Editing Kimberley Process Certification Scheme

{{Short description|Process to certify the origin of rough diamonds}}
[[File:Webysther 20160107 - Kimberley Process and List of ongoing conflicts in Africa.svg|thumb|upright=1.5|
{{legend|#C6DEBD|Countries who are participants and official applicants}}
{{legend|#49C946|Participant ongoing conflict}}
{{legend|#346733|Official applicants ongoing conflict}}
{{legend|#335033|Ongoing [[List of conflicts in Africa|conflicts in Africa]]}}]]
The '''Kimberley Process Certification Scheme''' ('''KPCS''') is the process established in 2003 to prevent "[[conflict diamond]]s" from entering the mainstream rough [[diamond]] market by [[United Nations General Assembly resolution|United Nations General Assembly Resolution]] 55/56 following recommendations in the [[Fowler Report]]. The process was set up "to ensure that diamond purchases were not financing violence by rebel movements and their allies seeking to undermine legitimate governments".<ref>{{cite web|url=http://www.kimberleyprocess.com/en/about |title=Official Kimberley Process Website|website=Kimberleyprocess.com|access-date=2016-01-02}}</ref>

The effectiveness of the process has been brought into question by organizations such as [[Global Witness]] (pulled out of the scheme on 5 December 2011) and [[Partnership Africa Canada|IMPACT]] (pulled out on 14 December 2017), claiming it has failed in its purpose and does not provide markets with assurance that the diamonds are not [[conflict diamonds]].<ref>{{cite web|url=http://www.globalwitness.org/library/why-we-are-leaving-kimberley-process-message-global-witness-founding-director-charmian-gooch|title=Why we are leaving the Kimberley Process – A message from Global Witness Founding Director Charmian Gooch|publisher=[[Global Witness]]|date=2011-12-05|access-date=2011-12-06}}</ref><ref name=impact>{{cite web|url=https://www.kimberleyprocess.com/en/2017-plenary-statement-impact|title=2017 Plenary – Statement of IMPACT|date=December 14, 2017|publisher=Kimberley Process Certification Scheme|access-date=January 12, 2019}}</ref><ref name=ft2018>{{cite web|url=https://www.ft.com/content/76019f26-01f5-11e8-9e12-af73e8db3c71|title=Ethical concerns grow over Kimberley Process diamond charter|last=Sanderson|first=Henry|date=March 22, 2018|newspaper=[[Financial Times]]|access-date=January 12, 2019}}</ref><ref name=reuters2018>{{cite web|url=https://af.reuters.com/article/investingNews/idAFKBN1JE170-OZABS|archive-url=https://web.archive.org/web/20180625052350/https://af.reuters.com/article/investingNews/idAFKBN1JE170-OZABS|url-status=dead|archive-date=June 25, 2018|title=CAR struggling to resume diamond exports, tax revenue lags|last=Lewis|first=Barbara|date=June 18, 2018|publisher=[[Reuters]]|access-date=January 12, 2019}}</ref>

Organizations such as [[Human Rights Watch]] have also argued that the Kimberley Process is too narrow in scope and does not adequately serve to eliminate other human rights concerns from the diamond production chain.<ref name="hrw.org">{{Cite web|url=https://www.hrw.org/news/2016/06/06/human-rights-watch-statement-kimberley-process|title=Human Rights Watch Statement on the Kimberley Process|date=2016-06-06|website=Human Rights Watch|language=en|access-date=2019-09-28}}</ref>

In 2022, members debated whether Russian diamonds were conflict diamonds.<ref>https://www.africaintelligence.com/southern-africa-and-islands/2022/10/31/kimberley-process-set-for-stormy-session-in-gaborone,109839868-art</ref>

Administration and funding of the KPCS has been an ongoing question. Until 2011, there was no formal funding mechanism for KPCS administrative expenses, with some expenses borne by member countries and others borne by the country holding the chair position in a given year. In 2011, the KPCS Administrative Support Mechanism was approved to handle administrative tasks, supported by four industry organizations. In 2022, members voted to make Botswana the host of the Permanent Secretariat for KPCS, with costs shared  by Botswana, as well as the World Diamond Council and KPCS member countries.<ref>https://www.worlddiamondcouncil.org/digging-down-into-the-kimberley-process-kp-permanent-secretariat/</ref>

==History==
[[File:Childrenmining 300.jpg|thumb|A man and two children sifting for diamonds in [[Sierra Leone]] in 2004.]]

The [[United Nations]] imposed sanctions against [[UNITA]] in 1998 through [[United Nations Security Council Resolution 1173]], however investigators led by [[Robert Fowler (diplomat)|Robert Fowler]] presented the [[Fowler Report]] to the UN in March 2000, which detailed how the movement was able to continue financing its war efforts through the sale of diamonds on the international market.<ref>{{cite web|url=http://www.globalpolicy.org/component/content/article/202/41606.html|title=Final Report of the UN Panel of Experts (The "Fowler Report)|publisher=Global Policy Forum|date=2000-03-10|access-date=2010-03-20|author=Robert Fowler|author-link=Robert Fowler (diplomat)}}</ref> The UN wished to clamp down on this sanctions-breaking trade, but had limited powers of enforcement; the Fowler report therefore set out to name the countries, companies, government and individuals involved.<ref>{{cite web|url=http://www.globalpolicy.org/security-council/index-of-countries-on-the-security-council-agenda/angola.html|title=Sanctions in Angola|publisher=Global Policy Forum|access-date=2010-03-21}}</ref><ref>{{ UN document |docid=S-PV-3891 |body=Security Council |type=Verbotim Report |meeting=3891 |page=4 |anchor=pg004-bk02-pa07 |date=12 June 1998 |speakername=Mr. Amorim | speakernation=Brazil |accessdate=2008-08-28 }}</ref> This led to a meeting of diamond-producing and trading states from around the world in [[Kimberley, Northern Cape]] in May 2000.<ref name=cnn2010>{{cite web|url=http://edition.cnn.com/2010/WORLD/africa/08/05/conflict.diamonds.taylor.explainer/index.html|title=Q&A: Africa's 'blood' diamond shame|last=Armstrong|first=Paul|date=August 6, 2010|publisher=[[CNN International]]|access-date=January 12, 2019}}</ref><ref name=dpa>{{cite web|url=http://www.diamondspeacearmy.com/blood-conflict-diamonds/|title=Dangerous Diamonds Warning!|last=Berg|first=Goya|date=December 31, 2018|website=diamondspeacearmy.com|access-date=January 12, 2019}}</ref> A culminating ministerial meeting followed during September in [[Pretoria]], from which the KPCS originated.<ref>{{ UN document |docid=A-55-PV.79 |body=General Assembly |type=Verbotim Report |session=55 |meeting=79 |page=2 |anchor=pg002-bk01-pa09 |date=1 December 2000 |speakername=Mr. Holbrooke | speakernation=United States |accessdate=2008-08-28 }}</ref>

