This presentation provides an overview of the OECD Due Diligence Guidance for Responsible Supply Chains of Minerals from Conflict-Affected and High-Risk Areas. The OECD Due Diligence Guidance provides detailed recommendations to help companies respect human rights and avoid contributing to conflict through their mineral purchasing decisions and practices. This Guidance is for use by any company potentially sourcing minerals or metals from conflict-affected and high-risk areas.
Visit https://mneguidelines.oecd.org/mining.htm for more information
Visit the website for the Forum on responsible mineral supply chains https://mneguidelines.oecd.org/icglr-oecd-un-forum.htm
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OECD Due Diligence Guidance for Responsible Supply Chains of Minerals from Conflict-Affected and High-Risk Areas
1. OECD Due Diligence Guidance for Responsible
Mineral Supply Chains
Responsible Business Conduct Unit
Investment Division, Directorate for Financial and Enterprise Affairs
2. ILO Tripartite Declaration of Principles
Concerning Multinational Enterprises and
Social Policy (2006)
UN Guiding Principles on Business and Human
Rights (2011)
OECD Guidelines for Multinational Enterprises
( (1976, 2011 update)
International instruments for responsible
business conduct
Aligned
around ILO
labor
standards
Aligned on
human rights
due diligence
and supply
chain
OECD Guidelines for MNEs and their implementation are unique:
Comprehensive due diligence provision (all risk areas, supply chain, etc.)
NCP mediation mechanism
Practical, sector-specific guides and programmes on due diligence developed with
stakeholders: extractive, financial, agriculture and textile sectors
3. Addressing conflict and serious human
rights abuses in mineral supply chains
• Exploitation and trade of mineral
resources can be associated with
significant adverse impacts,
including serious human rights
abuses and conflicts
• Global issue (Africa, Asia, Latin
America, Europe)
• Affects all mineral resources
(3T&G, precious stones, coal, etc.)
• Affects to different extent ASM
and LSM
4. Responsible mineral supply chains
Global support for OECD Due Diligence Guidance
Political Industry &
Consumer
Legal &
regulatory
• G8 (2007, 2008, 2009, 2011,
2013)
• UN Security Council
Resolutions on DRC (2009,
2010, 2011, 2012, 2013, 2016)
and Ivory Coast (2013)
• ICGLR Heads of States
Lusaka Decl. (2010)
• OECD Council
Recommendation (2011)
• EU Parliament; CSR strategy
+ Commissioners statement
on raw materials
• China-OECD Programme of
Work
• Consumer campaigns and
civil society (e.g. Amnesty
Int’l, Global Witness, Human
Rights Watch, PAC, Enough
Project)
• Industry: EICC (electronics),
AIAG (automotive), AIA
(aerospace) LBMA, RJC &
WGC (gold & jewellery),
CCCMC (China), and DMCC
(Dubai)
OECD-benchmarked industry
audits cover ~85-90% of total
refined gold production
OECD-benchmarked industry
audits cover ~93% Ta, ~75%
Sn, ~60% W production
• Section 1502 of U.S. Dodd-
Frank Act conflict minerals
reporting
• EU regulation on
responsible mineral supply
chains
• Legal requirement in DRC,
Rwanda, Burundi &
Uganda
• Conflict Minerals Bill in
Canada
• Relevant legislation on
forced labour, child labour
(e.g. UK & US)
5. Underlying principles of the Guidance
On-going, proactive and reactive due diligence approach
‘Conflict-affected areas’, ‘high-risk areas’ and other ‘red flags’
trigger heightened due diligence, not disengagement from trade
e.g. upstream on-the-ground assessments, downstream smelter
transparency and audits
Due diligence is risk-based, i.e. intensity of due diligence
proportional to risk
Progressive improvements over time and good faith and
reasonable efforts promoting constructive engagement with
suppliers
Global scope - intended to enable investment and trade in
conflict-affected and high-risk areas, i.e. no blacklists, no
embargoes, no protectionism
While collaboration is encouraged, companies retain individual
responsibility for due diligence
6. Objectives, scope and key features
Objective
Developed through a multi-stakeholder process to provide clear, practical guidance
for companies to ensure they do not contribute to conflict or human rights abuses
through their mineral and metal production and procurement practices
Method and scope
5-step risk-based due diligence process, applies to all companies throughout the
mineral supply chain that produce or potentially use minerals from conflict-affected
or high-risk areas
Applicable to all minerals, on a global scope
Key features
One set of expectations : a common framework for due diligence expectations
throughout the entire mineral supply chain from mines until end users
Risk-based approach:Intensity of due diligence proportional to risk
Progressive approach: promotion of constructive engagement with suppliers in order
to gradually affect change
Reasonable and good faith efforts: Not 100 % compliance overnight
7. Structure of the OECD Guidance – 3rd
edition
Supplement on 3Ts
Supplement on
Gold
Appendix on artisanal
and small scale mining
Annex I: Description of 5-step
approach
Annex II: Model supply chain
policy
Annex III: Principles for risk
mitigation
Appendix on upstream
company risk
assessments
8. Annex II Model Supply Chain Policy
The model supply chain policy is a commitment to refrain from actions that
contribute to significant adverse impacts which may be associated with extracting,
trading, handling and exporting minerals from conflict-affected and high-risk
areas, as well as a commitment to address those risks. The following risks are
addressed in Annex II:
Certain serious abuses of human rights,
• e.g. torture, forced labour, worst forms of child labour, and widespread sexual
violence
direct or indirect support to non-state armed groups,
direct or indirect support to public or private security forces who illegally
control mine sites, transport routes, etc.,
bribery and fraudulent misrepresentation of the origin of minerals,
money laundering,
and nonpayment of taxes, fees and royalties due to government.
