IX. Response of the International Community

The international reaction to human rights abuses in Marange diamond fields has so far been relatively muted. In a somewhat encouraging response, in April 2009 the World Federation of Diamond Bourses (WFDB) announced a ban on trade in Zimbabwe diamonds from Marange on the grounds of smuggling and human rights violations there.[173] WFDB President Avi Paz called on the members of the 28 affiliated bourses "to take all measures necessary to ensure that they do not trade, directly or indirectly, in diamonds originating from the Marange deposit in Zimbabwe."[174]Paz further stated that "[t]he WFDB and its membership worldwide are committed to do all [they] can to prevent conflict diamonds from Zimbabwe or from any other source for that matter to be traded by our members."[175]

Kimberley Process Certification Scheme

Zimbabwe is a participant in the Kimberley Process Certification Scheme (KPCS), which was established in 2003 to combat the trade in conflict diamonds.[176] The KPCS defines conflict diamonds as rough diamonds used by rebel movements or their allies to finance conflict aimed at undermining legitimate governments.[177] In the strictest sense, due to the absence of armed conflict and the involvement of a rebel army or movement in Zimbabwe, Marange diamonds would not fall within KPCS definition of conflict diamonds.

However, Human Rights Watch strongly believes that serious human rights abuses by security forces connected with diamond mining justify a more expansive interpretation of the KPCS's mandate to include human rights issues. To formalize this extension of its mandate, the KPCS's rules should be amended to unequivocally assert that human rights are a key concern for the KPCS. The preamble of the KPCS's core document recognizes "the devastating impact of conflicts fuelled by the trade in conflict diamonds on the peace, safety and security of people in affected countries and the systematic and gross human rights violations that have been perpetrated in such conflicts."[178]

The KPCS's core document can be modified by consensus of the participants following a proposal by any participant.[179] Civil society organizations participating in the KPCS have already initiated dialogue among participants with respect to conflict diamonds, calling on the KPCS to ensure its minimum standards are consistent with international human rights law. On December 12, 2008, Global Witness, a participating nongovernmental organization, issued a statement calling on the KPCS to suspend Zimbabwe and to issue "a clear and unequivocal statement about the need for all Participants to observe basic human rights in the enforcement of Kimberley Process minimum standards."[180] In March 2009 another KPCS civil society participant, Partnership Africa Canada, also urged the KPCS to suspend Zimbabwe highlighting human rights concerns and the need to integrate human rights in KPCS mandate.[181]

The KPCS risks becoming irrelevant and ineffective if it sticks to a narrow interpretation of its core mandate and limits its human rights focus. In light of the research in this report and by others, the KPCS clearly needs to revisit its mandate and expand it to specifically cover broader human rights concerns and unambiguously include them as part of the certification process. Diamonds originating from situations like Marange, where serious human rights abuses have taken place, should be shunned like "conflict diamonds" acquired by rebel groups. The term itself should be amended to reflect a broader array of abuses connected to mining.

The KPCS obliges participants to exercise effective internal control over their diamond industry to prevent trade in conflict diamonds in the global market. Each participant is required to ensure that all rough diamonds that it exports from its domestic industry are accompanied by a valid, forgery-resistant Kimberley Process certificate attesting to their origin. The KPCS has an investigative arm, the Working Group on Monitoring (KPWGM), which monitors compliance with Kimberley Process requirements in all participant countries.[182]

Human Rights Watch's research, as well as evidence from other sources, suggests that Zimbabwe is in violation of these requirements. There is clear evidence of widespread smuggling of rough diamonds out of Zimbabwe, which is indicative of the government's failure or unwillingness to stop the practice. Zimbabwe has neglected to exercise effective internal control over its diamond industry to ensure that all diamonds that leave Zimbabwe are properly documented and formally exported with relevant KP certificates. Because the MMCZ and RBZ bought diamonds from unlicensed and illegal dealers, the government has participated in the illegal diamond trade and is therefore in violation of KPCS rules that require the ability to clearly identify the legitimate source of diamonds. The absence of clear ownership of mineral rights in Marange also potentially violates provisions of the KPCS that require participants to have a clear legal regime that enables the government to adequately control the Marange diamond fields.

The KPCS has, to date, taken a number of steps to address the Marange diamonds issue. In June 2007 a KPCS review team led by the Russian Federation visited Zimbabwe and came up with recommendations to strengthen Zimbabwe's certification system. In 2008 the KPCS plenary meeting noted with great concern "the continuing challenges faced by Zimbabwe in meeting its obligations and recommended further monitoring of developments and concerted actions in that respect."[183]

That same month, a high-level delegation, led by KPCS Chairperson Esau Bernhard of Namibia, visited Zimbabwe and expressed concern to the government of Zimbabwe about reports of smuggling and abuses in Marange. He urged Zimbabwean authorities to "put an end to the violence in Marange and bring the area under control."[184] A KPCS full review mission has been scheduled for June 2009 to evaluate, among other things, the situation in the Marange diamond fields.[185]

The KPCS chairperson publicly questioned following the March 2009 visit whether suspending Zimbabwe from KPCS would bring the smuggling of Marange diamonds to a halt or end illegal activities in the district. He said that suspending Zimbabwe "will only help exacerbate the problems in Zimbabwe" without stopping Marange diamonds from penetrating the legitimate trade.[186]

 Human Rights Watch believes, on the contrary, that immediately suspending Zimbabwe from the KPCS is one key way of exerting pressure on the government of Zimbabwe to end serious human rights abuses, as well as other illegal activities currently ongoing in the Marange diamond fields. Without this kind of swift, direct action by the KPCS, human rights abuses are likely to continue, as the government of Zimbabwe will have little to no incentive to respect basic rights or promote much-needed transparency and accountability in mining operations. Since 2006 the KPCS has been engaging the Zimbabwean authorities to no avail. In that time, human rights abuses and other crimes have continued and worsened. Now is the time for stronger action.