Blood diamonds: the successes and failures of the Kimberley Process Certification Scheme in Angola, Sierra Leone and Zimbabwe.

• Published date: 01 January 2016
• Author: Howard, Audrie
• Date: 01 January 2016

Introduction

The 2006 Leonardo DiCaprio thriller Blood Diamond (1) brought the issue of conflict diamonds (2) to the awareness of the general public. However, conflict diamonds began wreaking their havoc on parts of the developing world long before appearing in theatres. Over the past several decades, diamond trade has fueled conflicts in many countries across the world. (3) The Kimberley Process Certification Scheme, implemented in 2003, (4) sought to "eliminate the presence of conflict diamonds in the chain of producing, exporting and importing rough diamonds" within participating countries. (5)

Some have considered the Kimberley Process Certification Scheme (also referred to as the KPCS) a success while others view it as a strong attempt at resolution that has ultimately failed. (6) There are also many proposals for changes and additions to the existing structure that aim to make the KPCS more effective. (7)

This note will focus on the history of the blood diamond trade in three African countries: Angola, Sierra Leone, and Zimbabwe. (8) Part I of this note will delve into the history of blood diamonds in these three countries, including the conflicts, namely civil wars, which have been fueled by diamonds, and may still be fueled by diamonds today. Part II will detail the history of the KPCS--its structure regarding membership and policy, how it works, and how it is enforced. Part III will focus on the implementation of the KPCS in Angola, Sierra Leone and Zimbabwe and the extent to which this implementation has been effective, while also identifying the current status of blood diamonds in each of the three countries. Finally, Part IV will examine some areas where the KPCS is lacking as well as some proposed revisions to make the KPCS more effective. Lastly, this Note will conclude with an evaluation of Lastly, this note will evaluate how the KPCS should realistically and practically be updated to accommodate for changes in the realm of the diamond trade.

I. HISTORY OF BLOOD DIAMONDS: ANGOLA, SIERRA LEONE AND ZIMBABWE

The KPCS Core Document defines conflict diamonds as "rough diamonds used by rebel movements or their allies to finance conflict aimed at undermining legitimate governments." (9) The document also refers to the United Nations General Assembly Resolution 55/56, (10) which describes conflict diamonds as "rough diamonds which are used by rebel movements to finance their military activities, including attempts to undermine or overthrow legitimate Governments." (11) Conflict diamonds are often referred to as "blood diamonds" because of the lives lost in violent armed conflicts funded by the sale and trade of these diamonds. (12) The populations of Angola, Sierra Leone and Zimbabwe have shed much blood during conflicts funded by diamonds. A deeply detailed account of these conflicts is beyond the scope of this article, however some understanding of the nature of each conflict is important as a backdrop for the discussion of the role of the Kimberley Process Certification Scheme in each of these countries.

A. Angola

Civil war began in Angola right after the country became free from Portugal in 1975. (13) The Angolan Civil War was a power struggle between the Popular Movement for the Liberation of Angola, or the MPLA, and the National Union for Total Independence of Angola, or UNITA. (14) The first segment of civil war ended with the signing of the Lusaka Protocol in 1994 by the Angolan government and UNITA. (15) "A cease-fire went into effect two days later, and United Nations peace-keeping troops entered Angola in 1995." (16)

"At the time the Lusaka Protocol was signed, UNITA controlled over 70% of Angola and nearly all of its diamond production." (17) Neither Angola's government nor the diamond industry made any effort to halt the trade of diamonds mined by UNITA. (18) Between the years of 1992 and 1998, UNITA's profits from the diamond trade totaled up to $13 billion (19) This money went to fund various UNITA ventures, including the purchase of arms. (20)

The Government of National Unity and Reconciliation was formed in 1997 in order to help unify UNITA and MPLA structures, despite the requirement by the Lusaka Protocol that state authority be reestablished in Angola. (21) UNITA diamond sales continued until June 12, 1998, when the United Nations Security Council adopted Resolution 1173, (22) which held that "all States shall take the necessary measures ... to prohibit the direct or indirect import from Angola to their territory of all diamonds that are not controlled through the Certificate of Origin regime of the GURN." (23) The United Nations used this strategy of "choking the financial lifeline of UNITA" in an attempt to force it out of power. (24) The strategy was not entirely effective, as UNITA still managed to fund its activities with smuggled diamonds. (25)

