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STATEMENT
BY HIS EXCELLENCY PRESIDENT AHMAD TEJAN KABBAH
IN KOIDU ON THE OCCASION OF THE LAUNCHING OF THE
KONO PEACE DIAMOND ALLIANCE ON WEDNESDAY 27TH
AUGUST, 2003
We
are gathered here today to demonstrate the seriousness
which my Government and our development partners
attach to the need to clean up the diamond industry.
This is necessary in order to ensure that this
valuable asset benefits the people of this country
and that the evil practices associated with the
mining and sale of diamonds are eliminated.
The
following can be listed among the common and well-known
problems associated with the diamond industry
in Sierra Leone, particularly in Kono:
·
Illegal mining
· Smuggling
· Environmental damage
· Poor working conditions - Including child
labour
· Misuse of official positions and power
The
resultant effect is that the average Sierra Leonean
in the industry benefits very little from it.
These bad practices must be stopped. They destroy
the economy of this country and may endanger the
reputation, security and image of Sierra Leone.
My Government and our development partners will
spare no efforts to bring them to an end. By the
effective implementation of the measures we have
already adopted and those we will be announcing
at this meeting, we are convinced that we shall
succeed in eradicating those undesirable practices,
which had plagued our diamond industry for so
long.
The solutions to some of the problems can be found
in such important initiatives as the Kono Peace
Diamond Alliance, which we are gathered here to
launch today, and for which we are grateful to
the United States Government.
The
importance of the Alliance, is demonstrated by
my presence and the presence of representatives
of the United States Government, the British Government,
the United Nations, the legitimate members of
the private sector, human rights organizations,
and various organizations and traditional leaders
of this community.
All
members of the Kono Peace Diamond Alliance are
working towards common goals, particularly:
·
To increase the benefits to local people in Kono
and other Sierra Leoneans; and
· To improve our ability to manage, regulate,
and police diamond activities in Sierra Leone.
The
Alliance has recently elected an Executive Committee
that will monitor, investigate, and make recommendations
about improving the diamond mining and marketing
business here in Kono.
Building
on the success of the work here in Kono, the Alliance
will branch out into other parts of the country.
Recently
we have taken important initiatives to ensure
that the country and its people and bona fide
investors derive benefits from the diamond trade
and from their legitimate investment.
Our
efforts are beginning to bear fruit as can be
seen from the fact that the Diamond Area Community
Development Fund is sending part of diamond export
taxes collected back to the communities and legal
diamond exports have tripled in the past two years.
More miners are taking out legal licenses, and
Illegal mining operations are being shut down.
Every
diamond that is smuggled out of this country robs
the nation of the resources we need to build roads,
schools, and clinics and money to pay the salaries
of our valued public servants. Smuggling also
robs communities of their fair share of diamond
export taxes - money that could go toward development
projects that are desperately needed. I ask Chiefs
and communities to take responsibility for ensuring
that diamond mining and dealing is conducted legally.
We need your cooperation. We need your eyes and
ears to detect illegal practices in the industry
and expose them. This is your patriotic duty as
citizens of this beautiful country
We
cannot allow Sierra Leone to become a haven for
criminals. We must move fast to stop intending
or potential criminals in their tracks. My Government
intends to adopt additional policy measures, the
proper implementation of which, I am certain will
produce the desired results in the diamond industry.
I
have asked the Ministers of Finance, Mineral Resources,
Agriculture, Forestry and Food Security, Trade
and Industry, Local Government and Community Development,
the Attorney-General and Minister of Justice,
the Police and the Governor of the Bank of Sierra
Leone, singly or in collaboration with each other
to speedily review policy measures and provide
appropriate guidelines and regulatory framework
for the industry's operation in the following
areas:
1.
The Attorney-General and Minister of Justice in
collaboration with the Minister of Mineral Resources
are to examine the existing penalty for the unlawful
possession of diamonds with a view to reinforcing
the law so as to make it an effective deterrent
and to enhance the payment of reward to those
detecting attempts at smuggling or the unlawful
possession of diamonds.
2.
The Attorney-General and Minister of Justice in
collaboration with the Minister of Local Government
and Community Development are to provide guidelines
for the implementation of the proviso in Section
18 of the Constitution which authorizes the imposition
of restrictions on the movement or residence of
Sierra Leoneans in designated diamond mining areas,
particularly Kono, as a measure reasonably required
in the interest of the proper management and exploitation
of the mineral resources of the country.