In December 2000, the [[United Nations General Assembly]] adopted Resolution A/RES/55/56, supporting the creation of an international certification scheme for rough diamonds,<ref name="UN_ARES5556">{{UN document |docid=A-RES-55-56 |type=Resolution |body=General Assembly |session=55 |resolution_number=56 |accessdate=2008-08-28|title=The role of diamonds in fuelling conflict: breaking the link between the illicit transaction of rough diamonds and armed conflict as a contribution to prevention and settlement of conflicts|date=1 December 2000}}</ref> and this was followed by support from the [[United Nations Security Council]] in its [[United Nations Security Council Resolution 1459|Resolution 1459]] passed in January 2003. Every year since, the General Assembly has renewed its support for the KP – most recently in March 2018.<ref>{{UN document|docid=GA/12002|type=Meeting|body=General Assembly |session= |resolution_number= |url=https://www.un.org/press/en/2018/ga12002.doc.htm|title=General Assembly Adopts Resolution Seeking Alignment of Efforts to End Illicit Diamond Trade, Achieve 2030 Agenda for Sustainable Development|date=March 7, 2018|accessdate=January 12, 2019}} {{Dead link|date=October 2019}}</ref>

In order for a country to be a participant, it must ensure that any diamond originating from the country does not finance a rebel group or other entity seeking to overthrow a UN-recognized government, that every diamond export be accompanied by a Kimberley Process certificate and that no diamond is imported from, or exported to, a non-member of the scheme.<ref>{{cite web|url=https://www.forbes.com/sites/pamelaambler/2017/09/10/how-blockchain-is-fixing-the-diamond-industrys-rampant-ethical-issues/|title=Diamonds Are The Latest Industry To Benefit From Blockchain Technology|last=Ambler|first=Pamela|date=September 10, 2017|work=[[Forbes]]|access-date=January 12, 2019}}</ref> This three-step plan is a simple description of the steps taken to ensure a chain of countries that deal exclusively with non-conflict diamonds. By restricting diamond revenues to government-approved sources, the Kimberley Process is neutral towards different governments.

===World Diamond Council involvement===
{{See also|World Diamond Council}}
The [[World Diamond Council]] is an [[industry trade group]] representing the diamond supply chain including representatives from [[diamond]] mining, manufacturing, trading and retail. It was established in response to concerns about [[blood diamond]]s. It was established in July 2000 in Antwerp, Belgium after a joint meeting of the [[World Federation of Diamond Bourses]], representing all the world's significant diamond trading centres, and the International Diamond Manufacturers Association, representing significant manufacturers. Its stated purpose is "to represent the diamond industry in the
development and implementation of regulatory and voluntary systems to control the trade in diamonds embargoed by the United Nations or covered by the KPCS."<ref>https://www.worlddiamondcouncil.org/wp-content/uploads/2021/12/WDC-2014-KP-Annual-Report-.pdf</ref><ref name="Conflict Diamonds">{{cite book | title=Conflict Diamonds: Hearing Before the Subcommittee on Trade of the Committee on Ways and Means, House of Representatives, One Hundred Seventh Congress, First Session, October 10, 2001 | publisher=U.S. Government Printing Office | year=2001 | isbn=978-0-16-066633-9 | url=https://books.google.com/books?id=UmUkGQskbL8C | access-date=2022-09-09 | page=}}</ref><ref name="Malone Malone 2004 p. 198">{{cite book | last=Malone | first=D. | last2=Malone | first2=R.D.M. | title=The UN Security Council: From the Cold War to the 21st Century | publisher=Lynne Rienner | series=Project of the International Peace Academy | year=2004 | isbn=978-1-58826-240-0 | url=https://books.google.com/books?id=iww8h3E8MBMC&pg=PA198 | access-date=2022-09-09 | page=198}}</ref><ref name="Bieri 2016 p. ">{{cite book | last=Bieri | first=F. | title=From Blood Diamonds to the Kimberley Process: How NGOs Cleaned Up the Global Diamond Industry | publisher=Taylor & Francis | year=2016 | isbn=978-1-317-13249-3 | url=https://books.google.com/books?id=u3gGDAAAQBAJ | access-date=2022-09-09 | page=64}}</ref>

By November 2002, negotiations between governments, the international diamond industry and civil society organisations resulted in the creation of the KPCS. The KPCS document set out the requirements for controlling rough diamond production and trade.

