In recent years consumers, NGOs, and governments alike have become increasingly concerned about the problem of `conflict¿ or `blood¿ diamonds in relation to on-going armed conflicts in Angola, Sierra Leone, and the Democratic Republic of Congo (DRC). Allegations by NGOs, governments and the UN that many conflicts are fuelled by illicit exports of diamonds have begun to be acknowledged by the diamond industry. Diamonds, and the money they generate, have been used to purchase arms, ammunition, uniforms and other equipment, as well as to pay soldiers and to cultivate strategic alliances for those armed groups in control of territory rich in this lucrative resource. This has facilitated the intensification and protraction of violent conflicts in Africa. Additionally, the wealth to be gained from the illicit extraction and sale of diamonds has contributed to the prominence of economic agendas in many civil wars that motivate faction leaders to continue the conflict in order to protect their businesses.1 For example, the Angolan rebel group UNITA (União Nacional para a Inedepência Total de Angola) is believed to have received US$3.7 billion in a six year period during the 1990s - a far greater amount than the foreign aid received from patrons like the United States and South Africa during the Cold War. This money has both funded large scale arms purchases and swelled the personal coffers of UNITA leaders, thereby contributing to the intransigence of those leaders in agreeing and implementing peace and facilitating continued violence.2 In Sierra Leone the Revolutionary United Front (RUF) has funded its arms acquisitions with illicit diamond revenues and the extraction of diamonds is seen as one of the main factors behind the lack of implementation of the Lomé peace accord and the subsequent resurgence of violence. In the Democratic Republic of Congo (DRC) both the government and rebel forces have financed their war efforts through the diamond trade, as have some of the intervening regional powers. As a result the fighting around diamond rich areas and trading centres has been particularly intense. For example, in spite of a unilateral ceasefire declared by Rwanda on the 29th of May 1999, it is believed to have sent 7,000 fresh troops to the DRC in June as the battle for the diamond rich area of Mbuji-Mayi escalated. However the prominence of `conflict diamonds¿ in the policy discourse related to these conflicts and their resolution has served to obscure a range of other issues which are equally, if not more, central to finding lasting solutions to these wars. In spite of the fact that the arms flows which sustain these conflicts are only partly financed by `conflict diamonds¿ they are often only mentioned as one aspect of the illegal diamond trade rather than as a core issue. Even more concerning, perhaps, is that the discourse of `greed¿ rather than `grievance¿ as the foundation and driving force of conflicts obscures the complexity of political, social, and other economic dimensions of these wars. Thus, while efforts to reduce the conflict diamond trade may be an essential element of the resolution of these conflicts, other factors of potentially greater import are pushed down the agendas of many of the governments and NGOs whose input into those processes may be the key to success. In short, therefore, the issue 2 of conflict diamonds is one aspect of the complex dynamics and processes of ongoing African conflicts, not vice-versa.

