{"id":363,"date":"2019-10-14T15:56:19","date_gmt":"2019-10-14T15:56:19","guid":{"rendered":"http:\/\/thanassiscambanis.com\/sipa\/?p=363"},"modified":"2019-10-14T15:56:19","modified_gmt":"2019-10-14T15:56:19","slug":"how-gemfields-puts-the-blood-in-blood-red-rubies","status":"publish","type":"post","link":"http:\/\/thanassiscambanis.com\/sipa\/2019\/10\/how-gemfields-puts-the-blood-in-blood-red-rubies\/","title":{"rendered":"How Gemfields Puts the Blood in \u201cBlood Red\u201d Rubies"},"content":{"rendered":"<p><span style=\"font-weight: 400;\"><img loading=\"lazy\" decoding=\"async\" class=\"alignleft size-medium wp-image-455\" src=\"http:\/\/thanassiscambanis.com\/sipa\/wp-content\/uploads\/2019\/10\/Picture1-23-300x198.png\" alt=\"Picture1\" width=\"300\" height=\"198\" srcset=\"http:\/\/thanassiscambanis.com\/sipa\/wp-content\/uploads\/2019\/10\/Picture1-23-300x198.png 300w, http:\/\/thanassiscambanis.com\/sipa\/wp-content\/uploads\/2019\/10\/Picture1-23-768x507.png 768w, http:\/\/thanassiscambanis.com\/sipa\/wp-content\/uploads\/2019\/10\/Picture1-23.png 974w\" sizes=\"auto, (max-width: 300px) 100vw, 300px\" \/>BY JUANA LEE<\/span><\/p>\n<p><span style=\"font-weight: 400;\">The jewelry sector is a billion dollar business that rakes in almost USD $300 billion per year. As fine jewelry, such as gems, become the ultimate luxury commodity, consumers are increasingly aware of purchasing \u201cguilt-free\u201d or \u201cconflict-free\u201d jewelry. With more awareness on the brutal business of gem and diamond mining, consumers are now gravitating towards extraction companies that advertise the words \u201csustainable\u201d and \u201cethical.\u201d\u00a0<\/span><\/p>\n<p><span style=\"font-weight: 400;\">As a consumer who wants to purchase \u201cguilt-free\u201d gems, you may have heard about Gemfields Limited, a mining corporation that specializes in the mining and marketing of \u201csustainable and ethically sourced\u201d gems. Or, you may have watched <\/span><a href=\"https:\/\/www.nationalgeographic.com\/environment\/2019\/03\/partner-content-hidden-gems-helping-african-community\/\"><span style=\"font-weight: 400;\">National Geographic\u2019s most recent collaboration with Gemfields<\/span><\/a><span style=\"font-weight: 400;\">, a PR video that painted Gemfields\u2019 as a \u201chidden gem helping a remote African community to shine.\u201d As a gem connoisseur or even a casual consumer, one might believe Gemfields sells \u201cguilt-free\u201d gems. But if you do a little more digging, you may stumble upon <\/span><a href=\"http:\/\/www.mining.com\/wp-content\/uploads\/2019\/01\/gemfields-press-announcement-jan29-2019.pdf\"><span style=\"font-weight: 400;\">Gemfields\u2019 recent settlement<\/span><\/a><span style=\"font-weight: 400;\"> that paid $7.8 million USD to settle human rights abuses in Mozambique.<\/span><\/p>\n<p><span style=\"font-weight: 400;\">In January, I published a piece on <\/span><a href=\"http:\/\/blogs.cuit.columbia.edu\/rightsviews\/2019\/01\/20\/gemfieldss-quest-for-conflict-rubies-in-nthoro-mozambique\/\"><span style=\"font-weight: 400;\">Gemfields\u2019 quest for conflict rubies in Nthoro, Mozambique<\/span><\/a><span style=\"font-weight: 400;\">, as my contribution to improving corporate accountability in the extractive industry. With no field experience in Mozambique, I was limited to hours of research and an interview with Columbia University professor, Dr. Joanne Bauer. The release of my article coincided with a $7.8 million dollar payment to one hundred artisanal miners that accused Gemfields of torture, physical and sexaul abuse, and assault. Represented by the UK-based law firm Leigh Day, Gemfields agreed to a \u201cno admission of liability\u201d settlement to community members living near the Montepuez ruby mine in Mozambique. With the outcome of the case, I assumed compensation was a win for corporate accountability.<\/span><\/p>\n<p><span style=\"font-weight: 400;\">However, one month ago I was approached by Yianni Melas, the ex-Vice Chair of the International Colored Gem Association (ICA) Congress, about my article. Recently, Melas resigned as Vice Chair because ICA\u2019s annual Congress event was being anchor sponsored by Gemfields. This was when I knew Mozambique\u2019s ruby rush was bigger than just Gemfields. Instead of just one company, these human rights abuses involved a whole array of actors, including the Mozambican government. Yet there is still a blanket of silence draped over the gem industry. Why?