The KPCS is credited as being instrumental toward dramatically reducing “conflict diamonds” to less than 1% of the world's diamond production today.<ref name="Hall Wyatt South Nurse 2016 p. 70">{{cite book | last=Hall | first=M. | last2=Wyatt | first2=T. | last3=South | first3=N. | last4=Nurse | first4=A. | last5=Potter | first5=G. | last6=Maher | first6=J. | title=Greening Criminology in the 21st Century: Contemporary debates and future directions in the study of environmental harm | publisher=Taylor & Francis | series=Green Criminology | year=2016 | isbn=978-1-317-12451-1 | url=https://books.google.com/books?id=9UMlDwAAQBAJ&pg=PA70 | access-date=2022-09-09 | page=70}}</ref>

The World Diamond Council has representation on all the Kimberley Process's [[working groups]] and is influential in determining its implementation and future reform.<ref name="Grynberg Mbayi 2015">{{cite book | last=Grynberg | first=R. | last2=Mbayi | first2=L. | title=The Global Diamond Industry: Economics and Development Volume II | publisher=Palgrave Macmillan UK | issue=v. 2 | year=2015 | isbn=978-1-137-53761-4 | url=https://books.google.com/books?id=o6CkCgAAQBAJ | access-date=2022-09-09 | page=}}</ref>

==Compliance==

===System of warranties===
The [[World Diamond Council]] created a System of Warranties for diamonds that has been endorsed by all KPCS participants. Under this system, all buyers and sellers of both rough and polished diamonds must make the following affirmative statement on all invoices:

{{blockquote|"The diamonds herein invoiced have been purchased from legitimate sources not involved in funding conflict and in compliance with United Nations resolutions. The seller hereby guarantees that these diamonds are conflict free, based on personal knowledge and/or written guarantees provided by the supplier of these diamonds."}}

It is considered a violation of the KPCS to issue a warranty declaration on a sales invoice unless it can be corroborated by warranty invoices received for purchases.  Each company trading in diamonds must also keep records of the warranty invoices received and the warranty invoices issued when buying or selling diamonds. This flow of warranties in and out must be audited and reconciled on an annual basis by the company's auditors.

In addition, the diamond industry organizations and their members have adopted the following principles of self-regulation:
* to trade only with companies that include warranty declarations on their invoices;
* to not buy diamonds from suspect sources or unknown suppliers, or which originate in countries that have not implemented the Kimberley Process Certification Scheme;
* to not buy diamonds from any sources that, after a legally binding due process system, have been found to have violated government regulations restricting the trade in conflict diamonds;
* to not buy diamonds in or from any region that is subject to an advisory by a governmental authority indicating that conflict diamonds are emanating from or available for sale in such region, unless diamonds have been exported from such region in compliance with the Kimberley Process Certification Scheme;
* to not knowingly buy or sell or assist others to buy or sell conflict diamonds;
* to ensure that all company employees that buy or sell diamonds within the diamond trade are well informed regarding trade resolutions and government regulations restricting the trade in conflict diamonds.

Failure to abide by these principles exposes the member to expulsion from industry organizations.

==Working procedure==
The working procedure of the KPCS is done by the chair, elected on an annual basis at a plenary meeting. A working group on monitoring, works to ensure that each participant is implementing the scheme correctly. The working group reports to the chair. Other working groups include the technical working group (or working group of diamond experts) which reports on difficulties in implementation and proposes solutions, and the statistics working group, which reports diamond trading data.

While the process has been broadly welcomed by groups aiming to improve human rights in countries previously affected by conflict diamonds, such as [[Angola]], some say it does not go far enough. For instance, [[Amnesty International]] says "[We] welcome the Kimberley Process as an important step to dealing with the problem of conflict diamonds. But until the diamond trade is subject to mandatory, impartial monitoring, there is still no effective guarantee that all conflict diamonds will be identified and removed from the market." Canadian aid group One Sky (funded in part by the Canadian government) concurs with Amnesty's view saying "If effectively implemented, the Kimberley Process will ensure that diamonds cannot be used to finance war and atrocities... However, without a system of expert, independent and periodic reviews of all countries, the overall process remains open to abuse."  Fatal Transactions campaign's (started in 1998) founder Anne Jung in 2008 criticized KPCS for not being a legally binding agreement and suggested a revision of the scheme.<ref>{{cite web|url=https://www.medico.de/fileadmin/_migrated_/document_media/1/input-referat-10-years-of-fatal-transactions.pdf|title=Input: 10 Years of Transactions|last=Jung|first=Anne|year=2008|publisher=[[Medico International]]|access-date=January 12, 2019}}</ref>

Another form of criticism by the African Diamond Council (ADC) is whether the Kimberley Process is realistically enforceable. There are many factors that can jeopardize the "Officialdom of certificates and paperwork"<ref>{{cite web|url=http://news.nationalgeographic.com/news/2003/02/0212_030212_diamonds.html|archive-url=https://web.archive.org/web/20030213193429/http://news.nationalgeographic.com/news/2003/02/0212_030212_diamonds.html|url-status=dead|archive-date=February 13, 2003|title=Reporter Discusses Dark Side of Diamonds|work=[[National Geographic]]|access-date=2015-03-10}}</ref><ref>{{cite web|url=http://www.ruby-sapphire.com/kimberley_process.htm|title=Kimberley Process – Appeasement in the Diamond Trade|author=Richard Hughes|work=ruby-Sapphire.com|access-date=2015-03-10|archive-date=2015-02-11|archive-url=https://web.archive.org/web/20150211081055/http://ruby-sapphire.com/kimberley_process.htm|url-status=dead}}</ref> from lack of enforcement on the ground to the secrecy in the diamond trading centers such as [[Antwerp]]. Human Rights Watch has also found that there is little independent monitoring of compliance with the Kimberley Process, and few penalties for violations.<ref name="hrw.org"/>

