Box 256, 751 05 Uppsala
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The Narrative of Conflict Minerals
An Exploration of Sexual Gender-Based Violence and Socioeconomic Impacts of the Dodd-Frank Act in the Eastern
Democratic Republic of the Congo
Sara Engström
Bachelor thesis of 15 ECTS in Political Science Supervisor: Kristin Ljungkvist
Spring Semester of 2017
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Word count (including footnotes, references, and abstract): 13 344
Engström, S (2016). The Narrative of Conflict Minerals: An Exploration of Sexual Gender- Based Violence and Socioeconomic Impacts of the Dodd-Frank Act in the Eastern
Democratic Republic of Congo
Abstract
This thesis elaborates on a complex, multilayered gender perspective of mineral exports in the conflict of the eastern Democratic Republic of the Congo. The focus lies on the Dodd-Frank Act and its implications for sexual gender-based violence, both conflict and non-conflict related, as well as socioeconomic dimensions. The in-depth analysis of these factors indicates, that after the initiation of the well-intended Act, the occurrence of sexual gender-based violence has increased and socioeconomic situation for women have worsened. Possible reasons can be found in the sole focus on Western narratives and the neglect of local perspectives.
Key words: Gender, conflict minerals, artisanal mining, sexual gender-based violence (SGBV), the Dodd-Frank Act, the Democratic Republic of the Congo.
Content
Abstract ... 1
Acronyms ... 4
Figure 1: Map of the Democratic Republic of the Congo ... 5
1. Introduction ... 5
1.1 Background ... 5
1.2 Aim and research question ... 7
1.3 Previous Research ... 8
1.4 Disposition ... 10
2. Theoretical perspectives ... 11
2.1 Postcolonial feminist theory ... 11
2.2 The narrative of eastern DRC ... 12
2.3 Studying gender equality: A focus on sexual gender-based violence and socioeconomic dimensions ... 13
3. Methodology ... 14
3.1 Case selection: A case study of eastern Congo ... 14
3.2 Methodological approach: Gender analysis ... 14
3.3 Secondary empirical material ... 16
4. An analysis of sexual gender-based violence and the socioeconomic situation in eastern DRC ... 17
4.1 Conflict-related SGBV in eastern DRC ... 17
4.1.1 Definition: Sexual gender-based violence in war ... 17
4.1.2 Rates of conflict-related SGBV: A quantitative evaluation ... 18
4.1.3 The narrative of conflict-related SGBV: A qualitative evaluation ... 20
4.1.4 Discussion: The discrepancy between the narrative’s expected outcome and the data ... 22
4.2 Non-conflict-related SGBV in eastern DRC ... 24
4.2.1 Background: Gender inequality and accountability ... 24
4.2.2 Non-conflict-related SGBV in eastern DRC: A quantitative evaluation ... 25
4.2.3 Discussion: Action and narrow perceptions ... 26
4.3.2 Dimensions of socioeconomic impact by the Dodd-Frank Act: A qualitative approach ... 28 4.3.3 Discussion: Artisanal mining and the victimization of the women in the industry 30
5. Conclusion ... 33
6. Bibliography ... 36
6.1Appendix ... 44
Appendix 1: Armed groups active in eastern DRC ... 44
Appendix 2: Mineral exports of the 3T’s (tons) and gold (kilograms) ... 45
Appendix 3: Statistics of sexual in eastern DRC ... 45 Appendix 4: Total chart of sexual gender-based violence in eastern DRC (2008-2016) 46
Acronyms
3T Tin, Tantalum and Tungsten ASM Artisanal and Small-scale Mining CSO Civil Society Organization
DRC Democratic Republic of the Congo (République démocratique du Congo) DRCG The Government of the Democratic Republic of the Congo
FARDC Armed Forces of the Democratic Republic of the Congo (Forces Armées de la République Démocratique du Congo)
GoE The Group of Experts on the Democratic Republic of the Congo GAO United States Government Accountability Office
HRW Human Rights Watch
ICGLR International Conference on the Great Lakes Region
MONUC United Nations Mission in the Congo (Mission de l’Organisation des Nations Unies au Congo)
MONUSCO United Nations Organization Stabilization Mission in the DR Congo (Mission des Nations Unies pour la Stabilisation du Congo)
NGO Non-Governmental Organiszation
OECD Organisation for Economic Co-operation and Development
PoE The Panel of Experts on the Illegal Exploitation of Natural Resources and Other Forms of Wealth of the Democratic Republic of the Congo
SGBV Sexual Gender-based Violence UN United Nations
US United States of America
USAID United States Agency for International Development UNECA United Nations Economic Commission for Africa
Figure 1: Map of the Democratic Republic of the Congo (United Nations Peacekeeping Operations, 2004)
1. Introduction
1.1 Background
In 2010, the US Senate passed a legislation aimed to prevent illegally mined minerals from financing and sustaining the atrocities and human rights abuses committed in the Democratic Republic of the Congo (DRC). Section 1502 of the Dodd-Frank Wall Street Reform and Consumer Protection Act (hereafter the Dodd-Frank Act) addresses the issue of the so-called
‘conflict minerals’1 and is the first law to actively pressure companies to trace the origin of minerals used in their manufacturing (UNECA, 2013:29).Legislators and advocators presumed that by hindering companies from sourcing conflict minerals as well as enforcing transparency in mineral supply chains, the violence perpetrated by armed groups would decrease due to restricted capital assets (Autesserre, 2012; GAO, 2015:1; Sheriff, 2015).
1 The term 'conflict minerals’ refers to the minerals tin [Sn], tantalum [Ta] and tungsten [W] (hereafter the 3Ts) and gold [Au], when extracted from DRC or its nine surrounding countries, presumed they are extracted or sold by armed groups who use revenues to fund military operations (Sec. 1502. Dodd-Frank Act, 2010:838-843).
The enactment of the Dodd-Frank Act came after heavy pressure from Civil Society Organizations (CSO’s) and Non-Governmental Organizations (NGO’s). They demanded legal action against the widespread systematic violence in eastern DRC, emphasizing the sexual violence against women and girls (Seay, 2012:9; Autesserre, 2012:210; Bashwira et al., 2013:2). In recent years, the DRC has received increased attention over the problem of extreme sexual violence perpetrated against the civilian population. One of the most highlighted issues includes rape and other forms of sexual violence used as a war strategy. NGO’s have been especially persistent on this matter, arguing that common technology consumption and sexual violence in mining regions are strongly connected. For instance, the American NGO the
‘Enough Project’ states that by consuming cell phones or laptops containing conflict minerals, the consumer contributes to empowering armed groups, who employ sexual violence to control civilian populations in eastern DRC (Prendergast, 2009; Bafilemba et al., 2014).
