blood diamond final

8/3/2019 Blood Diamond Final

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DR. RAM MANOHAR LOHIA

NATIONAL LAW UNIVERSITY

ENGLISH-II

FINAL DRAFT: BLOOD DIAMOND

SUBMITTED TO: SUBMITTED BY:

MS. ALKA SINGH JYOTSANA RAMAN

ASSISSTANT PROFESSOR B.A.LL.B (HONS.)

RMLNLU SEMESTER-II

SECTION- A

ROLL NO.: 64


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CONTENTS

1. Acknowledgement2. Aim of the project3.

Statement of the problemi. What is a blood diamond?ii. How can a conflict/conflict diamond be distinguished from a legitimate

diamond?

iii. Fuelling warsiv. Loss of childhood

4. Steps taken to curb the trading of blood diamond5. Steps taken by United Nations6. Status of conflict/blood diamond in SierraL eon7. Conceptual framework8. Research questionnaire9. Bibliography


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ACKNOWLEDGEMENT

This project owes its completion to many people, to enlist their contribution is beyond my

personal capacity but to acknowledge their effort is practicable.

First of all I would like to thank Ms. Alka Singh for her suggestions and guidance which only a

teacher of true genius could have imparted, without whose help my project would not have

been complete.

I would also like to thank the library staff of RMLNLU for providing relevant study material

for my research. Last but not the least I would like to thank my family and friends for their

constant support and motivation.

Jyotsana Raman

B.A.LL.B (HONS.)

Semester- II

Section-A


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BLOOD DIAMOND

AIM OF THE PROJECT: To highlight the pathetic condition of the children and people

involved in the industry of blood diamond or sometimes known as conflict diamond in third

world countries like Sierra Leon, Liberia,Congo Republic and other Civil War affected zones

in South Africa.

STATEMENT OF THE PROBLEM:

What is blood diamond?-Blood or Conflict diamonds are diamonds that originate from

areas controlled by forces or factions opposed to legitimate and internationally recognized

governments, and are used to fund military action in opposition to those governments, or in

contravention of the decisions of the Security Council.

How can a conflict/conflict diamond be distinguished from a legitimate diamond?- A well-

structured 'Certificate of Origin' regime can be an effective way of ensuring that onlylegitimate diamonds -- that is, those from government-controlled areas -- reach market.

Additional controls by Member States and the diamond industry are needed to ensure that

such a regime is effective. These measures might include the standardization of the

certificate among diamond exporting countries, transparency, auditing and monitoring of

the regime and new legislation against those who fail to comply.

Fuelling wars :Rough diamond caches have often been used by rebel forces to finance arms

purchases and other illegal activities. Neighbouring and other countries can be used as

trading and transit grounds for illicit diamonds. Once diamonds are brought to market, their

origin is difficult to trace and once polished, they can no longer be identified.

Loss of childhood: With the growing demand of diamonds in developed countries like those

in North America and Europe the pressure to produce more diamonds is increasing in the

third world countries. Irrespective of the age and capability many people are involved in the

dangerous activity of procuring diamonds from the diamond mines in these war affected

zones. Even kids as young as 2-3 years are taken up for working in those dark, dangerous

and hazardous mines which has taken lives of many young children and has resulted in loss

of childhood of these children. Hardly any of these children get an opertunity to go to school

to enjoy their childhood to any level. Their all life revolves around in and out of these

diamond mines. Even the elder people who work in these mines work under very hazardous

conditions. These mines have claimed lives of many people and orphaned kids in countries

like Sierra Leon, A ngloa and Liberia.

Steps taken to curb the trading of Blood diamonds: On 1 December 2000, the United

Nations General Assembly adopted, unanimously, a resolution on 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 (A/RES/55/56). In

taking up this agenda item, the General Assembly recognized that conflict diamonds are a

crucial factor in prolonging brutal wars in parts of Africa, and underscored that legitimate

diamonds contribute to prosperity and development elsewhere on the continent. In Angola


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and Sierra Leone, conflict diamonds continue to fund the rebel groups, the National Union

for the Total Independence of Angola (UNITA) and the Revolutionary United Front (RUF),

both of which are acting in contravention of the international community's objectives of

restoring peace in the two countries.

The international diamond industry is already taking steps to respond, such as the adoption

by the World Diamond Congress, Antwerp, 19 July 2000, of a resolution which, if fully

implemented, stands to increase the diamond industry's ability to block conflict diamonds

from reaching market. Other efforts include the launching, at the initiative of African

diamond-producing countries, of an inclusive, worldwide consultation process of

Governments, industry and civil society, referred to as the Kimberly Process, to devise an

effective response to the problem of conflict diamonds.

Steps taken by United nations: The tragic conflicts in Angola and Sierra Leone, fuelled by

illicit diamond smuggling, have already led to action by the Security Council. Under Chapter

VII of the United Nations Charter, targeted sanctions have been applied against UNITA in

Angola and the Sierra Leone rebels, including a ban on their main source of funding -- il licit

diamonds. Diamond sanctions have also been applied against Liberia but are not yet ineffect.

