Bloody Business: Conflict in

The School for Ethics and Global Leadership, Spring 2011

May 14, 2011 Table of Contents

Section Page Executive Summary 1 Background and History 3 Recommendations for Governments 9 Industry 15 Conflict Diamonds and NGOs 18 Conclusion 23 Bibliography 24

Authors and Contributors

Executive Summary: Olivia Hill, Chelsea Majoros, Jonathan Pine, and Doris Silverio

Background and History: Sara Brakeman, Tyler Loughran, Jonathan Pine, and Tony Vazquez

Government Responses: Andrew Knox, Chelsea Majoros, Jessi Perreira, and Jacob Warwick

Diamond Industry: 7-*LEVRQ2OLYLD+LOO4XLQQ-HQNLQVDQG0DUF\2·+DOloran

NGO Responses: Vanina Keyes, Yiwa Lau, Doris Silverio, and Erica Veazey

Introduction

This report is the work of 16 high school students who attended The School for Ethics and Global Leadership (SEGL) in Washington, DC in the spring of 2011. SEGL is a semester-long residential program whose mission is to provide intellectually motivated 11th graders who reflect the diversity of the with the best possible opportunity to shape themselves into ethical leaders who create positive change LQRXUZRUOG 0RUHLQIRUPDWLRQLVDYDLODEOHDWZZZVFKRROIRUHWKLFVRUJ (DFKVHPHVWHU·VFODVVchooses a FXUUHQWLQWHUQDWLRQDOFKDOOHQJHWKHVWXGHQWVWKHQUHVHDUFKDQGSUHSDUHD´FDSVWRQHµSROLF\GRFXPHQWWKDW SURSRVHVSUDFWLFDOVROXWLRQVWRWKDWFKDOOHQJH7KHZRUNLVHQWLUHO\WKHVWXGHQWV·RZQRSLQLRQVH[SUHVVHGLQ this report do not necessarily reflect the opinions of SEGL or its faculty. We offer this report with great hope for the future.

Date of Publication: May 28, 2011 1

Executive Summary

When the issue of conflict diamonds arises, countries like immediately come to mind. Recent publicity, such as the movie , has brought much popular support to the plight of miners in those countries. But the issue of conflict diamonds is not limited to these countries. Zimbabwe, a country in sub-Saharan Africa that produces conflict diamonds, has received comparatively no publicity.

The diamond industry is working diligently to monitor and detect exactly where their diamonds originate from in order to eliminate conflict diamonds from the trading business. However, the diamond industry needs to abstain from purchasing any diamonds from the Marange fields in Chiadzwa, Zimbabwe. The diamond industry must refrain from buying, selling, and trading the diamonds until the area is confirmed by task force teams as a conflict free zone. These teams will ensure that the Marange fields are operating in accordance to the Kimberley process by thoroughly investigating the Marange fields and promptly reporting all violations to authorities. In addition to safeguarding the trade, international diamond companies must pressure the Zimbabwean government to privatize the diamond industry. This would reduce the number of human rights abuses in the region.

It is crucial that the military operating in the Marange diamond field be removed immediately. This ZRXOGEHHQIRUFHGWKURXJKWKH:RUOG7UDGH2UJDQL]DWLRQ·V :72 WKUHDWRIHFRQRPLFVDQFWLRQV RQ=LPEDEZH·VH[SRUWRISODWLQXP,QDGGLWLRQ7KH,QGLJHQL]DWLRQDQG(FRQRPLF(PSRZHUPHQW and Non Governmental Organizations Acts must be repealed. By repealing the Indigenization and Economic Empowerment Act, foreign countries would be able to freely operate inside of Zimbabwe. Due to the economic status in Zimbabwe, its government and the International Monetary Fund (IMF) need to negotiate with one another to achieve the repayment of the HIPC loan package and the arrears owed to the IMF.

Non-governmental organizations should collaborate to sponsor an informational documentary on the current conflict in Zimbabwe in order to educate individuals around the world. In addition, the Kimberley Process should place a fee on all diamonds that are currently certified by the Kimberley

2

Process. NGOs would use the money this fee to partner with the Kimberley Process and to create a full time staff, the Central Database Team, whose job is to gather data and use it to ensure that no conflict diamonds are transferred into the diamond industry. This Central Database Team would guarantee that the mines are working in accordance to the Kimberley Process, and would collect LQIRUPDWLRQIURPORFDO1*2·VDQGIURPWKH.LPEHUOH\3URFHVV0LVVLRQ5HYLHZ7HDP7KLVWHDP ZRXOGFRQVLVWRIJRYHUQPHQWRIILFLDOVLQWHUQDWLRQDO1*2·VDQGUHSUHVHQWDWLYHVIURPWKHGLDPRQG industry. This team·VMREZRXOGSULPDULO\EHWRGLVWULEXWHLQIRUPDWLRQDQGUHSRUWVWRWKHSXEOLFDQG WRDOORZWKH.LPEHUOH\3URFHVVWRVHQGUHYLHZWHDPVWRDQ\FHUWLILHGFRXQWU\·VGLDPRQGILHOGVWR gather information for public reports. These reports would be released every quarter of a year.

As little known as these diamonds are, they still fuel conflict and human rights abuses in Zimbabwe, and must not be allowed to continue. The recommendations in this policy document have been written to do just that, so that the world may finally end the problem of conflict diamonds and begin to heal areas destroyed by decades of conflict.

3

Background and History

Introduction

On March 30, 2009, Zimbabwean police abducted Takunda Neshumba who was visiting his relative near the . After several days of torture in the custody of the Zimbabwean police, Takunda died from severe injuries.1

On June 21, 2009, soldiers detained 20-year-old Barnabas Makuyana and his friend while they were illegally mining diamonds in Marange. After being beaten for sixteen hours, Makuyana died from fatal injuries. His family could only identify him by his clothing because his body was so disfigured.2

These two stories represent the array of human rights violations occurring in Zimbabwe. In the recently discovered Marange diamond fields, the police and the military have attempted to stabilize the area by preventing illegal mining and smuggling. Under military control, however, there have been numerous human rights abuses in areas surrounding the Marange diamond fields.

Zimbabwean diamonds do not fall under the definition of conflict diamonds, so Zimbabwe can participate in diamond trade through the Kimberley Process, an international venture between industry, civil society, and governments to eliminate the trade of diamonds mined in conflict zones. With the continuation of human rights abuses like the examples above, the controversy surrounding the legality of Zimbabwean diamonds grows. Despite past suspensions, Zimbabwean diamonds are currently legal for exportation according to the Kimberley Process.

Zimbabwe

On April 18, 1980, the British government formally granted independence to Zimbabwe after the establishment of a Zimbabwean constitution.3 President Robert Mugabe has been in power as a dictator since 1987.4 He has remained in power despite controversies such as the 2008 presidential elections. During these elections, Mugabe lost in the first round of voting but made dramatic gains after the second round, resulting in a landslide win. Many national and international leaders remain skeptical about the election and whether it was legitimate.

Since independence from Britain, the Zimbabwean economy has relied heavily on agriculture and mining. Natural resources such as diamonds, gold, coal, and nickel have contributed greatly to the mining industry in Zimbabwe.5 'XHWR=LPEDEZH·VORZ*URVV'RPHVWLF3URGXFWDQGKLJK

1U.S. Department of State, 2009 Human Rights Report: Zimbabwe, 2009. 2Ibid. 3U.S. Department of State, Background Note: Zimbabwe, 2011. 4Ibid. 5Background Note: Zimbabwe, http://www.state.gov/r/pa/ei/bgn/5479.htm#history.

4 unemployment rate, many citizens have turned to illegal mining and smuggling as a source of income.

Mining has become an increasingly significant industry in Zimbabwe as a result of the discoveries of natural resources throughout the 20th century. To maintain control of mining, the government implemented mining acts which are still in effect today. The 1961 Mine and Minerals Act vested all mining rights in the President and described how corporations and individuals can acquire mining rights.6 The 1978 Precious Stones Trade Act made mineral exploration, mining, and trading illegal without proper licensing.7 Both acts have given President Mugabe complete control over mining while also encouraging the search for minerals.