9. Recommended actions when risks are
identified
Clear, practical guidance for companies to ensure responsible
operations and sources of supply:
No support to non-state armed groups, No to “serious
human rights abuses” such as forced labour, slavery, the
worst forms of child labour, widespread sexual violence,
crimes against humanity
Prevent & mitigate support to public security forces,
bribery, tax evasion, money-laundering and fraud in
supply chains
Strengthen internal controls, due diligence systems,
engagement with suppliers (e.g. supplier upgrading)
10. “Whole of supply chain” due diligence
e.g. simplified metal supply chain
“Downstream” companies:
Identify “choke points” in supply chain
(e.g. metal smelter or refiners)
Collect information on their upstream
due diligence (e.g. both through
individual efforts and industry auditing)
Use collective industry leverage to
encourage improvement of upstream
due diligence
“Upstream” companies:
Establish traceability or chain of custody to
mine of origin
For “red flagged” supply chains, undertake on-
the-ground assessments of mines, producers
& traders for conflict, serious abuses, bribery,
tax evasion, fraud, money-laundering
Collaborative engagement with local gov’t,
CSOs, local business to prevent & mitigate
impacts, monitor
13. Industry programmes in the mineral
supply chain
Based on the OECD Guidance
Miners (artisanal
and industrial)
Refiners &
Smelters
Bullion Banks &
metal exchanges
Manufacturers
(electronics,
jewellers & others)
3T Programmes Gold Programmes
14. The OECD Responsible Mineral Supply
Chain Implementation Programme
Over 500 organisations involved
– Governments (OECD and non-OECD), international organisations, business,
civil society and other experts
Information-sharing and promotion of due diligence
– Tools, workshops, webinars and training
– Outreach: Africa (Great Lakes region, West Africa), China, Colombia, India,
Middle East
– Peer learning
Collaboration and problem-solving
– Coordinated solutions
– Harmonisation and mutual recognition of industry programmes
– Promotion of responsible mineral sourcing from conflict-affected and high-
risk areas
Forum and workshops on Responsible Mineral Supply Chains
14
15. Indications that due diligence is working towards
breaking the link between mineral extraction, trade
and conflict in the Great Lakes region in Africa
• Militarization of mining sites and trading networks in the Great Lakes region
remains a challenge, particularly for gold
• In 2012 UN Group of Experts on the DRC: “Security situation at 3T mine sites
has improved and trade in 3T has become a much less important source of
financing for armed groups.”
• Need for additional scalable on-the-ground gold supply chain programmes
But it remains difficult to demonstrate the actual results on economic
development and overall improvements of livelihoods
Impacts and challenges:
Affected populations
16. Increased focus on mining sector governance
Improved data on production and trade
Improved capacity to raise taxes and levies
Implementation challenges remain in the Great Lakes region in Africa
Increased visibility of ASM with international buyers, donors and
governments
Guidance first instrument with roadmap for economic and
development opportunities for artisanal miners and formalization
Market-oriented perspective: secure buy-in of international trading,
processing and consuming companies to buy responsible ASM
minerals (e.g. “Just Gold” and “CBRMT” projects)
See OECD FAQ on sourcing gold from ASM miners
Impacts and challenges:
Governance and ASM
17. OECD Guidelines for Multinational Enterprises
OECD Due Diligence Guidance for Responsible Supply Chains of
Minerals from Conflict-Affected and High-Risk Areas
FAQ on sourcing gold from artisanal and small scale miners
Mineral supply chain and conflict links in Eastern Democratic
Republic of Congo
Report on due diligence in Colombia's gold supply chain
OECD Council report on the implementation of the due diligence
guidance
For further information on the OECD’s work on Responsible
Business Conduct
Notas do Editor
A few international instruments exist on responsible business conduct – these primary instruments are aligned in some respects, and certainly complementary, each playing a specific role.
Since 2011, the OECD has helped lead a global movement to prevent the production and trade of minerals used in everyday products from benefiting armed groups and perpetrators of serious human rights abuses.
This instrument was developed as an element of response to the ongoing crisis raging in Central Africa, where dozens of non-state armed groups, and sometimes elements of the national armed forces, have been perpetrating serious abuses of human rights and causing massive unrest for over 15 years. Connexions between the illegal exploitation of mineral resources in these countries and the survival of these armed groups have been long established, and so international leaders called upon the OECD to develop practical recommendations to allow responsible elements of the private sector ensure they are not supporting the perpetuation of this situation.
