Brendan Howlin (Wexford, Labour)
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Question 155: To ask the Minister for Foreign Affairs the steps that he has taken to ensure the safety and release of a person (details supplied); if diplomatic representations have been made on this person's behalf; if his representatives will monitor this case and attend the court cases; and if he will make a statement on the matter. [27133/10]

Brendan Howlin (Wexford, Labour)
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Question 156: To ask the Minister for Foreign Affairs if he will make a case for the inclusion of the protection of human rights in the Kimberly Process certification scheme during the meeting in Tel Aviv on 21 to 23 June 2010; if he will support the further suspension of Zimbabwean rough diamonds exports under the process, particularly after the arrest of a person (details supplied); and if he will make a statement on the matter. [27134/10]

Micheál Martin (Cork South Central, Fianna Fail)
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I propose to take Questions Nos. 155 and 156 together.

The Kimberley Process (KP) is a cooperative effort between governments, civil society and industry groups to stem the flow of "conflict diamonds." Conflict diamonds are defined as rough diamonds used by rebel movements to finance wars against legitimate governments. The Kimberley Process involves the control of diamond production and trade through a certification process and is implemented through a peer review mechanism. There are 49 members of the Kimberley Process, with the EU and its member states counting as an individual member. Its membership includes all the major diamond producing, trading and processing countries.

Since its launch in 2002, there has been growing discontent among civil society regarding the credibility of the KP. A major criticism is that the definition of conflict diamonds does not acknowledge the central role that human rights have and should play in the Kimberley Process nor does it recognize that governments, in whole or in part, could engage in acts of terror or criminality. In light of this, the civil society coalition in the KP has sought to amend the founding documents of the Kimberley Process to include references to human rights. This proposal was supported by the EU at the November 2009 KP Plenary; however, it was ultimately unsuccessful following resistance by other members, notably China and India. A number of non-governmental organisations have subsequently made an alternative proposal to include human rights references in an operational document and the EU will support this proposal. However, it is by no means clear that the new proposal will succeed.

Zimbabwe's compliance with the Kimberley Process became the focus of international attention in 2009 on foot of widespread illegal mining and smuggling in the Marange diamond fields as well as reports of violence and human rights violations caused by Zimbabwe's military trying to regain control of the fields. In November 2009, the KP plenary meeting in Swakopmund, Namibia, agreed with Zimbabwe on a Joint Work Plan to bring diamond mining in Marange into compliance with the minimum requirements of the KP. Under the plan, exports of Marange diamonds are subject to prior verification by an independent KP Monitor.

Following two fact finding missions, the KP Monitor for Zimbabwe, Mr Abbey Chikane, issued a report at the end of May which concluded that, under the terms of reference of his missions, Zimbabwe had satisfied KP minimum requirements. At the same time, a number of reports issued by civil society called for the suspension of Zimbabwe from the KP on the basis of a number of concerns, including the continued lack of transparency of diamond mining in Zimbabwe as well as ongoing human rights abuses. The EU, while taking note of the KP Monitor's conclusion, believes that, in light of the concerns expressed regarding transparency and abuse of human rights, further discussion is needed before any conclusion of the Joint Work Plan may be possible.

In that connection, the arrest and detention of Mr Faria Maguwu on 3 June raises serious concerns regarding the protection of the role of civil society in the Kimberley Process. Mr Maguwu is executive director of the Centre for Research and Development, the leading civil society group in Zimbabwe that monitors smuggling and human rights abuses in Zimbabwe's diamond fields. I understand that the arrest follows a meeting on 27 May with the KP Monitor, Mr Chikane, during which Mr Maguwu was alleged to have handed over a restricted document to Mr Chikane. Mr Maguwu has since been charged with communicating false statements prejudicial to the State and his case is scheduled to be heard today. I am also concerned by reports of Mr Maguwu's treatment while in custody, which have raised fears for his health, as well the reported conduct of the Zimbabwean police and security forces before and after his arrest.

The EU is seeking through the Kimberly Process to clarify the circumstances of Mr Maguwu's case and to highlight its implications for the role of civil society. The EU delegation will also raise Mr Maguwu's case at the KP inter-sessional meeting in Tel Aviv this week. Our Embassy in Pretoria has also communicated Ireland's concerns to the Government of Zimbabwe. While we are unable to attend Mr Maguwu's hearings, we will continue to monitor the case closely.