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Marange Diamonds: a Test for Kimberley

18 may 2009

A team from the Kimberley Process (KP) recently visited Zimbabwe on a fact-finding mission seeking, among other issues, to establish whether mass murders had occurred in Marange during a clean-up late last year by security forces on illegal diamond mining.

Though, this was not the first time some Kimberley Process representatives had been in Zimbabwe to enquire on this diamond saga, the latest visit came after concerted efforts by some Non Governmental Organizations (NGOs), such as the Partnership Africa Canada (PAC), for the suspension of the southern African country from the Kimberley Process, a body set up to stem the flow of conflict diamonds – rough diamonds used by rebel movements to finance wars against legitimate governments.

It seems the call to suspend Zimbabwe was not as a result of the rampant illegal diamond mining and smuggling of the gems by panners into countries such as South Africa and later sold as legitimate stones.

“The government of Zimbabwe, no stranger to violence, has killed dozens of artisanal alluvial miners in order to clear them from the country’s diamond fields. Urgent requests for action from NGO and industry observers in the Kimberley Process, supported by several governments and the European Union, have fallen on deaf ears,” PAC said.

“In November (2008), the armed forces of Zimbabwe used force to clear diamond miners away from the Chiadzwa diamond fields (in Marange). Media reports said that more than 50 people were shot and killed, many of them from helicopters. The matter has been condemned by Zimbabwe Lawyers for Human Rights and many others.”

So, if PAC’s call for suspension in trading of the Zimbabwe diamonds had nothing to do with the smuggling of diamonds by panners, which it referred to as “artisanal alluvial miners”, but with the manner in which they were driven out, it would suggest that the NGO wanted the so-called “artisanal alluvial miners” to continue mining diamonds in Marange illegally.

In as much as it tacitly accepted that the Kimberley Process appeared to ignore its claims, PAC’s gospel was seriously misplaced, misleading, hypothetical and dangerous to its targeted converts (in this case the Kimberley Process).

Even though it was improper for the security agencies in Zimbabwe to kill 50 people, as alleged, there was no way the Kimberley Process would impose a trade embargo on the southern African country’s diamonds, basing on such mischievous arguments by PAC.

The story of the Marange diamonds has of late been recklessly reported and handled.

Despite, the euphoria about the fact finding mission made by the Kimberley Process to Zimbabwe, the feedback which was given by the team was so conspicuous by its absence in the

Media and I don’t recall reading any, apart from the piece Rough&Polished carried out two weeks after the KP visit.

 “The situation in Zimbabwe’s diamond sector was closely monitored in 2007, after a diamond rush threatened Zimbabwe’s KPCS system. A review visit led by the Russian Federation then came up with recommendations to strengthen Zimbabwe’s Certification Scheme (and) in 2008 Zimbabwe submitted reports to intersessional and plenary meetings to update the KP on progress there,” said the current Kimberley Process chairperson Bernhard Esau, who is also Namibia’s Mines and Energy deputy minister.

Certainly one should be interested in finding out if Zimbabwe had fully embraced the recommendations made by the Russian Federation, rather than calling for the suspension of the country from Kimberley Process.

This should have been a point of reference in dealing with these Marange diamonds, but it seems as if some lobby groups were so engrossed in embargos, which ironically does not stop illegally mined diamonds from being smuggled out of Zimbabwe and end up being traded as legitimate stones.

Interesting enough, the Kimberley Process chair said although they were concerned with reports of violence and indications of smuggling in the Marange mining area, suggestions to suspend Zimbabwe from the Kimberley Process was not a solution to the smuggling of the diamonds.

“Part of finding a solution to this problem is to look at the situation in a broader perspective. The diamonds smuggled from Zimbabwe find their way out of (the country), and chances are they (sic) enter the legitimate trade, that of KP participants,” said Esau.

“Could suspending Zimbabwe from KP bring their situation (sic) to halt? Will the suspension bring an end to the illegal activities currently going on in Zimbabwe or worsen them? If Zimbabwe is suspended as per the NGOs, it will only help exacerbate the problems and these (illegally mined) diamonds would keep penetrating the legitimate trade.”

