Kimberley Process Civil Society Coalition

Without real, transformative change, KP reform cycle risks joining long list of missed opportunities

Civil society calls for the KP to prioritise genuine conflict prevention, transparency, and accountability in diamond supply chains.

The May 2024 intersessional meeting of the Kimberley Process was unique. For the first time in its history, the Kimberley Process invited local community representatives to testify about the impact of diamond mining on their lives during a side event. Even though some participants felt threatened by the truth in the room, this was a laudable initiative. The community representatives unveiled how current-day conflict is not only about rebels but also about broken promises for them. Forced relocation, poor living conditions, environmental degradation, violence against artisanal miners, etc. 

Many of the same challenges raised by these community representatives were re-echoed by the experts from the United Nations Working Group on Business and Human Rights and the Responsible Business Alliance who were all invited to the panel of experts to give insights into what current-day conflict looks like. Just like the local community representatives, the experts stressed the need for the Kimberley Process, if it is to be relevant today, to respond to human rights violations and environmental degradation, and to foster responsible sourcing and development of communities.

Having learnt from these testimonies, this plenary provides a crucial moment to further the ongoing reform agenda focusing on broadening the scope of the Kimberley Process.

Kimberley Process reform running in circles

We are now into the second year of another KP reform cycle, yet the challenges remain depressingly familiar. The Ad Hoc Committee on Review and Reform (AHCRR) and its various subgroups have been organizing many discussions, but we seem to be once again running in circles – the same circles for over 20 years now. The constant backsliding in the discussions on the expansion of the definition of conflict diamonds make the Civil Society Coalition increasingly skeptical that the ongoing review and reform exercise will, again, be anything more than lip service. 

We want to thank the Republic of Angola for hosting an in-person and virtual meeting of the Ad Hoc Committee on Review and Reform in Luanda from 17th to 18th October 2024. Yet, it is painful, frustrating, and beyond comprehension to witness how, after every small step forward, opponents of reform pull us back to square one. The route covered so far in these discussions, and the lack of any prospect at substantive outcomes, compel us to ask: is this reform cycle yet another box-ticking exercise, another year of empty promises, rather than the year of delivery? 

A reform cycle should be an opportunity to address critical issues associated with diamond mining, considering the various actors and their actions that contribute to violations of human rights, and the environmental and labour rights of local communities.

The KP’s Frame 7 Declaration on Principles of Responsible Diamond Sourcing, recognizes that addressing these issues is part of the KP’s mandate. 

To the Kimberley Process Participants, the message is simple: adopt a robust conflict diamond definition, accompanied by appropriate measures, that prioritize accountability and genuinely address the full spectrum of issues tied to diamond mining. As the KP keeps running in circles, we can only keep hitting the same nail—one that grows rustier and more difficult to repair with every missed opportunity: this is not a matter of choice or convenience, but a necessity for the KP to survive. Without real, transformative change, this reform cycle will simply join the long list of missed opportunities in KP’s history.

Transparency needed to prevent diamonds from fueling human rights abuses

Let us all be reminded that the G7 countries are acting independently to advance a traceability requirement in the sector spurred by the KP’s indifference and refusal to examine the ramifications of the Russian invasion of Ukraine. 

The Civil Society Coalition once again reiterates the fact that the Kimberley Process does not make an effort to reflect on current conflicts and violence. This undermines the credibility of the Kimberley Process and highlights its shortcomings. 

In the face of serious human rights violations and the escalation of violence in the Middle East and more specifically in Lebanon and Gaza, the Civil Society Coalition calls for increased vigilance within the diamond industry. The complexity and opacity of the diamond sector often make it challenging to fully trace revenue flows, but there is sufficient reason for concern to demand our urgent attention, particularly regarding Israel’s role in the diamond trade.

Israel is the world’s fourth-largest diamond hub, with exports of rough and polished diamonds amounting to 5.1 billion dollars in 2022. Given the potential for indirect support of military operations through tax revenue, as well as reports suggesting diamond industry contributions to organizations linked to national defense, there is a pressing need for increased transparency and traceability. 

To assure consumers that their purchases do not inadvertently contribute to conflict or human rights abuses, we must establish comprehensive oversight throughout the supply chain. Only then can the diamond industry uphold the integrity it promises and prevent the indirect support of violence through consumer spending.

With or without the KP, CAR needs dedicated efforts to fight insecurity, poverty and smuggling

As our civil society delegates were able to witness during the review mission to the Central African Republic, the poverty in this country’s diamond-mining areas is simply devastating. The reasons are surely diverse. It is a consequence of several years of violence, insecurity, and rampant smuggling by armed groups, criminal networks and mercenaries. Unfortunately, and contrary to what some may claim, this remains a reality in the Central African Republic today. 

The Kimberley Process embargo placed on the Central African Republic has failed to change these dynamics; to the contrary, the embargo has even reinforced them. Rather than providing security or stability, the embargo has fueled a vast black market that forms a hotbed for resource plundering for personal gain, money laundering, and the financing of crime, terrorism, and rebellion. This unregulated trade undermines stability and entrenches the very violence and poverty the Kimberley Process seeks to prevent. 

If the Kimberley Process cannot provide a better response to these ongoing challenges, then it would be better to simply lift the embargo. However, make no mistake, lifting the embargo will not automatically translate into prosperity and security for the Central African Republic or its diamond-affected communities. To improve conditions for local communities in the Central African Republic, we need to address the root causes of this devastation. This will require dedicated efforts:

  • To end impunity for those who profit from smuggling and exploit communities to launder vast sums through illegal trade.
  • Have a supportive policy and legal framework for artisanal and small-scale mining (ASM), backed by strong oversight and enforcement, so that legitimate, community-benefiting trade can flourish.
  • Engage in a genuine fight against corruption and fraud that will ensure that the benefits of CAR’s diamond resources reach the state and especially the communities, rather than lining the personal pockets of a few.

With or without the Kimberley Process, the Central African Republic needs a dedicated strategy and support to uphold justice, ensure accountability, and prioritize community welfare in CAR’s diamond sector.

Civil society, third pillar and watchdog of the KP

The Civil Society Coalition’s unique and indispensable role as part of the third pillar of the Kimberley Process guarantees it to act as the mechanism’s watchdog. However, some participants do not seem to understand or even appreciate our role,

I earlier applauded the fact that community representatives were able to share their experiences during the Panel of evidence side event during the intersessional in May 2024. Some of our members and community representatives faced unacceptable acts of intimidation, threats and victimization from some KP participants after the panel of evidence side event, for simply carrying out their assignments. 

We conveyed these concerns to the KP Chair’s office. The Civil Society Coalition is shocked by the threats and victimization faced by our coalition members and community representatives from Sierra Leone. The community representatives only simply brought a dedication to their work to spotlight human rights violations caused by mining companies. 

The Civil Society Coalition as the third pillar of the Kimberley Process simply demands respect from KP participants. 

Finally, we note that the Kimberley Process Secretariat is now functioning. We congratulate Mr. Tang, the Executive Secretary, and wish him luck as he fulfills the mandate for his new position. 

The Civil Society Coalition looks forward to constructive discussions throughout this week, ’and not’, sterile fights during this KP plenary in Dubai.

Jaff Bamenjo

KP CSC Coordinator

info@kpcivilsociety.org

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