Today, Amnesty International took an important step in the continued fight for conflict free minerals by filing a petition asking the U.S. Court of Appeals for the District of Columbia to reconsider an earlier decision affecting Section 1502 of the 2010 Dodd-Frank Wall Street Reform and Consumer Protection Act.
Section 1502 requires that companies submit public reports to the Securities and Exchange Commission (SEC) detailing whether their products contain certain minerals that have been found to fuel conflict in the Democratic Republic of the Congo (DRC). These minerals are commonly known as conflict minerals.
In August 2015, the U.S. Court of Appeals for the District of Columbia found that it was a violation of companies’ first amendment rights that their products could be described as “not been found to be DRC conflict free.” Amnesty International’s petition is calling for a review of the decision by the full court, and it is theirs and JWW’s hope that the full court will overturn the decision.
While conflict minerals are not the only driver of violent conflict in the DRC, they do help fuel conflict by providing funds to various militia groups, allowing them to continue their campaign of terror. Section 1502 helps cut off the flow of money to these groups, and allows for the resource wealth to help develop the country.
In addition to the impact this decision has on 1502 filings, as Amnesty International said, “The decisions also set a bad precedent that companies’ First Amendment rights can limit common-sense disclosures intended to advance human rights around the world.”
JWW hopes with this petition, the full court will do the right thing and overturn the previous decision. You can read Amnesty International’s full press release about their petition here.