Ⅱ Recommendation for NAPs
※ Democratic Republic of the Congo has been in conflicts over mineral
resources, during which the armed forces have been committing murders
and rapes to gain control of mines. In July 2010, the US government
enacted the Dodd Frank Wall Street Reform and Consumer Protection Act,
which contained Sec. 1502 prescribing the regulation on minerals
originating in conflict-affected areas. The U.S. Securities and Exchange
Commission (SEC) publicly announced the enforcement ordinance in
August 2012, making all listed US firms to obligatorily report whether they
use minerals from conflict-affected areas to the SEC and disclose relevant
information.
2) It is important that the government closely check the situation on the ground in
conflict-affected areas in order to prevent any negative impact on or violations
of human rights by business enterprises. As it is likely for the government of
the country with conflict areas to have lost effective control, the Korean
government needs to support business enterprises by providing them swift and
accurate information so that they would not be involved with human rights abuses.
B. Domestic / overseas standards and cases
1) UNGPs
7. Because the risk of gross human rights abuses is heightened in conflict-affected
areas, States should help ensure that business enterprises operating in those contexts
are not involved with such abuses, including by:
① Engaging at the earliest stage possible with business enterprises to help them
identify, prevent and mitigate the human rights-related risks of their activities
and business relationships;
② Providing adequate assistance to business enterprises to assess and address the
heightened risks of abuses, paying special attention to both gender-based and
sexual violence;
③ Denying access to public support and services for a business enterprise that is
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