Alex Bell: Hallo and welcome to the Hot Seat with me Alex Bell. Early last month diamond researcher and human rights activist Farai Maguwu was arrested in connection with the work that he’s done exposing the human rights atrocities at the Chiadzwa diamond fields. His arrest coincided with a meeting of the Kimberley Process, the international diamond trade watchdog, where Farai was supposed to give testimony. Rights groups and campaigners have argued that Farai’s arrest was meant to silence him while the Kimberley Process debated Zimbabwe’s trade future. Six weeks later, Farai has finally been released on bail under strict conditions which has paved the way for an agreement made this week, between the government and the Kimberley Process allowing diamond sales to finally go ahead. Tonight we hear from Farai about his time in custody and the future of Zimbabwe’s diamond industry now that diamond sales have been given the go-ahead. I first asked him how he was coping after more than five weeks in custody.

Farai Maguwu: Well I’m doing fine, I’m still recovering from some of the effects of the change in especially some of the problems, the health problems which I encountered from the day that I was put in detention where I was put in very cold circumstances and again and again they continued to do that even when I was in remand prison. So this led to the operation and yesterday I went for a medical examination and I’m still recovering and I need to receive some of the results, but I should say I’m very happy to be out of detention. It’s one of the worst prisons in the world I believe so to be held there, I’m quite happy and grateful to all the people who made it happen, who worked under pressure for my release from detention.

AB: Farai you’ve spoken of course about this kind of mistreatment, what were the conditions like? You must have been incredibly frightened if anything, about what was happening.

FM: From the day that I handed myself in to the police in Mutare, I believe there was an instruction and they took away all blankets and I was sleeping on the floor and that was at the peak of the winter season in Zimbabwe, it was very, very cold, it was extremely cold and this, I developed swollen tonsils, chest infection, throat infection and head flu and I asked them for medication. They refused. Then the lawyers gave me some drugs whilst I was in police cells and they took away those drugs. I only took the drugs one time when the lawyers brought them in. Then after that, the police, I mean the lawyers demanded that I see a doctor and they refused. Then the lawyers went to take a private doctor to come in and examine me and prescribe treatment for me and they refused that doctor entry to see me in the cells. So I spent about four days in very bad shape and suffering seriously. Then when they interviewed me finally on the fourth day, that’s when the lawyers demanded again that they take me to a doctor and I was taken to a local doctor in Mutare who, I mean to a local hospital and there was no doctor, I only saw a nurse. And the nurse commented that when we arrived in Harare they take me to a doctor and they refused again. It was only after a court order, high court order compelling them to allow me access to a doctor of my choice that I got a doctor. I think it was after two weeks and the doctor saw my condition was critical and recommended that I be admitted immediately and they said they had no transport. And they also took me out of remand prison unlawfully, without the knowledge of my lawyers and they took me to another, to the worst police cells in the country called Matapi which was even condemned by the Supreme Court of Zimbabwe as not fit for holding human beings. And they took me out of remand to that place and again took away blankets and forced me to sleep on the floor. From there they took me to Harare Central police station where again they forced me to sleep on the floor for about three nights. So those conditions really caused the deterioration of my health whilst I was in detention and I’m still recovering from the effects.

AB: Do you think then there should be some kind of investigation into how you were treated and how likely do you think that such an investigation would actually happen?

FM: Well it’s quite difficult because it was the State that was behind all this and if we talk of investigations, can the State investigate against itself? That is the problem. Lawyers, I know my lawyers are very upset about the treatment that I got and they complained even to the high court but I don’t think there will be any co-operation with the State to look into this issue because it will expose a can of worms because it is not only me. All human rights defenders who have been arrested on such high profile cases, they have been subjected to even worse, some to even worse treatment whilst they were in detention, so it’s a normal thing, it’s the way that political prisoners or prisoners of conscience are punished in Zimbabwe even before the courts determine their case the police are given the right to punish such suspects whilst they are in their hands.

AB: Now it’s convenient Farai for the State that you were locked away while the Kimberley Process was meeting.

FM: It sounds like it was convenient for them because I was earmarked to be part of that gathering so I wouldn’t know the logic behind the arrest – whether it was meant to coincide with the Israel (inaudible) meeting or it was by mere coincidence but I think it was convenient for them.

AB: There’s a lot of talk that this was done deliberately to silence you because of what you were going to say at the Kimberley Process meeting. Do you think that’s likely?