The Kimberley Process Certification Scheme was born out of international security concerns triggered by rebel groups that were using the proceeds of rough diamonds to fund conflict. Rebel groups used rough diamonds, acquired through gross human rights abuses, to fund conflicts aimed at overthrowing legitimate governments. The situation was particularly calamitous and ruinous in Angola, Sierra Leone, Liberia and the Democratic Republic of the Congo. In response to this situation a unique coalition of governments, civil society groups and stakeholders in the diamond industry, came together with the support of the United Nations and established a scheme to separate illicitly acquired diamonds from legally traded diamonds. The historical situation at the time allowed the KPCS to define conflict diamonds as "rough diamonds used by rebel movements or their allies to finance conflict aimed at undermining legitimate governments". However, the exploitation of Marange diamonds in Zimbabwe shows that the use of the proceeds of so-called conflict in diamonds is not limited to rebel movements aiming to wield power but such conflict can be political, economic and military in nature. In Zimbabwe, there was a link between human rights abuses and the ZANU PF led government. ZANU PF financed terror using Marange diamonds. There was international dissatisfaction with the way the KPCS scheme certified Marange diamonds. The USA maintained sanctions on Zimbabwe and Global Witness withdrew from the scheme in protest over the refusal of the scheme to evolve. On the other hand, some participant countries applauded the scheme for its work in certifying Marange diamonds. This study evaluates the efficacy of the scheme in curbing conflict diamonds brought into legal trade by legitimate governments. The study concludes that there is need for reform in the KPCS to successfully separate conflict diamonds from clean diamonds in the face of changing forms of conflict. In meeting its objective, the KPCS applies an exclusion mechanism where participants of the scheme do not trade with non-participants. The World Trade Organisation (WTO) rules prohibit discrimination amongst participants and the KPCS clearly violated this rule. Scholars have debated human rights exceptions in the General Agreement on Tariffs and Trade (GATT). There is strong legal support for the idea that the KPCS is justified under GATT article XX and XI. The KPCS is presently operating under a waiver granted from by the WTO under article IX (3) and (4). Another challenge the scheme faces is the legal nature of the scheme. Scholars do not agree on whether to classify the scheme as hard law or soft law. There is a need for clarity on the legal nature of the scheme. / LLM (Import and Export Law), North-West University, Potchefstroom Campus, 2014

The Kimberley Process Certification Scheme was born out of international security concerns triggered by rebel groups that were using the proceeds of rough diamonds to fund conflict. Rebel groups used rough diamonds, acquired through gross human rights abuses, to fund conflicts aimed at overthrowing legitimate governments. The situation was particularly calamitous and ruinous in Angola, Sierra Leone, Liberia and the Democratic Republic of the Congo. In response to this situation a unique coalition of governments, civil society groups and stakeholders in the diamond industry, came together with the support of the United Nations and established a scheme to separate illicitly acquired diamonds from legally traded diamonds. The historical situation at the time allowed the KPCS to define conflict diamonds as "rough diamonds used by rebel movements or their allies to finance conflict aimed at undermining legitimate governments". However, the exploitation of Marange diamonds in Zimbabwe shows that the use of the proceeds of so-called conflict in diamonds is not limited to rebel movements aiming to wield power but such conflict can be political, economic and military in nature. In Zimbabwe, there was a link between human rights abuses and the ZANU PF led government. ZANU PF financed terror using Marange diamonds. There was international dissatisfaction with the way the KPCS scheme certified Marange diamonds. The USA maintained sanctions on Zimbabwe and Global Witness withdrew from the scheme in protest over the refusal of the scheme to evolve. On the other hand, some participant countries applauded the scheme for its work in certifying Marange diamonds. This study evaluates the efficacy of the scheme in curbing conflict diamonds brought into legal trade by legitimate governments. The study concludes that there is need for reform in the KPCS to successfully separate conflict diamonds from clean diamonds in the face of changing forms of conflict. In meeting its objective, the KPCS applies an exclusion mechanism where participants of the scheme do not trade with non-participants. The World Trade Organisation (WTO) rules prohibit discrimination amongst participants and the KPCS clearly violated this rule. Scholars have debated human rights exceptions in the General Agreement on Tariffs and Trade (GATT). There is strong legal support for the idea that the KPCS is justified under GATT article XX and XI. The KPCS is presently operating under a waiver granted from by the WTO under article IX (3) and (4). Another challenge the scheme faces is the legal nature of the scheme. Scholars do not agree on whether to classify the scheme as hard law or soft law. There is a need for clarity on the legal nature of the scheme. / LLM (Import and Export Law), North-West University, Potchefstroom Campus, 2014

The objective of this diploma thesis is to bring different views on the issue of resource dependence and the origins of conflicts connected to the diamonds from Sub-Saharan Africa; and to point out on the existence of conflict diamonds and the disinterest of international forum to solve this problem in the present and in the past. The diploma thesis consists of three chapters. First chapter analyses the resource dependence, conflict and the connection between them. Second chapter is focused on the definition of conflict diamonds, international initiatives and Kimberley Process. Third chapter represents the practical part of this diploma thesis, it analyses two conflicts connected to diamonds, the conflict in Angola and in Sierra Leone.

