Preprint Article Version 1 Preserved in Portico This version is not peer-reviewed

An Unintended Legacy: The External Policy Responses of the US and European Union to Conflict Minerals in Africa

Version 1 : Received: 15 May 2021 / Approved: 21 May 2021 / Online: 21 May 2021 (09:31:02 CEST)

A peer-reviewed article of this Preprint also exists.

Addaney, M.; Lubaale, E.C. An Unintended Legacy: The External Policy Responses of the USA and European Union to Conflict Minerals in Africa. Laws 2021, 10, 50. Addaney, M.; Lubaale, E.C. An Unintended Legacy: The External Policy Responses of the USA and European Union to Conflict Minerals in Africa. Laws 2021, 10, 50.

Abstract

Competition over environmental and natural resources characteristically lies at the heart of armed conflicts in Africa. It is also common knowledge that some companies dealing in products such as laptops, smart phones and jewellery; import minerals from conflict-affected areas, thereby indirectly fuelling conflicts in these areas or undermining human rights. For a continent endowed with natural resources including minerals, Africa has suffered the brunt of this predicament. This state of affairs has lent impetus to the adoption of several regulations geared towards curbing irresponsible business practices by companies relying on such minerals, the goal being, amongst others, to guarantee the protection of human rights. In May 2017, the European Union adopted Regulations intended to stop the importation of conflict minerals in Europe, debatably making giant strides in the direction of protection of human rights. These Regulations are to come into force in 2021. However, can these regulations advance the much-desired goal of protection of human rights in Africa on issues pertaining to conflict minerals? By analyzing the 2017 EU Regulations in light of previous regulations of a similar nature, the paper concludes that the said regulations constitute a weak normative framework and could in fact have unintended consequences on the fundamental rights of civilians in natural resource-rich conflict areas of Africa.

Keywords

Africa, armed conflict, business, corporations, environment, human rights, minerals, European Union, regulations

Subject

Social Sciences, Law

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