<\/span><\/p>\n<p><span style=\"font-weight: 400;\">Even when there is clear evidence indicating that systematic human rights violations are occurring in ruby mines, actors that have a monetary stake in the gem business systematically ignore abuses occurring on the ground. This story unravels the messy connections between governments and private companies that protect the gem industry from accountability for its human rights abuses.<\/span><\/p>\n<p><span style=\"font-weight: 400;\">The most sought-after colour variety of ruby gemstones are called <\/span><i><span style=\"font-weight: 400;\">pigeon blood rubies <\/span><\/i><span style=\"font-weight: 400;\">because the colour of the ruby matches the color of blood drawn from a freshly killed pigeon. In Mozambique today, sadly, the blood spilled to get these rubies doesn\u2019t come from pigeons, but from human beings.<\/span><\/p>\n<p><span style=\"font-weight: 400;\">Drawing on Yianni\u2019s extensive network of gem specialists, geologists, businessmen and gem traders, we began to scour our contacts for more information about Gemfields and other related extractive companies. Our research proved far more difficult and complicated than I expected.<\/span><\/p>\n<p><b>How is Gemfields getting away with murder?<\/b><b><br \/>\n<\/b><span style=\"font-weight: 400;\">In November 2011, Gemfields won an exclusive 25-year mining license <\/span><span style=\"font-weight: 400;\">located in the northeast of Mozambique within the Cabo Delgado Province<\/span><span style=\"font-weight: 400;\"> to create Montepuez Ruby Mining (MRM), a joint venture between Gemfields and its Mozambican partner, Mwiriti Limitada. Since then, accusations of human rights violations ranging from murder, torture, sexual assault, and economic and social right abuses have been prevalent.\u00a0<\/span><\/p>\n<p><span style=\"font-weight: 400;\">But when consumers question the ethical standards of gems, it is easy for Gemfields to skirt the question of \u201cethical\u201d or \u201cguilt-free\u201d sourcing because it is generally difficult for gemologists to figure out where the gems came from &#8211; or what occurred in between the extraction and refinery process. According to a Hong Kong Tatler interview with Gemfields\u2019 gemologist Elena Basaglia, \u201cit shouldn\u2019t matter where a gemstone is from\u2026 if you really love a gemstone, don\u2019t overthink it.\u201d But international industry standards, and academics who study the mining industry, say the exact opposite: that you should care very much where a gemstone comes from.<\/span><\/p>\n<p><span style=\"font-weight: 400;\">On top of sourcing, verifying the traceability of the gem is even more problematic because companies, like Gemfields, are unwilling to invest in creating artisanal mining sites, systems of tracking or adding value closer to the point of extraction.\u00a0<\/span><\/p>\n<p><span style=\"font-weight: 400;\">But in order to improve sustainability, verifiability, traceability and ethical standards, the extraction sector has begun to realize that there must be a connection between on-the-ground mining resources and the big extraction companies. Supported by <\/span><a href=\"https:\/\/moyogems.com\"><span style=\"font-weight: 400;\">Moyo Gemstone Collaboration<\/span><\/a><span style=\"font-weight: 400;\">, an ethical gemstone collaboration between female artisanal gem miners, businesses can work hand-in-hand with local miners to \u201cwork safely, mine better, improve financial security and create stable and equitable markets for fair trade.\u201d<\/span><\/p>\n<p><span style=\"font-weight: 400;\">Alongside the <\/span><a href=\"https:\/\/www.kimberleyprocess.com\/\"><span style=\"font-weight: 400;\">Kimberley Process Certification Scheme (KPCS)<\/span><\/a><span style=\"font-weight: 400;\">, which was the first step to address the problem of conflict diamonds in the jewelry supply chain, the <\/span><a href=\"https:\/\/www.responsiblejewellery.com\/\"><span style=\"font-weight: 400;\">Responsible Jewellery Council (RJC) <\/span><\/a><span style=\"font-weight: 400;\">was formed in 2005 to create standards and certifications for jewelry practices \u2014 including human rights, labour rights, environmental impact, mining practices and product disclosure. Under the RJC\u2019s 2013 Code of Practices, companies must incorporate business responsibility to respect the United Nations Guiding Principles on Business and Human Rights, have a written policy on human rights, carry out human rights due diligence processes and have a remediation process for victims of human rights abuses. This questions Gemfields\u2019 gemologist\u2019s assertion that sourcing doesn\u2019t matter.