2012 -- H 8151

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LC02571

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2012

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H O U S E R E S O L U T I O N

URGING THE SECURITIES AND EXCHANGE COMMISSION TO ISSUE GUIDELINES

REGARDING THE DISCLOSURE OF CONFLICT MINERALS THAT ORIGINATE IN THE

DEMOCRATIC REPUBLIC OF CONGO

     Introduced By: Representatives Tanzi, Medina, Nunes, Ruggiero, and Chippendale

     Date Introduced: May 09, 2012

     Referred To: House Finance

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     WHEREAS, The Democratic Republic of Congo was devastated by a civil war carried

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out in 1996 and 1997 and a war that began in 1998 and ended in 2003, which resulted in

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widespread human rights violations and the intervention of multiple armed forces or armed non-

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state actors from other countries in the region; and

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     WHEREAS, Despite the signing of a peace agreement and subsequent withdrawal of

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foreign forces in 2003, the eastern region of the Democratic Republic of Congo continues to

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suffer from high levels of poverty, insecurity, and a culture of impunity, in which illegal armed

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groups and military forces continue to commit widespread human rights abuses; and

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     WHEREAS, According to a study by the International Rescue Committee released in

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January 2008, conflict and the related humanitarian crisis in the Democratic Republic of Congo

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have resulted in the deaths of an estimated five million four hundred thousand (5,400,000) people

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since 1998 and continue to cause as many as forty-five thousand (45,000) deaths each month; and

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     WHEREAS, Sexual violence and rape remain pervasive tools of warfare used by all

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parties in the eastern region of the Democratic Republic of Congo to terrorize and humiliate

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communities, resulting in community breakdown which causes a decrease in the ability of

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affected communities to resist control by illegal armed forces and a loss of community access to

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minerals; and

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     WHEREAS, Sexual violence and rape affect hundreds of thousands of women and girls,

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frequently resulting in traumatic fistula, other severe genital injuries, and long-term psychological

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trauma; and

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     WHEREAS, A report released by the government accountability office in December of

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2007 describes how the mismanagement and illicit trade of extractive resources from the

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Democratic Republic of Congo support conflict between militias and armed domestic factions in

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neighboring countries; and

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     WHEREAS, In its final report, released on December 12, 2008, the United Nations

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Group of Experts on the Democratic Republic of Congo found that official exports of columbite-

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tantalite, cassiterite, wolframite, and gold are grossly undervalued and that various illegal armed

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groups in the eastern region of the Democratic Republic of Congo continue to profit greatly from

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these natural resources by coercively exercising control over mining sites from where they are

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extracted and locations along which they are transported for export; and

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     WHEREAS, United Nations Security Council Resolution 1857, unanimously adopted on

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December 22, 2008, broadens existing sanctions relating to the Democratic Republic of Congo to

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include “individuals or entities supporting the illegal armed group…through the illicit trade of

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natural resources” and encourages member countries to ensure that companies handling minerals

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from the Democratic Republic of Congo exercise due diligence on their suppliers; and

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     WHEREAS, Metals derived from columbite-tantalite, cassiterite, wolframite, and gold

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from the Democratic Republic of Congo are used in diverse technological products sold

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worldwide, including mobile telephones, laptop computers, and digital video recorders; and

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     WHEREAS, In February of 2009, the Electronic Industry Citizenship Coalition and the

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Global E-Sustainability Initiative released a statement asserting that use by the information

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communications technology industry of mined commodities that support conflict in such

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countries as the Democratic Republic of Congo is unacceptable and electronics companies can

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and should uphold responsible practices in their operations and work with suppliers to meet social

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and environmental standards with respect to the raw materials used in the manufacture of their

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products; and

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     WHEREAS, Companies that create and sell products that include columbite-tantalite,

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cassiterite, wolframite, and gold have the ability to influence the situation in the Democratic

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Republic of Congo by doing all of the following:

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     (1) Exercising due diligence in ensuring that their suppliers provide raw materials in a

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manner that does not directly finance armed conflict, result in labor or human rights violations, or

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damage the environment;

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     (2) Verifying the country from which the minerals used to derive such metals originate,

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the identity of the exporter of the minerals, and that all appropriate tax payments are made;

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     (3) Committing to support mineral exporters from the Democratic Republic of Congo that

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fully disclose their export payments and certify that their minerals do not directly finance armed

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conflict, result in labor or human rights violations, or damage the environment; and

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     WHEREAS, It is the sense of the House of Representatives that the exploitation of

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conflict minerals originating in the Democratic Republic of Congo is helping to finance conflict

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characterized by extreme levels of violence in the eastern Democratic Republic of Congo,

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particularly sexual-and-gender-based violence, and contributing to an emergency humanitarian

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situation; and

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     WHEREAS, The Dodd-Frank Wall Street Reform and Consumer Protection Act, which

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was signed into law by President Barack Obama on July 21, 2010, requires those who file with

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the Securities and Exchange Commission (SEC) and use minerals originating in the Democratic

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Republic of Congo in manufacturing to adhere to SEC regulations to disclose measures taken to

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exercise due diligence on the source and chain of custody of the materials and the products

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manufactured; and

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     WHEREAS, Although the Dodd-Frank Wall Street Reform and Consumer Protection Act

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directed the SEC to issue said disclosure regulations not later than April 2011, the Commission

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has yet to do so; and

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     WHEREAS, The failure to implement these regulations prevents American companies

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from using their full resources to guarantee they are not inadvertently funding extreme violence in

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eastern Democratic Republic of Congo; now, therefore be it

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     RESOLVED, That this House of Representatives of the State of Rhode Island and

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Providence Plantations hereby requests that the Securities and Exchange Commission of the

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United States of America issue guidelines as to the disclosure of conflict minerals originating in

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the Congo in a timely manner, as stipulated by section 1501 of the Dodd-Frank Wall Street

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Reform and Consumer Protection Act of 2010; and be it further

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     RESOLVED, That this House calls upon its Congressional Delegation to use all

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measures available to persuade the Securities and Exchange Commission to issue said guidelines;

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and be it further

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     RESOLVED, That this House vows to take further measures to combat the trade in

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conflict minerals when the Securities and Exchange Commission issues these guidelines; and be

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it further

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     RESOLVED, That the Secretary of State be and he hereby is authorized and directed to

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transmit duly certified copies of this resolution to the United Stated Securities and Exchange

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Commission and to the members of the Rhode Island Congressional Delegation.

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LC02571

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