Kimberley Process Research Articles

International trade in rough diamonds and the Kimberley Process Certification Scheme

In 2003, the Kimberley Process Certification Scheme (KPCS) went into force to stop the trade in those diamonds, directly linked to the fueling of armed conflict and activities of rebel movements, also known as conflict diamonds. This article gives empirical evidence on the impact of the KPCS on international trade in rough diamonds. We find that bilateral KPCS participation facilitates access to international markets for rough diamonds and increases trade values. The bilateral trade impact of the KPCS does not depend on the exporters’ economic development or market access. A more detailed analysis of exporters’ heterogeneity in trade values shows that unilaterally KPCS intensifies the trade impediments resulting from armed conflicts and, thereby, reduces the international trade in rough diamonds stemming from countries with ongoing internal conflicts. We further offer evidence that the KPCS-induced trade effects apply not only to exporter- or importer-hubs but equally to smaller trade partners. Our analysis gives insights into how agreements setting a particular standard may affect international trade patterns in conflict minerals.

The European Regulatory Approach on Supply Chain Responsibility

The article presents four categories of EU approaches on regulating supply chain responsibility. Sometimes, like in the case of the Kimberley process for conflict diamonds or with respect to illegally fished fishery products, the EU enacts restrictions or prohibitions that are specifically targeted at the import of foreign products. These import regimes are distinguished from marketing prohibitions for unethically produced goods. The prime examples are the European bans on cat and dog fur and seals products, as well as a possible future ban on goods made from forced labour. While these categories impose negative duties for EU importers and producers, the author also looks at EU regulations imposing positive obligations of EU companies. They may either be required to report about supply chain responsibility or need to entertain due diligence with respect to their import activities. For the latter category, the author discusses the EU regulations on tropical timber, conflict minerals, deforestation and general due diligence. Hoffmeister shows how these regimes fit into the normative framework of the European Union’s foreign policy objectives and argues that they are WTO compatible. He also provides a short comparative assessment about their effectiveness.

EXPLORING THE LESSONS OF THE KIMBERLEY PROCESS FOR CLIMATE CHANGE ACTION

There has been a great deal of academic discourse about policy and governance choices embedded in the UNFCCC-based regimes for Climate Change action, and they point to the inefficiency and ineffectiveness of such regimes, which is often attributed to the fact that they hinge on the political authority of State actors and lack meaningful enforcement mechanisms. Against this backdrop, this paper argues that an alternative regime may be needed; and that for an effective regulatory framework for Climate Change action to emerge there needs to be a regulatory imperativeness similar to that upon which the Kimberley Process was created, where Non-State Actors play a leadership role. It also argues that in addition to regulatory imperativeness, the making and enforcement of the Kimberley Process provides helpful lessons towards crafting a more effective Climate Change remedial regime.

Transnational law and the politics of conflict minerals regulation: construing the extractive industry as a ‘partner’ for peace

ABSTRACT This article considers the distributional effects of public and semi-private arrangements regulating extractive activities in conflict settings. The focus is on transnational legal interventions meant to improve how natural resources are ‘managed’ in fragile, war-torn, and post-conflict countries, namely the Kimberley Process Certification Scheme for Diamonds, the Extractive Industry Transparency Initiative, and the OECD Due Diligence Guidance on Responsible Supply Chain of Minerals. Drawing upon a variety of critical traditions, it elucidates the assumptions upon which dominant approaches to ‘conflict minerals’ are premised. In doing so, the article shows how these initiatives fail to challenge the structural and political economic conditions that cause the problems they are intended to address. Further, it argues that, by framing the extractive industry as a ‘partner’ for peace, these legal instruments contribute to the legitimising of its continued operation in post-conflict countries, thereby stabilising the prevailing global structures of power in natural resource governance.

Exploring the Lessons of the Kimberley Process for Climate Change Action

Exploring the Lessons of the Kimberley Process for Climate Change Action

The Different Initiatives on Due Diligence for Responsible Mineral Supply Chains from Conflict-Affected and High-Risk Areas: Are there More Effective Alternatives?