DRC’s mineral sector is primarily driven by artisanal small-scale mining (ASM) (UNECA, 2013:7). It is a low-skilled and labor-effective mining method, which requires only simple tools or work by hand (World Bank, 2013). Located in remote areas of the Congo Basin rainforest, artisanal mines directly support the livelihoods of approximately 1-2 million Congolese people (Bashwira et al., 2013:2; Seay, 2012:15; Sheriff, 2015). According to Seay (2012:15), the number of people indirectly relying on the mining industry could be as high as 12 million people due to the number of dependents miners support. Moreover, estimates by Hayes & Perks (2012:529) show that at least half of the laborers working in the ASM industry are women.
Because of very limited alternatives of income, artisanal mining provides an essential source of livelihood for women in eastern DRC (Bashwira et al., 2013:2; Seay, 2012:14). However, the well-intended Dodd-Frank Act has led to what many researchers call a de facto embargo on minerals exported from the DRC (Seay, 2013:14; Autesserre, 2012; Heath, 2015; UNECA, 2013:29). After its enactment, companies simply stopped sourcing minerals from DRC due to the complicated and expensive transparency measures needed to fully comply with the law2. The de facto embargo resulted in a 90% decline in sales of DRC minerals in 2011 and the exports have not recovered since (Heymann, 2013). Hence, more than 1 million Congolese miners already living in extreme poverty are likely to have lost their main source of income (Seay, 2012:14).
2 The Dodd-Frank Act pursues change from a top-down perspective. By imposing due diligence on mineral supply chains, it aims to hinder armed groups from benefiting from mineral revenues (Amnesty International &
Global Witness, 2015:10; UNECA, 2013:29).
1.2 Aim and research question
The situation described has provoked several studies focusing on the Dodd-Frank Act’s impact on several aspects connected to the mineral trade. Areas investigated include the Act’s impact on companies and supply chains (Amnesty International & Global Witness, 2015; UNECA, 2013; GAO, 2015), the mineral trade (Heymann, 2013) local communities (Seay, 2012; Heath, 2015) and the artisanal mining sector (Matthysen & Montejano, 2013). However, there is little research on how the Dodd-Frank Act may have impacted women, who’s circumstances it set out to improve:
“It is the sense of Congress that the exploitation and trade of conflict minerals originating in the Democratic Republic of the Congo is helping to finance conflict characterized by extreme levels of violence in the eastern Democratic Republic of the Congo, particularly sexual- and gender-based violence, and contributing to an emergency humanitarian situation therein, warranting the provisions of section 13(p) of the Securities Exchange Act of 1934 […]”
- Excerpt from the Dodd-Frank Act, Sec. 1502. H. R. 4173:838
Since one of the primary objectives of the Dodd-Frank Act is to improve the security for women as well as to decrease sexual gender-based violence (hereafter SGBV) in the eastern regions, the lack of research is odd. Considering the immense abuses and inequalities women face in eastern DRC, it is a necessary and important topic to address. In the contemporary discourse, women are pictured as vulnerable victims of harassment and abuse (Bashwira et al., 2013).
NGOs and journalists contribute to this image by presenting armed groups living off illegal mineral wealth as the main enemy to the security of women in the region (Autesserre, 2012).
Whilst it is imperative to bring attention to the SGBV in eastern DRC, the one-dimensional approach to the cause and effect of the issue is problematic. Contemporary scholars focused on the DRC (Perks, 2011; Autesserre, 2012; Seay, 2012; Bashwira et al., 2013; Kelly et al., 2014) argue that the sole focus on conflict minerals as a leading cause of the widespread SGBV might overshadow the complex gender dynamics in artisanal mining areas.
By drawing from Autesserre’s (2012) views on the simplified understanding of the complex conflict in eastern DRC, this thesis aims to contribute to the field of research by looking beyond the narrative produced by Western actors. By the means of postcolonial feminist theory, this thesis examines how the Dodd-Frank Act has impacted rates of SGBV and socioeconomic factors in eastern DRC. I hope to provide a wider and more nuanced understanding of women’s complex situation in the DRC-conflict as well highlight the importance of gender perspectives
in research. I do not suggest, that all women in and around mining areas in eastern DRC face the same problems or have the same needs, I rather want to analyze how their circumstances may have changed after the initiation of the Act. I aim to make a careful, clear and just analysis of the Dodd-Frank Act and its possible implications on women’s circumstances in eastern DRC.
1.3 Previous Research
The issue of conflict minerals has received much attention by both the civil society and academia. The vast mineral wealth, estimated to 24 trillion US$ (DeKoninck, 2015:122), has fostered fierce competition between a broad spectrum of agents (Sheriff, 2015). While armed groups have illegally exploited the T3 minerals and gold for little more than two decades (USAID, 2016), the mineral sector first received broad international attention in the early 2000’s. The UN Secretary-General appointed the ‘Panel of Experts on the Illegal Exploitation of Natural Resources and Other Forms of Wealth of the Democratic Republic of the Congo’
(hereafter the Panel) to research the links between natural resource exploitation and the ongoing conflict in DRC (PoE, 2001:4). The Panel was first to uncover the connection between mineral extraction, conflict, and the international market. Their second report (2002) revealed that armed groups tied to Rwanda, Uganda, and Zimbabwe had ”[…] built up a self-financing war economy centered around mineral exploitation” (PoE, 2002:5).
Sexual violence and gender related issues were not prominent in the discourse at that time (Autesserre, 2012:2014). Human Rights Watch (2002) was one of the first to regard the subject of the report ”The war within the war”. It emphasizes the widespread sexual violence against women and girls, arguing that the climate of impunity must improve to decrease SGBV. Some researchers and organizations have much later argued for a direct connection between illegal mineral exploitation and the widespread SGBV perpetrated by armed groups in eastern DRC (e.g. DeVoe, 2011; Prendergast, 2009; Bafilemba et al., 2014; Amnesty International & Global Witness, 2015). These actors currently push for consumer responsibility and the need for Western action on the matter, placing little focus on local agency.
Mantz (2008) approaches the conflict and the mining industry from a Marxist anthropological perspective. He theorizes around how the idea and demand of common technology are connecting rural areas in eastern Congo to the global neoliberal market and Western consumers by e.g. commodity prices. Further, he emphasizes, that economic institutions rely on basic social trust, something that cannot be achieved by Western market interference.
Hayes & Perks (2012) have examined the role of artisanal mining for women in eastern DRC.
The study acknowledges that ASM proves to be an important livelihood for women and has the potential to drive economic growth, especially in a setting with less gender inequality. Another study focused on gender aspects is Rustad et al. (2016), which has examined sexual violence in and around mining areas. The study concludes that women living close to mines are more likely to experience sexual violence from both partners and non-partners. However, emphasizing that measures to restrict women’s activities in mining are likely to have negatives effects on women’s empowerment.
Matthysen & Montejano (2013) and Seay (2012) both conclude that the Dodd-Frank Act had socioeconomic consequences for the population of eastern DRC, because of the de facto boycott on DRC minerals of DRC origin. They discuss the socioeconomic effects of President Kabila's ASM mining ban in 2010 and the de facto embargo on conflict minerals since 2011 on local livelihoods. Both stress a comprehensive approach from the government of DRC (hereafter DRCG), arguing that international legislative efforts cannot replace local governance. Thus, opposing the approach promoted by the NGO’s advocating for international regulations.