He went on to state that despite all calls by lobby groups to suspend Venezuela from the Kimberley Process, the position taken to engage the South American country helped, as measures were put in place to try and support the country in developing appropriate internal controls over its alluvial diamond mining, consistent with the minimum standards of KP.

However, as a result of this gesture, Venezuela asked for the suspension of trade on its diamonds for two years while it put its house in order, although PAC alleged that the South American country’s diamonds were still being channeled through Panama.

“Venezuela’s ‘withdrawal’ is a polite diplomatic fiction designed to cover up the criminality of on-going diamond smuggling from Venezuela into the legitimate stream, and to veil the Kimberley Process’s inability to get tough on non compliance,” PAC opined.

Having learned the position of the Kimberley Process, we thought, the world would start witnessing the engagement of Zimbabwe on the best way forward to rectify its control systems, so as to stem any illegally mined diamonds from being smuggled out of the country, but alas, the confusion came.

The World Federation of Diamond Bourses (WFDB) president Avi Paz urged 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”.

He, however, said the warning did not include diamonds mined at the Murowa deposit, also, in Zimbabwe, as production from this source was in compliance with the Kimberley Process.

“The WFDB and its membership worldwide are committed to do all it can to prevent conflict diamonds from Zimbabwe or from any other source for that matter to be traded by our members,” said Paz.

“As founding members of the World Diamond Council and as signatories to the Kimberley Process Certification Scheme, it is our duty to remind not only our own members but all those who operate in the diamond industry and trade of 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”.

"Any bourse member who trades in rough diamonds without KP certification is liable for expulsion from his bourse, which in all practical terms means the exclusion from the entire diamond business community."   

It is no doubt mischievous for WFDB, PAC and its allies to call gems from Marange “conflict or blood” diamonds, basing on the move by Zimbabwean security forces to drive out illegal panners from the fields.

At least one would have seen sense to these organisations’ arguments, if they would have classified Marange gems, conflict diamonds, basing on alleged reports of panners that shot and killed each other over stones, which ended up being traded as legitimate stones.

One wonders why WFDB did not urge its members not to trade in diamonds originating from the Marange deposits after the diamond rush?

WFDB’s timing is wrong, especially with the latest developments on the political front that has seen a new inclusive government put in place in Zimbabwe.

Despite some spanners that are being thrown in the wheel, the inclusive government is battling to reform the country’s democratic systems after years of President Robert Mugabe’s despotic rule, which often trampled upon basic human rights and gave no respect to property rights.

If Zimbabwe, believed to have a stockpile of 1.34 million carats, granted ZMDC (though poorly equipped financially and technically) license to mine Marange diamonds and is also seeking Joint Venture partners (JV), why should WFDB go ahead and “ban” gems originating from this source at a time institutions like the World Bank and IMF are saying they are prepared to re-engage Zimbabwe so as to re-build its battered economy?

It is without doubt that there is no consensus in the way the Marange diamonds is being handled, for if WFDB is a signatory of Kimberley Process then there was no way it could have given us a different chorus from the one the Kimberley Process had already given us.

We do not recall the Kimberley Process chair issuing out any statement suggesting that the Zimbabwean diamonds had been banned, as the WFDB president tacitly advised his members.

One cannot help it but ask if the Zimbabwean government was being punished for grabbing the Marange deposit from the British-based Africa Consolidated Resources that had been initially granted the license to explore the diamonds.

Is Kimberley Process also listened to by anyone for if its recent report reflected their position on the best way to address the Marange diamonds?

Does it also mean that ZMDC is now wasting time and its little resources, mining gems from this disputed deposit, as no buyers would buy their “conflict or blood” diamonds and will it even get any offers from potential JV partners given this latest development?

These are questions that need to be answered to settle this confusion.

Mathew Nyaungwa, Rough&Polished expert, from Zimbabwe