The OECD guidance focuses on conflict financing through the mineral trade is a major impediment to peace, development and growth.. (read slide)
The DRC is but one example of a global issue – conflict financing is applicable to many regions in the world experiencing conflict and high-risk issues. And the Due Diligence Guidance is applicable to any minerals beings sourced in any high-risk, conflict affected areas in the world.
Securing the integrity of global supply chains will result in many positives beyond simply cutting the source of funding to armed groups who illegally tax and extort. Ending the link between mineral production and violence will result in transparency in supply chains, higher consumer confidence, which will in turn maximise the value of global mineral value chains.
Background
The Due Diligence Guidance was developed in 2009 through a multi-stakeholder, consultative process in partnership with non-OECD economies, notably Africa’s Great Lakes region. Business has been actively involved, characterizing the practical nature of the Guidance and leading to its strong buy-in by business. It is, the de-facto international standard on responsible sourcing of minerals from conflict areas
the Guidance was developed to provide clear, practical guidance for companies to help them ensure they do not contribute to conflict or abuses of human rights through their mineral and metal procurement practices. It applies to all companies throughout the entire mineral supply chain, and has a global scope of application. It is a very practical guide, designed for business, and entails recommendations that are tailored to the mineral considered, and to the position of any given company in the supply chain. Its recommendations are also applicable to all minerals produced in conflict zones or high risks areas, even though to date specific supplements have only been developed for the tin, tungsten, tantalum and gold value chains.
Background
The Due Diligence Guidance was developed in 2009 through a multi-stakeholder, consultative process in partnership with non-OECD economies, notably Africa’s Great Lakes region. Business has been actively involved, characterizing the practical nature of the Guidance and leading to its strong buy-in by business.
It is, the de-facto international standard on responsible sourcing of minerals from conflict areas and is
Supported by the UN Security Council and the G8
Endorsed by the ICGLR in Lusaka Declaration and integrated into ICGLR Certification Mechanism
Integrated into, referenced and/or relied on by multiple industry programs (e.g. DMCC, EICC-GeSI CFS Programme, iTSCi, LBMA, RJC, World Gold Council)
Referenced by U.S. SEC in final rules for section 1502 (Dodd-Frank)
Legal requirement to operate in the DRC, Rwanda and Burundi
Extensively referenced in the draft EU legislation
So what is the DDG? (read slide)
Explain what choke point means
5-step DD framework, shown here for upstream and downstream.
If we use this slide, we should point out the key messages
5 steps apply to both upstream and downstream
Smelter/refiner is the shared point
Companies can use industry programmes to supplement their DD
Whole of the supply chain approach means implementation of the Guidance takes many different shapes.
While the ultimate responsibility for DD rests with each company, industry initiatives have helped operationalize the Guidance. We are also seeing increasing efforts to align and mutually recognize between different initiatives.
They estimate that approximately 90% of all refined gold, 95% of smelted tantalum and 75-85% of smelted tin produced every year is covered by industry audit programmes designed to implement the Guidance, although some of these programs have limited geographic scope.
iTSCi estimates that its programme provided market access to an estimated 80,000 artisanal and small-scale miners in Africa’s Great Lakes region, who support an estimated 400,000 dependents.
The Alliance for Responsible Mining and its Fairmined label today have 10 gold mining organisations that are certified, employing 1,531 miners in Peru, Colombia, Mongolia and Bolivia, indirectly benefitting some 3,780 people. 109kg of gold were sold in 2015 under Fairmined conditions, generating an additional income of approximately 445,000 USD in Fairmined Premium, invested in continuous improvement of the mines and their communities.
Existing audit programmes are increasingly collaborating and mutually recognizing each other:
Horizontally: i.e. mutual recognition at smelter level, such as the CFSI/LBMA/RJC agreements and the RJC/DMCC agreement
Vertically: i.e. upstream and downstream recognition, such as the iTSCi/CFSI agreement and the CFSI/International Conference on the Great Lakes Region (ICGLR) agreement
Now time to take stock of progress and focus on measures that can enhance coherence, effectiveness and credibility of the existing initiatives developed to operationalise the OECD Due Diligence Guidance. Speak to Alignment Assessment work.
The Guidance has now entered its fourth year of implementation, and is supported in this objective by a very dynamic multi-stakeholder programme consisting of government delegates and representatives of the private sector and the civil society, both national and international. This implementation programme has been particularly successful in reaching out to governments and businesses of producing, processing and consuming countries, as well as in developing practical tools to support implementing companies.
Many ASMiners seem to have turned to gold mining, where significant challenges remain: UN GoE estimated that 98% of ASM gold from the DRC is smuggled out of the country illegally.
ICGLR:
Slow mining sector reforms
Limited number of validated sites
Delays in launching the RCM audit programme and oversight
Varying levels of professionalism of state mining agencies