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.186 183 Bernhard Esau, Kimberley Process chairperson, “Statement on the situation in the Marange diamond fields, Zimbabwe,” March 26, 2009, http://www.kimberleyprocess.com (accessed May 31, 2009). 184 Ibid. 185 Human Rights Watch telephone interviews with officials from Global Witness and Partnership Africa Canada, April 20, 2009. 186 Bernhard Esau, Kimberley Process chairperson, “Statement on the situation in the Marange diamond fields, Zimbabwe.” 55 Human Rights Watch | June 2009