The Minerals Marketing Corporation of Zimbabwe (MMCZ) is the only organization that can sell minerals, including diamonds, under the 1982 MMCZ Act.8 The MMCZ guarantees the legitimacy of diamonds and ensures the availability of certifications on shipments.

In Zimbabwe, there are three main diamond fields: Murowa, River Ranch, and Marange. In 1971, Kimberlitic Searches, a subsidiary of Jewelry, discovered diamonds at River Ranch, resulting in the creation of the River Ranch Mines in 1995.9 The MMCZ stopped exports of River Ranch diamonds in 2007 during a court case about smuggling and laundering at the mine.10 The discovery of Murowa diamond kimberlites in 1997 instigated a mine commission in 2004. Murowa Diamonds Private Limited runs the mine in accordance with the standards required for conflict-free diamonds, so Zimbabwe can export Murowa diamonds.11

In 2006, villagers discovered diamonds in the Marange area of the Chiadzwa district in Zimbabwe.12 At the time, African Consolidate Resources, a UK-based company, held exploration rights for minerals in Chiadzwa. Immediately after the discovery, the Zimbabwean government cancelled the $&5·VULJKWVWRWKHDUHDFODLPLQJWKDWWKHDJUHHPHQWKDGEHHQIDXOW\IURPWKHEHJLQQLQJ13 Amos Midzi, the Minister of Mines, gave rights for diamond mining and exploration in the Marange fields to the state-owned Zimbabwe Mining Development Corporation.14

6Human Rights Watch, Diamonds in the Rough: Human Rights Abuses in the Marange Diamond Fields of Zimbabwe, Human Rights Watch, http://www.hrw.org/node/83960. 7Ibid, 17. 8Minerals Marketing Corporation of Zimbabwe, http://www.mmcz.co.zw/index.php?option=com_content&view=article&id=68&Itemid=57. 9Zimbabwe, Diamonds, and the Wrong Side of History, Partnership Africa , http://www.pacweb.org/Documents/diamonds_KP/18_Zimbabwe-Diamonds_March09-Eng.pdf. 10Ibid. 11Ibid, 6. 12Diamonds in the Rough, http://www.hrw.org/node/83960. 13Ibid. 14Ibid.

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In the diamond rush of 2006, thousands of people looking to profit migrated to Marange. By 2008, there were over 35,000 miners and buyers in Marange.15 In response to the flood of illegal miners, the police began the Chikorokoza Chapera Operation (End to Illegal Panning) in 2006 by sending police reaction teams to control illegal, unlicensed miners.16 The police built eleven permanent checkpoints on the 100-kilometer road from , the closest city, to Marange.17 People entering and exiting the mines had to bribe the police officers with increasing bribes at each checkpoint. Although 28 officers were dismissed and charged under violation of the Police Act for misconduct in 2007, the government has not taken a strong stand against police .18

Human rights abuses have been prevalent as the results of syndicates, bribery, and smuggling. Police officers make around US $5 every three months, causing them to turn to informal income sources.19 The police and soldiers, eager to take advantage of the diamonds, have formed syndicates, groups in which miners share their profits in exchange for protection. In many cases, the police force nearby villagers to mine at gunpoint for no share of the profit.20

In the first week of April 2010, a Marange community leader heard ten reports of harassment by soldiers who either forced individuals to mine for them or assaulted people who refused to join their syndicates.21 Locals estimated that soldiers forced 300 children to mine for 11 hours per day with no reward.22 2008 mass arrests filled a prison of a capacity of 300 people with about 1,600 suspected illegal miners who were detained longer than the 48-hour legal limit.23

In October 2008, the Zimbabwean government sent Zimbabwe Defense Forces (ZDF) to Marange to end police corruption in Operation Hakudzokwi (No Return).24 From October 27 to November 16, security forces killed at least 214 miners.25 The first day, 800 ground soldiers and 5 helicopters arrived, firing on miners without any warning.26 Operation Hakudzokwi ended in November 2008.

After Operation Hakudzokwi, an unprecedented number of soldiers resigned. To keep the soldiers interested, the military designed a plan that offered soldiers allowances from the Reserve Bank of

15Human Rights Watch interviews with local councilors B.M. and F.M., Marange, February 22, 2009. 16Diamonds in the Rough, http://www.hrw.org/node/83960. 17Human Rights Watch interviews with local Member of Parliament, Sure Mudiwa, headman, F.M. and local miner, B.C., Marange, February 22, 2009. 18Zimbabwe Republic Police Internal Memo to all senior officers, Corruption involving members/officers of the force at Marange diamond base, September 18, 2007, on file with Human Rights Watch. 19Human Rights Watch interview with police officer O.D., Mutare, February 21, 2009. 20Partnership Africa Canada, Zimbabwe, Diamonds, and the Wrong Side of History, Partnership Africa Canada, http://www.pacweb.org/Documents/diamonds_KP/18_Zimbabwe-Diamonds_March09-Eng.pdf . 21Ibid. 22Diamonds in the Rough, http://www.hrw.org/node/83960. 23Human Rights Watch interview with prison guard S.Y., Mutare, February 23, 2009. 24Human Rights Watch interview with soldiers C.R., S.R., and B.G., , February 2, 2009. 25Human Rights Watch interviews with villagers V.J., D.Z., K.C., S.M., and P.C., Marange, February 20, 2009; with medical officer E.M., Mutare, February 7, 2009; and with medical personnel B.K., A.C., and M.C., Mutare, February 7, 2009. 26Diamonds in the Rough, http://www.hrw.org/node/83960.

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Zimbabwe (RBZ) and a rotation through the Marange diamond fields.27 Although the prevalence of killing, torture, and smuggling decreased from 2009 to 2010, the military still retains control over 95% of the Marange fields, contributing to the continuing human rights abuses.28

Another problem resulting from military occupation of the Marange fields is the recent link about a possible WUDGHDJUHHPHQWZLWKWKH&KLQHVH3HRSOH·V/LEHUDWLRQ$UP\29 Many suspect the Chinese and Zimbabwean governments of making a private deal in 2009 to allow the Chinese to mine for GLDPRQGVLQ0DUDQJHLQH[FKDQJHIRUZHDSRQVIRU0XJDEH·VVXSSRUWHUV$SULYDWHDLUVWULSEXLOWQHDU the Marange fields in 2009 gives Chinese planes direct access to the diamonds. This supply of weapons contributes to the continued military brutality in Marange.

Although the number of human rights abuses decreased from 2009 to 2010, the continued military presence in the Marange area maintains the existence of human rights abuses.

Conflict Diamonds

Conflict diDPRQGVFDPHWRLQWHUQDWLRQDODWWHQWLRQLQWKHHDUO\·VGXULQJWKHFLYLOZDULQ6LHUUD Leone. Rebels used captured diamond mines to fund their campaigns and commit human rights YLRODWLRQV&KDUOHV7D\ORU·VLQYROYHPHQWLQGLDPRQGWUDGHZLWKWKHUHEHOVFDused a cry for justice from the international community regarding the importing and exporting of all diamonds.