Lawson-Remer & Greenstein (2012) argue that international laws enforcing transparency on the conflict mineral trade must be stronger. If the international community and not only national governments pressure the matter, it harder for companies to ignore requirements of transparency. Larger international involvement could also ease the pressure of industry lobbyists working against transparency legislation.
Furthermore, Seay (2012), as well as the Center for International Forestry Research (CIFOR, 2012), problematize the mineral certification schemes, that have been implemented in the years after the Dodd-Frank Act. Both criticize the all or nothing approach, arguing that the current measures are unclear and hard to implement. Seay suggests that graduate improvement rather than 100% conflict-free certifications will provide sustainable change.
As presented in this subchapter, research has explored a variety of areas, such as the role of conflict minerals in the informal economy, women in the artisanal mining sector, the nexus between globalization and the DRC mineral sector as well mineral certification schemes.
However, no studies explicitly evaluate the impact of the Dodd-Frank Act regarding its gender-
related objectives. Thus, the contribution of this thesis could highlight new correlations and findings important to current research.
1.4 Disposition
After establishing the aim of this thesis as well as previous research in the first chapter, the following second chapter will give account for the theoretical framework employed in this thesis. It will introduce post-colonial feminist theory as well as gender perspectives of International Relations scholars focusing on eastern DRC. Last, the chapter will present the explaining factors examined in the analysis of this thesis. The third chapter starts with introducing the case selection more closely. Further, it discusses the methodological choices as well as giving a more profound account of the explaining factors. After the chosen empirical material evaluated in the analysis is presented, followed by a short discussion of its relevance.
After, the chosen empirical material used in the analysis will be presented, followed by a short discussion of its relevance. Chapter four constitutes the analysis, which will take a thematic structure. The chapter explores whether there are any measurable changes in the explaining factors. First, it examines the factor ‘conflict-related SGBV’. Second, the chapter will examine the factor ‘non-conflict-related SGBV’. The chapter ends with an analysis of the factor
‘socioeconomic dimensions’. To explain the result, I use the broader lens of postcolonial feminist theory and narrative theory to analyze the result of the examination. The fifth and last chapter will summarize the findings of the analysis as well as reflect over the results.
2. Theoretical perspectives
My theoretical approach is based on a gender perspective. More specifically, I will draw on ideas of postcolonial feminist theory as well as more precise conceptualizations by scholars focused on eastern DRC, who have elaborated on the simplified narratives of the complex conflict. I chose these theories because they capture nuances and explain discrepancies between expected outcome and reality that other approaches might overlook. Postcolonial feminist theory is often used to highlight the generalization and appropriation of ‘Third World Women’
by Western feminist scholars (Mohanty, 1988:61). The theory has not explicitly been employed to the conflict-case of eastern DRC, but I believe it will provide useful input to the analysis.
Autesserre (2012) has used narrative theory to explain the power of simple narratives to explain the origin of the Dodd-Frank Act. Therefore, these perspectives can complement each other.
The following subchapter will introduce the postcolonial feminist theory and its central concepts. The second subchapter will provide an explanation of the constructed narrative of eastern DRC, followed by an introduction to this thesis’ theoretical framework.
2.1 Postcolonial feminist theory
Postcolonial feminist theory is a gender perspective developed by non-western feminist scholars (Mishra, 2013:139). The theory is concerned with representation and questions how Western feminism misrepresent women in non-western contexts (Kerner, 2016; Mishra, 2013:133). Virtually, it stresses self-representation as opposed to universal representation by Western norms and ideas (Mishra, 2013:130). Furthermore, the theory highlights the gender dimensions of the continuous impact of colonialism in the North-South3 relationship.
The theory emerged in academia in the late 1980’s as a counter-reaction to the white feminist discourse, which in large extent builds upon Western women’s experiences (Mishra, 2013:129, 131). Early postcolonial feminist scholars like Mohanty (1988) and Spivak (1988) have been influential in addressing the generalization of women’s needs and challenges as well as the issues of women’s representation in third world countries. The theory criticizes Western feminism and the gender mainstreaming approach4 for employing a Eurocentric viewpoint,
3 A term used to distinguish privileged countries/communities (North) from politically and economically marginalized countries/communities (South) (Mohanty, 2003).
4 Gender Mainstreaming is a global UN strategy promoting gender equality on all levels in e.g. policy development, research, legislation, resource allocation, project implementation and so on. It was formally embraced in the Fourth Conference on Women in Beijing, 1995 (UN Women, 2017).
which constructs third world women as a homogenous group of victims to their local cultural and socioeconomic structures (Mohanty, 1988; Mishra, 2013; Kerner, 2016). Further, it criticizes UN initiatives such as Resolution 1325 for having a bias of Western ideas, which are not universally applicable (Pratt & Richter-Devroe, 2011). Postcolonial feminist theory advocates for contextual awareness of gender oppression in different cultural environments (Taeko, 2014:829). It also promotes the acknowledgment of class, age, and ethnicity, since women in various socioeconomic and cultural contexts face different challenges (Mohanty, 1988). Moreover, postcolonial feminist theory emphasizes the importance not to ascribe women universal needs as such (ibid).
2.2 The narrative of eastern DRC
In the article “Dangerous Tales: Dominant Narratives on the Congo and their Unintended Consequences”, political scientist Séverine Autesserre (2012) addresses how the Western discourse has constructed a simplified narrative about eastern DRC, resulting in international efforts solely focusing on conflict minerals, sexual violence, and government empowerment.
She lays out three dominating narratives concerning the conflictual situation in the region. The first narrative attributes armed groups’ illegal exploitation of natural resources as the primary cause of the SGBV in eastern DRC. The second narrative exhibits rape and sexual violence against women and girls as the main consequence of this illegal exploitation (Autesserre, 2012:204). The third and final narrative focuses on two primary solutions; reconstruction of state authority5 and halting the illegal exploitation of minerals6 (Autesserre, 2012:218).
Autesserre describes a narrative as “[…] a story that people create to make sense of their lives and environments” (2012:206). A narrative can help shape the way people perceive a social or material situation, which in turn orients the designated action in the particular environment.
Narratives are based on frames, which construct the reality we understand. For instance, a frame can shape the view of what is considered a problem, what aspects to highlight, and how a narrative is interpreted (ibid). Narratives and their frames are not themselves the cause of action, but they enable action by justifying some practices and excluding others (Autesserre, 2012:207). A narrative can be very powerful, and some stories resonate more than others. A
5 State building efforts are mainly a concern of the UN, through peacekeeping missions such as prior MONUC and current MONUSCO (United Nations Organization Stabilization Mission in the DR Congo) (Autesserre, 2012:218).
6 Legislative efforts and advocacy have focused on regulating the mineral trade.
short and clear chain of responsibility and a simple solution are more likely to be efficient. The same applies to a narrative including a clear ‘evil’ and ‘good’ party (ibid).