Status of conflict diamonds in Sierra Leon: In July 1999, following over eight years of civil

conflict, negotiations between the Government of Sierra Leone and the Revolutionary

United Front led to the signing of the Lome Peace Agreement under which the parties

agreed to the cessation of hostilities, disarmament of all combatants and the formation of a

government of national unity. The United Nations and the Economic Community of West

African States (ECOWAS) helped facilitate the negotiations. In resolution 1270 of 22 October

1999, the Security Council established the United Nations Mission in Sierra Leone

(UNAMSIL) to help create the conditions in which the parties could implement the

Agreement. Subsequently, the number of personnel were increased and tasks to be carriedout by UNAMSIL adjusted by the Council in resolutions 1289 of 7 February 2000 and 1299 of

19 May 2000, making UNAMSIL the largest peacekeeping force currently deployed by the

United Nations.

Following international concern at the role played by the il licit diamond trade in fuelling

conflict in Sierra Leone, the Security Council adopted resolution 1306 on 5 July 2000

imposing a ban on the direct or indirect import of rough diamonds from Sierra Leone not

controlled by the Government of Sierra Leone through a Certificate of Origin regime. An

arms embargo and selective travel ban on non-governmental forces were already in effect

under resolution 1171 of 5 June 1998.

On 31 July and 1 August 2000, Ambassador Anwarul Karim Chowdhury, Chairman of the

Security Council Committee established pursuant to resolution 1132 (1997) concerning

Sierra Leone, presided over the first ever exploratory public hearing by the Security Council

in New York. The hearing was attended by representatives of interested Member States,

regional organizations, non-governmental organizations, the diamond industry and other

relevant experts. The hearing exposed the link between the trade in illicit Sierra Leone


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diamonds and trade in arms and related materiel. The ways and means for developing a

sustainable and well-regulated diamond industry in Sierra Leone were also discussed.

As called for by resolution 1306 of 5 July 2000, the Secretary-General, on 2 August 2000,

established a Panel of Experts, to collect information on possible violations of the arms

embargo and the link between trade in diamonds and trade in arms and related materiel,

consider the adequacy of air traffic control systems in the West African region for the

purpose of detecting flights suspected of contravening the arms embargo, and report to the

Council with observations and recommendations on ways of strengthening the arms and

diamonds embargoes no later than 31 October 2000. The Chairman of the Panel was Martin

Chungong Ayafor (Cameroon). The other members were Atabou Bodian (Senegal), Johan

Peleman (Belgium), Harjit Singh Sandhu (India) and Ian Smillie (Canada). The Panel

submitted its report to the Security Council on 19 December 2000 (S/2000/1195). On 25

January 2001 the Security Council, at its 4264th meeting, considered the report of the panel

of experts.

CONCEPTUAL FRAMEWORK: With the rise in standard of living of people, the trend of

wearing diamonds has risen, especially among the higher section of the society. The

diamond industry is flourishing in the global market at the cost of the lives of innocent kids

and people who never get their share after working very hard and making their life a hell.

RESEARCH QUESTIONAIRRE:

1. Why the dark world of these mines hidden from the first world countries?Ans. The people living in developed world while buying diamond hardly seem to bother

beyond the price of the diamond. Nobody seems to care for story behind all the glitter and

sparkle of the stone before buying it for their luxury or for their girlfriends. This fact of

ignorance has been the main reason behind the fact that the world of these dark mines is

hidden from the eyes of the people who buy them. And of all those diamonds brought into

these countries, not all of them pass through Kimberly process. This make it impossible to

recognise a blood diamond and a conflict free diamond.

2. What can be done to curb these small children from working in these hazardousmines?

Ans. The buyers of the diamonds should be made aware of all the consequences that

people working in the mines of conflict diamonds face. The pathetic condition of the

children who spent their entire childhood in panning for diamonds should be brought inlight to save them from further harm. Many of these children live in the Third World

countries with no access to education program. But with the help programs run by

UNICEF this problem can be overcome to a little extent by bringing some education

programs in these areas.

3. If this means of survival is taken away from the people involved in this field, whatshould be done to get them new jobs?


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Ans. Working in conflict diamond mines hardly gets these people any income. The

money generated from trading these diamonds is used in trading arms in these areas

which are already in state of unrest due to Civil War. If the people are stripped off this

job then there are other jobs available like farming, fishing, working in a small scale

industry and other such jobs.

RESEARCH METHODOLOGY:

A. COVERAGE: It covers the time of pre and post Civil War in third world countries andespecially Sierra Leon. When after the Civil War the demand of diamonds increased

as a means of employment.

B. DATA COLLECTION:(I) www.google.com(II) www.wikipedia.com(III) www.worldpress.org(IV) www.un.org(V) www.conflictdiamonds.org

C. ANALYSIS: According to UNICEF every child has a right to education and right to asafe environment. And in these countries both the rights are being violated, so some

serious action needs to be taken to help these kids in living their childhood and find

them some way to live their lives.

IMPLICATIONS: The chidren are the future of every nation. So, every nation should secure

the childhood of every child to help them become good human beings of the society and

become good human resource. Awareness should be created about these blood diamonds

and people should be encouraged to buy conflict free diamonds.


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BIBLIOGRAPHY

Websites referred:

(I) www.google.com(II) www.wikipedia.com(III) www.worldpress.org(IV) www.un.org(V) www.conflictdiamonds.org


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