7KHWHUP´FRQIOLFWGLDPRQGµ ZDVILUVWGHILQHGE\WKH8QLWHG1DWLRQV 81 DV´GLDPRQGVWKDW originate from areas controlled by forces or factions opposed to legitimate and internationally recognized governments, and are used to fund military action in opposition to those governments, RULQFRQWUDYHQWLRQRIWKHGHFLVLRQVRIWKH6HFXULW\&RXQFLOµ30

According to the UN definition, Zimbabwean diamonds are not conflict diamonds. For the purpose RIWKLVSROLF\GRFXPHQWWKHWHUPFRQIOLFWGLDPRQGZLOOEHGHILQHGDV´VWRQHVZKLFKRULJLQDWHIURP areas under the control of forces that are in opposition to democratically elected and internationally recognized governments; or diamonds used by the state institutions or non-state forces to fund FDPSDLJQVRIKXPDQULJKWVDEXVHVDJDLQVWFLYLOLDQVµ31

Many members of the international community believe that the current UN definition is too narrow, thus allowing diamonds that fund human rights abuses to enter the diamond industry. The current

27Diamonds in the Rough, http://www.hrw.org/node/83960. 28Human Rights Watch interview with Marange community leader, M.M, Mutare, April 10, 2010. 29$OH[%HOO´=LPEDEZH&KLQD)XQGLQJ'LDPRQG3OXQGHU:LWK*XQVµ$OO$IULFDFRP$OO$IULFD*OREDO0HGLD http://allafrica.com/stories/201009220056.html, September 21, 2010. 30United Nations, Conflict Diamonds: Sanctions and War, United Nations Department of Public Information, http://www.un.org/peace/africa/Diamond.html. 31Anderson, Roy. Conflict Diamonds: Funding Conflict, Fueling Change, Committee on Ways and Means, http://www.worldvision.org/content.nsf/learn/globalissues-conflictdiamonds-testimony.

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UN definition does not include diamonds mined under repressive governments or those that involve other types of human rights abuses which are prevalent in the diamond industry.

The United Nations

The United Nations Security Council has issued numerous resolutions, protocols, and reports focusing on conflict diamonds. The Lusaka Protocol, which was established on October 31st, 1994, called for an immediate end of production of conflict diamonds in and Zimbabwe under the National Union for the Total Independence of Angola (UNITA).32 The UN did not take any measures to enforce this protocol, however; UNITA resumed mining, leading to an increase human rights abuses. This issue gained attention again in 1998 when the UN imposed an embargo on diamonds from Angola but took no further measures to stop the human rights violations. In 2000, the asserted that Angola and Zimbabwe violated the Lusaka Protocol. This was the first time the UN spoke out directly against conflict diamonds.33 As a result of the Fowler Report, the Kimberley Process formed and effectively reduced the trade of conflict diamonds to be one percent of the entire diamond industry.34

In 2008, the UN tried to adopt sanctions against the Zimbabwean government but failed.35 These sanctions would have imposed an arms embargo on the Zimbabwe government, a travel ban on all government officials, and a financial freeze on the President and 13 officials most responsible for the human rights violations. Two permanent countries on the UN Security Council, China and Russia, opposed the sanctions therefore preventing the effort to help the civilians of Zimbabwe. The UN has not implemented any resolutions about Zimbabwean diamonds.

The Kimberley Process

In 2003, the international community founded the Kimberley Process Certification Scheme (KPCS) to create measures to stop the funding of governments or rebel groups that promote conflict and violence through diamond trade. Representatives of governments, civil society organizations, and the diamond industry comprise the Kimberley Process. In the first year, 42 countries participated in the Kimberley Process. Eight years later, there are now 75 countries that adhere to the guidelines laid out by the Kimberley Process.36 The overall function of the KPCS is to ensure that diamonds are completely conflict-free; meaning that no imports, exports, or diamond mines have funded conflict. The KPCS encourages

32Conflict Diamonds: Sanctions and War, United Nations. 33Global Policy, The Fowler Report, Global Policy, http://www.globalpolicy.org/component/content/article/202/41606.html. 34Background: The Kimberley Process, Kimberley Process, http://www.kimberleyprocess.com/home/index_en.html. 35United Nations, Security Council Fails to Adopt Sanctions Against Zimbabwe Leadership as Two Permanent Members Cast Negative Votes, Department of Public Information, News and Media Division, http://www.un.org/News/Press/docs/2008/sc9396.doc.html. 36"Background." Kimberley Process. 20 April 2011, http://www.kimberleyprocess.com/background/index_en.html.

8 transparency and exchanges of statistical data and, therefore, requires participating states to adhere to the minimum requirements, such as strict motorization of all imports, exports, and internal controls. Countries that elect to take part in this process must pass legislation to follow the minimum requirements. Participants in the KPCS under law can only trade with other KPCS participants, making it necessary to be part of the KPCS as a diamond-mining country. A KPCS certificate and authorization number verifying that the diamonds are conflict-free must accompany all international shipments of rough diamonds.37

Within the KPCS, there are two main oversight committees with their own specific responsibilities: the Kimberley Process Working Group on Monitoring and the Working Group on Statistics. There are two subcommittees within the two committees that have specific tasks that involve a monitoring system and a statistical analysis which also provides technical support.

The Kimberley Process Working Group on Monitoring has been established to visit participating countries. This group visits the KPCS countries, compiling data for further research. They also assess any issues or flaws in the Certification system, in the given countries.

The Working Group on Statistics holds governments accountable to make sure that they file and put together their annual reports. The Working Group on Statistics then looks over the data that they have received from participating governments. The data reveals the diamond trade in the given country.38 They look for any in consistencies and if they have been trading with any countries that are not Kimberley Process certified.

In 2009 and 2010, The United States Department of State released two crucial reports on the mining situation in Zimbabwe. The reports brought attention to the numerous human rights violations committed in the Marange diamond field.39 These highly publicized reports encouraged international efforts to ban Zimbabwe from the Kimberley Process.40 However, the UN and Kimberley Process definitions of conflict diamonds do not include Zimbabwean diamonds. Therefore, it is harder to create an unquestionable case for the suspension of Zimbabwe from the Kimberley Process.

In response to the human rights abuses and transparency issues, the Kimberley Process suspended the exportation of Marange diamonds in November 2010.41 This ruling was overturned in March 2011, when the Chair of the Kimberly Process, Mathieu Yamba, made a unilateral decision to reauthorize the export of diamonds from the Marange fields in Zimbabwe.

37Conflict Diamonds, Kimberley Process Background. 38Ibid. 39U.S. Department of State, 2010 Human Rights Report: Zimbabwe, Bureau of Democracy Human Rights and Labor, http://www.state.gov/g/drl/rls/hrrpt/2010/af/154377.htm. 40U.S. Department of State, 2009 Human Rights Report: Zimbabwe, Bureau of Democracy, Human Rights and Labor, http://www.state.gov/g/drl/rls/hrrpt/2009/af/135984.htm. 41$OH['XYDO6PLWK´0XJDEHEHLQJKHOSHGE\GLDPRQGLQGXVWU\VD\ FDPSDLJQHUVµ The Observer, January 30, 2011, http://www.guardian.co.uk/world/2011/jan/30/diamond-zimbabwe-sanction-mugabe.

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Recommendations for Governments

Introduction

The role of government in combating the mining and sale of conflict diamonds in Zimbabwe cannot be overstated. However, because of the ZimbabweDQJRYHUQPHQW·VLQYROYHPHQWLQLOOLFLWGLDPRQG mining in the Marange field, there has been no effort to reduce human rights abuses committed by the government. The international community, through the International Monetary Fund (IMF), needs to work with Zimbabwe to develop a debt relief plan which will reinforce the legitimacy of their government. This plan will help Zimbabwe make structural adjustments to civil society, the military and the economy that would be nearly impossible without IMF funds. This plan will be explained in more detail later in this section.

Basis for Policymaking

,Q+XPDQ5LJKWV:DWFKUHSRUWHGWKDWSROLFH´UHDFWLRQWHDPVµKDYHEHHQFRQVLVWHQWO\ GHSOR\HGWR´GULYHRXWµLOOHJDOPLQHUVLQWKH0DUDQJHPLQH42 In the Human Rights Watch report, Diamond in the Rough, one miner described his colleagues being buried alive by a police reaction team.43 To ensure that these human rights abuses cease, it is necessary to completely remove all police reaction teams in the Marange mine. This will be enforced by a set date for removal which will be agreed upon, after which no reaction teams may exist in the Marange mine. The mine will be monitored by the Kimberley Process, with taking a lead role in ensuring compliance. Further Human Rights Watch reports may also be used to assess the success of the removal. If additional reaction teams are found in Marange, the WTO will enforce additional sanctions against the Zimbabwean government.