===Working groups===
KPCS has established a number of working groups for carrying out its programs. As of 2019, it had seven working groups: Working Group of Diamond Experts (WGDE), Working Group on Monitoring (WGM), Working Group on Statistics (WGS), Working Group on Artisanal & Alluvial Production (WGAAP), Committee on Participation and Chairmanship (CPC), Committee on Rules and Procedures (CRP) and Ad Hoc Committee on Reform and Review (AHCRR).<ref>{{cite web|url=https://www.kimberleyprocess.com/en/working-groups-and-committees|title=Working Groups and Committees|website=kimberleyprocess.com|access-date=January 12, 2019}}</ref>

==Current membership==
As of 1 July 2013, there were 54 participants in the KPCS representing 81 countries, with the [[European Union]] counting as a single participant. The participants include all major rough diamond producing, exporting and importing countries.<ref>{{cite web|url=https://www.kimberleyprocess.com/en/participants|title=Working together to stem the tide of conflict diamonds worldwide|year=2019|website=kimberleyprocess.com|access-date=January 12, 2019}}</ref> [[Cameroon]], [[Kazakhstan]], [[Panama]], and [[Cambodia]] were admitted as participants in 2012. The following is a list of participant countries with their year of entry (and re-entry, as appropriate) in brackets.

{{div col|colwidth=22em}}
*[[Angola]] (2003)
*[[Armenia]] (2003)
*[[Australia]] (2003)
*[[Bangladesh]] (2006)
*[[Belarus]] (2003)
*[[Botswana]] (2003)
*[[Brazil]] (2003)
*[[Cambodia]] (2012)
*[[Cameroon]] (2012)
*[[Canada]] (2003)
*[[Central African Republic]] (2003)
*[[China]] (2003)
*[[Democratic Republic of the Congo]] (2003)
*[[Ivory Coast|Côte d'Ivoire]] (2003)
*[[European Union]] (2003)
*[[Eswatini]] (2011)
*[[Gabon]] (2018)
*[[Ghana]] (2003)
*[[Guinea]] (2003)
*[[Guyana]] (2003)
*[[India]] (2003)
*[[Indonesia]] (2005)
*[[Israel]] (2003)
*[[Japan]] (2003)
*[[Kazakhstan]] (2012)
*[[Laos]] (2003)
*[[Lebanon]] (2003/2005)
*[[Lesotho]] (2003)
*[[Liberia]](2007)
*[[Malaysia]] (2003)
*[[Mali]] (2013)
*[[Mauritius]] (2003)
*[[Mexico]] (2008)
*[[Namibia]] (2003)
*[[New Zealand]] (2006)
*[[Norway]] (2003)
*[[Panama]] (2012)
*[[Republic of the Congo]] (2003/2007)
*[[Russia]] (2003)
*[[Sierra Leone]] (2003)
*[[Singapore]] (2004)
*[[South Africa]] (2003)
*[[South Korea]] (2003)
*[[Sri Lanka]] (2003)
*[[Switzerland]] (2003)
*[[Tanzania]] (2003)
*[[Thailand]] (2003)
*[[Togo]] (2003)
*[[Turkey]] (2007)
*[[Ukraine]] (2003)
*[[United Arab Emirates]] (2003)
*[[United Kingdom]] (2021, previously a member as part of the European Union)
*[[United States]] (2003)
*[[Venezuela]] (2003, withdrew in 2008, re-admitted in 2016)<ref>{{cite web|url=https://www.reuters.com/article/us-venezuela-diamonds/venezuela-to-rejoin-global-group-fighting-conflict-diamonds-idUSKCN0YF10K|title=Venezuela to rejoin global group fighting conflict diamonds|last=El Dahan|first=Maha|date=May 24, 2016|publisher=[[Reuters]]|access-date=January 12, 2019}}</ref><ref>{{cite web|url=https://www.state.gov/documents/organization/279762.pdf|archive-url=https://web.archive.org/web/20190113003821/https://www.state.gov/documents/organization/279762.pdf|url-status=dead|archive-date=January 13, 2019|title=Final Communiqué – the Kimberley Process Plenary Meeting|date=November 17, 2016|publisher=[[United States Department of State]]|access-date=January 12, 2019}}</ref>
*[[Vietnam]] (2003)
*[[Zimbabwe]] (2003)
{{div col end}}

===Applicants===
{{more citations needed section|date=January 2019}}
The following countries have expressed interest in joining the KPCS, but have yet to satisfy the minimum requirements:

*[[Burkina Faso]]
*[[Chile]]
*[[Kenya]]
*[[Kyrgyzstan]]
*[[Mauritania]]
*[[Mozambique]]
*[[Qatar]]
*[[Uzbekistan]]
*[[Zambia]]

===Waiver===
The [[World Trade Organization]] (WTO) in December 2006 approved a waiver for the KPCS while recognizing the importance and effectiveness of the KPCS.<ref>{{cite web|url=https://www.wto.org/english/news_e/news06_e/ctg_20nov06_e.htm|title=Goods Council considers new EC enlargement, extends Kimberley waiver|date=November 20, 2006|publisher=[[World Trade Organization]]|access-date=January 12, 2019}}</ref>

==Chairs==
The following is a list of the Kimberley Process Certification Scheme's chairs and vice chairs.<ref>{{cite web|url=http://www.kimberleyprocess.com/en/chair |title=Chair |publisher=KimberleyProcess |access-date=2015-03-10}}</ref> The chair oversees the implementation of the program, the operations of the working groups and committees, and general administration. The chair rotates annually. The current chair of KPCS is the nation that held the position of vice chair the previous year.