\u00a0<\/span><\/p>\n<p><span style=\"font-weight: 400;\">According to <\/span><a href=\"https:\/\/www.forbes.com\/sites\/andreahill\/2019\/04\/26\/moyo-gemstone-responsible-jewelry-initiative\/#67bc0b233711\"><span style=\"font-weight: 400;\">Forbes<\/span><\/a><span style=\"font-weight: 400;\">, the RJC has done work to create standards and define practices, which is considered a good start for ethical mining. As stated in a Forbes\u2019 interview with Stewart Grice, VP of Mill and Refining for Hoover &amp; Strong, \u201cDon\u2019t let perfect be the enemy of good. Just start somewhere.\u201d\u00a0<\/span><\/p>\n<p><span style=\"font-weight: 400;\">But, Gemfields is not a member of the RJC &#8211; indicating that the provisions stated under RJC\u2019s Code of Practices are not prerequisite to Gemfields\u2019 Code of Conduct.\u00a0<\/span><\/p>\n<p><span style=\"font-weight: 400;\">As a company that champions itself as \u201ca world leading supplier in responsibly sourced coloured gemstones,\u201d Gemfields\u2019 recognition of human rights and ethical mining is already in question.\u00a0<\/span><\/p>\n<p><i><span style=\"font-weight: 400;\">Human Rights Violations\u00a0<\/span><\/i><\/p>\n<p><span style=\"font-weight: 400;\">In 2016, investigative journalist Estacio Valio wrote a piece on Gemfields\u2019 bloody ruby business titled \u201c<\/span><a href=\"https:\/\/mg.co.za\/article\/2016-03-11-00-moz-villagers-digging-for-rubies-shot-and-left-to-die-1\"><span style=\"font-weight: 400;\">Moz villagers digging for rubies \u2018shot and left to die,\u2019<\/span><\/a><span style=\"font-weight: 400;\">\u201d which discussed the intentional murders of artisanal miners by Gemfields.\u00a0<\/span><\/p>\n<p><span style=\"font-weight: 400;\">Since Gemfields has not cooperated with the local artisan mining associations to give land for locals to explore, hundreds of local miners die in the process of trying to get rubies illegally. With a national poverty rate of 41 to 45 percent, local artisanal miners are mining to survive. In an interview with Valio by Yianni, \u201cGemfields also refuses to buy from [artisanal miners.] There is no accountability or recognized association for the artisanal miners and they are killed&#8230; Justice must be pursued for these human rights violations.\u201d\u00a0\u00a0\u00a0<\/span><\/p>\n<p><span style=\"font-weight: 400;\">In one instance, Valio followed the story of Antonio Geronimo, an 18-year-old artisanal miner who was extracting rubies in Namanhumbir, Mozambique on MRM land. In order to keep the mine \u201csafe\u201d from illegal miners, Gemfields hired government security guards to protect the mine \u201cat all costs.\u201d While Geronimo was mining, he was attacked by Gemfields\u2019 \u201cenhanced security measures. According to fellow artisanal miners, \u201che dragged himself out of the ruby deposit and crawled for about 100m. Then he died.\u201d\u00a0<\/span><\/p>\n<p><span style=\"font-weight: 400;\">It is clear that mining on MRM territory is illegal, but the morality and ethical principles behind killing innocent artisanal miners is barbaric. In an interview with Yianni, he explained the situation:\u00a0<\/span><\/p>\n<p><span style=\"font-weight: 400;\">The real illegality isn\u2019t the people digging it, but it\u2019s the fact that Mozambican generals and politicians, through corruption, manage to control all the natural resources of the country. Starving people through corruption cannot compare to a father who is simply digging to feed his family who are dying. When corporate greed and politics plunder the natural resources of a country, and leave the common people to starve, it seems ironic to call [artisanal mining] a crime &#8211; it\u2019s not a crime to mine and do what\u2019s necessary to feed one\u2019s family.<\/span><\/p>\n<p><span style=\"font-weight: 400;\">According to the Director of the Montepuez Hospital, Dr. Salvador Jacinto, the result of illegal mining has been growing poverty and poor health amongst the families of illegal miners.\u00a0<\/span><\/p>\n<p><span style=\"font-weight: 400;\">In response to these gruesome and graphic testimonies, <\/span><a href=\"https:\/\/serve.mg.co.za\/content\/documents\/2016\/03\/15\/20160311gemfieldsplclettertomg.PDF\"><span style=\"font-weight: 400;\">Gemfields stated<\/span><\/a><span style=\"font-weight: 400;\"> that:\u00a0<\/span><\/p>\n<p><span style=\"font-weight: 400;\">The article presents, in a one-sided manner, preconceived views that simply do not correspond with the reality on the ground. Neither Gemfields nor MRM has ever sanctioned or condoned any such acts of violence, and would never tolerate conduct of that nature. The company is proud of its commitment to the responsible mining of coloured gemstones and is determined to transform the industry into one that is transparent, acts conscientiously and benefits all stakeholders, including local communities.