MA / Thesis (MA (Political Science))--University of Stellenbosch, 2010. / ENGLISH ABSTRACT: Consumers are gradually becoming influential actors in the international arena. The 21st century consumer has taken on a new identity, namely that of a citizen-consumer. A rising awareness of the importance of ethical purchasing behaviour has made political citizen-consumers a vehicle through which change in normative behaviour in the capitalist world economy could be attained. Activists have realised the support that political consumers could give to campaigns that strive to achieve norm change. Consumers have the power to hold multinational corporations (MNCs) accountable for unjust practices, and through their purchasing decisions, pressure MNCs to change the manner in which they operate. In order to determine to what extent political consumerism could contribute to international norm change, one has to understand how norms emerge, when norms are accepted and at which point norms become internalised. The theoretical framework of the life-cycle of norms is ideal to test the possibilities that political consumerism holds in the quest for norm change. The application of norm life-cycle framework to case studies provides evidence that political consumerism has already announced itself as a vehicle for change. Campaigns such as the conflict diamonds campaign and the Fair Trade movement have already successfully co-opted consumers to support the goals of these campaigns and have achieved some results in changing the behaviour and policies of MNCs. Political consumers have therefore already embarked on the journey towards norm change, but have not yet been able to bring the norm to internalisation. The study determines which stage in the norm life-cycle political consumerism has managed to reach. Related to this, it asks whether it is in fact possible for activists and political consumers to complete the norm life-cycle and thereby effect norm change to enhance capacity for social justice in capitalism. The study also concerns itself with the persuasion strategies that have been used and could still be used by activists to pursue change in the normative behaviour of consumers and MNCs. Persuasion is central to convincing actors to accept and internalise a new norm. The study situates these persuasion strategies within the norm life-cycle, in order to identify the challenges facing the consumer movement and possible solutions to assist political consumerism to reach its full potential. / AFRIKAANSE OPSOMMING: In die internasionale arena het verbruikers gaandeweg die rol van invloedryke akteurs begin aanneem, naamlik dié van burgerlike-verbruikers. ‘n Toenemende bewustheid van die belangrikheid van etiese aankope het gedurende die 21ste eeu die politieke burgerlike-verbruiker in ‘n akteur omskep, wat normatiewe verandering in die kapitalistiese globale ekonomie te weeg kan bring. Aktiviste het besef dat politieke verbruikers steun aan veldtogte kan verleen wat na norm verandering streef. Omdat verbruikers oor die vermoë beskik om multi-nasionale korporasies (MNKs) vir onregverdige gebruike aanspreeklik te hou deur aankoop besluite, kan hul sodoende MNKs dwing on hul gebruike te verander. ‘n Begrip van die ontstaan en aanvaarding van norme, kan ook help om vas te stel tot watter mate politieke verbruiking tot internasionale norm verandering bydra. Die teoretiese raamwerk van die lewens-siklus van norme is ideaal om die potensiaal van politieke verbruiking te toets. Die toepassing van die norm lewens-siklus op gevallestudies bewys dat politieke verbruiking alreeds as ‘n middel vir verandering uitgekristaliseer het. Veldtogte, soos die konflik diamante veldtog en die “Fair Trade” beweging, het alreeds daarin geslaag om verbruikers te werf om die doelwitte van hierdie veldtogte te steun. Hierdie veldtogte het sodoende daarin geslaag om die verandering van MNKs se gedrag en beleid te bewerkstellig. Politieke verbruikers het hul reeds met die veldtog geassosieer om norm-verandering te laat plaasvind. Die studie het bepaal watter stadium in die norm lewens-siklus politieke verbruiking reeds bereik het, asook of dit moontlik vir aktiviste en verbruikers is om die siklus te voltooi en norm-verandering te laat plaasvind. Hierdie norm-verandering sal ook die vermoë vir die sosiale regverdiging van die kapitalistiese stelsel verbeter. Die studie het ook die aktiviste se oorredingstrategië uiteengesit, asook watter strategië in die toekoms kan gebruik word om die normatiewe gedrag van verbruikers en MNKs te verander. In die aanvaarding van nuwe norme speel oorreding ‘n belangrike rol. Die studie plaas daarom hierdie oorredingstrategië binne die norm lewens-siklus, sodat dit die uitdagings kan identifiseer wat die verbruikers-beweging in die gesig staar. Dit sal daarom vir die studie moontlik maak om werkbare opplossings voor te stel, wat politieke verbruiking tot sy volle potensiaal kan voer.