* 2003: [[South Africa]]; vice chair [[Canada]]
* 2004: [[Canada]]; vice chair [[Russian Federation]]
* 2005: [[Russian Federation]]; vice chair [[Botswana]]
* 2006: [[Botswana]]; vice chair [[European Commission]]
* 2007: [[European Commission]]; vice chair [[India]]
* 2008: [[India]]; vice chair [[Namibia]]
* 2009: [[Namibia]]; vice chair [[Israel]]
* 2010: [[Israel]],<ref>{{cite web|url=http://www.israelnationalnews.com/News/news.aspx/138141 |title=Diamond Activist to Miss Meeting – Inside Israel – News – Arutz Sheva |publisher=Israelnationalnews.com |date=2010-06-18 |access-date=2015-03-10}}</ref> Mr. Boaz Hirsch;<ref>[http://www.kimberleyprocess.com/download/getfile/953] {{webarchive|url=https://web.archive.org/web/20110124065401/http://www.kimberleyprocess.com/download/getfile/953|date=January 24, 2011}}</ref> vice chair [[Democratic Republic of the Congo|DRC]]
* 2011: [[Democratic Republic of the Congo|DRC]], Mr. Mathieu Yamba;<ref>{{cite web|url=http://www.worlddiamondcouncil.org/index.php?option=com_content&view=article&id=189:ari-epstein-and-mark-jenkins-join-wdc-board-of-directors&catid=42:latest-news&Itemid=197|title=World Diamond Council |work=worlddiamondcouncil.org |access-date=2015-03-10}}</ref> vice chair [[United States]]
* 2012: [[United States]], Ambassador [[Gillian Milovanovic]];<ref>{{cite web|url=https://2009-2017.state.gov/r/pa/prs/ps/2012/01/182610.htm|title=Assistant Secretary Fernandez Appoints Kimberley Process Chair|work=U.S. Department of State|access-date=2015-03-10}}</ref> vice chair [[South Africa]]
* 2013: [[South Africa]], vice chair [[China]]
* 2014: [[China]], vice chair [[Angola]]
* 2015: [[Angola]], vice chair [[United Arab Emirates]]
* 2016: [[United Arab Emirates]], vice chair [[Australia]]
* 2017: [[Australia]], vice chair [[European Union]]
* 2018: [[European Union]], vice chair [[India]]
* 2019: [[India]], vice chair [[Russian Federation]]
* 2020: No chairmanship due to Covid-19
* 2021: [[Russian Federation]], vice chair [[Botswana]]
* 2022: [[Botswana]], vice chair [[Zimbabwe]]

The DRC's position as the 2011 KPCS chair is notable, in that it had been a known source of conflict diamonds and other minerals in recent years.<ref>{{Cite web|url=https://www.globalwitness.org/en/all-countries-and-regions/democratic-republic-congo/|archiveurl=https://web.archive.org/web/20101225093111/http://www.globalwitness.org/campaigns/conflict/conflict-minerals/democratic-republic-congo|url-status=dead|title=Democratic Republic of Congo|archivedate=December 25, 2010|website=Global Witness|accessdate=May 20, 2023}}</ref><ref>{{cite web | url=https://www.kimberleyprocess.com/en/chair | title=Chair &#124; KimberleyProcess }}</ref>

==Statistics==
KPCS emphasizes collecting and publishing data relating to actual mining and international trade in diamonds. Member countries are required to officially submit statistics that can be verified through audit.<ref>{{cite web|url=https://kimberleyprocessstatistics.org/|title=Kimberley Process – Rough Diamond Statistics|work=Kimberleyprocessstatistics.org|access-date=2015-03-10}}</ref> Also, all member countries are required to produce and submit an Annual Report on the trade in diamonds.<ref>{{cite web|url=http://www.jvclegal.org/index.php?categoryid=259|title=Jewelers Vigilance Committee|work=Jvclegal.org|access-date=2015-03-10}}</ref> According to the Working Group on Statistics (WGS) of KPCS, in 2006, the KPCS monitored $35.7 billion in rough diamond exports representing more than 480 million carats. The number of Certificates issued by KPCS members was 55,000.

In 2014, 100 Reporters published an article showing how the use of KP certificates had allowed for the publication to identify transfer pricing manipulation in South Africa's trade of rough diamond exports,<ref name="100r.org">{{cite web|url=http://100r.org/2014/05/rough-and-polished/|title=Rough and Polished: South Africa Shortchanged on Diamond Trade|author=Khadija Sharife|work=100 Reporters|date=16 May 2014|access-date=2015-03-10}}</ref> detailing "Most imported diamonds appear to be re-exported uncut and unpolished. While imports make up relatively small volume, or carats, they drastically increase the value of rough diamond exports. Subtracting the values and volume of imported diamonds shown on South Africa's K.P. certificates from corresponding exports, the actual price per carat of rough diamonds being exported for the first time falls dramatically."

The article revealed that when, "asked about the anomalies in reported trade figures for diamonds under the Kimberley Process (K.P.) in South Africa, where De Beers is a dominant player, [Lynette] Gould, [head of media relations for De Beers], responded, "The primary purpose of the K.P. process (or the issuing of the certificates at least) is for Governments to certify the origin of diamonds, not to keep track of the volume and value of diamonds imported or exported."<ref name="100r.org"/>

