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Statement by the Chair of the Kimberley Process, Ambassador
Welile Nhlapo for the Opening of the KP Plenary – 19 November
2013
Honourable Minister of Mineral Resources, Hon. Minister Susan
Shabangu
Honourable Ministers from KP Member States,
Executive Mayor of the Ekurhuleni Metropolitan Municipality, Mayor
Mondli Gungubele;
Vice-Chair of the Kimberley Process, Hon Vice Minister His
Excellency Wei Chuanzhou of the People’s Republic of China;
President of the World Diamond Council, Avi Paz;
The delegation of the African Diamond Producers Association,
The Executive Secretary and Founder of ACCORD, Mr Vasu
Gounden.
The Representative of the Civil Society Coalition, Shamiso Mtisi
Fellow Kimberly Process Family Members
The Kimberley Process Certification Scheme at its inception was and
remains a unique initiative bringing together stakeholders such as
Governments, the industry and civil society to stem the flow of conflict
diamonds used by rebel movements to finance wars against
legitimate governments.
The ten years since the creation of the Kimberley process has seen
many changes in each of the three stakeholders that make up the KP
family. The situation is producing countries is no longer the same; the
 
	
   2	
  
industry and trade flows have also seen some transformation and civil
society formations have evolved.
Throughout these changes, the tripartite nature of the Kimberley
Process continues to exist and is a huge source of strength, which
should be jealously guarded. In fact the Kimberley Process remains
one of the best examples of a multi-stakeholder formation.
Over the last ten years, the nature of conflicts has also change. Some
protracted conflicts, which existed at the time of the formation of the
KP are a thing of the past and there are countries which were part of
the reasons for the creation of the KP that are now enjoying peace
and stability. The KP has been successful in reducing the trade in
conflict diamonds and it has also had a significant developmental
impact in improving the lives of people dependent of the trade in
diamonds.
The KP has thus, in its own way and within its existing mandate,
contributed to the resolution of these conflicts. This has been
recognised by the United Nations General Assembly and the Security
Council, which have endorsed the KP as a legitimate partner in
contributing to conflict prevention, management, resolution and
development.
Conflicts do however persist and diamonds do continue to fuel some
of these conflicts. While the United Nations Security Council has the
primary mandate to maintain international peace and security, the KP
 
	
   3	
  
can play its part in assisting countries emerge from war. Through its
certification of rough diamonds in countries emerging from conflict,
the KP can also continue to assist in the post conflict reconstruction
and development in these countries.
The challenge remains maintaining the relevance of the Scheme and
ensuring that it remains a credible tool in cleaning up the industry and
also in improving its effect on the livelihoods of people.
Over the course of this year and especially since the intersessional in
June, we set ourselves the task of intensifying our reform efforts to
continue to make the KP relevant and credible. The different working
groups have been extremely busy over the last few months and we
look forward to considering their reports and proposed decisions
particularly on reform proposals.
We have to however recognise the reality that the very nature of our
composition results in multiple challenges, which weigh on us
differently. Each of our three stakeholders has particular challenges
which makes moving forward all the more difficult. Governments have
to regulate the mineral resources of countries including guaranteeing
that imports are conflict free. Some Governments have capacity
constraints in putting in place such regulatory mechanisms.
The industry faces severe difficulties following the global financial
crisis and ensuing depression. While traditional markets for diamonds
 
	
   4	
  
are shrinking, there is a ray of hope as emerging economies provide
an opportunity for the industry to flourish.
Ultimately, we all have to ensure that through the certification
process, that at the end of the value chain in the diamond industry,
the products that reach consumers are not tainted as being conflict
diamonds. We have to continue to remove the last stain of blood to
return the diamond to its former symbol of love and affection. We
must continue to do this through the tireless efforts of the KP’s
Working Groups.
Africa will continue to remain a major player in the world diamond
industry, as more diamond deposits are being made. We have to
draw these new diamond producers into the KP family. Legally mined
diamonds can be a valuable asset that contributes to Africa’s growth.
The industry has an important contribution to make in ensuring that
there are beneficiation and value-added industries on the African
Continent. It is through building these industries and developing these
countries, can the clear cost-benefit of averting conflict and ensuring
economic growth and development.
The role of civil society in the KP is appreciated. Civil society
organisations have played an important role in raising awareness on
the role of diamonds in fuelling conflicts. In the same manner as all
other stakeholders, Civil Society needs to act responsibly and work
together with countries concerned to ensure that we are able to avoid
 