Minerals from conflict-affected and high-risk areas such as coltan, present in all the technological devices that we use on a daily basis, contribute to the exacerbation and escalation of armed conflicts, as well as to prolonging situations of human rights violations in numerous regions of the world and, specially, in Africa. To put an end to this problem, many states and international organizations, such as the United States, the Organization for Cooperation and Development in Europe or the European Union, have adopted different initiatives, all of them focused on the due diligence that agents that participate in the supply chain of all this series of conflict minerals must carry out. However, the fact that some of these initiatives are not even in force has not prevented the possibility of identifying limits that obstruct the achievement of its main objective: to break the link between the illegal exploitation of natural resources, the illicit trade of these resources, and the perpetuation of armed conflicts. In this way, it is worth asking if there are more effective viable alternatives to the existing initiatives, such as a certification system similar to the Kimberley Process Certification Scheme.

Diamond fingerprinting for source discrimination using laser ablation inductively coupled plasma mass spectrometry (LA-ICP-MS) and Fourier transform infrared spectrometry (FTIR)

The Kimberley Process Certification Scheme (KPCS) was established in 2000 as a means of controlling the flow of conflict diamonds, mostly, from the African continent. In 2013, the KPCS imposed an embargo on diamonds from the Central African Republic (CAR). Since then the embargo has been lifted in certain prefectures of the country, however, smuggling is suspected from non-compliant areas.Three parcels of diamonds suspected to have mining origins in the CAR, were analysed. These diamonds were investigated for their morphological and chemical characteristics, to establish a diamond fingerprint and to determine if these diamonds had the same fingerprint as previously analysed diamonds from CAR or the Democratic Republic of the Congo (DRC). The analyses of these diamonds were included in the already established diamond database of rough diamonds from the African continent.The morphological characteristics identified included the mass (ct), colour, surface coatings, dominant, secondary and tertiary form, shape, breakage, inclusions, abrasion and surface features that are specific to octahedral, dodecahedral and cubic shapes. The morphological characteristics determined from the diamonds revealed that morphology alone cannot be used as a discriminatory method for diamond fingerprinting.Fourier transform infrared spectroscopy (FTIR) identified the nitrogen concentration and aggregation state of that N. This allowed for the typing of the diamonds as Type I (containing N) and Type II (containing no measureable N). The concentration of N in the three parcels is less than 600 ppm. Further classification of Type I diamonds was performed according to the N aggregation state as single, double or four-fold. The vast majority of diamonds show a combination of nitrogen aggregation states while few were classified as Type II. Fourier transform IR showed no discernible trends between the current study and the established database.Laser ablation inductively coupled plasma mass spectrometry (LA-ICP-MS) was used as a means of determining the trace element concentrations of 69Ga, 88Sr, 89Y, 90Zr, 93Nb, 133Cs, 137Ba, 139La, 140Ce, 141Pr, 146Nd, 147Sm, 153Eu, 157Gd, 159Tb, 163Dy, 165Ho, 166Er, 169Tm, 172Yb, 175Lu, 178Hf, 181Ta, 232Th and 238U. Laser ablation ICP-MS determined that not all elements produce statistically viable data, however, the data could still be used to discern trace element differences and trends among the parcels. In the current set of diamonds, laser ablation ICP-MS data for parcels A and B showed an excellent agreement with each other as well as those from diamonds previously analysed from CAR. None of the three parcels showed any similarity to data from Bria River or the DRC. It is concluded that the diamonds from parcels A and B are very likely to have mining origins in the same area in the CAR, whereas parcel C is distinct and of possible mixed origin.