3.
The Attorney-General and Minister of Justice is
to prepare a draft regulation, also under Section
18 of the Constitution, for the imposition of
restrictions on the residence and movement within
designated diamond mining areas especially Kono,
of African and non-African non-Sierra Leoneans,
including citizens of other ECOWAS countries.
The purpose for imposing such restrictions is
to give effect to the proper management and exploitation
of the diamonds in those areas and to prevent
illegal and unlawful activities relating to diamonds.
This pronouncement should serve as further warning
that any illegal or unlawful conduct by foreigners
in the diamond trade will render them liable to
immediate expulsion from Sierra Leone.
I
would like to emphasize here that there is no
desire on the part of my Government to abrogate
its commitments to respect the free movement within
Sierra Leone of citizens from ECOWAS member States.
We are only taking steps to prevent activities
that are inimical to the economy and security
interests of Sierra Leone. The restriction on
non Sierra Leoneans will involve the requirement
for them to be in possession of entry permits
for access to designated diamond mining areas,
especially Kono.
I further emphasize that the restrictions in access
to diamond areas is not to be interpreted as a
call for residents in such areas to try to take
the law into their own hands by trying to enforce
such restrictions themselves. Only legal law enforcement
agencies have that right.
4.
Criminal elements are trying to take advantage
of the fact that diamond transactions can be conducted
in cash instead of through proper banking channels.
In order to ensure that the diamond business is
conducted in a legitimate and transparent manner
and through banking channels, the Governor of
the Bank of Sierra Leone and the Minister of Finance
are to take prompt action, including the enforcement
of existing rules and regulations to ensure that
all funds transmitted from overseas for diamond
purchase and related activities are channeled
through the banking system.
5.
In order to eliminate the possibility of money
laundering within Sierra Leone, an activity which
can easily be engaged in under the guise of the
diamond trade, the Attorney-General and Minister
of Justice together with the Police are to examine
the existing law relating to searches of persons
and property with a view to making provisions
that would empower the Police to carry out spot
checks of persons and premises for the unlawful
possession of large sums of foreign currency.
I underline the words unlawful possession, and
emphasize that all such searches will be conducted
with full respect for the legal rights of all
persons, including the requirement to obtain the
necessary search warrants.
6.
I am aware of the existence of a few local associations
such as the Diamond Dealers Association. I welcome
this trend provided these associations exist only
as self-regulatory mechanisms for members in the
diamond industry. They should on no account be
used as alternative bodies to perform functions
which are properly within the purview of Government
or the Ministry of Mineral Resources. In particular
they should not be used as mediums for extortion
or levying dues from persons legitimately engaged
in the diamond business. Rather they should be
used to enhance the observance and implementations
of the rules and regulations made by Government.
7.
It will be recalled that the National Reformation
Council (NRC) junta in 1967 decreed that Paramount
Chiefs should have no role in the granting of
mining licences in their chiefdoms. Because of
the emerging confidence between paramount Chiefs
and my Government, and my earnest desire to restore
the dignity and self-esteem of Paramount Chiefs,
my Government restored the right of Paramount
Chiefs to have a say in the award of licences
for diamond mining in their chiefdoms. It is my
desire that the existing situation should continue,
but only on condition that the confidence I have
reposed in the institution of Paramount Chiefs
is not abused. It is my hope that in the performance
of their role in this regard, the paramount Chiefs
of Kono and other designated diamond mining areas,
will act as the eyes and ears of the Government
in the observance and enforcement of the law and
correct practices in the diamond mining and marketing
industry.
In
this regard I would like to restate a point I
made on the occasion of my recognizing the newly
elected Paramount Chiefs in January this year.
I advised Paramount Chiefs to consider the question
of re-instating the "landlord-stranger"
concept which existed in this country long before
Colonial times. According to that arrangement
all adult male strangers visiting a community
were required to stay with an indigene or a well-respected
non-indigene in the community, who acted as his
host or landlord. Under the arrangement the landlord
was expected to present the stranger to the chief
with a 'greeting kola' and to explain the purpose
of the stranger's visit.
Throughout
his or her stay the landlord was responsible for
the actions of the stranger. The landlord therefore
had to ensure that the stranger behaved in conformity
with the norms of the community. In that way,
it became difficult for outsiders to easily infiltrate
a community and later cause havoc, as the former
rebels did, for example in Pujehun, Kailahun and
many other places, which they entered posing as
innocent visitors or bona fide travellers.