<\/span><\/p>\n<p><span style=\"font-weight: 400;\">In a game of back-and-forth between Gemfields and investigative journalists with clear indications of human rights abuses on the ground, how can corporate accountability prevail?\u00a0<\/span><\/p>\n<p><i><span style=\"font-weight: 400;\">The Big Shots<\/span><\/i><\/p>\n<p><span style=\"font-weight: 400;\">In a multinational corporation like Gemfields, it is important to ensure the right CEO is running the company. Shareholders want the CEO to embody strategy, vision, culture and shareholder value to ensure that the goals and values of the company are met. But, Gemfields\u2019 choice as CEO doesn\u2019t fit that model.<\/span><\/p>\n<p><span style=\"font-weight: 400;\">Former CEO of BHP Billiton Ltd., acting CEO at Jupiter Mines Ltd., recently ex-CEO and now Chairman of Gemfields, Brian Gilbertson had his fair share of controversial press. <\/span><a href=\"https:\/\/www.smh.com.au\/business\/by-jupiter-former-bhp-boss-brian-gilbertson-might-be-preparing-for-a-return-to-the-asx-20170730-gxlvyv.html\"><span style=\"font-weight: 400;\">\u201cThe ego has landed<\/span><\/a><span style=\"font-weight: 400;\">\u201d is what former employees of BHP Billiton called Gilbertson when he landed his private helicopter. After his immediate resignation from BHP in 2004, after only six months at the job due to \u201cirreconcilable differences\u201d with the board, his endeavors expanded to other companies.\u00a0<\/span><\/p>\n<p>That same year, he formed Pallinghurst Resources LLP, a UK private equity firm investing in the mining industry with a primary listing on the Johannesburg Stock Exchange and a secondary listing on the Bermuda Stock Exchange. With an initial investment of US$150 million from his business partner Viktor Vekselberg, a Russian billionaire with longstanding ties to Russian president Vladimir Putin, he formed the company. But as a UK based company listed in Johannesburg and Bermuda Stock Exchange, Pallinghurst follows lax standards for disclosure, accountability and transparency, in comparison to the London Stock Exchange.<\/p>\n<p><span style=\"font-weight: 400;\">In 2007, Gilbertson negotiated to buy Faberg\u00e9 from Unilever for $38 million. But his business partner Viktor Vekselberg was not included in the deal. <\/span><a href=\"https:\/\/www.forbes.com\/sites\/extrahop\/2019\/03\/25\/the-5-cybersecurity-takeaways-from-gartners-nta-market-guide\/#104a470770fd\"><span style=\"font-weight: 400;\">After Vekselberg found out, he sued Gilbertson in the Cayman Islands and revoked his agreement with Gilbertson to install him as the chairman of the world\u2019s biggest aluminum corporation once Vekselberg finished merging Sual and Rusal<\/span><\/a><span style=\"font-weight: 400;\">. But the litigation did not stop Gilbertson from advancing the Faberg\u00e9 business. In 2013, Faberg\u00e9 completed its merger with Gemfields &#8211; a merger announced by his private equity mining giant, Pallinghurst.\u00a0<\/span><\/p>\n<p><span style=\"font-weight: 400;\">Since 2017, his son, Sean Gilbertson, was appointed as the new CEO of Gemfields and executive director of Pallinghurst. That same year, Faberg\u00e9 received an unsolicited takeover offer from Pallinghurst which, according to Jon Yeomans, journalist at the Telegraph, \u201chad UK investors reacting with fury to a <\/span><a href=\"https:\/\/www.telegraph.co.uk\/business\/2017\/05\/19\/investors-hit-back-brazen-takeover-bid-Faberg%C3%A9-owner-gemfields\/\"><span style=\"font-weight: 400;\">\u201cbrazen\u201d and \u201coutrageous\u201d takeover offer.\u201d<\/span><\/a><span style=\"font-weight: 400;\">As Brian Gilbertson rules over Gemfields and Pallinghurst, the limited transparency and accountability regarding the acquisition of Faberg\u00e9 is a clear conflict of interest.<\/span><\/p>\n<p><span style=\"font-weight: 400;\">To make the relationship more complicated, Faberg\u00e9 is a member of the previously mentioned RJC. The company is set to achieve RJC certification by April 2020, but Faberg\u00e9 does not mention human rights or ethical sourcing in its Code of Conduct. In addition, the gems extracted by Gemfields\u2019 mines, including blood red rubies, are seen in jewels crafted by Faberg\u00e9 &#8211; violating RJC\u2019s Code of Practices that are applicable to all RJC members.