Goals for Policy

In the process of determining recommendations for the country of Zimbabwe, some key goals have been identified which reflect a desire to encourage the global development of human rights. If the military is removed from the Marange mines, corruption will not be as big of an issue. However, ZLWKRXWWKHPLQHVDVDVLJQLILFDQWVRXUFHRIPLOLWDU\EULEHUHYHQXHWKHJRYHUQPHQW·VDELOLW\WR control the military and police is in serious jeopardy. A Zimbabwean police officer makes less than US$5 every three months,44 compared to the $1467.58 a month paid to a soldier of rank Private (E1) ZLWKOHVVWKDQWZR\HDUV·H[SHULHQFHLQWKH86$UP\45 This difference is the major cause of corruption and human rights abuses by the military of Zimbabwe; accordingly, as the government

42Human Rights Watch, Diamonds in the Rough, http://www.hrw.org/node/83960, 5. 43Ibid, 18. 44Ibid, 17. 45US Army, Basic Pay: Active Duty Soldiers, http://www.goarmy.com/benefits/money/basic-pay-active-duty- soldiers.html.

10 begins to pay their civil servants and military more, corruption and human rights abuses will decline. Therefore, an additional goal is to help give the Zimbabwean government the ability to pay their soldiers better.

In order to ensure that the government is transparent, the ability to collect reliable information is HVVHQWLDO7KH=LPEDEZHDQJRYHUQPHQWKDVEHHQDEOHWRJLYHIDOVHLQIRUPDWLRQE\XVLQJ´UHDFWLRQ WHDPVµWKDWFOHDUWKHGLDPRQGILHOGVEHIRUHLPSHQGLQJDVVHVVPHQWVIURPWKH.LPEHUOH\SURFHVV46 To prevent this, the Zimbabwean government must allow unannounced, sporadic assessments by the Kimberly process.

Additionally, illegal government smuggling and sale of diamonds must cease, especially with China. The Chinese government has been trading weapons with the Zimbabwean military in exchange for diamonds from the Marange field.47 Getting the military out of the Marange fields will reduce =LPEDEZH·VDELOLW\WRWUDGHFRQIOLFWGLDPRQGVDZD\WR&KLQD$IWHUWKHPLOLWDU\LVUHPRYHG&KLQD and Zimbabwe will engage in exclusively legitimate forms of commerce.

Finally, Zimbabwe must tighten security along the borders in order to stop diamond smuggling. Currently, significant amounts of diamonds are smuggled out of Zimbabwe to South Africa and other countries without Kimberley Process approval,48 which helps to finance the Zimbabwean military.

Recommendations for the International Community

In order to stop human rights violations, the Zimbabwean government must remove the military from the Marange mine by an agreed upon time. To ensure that the military is out of the Marange territory, the World Trade Organization will implement threat of sanctions. The WTO should enforce these sanctions to ensure that no other human rights violations are broken. The Chiadzwa territory surrounding the mine will also be heavily monitored by the Kimberley Process.

Soldiers and police, among other government employees are paid miserably in Zimbabwe. Corruption, then, has become not only profitable but also essential for soldiers in the . Once Zimbabwean soldiers and police are paid better, corruption and thus illegal diamond smuggling will decrease.

To pay the soldiers and police better, Zimbabwe will need to improve its economy and work to get itself out of debt. As part of our plan, the IMF will give a low-interest loan package to Zimbabwe in return for the government making specific concessions. The Zimbabwean government will

46Human Rights Watch, Diamonds in the Rough, http://www.hrw.org/node/83960, 5. 47Bell, Alex. Zimbabwe: China Funding Diamond Plunder With Guns, http://allafrica.com/stories/201009220056.html 48Lantham, Brian, et al. "Diamond Smuggling Thrives in Zimbabwe," January 13, 2011, http://www.businessweek.com/magazine/content/11_04/b4212011769982.htm.

11 negotiate a plan with the IMF to pay their soldiers and police. Specific dates and salary rates will be VHWRXWGHSHQGLQJRQWKHJRYHUQPHQW·VHFRQRPLFDELOLW\7KH,0)WKURXJK.LPEHUOH\3URFHVVDQG Human Rights Watch reports, will monitor pay rates to make sure that the government is following through. This will be enforced by the threat of sanctions in the same manner as the other preconditions.

Currently, the economic situation in Zimbabwe is dire. The rate of unemployment in Zimbabwe hovers around 95%,49 and the economy was in such shambles that the government was unable to pay its teachers.50 Since Tendai Biti became Finance Minister in 2009, as a part of the MDC and ZANU-PF unity government, Zimbabwe has accomplished major structural reforms to its economy. Finance Minister %LWL·VSUHGHFHVVRUDOORZHGWKHUS dollar, among other foreign currencies, to be used in Zimbabwe, and in 2009 the Zimbabwean dollar was outlawed for a year because, according WR(FRQRPLF3ODQQLQJ0LQLVWHU(OWRQ0DQJRPD´WKHUHLVQRWKLQJWRVXSSRUWDQGKROGLWVYDOXHµ These policies have curbed inflation and, in 2010OHGWRJURZWKLQ=LPEDEZH·V*'351 and anticipated growth of 9.3% in 2011.52 A national debt of 60% is unsustainable and at 150% of GDP53=LPEDEZH·VH[WHUQDOGHEWFRQWLQXHVWRKLQGHU=LPEDEZH·VHFRQRPLFUHFRYHU\54 Drastic steps must to be taken so Zimbabwe has access to affordable lines of credit in order to gradually get out of debt. To achieve this goal international financing is necessary.

These lines of credit would come from a two step process. First, Zimbabwe would receive a no interest loan from the IMF-World Bank HIPC program in order for Zimbabwe to pay off the 140 million dollars worth of arrears Zimbabwe owes to the IMF.55 According to IMF guidelines, to TXDOLI\IRUWKLV+,3&ORDQDQDWLRQPXVWIDFHDQ´XQVXVWDLQDEOHGHEWEXUGHQWKDWFDQQRW be DGGUHVVHGWKURXJKWUDGLWLRQDOGHEWUHOLHIPHFKDQLVPVµDQGGHPRQVWUDWHILVFDOUHIRUP56

=LPEDEZH·VH[WHUQDOGHEWRIRI*'3FHUWDLQO\PHHWVWKHGHEWEXUGHQTXDOLILFDWLRQDQGXQGHU )RUHLJQ0LQLVWHU%LWL·VOHDGHUVKLS=LPEDEZHKDVGHPRQVWUDWHGILVFDOUHVSRQVLELOLW\=LPEDEZH·V GDP growth of 5.9% in 2009 after a decade long contraction of GDP shows that under Minister

49CIA, The World Factbook, https://www.cia.gov/library/publications/the-world-factbook/geos/zi.html. 50"Zimbabwe Teachers to End Strike," February 24, 2009, http://news.bbc.co.uk/2/hi/7909141.stm. 51"Zimbabwe Abandons its Currency," January 29, 2009, http://news.bbc.co.uk/2/hi/africa/7859033.stm. 52Kwesu, Isaac, et al, "Zimbabwe 2011 Investment Outlook." January 2011, http://www.mmccapitalzim.com/administrator/wax/docs/ZIMBABWE%202011%20INVESTMENT%20OUTLOO K.pdf, 4. 53Zim External Debt Remains Unsustainable,µ=LPEDEZH,QGHSHQGHQW 10 February 2011, http://www.theindependent.co.zw/business/29843-zim-external-debt-remains-unsustainable.html. 54Urdu, Aloysius, "Infrastructure and Growth in Zimbabwe: An Action Plan for Sustained Strong Economic Growth," 2011, http://www.afdb.org/fileadmin/uploads/afdb/Documents/Generic- Documents/1.%20Standalone%20Summary%20Report.pdf, 14. 55´,0)([HFXWLYH%RDUG5HVWRUHV=LPEDEZH V9RWLQJ5LJKWVDQG7DNHV6WHSV7RZDUGV8QIUHH]LQJ$FFHVVWRWKH General Resource Account," February 19, 2010, http://www.imf.org/external/np/sec/pr/2010/pr1053.htm. 56´'HEW5HOLHI8QGHUWKH+HDYLO\,QGHEWHG3oor Countries (HPIC) Initiative," March 31, 2011, http://www.imf.org/external/np/exr/facts/hipc.htm.