In
considering this idea, the Chiefs may wish, in
this day and age, to consider dropping the "greeting
kola" tradition from the custom."
I
made the above statement in the context of preserving
national security. But it is also pertinent in
the context of ensuring that undesirable persons
do not enter and reside in designated diamond
mining areas undetected. So I urge all Paramount
Chiefs and Chiefdom elders in Kono to heed the
admonition contained in the above statement.
8.
You will also recall the declarations I made recently
during the meeting of the Cabinet in Bo. I wish
to restate and reaffirm two matters. I directed
that diamond export license fees payable by Sierra
Leoneans be brought to the same level as those
payable by non-Sierra Leoneans. This is to put
an end to the rampant and undesirable practice
of Sierra Leoneans agreeing to be used by foreigners
to acquire diamond export licences at the lower
fee for the benefit of those foreigners.
I
also directed that the Government Gold and Diamond
Office (GGDO) should be transferred to the National
Revenue Authority (NRA). In addition to that new
institution being responsible for revenue collection
which also forms the bulk of the activities of
the GGDO, it is hoped that the new arrangement
will ensure that allegations of irregularities
in the valuation and assessment of taxes due and
payable by diamond exporters will cease to exist.
9.
My Government in collaboration with our partners
is determined to ensure that Sierra Leonean miners
participate actively and meaningfully in the entire
chain of activities associated with the diamond
industry from mining to exporting in order to
maximize the benefit to Sierra Leoneans.
In
this regard, I am acutely aware that there are
some Sierra Leoneans employed as mine workers
under conditions of severe exploitation by unscrupulous
diamond licence holders or by "supporters"
of diamond licence holders. This is a situation
which does not enhance the advancement of such
mine workers. It does not hold out any prospects
for their benefiting from the diamond industry
in which they devote a good part of their youthful
years engaging in drudgery.
Government's
aim is to ameliorate such a situation and encourage
diamond mine workers to embark on measures which
will be beneficial to them and which will ensure
that they too realize reasonable returns from
the diamond industry, or in the alternative revert
to other profitable income generating activities.
In this regard, I have put the following measures
in place:
a.
The Minister of Trade and Industry is to assist
in organizing willing diamond mine workers into
cooperatives which will be assisted with logistics
and inputs from donor organizations. USAID, for
instance, has offered to make some contributions
towards the success of such cooperative ventures.
The Ministry of Mineral Resources will also assist
in providing the necessary technical and other
assistance for the success of these cooperatives,
and arrangements are being put in place to facilitate
the allocation of mining plots to cooperative
groups to enable them to embark on legitimate
and transparent mining activities. The members
of such cooperatives would also be trained in
determining the value of diamonds and in the best
marketing practices. I urge mine workers in Kono,
especially youth groups, to take advantage of
the opportunities to earn themselves a decent
living.
b.
As an incentive to encourage residents in Kono
to adopt farming as an alternative to diamond
mining for meaningful and assured employment,
Government is prepared to provide adequate support,
through the Ministry of Agriculture, Forestry
and Food Security and other appropriate agencies
and donors, to those who choose to go into farming
and related activities. It is a fact that a vast
area of the land in Kono is fertile agricultural
land. I urge that, instead of concentrating too
much on diamond mining, the people of Kono, particularly
the youth group, turn to agriculture where the
rewards are more predictable and often even higher.
Putting
all of the foregoing measures in place requires
the adoption of a reciprocal sense of responsibility
on the part of the miners, local communities and
local authorities.
You
will recall that during my last visit to Kono,
I warned all persons to desist from mining in
prohibited areas. I gave that warning mindful
of the safety of the people involved in such operations
and the protection of the areas affected. My conferring
with the Minister of Mineral resources resulted
in the cancellation of 28 licenses held by persons
engaged in mining areas considered unsuitable.
I have been informed that the ban, initially complied
with has recently been flouted and that mining
activities in these areas have been intensified.
The veracity of this information is being ascertained
and if this is the case the law enforcement agencies
of the State have been urged to take prompt action
to rid those areas of such unpatriotic individuals
and bring the operations firmly to an end.