2.3 Studying gender equality: A focus on sexual gender-based violence and socioeconomic dimensions
These theoretical perspectives illuminate the problem of imposing Western norms and ideals based on generalizations and assumptions of universal needs and challenges. By employing such lenses, I want to problematize how actors in the Western discourse perceive and reproduce the image of women in eastern DRC through the narrative of conflict minerals. I also want to problematize the selective focus on sexual gender-based violence (Autesserre, 2012; Seay, 2012) and the victimization of women in the mining regions of DRC (Bashwira, 2013).
Given the objective of this thesis, presented in the first chapter, I will evaluate the possible impact of the Dodd-Frank Act through a framework of three explaining factors related to gender-based violence and socioeconomic aspects. The first two factors ‘conflict-related SGBV and ‘non-conflict-related SGBV’ focus on changes in rates of SGBV, whereas the third factor
‘socioeconomic dimensions’ concerns impacts on women’s employment in ASM.
The thesis emphasizes the factors related to SGBV because the Dodd-Frank Act specifically target sexual violence against women as a core problem it wants to diminish. It will examine any direct or indirect effects the Act may have caused on both conflict-related SGBV and on rates of incidents by civilian actors. SGBV in this thesis encompasses rape, sexual abuse, forced sterilization, or other types of gender-related violence "[...] by any person regardless of their relationship to the victim, in any setting” (OHCHR, 2014).
The thesis also accounts for a socioeconomic perspective because it aims to not lay sole focus on SGBV-issues. When women are repeatedly identified as victims of gender inequality or patriarchal violence, they are defined by how institutions and systems perceive them, which produce an image of women without agency (Mohanty, 1988:66). The Western discourse often portrays women in the conflict mineral context as a group of victims without agency or political or organizational capacity and I want to bring other aspects to light. Therefore, I will also examine the Dodd-Frank Act’s possible impact on socioeconomic dimensions.
3. Methodology
Whereas I recognize my limited experience with the empirical actuality of the studied environment, I intend to develop a reliable analysis repeatable by any other party researching the same matter with the same methodological and empirical approach. I will emphasize source criticism and my intention is to analyze the material as objectively as possible. First, I will introduce the case subject to the study more closely. The following part focuses on the methodological details and challenges as well as presenting the framework of explaining factors I will evaluate in the analysis. The last part will present the empirical material used in the study.
3.1 Case selection: A case study of eastern Congo
This thesis will undertake a case study of eastern DRC, geographically delimited to the provinces of North and South Kivu, Maniema, Katanga, and Orientale. I have chosen eastern DRC for the following reasons. First, Sec. 1502 of the Dodd-Frank Act explicitly targets minerals sourced from DRC, hence DRC is more relevant to be examined than the nine surrounding countries included in the legislation.7 Second, the eastern provinces have the highest mineral wealth and host most of the artisanal mines (Bulakali, 2014). Third, the case is a relevant example of how high-level international legislation can impact the grassroots level of remote communities, thus, opening for debate whether this type of foreign interference is positive or not. Finally, the case is intriguing to examine from a postcolonial perspective. It illustrates a ‘North versus South’ situation, where an actor from the Northern context tries to impact a foreign locality in the global South. The case illustrates the problem with interference through generalizations, exhibiting a form of neocolonial behavior expressed in the dogmatic
‘big brother’ behavior of the North. Although the case presents a general point, it is a case study of a specific context, with a specific perspective, hence it cannot generally be applied to other cases, but rather bring attention to this type of selective focus by Western influences and the local impact it brings.
3.2 Methodological approach: Gender analysis
The methodological approach comprises an in-case analysis of three explaining factors: i) conflict-related SGBV ii) non-conflict-related SGBV and iii) socioeconomic dimensions. I chose the first two because of their central role of in the narrative about eastern DRC. I will use
7 The nine surrounding countries are included for smuggling reasons.
both quantitative and qualitative material; statistical data, reports, journalistic articles and academic empirical material. The first factor, ‘conflict-related SGBV’ focuses on sexual violence perpetrated by armed actors connected to the conflict. The second factor, ‘non- conflict-related SGBV' examines sexual violence perpetrated by actors not directly involved in the conflict, such as civilians or unknown perpetrators. The study is only concerned with sexual violence by non-partners, thus excluding domestic SGBV by partners or family members. The third factor, ‘socioeconomic dimensions’ relates to socioeconomic circumstances and will comprise a qualitative analysis, focused on women working directly in the artisanal mining sector or in subsidiary businesses. The analysis includes a socioeconomic factor because I want to highlight the complex function women play in the mining towns of eastern DRC, instead of reproducing the generalizing and victimizing portrayal commonly described.
The factors will be used as a framework to analyze and evaluate the quantitative and qualitative material to assess if the Dodd-Frank Act has impacted any of the respective areas. I will map any possible change through dividing the time scope into two parts and compare the state before and after the initiation of the Act. The period before includes the years of 2008-2010, stretching from the post-war period to the introduction of the Dodd-Frank Act. The second term accounts for 2011-2016, the time the Dodd-Frank Act has been in place.8 The Group started to monitor the conflict and its ties to the illegal mineral exploitation in 2004. However, it does not report any SGBV until its interim report in 2008 (GoE, 2008a). Therefore, the timeline starts in 2008.
Although a lack of reporting by the Group, SGBV was a continuous issue during 2004-2008.9
By analyzing both qualitative and quantitative material through the given framework, it is possible to detect changes in the data over time. I have chosen the initiation of the Dodd-Frank act as the breaking point of the time scope because it is the only comprehensive international legislation so far, that aims to downscale the conflict through regulating the mining sector. I will use different factors to get a more comprehensive view of the Dodd-Frank Act’s possible impact and to highlight aspects uncommon in the discourse of the women in the conflict. As presented, I will use postcolonial feminist theory and narrative theory to analyze and elaborate
8 There is not yet any available material regarding 2017.
9 A study by Steiner et al. (2009:6) carried out in South Kivu in 2009 concludes approximate numbers of rape in 2005-2007, accounting for 9109 incidents in 2005, 6338 incidents in 2006, and 5070 incidents in 2007. Since the study does not provide any information about the perpetrators, I cannot include the figures in my statistical compilation. However, it gives an indicator of SGBV-rates registered in previous years. Another study by Peterman et al. (2011:1060) presents more extreme numbers, outlining that more than 400 000 women were exposed to sexual violence over the course of 12 months spanning over 2006-2007.
the outcomes of my examination. To state my findings clearly, I will use the matrix displayed below. After analyzing the factors, I will determine their status as either changed or unchanged.
Conflict-related sexual violence
Non-conflict- related SGBV
Socioeconomic dimensions Post Dodd-Frank
Act
There are other explaining factors of interest to this examination, such as wage gaps and education. However, due to the limited data and material available, it is not possible to adequately examine any possible changes in wages or education levels in the given period.