Diamonds Certify Themselves: Multivariate Statistical Provenance Analysis

The country or mine of origin is an important economic and societal issue inherent in the diamond industry. Consumers increasingly want to know the provenance of their diamonds to ensure their purchase does not support inhumane working conditions. Governments around the world reduce the flow of conflict diamonds via paper certificates through the Kimberley Process, a United Nations mandate. However, certificates can be subject to fraud and do not provide a failsafe solution to stopping the flow of illicit diamonds. A solution tied to the diamonds themselves that can withstand the cutting and manufacturing process is required. Here, we show that multivariate analysis of LIBS (laser-induced breakdown spectroscopy) diamond spectra predicts the mine of origin at greater than 95% accuracy, distinguishes between natural and synthetic stones, and distinguishes between synthetic stones manufactured in different laboratories by different methods. Two types of spectral features, elemental emission peaks and emission clusters from C-N and C-C molecules, are significant in the analysis, indicating that the provenance signal is contained in the carbon structure itself rather than in inclusions.

‘A Rough Trade’? Towards a More Sustainable Minerals Supply Chain

Target 16.6 of the 2015 Sustainable Development Goals (sdgs) seeks to create ‘effective, accountable and transparent institutions at all levels’ for the purpose of achieving sustainable development. Nevertheless, the inherent vagueness of the notions of transparency and accountability poses difficulties for achieving the target. This is why this article examines how these notions have been conceptualized in international legal discourse and applied in practice. It does so within the context of the trade in natural resources that finance armed conflict, which is considered detrimental to the development opportunities of developing countries. The article examines how two of the most important initiatives in this field, namely the Kimberley Process for the Certification of Rough Diamonds and the oecd Due Diligence Guidance for Responsible Supply Chains of Minerals from Conflict-affected and High-risk Areas, operationalize transparency and accountability. It posits that both initiatives fall short of establishing full accountability. However, notwithstanding their flaws and limitations, they make a valuable contribution to achieving target 16.6.

Blood diamonds: an analysis of the state of affairs and the effectiveness of the Kimberley Process

In an era when corporate responsibility and sustainability are gaining momentum, and growing access to information and communication has empowered consumers to make more socially responsible purchasing decisions, the diamond industry remains opaque. The Kimberley Process was established to monitor the rough diamond trade with the objective of stemming the flow of conflict diamonds. The definition of conflict diamonds, however, often excludes human rights abuses, which has led to mounting criticism. The purpose of this paper is to examine the prevalence, magnitude, and scope of ethical issues affecting sourcing conditions in the diamond industry. The research found that ethical issues were reported in the diamond industries of several African nations, with Angola topping the list. Child labour and slavery are the most prevalent human rights abuses. In 2017, one in five diamonds in terms of volume and one in ten diamonds in terms of value may have been produced under conditions that cannot be regarded as sustainable or ethical.

Blood diamonds: an analysis of the state of affairs and the effectiveness of the Kimberley Process

In an era when corporate responsibility and sustainability are gaining momentum, and growing access to information and communication has empowered consumers to make more socially responsible purchasing decisions, the diamond industry remains opaque. The Kimberley Process was established to monitor the rough diamond trade with the objective of stemming the flow of conflict diamonds. The definition of conflict diamonds, however, often excludes human rights abuses, which has led to mounting criticism. The purpose of this paper is to examine the prevalence, magnitude, and scope of ethical issues affecting sourcing conditions in the diamond industry. The research found that ethical issues were reported in the diamond industries of several African nations, with Angola topping the list. Child labour and slavery are the most prevalent human rights abuses. In 2017, one in five diamonds in terms of volume and one in ten diamonds in terms of value may have been produced under conditions that cannot be regarded as sustainable or ethical.

