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THE KIMBERLEY PROCESS CERTIFICATION SCHEME (KPCS):
COMBATING CONFLICT DIAMONDS IN GLOBAL TRADE
Adolat Settiyeva Faxriddin qizi
Lecturer, Tashkent State University of Law.
Tashkent, Uzbekistan
Email: adolatsettiyeva@gmail.com
https://doi.org/10.5281/zenodo.16431856
Abstract
The Kimberley Process Certification Scheme (KPCS) represents one of the most
significant international initiatives aimed at eliminating conflict diamonds from the
global diamond trade. Established in 2003 based on United Nations General
Assembly Resolution 55/56, the KPCS fundamentally transformed the diamond
industry by implementing a comprehensive certification system designed to prevent
rough diamonds from financing armed conflicts against legitimate governments.
This article examines the history, structure, effectiveness, and ongoing challenges of
the Kimberley Process, analyzing its impact on global diamond trade and its role in
ensuring peace and security.
Keywords
: Kimberley Process, conflict diamonds, diamond certification, rough
diamonds, international trade regulation, peace and security, United Nations, World
Diamond Council, Global Witness, diamond industry regulation, natural resources
and conflicts
Historical Background and Development (Origins and Initial
Motivations).
In May 2000, several diamond-producing states of Southern Africa
met in Kimberley, South Africa, with industry stakeholders and diamond trade
experts to discuss ways to prevent trade in "conflict diamonds." The states aimed to
ensure that diamond revenues would not finance violent rebel movements seeking
to undermine legitimate governments. This meeting in Kimberley, South Africa,
which gave the process its name, represented the first coordinated international
effort to address the conflict diamond problem.
This issue was included in the agenda of the 55th session of the UN General
Assembly. Diamond-producing states concerned about the harmful social
consequences of "conflict diamonds" trade began to establish a framework to reduce
these impacts. The international community's response was swift and decisive, with
the United Nations General Assembly adopting a crucial resolution supporting an
international certification scheme for rough diamonds.
Formalization and Implementation.
In November 2002, after two years of
negotiations, the Kimberley Process Certification Scheme (KPCS) was launched and
signed by 37 countries in Interlaken, Switzerland. The KPCS came into force in 2003,
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when participating countries began implementing its rules. This rapid transition
from concept to implementation demonstrated the international community's
commitment to addressing the conflict diamond crisis.
Participant Scope.
Currently, it includes 60 participants representing 86
countries, with the European Union and its 27 member states counted as one
participant under the European Commission. Today, the Kimberley Process (KP)
comprises 60 participants representing 86 countries (with the European Union as a
single participant), accounting for more than 99% of global rough diamond
production and trade. This near-universal coverage is crucial for the scheme's
effectiveness, as it ensures that virtually all legitimate diamond production and trade
occurs within a regulated framework.
The KP operates under a unique tripartite structure, which includes:
Government Participants
: sovereign states and regional economic integration
organizations
Industry Observers
: primarily represented by the World Diamond
Council
Civil Society Observers
: various non-governmental organizations
Organizational Structure.
Leading and coordinating the KP, ensuring effective
implementation and preparation for leadership succession. Developing and
overseeing initiatives that support and enhance the KPCS, addressing challenges and
promoting ethical practices in the industry. The KP operates under a rotating
chairmanship system, where different participating countries take turns leading the
organization for one-year terms.
Other working groups include the Technical Working Group (or Diamond
Experts Working Group), which reports on implementation difficulties and proposes
solutions, and the Statistics Working Group, which provides diamond trade data.
These specialized working groups ensure continuous monitoring and improvement
of the technical and operational aspects of the certification scheme.
Core Requirements and Certification Process.
Scheme participants are
obligated to: meet "minimum requirements" and establish national legislation,
institutions, and import/export controls; adhere to transparent practices and
exchange vital statistical data; certify shipments as conflict-free.
The KPCS imposes several key obligations on participating countries:
Legislative Framework
: Participating states must implement strict legal and
regulatory standards to control the import and export of rough diamonds and
ensure compliance with KP requirements.