12

%LWX·VOHDGHUVKLSWKHHFRQRP\ZLOOFRQWLQXHWRUHERXQG57 Another example of fiscal responsibility required to receive an HIPC loan waVGHPRQVWUDWHGZKHQWKH,0)UHVWRUHG=LPEDEZH·VYRWLQJ rights and granting Zimbabwe access to the General Resource Account (GRA) in February 2010.58

In order to receive this initial loan, the government of Zimbabwe must make concessions and create a workable timetable to pay back this loan. This will be a point of contention in the international FRPPXQLW\FRQVLGHULQJWKDWPRVWRI=LPEDEZH·VGHEWLVDFFXPXODWHGGHEWDQGKDVQ·WEHHQVHUYLFHG yet.

In 2010 Zimbabwe only managed to pay 30 million of the 680 million dollars worth of debt commitments.59 However, the international community will never be able to collect on its loans unless significant action is taken, and the HIPC loan is the first step.

Zimbabwe owes money to numerous financial institutions including $140 million owed to the IMF, $740 million owed to the World Bank, and $480 million owed to the African Development Bank.60 This loan would take a large amount of trust from the international community, and in return for the loan Zimbabwe would be required to pay back the arrears to the IMF and allow international observers unrestricted and unannounced access to the Marange diamond fields to ensure that the Kimberly process is being adhered to. Considering the potential benefits from the loan package, these are relatively small concessions for the Zimbabwean government.

Following the payback of the HIPC loan, the next step for Zimbabwe is a substantial loan from the General Resource Account of the IMF. One precedent for this loan would be the bailout of Greece in which the IMF contributed 48.3 billion dollars.61 Although Finance Minister Biti, Zimbabwe and the IMF would work out the specifics of the deal, there are some non-negotiable conditions that must be required. In order to qualify for this larger loan the government of Zimbabwe must first fulfill their obligations in step one by paying back the initial HIPC loan. Next, the military of Zimbabwe must withdraw from the Marange diamond fields and stop the blatant human rights abuses by the military.

The government of Zimbabwe must repeal the Indigenization and Economic Empowerment Act, which requires that all foreign companies worth $500,000 or more sell 51% of their shares to indigenous Zimbabweans (black Zimbabweans), repeal the Non Governmental Organizations Act

57´7KH:RUOG)DFWERRN=LPEDEZH," April 6, 2011, https://www.cia.gov/library/publications/the-world- factbook/geos/zi.html. 58 "IMF Executive Board Restores Zimbabwe's Voting Rights and Takes Steps Towards Unfreezing Access to the General Resource Account," February 19, 2010, http://www.imf.org/external/np/sec/pr/2010/pr1053.htm. 59Economist Intelligent Unit, "The Government Publishes Mining Indigenisation Rules," April 1, 2011, http://country.eiu.com/article.aspx?articleid=2007951785&Country=Zimbabwe&topic=Economy&subtopic=Current +policy&subsubtopic=Economic+policy%3a+The+government+publishes+mining+indigenisation+rules. 60Urdu, http://www.afdb.org/fileadmin/uploads/afdb/Documents/Generic- Documents/1.%20Standalone%20Summary%20Report.pdf, 14. 61"Europe and IMF Agree 110 Billion Financing Plan with Greece," May 2, 2011, http://www.imf.org/external/pubs/ft/survey/so/2010/car050210a.htm.

13 of 2004, come up with an austerity plan that would include plans to pay off their external debt, plans for long-term development of the country, along with whatever else the IMF mandates.62 The IEEA could cost the government billions of dollars worth of foreign investment and expertise that the government cannot afford to lose.63 According to the 2011 budget, the government needs 3 to 5 billion dollars over the next 3 to 5 years in order to re-capitalize the mining industry, which will be impossible if the IEEA is in place.64 $SULRUDWWHPSWE\WKHJRYHUQPHQWWR´GLVWULEXWHµZHDOWKWR indigenous (black) Zimbabweans by the Land Reform and Resettlement Program Phase II resulted in a sharp decline in the value of the agriculture sector.65 A similar impact on the mining industry can be expected from the IEEA.

7KHUHSHDORIWKH1RQ*RYHUQPHQWDO2UJDQL]DWLRQV$FWZRXOGDOORZLQWHUQDWLRQDO1*2·VWR RSHUDWHLQ=LPEDEZHDVZHOODVGRPHVWLF1*2·VWRUHFHLYHLQWHUQDWLRQDOIXQGLQJ66 The repeal of this bill is essential so that the government of Zimbabwe is held accountable for their actions and it ZLOOJLYHWKH1*2·VLQ=LPEDEZHOHJLWLPDF\

The austerity plan will be negotiated between the government and the IMF just as the IMF-EU bailout of Greece was negotiated. The government of Zimbabwe and the IMF must also come up with a long-term development plan, so further lending from the IMF will be less necessary. The negotiators to refer to the recent African Development Bank report of future growth; however the long-term development plan must be decided by the government of Zimbabwe and the IMF.

The final terms of the loan will be decided by negotiations between the government of Zimbabwe led by Finance Minister Biti and the IMF.

These recommendations for Zimbabwe represent a holistic approach to the many problems faced in that country. Ideally, the combined incentive of a low-interest loan package, coupled with the threat of economic sanctions from WTO will be enough to make Zimbabwe cede to the requirements. However, for this transaction to work, it is important that the UN, IMF, Kimberley Process, and US tread carefully when proposing this arrangement, as the Mugabe government will only accept it if DSSHDOVWR3UHVLGHQW5REHUW0XJDEH·VVelf image as the person destined to lead the Zimbabwean people to greatness.

62"Indigenisation Act Could Slow Investment in the Mining Sector," April 17, 2011, http://www.intozimbabwe.com/finance/finance-news/economy/2375-indigenisation-act-could-slow-investment-in- the-mining-sector.html. 63Ibid. 64"Zimbabwe Budget 2011," November 25, 2011, http://www.africainvest.se/wp- content/uploads/2010/12/Zimbabwebudget2011.pdf, 5. 65Scoones, Ian, "Zimbabwe's Land Reform: Challenging the Myths," October 19, 2010, http://www.thezimbabwean.co.uk/index.php?option=com_content&view=article&id=34979:zimbabwes-land-reform- challenging-the-myths&catid=72:thursday-issue&q=scoones. 66"The Non-Governmental Organization Act," http://www.kubatana.net/docs/adv/initialdraft_ngoact_nango030115.pdf.

