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Memo

Conflict Diamonds: On the Brink of a New Definition?

November 20, 25 by John Jeffay

Haven't we been here before? The Kimberley Process on the brink of redefining conflict diamonds?

It's convening in Dubai as I write this, discussing exactly that.
 
"We are almost at the finish line," Feriel Zerouki, president of the World Diamond Council (WDC) proudly announced, at the close of the last KP intersessional in June.
 
"Let us stand together. Let us keep the momentum. Let us get this done."

But it's not the first time they've been on the brink.

In November 2022, her predecessor, Edward Asscher, told delegates in Gaborone that having spoken at length about the shortcomings of the existing definition, he believed failure to agree a new definition was "not an option".

In November 2019, Asscher's predecessor Stephane Fischler, said that after a three-year review and reform a redefinition was tantalizingly close.

It may have been tantalizingly close in 2019, but it wasn't close enough. Then and now, redefining what constitutes a conflict diamond requires across-the-board approval. Not a single dissenting voice.

You can see a pattern emerging here, close but no cigar. The definition of conflict diamonds - those used by rebel groups to finance armed conflict against legitimate governments - hasn't changed since KP was founded in 2003.

This, more than anything, has been a source of constant criticism. This, and the fact that only a unanimous vote can change that definition.

Global Witness, an international NGO that played a key role in establishing the KP, quit as an official observer back in December 2011, frustrated that the definition was too narrow to include a whole range of human rights abuses.
 
Human Rights Watch, another NGO, has voiced similar criticisms, as have Amnesty International, the Enough Project, and others.

Defining a conflict diamond defines the KP. Expanding that definition would expand its roles and responsibilities, notably among the million-plus artisanal miners, mostly in Africa, who account for around 15 per cent, by volume, of all rough diamonds.

It would, in all likelihood, also impact Russia, which has fiercely opposed any change.

It argues that broadening the scope to include abuses by state actors and government-linked entities would be to politicize the KP and to threaten Russia's economic interests.

Turkeys don't vote for Christmas. And Russia, almost three years into a war with Ukraine, is hardly likely to vote for an expanded definition that would leave it with next to no legitimate buyers for its diamonds.

The G7 and EU nations have sanctioned its goods. And still it sold almost $1.6bn of rough in the first half of this year.

Take away UAE, India, China (including Hong Kong), Israel, Armenia, and every other member of KP, accounting for 99 per cent of the global rough diamond production and trade, and you have something very close to zero in terms of legitimate trade partners.

Which brings us to this week's KP plenary, where the redefinition of conflict diamonds is item number one on the agenda. Again.

"We are at the line," Ms Zerouki said, as the plenary opened. "Let us have the courage and unity to cross it."

The word "Russia" was absent from her speech. Every other nation can vote in favor, but without Russia's agreement it ain't happening.

"Support this draft definition that shows real progress," she said.

"One that aligns with the OECD. A definition that reflects a meaningful expansion and the realities on the ground.

"Support a definition that expands the actors, expands the actions, and protects diamond communities. A definition that reflects the world as it is today, not the world as it was."

Noble words and noble sentiments. But the big Russian elephant is still in the room.

The precise wording of a proposed new definition is now being discussed and debated, behind closed doors.

"The expanded definition is being debated at plenary this week, and is confidential," a spokesman told us. "If the KP agrees to expand the definition it will be revealed on Friday."

That's tomorrow, Friday 21 November. Watch this space.

Have a fabulous weekend.

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