3.3 Secondary empirical material
Due to the limited scope of this thesis and the difficulty of collecting first-hand material, the analysis will be based on secondary material. It will primarily consist of data compiled between 2008-2016 by the UN Groups of Experts on the Democratic Republic of the Congo (hereafter
’the Group’) and complemented with reports by MONUSCO10, other UN bodies, and the DRCG. The Group was appointed by the UN Secretary-General in 2004 to map the correlation between armed groups and natural resources as well as monitor the military activity and human rights violations in eastern DRC (United Nations Security Council, 2016). The Group is also mandated by Section 1502’s legislators to consult them regarding conflict minerals and the trading routes (Dodd-Frank Act Sec. 1502, 2010:841). Therefore, its reports provide detailed accounts over the given period examined in this thesis. However, the challenging conditions and the weak coordination between actors present in eastern DRC have resulted in a lack of systematization of data on sexual violence (GoE, 2008b:46). There is a coordination initiative, the tool GBVIMS11, which coordinates data of SGBV from several actors, but it is not public to ensure the anonymity and safety of survivors (GBVIMS, 2017a). The data gaps could render drawing precise conclusions as difficult. Hence, I have used additional sources to fill some of the gaps in the Group’s data. The risk of double counting incidents is acceptable in this case, because the margins are too minor to have a significant impact on the final compilation of data.
10 United Nations Organization Stabilization Mission in the DR Congo.
11 Gender-based Violence Information Management System (GBVIMS) is an information sharing tool aimed to collect data of gender-based violence from several actors. It is initiated by UNFPA, UNHCR, UNICEF, IMC and Rescue (GBVIMS, 2017b).
4. An analysis of sexual gender-based violence and the socioeconomic situation in eastern DRC
In this chapter, I explain the aforementioned factors in three subchapters. First, I examine SGBV related to the conflict context. In the second subchapter, I then evaluate acts of SGBV not directly connected to the conflict. Namely, incidents perpetrated by civilians, unarmed actors or unidentified individuals. In the last subchapter, I analyze socioeconomic aspects, focusing on women’s employment in the artisanal mining sector.
4.1 Conflict-related SGBV in eastern DRC
In this section, I track, evaluate and discuss possible impacts by the Dodd-Frank Act regarding the factor conflict-related SGBV. First, I establish the contextual background by introducing the employment of SGBV in war and take a closer look on the DRC case. After, I examine the quantitative and qualitative material. Last, I conclude the subchapter with a discussion and analyze the outcome of the examination.
4.1.1 Definition: Sexual gender-based violence in war
Rape as a war strategy is not a new phenomenon, neither exclusive to the DRC nor to sub- Saharan Africa. It has been observed in numerous contemporary conflicts from Asia to Latin America (Buvinic et al., 2012:13).12 The practice is thought to be rooted in the perception of women as reproducers and caretakers of the community, thereby a symbolic target. Moreover, women are often regarded (directly or indirectly) as the property of the man in strongly patriarchal societies. Thus, when abusing a woman, one indirectly hurts the man (Smith-Spark, 2016). Warring parties have employed sexual violence for various purposes from spreading terror and punishing opponents to impregnating women of the other side of the conflict as an attempt to “redraw ethnic boundaries” (Buvinic et al., 2012:13; Smith-Spark, 2016).
Rape emerged as a war strategy in the DRC during the Congo wars. In the second war (1998- 2003), the U.N. Panel of Experts13 (2002:19) reported on serious abuses of women, including rape and abduction for sexual slavery. However, their 2002’ report only addressed sexual
12 For example, the Yugoslavian war, the Rwandan genocide, the Kashmir civil war, the war in Peru and the civil war in Sudan (Buvinic et al., 2012:13).
13 The Panel was appointed by the Secretary-General (UN) between 2000-2003 to investigate whether armed groups benefited from illegal mineral trade in eastern DRC. The Panel is not to be confused with the Group.
violence briefly, which could suggest that the Panel made no significant connection between the SGBV and conflict minerals at the time. Nevertheless, it was a widespread issue in eastern DRC. For instance, Human Rights Watch (2002) argued the same year, that most armed groups exercised sexual violence, targeting women and girls, as a weapon to control populations.
Furthermore, many men and boys are also exposed to SGBV in conflict, although reported cases of male victims remain extremely low compared to incidents involving women14 (Bastick et al., 2007:42; Autesserre, 2012:216). However, figures of male abuse may be highly underestimated, due to e.g. the large sociocultural stigmatization men exposed to SGBV face, which could prevent them from reporting incidents (Christian et al., 2011).
4.1.2 Rates of conflict-related SGBV: A quantitative evaluation
The quantitative data I will present in this section is primarily compiled from the reports of the Group (2008-2016). It has successfully identified many perpetrators of conflict-related incidents of SGBV, tying ten armed groups to such acts.15 To complement the Group’s material, I have accumulated quantitative material from other UN organs as well as the DRCG. Despite some data gaps, the compilation provides enough information to analyze trends of SGBV in the given period. I have only included incidents officially confirmed as conflict-related, perpetrated by militant actors towards civilian women in eastern DRC. Recorded cases without determined perpetrators or numbers of victims are excluded.
The annual figure of recorded incidents forms an irregular pattern both before and after the initiation of the Dodd-Frank Act in 2010 as seen in diagram 1a, where red bars in the diagram represent the first period and the blue bars the second period. In the three years building up to Section 1502, a total of 2611 cases were recorded. The six following years saw a steep increase, amounting to 11044 cases on a three-year average. 2008, 2010 and 2016 all display significantly lower numbers than the other years, suggesting that these years are underreported, but the estimation of the error margin is difficult. However, studying the year before and after a gap gives some indications. For instance, the number of reported incidents in 2009 and 2011 are very similar (2475 cases increasing to 2874 cases respectively), which may indicate that comparable numbers occurred in 2008 and 2010. The Group (2010a:12) also explicitly reported, that armed groups continued to target women at the time of the gaps. 2013 is another irregular year. Both 2012 and 2014 display high values, 2012 being the peak of the entire period
14 Approximately 4-10% are male (Autesserre, 2012:216).
15 For detailed information, see Annex 1.
with 9363 recorded cases and 2014 decreasing to 5269 cases. Consequently, it is improbable, that the figures of 2013 plummeted to the extent accounted for in the available data. Thus, 2013 is likely another year with gaps. Values decrease further in 2015 and 2016 with few institutions reporting on the matter. The Group barely mentions conflict-related SGBV in its 2015-16 reports. The report of the S-G on Sexual Violence (2016:14-5) partly complements these gaps.
It notes a decline in incidents, however, stating it could be due to underreported data. On the contrary, NGOs monitoring DRC, such as Amnesty International (2016) state that “[…] sexual violence against women and girls remains rampant, both in conflict and non-conflict zones, urban and rural areas” during these years.
Diagram 1a. Sources: Group of Experts (2008-2016), UNHCR (2013), SRSG - SVC (2015), DRC Ministry of Gender, Family and Children (2013).