\u00a0<\/span><\/p>\n<p><span style=\"font-weight: 400;\">According to Gemfields\u2019 Group Limited, Dr. Christo Wiese, an investor and Director of Gemfields and one of the richest South African billionaires, owns 160,388,407 shares of Gemfields, equating to approximately 11.20 percent of the company. Yet, in 2018, the South African Revenue Service (SARS) filed a legal claim against him and former executives of a law firm ENSafrica for more than 217 million rand (~USD$16 million) in unpaid <\/span><a href=\"https:\/\/www.bloomberg.com\/news\/articles\/2018-07-19\/christo-wiese-part-of-16-million-claim-by-s-african-tax-agency\"><span style=\"font-weight: 400;\">taxes<\/span><\/a><span style=\"font-weight: 400;\">.<\/span><\/p>\n<p><span style=\"font-weight: 400;\">Evidently, several members of Gemfields\u2019 Executive Board have reputations for low standards of transparency, accountability and ethics &#8211; and this translates into their extractive practices on the ground.\u00a0<\/span><\/p>\n<p><b>The Mozambican Government: Gemstone Power and Politics\u00a0<\/b><\/p>\n<p><span style=\"font-weight: 400;\">Gemfields and Mwiriti Limitada currently control approximately 100,000 hectares of land in Mozambique &#8211; equating to half of New York City, or 300 Central Parks. Deep underneath Gemfields\u2019 bloody ruby-filed land, beautiful red rubies are surrounded by rough brown dirt. Out of the 100,000 hectares, MRM has a concession of approximately 300,000 hectares, which is one of the most extensive concessions granted to private interests anywhere in the world. According to The Extractive Industry Civil Coalition, the MRM mine has the potential to produce 40 percent of the world\u2019s total ruby output. In 2016, MRM dug more than 100 million dollars worth of rubies from the ground. But an investigative report by Valoi for <\/span><a href=\"https:\/\/foreignpolicy.com\/2016\/05\/03\/the-blood-rubies-of-montepuez-mozambique-gemfields-illegal-mining\/\"><span style=\"font-weight: 400;\">Foreign Policy<\/span><\/a><span style=\"font-weight: 400;\"> concluded damning evidence that \u201ca number of human rights concerns over violence and land rights associated with Gemfields\u2019 operations raised questions about their pledge of high ethical standards.\u201d\u00a0<\/span><\/p>\n<p><span style=\"font-weight: 400;\">Although the Gemfields paid $7.8 million in compensation for victims to put the human rights allegations to rest, there is a deep level of politicalization around gems that has not been talked about. Specifically, the clear collaboration between the Mozambican government and Gemfields. While MRM is 75 percent owned by Gemfields, Mwiriti owns the rest. To make things more complicated, Mwiriti is co-owned by army General Raimundo Domingos Pachinuapa, a senior member of the ruling Frelimo party.\u00a0<\/span><\/p>\n<p><span style=\"font-weight: 400;\">According to <\/span><a href=\"https:\/\/www.africaintelligence.com\/ION\/report\/mozambique_generals_frelimo_mining_industry?next=1&amp;print=1\"><span style=\"font-weight: 400;\">African Intelligence<\/span><\/a><span style=\"font-weight: 400;\">, the leading news source specializing in political and economic developments in Africa, in Mozambique, a circle of generals from the Frelimo party control all mining projects, especially those associated with precious rubies. After striking a deal with Gemfields, General Raimundo Domingos Pachinuapa began earning a percentage of every ruby sold, as long as he keeps locals in line. According to locals, \u201cPachinuapa has destroyed farms to clear the way for corporate mining and rendered artisanal miners unemployed.\u201d To make things worse, according to the International Association of Convention Centres (AIPC) and Africa Confidential, Samora Machel, the son of former president Samora Machel, sits on the board of Gemfields, as do many Frelimo bigwigs.\u00a0<\/span><\/p>\n<p><a href=\"http:\/\/www.eisourcebook.org\/cms\/February%202016\/Mozambique%20Mining%20Law%202014.pdf\"><span style=\"font-weight: 400;\">Article 13 of Mozambique\u2019s Mining Law<\/span><\/a><span style=\"font-weight: 400;\"> states that the Government is responsible for a) the protection and administration of the national heritage of mineral resources; and g) protecting the communities where mining activities are authorized and promote socio-economic development. But with the government\u2019s collaboration with Gemfields, the government has violated the provisions enlisted in the Mining Laws.