Addressing the human rights conduct of transnational corporations through international institutional bypasses

ABSTRACTCan different attempts by the international community to improve the human rights (HR) conduct of transnational corporations (TNCs) be characterised as international institutional bypasses (IIBs) of the global HR system? That HR system produced the highly controversial Norms on the Responsibilities of Transnational Corporations and Other Business Enterprises with Regard to Human Rights (Norms), and the United Nations (UN) Commission on HR lacked the institutional legitimacy to lead such radical reform. With the HR system deadlocked by controversy, pressure to address the negative HR dimensions of globalisation mounted and bypasses emerged for norm experimentation outside the system: the Kimberley Process for Conflict Diamonds (Kimberley Process), the UN Global Compact (UNGC), and the Guiding Principles on Business and HR (Guiding Principles). After UN reform, and after the bypasses had thoroughly explored non-legal means of addressing HR and business, the subject matter returned to the HR system and the HR Council.

Blood Economy: The Failure of the Developed World to End Conflict Minerals in the Congo

Conflict minerals have long been among the leading causes of violence in part of the Global South. For many years there was little attention to the issue despite an enormous dependence on conflict minerals by advanced and emerging economies. In recent years however it seems that countries of the Global North have finally begun to take notice. Despite this attention efforts rarely equal success and the attempts by the developed world to end or reduce the trade in conflict minerals are no exception. The Kimberley Process, arguably the most successful effort so far, has generally been decried as ineffective and unproductive by several NGOs and some governments. This paper examines the issue of conflict minerals, their relationship with war and violence, and their role in the global economy in order to explain the failure of the developed world to end the trade of conflict minerals. The paper seeks to understand the lack of international attention to some of the worst atrocities since the holocaust and explores recently attempted solutions and the obstacles therein. The Democratic Republic of the Congo is used as a case study as the Second Congo War and the continuing violence in the country illuminate the murky complexities of the conflict mineral trade, from raw minerals to finished products.

A Kimberley Process for Conflict Antiquities: Determing the Viability of a Cultural Property Certification Scheme

The trade in conflict antiquities — excavated and looted artefacts from conflict zones — is increasing due to the rising number of conflicts between states and rebel groups. Rebel groups loot conflict antiquities sell them for profit to fund their movements. Current legal and non-legal regulations fail to deter participants in the conflict antiquities market, namely looters, smugglers, dealers and auction houses. This is because regulations are reactive, localised to single states and unable to be easily applied during a conflict. The Kimberley Process Certification Scheme has been successfully used to regulate a similar illicit market — conflict diamonds. It does through a system of warranties certifying that each parcel of diamonds is free from conflict. To date, legal scholarship has recognised the similarities between conflict diamonds and conflict antiquities but has stopped short of analysing whether a certification scheme could similarly reduce the conflict antiquities market. This paper seeks to extend existing literature by undertaking this often absent analysis. It finds that a certification scheme is likely a workable solution for reducing the conflict antiquities market. Dealers and consumers may find such a database easy to use, incentivising participation. It may be an inexpensive solution for states and may help eliminate a form of rebel income. Finally, a certification scheme may better regulate the conflict antiquities market than alternative solutions.

The emergence of conflict-free, ethical, and Fair Trade mineral supply chain certification systems: A brief introduction

This introduction briefly examines the emerging field of ‘conflict-free’, ‘fair’, and ‘transparently sourced and traded’ minerals and the dynamics of their supply chains. Linking the growing prevalence of Corporate Social Responsibility norms in the global mining industry with increasing awareness of reputational risks associated with mineral extraction and trading that are associated with environmental impacts and armed conflict, the paper provides an overview of the Kimberley Process for rough diamonds and the various supply chain initiatives that it has inspired over the past 15 years. It distinguishes between conflict-free supply chains; efforts to embrace Fair Trade in artisanal mineral supply chains; and a third group of independently-organized interventions that lay claim to ‘ethical’ or ‘fair’ labels for often very specific instances. Finally, it provides a brief overview of the papers included in the Special Section.

A Rough Diamond: The Perils of the Kimberley Process

The purpose of this investigation is to determine the impact that the Kimberley Process has on diamond trade, diamond merchants, paramilitary groups, and governments throughout the world. The research question was whether the Kimberley Process is effective in combatting the sale of conflict diamonds in Africa. The investigation reached a conclusion that the Kimberley Process is an ineffective vehicle for the combat of the conflict diamond trade and that the existing process should be changed to provide greater enforcement and oversight. Suggestions are offered for improvements to the Kimberley Process Certification Scheme that would mitigate its shortcomings and ultimately regulate the mining and trade of conflict diamonds.