B. Sierra Leone

Civil war in Sierra Leone lasted from 1991 until 2002. (26) The rebel group called Revolutionary United Front, or the RUF, lead by Foday Sankoh, gained possession of Sierra Leone's diamond mines. (27) The RUF's wartime practices were truly appalling. (28) Children were stolen from their families, drugged, force-fed gun powder to make them violent, and were then recruited as soldiers for the RUF's rebel forces. (29) Children were also forced to work in diamond mines under hazardous, even deadly, conditions. (30) The ultimate affect of the civil war was to displace tens of thousands, force half a million to flee Sierra Leone, and leave unknown numbers dead or injured. (31)

In 1999, the United Nations Security Council established the Mission in Sierra Leone to help with peace efforts. (32) The United Nations officially accused neighboring Liberia's leader, Charles Taylor, in 2002 of backing the RUF insurgency by providing weapons and training in exchange for diamonds. (33) The civil war in Sierra Leone was ignited in large part by Taylor's involvement. (34) Due to his involvement, Taylor was sentenced to 50 years in prison on 11 counts of aiding and abetting the rebels. (35) Also in 2002, the United Nations placed a ban on all direct and indirect diamond imports from Sierra Leone. (36) The civil war came to an end in 2002, and conflict has yet to break out again in Sierra Leone. (37) Observers have even seen diamonds contribute to the rebuilding of the country's infrastructure. (38)

C. Zimbabwe

Zimbabwe gained its independence from Britain in 1980. (39) Since that time, Zimbabwe has seen only one president, Robert Mugabe. Mugabe's original party, the Zimbabwean African National Union, or ZANU, merged with the opposing Zimbabwe African Peoples' Union, or ZAPU, to form ZANU-PF. (40) When challenged by the Movement for Democratic Change, or MDC, lead by Tsvangirai in 1999 the ZANU-PF responded with intimidation and rigged elections in order to maintain political control. (41) Tsvangirai won many votes in the early rounds of the 2008 presidential election, but withdrew after a violent ZANU-PF response. (42) Despite the plainly tenuous relationship, international pressures led Mugabe and Tsvangirai to establish a regime where Mugabe remained president and Tsvangirai became prime minister. (43) It is easy to understand why this arrangement, while legitimate, is so hotly contested. (44) This is significant because it means that the legitimate government, rather than rebel or opposition groups, controls all diamond mines in Zimbabwe. (45)

D. A "Resource Curse"?

Angola, Sierra Leone and Zimbabwe, like most of the African continent, have all suffered from what some scholars call a "resource curse." (46) This occurs when countries with at least one very plentiful natural resource, here diamonds, are unable to utilize that resource to rise out of poverty. (47) Resource curses tend to lead to poor economic growth, authoritarian-style government regimes, corruption due to rent-seeking behavior, and conflict. (48) The structure overall seems to be what has prevented wealth from reaching an affected country's population at large, and results ultimately in poverty and significant inequalities. (49)

II. THE KIMBERLEY PROCESS--HISTORY, KEY PLAYERS, HOW IT WORKS AND HOW IT IS ENFORCED

The Kimberley Process first took shape in May of 2000 when representatives from several African countries met in Kimberley, South Africa to "discuss ways to stop the trade in 'conflict diamonds' and ensure that diamond purchases were not financing violence by rebel movements and their allies seeking to undermine legitimate governments." (50) The United Nations General Assembly adopted a resolution for the creation of an international scheme for the certification of rough diamonds in January of 2001, by which they "welcom[e] with appreciation by the African diamond-producing countries to launch an inclusive consultation process of Governments, industry and civil society" and also "[u]rge[] all States to support efforts of the diamond producing, processing, exporting and importing countries and the diamond industry to find ways to break the link between conflict diamonds and armed conflict." (51) The KPCS was implemented in 2002 via the Interlaken Declaration and participants began following the KPCS in 2003. (52)

As of 2014, there are 54 "Participants" in the KPCS, representing 81 countries, since the European Union and its Member States collectively count as one participant. (53) Roughly 99.8% of the world's rough diamond exports come from Kimberley Process members. (54) "Applicants" are candidates for membership that have committed to joining the KPCS, but do not yet meet the membership requirements to become official members. (55) Membership in the Kimberley Process is not limited to state actors. (56) There are also groups labeled "observers" who provide assistance and expertise in monitoring the effectiveness of the KPCS. (57) Each year, a new Chair and Vice Chair are selected. In 2014, China serves as Chair and Angola as Vice Chair. (58)

Joining the...