Lobby group Global Witness said on Monday it was taking the British government to court for failing to refer companies trading in Congo 'conflict minerals' to the UN sanctions committee.

Global Witness has gone to the High Court for a judicial review, saying the UK government is breaching its legal obligations. 

"The British government is acting unlawfully in refusing to put forward eligible UK companies and individuals trading in Congolese ‘conflict minerals' for targeted UN sanctions", Global Witness said in its application to the High Court for a judicial review.

"British companies have supported armed groups by purchasing minerals from areas under their control in the DRC. Despite this, the UK government has never put any of them forward for sanctions," the lobby group said.

The move comes amid global efforts to halt the lucrative trade in rebel-controlled minerals like tin, gold, and coltan in the central African state, where some 5 million people have died since the start of a 1998-2003 civil war.

The British embassy in Kinshasa told Reuters news agency that London expected British companies in Congo to "follow high standards of due diligence" and would "continue to take reports that they are not doing so seriously."

Global Witness said "a number of UK companies known to have been trading in minerals sourced from the eastern Democratic Republic of Congo (DRC) should have been put forward to the UN Sanctions Committee following UN Security Council (UNSC) resolutions in 2008 and 2009. By failing to adequately investigate the companies and individuals the UK government is breaching its international legal obligations."

UN Security Council Resolution 1857, passed on 22 December 2008, calls for a travel ban and asset freeze to be imposed on all individuals and entities supporting illegal armed groups in the eastern DRC through the illicit trade of natural resources. It was backed up and strengthened the following year in Resolution 1896, passed on 7 December 2009. UN Member States are encouraged to put individuals and entities forward for sanctions.

"It is a sad day when we have to sue the UK government, but we hope that this case will mark a turning point. The issues at stake have global significance for how wars are financed," said Gavin Hayman, Campaigns Director at Global Witness. "These companies have profited from a brutal conflict, and should face UN sanctions - but sanctions are useless without a fair and clear government procedure for considering whether individuals or entities should be listed."

More information on Congo's conflict minerals.

(source: Reuters, BBC, Global Witness)