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Diamonds in the rough: Human rights abuses in the Marange diamond fields
Human Rights Watch
June 26, 2009

http://www.hrw.org/en/reports/2009/06/26/diamonds-rough-0

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Zimbabwe's armed forces, under the control of President Robert Mugabe's Zimbabwe African National Union-Patriotic Front (ZANU-PF), are engaging in forced labor of children and adults and are torturing and beating local villagers on the diamond fields of Marange district. The military seized control of these diamond fields in eastern Zimbabwe after killing more than 200 people in Chiadzwa, a previously peaceful but impoverished part of Marange, in late October 2008. With the complicity of ZANU-PF, Marange has become a zone of lawlessness and impunity, a microcosm of the chaos and desperation that currently pervade Zimbabwe.

The military's violent takeover of the Marange diamond fields in October 2008 occurred one month after ZANU-PF agreed to share power with the Movement for Democratic Change (MDC), the opposition party that won the March 2008 elections. The contested vote precipitated a political crisis and period of rampant human rights abuses by ZANU-PF against members of the opposition. The seizure of the diamond fields took place amidst a major economic crisis in Zimbabwe, caused largely by the failed policies of ZANU-PF, which resulted in astronomical inflation, rampant unemployment, the unchecked spread of disease, and massive food insecurity.

In this context, army brigades have been rotated into Marange to ensure that key front-line units have an opportunity to benefit from the diamond trade. Soldiers have bullied and threatened miners and other civilians into forming syndicates so that the soldiers can control diamond mining and trade in Marange. The enrichment of soldiers serves to mollify a constituency whose loyalty to ZANU-PF, in the context of ongoing political strife, is essential. The deployment of the military in Marange also ensures access to mining revenue by senior members of ZANU-PF and the army. Human Rights Watch believes that money from illegal diamond trading is likely to be a significant source of revenue for senior figures in ZANU-PF, which has either failed to or decided not to effectively regulate the diamond fields while exploiting the absence of clear legal ownership of the gemstones.

Diamonds were discovered in Marange in June 2006, and ZANU-PF effectively encouraged a diamond rush by declaring the fields open to anyone to mine. By November 2006, however, a nationwide police operation was launched to clamp down on illegal mining across the country, including in Marange. Police assumed control of the diamond fields; but, rather than halt illegal mining and trade, they exacerbated and exploited the lawlessness on the fields. Police officers were responsible for serious abuses-including killings, torture, beatings, and harassment-often by so-called "reaction teams" deployed to drive out illegal miners. Miners described colleagues being buried alive. A police officer working with a reaction team told Human Rights Watch of orders from senior officers to "shoot on sight" miners found in the fields. Villagers described arbitrary arrests, beatings, and harassment that by May 2008 had swamped a local prison with 1,600 prisoners, 1,300 more than its capacity.

With policing disintegrating into anarchy, the army operation called Operation Hakudzokwi (No Return), which started on October 27, 2008, appears to have been designed both to restore a degree of order and to allow key army units access to riches at a time when inflation in Zimbabwe was astronomically high and the country teetered on the verge of bankruptcy. Military operations over a three-week period involved indiscriminate fire against miners at work and people in their villages. Between November 1 and November 12, 107 bodies, many with visible bullet wounds, were brought from Marange to the morgue at Mutare Hospital. Overcrowded, the hospital eventually had to turn away trucks carrying more bodies. One man described to Human Rights Watch the extrajudicial execution of his brother on November 14-shot in the back of the head by soldiers who had accused him of being an illegal miner. Scores of miners and diamond traders were tortured and beaten, and at least 80 villagers from Muchena were beaten by soldiers demanding to know the identities and whereabouts of local illegal miners.

With control established, the army rapidly turned to forming syndicates, often using forced labor, including of children. A miner described to Human Rights Watch how his syndicate was cheated by the soldiers who formed it-when the men decided to abandon work, soldiers shot them, leading to the death of one man and the maiming of another. Children describe being made to carry diamond ore, working up to 11 hours per day with no reward. One local lawyer has estimated that up to 300 children continue to work for soldiers in the diamond fields.