I have also received information that diamonds
are being mined in new areas in the country for
which licences have not been issued. Such areas
include Kamakwei, parts of Pujehun, Zimmi and
Sumbuya. I warn here that diamond mining anywhere
in Sierra Leone without the possession of the
appropriate permit is an offence punishable by
law. This therefore serves as another notice that
any person who engages in mining diamonds anywhere
in Sierra Leone without a valid mining licence
is committing an offence under the Mines and Minerals
Act 1994 and is liable to prosecution. The Police
have been instructed to ensure that such illicit
miners are tracked down and brought to account.
It
has been observed that some holders of artisanal
licences have more extensive operations than allowed
by law. Some small scale miners also carry out
highly intensive mechanized mining that would
require the taking out of mining leases as stipulated
by law. They thus circumvent provisions for having
a responsible environmental management plan as
required by law for companies with mining leases.
It has also been observed during a recent UN special
flight along the River Sewa that artisanal miners
are illegally encroaching extensively on areas
for which companies have exploration and prospecting
leases. I warn that such illegal mining operations
should cease forthwith as the full force of the
law would be applied against any person caught
committing such offences.
My
Government is aware that some of the reasons why
reputable Diamond Companies ceased operations
in Sierra Leone even before the war were the poor
regulation of the industry by the Government and
the near-nationalisation of the large scale mining
industry. Undue Government interference deprived
the companies of the ability to manage their operations
and apply best practices. With the resultant drop
in new capital investments that would extend mine
life and ensure continued profitability, the mines
were operated poorly for a while and then closed
down. My Government now wishes to attract to the
industry reputable companies that have demonstrated
good business ethics.
Government
will accord all reputable companies the full protection
they desire to enhance their operations and maximize
the returns on their investments. We shall adhere
to acceptable standards in the industry and shall
also ensure relative consistency of major policies
and security of tenure for properly held leases.
We
have established a high level committee to monitor
the operations of the diamond industry. Recourse
can be had to this Committee by any investor who
has any grievance against the Government or any
person whose conduct may adversely affect the
operations of the investor. Government will pay
heed to advice from that Committee in such matters.
I
am sure we are all pleased to note the improved
prospects for the return of peace to Liberia.
This is an encouraging development which I cherish
and hope will be sustained. It would eventually
result in the reactivation of the Mano River Union.
Concerted efforts will again be exerted by the
member states of the Union to put in place and
enforce common laws which will curb the instances
of diamond smuggling. It is indeed a development
which will enhance and promote peace and security
in the member states of our Union and in the process
sustainable development in our respective countries.
Let
me remind all here today that the involvement
of the Governments of the United Kingdom and the
United States of
America, in our current efforts to clean up the
diamond industry is not accidental. It is another
hallmark in a long history of healthy relations
between the two countries and Sierra Leone marked
by notable acts of goodwill and support towards
our people on the part of these two great nations.
In
the case of the United Kingdom, we have throughout
our crisis and in particular since independence,
benefitted immensely from their economic, military,
technical and humanitarian assistance. All of
us here are familiar with the robust, spontaneous
and decisive manner in which the United Kingdom
responded when our survival as a wholesome democratic
State was recently threatened.
Even
before the establishment of formal diplomatic
relations between our two countries, the United
States realized our need for assistance after
Independence and deployed a significant number
of Peace Corps Volunteers who played vital roles
in the development and operation of our post independent
public and private institutions in the areas of
education, agriculture and community development
among others. The extent of the diplomatic and
financial support by the United States to our
country at all times and particularly during the
time of our crisis cannot be measured. We have
benefitted from the contribution by the U.S. Government
of over 25% of the running cost of UNAMSIL in
Sierra Leone which has helped us to achieve and
secure peace. The US is now very active in providing
the means for us to sustain the peace and quickly
move into meaningful development.
Our
profound thanks are therefore extended to these
two great nations. We also extend our gratitude
to the United Nations, and our other donors, not
only for the assistance they are currently providing
us with in the area of security but also in our
efforts to move from relief to development.
Finally, let me re-emphasize that I am holding
all public office holders accountable for their
actions. There are no untouchables. Abuse of power,
and betrayal of the public trust will not be tolerated.
I want our citizens and people from around the
world to look upon our officials with respect.
But respect is not freely given - it must be earned.
I want all of us who are holders of the public
trust to be true to that responsibility. Those
who dishonour our public institutions will not
hold their positions much longer.
See
also
Address
by His Excellency the President Alhaji Dr. Ahmad
Tejan Kabbah on the Occasion of the Opening Ceremony
of the Refurbished Koidu Hospital
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