===Annual report===
Annual report by all KPCS members is a component of peer review mechanism established by KPCS.  In the United States, for example, all companies that buy, sell, and ship rough diamonds must submit an annual report via email to the [[United States Department of State|State Department]], deadline April 1.<ref>{{cite web|url=https://2009-2017.state.gov/documents/organization/105827.pdf |title=Kimberley Process for Rough Diamonds |publisher=State.gov |access-date=2015-03-10}}</ref>  The report<ref>{{cite web |url=http://jvclegal.org/SampleUSKPAAnnual.pdf |title=USKPA Annual Import/Export Report |publisher=Jvclegal.org |access-date=2015-03-10 |archive-date=2016-03-04 |archive-url=https://web.archive.org/web/20160304132944/http://www.jvclegal.org/SampleUSKPAAnnual.pdf |url-status=dead }}</ref> must include the company's contact information and a detailed breakdown of the total carat weight and value in U.S. dollars of rough diamonds imported, exported, and stockpiled (still in inventory) for the previous calendar year.  These are also sorted by [[Harmonized Tariff Schedule for the United States|HTS]] codes for unsorted (gem and industrial) rough diamonds, sorted rough industrial diamonds, and sorted rough gem diamonds – the latter of which is most likely to be polished into finished stones and jewelry for retail sale, while industrial diamonds are most likely to be used in cutting and drilling tools.  Failure to submit this annual report in a timely fashion could result in a fine up to $10,000.  If found to be in willful violation, the convicted offender could be fined up to $50,000 and sentenced to up to ten years in prison.<ref>{{cite web|url=http://edocket.access.gpo.gov/cfr_2010/julqtr/pdf/31cfr592.502.pdf |title=Office of Foreign Assets Control, Treasury |publisher=Edocket.access.gpo.gov |access-date=2015-03-10}}</ref>

==Expulsion==
In 2004, [[Republic of the Congo]] was removed from the scheme because it was found unable to prove the origin of its gems, most of which were believed to have come from the neighbouring [[Democratic Republic of the Congo]]. For countries economically dependent on diamond exports, this can be a substantial punishment, as it disallows trade with much of the rest of the world. Republic of the Congo's membership in the KPCS was reinstated in the Plenary of 2007.

In 2005, trade in diamonds from [[Côte d'Ivoire]] was prohibited. Ivorian diamonds and cocoa are considered conflict resources.<ref>[http://www.kimberleyprocess.com/download/getfile/16] {{webarchive|url=https://web.archive.org/web/20101123054203/http://www.kimberleyprocess.com/download/getfile/16|date=November 23, 2010}}</ref><ref>{{cite web|url=http://www.globalwitness.org/sites/default/files/pdfs/cotedivoire.pdf |title=Hot Chocolate : How Cocoa Fuelled the Conflict in Cote d'Ivoire |publisher=Globalwitness.org |access-date=2015-03-10}}</ref>

In 2008, [[Venezuela]] voluntarily removed itself from the KPCS, after it had been in non-compliance for several years. The nation ignored several attempts to communicate from Kimberley working groups, finally responding to an Angolan ambassador in 2007. Venezuela invited Kimberley officials to visit the nation, but this required authorization, and the deadline expired without further correspondence. Finally, Venezuela agreed to remove itself from the KPCS and work toward strengthening its infrastructure.<ref>[http://www.kimberleyprocess.com/download/getfile/810] {{webarchive|url=https://web.archive.org/web/20101123054229/http://www.kimberleyprocess.com/download/getfile/810|date=November 23, 2010}}</ref><ref>[http://www.kimberleyprocess.com/download/getfile/788] {{webarchive|url=https://web.archive.org/web/20101123085007/http://www.kimberleyprocess.com/download/getfile/788|date=November 23, 2010}}</ref><ref>[http://www.kimberleyprocess.com/download/getfile/789] {{webarchive|url=https://web.archive.org/web/20101123084512/http://www.kimberleyprocess.com/download/getfile/789|date=November 23, 2010}}</ref><ref>[http://www.kimberleyprocess.com/download/getfile/790] {{webarchive|url=https://web.archive.org/web/20101123085013/http://www.kimberleyprocess.com/download/getfile/790|date=November 23, 2010}}</ref>

Côte d'Ivoire and Venezuela are still considered Kimberley Process members, but not Kimberley Process participants. As explained in the [[FAQ]] section of the Kimberley Process website,<ref>[http://www.kimberleyprocess.com/faqs/index_en.html] {{webarchive|url=https://web.archive.org/web/20080314045922/http://www.kimberleyprocess.com/faqs/index_en.html|date=March 14, 2008}}</ref> "Participants in the Kimberley Process (KP) are states or regional economic integration organisations (currently the European Community) that have met the minimum requirements of the Kimberley Process Certification Scheme (KPCS) and are, therefore, eligible to trade in rough diamonds with one another. The KPCS prohibits participants from trading with non-participants. Therefore, while the aforementioned countries still retain membership in the KPCS, they do not fulfill the requirements for participation, and thus cannot be called "participants".

==Global Witness==
[[Global Witness]] is a [[London]]-based [[NGO]], a key member of the KPCS and was one of the first organizations to bring the issue of 'conflict diamonds' to international attention.<ref>{{cite web|url=http://www.globalwitness.org|title=Global Witness|author=Mark Boulton Design|work=Globalwitness.org|access-date=2015-03-10}}</ref> They state that a report they wrote, "A Rough Trade", was partial inspiration for the film ''[[Blood Diamond (film)|Blood Diamond]]''.<ref>{{cite web|url=http://www.globalwitness.org/campaigns/conflict/conflict-diamonds|title=Conflict Diamonds|work=Globalwitness.org|access-date=2015-03-10|archive-date=2015-03-25|archive-url=https://web.archive.org/web/20150325102701/http://www.globalwitness.org/campaigns/conflict/conflict-diamonds|url-status=dead}}</ref>

According to Global Witness, the Kimberley Process has ultimately failed to stem the flow of conflict diamonds, leading them to abandon the scheme in 2011.<ref name="Failed">{{cite news|url=https://www.bbc.co.uk/news/business-16027011|title=NGO Global Witness leaves diamond vetting scheme|date=5 December 2011|publisher=BBC News|access-date=2015-03-10}}</ref>