Transparency Obligations
: Participants
commit to transparent practices that are crucial for diamond supply chain integrity
through clear and timely statistical data exchange.
Restricted Trade
: Trade is
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permitted only among certified KP members who fully comply with these
international standards ensuring the legitimacy of diamond trade.
Certification Mechanism.
The KP certification scheme requires rough
diamonds to be shipped in tamper-resistant containers and exported with a
Kimberley Process Certificate certifying that the rough diamonds have not benefited
rebel movements. This certification system represents the practical core of the KPCS
and provides a paper trail tracking diamonds from mine to market.
All imported and exported rough diamonds must be accompanied by a valid
Kimberley Process certificate issued by the Kimberley Process authority in the
exporting country. The rough diamonds must be in a tamper-resistant container. The
requirement for tamper-resistant containers adds an additional layer of security to
the certification process.
Achievements and Impact.
The reduction of "conflict diamonds" from
approximately 15% of global diamond production in the 1990s to less than 1%
today. This dramatic reduction represents one of the most significant achievements
of the KPCS and demonstrates its effectiveness in achieving its primary objective.
With 59 participants, the KP is estimated to account for 99.8% of global rough
diamond production. This near-universal coverage ensures that the vast majority of
legitimate diamond trade occurs within a regulated framework, making it extremely
difficult for conflict diamonds to enter major markets through official channels.
Broader Impact on Peace and Security.
This process has not only
significantly reduced the number of conflict diamonds in the open market but also
helped economies thrive based on the trade of this mineral. By eliminating a primary
source of conflict financing, the KPCS has contributed to peace and stability in
regions previously affected by conflicts.
Some countries still heavily rely on diamond trade: for instance, in Botswana, it
generates more than half of government revenue and accounts for more than one in
twenty jobs. This scheme has enabled legitimate diamond-producing countries to
benefit from their natural resources without the threat of conflict diamonds
undermining market confidence.
Criticisms and Limitations.
Conflict diamonds are defined by the Kimberley
Process as "rough diamonds used by rebel movements to finance wars against
legitimate governments." This narrow definition means that the Kimberley Process
does not have the mandate to address broader human rights risks associated with
diamond trade. This limitation has been the subject of ongoing criticism from human
rights organizations.
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Organizations such as Human Rights Watch have noted that the Kimberley
Process is too narrow in scope and does not adequately serve to address other
human rights-related issues in the diamond production chain. Critics argue that
focusing only on rebel movements ignores other forms of violence and human rights
violations that may occur in diamond mining.
Implementation Challenges.
Throughout its brief history, it has consistently
faced implementation problems: the situation in the Central African Republic (CAR)
is the most recent example - despite an embargo on diamonds from CAR imposed in
2013, conflict diamonds from territories controlled by armed groups in the country
still reached international markets.
The biggest challenge proving the Kimberley Process's success is the difficulty
of tracking diamonds after they leave the mines. For example, when a KPCS diamond
is exported from its country to Belgium or Dubai, both major rough diamond trading
centers, it receives a KP certificate from the country of origin. This tracking problem
represents a fundamental weakness in the current system.
Civil Society Limitations.
The process's effectiveness has been questioned by
organizations such as Global Witness (withdrawn from the scheme on December 5,
2011) and IMPACT (withdrawn on December 14, 2017), as it failed to achieve its
objectives and does not guarantee that diamonds reaching markets are not conflict
diamonds.
After Global Witness withdrew from the process, it stated that despite all
available means, the scheme could not effectively address issues of non-compliance,
smuggling, money laundering, and human rights violations in the world's diamond
mines.
Limited Coverage.
Since the Kimberley Process only applies to rough
diamonds, once stones are cut and polished, they are no longer covered by the
scheme. The diamond trade has taken on the obligation to provide a system of
guarantees that can be meaningfully and independently verified, but has not yet
fulfilled this obligation. This limitation creates potential gaps in the system once
diamonds enter the cutting and polishing stage.
Technological Innovations.
The diamond industry has begun exploring
technological solutions to improve tracking, including blockchain technology and
advanced monitoring systems. These innovations could address the tracking
problems that have plagued the existing system.
