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16 Loy. U. Chi. Int'l L. Rev. 115 (2020)
The Kimberley Process' Legacy: How the 2000 Certification Process for Conflict-Free Diamonds Can Help Solve Contemporary Human Rights Violations within the Cobalt & Coltan Mining Industries

handle is hein.journals/intnlwrv16 and id is 123 raw text is: 






      THE   KIIBERLEY PROCESS' LEGACY: How                THE  2000
    CERTIFICATION PROCESS FOR CONFLICT-FREE DIAMoNDS
       CAN   HELP   SOLVE CONTEMPORARY HUMAN RIGHTS
          VIOLATIONS WITHIN THE COBALT & COLTAN
                          MINING INDUSTRIES

                              Claire Henleben


I.  Introduction

  One  might  speculate that a country rich in natural resources - such as oil,
timber, or minerals - would be well off and that its people would prosper given
the country's wealth. However, this is not the reality in many countries where
these riches abound; the resource curse has cast its shadow over regions which
otherwise should have profited from their natural resources.' To blame for this
unexpected misfortune is often the same set of circumstances: civil war and gov-
ernment  overthrow coupled with the exploitation of a vulnerable population.2
This problem  resurges repeatedly in countries which meet these circumstances
and where the population extracts a material of value from the earth.3 This com-
ment  seeks to highlight past iterations of this phenomenon, analyze where and
how  prior solutions have gone wrong or made  headway,  and finally, to apply
those solutions to current resource crises in need of an effective solution.
   Although historical precedent details generations of the exploitation of natural
resource mining by those waging  war in developing nations, the issue did not
gain international attention or outrage until the 1990s and the beginnings of civil
war in Sierra Leone and Angola.4 Sierra Leone, as a country affected by the so-
named  resource curse, is rich in natural diamond stores beneath its soil, and yet is
not itself a wealthy nation.5 Exploitation of these diamond reserves first material-
ized in 1991 when the Revolutionary United Front (RUF) launched its violent
campaign  to overthrow the Sierra Leonean government.6 The  RUF,  in need of
funding for its fast-growing regime, turned to the country's diamonds as a read-

    I Ingrid J. Tamm, Dangerous Appetites: Human Rights Activism and Conflict Commodities, 26
Hum. RTS. Q. 687-704 (2004); Maarten Voors, Resource and Governance in Sierra Leone's Civil War,
53 J. OF DEV. STUD. 278, 280 (016).
    2 Katharina Wick & Erwin Bulte, The Curse of Natural Resources, I ANN. REV. OF RESOURCE
EcON. 139, 140-143 (009).
    3 Duncan Brack, The Growth and Control of International Environmental Crime, 112 ENV. HEALTH
PERSP. No. 2 A80-81 (2004).
    4 Philippe Le Billon, Diamond Wars? Conflict Diamonds and Geographies of Resource Wars, 98
 ANNALS OF THE Ass'N OF Am. GEOGRAPHERS 98:2, 345-72 (2008).
    5 Sigismond A. Wilson, Sierra Leone's Illicit Diamonds: The Challenges and the Way Forward, 76
 GEOJOURNAL 191-212 (2011).
    6 Id.

 Volume 16, Issue 1  Loyola University Chicago International Law Review  115

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