FM: Well obviously my opinion does not agree with the position of the State with regard to the issues which were discussed at the Kimberley Process. I think at the moment I’m not very much willing to discuss about the issue because it’s before the courts and it may be perceived as being prejudice for me to start commenting about the Kimberly (inaudible) because it also partly touched on the issue for which I was arrested.

AB: So then we can’t really talk about the involvement then of the Kimberley Process monitor, Abbey Chikane?

FM: Unfortunately he is the State witness against me and I cannot comment on him at the moment because it maybe seen as also trying to influence him or he can even say I’ve been threatened or I’m being accused of this and that, so for now it’s not advisable, according to the advice which I received from my legal team to comment on the issue because it is before the courts and there are some people waiting out there for the opportunity to drop further charges or to complicate the issue.

AB: We know of course that the World Diamond Council was meeting this week in Russia and now your release from prison was set as almost a pre-condition for any kind of movement on allowing diamond exports. It’s seems like this was some kind of a trade-off.

FM: Yah, I think it could be a trade-off and because of the international pressure that was mounting on the Zimbabwe government to release me unconditionally and given that there was a stalemate in Israel and one of the main sticking issues was my release from detention, most likely there was also going to be another stalemate in Petersburg if that meeting was held whilst I was still in detention so I think it could have been something to trade-off and to ensure that they don’t get much to answer for or many questions to respond to with regard to me but I should also comment that it was also the opinion of the judge that I had the right to bail and he gave a very clear judgement that what was happening and that some of the rulings that were made, the magistrate misdirected himself so I think that I should also respect the decision which was made by the courts, I wouldn’t get them to make it a political thing but I think it also pleased the government that it was good for them to go to Petersburg whilst I was out of detention because then it would have relieved some of the tension that resulted in them not getting the licence in Tel Aviv.

AB: Talking then about your fight to get your bail, was there ever a point where you thought that it actually wouldn’t happen? It took forever.

FM: Yes, when you look at how things have been happening especially in retrospective at some prior cases of this nature, yes there are some people who have been in remand prison and you would wonder why they are there for a very lengthy period. So you would never know, diamonds are a very delicate mineral, they have created conflict in many parts of the world. Many people have died because of diamonds so when I looked at my situation I thought I could be one of those statistics of people who perished as a result of trying to demand accountability or transparency with regard to the mining of diamonds. So to me I didn’t know but I knew that people were praying for me, I was praying as well, many people had good wishes for me so it was a battle of the many people who were against me against the few that were, I mean sorry, the many people who were supporting me against the few that were against me (inaudible) powerful.

AB: Now of course as we’ve said this week if I can just go back, the World Diamond Council did meet, as it said the pre-condition was your release and now that that’s happened it seems that there has been some kind of deal reached in the whole Zimbabwe situation. What do you make of this deal?

FM: OK, yah I think it’s good that the World Diamond Council and the KP itself are taking a gradual process of helping Zimbabwe and at the same time to continue to watch very closely at how events are unfolding in Marange. So for now possibly as the government is pleading that they need money desperately to revive the economy and I believe the inclusive government is united to say they need the diamonds so badly and I think this gradual certification which they are receiving is better than simply giving a blanket certificate to say you can continue or you can resume the sale of diamonds without ensuring that there are steps towards meeting the minimum standards of the Kimberley Process certification scheme. So I think they are striking a balance between the economic needs of Zimbabwe and also the international standards which Zimbabwe must live up to. Therefore I think the deal is a balanced deal, it’s a win/win situation whereby Zimbabwe is given an opportunity to sell part of its diamonds and at the same time, conditions are still there that the country must (inaudible) up and still meet the minimum standards of the KP. So it’s still under the spotlight of the Kimberley Process and therefore I believe it is a fair deal, it’s a win/win situation.

AB: There’s been no mention yet of any kind of investigation into the reports of abuse at the diamond fields, should there as part of this gradual certification be some kind of investigation into what these claims have been?

FM: Definitely, definitely. To me the issue of human rights is at the centre of the Marange controversy and any approval, any certification that does not address the human rights issue to me as a person is unacceptable. The diamonds at Marange are a blessing that must be felt by all Zimbabweans and therefore, the moment these diamonds are mined in a scenario where human rights abuses are continuing then it’s a development in contradiction and therefore the Kimberley must also widen its monitoring to include the issue of human rights because we understand that the definition of conflict diamonds according to Kimberley, it’s very narrow but with these problems mentioned which are coming up they are a challenge to Kimberley to ensure that there are situations where even the government can also, government agents can create conflicts in these diamond rich areas as opposed to the traditional definition of conflict diamonds whereby it’s only rebels who will be trying to use diamonds to unseat an elected government or democratic government. Therefore the issue of human rights must also be part of the continuing monitoring by Kimberley.