While Zimbabwe's new power-sharing government, formed in February 2009, now lobbies the world for development aid, millions of dollars in potential government revenue are being siphoned off through illegal diamond mining, smuggling of gemstones outside the country, and corruption. The new government could generate significant amounts of revenue from the diamonds, perhaps as much as US$200 million per month, if Marange and other mining centers were managed in a transparent and accountable manner. This revenue could fund a significant portion of the new government's economic recovery program, which would benefit ordinary villagers like the residents of Marange.

Human Rights Watch calls on the power-sharing government of Zimbabwe to remove the military from Marange, restore security responsibilities to the police, and ensure that the police abide by internationally recognized standards of law enforcement and the use of lethal force. The power-sharing government should appoint a local police oversight committee consisting of all relevant stakeholders, launch an impartial and independent investigation into the serious human rights abuses committed there, and hold accountable all those found to be responsible for abuses. Members of the army and police who have committed abuses should also face disciplinary action for their crimes. The new Zimbabwe government should strengthen resource accountability by allowing greater transparency in how mining revenues are derived, permitting public scrutiny of the allocation of that revenue, and protecting the basic civil and political, as well as economic and social, rights of its citizens.

As a formal participant in the Kimberley Process Certification Scheme (KPCS)-an international scheme governing the global diamond industry-Zimbabwe has a responsibility to immediately end the smuggling, corruption, and abuses that are taking place in Marange and ensure effective internal control over its diamond industry. Members of the KPCS should demand that Zimbabwe comply with the scheme's minimum standards, which include stopping the smuggling of diamonds from Zimbabwe, bringing Marange diamond fields under effective legal control, and ensuring that all diamonds from Marange are lawfully mined, documented, and exported with relevant valid Kimberley Process (KP) certificates. The KPCS should take urgent measures to audit the Zimbabwean mining sector, ensure that individuals involved in smuggling return their ill-gotten gains, and act to prevent any further abuse in both the extraction and onward sales of Marange diamonds.

The Kimberley Process emerged out of a concern that rebel groups in West Africa in the 1990s were engaged in the mining and trade of conflict diamonds, which provided the groups with revenue and permitted them to commit abuses against civilians. Human rights concerns are implicit in the KPCS mandate, but that mandate has been too narrowly construed by its members. Human Rights Watch calls on the KPCS to broaden its remit to include serious and systematic abuses, not only by rebel groups in conflict, but also by other agencies, including governmental bodies. The abuses committed by Zimbabwe's police and army did not occur in armed conflict, but they are as serious as those the Kimberley Process was designed to address; for that reason, KPCS members should classify Marange diamonds as "conflict diamonds."

Human Rights Watch recommends that the KPCS suspend Zimbabwe from participation in the Kimberley Process on account of the horrific human rights abuses in Marange and the lack of effective official Zimbabwean oversight of its diamond industry. It should also place an immediate, temporary halt on the extraction and trade of Marange diamonds. The KPCS should bar Zimbabwe from exporting Marange diamonds and ban the importation of Marange diamonds by its members until the government of Zimbabwe has ended human rights abuses in Marange and has regulated the diamond fields in ways that stop smuggling. Regulation of the diamond fields should include settling the question of legal title and ensuring that only those properly licensed are allowed to mine diamonds.

Finally, as a member of the KPCS and as a regional political power, South Africa also has an important role to play. Its own huge diamond industry is at serious risk of being tainted if illegal diamonds from Marange are indeed being sold alongside South Africa's domestically produced diamonds. Human Rights Watch calls on South Africa, both individually and as a member of the KPCS, to prevent the entry of tainted precious stones from Zimbabwe and to encourage the transparency and accountability of Zimbabwe's diamond industry.

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