that ensued shortly after the discovery of the gems.19 In February 2007 President Robert Mugabe publicly announced the government’s intention to take over the mining of diamonds in Zimbabwe when he said, “Only government will mine diamonds.”20 Illegal Mining and Smuggling in the Marange Diamond Fields The government effectively fostered the diamond rush at Marange. In an apparent attempt to get political mileage from the discovery, ZANU-PF authorities in June 2006 declared the diamond fields free and open to anyone wishing to look for diamonds. From July 2006, a diamond rush began, with thousands of people from other parts of Marange district, other parts of Zimbabwe, and other countries scrambling for the precious stones. The Minerals Marketing Corporation of Zimbabwe (MMCZ), the sole licensed buyer of diamonds until January 2009 when it was replaced by the Reserve Bank of Zimbabwe (RBZ), appears to have encouraged the view that the government tolerated illegal mining by purchasing diamonds from unlicensed local miners, in violation of the Precious Stones Trade Act. On September 25, 2006, Deputy Mines Minister Tinos Rusere addressed local miners in Chiadzwa and told them to continue mining and selling their diamonds to the government.21 Most diamond miners were Zimbabweans from outside Marange district—from impoverished high-density suburbs of Mutare, such as Chikanga and Dangamvura, or from Harare, Bulawayo, Kwekwe, and other Zimbabwean municipalities. Those who flocked to Zimbabwe to dig for or to buy diamonds also came from as far as South Africa, Botswana, the Democratic Republic of Congo, Mozambique, Equatorial Guinea, Nigeria, Lebanon, Pakistan, the United Arab Emirates, Belgium, and India.22 When the scramble peaked in October 2008, more than 35,000 people were either mining or buying diamonds in Marange.23 19 Report to Kimberley Process Certification Scheme on the developments in the diamond industry in Zimbabwe, Government of Zimbabwe, February 11, 2009. 20 President Robert Mugabe Interview with State Broadcaster, Zimbabwe Broadcasting Corporation (ZBC) TV, February 21, 2007. Meanwhile, ACR maintains that it has valid legal title over the Marange diamond fields and has launched a legal challenge at the Harare High Court against the Minister of Mines and ZMDC to restore its rights. Charles Russell LLP (ACR lawyers), “ACR Still Has Legal title to Marange diamond fields,” The Zimbabwe Standard, March 29, 2009. At the time of the writing of this report, the matter had not been resolved. Although human rights law allows for nationalization, if, at the end of the legal process, the ACR has had valid prospecting and mining rights taken away by the authorities in an arbitrary fashion, without adequate compensation, it will have suffered a violation of its right to property, as set out in article 14 of the African Charter on Human and Peoples’ Rights, ratified by Zimbabwe in 1986. 21 Human Rights Watch interviews with local councillors, B.M. and F.M., Marange, February 22, 2009. See also Rodrick Mukumbira, “AIM listed Zimbabwe diamond miner evicted from its claim,” Mineweb, December 12, 2006, http://mineweb.com/mineweb/view/mineweb/en/page15831?oid=16611&sn=Detail (accessed May 31, 2009). 22 Human Rights Watch interviews with immigration official C.M., Harare, February 25, 2009; and with three state prosecutors C.M., N.S., and C.B., Harare, February 13, 2009. 23 Human Rights Watch interviews with local councilors B.M. and F.M., Marange, February 22, 2009. See also Peter Matambanadzo, “Blitz Flushes Out 35 000,” The Herald (Zimbabwe), December 11, 2008. Diamonds in the Rough 14