After Robert Mugabe’s Zanu-PF stormtroopers ignored a previous Kimberley Process deadline to withdraw from the Marange diamond fields, Human Rights Watch Africa sent in a group to see what was going on in the controversial region.   What they uncovered is a continuation of violence by the government against its own people.  Still common practices are forced labor, child labor, smuggling, beatings, and all-around corruption.  At last week’s meeting of the Kimberley Process, the body that is supposed to oversee the diamond industry, not only were sanctions not levied against Zimbabwe, but the government was given until June of 2010 to rectify the human rights violations. 

Blood diamonds have been freely flowing out of Zimbabwe for years, and no one embraces this more than the President himself.  Robert Mugabe enjoys the wealth and power that the diamonds give him, while his wife enjoys extravagant shopping sprees around the world.  Canada and the United States remain proud of the work of the Kimberley Process, with Canada in particular attempting to justify its actions—or lack thereof.  They claim that, having discovered the pandemic violence in the Chaidzwa region, the KP had two options: 1, to invoke sanctions against Zimbabwe or 2, to offer assistance and set a deadline for compliance.  They chose the second.

Mugabe and his Zanu-PF soldiers know that the KP has no real power.  It doesn’t have an army, and it doesn’t have any real ability to ensure that sanctions are kept.  Were the KP to levy sanctions, they would have no way to back them up.  Mugabe’s wealth, and the wealth that he allows to drip down to his top advisers, already comes from illegally-traded diamonds.  Ignoring sanctions would be no more difficult than it is to ignore the guidelines of the Kimberley Process Certification Scheme. 

Now that the June 2010 deadline has been set, so has a dangerous precedent.  What this ‘overseeing body’ is saying to countries that do not follow their rules is that there will be no repercussions.  The US State Department issued a statement that “we await full and expeditious implementation of the stringent controls that were agreed at the KP Plenary in Spakopmund, Namibia on November 5 for exports of rough diamonds”.  Spokesman Ian Kelly went on to say that Washington “expects” full compliance, or Zimbabwe might face a suspension from the Kimberley Process. 

With all of the ‘mights’ and ‘maybes’, and the lines drawn in the sand, only to be extended each time Zimbabwe fails to stop the violence of the Chiadzwa fields, there is no way that they have any credibility in the international community anymore.  Among the countries that supported the ‘technical assistance’ and new deadline were Namibia, the Democratic Republic of Congo, Tanzania, South Africa, and Russia.  Neighboring countries also financially benefit from the smuggled diamonds, as they are the routes through which uncertified stones are brought into the open market.  Russia has been working on investing in the Zimbabwe Mining Development Corporation, which continues to work despite a High Court Order. 

Africa Consolidated Resources has confirmed claims registered in its name on the Marange territory, which caused the High Court to intervene, but they, too, have done nothing to stop the ZMDC from collecting thousands of carats of diamonds each week.  ACR is working in partnership with the government of Zimbabwe, but the government is not happy about it.  ACR CEO Andrew Cranswick stated that, “As soon as the joint venture achieves physical possession of the claims, its immediate priority will be the establishment of full security as soon as is practicable”.  With the government as their partner in this venture, it is unlikely that they will find anything legal ‘practicable’ in the near future. 

Even more frightening than the impotence of the Kimberley Process is the establishment of Africa’s own commodity exchange, due to become fully operational in 2010.  As of next year, Bourse Africa will offer multi-asset trading in currencies, commodities, bonds, and diamonds.  With their own Diamond Bourse, the flow of blood diamonds will increase exponentially.  Unless Botswana, home to the new exchange, is prepared to carefully monitor the origin of each diamond, and, more importantly, to take on the governments which still routinely use violence, then this problem can only get worse.

Either the Kimberley Process needs to find real ways to end the trade of conflict diamonds, or we need a new body—one with some teeth—to confront the problem.  Non-compliant, violent governments need to know that there are repercussions to their actions.  Right now, there aren’t any, and a slap on the wrist will not stop Robert Mugabe.
 

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