Companies With Blood on Their Hands

Mining for clarity and change on conflict minerals at the companies we own.

Apr 30, 2014 at 10:15AM

The 2010 post-financial crisis Dodd-Frank Act continues to stoke controversy. Take the imminent conflict minerals disclosure on schedule to hit public companies in about a month. While business interests are still battling it, investors can take note of two looming factors:

  • A Securities and Exchange Commission spokesperson told The Wall Street Journal that regardless of continued infighting, most of the ruling will be enacted in early June; and
  • Most public companies haven't drafted disclosure filings to comply with the rule, which are due on May 31.

Last month, business groups defended non-disclosure as a freedom of speech issue in court and won at least a partial victory. A federal appeals court agreed that one portion was unconstitutional and removed it on First Amendment grounds.

Two SEC commissioners have particularly opposed the rule, and this legal development isn't enough; they are still trying to get the whole thing overturned.

Still, even the court didn't gloss over the bloody conflict in question.WSJ coverage also revealed that the court condemned "forcing a company to 'confess blood on its hands.'"

The human toll
Since 1996, 5.4 million people have died in the Democratic Republic of Congo (DRC) as the result of war. (Congo, formerly Zaire, has been brutally torn by war for many more decades even before that.) Congo is a place of violence and tragedy, but it's also a source of useful minerals like gold, tungsten, tin, and tantalum.

Rebel militia groups control the supply and use terror and violence to force victims to mine for the minerals for their own profits -- and funding their war pursuits. It's basically slave labor, the human toll is terrible, and environmental degradation is also part of the destructive package.

Still, there's a reason why the armed rebels have been able to profit from corporations' product requirements. These materials make our gadget-dominated world go round; they're used in items like smartphones, laptops, and DVD players. Let's not forget cars, airplanes, and even old-fashioned coffee tins. Therefore, they're certainly part of the American lifestyle, with that shadow side of product manufacture.

Beyond the attention-grabbing "blood on the hands" of corporations line, the court case argued against basically making companies criticize themselves. The part of the rule the court threw out had mandated labeling for products that aren't proven free of the minerals.

Risky procrastination
Despite the dramatic language, there's some rationale if chilly reasoning at work. Demand for the products is there, and there's a reason why "necessary evil" is a term. It's doubtful that most individuals working for corporations that use the minerals feel good about the reality, but many of the items in question have become part of our productivity, play, and daily lives.

That doesn't make it right, and many of our corporations are among the most innovative in the world; they should be able to tackle issues like this one. The real victory would be companies that voluntarily ensure their transparency and sound policies on issues like this. Otherwise, consumers will increasingly take stands and demand them.

Sadly, most companies apparently don't get it, given upcoming deadlines. A PricewaterhouseCoopers survey revealed that nine out of 10 companies haven't done much to ready themselves for the May 31 deadline to submit drafts on their conflict mineral use to the SEC. A measly 4% of the 700 companies on the list has completed a draft of a filing.

On the other hand, a few public companies deserve credit for being ahead of this issue. Hopefully, they can provide inspiration and models for more companies to effectively tackle the problem and develop in-depth views of their supply chains, as well as who and what they're supporting with their businesses, even indirectly.

Going for good-guy status
Intel (NASDAQ:INTC) may suffer investor criticism for some strategies, but it's been ahead of the game in conflict mineral disclosure without anyone forcing it to do so.

The chip giant has a hand on the reins of its supply chain and has been diligently working in the area. Here's one very tangible, admirable step: It's manufacturing the world's first commercially available microprocessors with materials from smelters validated as DRC conflict-free.

It's no wonder that in 2012, organization RAISE Hope for Congo ranked it No. 1 on its list of companies that are aggressively responding.

Another venerated tech giant, Hewlett-Packard (NYSE:HPQ), came in at No. 2. According to the organization, HP is one of just five companies that audit suppliers regarding conflict minerals. It's implemented a number of policies and initiatives, and co-founded the Conflict-free Smelters Early Adopters Program.

One of America's most beloved -- albeit occasionally controversial -- gadget companies, Apple (NASDAQ:AAPL) doesn't top the list. However, it's among those green-lighted by the organization as having taken a proactive approach in examining and auditing its supply chains, hanging a bit further down in the rankings.

Despite business groups' opposition to the SEC rule, and regardless of whether companies are completely ready for a full accounting, the issue certainly must matter to more and more consumers. The fact that an Internet search for corporations that are conflict mineral-free brings up a slew of tech companies' web pages with information on their own policies says something about an issue that is deemed relevant.

Positive revelations
Many investors dislike the idea of enforced conflict minerals disclosure, but such new forms of disclosure shouldn't be dismissed out of hand. SEC filings reveal the nuts and bolts of publicly traded companies we hold or consider for our portfolios.

Great companies don't hide. Great managements can admit to things, and accept the challenges to mend their ways when something is found to be lacking; it's brave to admit wrongs with the conviction that they can be righted with effort, innovation, and a focus on doing the right thing.