	
   5	
  
misunderstandings and march in unison in fulfilment of our common
mandate.
It would be recalled that the intersessional in June tasked the Chair
with the responsibility of examining the vexed matter of the definition.
As you would no doubt imagine, this has not been an easy task as
there are so many competing interests. Consultations on this matter
will continue but we must remember that at the end of the day, if we
are to move forward on the matter of the definition, the solution lies
with agreement among all of you as members of the KP. To do this,
we must work together to find solutions. Maintaining hardened
positions without any willingness to compromise and find mutually
beneficial solutions will not help.
When dealing with the definition, we have to recognise the role and
limitations of the KP, otherwise we will be taking on much more than
we are mandated to bear. To keep the KP relevant and effective, the
focus should be on implementation of our existing mandate, such as
following up on outcomes of review visits, and assistance we can
provide to countries their compliance capabilities.
The KP was created, for a specific purpose to address the trade in
conflict diamonds. The KP was not created to end conflict, or to end
human rights abuses or to take retributive action against sovereign
states. Other mechanisms existed exist in the international system for
addressing these challenges.
 
	
   6	
  
The United Nations Security Council has the mandate to address the
maintenance of international peace and security. The UN Human
Rights Council has a specific mandate relating to human rights.
These bodies should be employed to address specific concerns
relating to their respective competencies. The KP too should be
utilised to address its specific purpose. The issues identified as
weaknesses of the KP must be raised in forums with mandates and
capacity to ensure genuine solutions. If the KP is afforded
responsibilities that it is unable to implement, it will threaten its very
credibility and existence.
The KP Review Committee (CKR) has been working on a reform
programme. The Plenary needs to study these proposals. When
considering the recommendations on the future of the CKR, we need
to ensure that any decision considers how we revitalise the KP
structures, in consistence with its mandate. We must bear in mind
that the KP should work in partnership and in a complimentary
manner with all international organs that have the requisite mandate,
resources and expertise to address the common challenges we face.
As South Africa hands over the Chair of the Kimberley Process to the
People’s Republic of China, we do so with all the confidence that the
work we have been doing, particularly on strengthening of internal
controls and mechanism could be able to move forward.
In conclusion, we would like to congratulate the European Union for
its decision to lift sanctions on Zimbabwe. We hope that those that
 
	
   7	
  
continue to maintain sanctions would also be able to lift them
because the lifting of sanctions would assist Zimbabwe regain
stability and prosperity once again which will also benefit the wider
region, a better Africa in, a safe and secure world.

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2013 Opening Plenary KP Chair Ambassador Welile Nhlapo Public

