Samenvatting

Coltan is a rare mineral which is mined, both legally and illegally, at Congolese dig sites at the expense of the wellbeing of coltan miners. This dissertation provides an understanding on the living and working conditions of the Congolese coltan miners and the relation of coltan to armed conflict in the Democratic Republic of Congo (DRC). Furthermore, the role of the UN and international community in the wellbeing of Congolese coltan miners will be analyzed. The main research method for this dissertation was documentary analysis on various sources, including UN treaties and laws, Congolese policy documents, NGO research reports and historical literature.
The DRC contains rich ores of gold, tungsten, tin and coltan in the Kivu and Katanga provinces. While not exclusive to the DRC, mining coltan in the DRC is the least expensive method. During the First and Second Congo War, Rwandan armed forces annexed Congolese artisanal coltan mines and sold it illegally on the international market. Illegal trade funded Rwandan armed forces and their battle in Congo. As for the current Kivu Conflict, Rwandan rebels and corrupt Congolese soldiers fight for control of coltan mines and force Congolese civilians into labor at artisanal mines. While human rights NGO’s argue that coltan was the main reason for conflict in the DRC and the primary mineral sold by rebels, this appears not to be the case. Gold has become more valuable in recent years and corruption and political instability in the Congolese government are the primary reasons for armed conflict.
Artisanal coltan miners work and live under extreme circumstances and are exposed to hazardous environments, sexual harassment, violence and long working hours. However, these circumstances are not exclusive to illegal coltan mines as Canadian and Chinese mining companies have been reported of violating the rights of miners. These companies ignore various international human rights laws and treaties ratified by the UN and the DRC. Furthermore, Chinese refineries are purposely mixing illegal and legal coltan before selling it to international electronics manufacturers. The DRC government is aware of this matter and issued the unsuccessful Mining Ban and Mining Code, which were to eradicate illegal mining and human rights violations. Due to lack of staff, funds and corruption, the DRC government is unable to end the conflict and violations.
The UN currently holds a military presence as part of a peace keeping mission which failed to ensure stability in the DRC and the protection of human rights. Furthermore other nations such as the U.S. have implemented voluntary mineral laws which are to monitor companies on the use of illegal coltan. Due to it being voluntary, companies cannot be prosecuted for selling illegal coltan. This has resulted in an ineffective contribution by the UN and international community as the need for a juridical international human rights law is required to ban illegal coltan. As for the Congolese miners, the UN together with the international community is to aid DRC government in stabilization before it is able to combat the ongoing conflict and improve the living and working conditions of coltan miners.