AB: Now another big issue that people are worried about is that the profits of diamond sales aren’t going to go towards helping the country. Surely this also needs to be another pre-condition that any sales will legitimately go towards helping rebuild the country?

FM: Yah that is a cause for concern. We believe there has to be some structures in place to ensure that proceeds from these diamonds are not misused and they do not fund political activities but are properly accounted for, transparently, so that this country will benefit. We also want to see an efficient civil service in the country but when civil servants are paid $120, for over eight months, per month then there is a problem so we want to see this money getting into the Treasury and of late we have been receiving reports where the Finance minister was saying he was not receiving any. And right, I think it was yesterday there was another report saying that there was 30 million dollars from the diamonds which went missing, therefore there must be mechanisms put in place to ensure that the diamonds do not go into the pockets of the wealthy, the connected and the powerful but are properly accounted for through the central government. Therefore it’s still a cause for concern even for us here.

AB: It’s these concerns that, it’s the reason why Finance Minister Tendai Biti, he said he’s going to propose a Diamond Act through parliament to try and ensure that all sales of diamonds go through the government coffers. Do you think this would be a good idea?

FM: I strongly believe it’s a good idea and I also got his idea when he said that this awarding of licences to small companies which do not even have a history of mining must be stopped completely and immediately and the government must oversee the mining in Chiadzwa, of course in partnership with companies with the capacity and the technical know-how to mine diamonds and this must be controlled by the central government and (inaudible) this diamond policy must close all the loop holes which has been seeing the haemorrhaging of the economy through theft of diamonds and some shoddy deals, some disappearance of diamonds even from the Reserve Bank, the disappearance of money through some individuals who are well connected and well placed and had influence on what was happening in Chiadzwa. So I completely support what the Finance Minister said but the question is – is there a political will to ensure that there is a diamond policy in the country that will ensure transparency and accountability. Zimbabwe has never come short of coming up with policies and good speeches in parliament. The biggest problem in Zimbabwe has been the political will to implement all those policies expeditiously and effectively. That is the problem that we foresee with this proposed diamond policy.

AB: It’s also going to be political will then at the end of the day to make good on promises to adhere to the Kimberley Process Joint Work Plan which is still in place. They last year decided on the Joint Work Plan and that still needs to be adhered to, this obviously is going to take a lot of political will.

FM: It will definitely take political will. I think that is the missing link and that is the most important factor. The moment there is a political will among all the players in government to implement the Joint Work Plan and cooperate with the Kimberley Process certification scheme then everything else will be in place but if there is no political will, if we continue grandstanding about our friends and our enemies and continue with those claims and threats that we can even sell the diamonds without the certification of the KP then I don’t think we can go anywhere but I believe we need to humble ourselves as a nation and accept that we don’t live as an island, we are not in isolation, we are part of the wider world and then work with the KP and receive assistance. I believe Zimbabwe needs technical assistance and in many other forms to ensure that the whole of Marange comes under production and that all these diamonds contribute to the national fiscus. So without that political will I’m afraid that Marange diamonds shall continue to be a hot spot for many decades to come and even lead to armed conflicts and destabilise the entire region.

AB: What else then should the World Diamond Council, the Kimberley Process and everybody else who’s involved there take into account when it comes to moving forward with an agreement with the government?

FM: I think there’s a need for the KP, the World Diamond Council to also lobby the regional leaders with regard to the Marange diamonds. This is no longer just a Zimbabwean issue, it’s a regional issue, it’s an international issue. They also need to be as diplomatic as possible in terms of engaging the Zimbabwe government. By now I think they understand some of the attitudes in some players in the Zimbabwe government, that is also very, very important. I’m not sure about the issue of monitoring, how this should be done, but in my view, placing the issue of monitoring Marange diamonds in the hands of an individual compromises the whole credibility of the whole KP’s ethos. What needs to be done is to form a team of monitors who can then be deployed and to work with various government agencies which have something to do with Marange and this team must involve people with different (inaudible) not to just appoint a single individual to do such a monumental task. This is subject to manipulation and to corruption so if the KP is going to have a feasible presence in Zimbabwe to monitor these Marange diamonds and to give expert advice to Zimbabwe then the earlier they move from this approach of a one man monitor to deploying a team, like the monitoring team which visited Zimbabwe in 2009, the better. Then a report which is compiled by a group of people is likely to be less controversial than a report which is produced by an individual.