The United States jewelry industry recognized that the illegal import and trade of conflict diamonds is a matter of serious international and national concern, leading to human rights abuse. As such, human rights and conflicts became the primary impetus for establishing the Kimberly Process (KP) and corporate social responsibility (CSR) policies. The purpose of this quantitative study was to investigate the effectiveness of the KP and CSR policies in deterring the use of conflict diamonds in the U.S. jewelry industry. This study was an investigation as to whether conflict diamonds are entering the U.S. jewelry supply chain and a review of the ethics of the U.S. jewelry industry in light of the conflict diamond issue. Conflict theory provided the theoretical framework used to gather data on conflict diamond protocols and on corporate social responsibilities within the U.S. jewelry industry. The sample was composed of 59 randomly selected participants from the U.S. jewelry industry whose opinions were indicative of that industry. Data were analyzed descriptively and inferentially. Multiple statistical tests were used for the data analysis that included regression and the Mann-Whitney U test. The overall results indicated that the KP and the CSR policies were insignificant in deterring the use of conflict diamonds in the U.S. jewelry industry; therefore, the null hypothesis was retained. This study contributed to a better understanding of the ethical dimensions of conflict diamonds and the committed management practices of the U.S. jewelry industry. Positive social change can be realized when respect for fundamental human rights is achieved by the global diamond industry and becomes a requisite foundation for every society to bring an end to the flow of conflict diamonds.

Diamonds have played a dual role in society since their discovery. On the one hand, they have brought smiles to the faces of many exhibiting love, beauty, wealth and brilliance. On the other hand, they have been at the heart of many conflicts. This juxtaposition has different impacts in usage. For those whom diamonds were a positively and morally accepted benefit, it did not present problems. Where diamonds spurned conflicts, it caused harm to lives and territories. Human rights abuses became the cause of international conflicts. Humanitarian interventions appeared on the United Nations Security Council agenda. The United Nations had to address the human rights abuses and had to confront the escalation of human rights abuses. Human rights abuses reached significant proportions forcing the application of humanitarian intervention mechanisms. Control of the diamond trade industry was fast becoming an item on many international peace keeping agendas. International organisations such as the World Trade Organisation, the International Criminal Court, the African Union, the European Union, the World Diamond Council and the United Nations have all tried to influence the diamond trade and its consequential impact upon human rights. These organisations are regulated by law, making them a preferred mechanism for establishing accountability for human rights abuse, arising from the illegal trade in rough diamonds and the maintenance of peace and security.Pressed by the United Nations and, De Beers; NGOs; the Partnership Africa Canada and Global Witness; the World Diamond Council; and many States initiated a formalised voluntary international certification scheme for the export and import of diamonds. Thisinternational certification scheme for the trade of rough diamonds became known as the Kimberley Process Certification Scheme. The Kimberley Process Certification Scheme has been hailed as a milestone in the diamond trade industry. Simultaneously, the Certification Scheme has been criticised for its inefficacy in regulating the legitimate trade of rough diamonds. Whether the Certification Scheme in its present form is suitable to address the crisis in the trade of rough diamonds is central to this study. Thus, the characterisation, monitoring, implementation and evolution of the Kimberley Process Certification Scheme will be examined. / Jurisprudence / LLD