While analyzing the quantitative data collected by the Group and others over time, it becomes evident that armed groups are not alone responsible for the rape and abuse of civilian women in the conflict. Comparing the recorded incidents of SGBV perpetrated by the Congolese Army, Forces Armées de la République Démocratique du Congo (FARDC) to the cases ascribed to armed groups provides a surprising overview of the shared responsibility of SGBV. It shows that FARDC combatants are responsible for a high number of conflict-related cases of SGBV, some years for almost as many as the armed groups. I will not elaborate closer on the statistical details of FARDC’s abuse, since the scope of the thesis is limited, and the irregular pattern probably can be explained by similar reasons as for armed groups. However, it illustrates the important finding, that the ‘bad’ armed groups are not the only major perpetrators of SGBV in
309
1 829
473
3 185
9 363
1 294
5 269
2 878
77 0
1 000 2 000 3 000 4 000 5 000 6 000 7 000 8 000 9 000 10 000
2008 2009 2010 2011 2012 2013 2014 2015 2016
Annual rates of rape and sexual violence perpetrated by armed groups in eastern DRC
the conflict. The following diagram (1b) demonstrates a comparison between recorded incidents of SGBV by armed groups (blue bars) and FARDC (orange bars) for the given period.
It clearly displays that FARDC is also responsible for acts of SGBV in connection to the conflict (GoE, 2009b:79; DRC Ministry of Gender, 2013; SRSG-SVC, 2015; SGSV, 2011-2016).
Diagram 1b. Sources: Group of Experts (2008-2016), UNHCR (2013), SRSG - SVC (2015), DRC Ministry of Gender, Family and Children (2013)
4.1.3 The narrative of conflict-related SGBV: A qualitative evaluation
This subchapter will account for qualitative material mainly retrieved from field observations by the Group during the given time scope (2008-2016). To complement and support its findings, I will draw on Congo scholars, who have conducted studies in eastern DRC. The advocacy behind the Dodd-Frank Act has created the widespread narrative, that mineral revenues sustain and fuel the conflict in eastern DRC, thus also the sexual violence against women. A wide range of actors supported and reproduced this narrative, including other advocacy organizations and NGOs, the media, legislators and journalists, who all expressed their concern over the increasingly deteriorating situation in the region. Furthermore, high-profile female politicians such as Margot Wallström16 and Hillary Clinton17 addressed the SGBV in the conflict, hence directing multilateral efforts to the issue. Several reports by NGOs (e.g. Enough Project, Hear Congo, War Child, Amnesty International and Global Witness) also connected the widespread
16 As the United Nations Special Representative for Sexual Violence Against Women in Conflict (2010), Wallström referred to eastern Congo as the “rape capital of the world” (Bashwira et al., 2013:1; Autesserre, 2012:214).
17 Clinton visited Goma (capital of North Kivu) in 2009 to draw attention to the sexual violence in the conflict.
309
1 829
473
3 185
9 363
1 294
5 269
2 878
33
1 748 1 903 1 488
744 135 654
0 1 000 2 000 3 000 4 000 5 000 6 000 7 000 8 000 9 000 10 000
2008 2009 2010 2011 2012 2013 2014 2015
Annual rates of rape and sexual violence perpetrated by armed groups, FARDC and the police in eastern DRC
Armed Groups Armed state actors
sexual violence to the use of conflict minerals in technology, holding consumers of gadgets accountable for fueling the conflict in eastern DRC (Seay, 2012:9). In the first examined period, the narrative of eastern DRC’s ‘forgotten women’ caught much attention in the public sphere thanks to intense advocacy efforts by Western NGOs (Autesserre, 2012:210; Kelly et al., 2014:95).
The image of urgent catastrophe painted by media and advocacy is not reflected in the reports of the Group during the first part of the examined period. The first time the Group discusses sexual violence under a specific category is in its final report of 2009. While expressing deep concern over the increased rates of SGBV in the conflict, it emphasizes a holistic and comprehensive approach to address the violations (GoE, 2009b:80). Thus, directly opposing the development of the selective focus on sexual violence in the Western discourse (Autesserre, 2012). There are some examples of qualitative support, that the external efforts to create a safer environment for women in eastern DRC have led to unintended consequences, because of the simplified approach (Autesserre, 2012:203).
First, the Group observed one such consequence while interviewing captured fighters from the armed group Mai Mai Sheka. The combatants stated, that orders to conduct rapes towards the civilian population were given directly from their leader, Sheka, who had been advised that widespread use of rape would attract more attention than other forms of violence (GoE, 2010b:16). This observation indicates that "[...] the disproportionate attention to sexual violence has raised the status of sexual abuse to an effective bargaining tool for combatants” (Autesserre, 2012:205). Consequently, armed groups started using sexual violence not only to intimidate enemies but also as a 'bargaining chip' (Autesserre, 2012:217). Thus, the immense attention SGBV receives in the international community is leveraged by groups to demand negotiations with the DRCG. Other armed groups have adopted the same logic, resulting in an increase in the use of SGBV for political reasons (ibid).
The second example may be directly connected to the Dodd-Frank Act. It involves the de facto embargo on DRC-extracted minerals (since 2011), which has caused mineral exports to fall by 90% (GoE, 2011b:5; Autesserre, 2012:213; Matthysen & Montejano, 2013:3). The extreme drop of exports noted in academia is supported by the data of World Mineral Production (2001- 14). This de facto embargo may have had negative implications on security. The Group describes how armed groups and FARDC soldiers rushed to take over extraction sites, to make
quick profits before the implementation of transparency schemes. Reportedly, FARDC soldiers were rather interested in exploiting mining locations rather than pursuing armed groups, which undermined the army’s mandate to protect civilians (GoE, 2010b:74-5).
“During its field investigations throughout the Kivus, the Group learned that newly deployed FARDC units have not been interested in pursuing armed groups or civilian protection. According to local leaders in one remote area, the first thing newly arrived officers often ask them is “Where are the mines?”
- GoE, 2010b:75
FARDC-members focus’ on extraction-site takeovers could be connected to the steep increase of recorded cases of SGBV in 2011 and 2012. The distraction of FARDC allowed armed groups to control larger areas on the expense of the civilian population (GoE, 2010b:54), which certainly had an adverse impact on security and further on rates of SGBV. Furthermore, with FARDC battalions spending more time around mines, it is possible that they too increasingly committed acts of SGBV.
4.1.4 Discussion: The discrepancy between the narrative’s expected outcome and the data A key assumption by the Dodd-Frank Act is that decreased trade with conflict minerals will halt armed groups using SGBV as a war strategy. The prevailing narrative includes the same argument. An example is John Prendergast from the Washington-based NGO the “ENOUGH Project”. He argues, that SGBV is a main tactic of many rebel groups and that conflict minerals fuel armed groups (Prendergast, 2009; Enough Project, 2016). Therefore, hindering trade with conflict minerals will undermine the power of armed groups, thus diminish them (ibid).
