CSR Institute Talk: State & Non-state Regulatory Innovations - Learning from Conflict Minerals

The ability to regulate problematic cross-border activity represents a significant challenge for state-based legal systems: it is difficult for states and others to develop and implement important social and environmental standards intended to operate cross-jurisdictionally. Governance gaps can be acute in complex global supply chains that cross multiple jurisdictions, particularly those with weak governance. Minerals pillaged by armed groups in the Eastern Democratic Republic of the Congo financed a lengthy conflict, posing special challenges for concerted international action, including an absence of state control and criminalized trade at key parts of the supply chain.

Ms. Johnson’s presentation begins with a review of the situation in the Congo and international responses to conflict minerals entering the global marketplace, as well as various standards and governance structures that arose rapidly after 2009.  She then provides lessons for current efforts to regulate corporations abroad, and address serious problems in supply chains such as slavery and child labour. Approaches which draw on a combination of state and non-state actors, instruments, processes and institutions seem to have considerable potential to address global governance challenges of this nature.

This event is co-sponsored by the Ryerson CSR Student Association, the Ryerson Commerce and Government Association, and the Ryerson Law and Business Student Association.  This event is supported by the Canadian Standards Association and the Trade Commissioner Service of Global Affairs Canada.

Mora Johnson is a lawyer and consultant with almost 20 years’ experience in international, government, private and non-profit sectors.  She worked for over 10 years at Global Affairs Canada and then Natural Resources Canada in negotiating and implementing regulatory and voluntary standards relating to transparency and business practices in the extractive sector. She advised on standards such as the UN Guiding Principles on Business and Human Rights, the Voluntary Principles, and the Extractive Industries Transparency Initiative.  She served as Head of the Canadian delegation to the OECD Working Group on Bribery, and later to the OECD Forum on Responsible Supply Chains.  In 2011, she was elected to co-chair the negotiation process of a Conflict Gold Standard at the OECD, and from 2012-2015 was elected to Chair the OECD Forum on Responsible Supply Chains.