Established in 2003, the Kimberley Process (KP) is a binding agreement; backed by the United Nations, that unites civil societies, state actors and the diamond industry to safeguard ‘conflict' diamonds from entering legitimate rough diamond trade around the world. The unique international tripartite organization is voluntary but mandates state participants to abide by the Kimberley Process Certification Scheme (KPCS) minimum requirements in order to stem the financing or wars against legitimate governments. This study represents the first to explore the communications within the KP. The linguistic turn relies on Classical rhetoric theory with an emphasis on Aristotle's three appeals of persuasion (“pisteis”): ethos, logos and pathos of elite actors in the KP. As for the precise nature of the contribution to rhetorical analysis, this project is best characterised as an application of Classical principals of rhetorical analysis, rather than as a development of theory. A comprehensive literature review of the KP and KPCS is another distinctive contribution. Furthermore, this academic endeavour offers a unique method as shown in the observation of a KP Intersessional meeting. Supplementing the qualitative inquiry, semi-structured interviews were conducted with all of the KP groups and included a wide sample of civil society international and national non-government organizations, state actors and industry members otherwise not represented in previous empirical efforts on the subject. The data chapters achieve the primary aim to add to the understanding of the KP. Firstly, the civil societies engage in boycott rhetoric using ethos and negative pathos. As for state actors, the KP Chair exhibits charismatic leadership rhetoric, while ‘recognized' established states use logical reasoning, the ‘outlier' states evoke positive pathos. Lastly, the diamond industry experts appeal to negative emotions, the World Diamond Council to logos, and De Beers to positive emotional appeals. Combined, the rhetoric shows (a) how KP rhētors use different rhetorical strategies; (b) which in turn shape distinct discourses; (c) and contain dissimilar claims; (d) points to different motivations; (e) highlight different identities; (f) reveal key characteristics, and; (g) the nature of relationships within the KP. The organization rhetorical analysis also entails how the multiple KP leaders view the KP and KPCS and change. While the rhetoric helps demonstrate the constraints surrounding the KP and KPCS it also underlines the primary human rights and human security in which they all share. This thesis provides an extended critical view of the rhetoric by connecting Aristotelian pisteis with different conceptions of power outlined by French and Raven (1959) and Lukes (2005/1974). Combined, the rhetoric helps to explain the ways the KP attempts to achieve their specific political and economic goals while also building relationships with their stakeholders. Rhetoric is a worthwhile theory and methodological approach in order to explore organizations. The KP, and other international organizations provide an opportune arena for further rhetorical attention.

Diamonds have played a dual role in society since their discovery. On the one hand, they have brought smiles to the faces of many exhibiting love, beauty, wealth and brilliance. On the other hand, they have been at the heart of many conflicts. This juxtaposition has different impacts in usage. For those whom diamonds were a positively and morally accepted benefit, it did not present problems. Where diamonds spurned conflicts, it caused harm to lives and territories. Human rights abuses became the cause of international conflicts. Humanitarian interventions appeared on the United Nations Security Council agenda. The United Nations had to address the human rights abuses and had to confront the escalation of human rights abuses. Human rights abuses reached significant proportions forcing the application of humanitarian intervention mechanisms. Control of the diamond trade industry was fast becoming an item on many international peace keeping agendas. International organisations such as the World Trade Organisation, the International Criminal Court, the African Union, the European Union, the World Diamond Council and the United Nations have all tried to influence the diamond trade and its consequential impact upon human rights. These organisations are regulated by law, making them a preferred mechanism for establishing accountability for human rights abuse, arising from the illegal trade in rough diamonds and the maintenance of peace and security.Pressed by the United Nations and, De Beers; NGOs; the Partnership Africa Canada and Global Witness; the World Diamond Council; and many States initiated a formalised voluntary international certification scheme for the export and import of diamonds. Thisinternational certification scheme for the trade of rough diamonds became known as the Kimberley Process Certification Scheme. The Kimberley Process Certification Scheme has been hailed as a milestone in the diamond trade industry. Simultaneously, the Certification Scheme has been criticised for its inefficacy in regulating the legitimate trade of rough diamonds. Whether the Certification Scheme in its present form is suitable to address the crisis in the trade of rough diamonds is central to this study. Thus, the characterisation, monitoring, implementation and evolution of the Kimberley Process Certification Scheme will be examined. / Jurisprudence / LLD