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
178
Kimberley Process core document.
179
Ibid.
180
“Conflict diamonds scheme must suspend Zimbabwe,” Global Witness, December 12, 2008,
http://www.globalwitness.org/media_library_detail.php/695/en/conflict_diamond_scheme_must_suspend_zimbabwe
(accessed April 19, 2009).
181
“Diamonds and the Wrong side of History,” Partnership Africa Canada, March 2009, p. 15.
182
Ibid.
Diamonds in the Rough
54
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