Monitoring Marange: Meaningless Window Dressing

Some good and bad news can be reported on the progress made by the Kimberley Process Certification System (KPCS) to appoint a Monitor for the Marange diamond fields of Zimbabwe. The good news is that the KP is recommending a seasoned diplomat and experienced industry regulator for the job: the really amicable and respected Abbey Chikane. The bad news is that the mandate of the Monitor is so narrow that his presence will not make any difference – it is pure window dressing and it will not change anything on the ground.

The Monitor is bound by the Terms of References (ToR) set by last November’s Plenary KP meeting in Namibia. Witnessing human rights abuses, rapes, killings and military brutality in the mining areas doesn’t disqualify any diamond for certification. The Monitor’s presence will not prevent smuggling. He is there solely to confirm that the administrative procedures are followed correctly. To quote the official task description, “prior to each export, the KP Monitor will examine, at the request of the Zimbabwean Ministry of Mines, diamond shipments from any producing areas in the Marange diamond fields with a view to confirm whether they meet KPCS minimum requirements and confirm their certification for export.”

The Monitor has to be specifically invited by the Zimbabwe government any time that the government is ready. This is as ridiculous as it is unbelievable. His tasks “start” when “the Ministry of Mines of Zimbabwe will notify the KP Monitor via e-mail or fax, with a copy to the Chair of the Working Group on Monitoring, when a shipment for export from one or more of the producing areas in Marange is prepared and ready for certification. The KP Monitor will stand ready to visit Marange production sites and conduct certification under the supervised export mechanism at least once per month.”

Monitor will Rubber Stamp every Diamond Shipment

The devil is in the details. The Monitor does NOT have the option to declare that a shipment is not “fit” for export. He merely “needs to assess that an export shipment has been produced and prepared in accordance with KPCS minimum requirements. Then the KP Monitor will confirm the certification on the relevant KP Certificate with his signature and stamp, and will digitally photograph the certificate and shipment.”

So what happens if the administrative procedures were not followed? In that instance, “the KP Monitor will provide Zimbabwe’s Ministry of Mines a specific written indication as to the reason(s) for his objections, including any possible means of remediation. Any such export will be held until remedial action is completed, after which the KP Monitor will re-examine the export and, if fully KPCS compliant, certify the shipment and sign the KPCS.”

Thus each and every Marange stone will be exported with a KP certificate – the only thing that might delay this somewhat would be administrative or procedural errors that can be remedied.

Let there be no misunderstanding: killings, military brutality, police brutality, illegal diggings, child labor or rapes do not represent “procedural mistakes,” which would justify a delay of the KP certification. It isn’t the task of the Monitor to disqualify exports of diamonds mined by diggers suffering the gravest of human abuses.

Again, I emphasize that this exercise is pure window dressing. Another victory for Zimbabwe in its continued defiance of the international diamond community. Technically, they’ll be fully compliant.

We have said it before: Zimbabwe isn’t the problem –the Kimberley System itself has become dysfunctional and meaningless.

This is a joke that will not make anyone laugh – except, of course, Zimbabwe.