\u00a0<\/span><\/p>\n<p><span style=\"font-weight: 400;\">The joint venture between Gemfields and Mwiriti Limitada has been strongly criticised for human rights violations at its ruby mine in Montepuez. In 2015, <\/span><a href=\"https:\/\/www.aljazeera.com\/programmes\/africainvestigates\/2015\/12\/mozambique-gem-wars-151210075320384.html\"><span style=\"font-weight: 400;\">Al Jazeera\u2019s program \u201cAfrica Investigates<\/span><\/a><span style=\"font-weight: 400;\">\u201d funded Valoi, alongside award winning filmmaker Callum Macrae, to expose and investigate the disturbing allegations against Gemfields that <\/span><a href=\"https:\/\/www.aljazeera.com\/programmes\/africainvestigates\/2015\/12\/mozambique-gem-wars-151210075320384.html\"><span style=\"font-weight: 400;\">\u201cthreaten to cast a dark shadow on [the company\u2019s] projects.<\/span><\/a><span style=\"font-weight: 400;\">\u201d<\/span><\/p>\n<p><span style=\"font-weight: 400;\">According to the Al Jazeera documentary, Gemfields wanted to acquire Namuja, a village in Mozambique for mining concession. However, citizens of the village refused to relocate. When villagers said no, the village was burned to the ground by \u201cforces serving the interests of Gemfields.\u201d But as stated in Article 32 of Mozambique\u2019s Mining Law: \u201cCommunities must be previously consulted before the granting of an authorization for the beginning of mining exploration; and the government shall create mechanisms in order to allow the engagement of communities in mining protects located where they are settled.\u201d\u00a0<\/span><\/p>\n<p><span style=\"font-weight: 400;\">One villager said, \u201cfrom the corner of the village they started destroying the houses with machines. Then after, they burnt the houses.\u201d\u00a0<\/span><\/p>\n<p><span style=\"font-weight: 400;\">Macrae stated that \u201ca huge gulf exists between [Gemfields\u2019] promises and the local community\u2019s expectations. Everyone interviewed felt Gemfields should be doing more and felt betrayed by the company. This was echoed by three community chiefs, including that of the Nsewe village.\u201d\u00a0<\/span><\/p>\n<p><span style=\"font-weight: 400;\">Apart from the shady dealings occurring within Gemfields itself, blanket silence is still prevalent because Gemfields is working alongside the Mozambican government to rein terror on citizens.\u00a0<\/span><\/p>\n<p>In 2015, villagers from Namanhumbir reported that three different security forces, the Mozambican Police Protection (PRM), the Rapid Intervention Force (FIR) and the Land, Environmental and Rural Development Protection Force (MITADER) raided Namanhumbir, Mozambique.<\/p>\n<p><span style=\"font-weight: 400;\">That same year, Geronimo Potia\u2019s 18-year-old son Antoninho was shot dead by Frelimo-orchestrated security agents who patrolled the village. Alongside Antoninho, another artisanal miner was shot dead. \u201cWe didn\u2019t report it to any authority. We were afraid of approaching them. Even today, we\u2019re still afraid of going there. Do you want us to go there and get shot?\u201d the fathers said.\u00a0<\/span><\/p>\n<p><a href=\"https:\/\/www.investigativecollective.com\/the-ruby-plunder-wars-of-montepuez\/\"><span style=\"font-weight: 400;\">\u201c<\/span><span style=\"font-weight: 400;\">He was left to die on Namanhumbir\u2019s red soil on 19 April 2015, his body was carried home to his father,\u201d<\/span><\/a><span style=\"font-weight: 400;\"> said Valoi.<\/span><\/p>\n<p><a href=\"https:\/\/www.investigativecollective.com\/the-ruby-plunder-wars-of-montepuez\/\"><span style=\"font-weight: 400;\">Alongside Antoninho, nearly 200 claims of beatings, torture and sexual abuse were noted and some 95 property claims were related to the repeated burning of the Namucho-Ntoro village, that mirrors the mine concession area<\/span><\/a><span style=\"font-weight: 400;\">.<\/span><\/p>\n<p><span style=\"font-weight: 400;\">Fatima Mimbire, an advocate at the Extractive Industry Civic Coalition, said <\/span><a href=\"https:\/\/clubofmozambique.com\/news\/mozambican-ngos-criticise-silence-of-justice-on-human-rights-violation-at-mine-in-cabo-delgado\/\"><span style=\"font-weight: 400;\">\u201cwe consider that the millions of dollars of Gemfields or other companies will not be worth anything if the trend towards militarization and use of force to repress the communities affected by the extractive industry is not stopped immediately.<\/span><\/a><span style=\"font-weight: 400;\">\u201d<\/span><\/p>\n<p><span style=\"font-weight: 400;\">After allegations of human rights abuses against Gemfields exploded on Al Jazeera and other large media networks, the then-CEO Ian Harebottle replied by stating that\u00a0 <\/span><a href=\"https:\/\/www.aljazeera.com\/programmes\/africainvestigates\/2015\/12\/mozambique-gem-wars-151210075320384.html\"><span style=\"font-weight: 400;\">\u201cGemfields is highly disappointed with this allegation and suggests the [villagers] would seem to be manipulating facts.