The agreed decision recognized
“the extraordinary
humanitarian nature of this issue and the devastating impact of
conflicts fuelled by trade in conflict diamonds on the peace, safety
and security of people in affected countries and the systematic and
gross human rights violations that have been perpetrated in such
conflicts”.
The waiver was requested by Australia, Brazil, Canada,
Israel, Japan, Korea, Philippines, Sierra Leone, Thailand, United Arab
Emirates and United States. They requested a waiver from GATT rules to
give legal certainty to domestic measures taken under the Kimberley
Process aimed at curbing the trade in conflict diamonds while
supporting legitimate diamond trade.
The WTO waiver decision would exempt — from 1 January 2003 until 31 December 2006
— trade measures taken under the Kimberley
Process by these 11 members and other members that would subsequently
join from GATT provisions on most-favoured-nation treatment (Article
I:1), elimination of quantitative restrictions (Article XI:1) and
non-discriminatory administration of quantitative restrictions
(Article XIII:1).
Participants in the Kimberley Process, on November 5,
2002, issued the Interlaken Declaration expressing their intent to
implement an international scheme of certification for rough diamonds
to help break the link between armed conflict and the trade in rough
diamonds. The Kimberley Process provides that each participant should
“ensure that no shipment of rough diamonds is imported or
exported to a non-Participant”.
The Chairman of the Goods Council, Ambassador M
Supperamaniam of Malaysia, thanked Canada for conducting the informal
consultations that led to the agreement on the waiver. He added that
this issue had been handled in a cooperative and pragmatic manner by
members. It was noted that the waiver is open for other member to join
until or even after the decision is adopted by the General Council.
