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Note: This document is from the archive of the Africa Policy E-Journal, published by the Africa Policy Information Center (APIC) from 1995 to 2001 and by Africa Action from 2001 to 2003. APIC was merged into Africa Action in 2001. Please note that many outdated links in this archived document may not work.


Africa: Conflict Diamonds, 1

Africa: Conflict Diamonds, 1
Date distributed (ymd): 011130
Document reposted by APIC

Africa Policy Electronic Distribution List: an information service provided by AFRICA ACTION (incorporating the Africa Policy Information Center, The Africa Fund, and the American Committee on Africa). Find more information for action for Africa at http://www.africapolicy.org

+++++++++++++++++++++Document Profile+++++++++++++++++++++

Region: Continent-Wide
Issue Areas: +economy/development+ +security/peace+

SUMMARY CONTENTS:

This week and last, in Gaborone and Washington, campaigners for tighter control over "conflict diamonds" gained ground with an agreement in the multilateral Kimberley Process, to be presented to the UN later this year, and with passage of the compromise Clean Diamonds Trade Act in the US House of Representatives. Activists stress, however, that there are still many gaps which can only be filled if there is strong government action over the next year.

This set of two postings contains a selection of relevant background documents and links. In this posting, reports and statements from the UN's Integrated Regional Information Network (IRIN), Physicians for Human Rights, the Fatal Transactions Campaign, and Partnership Africa Canada. Another posting today contains additional links on conflict diamonds, and an IRIN summary of the latest monitoring report on sanctions in Angola.

+++++++++++++++++end profile++++++++++++++++++++++++++++++

UN Integrated Regional Information Network (IRIN)

AFRICA: Tentative agreement reached to stop trade in "conflict diamonds"

IRIN-SA, Tel: +27 11 880-4633; Fax: +27 11 447-5472; Email: [email protected]

[This Item is Delivered to the "Africa-English" Service of the UN's IRIN humanitarian information unit, but may not necessarily reflect the views of the United Nations. For further information, contact e-mail: [email protected] or Web: http://www.irinnews.org . If you re-print, copy, archive or re-post this item, please retain this credit and disclaimer.]

JOHANNESBURG, 29 November (IRIN) - Delegates attending talks on "conflict diamond" in Gaborone, Botswana have reached a tentative agreement to help stem the trade in the illegal gems that are fuelling conflicts in countries like Angola, Sierra Leone and the Democratic Republic of Congo.

Alex Yearsley from the campaign group Global Witness who is attending the discussions told IRIN: "We have almost reached a final agreement, and we will be ready to present it to the United Nations in December for a resolution to be tabled in the General Assembly."

The UN has defined "conflict diamonds" as "diamonds that originate from areas controlled by forces or factions opposed to legitimate and internationally recognised governments, and are used to fund military action in opposition to those governments".

Yearsley said that although Global Witness was not "fully satisfied" with the agreement, the organisation was however "greatly encouraged". He said that issues surrounding the monitoring and evaluation of a certification scheme still needed to be "worked on".

"There are also still some issues surrounding WTO (World Trade Organisation) compatibility as some countries are not completely happy with this part of the agreement," Yearsley said.

Diplomatic sources told IRIN that it was important to recognise the progress that had been made in the last 18 months. "The terrain that has been covered is impressive," one western diplomat said.

The Gaborone meeting is part of the Kimberley Process aimed at developing a system to prevent conflict diamonds from making their way on to the open market.

Meanwhile, news reports said that the US Congress had on Wednesday approved a bill to prevent the sale of conflict diamonds. Reports said that a companion bill has been introduced in the Senate and was also expected to pass.

Under the bill, the US president would have the authority to sanction countries that refused to adopt a system for tracking diamonds to ensure they were from legitimate sources. The legislation effectively makes the United States the first country to regulate the diamond industry.

Reports said that once enacted the law would go into affect immediately and included an estimated US $10 million over two years to help poor countries set up certification systems.


Statement of Physicians for Human Rights
on Conflict Diamonds Legislation

November 26, 2001

http://www.phrusa.org

The Clean Diamonds Trade Act that is expected to be passed by the House of Representatives this evening is a compromise negotiated between Congress and the executive branch. Physicians for Human Rights, while noting that this measure is considerably weaker than the bill HR2722 that our organization has endorsed, welcomes the passage of this legislation as a bridge to the enactment of diamond control regimen negotiated by the Kimberley Process. Once this legislation is enacted into law, the United States can proudly claim to be the first country in the world to have put in place diamond import controls that are linked to an international regimen to exclude conflict diamonds from the legitimate trade. Physicians for Human Rights appreciates the diligence and commitment of the bill's chief sponsors, Rep. Tony Hall, Rep. Frank Wolf, Rep. Amo Houghton, Rep. Charley Rangel, and Rep. Cynthia McKinney, and expresses its thanks as well to the Republican and Democratic leadership of the House of Representatives for bringing this measure to the floor before adjournment. ...