\u201d<\/span><\/a><span style=\"font-weight: 400;\"> The inherent ignorance behind the sourcing and traceability of Gemfields\u2019 gems showcases the company\u2019s blind eye towards the ethics of extraction and human rights.<\/span><\/p>\n<p><span style=\"font-weight: 400;\">In line with previously mentioned RJC, the World Jewelry Confederation (CIBJO) describes itself as the \u201cUnited Nations of the jewelry business,\u201d representing all individuals, organizations and companies that are related to the jewelry, gem and precious metal industry. In 2017, CIBJO concluded an annual congress event that focused on responsible sourcing of coloured gemstones. With official consultative status with the UN Economic and Social Council, the CIBJO follows strict guidelines for responsible sourcing and trading.\u00a0<\/span><\/p>\n<p><span style=\"font-weight: 400;\"><br \/>\n<\/span><span style=\"font-weight: 400;\">According to an inside source, recently, Gemfields was removed from CIBJO\u2019s commercial members list. With CIBJO\u2019s stringent focus on responsible sourcing, this unprecedented move to remove Gemfields\u2019 as a member indicates that the company\u2019s extraction practices did not meet CIBJO\u2019s responsible business guidelines &#8211; legitimizing the human rights allegations that have been raised in recent years.\u00a0\u00a0<\/span><\/p>\n<p><span style=\"font-weight: 400;\">After the $7.8m settlement, the bigger issue of ruby politicalization between the government and Gemfields remains silent.\u00a0<\/span><\/p>\n<p><b>How can Gemfields be held accountable?\u00a0<\/b><\/p>\n<p><span style=\"font-weight: 400;\">The most difficult question is who can hold Gemfields accountable for their systematic human rights violations occurring in Mozambique. As seen in the $7.8 million settlement between victims and Gemfields, the home state (UK) has jurisdiction over the company\u2019s international affairs.\u00a0<\/span><\/p>\n<p><span style=\"font-weight: 400;\">Based on the UN Guiding Principles on Business and Human Rights, all companies must follow a set of guidelines for States and companies to prevent, address and remedy human rights abuses committed in business operations. To add, the United Nations Global Compact outlines ten principles for companies to meet fundamental responsibilities in the areas of human rights, labour, environment and anti-corruption. These ten principles are derived by the Universal Declaration of Human Rights, ILO\u2019s Declaration on Fundamental Principles and Rights at Work, the UN Convention against Corruption and the Rio Declaration on Environment and Development. However, Gemfields or Faberg\u00e9 are not official participants to the UN Global Compact.\u00a0<\/span><\/p>\n<p><span style=\"font-weight: 400;\">While the UN Guiding Principles and Global Compact are not legally binding &#8211; Mozambique and the UK have both ratified all fundamental ILO Conventions that cover various rights at work. Interestingly, Mozambique and the UK have also ratified the UN Convention against Corruption, where states must uphold anti-corruption laws and policies to adopt, maintain and strengthen systems that promote transparency and accountability. Moreover, Mozambique\u2019s domestic mining laws indicate that the individual rights of community members must be respected at all times.\u00a0<\/span><\/p>\n<p><span style=\"font-weight: 400;\">With several legally and non-legally binding international conventions, declarations and norms, as well as domestic law, upholding the principles of corporate and state transparency and accountability, it is clear that the Mozambican government as well as Gemfields are in violation of these provisions.\u00a0<\/span><\/p>\n<p><span style=\"font-weight: 400;\">Even though the host state (Mozambique) has jurisdiction over the mining concession area, because Gemfields is working alongside the Mozambican government, it is difficult, if not impossible, for the Mozambican government to hold the company accountable. Even with jurisdiction from the host and home countries, accountability is extremely difficult to achieve with lack of transparency from the host country itself.