Fortunately, some corporate managements are already trying to find ways to make their products and source their raw materials ethically and clean of conflict minerals. These can carry the torch for better practices -- and end fueling ongoing violence and casualties in places like Congo.

Check back at for more of Alyce Lomax's columns on environmental, social, and governance issues.

Bringing some business back home
The Economist compares this disruptive invention to the steam engine and the printing press. Business Insider says it's "the next trillion-dollar industry." And everyone from BMW to Nike to the U.S. Air Force is already using it every day. Watch The Motley Fool's shocking video presentation today to discover the garage gadget that's putting an end to the Made In China era... and learn the investing strategy we've used to double our money on these 3 stocks. Click here to watch now!

Alyce Lomax has no position in any stocks mentioned. The Motley Fool recommends and owns shares of Apple and Intel. Try any of our Foolish newsletter services free for 30 days. We Fools may not all hold the same opinions, but we all believe that considering a diverse range of insights makes us better investors. The Motley Fool has a disclosure policy.

1 Key Step to Get Rich

Our mission at The Motley Fool is to help the world invest better. Whether that’s helping people overcome their fear of stocks all the way to offering clear and successful guidance on complicated-sounding options trades, we can help.

Feb 1, 2016 at 4:54PM

To be perfectly clear, this is not a get-rich action that my Foolish colleagues and I came up with. But we wouldn't argue with the approach.

A 2015 Business Insider article titled, "11 websites to bookmark if you want to get rich" rated The Motley Fool as the #1 place online to get smarter about investing.

"The Motley Fool aims to build a strong investment community, which it does by providing a variety of resources: the website, books, a newspaper column, a radio [show], and [newsletters]," wrote (the clearly insightful and talented) money reporter Kathleen Elkins. "This site has something for every type of investor, from basic lessons for beginners to investing commentary on mutual funds, stock sectors, and value for the more advanced."

Our mission at The Motley Fool is to help the world invest better, so it's nice to receive that kind of recognition. It lets us know we're doing our job.

Whether that's helping the entirely uninitiated overcome their fear of stocks all the way to offering clear and successful guidance on complicated-sounding options trades, we want to provide our readers with a boost to the next step on their journey to financial independence.

Articles and beyond

As Business Insider wrote, there are a number of resources available from the Fool for investors of all levels and styles.

In addition to the dozens of free articles we publish every day on our website, I want to highlight two must-see spots in your tour of

For the beginning investor

Investing can seem like a Big Deal to those who have yet to buy their first stock. Many investment professionals try to infuse the conversation with jargon in order to deter individual investors from tackling it on their own (and to justify their often sky-high fees).

But the individual investor can beat the market. The real secret to investing is that it doesn't take tons of money, endless hours, or super-secret formulas that only experts possess.

That's why we created a best-selling guide that walks investors-to-be through everything they need to know to get started. And because we're so dedicated to our mission, we've made that available for free.

If you're just starting out (or want to help out someone who is), go to, drop in your email address, and you'll be able to instantly access the quick-read guide ... for free.

For the listener

Whether it's on the stationary exercise bike or during my daily commute, I spend a lot of time going nowhere. But I've found a way to make that time benefit me.

The Motley Fool offers five podcasts that I refer to as "binge-worthy financial information."

Motley Fool Money features a team of our analysts discussing the week's top business and investing stories, interviews, and an inside look at the stocks on our radar. It's also featured on several dozen radio stations across the country.

The hosts of Motley Fool Answers challenge the conventional wisdom on life's biggest financial issues to reveal what you really need to know to make smart money moves.

David Gardner, co-founder of The Motley Fool, is among the most respected and trusted sources on investing. And he's the host of Rule Breaker Investing, in which he shares his insights into today's most innovative and disruptive companies ... and how to profit from them.

Market Foolery is our daily look at stocks in the news, as well as the top business and investing stories.

And Industry Focus offers a deeper dive into a specific industry and the stories making headlines. Healthcare, technology, energy, consumer goods, and other industries take turns in the spotlight.

They're all informative, entertaining, and eminently listenable ... and I don't say that simply because the hosts all sit within a Nerf-gun shot of my desk. Rule Breaker Investing and Answers contain timeless advice, so you might want to go back to the beginning with those. The other three take their cues from the market, so you'll want to listen to the most recent first. All are available at

But wait, there's more

The book and the podcasts – both free ... both awesome – also come with an ongoing benefit. If you download the book, or if you enter your email address in the magical box at the podcasts page, you'll get ongoing market coverage sent straight to your inbox.

Investor Insights is valuable and enjoyable coverage of everything from macroeconomic events to investing strategies to our analyst's travels around the world to find the next big thing. Also free.

Get the book. Listen to a podcast. Sign up for Investor Insights. I'm not saying that any of those things will make you rich ... but Business Insider seems to think so.

Compare Brokers