However, this assumption is contested in academic research. For instance, political scientist Laura Seay (2012) argues, that minerals indeed are a part of the conflict, but neither the cause nor the main sustaining factor of the violence against women. Instead, she argues, that the trade of conflict minerals rather is a symptom of weak governance and the general conflict situation.
Buvinic et al. (2012:13) account for a similar argument, adding the lack of accountability of perpetrators.
My quantitative and qualitative analysis supports the latter arguments and shows, that the Dodd- Frank Act has insofar failed to halt armed groups committing SGBV. Despite decreased trade of conflict minerals, the data presents no clearly related decrease of SGBV, thus not supporting a strong correlation. This could be explained by the persistence of the armed groups. Naturally, armed groups benefiting from minerals must have experienced considerable setbacks in their
financial flows. Still, the SGBV perpetrated in the conflict continued. To sustain the armed groups’ operations, they have shifted to other means of income such as gold mining, where due diligence is weak18 (GoE, 2012b:4-5), charcoal, tropical hardwood and ivory (GoE, 2016a:25- 6). The Group’s mapping illustrates, that few armed groups rely entirely on minerals revenues.
In fact, they finance their activities by a broad variety of means such as taxations, road-blocks, border controls, airports taxes and looting (GoE, 2009-2014). The resourcefulness of their operations shows how they quickly adapt to new situations by complementing lost mineral revenues with other sources of income. As noted in the previous subchapter, SGBV incidents peak in 2012, two years after the initial enactment (GoE, 2012a-b; DRC Ministry of Gender, Family, and Children, 2013; MONUSCO, 2012-3). It contradicts the prediction by the narrative, which seeks to demonstrate a correlation between SGBV and conflict minerals. Thus, connecting the perpetration of sexual violence by armed groups to the influx of conflict mineral revenues seems inefficient and the argument to restrain the mineral trade to decrease conflict- related SGBV appears weak.
In fact, the compiled data even displays that conflict-related SGBV rose dramatically in the second period. Naturally, it is very hard to draw any certain conclusions whether the development in eastern DRC can be attributed to the implementation of the Dodd-Frank Act, however, the rise in conflict-related SGBV could be connected to the deteriorated security situation in the second period. For instance, the armed group M23 advanced considerably in North and South Kivu in 2012 (GoE, 2012a-b; MONUSCO, 2014b:5), which could explain the steep increases in conflict-related SGBV during the second period (Ministry of Gender, 2013:23). Rises in conflict-related SGBV in the first period also seem to correlate with increased fighting. The Group reported of intensified clashes between PARECO, FDLR, and FARDC in 2008 and 2009 (GoE 2008a, 2009b), which they connect to increases in conflict- related SGBV in 2009 (GoE, 2008a:18). A correlation between conflict intensity and increased values of conflict-related SGBV provides an explanation with stronger empirical support than the supposed correlation between conflict-related SGBV and conflict minerals.
The lens of postcolonial feminist theory can further provide illuminating points regarding the development of the current situation. The first point I want to bring up concerns the grave generalization of ‘third world women’ by Western actors. It is fundamental to recognize the
18 Gold mining skyrocketed after the de facto embargo in 2011. Overview in Appendix 2.
differences in culture, ethnicity, and class when considering a group, especially when it is as broad as ‘women’ in a particular area (Mohanty, 1988:66). Given the rhetoric’s used in the discourse on conflict-related SGBV in eastern DRC, many Western voices advocating for women’s rights in the area fail to do so. Instead, the women are often defined as a homogenous group with common needs or problems, which leads into the second issue of Western actors commonly “[…] claiming knowledge of another subjectivity” (Mohanty, 1988:61). The case of eastern DRC represents exactly that, the ‘common problem’ being women’s exposure to conflict-related SGBV and the ‘common need’ being these women’s need of saving from their perpetrators. To ascribe collective needs to a group is problematic, because the externality gets to decide the appropriate action to solve what is perceived as the largest problem in the context.
The presented qualitative and quantitative data does not support a strong correlation between conflict minerals and SGBV. The de facto embargo cuts mineral revenues for armed groups and they still prevailed, committing even more conflict-related SGBV than before. This result illustrates an example of a counter-productive measure based on wrongful assumptions. SGBV rather correlates to the deteriorated security situation than to armed groups’ dependency on mineral revenues. Furthermore, the Dodd-Frank Act has had unintended consequences, such as armed groups employing SGBV-tactics to draw attention and gain leverage in politics.
Furthermore, the narrative’s argument also fails to recognize FARDC as a main perpetrator of SGBV. All these given reasons indicate that the Dodd-Frank Act has contributed to a change in the rates of conflict-related SGBV.
4.2 Non-conflict-related SGBV in eastern DRC
This subchapter focuses on acts of SGBV not directly connected to the conflict. Thus, the perpetrators constitute of civilians, unarmed actors and unidentified perpetrators, not having a motive or agenda related directly to the armed conflict. The subchapter starts by describing the environment in DRC regarding gender inequality and customary structures relating to the view on women. After, I introduce a quantitative compilation of data on non-conflict-related SGBV as well as selected qualitative examples. Last, I will discuss how misconceptions of the conflict mineral narrative have led to the exclusion of a large part of SGBV-cases.
4.2.1 Background: Gender inequality and accountability
Deep gender inequality characterizes eastern DRC (Latek, 2014; Freedom House, 2002-2016).
Women face complex challenges in this regard, due to the lack of a functioning institutional
framework of accountability as well as a social climate permeated by unequal structures. This creates a harsh environment for women and the view of women as second-class citizens amplifies it further (Human Rights Watch, 2002:20). The deeply rooted gender inequality in profoundly discriminatory social values and norms is demonstrated by women's unequal access to healthcare, education, ownership, and inheritance rights (Latek, 2014). Men’s use of SGBV has become normalized in this context. The high numbers of occurring non-conflict-related SGBV-cases support this hypothesis (ibid).
4.2.2 Non-conflict-related SGBV in eastern DRC: A quantitative evaluation
The objective of the Dodd-Frank Act primarily concerns conflict-related sexual violence.
However, the quantitative data I present in this subchapter suggests, that a significant number of SGBV is perpetrated by actors not directly connected to the conflict. Media and NGO’s refer to large numbers of SGBV-incidents in campaigns and advocacy, which also laid the foundation for the Dodd-Frank Act. However, the figures often promoted in the DRC-narrative-context are not solely conflict-induced.