14

Ɣ The Zimbabwean government must remove the military from the Marange mine by a specific date decided upon in negotiations between the IMF and the Zimbabwean government ż The WTO will enforce this by threat of sanctions on Zimbabwean platinum exports Ɣ Zimbabwe must repeal the Indigenization and Economic Empowerment and Non Governmental Organizations Acts Ɣ The Zimbabwean government and the IMF will hold negotiations to develop a timetable for repayment of the HIPC loan package as well as the arrears it owes the IMF and the GRA loan Ɣ The Zimbabwean government and the IMF must negotiate an austerity plan that includes provisions to pay civil servants and the military better Ɣ The Zimbabwean government and the IMF must develop a long term investment and development plan to make international financing unnecessary in the future

15

Diamond Industry

World-Wide Diamond Trade

There are six major components of the diamond industry: exploration, mining, sorting, cutting and polishing, jewelry manufacturing, and retailing. At each step of the chain, the potential capital increases. According to aggregated industry figures worldwide from 2009, rough diamonds are valued at approximately US $9 billion. The value of the diamonds then rises to about US $11 billion after sorting and to US $14 billion after polishing. Wholesalers then purchase the diamonds for roughly US $15 billion and sell them to jewelers for US $28 billion.67

Zimbabwe Diamond Trade

Diamonds are vitally important to Zimbabwe. The diamond business is a major contributor to =LPEDEZH·VHFRQRP\DFFRXQWLQJIRURIWKHFRXQWU\·V*'368 The diamond industry has been almost completely nationalized; the Zimbabwe Mining and Development Corporation (ZMDC) is under direct control of the Zimbabwe African National Union-Patriotic Front (ZANU-PF).69

Diamonds from the Marange field find their way into the world market through the six-step chain of the world-wide diamond trade. Once mined, Marange diamonds are given to the Minerals Market Corporation of Zimbabwe (MMCZ). The MMCZ then sorts and sells the diamonds in large quantities. Then, at auctions, these diamonds are bought by conglomerate firms either to be used for industrial or retail purposes.70 After auction, bulk quantities of retail-quality diamonds are transported to one of several locations that serve as centers of the diamond industry. At these centers, diamonds are cut and polished, then sorted by cut, color, clarity and weight. Afterwards, diamonds are either stockpiled or sold to wholesalers and jewelry manufacturers in one of the twenty-four registered diamond exchange cities.71 Finally, diamonds are made into jewelry and sold to consumers.

67"The Diamond Industry Fact Sheet," Diamond Facts, World Diamond Council, www.worlddiamondcouncil.org/dhttp://www.worlddiamondcouncil.org/download/resources/documents/Fact%20Sh eet%20(The%20Diamond%20Industry).pdf. 68´=LPEDEZHµCIA World Factbook, Central Intelligence Agency, https://www.cia.gov/library/publications/the-world- factbook/geos/zi.html. 69"Marange," Africa Consolidated Resources plc, http://www.acrplc.com/Projects/Diamonds/Marange.html. 70´)XQFWLRQVRI00&=µMMCZ. Minerals Marketing Corporation of Zimbabwe, http://www.mmcz.co.zw/index.php?option=com_content&view=article&id=68&Itemid=57. 71"The Diamond Industry Fact Sheet," www.worlddiamondcouncil.org/dhttp://www.worlddiamondcouncil.org/download/resources/documents/Fact%20Sh eet%20(The%20Diamond%20Industry).pdf.

16

However, diamonds are not always traded in the legal manner described above. ZANU-PF obtains and uses the diamonds to finance their political party and to fund their militia groups. The state run Reserve Bank of Zimbabwe (RBZ), under ZANU-PF control, buys non-Kimberley Process certified diamonds and mixes them with certified diamonds for trade.72 This makes it nearly impossible to trace the source of Zimbabwean stones and to decipher between conflict and non-conflict diamonds. The diamonds can also be traded into the large, illicit web of the black market. Many Zimbabwean diamonds mined in the Marange fields are smuggled out of the country and sold, ignored by bribed police, usually to Manica, . Once in Manica, fifty miles east of Chiadzwa, these diamonds are given forged Kimberley Process certifications.73 They then enter the diamond trade, circulate the upper tiers of the value chain, and ultimately make their way onto the necks and fingers of consumers.

Industry in Zimbabwe

In 2009, ZMDC seized control of the Marange fields from British owned African Consolidated Resources (ACR).74 The Marange mines are now run as a joint operation between the Zimbabwean ZMDC and South African Grandwell Holdings and Core Mining. This joint venture is known as Mbada Diamonds and Canadile Miners.75 As a result of the recent March 2011 decision to reinstate the Kimberly Process, Canadile and Mbada are the only two companies that are now legally, as defined by the Kimberley Process, exporting diamonds from the Marange area.76

These Marange diamonds are eventually sold to large diamond corporations. Companies include Rapaport, an affluent diamond trading network that sells to over ten thousand clients in seventy countries,77 DQG'H%HHUVDQRWKHUPDMRUGLDPRQGEX\HUDQGVHOOHUWKDWFRQWUROVRIWKHZRUOG·V diamond trade.78 However, since the controversial decision in March, many key players of the diamond industry have expressed their disapproval over the reinstatement of the Kimberly Process for Canadile and Mbada diamonds, and have banned Marange diamonds from being bought, sold, and traded within their companies. Rapaport has banned Marange diamonds from its website,

72Nemukuyu, Daniel, ´=LPEDEZH5%=*HWV&XVWRG\RI&KLDG]ZD'LDPRQGVµThe Herald, January 22, 2010, Southern African Resource Watch, http://www.sarwatch.org/mining-and-politics-in-zimbabwe/124-mining-and-politics-in- zimbabwe/1106-zimbabwe-rbz-gets-custody-of-chiadzwa-diamonds.html. 73Hammers, Joshua, ´%ORody ShameµFast Company, December 2009-January 2010, Issue 141, 110-119, Human Rights Watch, http://search.ebscohost.com. 74"Marange," Africa Consolidated Resources plc, http://www.acrplc.com/Projects/Diamonds/Marange.html. 75=(/$´/DFNRI7UDQVSDUHQF\DQG Accountability Evident in Chiadzwa Diamond 0LQLQJ$UUDQJHPHQWVµZimbabwe Environmental Law Association, Press Release: February 16, 2010, http://www.zela.org/news/Press%20Statements/Press%20Release- Make%20Diamond%20Mining%20Contracts%20Public.pdf. 76´$6WDWHPHQWE\WKH:RUOG'LDPRQG&RXQFLOµWorld Diamond Council, March 22, 2011, http://www.worlddiamondcouncil.com. 77´$ERXW8Vµ'LDPRQGVQHW, Rapaport, http://www.diamonds.net/cms/about-us.aspx. 78´3UHYHQWLQJ&RQIOLFW'LDPRQGVµDe Beers, De Beers Group, http://www.debeersgroup.com/Sustainability/Ethics/Conflict-diamonds/

17

RapNet, and has released warning statements about them.79 Several other businesses have initiated schemes with regulations more stringent than that of the Kimberley Process to keep controversial Zimbabwean diamonds out of the market. For example, Forevermark, a campaign established by De %HHUVIROORZVDULJRURXVVWDQGDUGRIEXVLQHVVWKDWFDUHIXOO\VRXUFHV'H%HHUV·GLDPRQGV(DFK Forevermark diamond is inscribed with an icon and a unique identification number, promising the FRQVXPHUWKDWLWLV´VRXUFHGIURPPLQHVZKHUHWKHGLDPRQGVEULQJUHDOEHQHILWVWRSHRSOH FRPPXQLWLHVDQGFRXQWULHVµ80 The Word Diamond Council (WDC), an organization dedicated to representing the diamond industry and promoting implementation of voluntary regulatory systems that monitor trade of diamonds, has also released an official statement advising members of the international diamond businesses to refrain from trading and exporting Marange diamonds.81 Jewelers of America (JA) and the Diamond Manufacturers & Importers Association of America (DMIA), both key players in the industry, have issued a joint statement echoing the concerns of the 8QLWHG6WDWHV·'HSDUWPHQWRI6WDWHand the WDC.82 However, despite the efforts of many players of the diamond industry, Marange diamonds continue to be in large circulation.

Recommendations: The Diamond Industry

Ɣ $OOGLDPRQGUHWDLOHUVVKRXOGFUHDWHLQLWLDWLYHVOLNH'H%HHU·V)RUHYHUPDUNWKDWwill make them more stringent and responsible, than the Kimberley Process, in tracing the source of their diamonds in order to prevent any conflict diamonds from entering the diamond trade. Ɣ All corporations that make up the world diamond industry should put an absolute ban on all diamonds that originate from the Marange fields in Chiadzwa, Zimbabwe until further investigation proves them to be conflict free. As a part of the initiatives described in the recommendation above, companies will create special task force teams whose sole purpose is to investigate and report on the Marange fields. Ɣ International diamond corporations must pressure, through boycotts and sanctions, the Zimbabwean government to re-privatize its Marange mines.