  • 1.     1   Statement by the Chair of the Kimberley Process, Ambassador Welile Nhlapo for the Opening of the KP Plenary – 19 November 2013 Honourable Minister of Mineral Resources, Hon. Minister Susan Shabangu Honourable Ministers from KP Member States, Executive Mayor of the Ekurhuleni Metropolitan Municipality, Mayor Mondli Gungubele; Vice-Chair of the Kimberley Process, Hon Vice Minister His Excellency Wei Chuanzhou of the People’s Republic of China; President of the World Diamond Council, Avi Paz; The delegation of the African Diamond Producers Association, The Executive Secretary and Founder of ACCORD, Mr Vasu Gounden. The Representative of the Civil Society Coalition, Shamiso Mtisi Fellow Kimberly Process Family Members The Kimberley Process Certification Scheme at its inception was and remains a unique initiative bringing together stakeholders such as Governments, the industry and civil society to stem the flow of conflict diamonds used by rebel movements to finance wars against legitimate governments. The ten years since the creation of the Kimberley process has seen many changes in each of the three stakeholders that make up the KP family. The situation is producing countries is no longer the same; the
  • 2.     2   industry and trade flows have also seen some transformation and civil society formations have evolved. Throughout these changes, the tripartite nature of the Kimberley Process continues to exist and is a huge source of strength, which should be jealously guarded. In fact the Kimberley Process remains one of the best examples of a multi-stakeholder formation. Over the last ten years, the nature of conflicts has also change. Some protracted conflicts, which existed at the time of the formation of the KP are a thing of the past and there are countries which were part of the reasons for the creation of the KP that are now enjoying peace and stability. The KP has been successful in reducing the trade in conflict diamonds and it has also had a significant developmental impact in improving the lives of people dependent of the trade in diamonds. The KP has thus, in its own way and within its existing mandate, contributed to the resolution of these conflicts. This has been recognised by the United Nations General Assembly and the Security Council, which have endorsed the KP as a legitimate partner in contributing to conflict prevention, management, resolution and development. Conflicts do however persist and diamonds do continue to fuel some of these conflicts. While the United Nations Security Council has the primary mandate to maintain international peace and security, the KP
  • 3.     3   can play its part in assisting countries emerge from war. Through its certification of rough diamonds in countries emerging from conflict, the KP can also continue to assist in the post conflict reconstruction and development in these countries. The challenge remains maintaining the relevance of the Scheme and ensuring that it remains a credible tool in cleaning up the industry and also in improving its effect on the livelihoods of people. Over the course of this year and especially since the intersessional in June, we set ourselves the task of intensifying our reform efforts to continue to make the KP relevant and credible. The different working groups have been extremely busy over the last few months and we look forward to considering their reports and proposed decisions particularly on reform proposals. We have to however recognise the reality that the very nature of our composition results in multiple challenges, which weigh on us differently. Each of our three stakeholders has particular challenges which makes moving forward all the more difficult. Governments have to regulate the mineral resources of countries including guaranteeing that imports are conflict free. Some Governments have capacity constraints in putting in place such regulatory mechanisms. The industry faces severe difficulties following the global financial crisis and ensuing depression. While traditional markets for diamonds
  • 4.     4   are shrinking, there is a ray of hope as emerging economies provide an opportunity for the industry to flourish. Ultimately, we all have to ensure that through the certification process, that at the end of the value chain in the diamond industry, the products that reach consumers are not tainted as being conflict diamonds. We have to continue to remove the last stain of blood to return the diamond to its former symbol of love and affection. We must continue to do this through the tireless efforts of the KP’s Working Groups. Africa will continue to remain a major player in the world diamond industry, as more diamond deposits are being made. We have to draw these new diamond producers into the KP family. Legally mined diamonds can be a valuable asset that contributes to Africa’s growth. The industry has an important contribution to make in ensuring that there are beneficiation and value-added industries on the African Continent. It is through building these industries and developing these countries, can the clear cost-benefit of averting conflict and ensuring economic growth and development. The role of civil society in the KP is appreciated. Civil society organisations have played an important role in raising awareness on the role of diamonds in fuelling conflicts. In the same manner as all other stakeholders, Civil Society needs to act responsibly and work together with countries concerned to ensure that we are able to avoid
  • 5.     5   misunderstandings and march in unison in fulfilment of our common mandate. It would be recalled that the intersessional in June tasked the Chair with the responsibility of examining the vexed matter of the definition. As you would no doubt imagine, this has not been an easy task as there are so many competing interests. Consultations on this matter will continue but we must remember that at the end of the day, if we are to move forward on the matter of the definition, the solution lies with agreement among all of you as members of the KP. To do this, we must work together to find solutions. Maintaining hardened positions without any willingness to compromise and find mutually beneficial solutions will not help. When dealing with the definition, we have to recognise the role and limitations of the KP, otherwise we will be taking on much more than we are mandated to bear. To keep the KP relevant and effective, the focus should be on implementation of our existing mandate, such as following up on outcomes of review visits, and assistance we can provide to countries their compliance capabilities. The KP was created, for a specific purpose to address the trade in conflict diamonds. The KP was not created to end conflict, or to end human rights abuses or to take retributive action against sovereign states. Other mechanisms existed exist in the international system for addressing these challenges.
  • 6.     6   The United Nations Security Council has the mandate to address the maintenance of international peace and security. The UN Human Rights Council has a specific mandate relating to human rights. These bodies should be employed to address specific concerns relating to their respective competencies. The KP too should be utilised to address its specific purpose. The issues identified as weaknesses of the KP must be raised in forums with mandates and capacity to ensure genuine solutions. If the KP is afforded responsibilities that it is unable to implement, it will threaten its very credibility and existence. The KP Review Committee (CKR) has been working on a reform programme. The Plenary needs to study these proposals. When considering the recommendations on the future of the CKR, we need to ensure that any decision considers how we revitalise the KP structures, in consistence with its mandate. We must bear in mind that the KP should work in partnership and in a complimentary manner with all international organs that have the requisite mandate, resources and expertise to address the common challenges we face. As South Africa hands over the Chair of the Kimberley Process to the People’s Republic of China, we do so with all the confidence that the work we have been doing, particularly on strengthening of internal controls and mechanism could be able to move forward. In conclusion, we would like to congratulate the European Union for its decision to lift sanctions on Zimbabwe. We hope that those that
  • 7.     7   continue to maintain sanctions would also be able to lift them because the lifting of sanctions would assist Zimbabwe regain stability and prosperity once again which will also benefit the wider region, a better Africa in, a safe and secure world.