AB: Looking than at the kind of international support that you personally have had since you’ve been locked away – groups like Partnership Africa Canada, Global Witness, Human Rights Watch – have all been so vocal in calling for your release, it is so good then that at least this issue is in the public light and in the international light.

FM: Yes, I strongly believe this international condemnation from these very powerful and effective international institutions and also some local institutions in Zimbabwe, it has brought the issue of Marange diamonds to the international forum and I believe it’s good for the country in that it enhances transparency and more accountability, it means there are more people out there who have got an interest in knowing what is happening in Marange including the human rights issue that we have been talking about. So I also think that the arrest was a blessing in disguise, it has brought up issues which I would not have brought up in my normal work that I do so I really appreciate that support that came from these international institutions demanding for my release.

AB: You spoke there just briefly about accountability and transparency - it’s obviously going to be very important to set that benchmark for accountability and transparency going forward.

FM: Yes, very much important. Without this demand for accountability and transparency then I believe there maybe some certification of some form but without accountability and transparency, yes Zimbabwe will be known as an exporter of diamonds but you will be surprised by the level of suffering that we find on the ground where there is no trickle down effect, the diamond sales, the profits from the diamonds will not lead to any economic development in the country or will not affect lives on the ground. Therefore accountability and transparency must be one of the benchmarks and must be demanded by the KP and the whole Diamond Council so that when these diamonds have been sold, the figures must be declared – how much, what is the volume of the diamond that has been sold, how much has the country received so that at least even the Treasury can account to the nation on how these diamonds, how these proceeds have been used for the benefit of the country.

AB: OK Farai, well talking about then your personal situation, it is fantastic that you are finally out on bail, what kind of conditions though have you been set? You’re obviously still in quite a precarious situation?

FM: Yah the conditions say that I must report at the police station every day between 6am and 6pm, my car, I mean sorry my passport has to be surrendered to the Clerk of Courts by the police, I must not travel beyond a 40 kilometres radius of Mutare, what else – I should continue staying at my residence in Mutare and I should not interfere with State witnesses. I think those are the conditions which were imposed and of course the payment of one thousand five hundred US dollar bail.

AB: Now there are calls for the charges against you to be dropped. That obviously hasn’t happened yet, how likely is it that they will drop these charges? Do you think that will be a good idea?

FM: Well I wouldn’t really know how the case will proceed, as I said it’s before the courts and I’m not at liberty to really comment on that except to say of course I welcome the calls to have the dropped charge, to have the charges dropped but I wouldn’t know whether they are going to do that. If they do that I welcome it (inaudible) because it’s very perilous to have such a case pending on you, it’s the price of your liberty and your freedom to move and to associate with friends and relatives and to do my normal business.

AB: How long do you think that they will be able to keep going for, this has already been a six week process just to get you out on bail? Do you think this will go on for much longer?

FM: It may go on for much longer. In Zimbabwe we have got cases which have gone on for over a year and in some cases a person has been in remand prison for close to a year or even more so you never know, it all depends with the level of determination of the State to keep the case going, how much energy do they have, how much evidence do they have, so it all depends with the State how far they want to go with the case but I believe me and my defence council, we are prepared for anything.

AB: A final question then Farai – are you worried that you’ll be rearrested? The situation is still precarious, the diamond issue is still going to be very, very high on peoples’ agendas, are you worried at all that you’ll any time be rearrested?

FM: To be rearrested, it’s a possibility but I can’t really say I’m really worried about it. I believe what I’ve been doing, I would strongly believe there’s nothing wrong with what I’ve been doing and what I’ve been writing and I anticipated the consequences of it and so what happened to me was not a surprise and if it happens again I will not be surprised, So I’m not worried at all although I know that there is that possibility.

AB: Well that was diamond researcher and human rights activist Farai Maguwu who was finally released on bail this week after more than five weeks in custody after he was arrested in early June. Well that brings us to the end of the Hot Seat for this week, so from me Alex Bell, good night.

Feedback can be sent to alex@swradioafrica.com