Diagram 2. Sources: Group of Experts (2008-2016), UNHCR (2013), SRSG (2015), DRC Ministry of Gender, Family and Children (2013), Freedom House (2008), Sexual Violence in Conflict by the SG (2012-2016)
The compiled quantitative data indicates higher values than the corresponding numbers of conflict-related SGBV in the given period. Diagram 2 reveals large amounts of SGBV unrelated to warring actors already in 2008 (9639 cases). There is a decrease of cases in 2009 to 4035 incidents, and 2010 exhibits a gap in the data. However, the UNFPA recorded approximately
5 433
5 569
1 960 9 639
4 035 4 939
108
15 956
9 523
1 434 0
2 000 4 000 6 000 8 000 10 000 12 000 14 000 16 000 18 000
2008 2009 2010 2011 2012 2013 2014 2015
Annual registered incidents of sexual violence by civilians or unknown perpetrators in eastern DRC
Civilians Unknown
9000 events in 2010 (GAO, 2011), but since it was unable to categorize the perpetrators, the data is excluded. The second period constitutes steep increases until 2013, which are the highest values of the chart. As with conflict-related SGBV, the data reveals the greatest number of recorded cases in the second period, after the implementation of the Dodd-Frank Act. The numbers decrease down to 9523 in 2014, followed by a further drop to 3394 cases in 2015. So far, there are no events accounted for in 2016.
4.2.3 Discussion: Action and narrow perceptions
The Act set out to decrease levels of SGBV by introducing transparency regulations with the purpose to prevent armed groups from benefiting from the mineral trade. However, the misconception, that militant groups perpetrate the majority of SGBV undermines the reality, that civilian and unknown actors commit a substantial part of the incidents in eastern DRC. The compilation of data in Diagram 2 illustrates, that generalizing all sexual violence to conflict- related sexual violence is highly inaccurate. Many years in Diagram 2 amount to higher numbers than conflict-related SGBV in the same years, suggesting that non-conflict-related SGBV exceeds SGBV-cases related to the conflict in some years. A report by the DRC Ministry of Gender and family (2013:2) shows similar proportions, stating that most incidents recorded were committed by individuals dressed in civilian clothing, 85% in 2011 and 71% in 2012.
Thus, by targeting only armed groups, the Dodd-Frank Act fails to address a significant aspect of the problem causing high levels of SGBV.
The case of eastern DRC and the Dodd-Frank Act is an example of Western legislators emanating from a narrow perception instead of the complex and nuanced reality. The lack of contextualization is problematic, because it creates actions not adapted to the real situation (Mohanty, 1988). It is not the first time Western actors take legal measures with good intentions, to later end up less successful than expected. An example is a project aimed to facilitate water availability in South Africa, by installing new water pumps in villages, which were carousels, supposed to be driven by children “playing”. The project was viewed as a great success, but in the end, it turned out to be a lot less efficient than the old pumps. Children did not want to play with the carousels and women ended up turning the carousels instead of simply pumping water. The interesting part is that the local context was not taken into consideration with the result, that the project did more harm than good (Macaskill, 2015). It is a simple example compared to the case in eastern DRC, but it illustrates the approach of many Western actors operating in developing countries. The case is different, but the underlying assumption
is the same, that the external agent assumes the needs of a group, without properly understanding the nuances in the targeted context.
This subchapter has examined how non-conflict related SGBV may have been affected over the studied period. The evaluation of the quantitative data shows that figures are high throughout Diagram 2, displaying the largest numbers in the second term. The section’s findings suggest that SGBV unrelated to the conflict is an issue as significant, if not even worse, than conflict-related SGBV. Instead of directing all resources towards conflict-related SGBV, it would likely be more productive to direct aid and efforts towards both areas. Whether the increase in the second period can be attributed to the Dodd-Frank Act is unclear, but it does illustrate a quantitative raise in numbers. Although slightly less supporting material than the previous factor of conflict-related SGBV, this factor is evaluated as changed.
4.3 Socioeconomic dimensions: Women in the artisanal mining sector
This subchapter starts by giving contextual background to artisanal mining in eastern DRC as well as elaborating on women’s circumstances in the industry. After it will present the empirical material evaluated, which in this subchapter is qualitative. It accounts for documented socioeconomic change over the given period, regarding different aspects of employment. The last part includes a discussion about how the misconceptions of women’s agency and place in ASM have shaped development policies on the matter.
4.3.1 Contextual background: The artisanal mining sector and its narrative
Artisanal and small-scale mining (ASM) is the conventional extraction method employed in eastern DRC (UNECA, 2013:7). It refers to informal mining activities, where the laborers work with very simple tools or minimal machinery, often digging by hand in the open surface shafts (World Bank, 2013; CIFOR, 2012). The informal structure breeds labor exploitation, and workers are seldom able to negotiate or demand improvements (Kelly et al., 2014:97).
Congolese law prohibits artisanal mining in areas where big companies hold mining concessions, thus making most of the ASM industry illegal (Bulakali, 2014).
Employment in the informal sector is very common in war-ravaged economies (Hayes & Perks, 2012:533). In Eastern DRC, the low-skilled artisanal mining work supports the livelihoods of between 0.5 to 2 million people (Bashwira et al., 2013:2). A lack of documentation in the informal ASM sector makes it difficult to estimate exact numbers of laborers. However, several
studies have accounted for similar numbers (Hayes & Perks, 2012:530; CIFOR, 2012:12; Perks, 2011:177).
Approaching the artisanal mining sector after the end of the second Congo war, women now make up approximately half of the labor force. Women can fill various positions in mining towns. They may be directly involved in mining, in prostitution, or in subsidiary businesses such as restaurants and bars (Hayes & Perks, 2012:533-4; Kelly et al., 2014:101). In mining, women usually work in the lower ends of the production chain. Typical tasks include sorting, washing, or transporting metal ore19 (Hayes & Perks, 2012:534). In some places, women are not allowed to enter the mines, because of spiritual believes that a woman’s presence brings misfortune to the pit (Hayes & Perks, 2012:535; Wolfe, 2015). It exemplifies the manipulated discriminating structure against women in artisanal communities (Hayes & Perks, 2012:535).
The working climate for women in artisanal mining in eastern DRC is permeated by deep gender inequality, representing survivalism, impunity and tough working conditions (Hayes &
Perks, 2012:531) as well as high levels of abuse and SGBV (Kelly et al., 2014; Bashwira, 2013:1). Current research shows, that women living close to artisanal mining areas are more likely to experience sexual violence from both partners and non-partners (Rustad et al., 2016).
Beyond the violence by armed and civil actors, forced prostitution and transactional sex are normalized features echoing in ASM communities (Hayes & Perks, 2012:530). For instance, women must often engage in transactional sex to obtain employment (Kelly, et al., 2014:101).
4.3.2 Dimensions of socioeconomic impact by the Dodd-Frank Act: A qualitative approach This subchapter will present three dimensions of socioeconomic change occurring in the second examined period, that are in different ways connected to the Dodd-Frank Act. It is difficult to explicitly identify the Dodd-Frank Act as a leading cause of the socioeconomic deterioration regarding these dimensions, but some research suggests that it certainly has contributed to the negative development.
The first dimension constitutes the Dodd-Frank Act’s possible impact on domestic mining policy in 2010. The DRC’s President Kabila issued a total mining ban regarding artisanal mining, which is widely thought to be a response to the international pressure posed by the
19 Mineral aggregates (rocks) containing metal(s) (European Commission, 2017).