The United States is legally bound to implement UN Security Council Resolutions that prohibit the importation of diamonds from rebel-controlled Sierra Leone, rebel-controlled Angola, and Liberia. But such international embargoes are impossible to implement absent a coordinated international control regimen. The Kimberley system of rough diamond controls that is in its final stages of negotiations is a system whereby countries agree to adopt standardized packaging and import/export controls on diamonds, and agree only to trade with countries that have themselves adopted the standardized controls. This clean and closed trading system is the only way that blood diamonds can be squeezed out of the legitimate trade.

The compromise Clean Diamonds Trade Act that is expected to be enacted this evening contains a number of welcome features that will help push the Kimberley Process to completion and encourage the United States and other governments to put in place its requirements at the earliest possible date. In this regard we note that the new bill includes a large degree of presidential discretion. It is our hope and expectation that the Congress's interest in stopping the flow of blood diamonds to the United States will be matched by the Bush Administration. The waiver and exclusion authority contained in the bill are meant to protect the United States against challenges at the WTO, not to provide a safe harbor for conflict diamonds.

Africans have long been at risk from conflict diamonds. Now that the linkage between blood diamonds and bin Laden has been exposed, Americans are also at risk. With the passage of HR2722 the Bush Administration will have the tools in hand to take strong action at home and support a strong international regimen to end the trade in conflict diamonds.


PRESS RELEASE

22 November 2001

World-wide diamond certificate out of reach .... governments should practice what they preach.

Fatal Transactions, c/o NIZA, PO Box 10707, 1001 ES Amsterdam The Netherlands, phone: +31-20-520.6210; fax: +31-20-520.6249; email: [email protected]; http://www.niza.nl/fataltransactions

Fatal Transactions consists of five non-profit organisations: Global Witness in the UK, Medico in Germany, Intermon in Spain, and Novib and NiZA in the Netherlands.

The establishment of a world-wide agreement against conflict diamonds is in serious need of some cardiac massage, concludes the Fatal Transaction campaign against conflict diamonds. Ministers of diamond producing and importing countries and the European Commission were supposed to ratify an agreement on certification of diamonds, on November 29 2001 in Gaborone, the capital of Botswana. But the latest situation suggests that hardly any ministers will be present. For two years negotiations have been taken place between governments, the diamond industry and NGOs to stop the fuelling of armed conflict through sale of blood diamonds. Now that the end is in sight various governments are watering down the agreement, which is now simply a list of recommendations. Although there is a broad consensus to stop the trade in conflict diamonds, governments prepare for some last minute opt-outs.

'Governments should practice what they preach and not leave the responsibility to stop armed conflicts with diamond jewellery buying consumers' says Judith Sargentini, co-ordinator of the Fatal Transaction campaign against conflict diamonds. The terrorist attacks on New York have shown that the world is small, but Africa is still too far away for western countries to reach out. NGOs demand that governments set aside their differences, demonstrate their solidarity with the people in Angola, DRC and Sierra Leone and agree in Gaborone to a world-wide certifications scheme of diamonds.

The governments taking part in this so-called Kimberley Process will again send their diplomats for a new game of scrabble, but ministers will not fly in when the outcome is not of substance. This game can go on for years, to the cost of thousands of innocent Africans. The European Commission, that planned to send Commissioner Lamy or Patten, will keep its hotshots on ice and will await the outcome of the two days negotiations. It is vital that the USA government reviews its problems with the issuing of re-export certificates of unpolished diamonds leaving the USA, as well as with the cost and the paperwork for an international secretariat monitoring the implementation of such regulations.

The General Assembly of the UN, 56th session, taking place in December, awaits a proposal for world wide certification scheme for diamonds. Chances are that the meeting will end up where it started: everyone seeing the need to stop civil wars and armed conflicts in Angola, Congo and Sierra Leone, but exporting and importing countries being afraid of their market position, leaving the African people to suffer.


Other Facets News and Views on the International Effort to End Conflict Diamonds

Number 3 October 2001

[Other Facets, a periodic newsletter about the international effort to end diamond-related conflict, is a joint publication of Partnership Africa Canada (Ottawa), the International Peace Information Service (Antwerp) and the Network Movement for Justice and Development (Freetown). Views expressed in Other Facets are those of the authors and editorial staff alone.

For more information: Partnership Africa Canada, 323 Chapel St., Ottawa, Ontario, K1N 7Z2, Canada;
e-mail: [email protected],
http://www.partnershipafricacanada.org

CONFLICT DIAMONDS ARE FOREVER?

