation of Strategic Metals and Minerals and Child and Forced Labor in the DRC Act,” which was the most recent legislative effort introduced in 2023, directly addresses child and forced labor in the Democratic Republic of Congo mining industry. This bill proposed banning imports of metals or minerals extracted using unethical labor practices. In addition, it calls for annual reports on individuals involved in such activities. It also introduces targeted sanctions against companies and individuals engaging in labor exploitation in the Congolese mining sector. Legality’s efficacy can be seen in recent lawsuits against corporations. For instance, legal actions have been taken against Apple for exploitation in the Congo. Lawsuits like this highlight the ongoing control of global companies and possibly reconstruct their role in labor and environmental abuses in the region.

The Current U.S. Role in the DRC

In conclusion, US policies on the DRC have transformed from humanitarian aid and sanctions to regulating corporate responsibility and countering foreign economic influence for nearly two decades. Recent US foreign aid freezes and the dismantling of the United States Agency for International Development (USAID) have disrupted humanitarian operations in the Democratic Republic of Congo, affecting services for vulnerable populations, including women and children. However, though these efforts have created setbacks, including enforcement issues and unintended economic hardships for local miners, they have also brought some positive changes, such as more global awareness of mineral exploitation (electronics, cell phones, computers, jewelry, vehicles, etc.). Congolese and African activists and lawyers have driven most of the positive influence. Moving forward, the impact of these policies will depend on how well they balance the protection of human rights and economic growth and the politics in the Democratic Republic.

https://www.csis.org/analysis/resetting-us-engagement-democratic-republic-congo

Written by Victoria Webb