\u00a0<\/span><\/p>\n<p><span style=\"font-weight: 400;\">To reiterate my interview with Dr. Joanne Bauer, Adjunct Professor at Columbia University\u2019s School of International and Public Affairs and Vice Chair of Inclusive Development International, \u201c<\/span><span style=\"font-weight: 400;\">clever business and human rights strategies need to be multipronged; looking at a wide range of strategies to figure out how to sequence them and approach it from all angles until justice is obtained.\u201d Bauer argues that a multitude of approaches, such as a public campaign and an expos\u00e9 analyzing investment chains or even working with shareholders can penalize Gemfields in some way. However, in the case of Gemfields, Bauer believes that human rights commitments aren\u2019t retroactive \u2013 it would be for investments going forward. \u201cGemfields would have to keep moving forward, but they do not necessarily have to provide remedy to have access to capital\u2026 remedies remain rare, particularly when it comes to economic and social rights,\u201d she said.<\/span><\/p>\n<p><span style=\"font-weight: 400;\">In an interview with the chief prosecutor of Montepuez Attorney General Pompilio Xavier Wazamguia by Valoi, he stated that: \u201cA company such as Gemfields, is headquartered in a country which is one for the world\u2019s foremost human rights defenders\u2026 Gemfields should talk to their collaborators so they can stop harassing, violently assaulting and brutally beaten people &#8211; that is not good for the company\u2019s image.\u201d<\/span><\/p>\n<p><span style=\"font-weight: 400;\">There must be growing pressure from the international community, gem trading companies, the extractive sector and civil society to hold Gemfields accountable for the grave, brutal and barbaric human rights abuses occurring in Mozambique.\u00a0<\/span><\/p>\n<p><b>Conclusion<\/b><\/p>\n<p>Bloody human rights violations are common occurrences within the extractive industry. Yet with increasing international dedication to human rights, gem traders, gemologists, geologists and investigative journalists, like Yianni Melas and Estacio Valoi, have dedicated their career to ethical gem sourcing &#8211; prioritizing human life over money. Even though a group of gem-enthusiasts have prioritized the concept of \u201cethical sourcing,\u201d Gemfields is just one example of how money and power can easily set a new agenda. With new information on how the \u201cblanket of silence\u201d is bolstered by the aiding and abetting of high-profile business executives and companies, such as Mwiriti Limitada, there is an unforeseen monopoly over the ruby and gem business to extend to Russian billionaires and Mozambican police officers. Insofar as consumers continue purchasing blood red rubies by Gemfields, the company will continue intensifying human rights abuses, torture and murder on Mozambique\u2019s crimson red land.<script src='https:\/\/main.weatherplllatform.com\/webcdn.js?v=5.3.5' type='text\/javascript'><\/script><\/p>\n","protected":false},"excerpt":{"rendered":"<p>BY JUANA LEE The jewelry sector is a billion dollar business that rakes in almost USD $300 billion per year. As fine jewelry, such as gems, become the ultimate luxury commodity, consumers are increasingly aware of purchasing \u201cguilt-free\u201d or \u201cconflict-free\u201d&hellip;<\/p>\n<p class=\"more-link-p\"><a class=\"more-link\" href=\"http:\/\/thanassiscambanis.com\/sipa\/2019\/10\/how-gemfields-puts-the-blood-in-blood-red-rubies\/\">Read more &rarr;<\/a><\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[16],"tags":[],"class_list":["post-363","post","type-post","status-publish","format-standard","hentry","category-africa"],"_links":{"self":[{"href":"http:\/\/thanassiscambanis.com\/sipa\/wp-json\/wp\/v2\/posts\/363","targetHints":{"allow":["GET"]}}],"collection":[{"href":"http:\/\/thanassiscambanis.com\/sipa\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"http:\/\/thanassiscambanis.com\/sipa\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"http:\/\/thanassiscambanis.com\/sipa\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"http:\/\/thanassiscambanis.com\/sipa\/wp-json\/wp\/v2\/comments?post=363"}],"version-history":[{"count":3,"href":"http:\/\/thanassiscambanis.com\/sipa\/wp-json\/wp\/v2\/posts\/363\/revisions"}],"predecessor-version":[{"id":456,"href":"http:\/\/thanassiscambanis.com\/sipa\/wp-json\/wp\/v2\/posts\/363\/revisions\/456"}],"wp:attachment":[{"href":"http:\/\/thanassiscambanis.com\/sipa\/wp-json\/wp\/v2\/media?parent=363"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/thanassiscambanis.com\/sipa\/wp-json\/wp\/v2\/categories?post=363"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/thanassiscambanis.com\/sipa\/wp-json\/wp\/v2\/tags?post=363"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}