==Criticism==
In December 2013, the ''World Policy Journal'' published an investigative report by journalists Khadija Sharife and John Grobler.<ref name="worldpolicy.org">{{cite web|url=http://www.worldpolicy.org/journal/winter2013/kimberleys-illicit-process|title=Kimberley's Illicit Process – World Policy Institute|work=Worldpolicy.org|access-date=2015-03-10|archive-date=2015-03-02|archive-url=https://web.archive.org/web/20150302042631/http://www.worldpolicy.org/journal/winter2013/kimberleys-illicit-process|url-status=dead}}</ref> This showed that a minimum of $3.5 billion in KP-certified diamonds from [[Angola]] and [[Democratic Republic of Congo]] (DRC) had been moved through KP-certified tax havens such as [[Dubai]] and [[Switzerland]]. This was in collaboration with self-regulating 'KP-approved' governments including Angola; arms dealers such as [[Arkadi Gaydamak]], [[diamond magnate]] [[Lev Avnerovich Leviev|Lev Leviev]] and certain international banks.

The authors concluded that tax havens should not be allowed to handle resource revenues because they provide "the legal and financial-secrecy infrastructure enabling illicit activities, while the former struggle to generate revenue for citizens' needs". Under-invoicing and other illicit manipulation of reported income or tax avoidance were excluded from the definition of "conflict diamond" used by the KP, they note, and this "has enabled a 99 percent clean diamond industry to exist largely because the real violence of the industry is whitewashed, ignored, or excluded entirely from the framework{{snd}}the criminal portion of which continues to exist entirely on the periphery."<ref name="worldpolicy.org"/>

In 2013, US investigative platform 100 Reporters released another [[Khadija Sharife]] investigate through Central Intelligence Organization (CIO) documents, showing $3 billion in diamond revenues used to rig the Zimbabwean elections.<ref>{{cite web|url=http://100r.org/2013/10/made-in-china-the-secret-of-mugabes-election-success/|title=Made in China: The Secret of Mugabe's Election Success|author=Khadija Sharife|work=100 Reporters|date=28 October 2013|access-date=2015-03-10}}</ref><!-- seems to have lost its topic -- by when now?  "By then, the diamonds were certified by the Kimberley Process." -->

In June 2009, Ian Smillie of the Canadian-based NGO, [[Partnership Africa Canada]]<ref name=PAC>[http://www.pacweb.org/ "PAC"], Partenariat Afrique Canada.</ref> (PAC), one of the founder members of the Kimberley Process resigned his position accusing the regulator of failing to regulate and saying he could no longer contribute to the "pretense that failure is success".<ref name=IRIN>{{cite web|url=http://www.irinnews.org/Report.aspx?ReportId=84949|title= Credibility of Kimberley Process on the line, say NGOs – Angola – Namibia – Conflict – Economy – Governance|work=IRINnews|date= 22 June 2009|access-date=2015-03-10}}</ref>

Another founding member of the process, UK-based NGO [[Global Witness]] said, "Despite having all tools in place, the Scheme was failing effectively to address issues of non-compliance, smuggling, money laundering and human rights abuses in the world's... diamond fields".<ref name="IRIN"/> The scheme came under further criticism from [[Global Witness]] and Partnership Africa Canada<ref name="PAC"/> in June 2010 after the Kimberley Monitor appointed to review diamond mining conditions in [[Zimbabwe]] recommended that the country be allowed to sell diamonds as [[Conflict-free diamond|conflict-free]]<ref name=WSJ>{{cite web|url=https://www.wsj.com/articles/SB10001424052748703630304575270681883985308|title=Zimbabwe Nears Approval for Marange-Field Diamond Exports |first1=Farai |last1=Mutsaka |first2=Peter |last2=Wonacott |first3=Sarah |last3=Childress |date=28 May 2010|work=WSJ|access-date=2015-03-10}}</ref> from its contested [[Marange Diamond Fields|Marange diamond fields]] in [[Chiadzwa]].<ref name=ReutersAfrica>{{cite web|url=https://af.reuters.com/article/investingNews/idAFJOE6570E020100608?|archive-url=https://web.archive.org/web/20100611092114/http://af.reuters.com/article/investingNews/idAFJOE6570E020100608|url-status=dead|archive-date=2010-06-11|title=Zimbabwe meets diamond trade standards: monitor|work=reuters.com|access-date=2015-03-10}}</ref><ref name="PAC1">{{cite web |url=http://www.pacweb.org/Documents/Press_releases/2010/Zim_Press_Release_June_2010.pdf |title=The Militarized Control of Diamonds and Power in Zimbabwe |publisher=Partenariat Afrique Canada |date=June 14, 2010 |access-date=2015-03-10 |archive-url=https://web.archive.org/web/20150924063132/http://www.pacweb.org/Documents/Press_releases/2010/Zim_Press_Release_June_2010.pdf |archive-date=September 24, 2015 |url-status=dead }}</ref><ref name=BBC>{{cite news|url=http://news.bbc.co.uk/1/hi/business/10307046.stm|title=Diamonds: Does the Kimberley Process work?|work=BBC News|access-date=2015-03-10}}</ref> For the first time the two NGOs jointly called for a redefined classification for [[conflict diamonds]].<ref name="PAC1"/>

