Members can sign in here.

About the Author

Luan Galani
Science & Development Journalist (Curitiba, Brazil)

A twenty-something eternal apprentice who has a passionate interest in what happens around him. Fascinated by the under-reported, he refuses to be a detached observer and never tires of exploring the untold. His long-life dream is reporting from conflict zones to dig up the underbelly side of war.

Post

Diamonds: crime and punishment

Published 19th April 2010 - 14 comments - 13021 views -

As highlighted in my last post, the Kimberley Process (KP) is failing in its mission of keeping blood diamonds out of international markets. To demand far-reaching reforms of this international body first it is needed to better understand how it works and what the backdrop is. That will be my purposes with this post.

(Click on the picture to enlarge)

The Kimberley Process Certification Scheme was introduced by the UN General Assembly following recommendations of the Fowler Report. It outlined violations of the Lusaka Protocol and highlighted the strong link between illicit diamond trade and conflicts around the world.

Broadly speaking, the KP adds the international community’s stamp of approval to diamonds’ origins and opens the door to global market.

However, KP participants have been quite frequently confronted with the occurrence of fraudulent and counterfeit KP certificates. Trade in rough diamonds is permitted between participants only on the basis of valid certificates. Because of that, KP now urges authorities to examine carefully the certificates.

Recently, industry veteran Martin Rapaport, also one of the founders of the KP, resigned from the World Diamond Council, a diamond industry trade group, in protest over how the industry has turned a blind eye to human rights abuses in Zimbabwe's diamond fields.

But KP is interested in changing this poignant picture. Now that the Chair is with the State of Israel, KP has nominated Abbey Chikane as the KP Monitor for Zimbabwe. He is assessing the situation to address the indications of serious non-compliance with KP minimum requirements identified in July 2009.

One question remains: are the members and participants going to have courage enough to ban Zimbabwe’s stones? A consensus in that is difficult to reach and the KP document says as follows: “Participants are to reach decisions by consensus. In the event that consensus proves to be impossible, the Chair is to conduct consultations”. And to get modifications, consensus is also key:

MODIFICATIONS

17. This document may be modified by consensus of the Participants.

So, by that, it is not feasible to make some specific country accountable for not expelling Zimbabwe’s from the KP. The entire process and its members are accountable for being so soft law.

Law and supervision

There can not be any legal consequences for the violation of the recommendations within the scheme. Failure to comply with these procedures may lead to the removal of the non-complying member country. Only that.

If any concerns arise regarding a country's adherence to the scheme, they must be investigated and dealt with by the World Trade Organization.

Supervision of the process is done by the Chair, elected on an annual basis at a plenary meeting. A Working Group on Monitoring (what includes NGOs and the diamond industry) monitors each participant to ensure that it is implementing the scheme correctly. Other working groups report on difficulties in implementation and propose solutions. Also, the State Department coordinates U.S. Government interagency implementation of the Clean Diamond Trade Act of 2003, which helps enormously the Kimberley Process implementation.

One thing is certain: the KP has improved the situation in several countries where blood diamonds were once rife. But I must add one more: besides all those plus points, a reform is imperative.

 

Further information: 

http://www.youtube.com/watch?v=kZNzcZ_L27E

http://www.youtube.com/watch?v=XPDC0WV9xjs



Comments

  • Clare Herbert on 19th April 2010:

    The best way to learn about diamonds in the developing world? Watch Blood Diamond.


  • Luan Galani on 19th April 2010:

    Hi, Clare! Thanks for marking presence. I would say this film is the best way to get an overview. To learn more, more than it is needed…


  • Helena Goldon on 19th April 2010:

    Hi Luan!
    That’s called investigative journalism wink seems you are persistent in chasing the case - i Like it!


  • Luan Galani on 20th April 2010:

    Hey Helena! That is it. I’m much on it. Thanks!


  • Iris Cecilia Gonzales on 20th April 2010:

    I agree with Clare. After watching that move, I never looked at diamonds the same way again.


  • Benno Hansen on 20th April 2010:

    Good post!

    Conflict diamonds is something I have blogged about too at Ecowar. I’ll link to your article later grin


  • Luan Galani on 20th April 2010:

    @Me too, Iris. Me too.

    @Benno, thank you for your opinion! I really appreciate you linking to my article. I’ve enjoyed yours; food for thought, as always.


  • Andrea Arzaba on 20th April 2010:

    Luan! Thank you for sharing this! I wish human never gave diamonds so much…relevance! Ahhhhh and I wish all the people in the world could see how much suffering they bring! If this happened, I bet they wouldn’t be so popular…


  • Luan Galani on 25th April 2010:

    Thanks, Andrea! Really nice of you. But I personally think things are not so simple to resolve. Many people do not care about it…they couldn’t care less about it.I know a lot like these.


  • Luan Galani on 23rd August 2010:

    Hi @Yaro,

    Thank you so much for your comment. Indeed in Belgium there is not only a cutting center, it as a whole plays an important role in the entire cycle of diamonds.


Post your comment

  • Remember my personal information

    Notify me of follow-up comments?

    --- Let's see if you are human ---

    What is missing: North, South, West? Add a questionmark to your answer. (5 character(s) required)