This is a prerequisite if we are to turn potential into reality for the benefit of producer countries and their large populations.
At the end of the 1990s, the whole world was outraged by the discovery of blood diamonds1 at the heart of political instability and civil wars in certain African countries such as Sierra Leone and Angola. In the early 2000s, this indignation led to the establishment of the Kimberley Process, whose ultimate aim was to clean up the world diamond economy and restore peace and stability to countries in crisis. At the time, most stakeholders, especially NGOs specialising in the defence of human rights and the populations of the countries where the abuses were recorded, were filled with hope for a better situation. Today, just over 20 years later, that hope seems to have faded, if the news from Kimberley Process meetings in recent years is anything to go by.
The paradox of countries with rich subsoils but poor economies and populations remains.
It is well known to anyone who is interested that the African continent concentrates a large reserve of the world’s mineral resources and is home to a significant proportion, around 66.4%, of the world’s diamond production, with 5 countries in the world’s top 10 diamond producers. Despite this production, countries such as the Democratic Republic of Congo, Sierra Leone, the Central African Republic and Zimbabwe, among others, which have been affected by conflict diamonds since the 1990s, continue to harbour conflicts linked to mining or to record acts of human rights violations in this area. Above all, in almost all African diamond-producing countries, local people are still excluded from the benefits of diamond mining. For the most part, the communities where diamonds are produced in Africa are hard to reach, economically poor and suffering from a glaring lack of basic services: water, electricity, health and education infrastructures, etc.
In addition, despite efforts to promote transparency in both industrial and artisanal mining, many mining contracts remain opaque, with no clear information on the benefits that should accrue to communities. Corruption persists in many mining transactions, and a large percentage of the revenue that should go to the national treasury is lost.
To cap it all, not only do communities benefit little from the diamonds in their subsoil, but all too often they see their human, economic, social and environmental rights violated without any real possibility of recourse. This situation has been amply documented by those who represent the interests of the communities within the Kimberley Process, the Coalition de la Société Civile du PK (CSC-PK). One emblematic case of these violations is the pollution of the Kasai River via its tributary, the Tshikapa River in Angola, by the Catoca Mining Company based in the province of Lunda Sul in Angola. More than a million Congolese were affected, with repercussions on economic activities such as fishing, which was interrupted. Despite the steps taken to repair the damage, nothing significant has yet been done for the communities affected since July 2021.
Limited effectiveness of the many initiatives to promote governance in the extractive sector in general and the diamond sector in particular?
In addition to the Kimberley Process, which focuses specifically on the governance of the diamond sector, and which is becoming less and less satisfactory to a considerable number of stakeholders, a number of initiatives have been implemented to clean up the diamond economy and ensure that the wealth generated by this activity benefits the population through quality basic services, among other things.
At international level, there are initiatives such as the Extractive Industries Transparency Initiative (EITI) and the Publish What You Pay initiative, which aim to contribute to greater transparency in the management of the financial spin-offs from the extractive sector. Although a number of African diamond-producing countries have signed up to these initiatives, and mining companies operating in these countries are obliged to declare revenues paid to governments, the extractive sector remains opaque, and the spectre of the “curse of natural resources”, the potential wealth of which unfortunately manifests itself in the precariousness and destitution of local populations, is still very real.
In Africa, a number of initiatives have been implemented to promote sound governance of the extractive sector in general and diamonds in particular. These include:
– The African Mining Vision (AMV) which wasdeveloped in 2009 to promote transparent, fair and optimal mining in Africa and development that benefits all African people.
– The African Mining Development Centre (AMDC) which was set up jointly by the African Union, the African Development Bank and the Economic Commission for Africa to support African states in their efforts to improve governance in the area of natural resources.
– The instruments of the International Conference on the Great Lakes Region (ICGLR), such as:
* The Protocol on the Illegal Exploitation of Natural Resources with its regional natural resource certification mechanism (MRC) adopted in 2012.
* The Regional Initiative to Combat the Illegal Exploitation of Natural Resources launched in 2016
* The regional programme on transparency and accountability in the extractive industries launched in 2018.
– The instruments of the Economic Community of Central African States (ECCAS), such as:
* The Charter on the Governance of Natural Resources, adopted in 2012, which sets out the principles and objectives of ECCAS in terms of the governance of natural resources.
* The Mining Code adopted in 2017, which establishes a harmonised legal framework for mining in ECCAS member states.
* The Protocol on Combating the Illegal Exploitation of Natural Resources, adopted in 2020, which aims to combat the illegal exploitation of natural resources in the region.
– Southern African Development Community (SADC) instruments such as:
* The Charter on the Governance of Natural Resources, adopted in 2008, which sets out SADC’s principles and objectives for the governance of natural resources.
* The Mining Code adopted in 2012, which establishes a harmonised legal framework for mining in SADC member states.
* The Protocol on Combating the Illegal Exploitation of Natural Resources, adopted in 2018, which aims to combat the illegal exploitation of natural resources in the region.
– The instruments of the Economic and Customs Community of West African States (ECOWAS), such as: and Customs Community of West African States (ECOWAS), such as:
* The Charter on the Governance of Natural Resources, adopted in 2014, which sets out ECOWAS’s principles and objectives for the governance of natural resources.
* The Mining Code adopted in 2017, which establishes a harmonised legal framework for mining in ECOWAS member states.
* The Protocol on Combating the Illegal Exploitation of Natural Resources, adopted in 2019, which aims to combat the illegal exploitation of natural resources in the region.
More than a decade after the implementation of most of these initiatives, the results are far from satisfactory or sustainable. Opacity, corruption and human rights violations continue to be perpetrated, to the great detriment of African citizens in general and local communities in particular.