In August 2010, another key draftsman of the KP, and also Africa's highest-ranking diamond official, [[African Diamond Council]] (ADC) and [[African Diamond Producers Association|ADPA]] chairman Dr. M'zée Fula Ngenge, demoralized KP supporters by persuading African diamond-producing nations to renounce their support for the scheme.<ref>{{cite web|url=http://www.zimeye.org/?p=20406|title=Diamond boss blasts KP|work=Zimeye.org|access-date=2015-03-10|url-status=dead|archive-url=https://web.archive.org/web/20150909031252/http://www.zimeye.org/?p=20406|archive-date=2015-09-09}}</ref> Ngenge blasted the KP for its ongoing ineffectiveness, stating that "the system has failed to thwart trading of diamonds mined as a result of human suffering."<ref>{{cite web|url=http://www.thezimbabwean.co.uk/news/africa/33180/diamond-boss-blasts-kp-.html|title=Diamond boss blasts KP|work=The Zimbabwean|access-date=2015-03-10|url-status=dead|archive-url=https://web.archive.org/web/20130501083004/http://www.thezimbabwean.co.uk/news/africa/33180/diamond-boss-blasts-kp-.html|archive-date=2013-05-01}}</ref>

Ahead of this denunciation, the ADC unleashed a distressing TV infomercial<ref>{{cite web|url=https://www.youtube.com/watch?v=rYSHr_sEMu4|title=YouTube|work=Youtube.com|access-date=2015-03-10}}{{cbignore}}{{Dead Youtube links|date=February 2022}}</ref> that exposed internal problems at the front end of the African diamond industry. The broadcast was not only a huge boost for the ADC, it proved to be an enormous setback for the Kimberley Process and ultimately ended [[De Beers]]’ ascendancy on the African continent.<ref>{{cite web|url=http://www.jckonline.com/blogs/cutting-remarks/2011/11/03/kimberley-process-winners-and-losers-from-two-year-zim-broglio|title=The Kimberley Process: Winners and Losers From the Two Year Zim-broglio|work=JCK Magazine|access-date=2015-03-10|url-status=dead|archive-url=https://web.archive.org/web/20150209182432/http://www.jckonline.com/blogs/cutting-remarks/2011/11/03/kimberley-process-winners-and-losers-from-two-year-zim-broglio|archive-date=2015-02-09}}</ref>

In December 2010 ''[[Time (magazine)|Time Magazine]]'' published a piece discussing the newly established rough diamond trade in Zimbabwe. The article questioned the legitimacy of the Kimberley Process, stating that it was unable to prevent Zimbabwean conflict diamonds from entering the market.<ref>{{cite magazine| url=http://www.time.com/time/magazine/article/0,9171,2029482,00.html | archive-url=https://web.archive.org/web/20101128173526/http://www.time.com/time/magazine/article/0,9171,2029482,00.html | url-status=dead | archive-date=November 28, 2010 | magazine=Time | title=Why Zimbabwe's New Diamonds Imperil Global Trade | date=5 December 2010|access-date=2015-03-10}}</ref>

On 11 August 2011, a [[BBC]] radio documentary titled "Zimbabwe's Diamond Fields"<ref>{{cite web|url=http://downloads.bbc.co.uk/podcasts/worldservice/docarchive/docarchive_20110811-0500a.mp3 |format=PDF |title=MP3 file |publisher=Downloads.bbc.co.uk |access-date=2015-03-10}}</ref> repeated an interview with representatives of the Kimberley Process claiming officials were unaware of the tortures and killings exposed in the documentary. Official stated they were only aware of incidents uncovered by their brief visits to the field, implying that they were not staffed to do in-depth investigations.

Global Witness walked out on KP in December 2011.<ref>{{cite web
|url=http://www.businesslive.co.za/southafrica/sa_markets/2011/12/06/kimberley-process-losing-credibility
|title=Markets – BDlive
|work=Business Day Live
|access-date=2015-03-10}}</ref> The human rights [[wikt:watchdog|watchdog]] group has stated that in recent times, the governments of [[Zimbabwe]], [[Côte d'Ivoire]] and [[Venezuela]] have all dishonored, breached and exploited the system without bearing any consequential penalties for their infringements.<ref>{{cite web|url=http://www.triplepundit.com/2011/12/global-witness-kimberley-process-preventing-blood-diamonds/|title=Global Witness Says Kimberley Process Not Preventing Blood Diamonds|author=Gina-Marie Cheeseman|date=7 December 2011|work=Triple Pundit: People, Planet, Profit|access-date=2015-03-10}}</ref>

==See also==<!---♦♦♦ Please keep the list in alphabetical order ♦♦♦--->
* [[African Diamond Producers Association]], aka African Diamond Council
* [[Blood Diamond (film)|''Blood Diamond'' (film)]]: Film scenes are located in Sierra Leone; the end titles mention the Kimberley Process
* [[Clean Diamond Trade Act]]
* [[Conflict resource]]
* [[Diamonds as an investment]]
* [[Energy in Angola]]
* [[Fair trade certification]]
* [[Resource curse]]

==References==
{{Reflist|colwidth=30em}}

==External links==
{{Commonscatinline}}
* [http://www.diamondfacts.org Facts about non-conflict diamonds from the World Diamond Council]
* [https://bulwik.com/pages/diamond Kimberley Diamond certification and quality]
* [http://www.kimberleyprocess.com/ kimberleyprocess.com]
* [https://web.archive.org/web/20161023210020/http://www.worlddiamondcouncil.com/Updated%20documents%202003/Clean%20Diamonds%20Trade%20Act.shtml A transcript of the Clean Diamond Act]
* [https://web.archive.org/web/20090629053545/http://www.globalwitness.org/media_library_detail.php/774/en/blood_diamonds_time_to_plug_the_gaps_ Civil Society Groups warn effectiveness of Kimberley Process compromised]
*[https://www.africaintelligence.com/southern-africa-and-islands/2024/04/26/kimberley-process-secretariat-moves-into-gaborone-offices-at-last%2C110220351-gra Kimberley Process secretariat moves into Gaborone offices at last], Africa Intelligence, 26 April 2024 (requires free registration)

[[Category:Blood diamonds]]
[[Category:2003 in the United Nations]]