79´$ERXW8VµKWWSZZZGLDPRQGVQHWFPVDERXW-us.aspx. 80´)UHTXHQWO\$VNHG4XHVWLRQVµForevermark, De Beers Group, http://www.forevermark.com/en/Help--support-home- page/FAQs. 81´$6WDWHPHQWE\WKH:RUOG'LDPRQG&RXQFLOµWorld Diamond Council, March 22, 2011, http://www.worlddiamondcouncil.com. 82´-$:'&'0,$6WDWHPHQWVRQ=LPEDEZH([SRUWVµNational Jeweler, March 23, 2011, http://www.thecoutureshow.com/nj/majors/all/article_detail?id=25981.

18

Conflict Diamonds and NGOs

Introduction

Non-governmental organizations (NGOs) play a vital role in monitoring the entrance of diamonds into the international market. Local NGOs provide information from within Zimbabwean borders to international NGOs (INGOs). These international NGOs raise global awareness about conflict diamonds that Zimbabwe exports. INGOs also provide Kimberley Process members with information about human rights violations that occur as a result of conflict diamond mining. The United Nations oversees the Kimberley Process, which works with local and international NGOs that raise awareness about conflict diamonds. Previously, the Kimberley Process and NGOs have had connections, but no direct relationship. If the two organizations worked directly together they would have greater success in monitoring diamonds in the world market.

Local Non-Governmental Organizations

The Zimbabwean government passed the Non-Governmental Organization Act in 2004, which banned INGOs from working in Zimbabwe and restricted local NGO funding to exclusively in- state monetary sources.83

Local NGOs often have more access to resources than INGOs in Zimbabwe. These resources include: on-ground sites, meetings with the government, and contacts with other NGOs in Zimbabwe. Local NGOs support the Kimberley Process Mission Review Team by gathering LQIRUPDWLRQWKURXJK´LQWHUYLHZLQJYLFWLPVRIKXPDQULJKWVDEXVHVLQVSHFWLQJPLQLQJRSHUDWLRQV VHFXULW\DUUDQJHPHQWVDQGLQYHVWLJDWLQJH[SRUWDFFRXQWLQJDQGEODFNPDUNHWWUDGLQJµ84 Although local NGOs are permitted to function as organizations in Zimbabwe, they face an oppressive government that can disable any NGO at any given time. Because local NGOs are strongly discouraged, leaders of the organizations are often threatened by the Zimbabwean government. This is highlighted in the book, Undermining Development, which details how staff and directors of non- JRYHUQPHQWDORUJDQL]DWLRQVRIWHQILQG´H[SRVés of their personal lives in the pages of the state QHZVSDSHUVµ85 In an interview in the book, a local NGO coordinator explains the difficulties of EHLQJLQFKDUJHRIDORFDO1*2´1*2VZRUNLQJGLUHFWO\WRSURPRWHKXPDQULJKWVDQGGHPRFUDF\ KDYHIDFHGVLPLODUGLIILFXOWLHVZLWKWKHJRYHUQPHQW«WKHGLUHFWRUVDQGVWDIIRIWKHVHRUJDQL]DWLRQV have becRPHXVHGWRZRUNLQJLQDFXOWXUHRIIHDUµ86 According to Undermining Development, local NGOs have a strong connection between each other, which allows them to share resources and

83´Kubatana - Archive - Non-Governmental Organizations Bill,µ 2004, http://www.kubatana.net/html/archive/legisl/040731ngobill.asp. 84Saunders, Richard, "Conflict Diamonds from Zimbabwe," Kubatana.net, http://www.kubatana.net/html/archive/econ/090930rs.asp?sector=opin&year=2009&range_start=1. 85Michael, Sarah, Undermining development: the absence of power among local NGOs in Africa, Oxford: James Currey, 2004. 86Ibid.

19 information with the Western media.87 +RZHYHUPDQ\RIWKHORFDO1*2V·VRXUFHs may not be the most reliable or trustworthy; because of this the INGOs still view the links between the local NGOs as weak.

International Non-Governmental Organizations

Amnesty International and are the two main INGOs that raise awareness about conflict diamonds. Global Witness was the first organization to make the problem of conflict GLDPRQGVDQLQWHUQDWLRQDOFRQFHUQ7KHLUUHSRUW´$5RXJK7UDGHµUHOHDVHGLQGHVFULEHGKRZ diamonds fuelled the civil war in Angola.88

When it comes to resolving the issue of conflict diamonds, the main goal of INGOs is to raise the level of awareness of consumers. They raise awareness by publishing reports detailing the conflict in Zimbabwe and recommendations for resolution. One local NGO that has been able to survive in Zimbabwe is the Centre of Research and Development (CRD), located in Mutare. The CRD SDUWQHUVZLWK*OREDO:LWQHVVDQGVXSSOLHGNH\LQIRUPDWLRQIRU*OREDO:LWQHVV VODWHVWUHSRUW´7KH 5HWXUQRIWKH%ORRG'LDPRQG  µ89

In the past, INGOs have used many forms of media to convey the message of conflict diamonds. In 2006, Global Witness and Amnesty International partnered with Warner Bros to create the movie Blood Diamond, staring Leonardo DiCaprio.90 This endeavor raised awareness among the general public about conflict diamonds.

In June 2006, Global Witness started an advertising campaign to raise awareness about the Sierra Leone conflict diamonds. This advertisement featured a severed ear pierced with a diamond earring lying on DSLHFHRIYHOYHW,QVFULEHGXQGHUQHDWKWKHSLFWXUHZHUHWKHZRUGV´:KDWGLG\RXUGLDPRQG UHDOO\FRVW"µ91 Shocking yet captivating tactics like this help INGOs raise global awareness and get people excited to petition and stop the issue of conflict diamonds. Unfortunately, no such sensational tactics have been used to bring to light the conflict diamonds in Zimbabwe.

Although INGOs have done their best to educate consumers about Zimbabwean conflict diamonds by writing reports, INGOs are extremely limited in the amount of on-site work they are able to do in Zimbabwe. As suggested in the Government section, we believe that Zimbabwe should repeal the Non-Governmental Organizations Act and allow INGOs into the country.

87Ibid. 88Global Witness, Conflict Diamonds, April 27, 2011, http://www.globalwitness.org/campaigns/conflict/conflict- diamonds. 89Global Witness, Return of the Blood Diamond, April 27, 2011, http://www.globalwitness.org/sites/default/files/pdfs/return_of_blood_diamond.pdf. 90Amnesty International, Blood Diamond, Apr. 27, 2011, http://www.amnestyusa.org/blooddiamond. 91McKay, David, "Blood still flowing from diamonds," Finweek, June 29, 2006, 21.