LANGKAH PENCEGAHAN KONFLIK BERSENJATA

Abstract Completion of the armed conflict in both the legal and political framework set in customary international law and the Hague Convention I of 1899 and 1907 on the peaceful resolution of disputes, as well as the Charter of the United Nations. Mechanisms for resolving armed conflicts as well as measures to prevent the emergence of armed conflict refers to the two methods of dispute resolution, the peaceful resolution of disputes and the settlement of disputes by force or violence. Patterns in the context of conflict resolution approach more focused on the efforts of early stage to prevent the emergence of armed-conflict. Such efforts can be done with diplomacy and political mediation efforts by involving the various parties that are considered to be actors of peace. While humanitarian law in the context of normative law enforcement efforts imprinted on the situation of the ongoing war, one of its forms through foreign intervention in the ongoing armed conflict itself. In the present context of the humanitarian intervention of humanitarian law known as the Responsibility to Protect (R to P). In addition through the UN mechanism for the continuous efforts of the international community to prevent the emergence of armed conflict also involving a number of other actors who can be considered a partner for peace. One of them involving specific groups that can be considered a party to break the chain of armed conflict itself. One of them is through the mechanism of the Kimberley Process.

LANGKAH PENCEGAHAN KONFLIK BERSENJATA

Abstract Completion of the armed conflict in both the legal and political framework set in customary international law and the Hague Convention I of 1899 and 1907 on the peaceful resolution of disputes, as well as the Charter of the United Nations. Mechanisms for resolving armed conflicts as well as measures to prevent the emergence of armed conflict refers to the two methods of dispute resolution, the peaceful resolution of disputes and the settlement of disputes by force or violence. Patterns in the context of conflict resolution approach more focused on the efforts of early stage to prevent the emergence of armed-conflict. Such efforts can be done with diplomacy and political mediation efforts by involving the various parties that are considered to be actors of peace. While humanitarian law in the context of normative law enforcement efforts imprinted on the situation of the ongoing war, one of its forms through foreign intervention in the ongoing armed conflict itself. In the present context of the humanitarian intervention of humanitarian law known as the Responsibility to Protect (R to P). In addition through the UN mechanism for the continuous efforts of the international community to prevent the emergence of armed conflict also involving a number of other actors who can be considered a partner for peace. One of them involving specific groups that can be considered a party to break the chain of armed conflict itself. One of them is through the mechanism of the Kimberley Process.

Ten Years On, the Kimberley Process Certification Scheme and Zimbabwe's Marange and 'Conflict Diamonds': Lessons to Be Learnt

Ten Years On, the Kimberley Process Certification Scheme and Zimbabwe's Marange and 'Conflict Diamonds': Lessons to Be Learnt

New Thinking on Transnational Corporations and Human Rights

Although Transnational Corporations (TNCs) enjoy rights alongside sovereign States, such as the right to arbitrate in international investment disputes, the idea of holding them to account for alleged human violations has been elusive. While there are renewed efforts at the UN Human Rights Council towards an international legally binding instrument aimed at holding TNCs accountable for violations of international human rights standards, this article explores and analyses the usefulness of a Multi-Stakeholder Initiative (MSI) approach in this process. Accordingly, it seeks to reformulate the debate on the accountability of TNCs by affirming a MSI engagement as a workable complementary process, which – although it is being downgraded in most literature on TNCs and human rights accountability – might nevertheless provide best possible outcomes for such a heated subject. Drawing on examples from the Kimberley Process and the global fight against conflict diamonds, it will be argued that despite that fact that MSIs are not an entire replacement of hard-law solutions to global regulatory challenges, they do in principle offer a legitimate and useful approach to the human rights accountability of TNCs.