Future Prospects and Recommendations.
It also led the team that developed
the long-awaited KP Secretariat, which was launched in Gaborone, Botswana, in
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2024. The establishment of a permanent secretariat is a significant institutional
development that could enhance the KP's operational effectiveness.
Enhanced Monitoring and Verification.
Future reforms should focus on
developing more robust monitoring and verification mechanisms, including:
Independent monitoring systems
Enhanced data collection and analysis
Stricter penalties for non-compliance
Improved coordination among participants
Broader Human Rights Integration.
They also discussed how issues such as
environmental protection and human rights can become part of the certification
scheme. The integration of broader human rights and environmental concerns into
the KPCS system represents a key direction for future development.
The Kimberley Process Certification Scheme represents a significant
achievement in international efforts to address the connection between natural
resources and conflicts. Current Kimberley Process chair Winston Chitando
expressed his perspective that the KP mechanisms "have been largely successful,"
while recognizing that a Review Committee would be valuable to confront the
challenges ahead.
While the KPCS has achieved its primary objective of dramatically reducing the
flow of conflict diamonds in global markets, significant challenges remain. The
narrow definition of conflict diamonds, implementation difficulties, and limited
scope in addressing broader human rights concerns underscore the need for
continued reform and adaptation.
The future effectiveness of the Kimberley Process will depend on its ability to
evolve and address these challenges while maintaining the broad international
consensus that has been its greatest strength. As the international community
continues to grapple with complex relationships between natural resources,
conflicts, and development, the KPCS provides both a model for success and lessons
about the limitations of narrow, technical approaches to complex political problems.
Ongoing discussions about reforms and establishing new institutional
mechanisms indicate that the Kimberley Process remains a dynamic and evolving
initiative. Its ultimate success will be measured not only by its ability to prevent
conflict diamonds from reaching global markets but also by its contribution to
broader goals of peace, human rights, and
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References:
1.
Brilliant Earth. "The Kimberley Process: How It Works and Its Impact on
Conflict Diamonds." Brilliant Earth, https://www.brilliantearth.com/en-
ca/news/kimberley-process-not-conflict-free/
2.
European Commission. "The Kimberley Process, the fight against 'conflict
diamonds'." Foreign Policy Instruments, https://fpi.ec.europa.eu/what-we-
do/kimberley-process-fight-against-conflict-diamonds_en
3.
Global
Witness.
"The
Kimberley
Process."
Global
Witness,
https://www.globalwitness.org/en/campaigns/conflict-diamonds/kimberley-
process/
4.
International Peace Institute. "The Kimberley Process to Eradicate Conflict
Diamonds: Twenty Years of Challenges and Achievements." IPI, March 30, 2023,
https://www.ipinst.org/2023/03/the-kimberley-process-to-eradicate-conflict-
diamonds-twenty-years-of-challenges-and-achievements
5.
Kimberley Process. "Ensuring Conflict-Free Diamonds Worldwide." Official
Website, https://www.kimberleyprocess.com/
6.
Kimberley Process. "What Is The Kimberley Process?" About KP,
https://www.kimberleyprocess.com/about/what-is-kp
7.
Natural Resources Canada. "Importing and exporting rough diamonds: The
Kimberley
Process."
Government
of
Canada,
https://natural-
resources.canada.ca/minerals-mining/services-mining-industry/importing-
exporting-rough-diamonds-kimberley-process
8.
Ouros Jewels. "Blood Diamonds: The Kimberley Process and Their
History."
Ouros
Jewels
Blog,
June
11,
2024,
https://ourosjewels.com/blogs/education/blood-diamonds-kimberley-process
9.
U.S. Census Bureau. "Census Bureau Key to Tracking Conflict Diamond
Data."
U.S.
Census
Bureau,
https://www.census.gov/library/stories/2018/05/diamonds-kimberley-
process.html
10.
U.S. Customs and Border Protection. "Kimberley Process Certification of
Diamonds."
CBP,
https://www.cbp.gov/trade/programs-
administration/kimberley-diamonds-process-certification