As the capacity of those who defend the interests of communities is strengthened, attention is increasingly focused on aspects of violations of fundamental human rights that were not previously taken into account. This is the case for the environmental and social rights of local communities. These are difficult to take into account.
And yet economic and geopolitical trends seem to indicate a growing appetite for extraction.
On the ground, extraction seems to be intensifying, with more players involved and exploitation that is not always effectively controlled, suggesting that the curse of natural resources is far from over.
At least three major factors need to be taken into account when assessing the new wave of conquest of Africa’s sub-soil wealth that is currently underway:
– Firstly, the Russian offensive in Africa through the WAGNER military organisation, whose presence has been reported many times around mining sites in the Central African Republic and Mali, to name but a few.
– Secondly, the renewed interest of the Western powers, in this case the United States of America and Europe, in critical minerals to fuel the high-tech industry and the transition to green economies.
– Thirdly, the rampant political instability in West Africa and the general decline in democracy in diamond-producing countries such as Guinea, Sierra Leone and Zimbabwe.
The next ten years represent yet another opportunity for Africa. Global demand for minerals will be strong. The African reserve presents a real opportunity to grow African economies and benefit communities in producing regions. However, unless there is a radical change in governance, the three factors above will undoubtedly mean that opaque exploitation, corruption, smuggling and, above all, a distraction of the financial benefits to the detriment of the people will continue.
The above warning stems from the lack of proactivity on the part of the continent’s national and supranational governance bodies. Although legal and regulatory instruments exist, compliance with them is lacking. Similarly, the integrity of leaders is not a quality shared by all.
The importance of a new definition of “conflict diamonds”
For more than five years now, the Coalition de la Société Civile du PK (CSC-PK) has been calling for a change in the definition of conflict diamonds. The CSC-PK is proposing a definition that is more in tune with today’s realities. A definition that will take account of all forms of violation of rights – human, economic, social and environmental – and that will include governments, law enforcement agencies, private security companies and all actors likely to be behind the violence and violations.
Such a definition would oblige all players in the chain – the private sector, government, civil society, artisanal miners and communities – to undertake mining that respects rights, is clean and can make a real contribution to the development of producing countries.
A reform of the system of governance is therefore necessary: the establishment of a functional state as a prerequisite for sound diamond governance
In addition to an improved definition of conflict diamonds at international level, it is important that the system of governance in producer countries be reformed if we are to avoid reliving the same effects as those experienced since the beginning of the extractive adventure on the continent. The aim of this reform will be to put in place a Functional State in the mining sector for these producing countries. This concept is proposed by STRATEGIES! as a solution to the governance challenge that cuts across almost all African countries. It comprises three interdependent variables which ensure that the State serves the well-being of its populations: (1) Presence, (2) Security and Sustainability and (3) Hope.
Presence is the variable through which the state demonstrates its control and availability to citizens throughout its territory. This presence is demonstrated by the provision of basic services such as water, electricity, health, education and security services, as well as the existence of social and community facilities such as roads and buildings housing the institutions responsible for regulating the provision of these administrative services to the population.
Presence can be ensured through the application of certain measures such as the following:
– Ensure the existence, at local and central level, of inclusive platforms for the management of diamond mining. The essential stakeholders in these platforms are (1) the national government through its relevant ministerial departments and local or regional government, (2) representatives of industrial or artisanal operators, (3) civil society and (4) representatives of neighbouring communities. Within these platforms, issues relating to compliance with the norms and standards of the activity, marketing and the distribution of revenue from the activity, among others, will be examined.
– Set up public monitoring structures in mining areas, such as observatories or activity monitoring offices responsible for ensuring the application of technical and environmental mining standards and respect for human and plural rights in and around mining sites, in addition to the minimum service relating to the identification and verification of the compliance of the licences of those involved in mining in the mining sites.
Security and sustainability are the variables that guarantee the physical and legal integrity of the population. This is reflected in the rule of law, in which:
– Fundamental human rights are respected,
– The legal system is independent and functional,
– People’s organisations have interaction platforms and contribute to decision-making
– Institutions of checks and balances such as the media, trade unions and civil society are free and independent in their actions.
In this case, the effectiveness of this variable will be demonstrated by the participation of the various stakeholders in the diamond mining monitoring committee in the mining basin. At the same time, within the State, the existing legal system must not only be independent and functional, but above all credible and reliable for the local population, so as to encourage victims of all kinds of abuse to seek justice. The mechanism for distributing the activity’s resources must be known, accepted and effective for all players. This will help to reduce the many human rights violations that occur at mining sites. It could also promote greater transparency about the activities taking place on mining sites, thanks to the independent view of civil society and freer communication by the media.
Hope is the variable through which the State’s economic performance is translated into the establishment of a business environment in the diamond sector that promotes economic growth that creates wealth and decent jobs for the majority, public support for flourishing artistic and cultural expression, structural support for innovation and creativity in dedicated environments, with sustainable management of the environment and resources as an integral part of mining activity at all levels.
State involvement in the diamond sector is hard work for producing countries, but it is the means by which mining sites can become sectors of activity where the business climate is conducive to decent employment and entrepreneurship. State investment upstream in education, with training in occupations related to mining, and downstream through support for entrepreneurship in the sector, could boost the sector’s economic performance as well as the positive externalities for local communities.
The introduction of a functional state is therefore seen as a systemic measure that provides a response to opacity, corruption and violations of communities’ human, economic and environmental rights, enabling producing countries to seize this key moment in the global economy to convert the financial windfall from diamond mining into wealth for the benefit of their populations as a whole.
- The United Nations defines conflict diamonds as any diamond mined in an area controlled by armed groups and traded to finance military action against legitimate governments. ↩︎