Major NGO Disappointment with Kimberley Process 'Clearer than Seals and the Fur Trade'

Representatives of 32 governments, along with industry and NGO representatives, met in London during the week of September 10 to continue discussions on a global certification scheme for rough diamonds. This was the eighth meeting in the 'Kimberley Process', which began 16 months earlier at the initiative of the Government of South Africa. According to the final communiqu�, the London meeting successfully reached agreement in principle on a wide range of contentious issues: the creation of an international data base on production and trade in rough diamonds; effective enforcement of the provisions of the certification scheme, including credible monitoring and oversight; industry self-regulation; information sharing, and a wide range of other issues long debated by those demanding an end to conflict diamonds.

'What was actually agreed at the London meeting, however, is slightly different,' says Ian Smillie, Research Coordinator for Partnership Africa Canada. 'There was general agreement on the need for re-export certificates, for independent international monitoring of national control mechanisms, and for an international data base. This seems like a step forward, but apart from "agreement in principle" on these topics and most others, there was lengthy debate about virtually every detail. In the end, there were actually more words, phrases and sentences left in brackets than before the meeting. In fact a lot of what was agreed in principle was agreed in principle more than a year ago, and was debated all over again in London.'

More than 180 NGOs in 40 countries, led by the London-based ActionAid, signed a petition in advance of the meeting saying that self-regulation of the proposed certification system would not be credible or acceptable. All references to external monitoring of national systems and the proposed industry chain of warranties, however, were either bracketed or removed from the negotiating text. 'Everyone in this process submitted their views, in writing, before the London meeting,' says Smillie. 'We then debated much of the proposed document in plenary, we broke into groups to consolidate the discussions, and then we went back into plenary where it was all opened up again. It is now proposed that we go through exactly the same process for the next meeting in Luanda at the end of October.'

Several key issues were not discussed at the meeting, including the authority under which a certification scheme would operate. In addition, the EU raised an unexpected obstacle on the last afternoon of the meeting, saying that national controls in and between EU member states would violate EU legislation on open borders. 'There are many government officials and industry representatives working in good faith at these meetings,' says Smillie, 'but for others, the Kimberley Process is a series of dry abstractions, to be addressed with no sense of urgency or compassion. They do not seem to appreciate that we are dealing with the lives of innocent people in Africa, and in so doing, we may actually save an industry that has been invaded by thieves, warlords and killers.

'I say may,' Smillie continued, 'because you have to remember that for those NGOs in search of an issue, diamonds are almost heaven-sent. Their connection to three brutal wars is clear. The industry, dominated by one big company, is not regulated in any meaningful way. It epitomizes the globalization problem that has so exercised young people on the streets of Seattle, Prague and Genoa. It is a much clearer issue than seals and the fur trade.'

The Kimberley Process was mandated by the United Nations General Assembly to develop a 'simple and workable' international certification system for rough diamonds, creating minimum standards for producing, exporting and importing states, including transparent measures for ensuring compliance. Two further meetings will be held before the participants in the process are expected to report back to the General Assembly in December.

Destabilizing Guinea:
Report Connects Taylor, Cross Border Attacks and Diamonds

A new report, published in October by the Diamonds and Human Security Project, makes a direct link between murderous cross-border attacks into Guinea in 2000 and 2001 by Sierra Leone's Revolutionary United Front, and Liberian President Charles Taylor's expansionist economic ambitions. The report, entitled 'Destabilizing Guinea: Diamonds, Charles Taylor and the Potential for Wider Humanitarian Catastrophe' was written by Lansana Gberie, Project Research Associate, after two trips to Guinea earlier this year. The report traces the development of Guinea's diamond industry from the first discoveries in the 1930s to the development of an export certification scheme earlier this year. It focuses, however, on the reasons behind the devastating RUF attacks into Guinea's forest region, which resulted in major loss of life and human dislocation, and serious damage to the region's infrastructure. The author says that Guinea's conflict, like the apparently waning conflict in Sierra Leone, is largely over resources - a rapacious and mercenary campaign for wealth. Because of their small size and high value, diamonds figured prominently in RUF thinking, and that of their Liberian mentors. They had hoped for a repeat of what they had accomplished earlier in Sierra Leone. This reality has been largely overlooked by analysts because, unlike the case in Sierra Leone, diamonds have historically not been a major factor in either the Guinean economy or Guinean politics. Guinean diamonds, however, are real, and they are a significant magnet for others.

The report is available on the website of Partnership Africa Canada: http://www.partnershipafricacanada.org (click on resources and follow the links). Hard copies may be ordered for US$5.00 from Partnership Africa Canada, 323 Chapel St., Ottawa, Ontario, K1N 7Z2, Canada. Discount available for bulk orders.


This material is being reposted for wider distribution by Africa Action (incorporating the Africa Policy Information Center, The Africa Fund, and the American Committee on Africa). Africa Action's information services provide accessible information and analysis in order to promote U.S. and international policies toward Africa that advance economic, political and social justice and the full spectrum of human rights.

URL for this file: http://www.africafocus.org/docs01/dia0111a.php