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The Kimberley Process Fails Badly in Zimbabwe

By B. Earth | September 30, 2009

marangeSince 2008, Zimbabwe has been a major perpetrator of grave diamond-related human rights abuses, including numerous accounts of robbery, rape, and murder. We, at Brilliant Earth, are appalled by these events, as well as the failure of the KP (KP) and the diamond industry to address these atrocities.

After months of international concern over the human rights violations raging in Zimbabwe’s diamond fields, the KP finally ordered a review mission. The review team confirmed that Zimbabwe was practicing serious non-compliance with KP standards, as well as extreme human rights abuses. The delegation finally issued a recommendation that Zimbabwe be suspended from the scheme. In spite of this, Zimbabwe still has not been officially suspended from the KP.

Zimbabwe illustrates two major problems with the KP that prevent it from effectively addressing human rights abuses in the diamond industry. First, the KP lacks strong decision-making and governance and is highly politicized which prevents it from taking action against member countries. And, second, the KP has a huge gap regarding human rights abuses, which are simply not covered in its mandate.

Politics have prevented the KP from being effective at curbing conflict diamonds. Immediately after the KP review team issued a recommendation that Zimbabwe be suspended from the scheme, the recommendation was quickly condemned by the KP chair, Bernhard Esau who is friendly with the Zimbabwe ruling regime. Esau publically declared that the suspension will never occur (a statement that he later denied making) and was also quoted saying that the conclusions of the KP review mission would “not be taken seriously.” Esau has full veto power within the scheme which requires unanimity despite the many conflicts of interest between member nation states. The remaining governing body of the KP is unable to enforce the suspension of Zimbabwe to due to Esau’s single veto. The KP is effectively asserting that business and politics take priority over human rights and a clean, ethical diamond trade.

Notwithstanding its internal flaws, the KP is not sensitive to human rights at its core. The KP was created to limit the flow of “conflict diamonds”, where conflict diamonds are narrowly defined as diamonds used to fund conflicts against recognized governments. Despite the obvious and extreme human rights abuses and in the face of clamoring human rights groups and NGOs, Esau recently stated: “The KP is not a human rights organization. That is what we have the United Nations for.” While most would consider this statement to be boldly insensitive, sadly Esau is correct the KP was never intended to address human rights abuses such as those demonstrated in Zimbabwe and in its existence has never proven itself capable of responsible management. In its current state, the KP cannot be trusted to impose ethical standards on the diamond industry or guarantee conflict-free diamonds for its consumers.

Murder, forced labor and the militarization of Zimbabwe’s diamond fields has continued at an alarming rate, and unethical diamonds are still routinely and legally exported from the country into the world diamond market and sold by jewelers who claim that they are “conflict free.” Brilliant Earth was founded to offer conflict free, ethically sourced diamonds whose certification goes far beyond the Kimberley Process to demonstrate fair labor practices with no human rights abuses. As diamond mining conditions in Zimbabwe, Angola, DRC, Liberia, Sierra Leone and various other countries continue to demonstrate human rights abuses, our mission to raise awareness and promote change within the diamond industry continues. The system is sadly far from demonstrating substantive changes that would stand up to the full scrutiny of the jewelry buying public. Until such time as these changes are embraced, Brilliant Earth will continue to lead the charge to provide ethically sourced alternatives. It is up to us to live the changes we want to see in the world.

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