20

INGOs and the Kimberly Process

INGOs such as Global Witness and Partnership Africa-Canada participate in the plenary meetings of the Kimberley Process.92 INGOs have been using their positions as observers to try to enforce the Kimberley Process standards on the Marange field in Zimbabwe. One of the requirements of the Kimberley Process is to inspect the country's diamond mines.93 The review teams are comprised of government officials, industry representatives, and INGOs representatives. Due to the participation of the review teams, INGOs are able to utilize the gathered information to influence the Kimberley 3URFHVV·VGHFLVLRQV

,1*2V·UHSUHVHQWDWLYHVDWWHQGHGWKHPRVWUHFHQWSOHQDU\PHHWLQJRIWKH.LPEHUOH\3URFHVVRQ March 2010 in Jerusalem, Israel.94 At this meeting, INGOs influenced the decision to keep Zimbabwe Certification despite a June 2009 review report. The report described how Zimbabwe KDGYLRODWHGKXPDQULJKWVDQGFRQWLQXHGWRVPXJJOHGLDPRQGVWKURXJKWKHFRXQWU\·VERUGHU7KH .LPEHUOH\3URFHVVGLGQRWUHYRNH=LPEDEZH·VFHUWLILFDWLRQ so that it could continue to monitor the Zimbabwean diamond fields. This way, the Kimberly Process and the Zimbabwean mines could work together to obtain conflict free mines.95 However, the Kimberley Process is ineffective in making sure Zimbabwe meets its requirements. International NGOs claims that the Kimberley Process fails to monitor Zimbabwe adequately. As a result the Kimberley Process certification has not proven to be effective in preventing conflict diamonds from entering the market.96

Currently, the main issue with the Kimberley Process is its lack of a central database. Although it gathers a lot of information, there is no place to store the data used to keep track of countries. In order for the Kimberley Process to be effective, it needs to have a paid staff in charge of compiling data located in one central location. This way, data could be collected annually and countries would have one organization to report to on a regular basis. The staff would be headed by a President, which would be a full-time position elected by the staff members of the team. This position would not rotate like the current Chair of the Kimberley Process. This would give the Kimberley Process stability. However, in order to ensure the stability of this new structure, the staff must be paid. The Kimberley Process should also implement a fee on each diamond that is certified. This fee would be paid annually by each country that exports Kimberley Process certified diamonds. This would make the Kimberley Process a potent system that can prevent conflict diamonds from entering the industry.

92Kimberley Process, "Background,µ April 27, 2011, www.kimberleyprocess.com/background/index_fr.html. 93"Kimberley Process Certification Scheme," Kimberley Process, April 28, 2011, www.kimberleyprocess.com/download/getfile/4. 94Ibid. 95Ibid. 96Ibid.

21

The United Nations and NGOs

In 2010, the United Nations took minimal action to end prolific smuggling in Zimbabwe. Although the percentage of conflict diamonds circulating the globe has been greatly reduced in the past few years, conflict diamonds still make their way into the global market.

In December 2000, The United Nations, hoping to break the cycle of conflict diamond trade, called all states to support and propagate the production, exportation and importation of diamonds in conflict-free areas.97 The United Nations told all states to replicate stringent Security Council measures and regulations to further ensure that no conflict diamonds enter the market. As a final measure, the United Nations formed an international subgroup concerned with imposing standards of diamond production and trade, also known as the Kimberley Process.

The Kimberley Process accepted Zimbabwe as a member in 2003, and in that same year, it was also recognized by the United Nations as a Kimberley certified country. The Zimbabwean government was compliant with the Kimberley process regulations for a short period of time before the government began to withhold information from the Kimberley Process, ignoring the regulations set forth by the Security Council. The Kimberley Process in its current state has little power to enforce these regulations.

To combat this issue, the United Nations and the Kimberley Process have partnered to attempt enforcement of the Security Council guidelines in Zimbabwe. The two organizations worked together to create the Group for Monitoring, which entered Zimbabwe to assess the status of the Marange diamond field.98 This joint plan to create the Group for Monitoring requires that the government of Zimbabwe allow WKHJURXS·V delegates from the Group for Monitoring into the Marange diamond mines, but only for one month. However, each time the Group for Monitoring wanted to inspect the field, they had to consult the Zimbabwean government. As a result of the KHDY\LQYROYHPHQWRI=LPEDEZH·VJRYHUQPHQWWKHMRLQWSODQZDVDvery unsuccessful attempt to meet the standards of the General Assembly guidelines.

Along with the monitoring group, the UN has set up a rough diamond statistics website that allows anyone to view information about the import and export of rough diamonds in countries like Zimbabwe.99 Although the United Nations has set up The Group for Monitoring with the Zimbabwe government and the rough diamond statistics website, their enforcement of the

97United Nations, ´[01 Dec 2000] GA/9839: General Assembly urges states to implement measures to weaken link between diamond trade and weapons and weapons for rebel," Welcome to the United Nations: It's Your World, http://www.un.org/News/Press/docs/2000/20001201.ga9839.doc.html. 98United Nations," UN Security Council: Background," Welcome to the United Nations: It's Your World, http://www.un.org/Docs/sc/unsc_background.html. 99Kimberley Process, "Public statistics area," Kimberley Process - Rough diamond statistics, https://kimberleyprocessstatistics.org/public_statistics.

22

Kimberley process in Zimbabwe has been unsuccessful.

Recommendations x Global Witness and Amnesty International should partner to sponsor a documentary on Zimbabwean conflict diamonds that could be shown in movie theaters around the world. x The Kimberley Process should place a fee on all diamonds that are certified by the Kimberley Process. Using this fee, they should create a Central Database Team that is in charge of collecting data from every country and making the information available to the public. x The Kimberley Process should create a Central Database Team, run by its own staff, directly paid by the Kimberley Process fee. x There should be a permanent President of the Kimberley Process that is elected by the Central Database Team. x The Central Database Team should create a core group that educates NGOs in the Zimbabwean community about how to better communicate with the government and other NGOs. x Kimberley Process should be allowed to send review teams to any Kimberley Process FHUWLILHGFRXQWU\·VGLDPRQGILHOGVDWDQ\WLPHWRDFFXPXODWHLQIRUPDWLRQIRUUHSRUWVDVZHOO as require a report on findings every quarter of a year. x Volunteers at local NGOs should be trained by Interaction Groups created by the central database team that would teach the communication skills required in order to become a successful NGO in the Zimbabwean community. The training would consist of learning and practicing the abilities needed to advocate, raise awareness, communicate effectively with the government, and work with other NGOs to gather accurate information.

23

Conclusion

7DNXQGD1HVKXPEDDQG%DUQDEDV0DNX\DQD·VGHDWKVDUHWKHUHVXOWRIWKHFRQWLQXHGPLQLQJDQG trading of Zimbabwean conflict diamonds. Every single country, every single diamond business and every single NGO can take steps to create a more effective system that will work to end the human rights abuses occurring every day in Zimbabwe.

The production, trade, and export of these conflict diamonds is a large factor in stabilizing =LPEDEZH·VHFRQRP\&LWL]HQVDUHRIWHQIRUFHGWRVPXJJOHDVDPHDQVRIVXUYLYDOZKLFKLQWXUQ exposes them to frequent human rights violations. Economic investment and stabilization in areas outside of the diamond mines will create more legal and beneficial jobs. To make this possible, it is recommended that the International Monetary Fund (IMF) approve a loan package to Zimbabwe. This IMF loan package will include stipulations that Zimbabwe must meet in order to continue receiving funds; if Zimbabwe fails to meet these requirements, the WTO will create and enforce sanctions against platinum exports.

The diamond industry must take a more active role preventing the trade of conflict diamonds from Zimbabwe. Diamond companies must create new and innovative ways of tracing the origin of purchased diamonds and of ensuring that only clean diamonds are bought. This will guarantee that neither the company nor the consumer is propagating the trade of conflict diamonds.

The Kimberley Process, a system working to prevent conflict diamonds from entering the market, is the current diamond certification system used by 75 countries. However, the Kimberley Process is ineffective due to its lack of staff, funding, and its lack of ability to monitor the progress of the mines first-hand. For this reason, the implementation of a full-time Central Database team funded by an annual membership fee to the Kimberley Process is essential.

Most NGOs concerned with the diamond industry and human rights violations gather information for the Kimberley Process and promote the end of conflict diamonds. In the past few years, INGOs have been able to raise global awareness about conflict diamonds and the resulting human rights abuses. However, the Zimbabwean government has banned INGOs from working in the country. Due to this, it is recommended that two of the largest INGOs, Amnesty International and Global :LWQHVVSDUWQHUWRFUHDWHDGRFXPHQWDU\RQ=LPEDEZH·VFRQIOLFWGLDPRQGV

If the Kimberley Process puts in place an effective monitoring system, and creates a method of garnering funds, the organization will be able to better prevent Zimbabwean conflict diamonds from entering the market. The participation of the Zimbabwean Government, the diamond industry, and non-government organizations are all essential in the development of effective solutions that will end the export and trade of Zimbabwean conflict diamonds.

24

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