Abstract
SUMMARY The priorities ofAfrican governments regarding the extractive industry tend to focus on economic interests leading them to provide a conducive environment for investments by private entities. Furthermore, reforms in the industry are inclined to promote these priorities with less consideration for adequate protection for affected people and their environment, including protection from resulting social and environmental impacts. The result in economies endowed with mineral resources is that resources are poorly managed and the outcomes of exploitation of mineral resources are environmental degradation, loss of lives, displacement, conflicts between companies and mining communities, protests against mining projects, and human rights violations. These problems in the long run slow down development and forestall its benefits because of poor regard for the concerns of affected people by the government and companies. Filling the gaps in extractive policies, particularly in the area of protection of communities and their environment affected by activities of the extractive industry, is essential to tackle the environmental and social outcomes of mining activities. In this article the legal and institutional framework regulating the mining industry in selected jurisdictions in Africa is examined to determine the extent to which they respond to the problems arising from the development of mineral resources, particularly the human rights violations caused by the adverse impacts of mining. Some lessons are drawn for the benefit of other countries. The article argues that some of these mining policies poorly encourage effective protection of affected communities, particularly human rights, in mining developments. The article proposes that mineral legal regimes need to be strengthened for the effective protection of affected people and their environment. Key words: mining industry; mineral resources; mining; mining policies; human rights
Highlights
In Africa the extractive industry is a major source of revenue for the economies of countries endowed with various mineral resources.[1]
The policies should encourage public participation in the management, protection and conservation of the environment and extend such to matters related to mining developments
Express provisions in the mining laws regarding the participation of mine host communities are lacking
Summary
In Africa the extractive industry is a major source of revenue for the economies of countries endowed with various mineral resources.[1]. Governments and other stakeholders need to be mindful of the negative impacts caused by the exploitation of mineral resources on the rights of host communities, the environment, and even the national economy in the long run. Economic impacts.[3] There is evidence that host communities are threatened by the dangers posed by the exploitation of mineral resources in some countries in Africa.[4] This requires an adequate and effective response to reduce and avoid these negative effects. The Working Group on Extractive Industries, Environment and Human Rights Violations in Africa indicated that the increase in exploitation of natural resources on the African continent has given rise to the violation of human rights.[5]. A major problem is that the legal and institutional framework regulating the mining sector in some states on the African continent does not adequately cater for the protection of mining host communities and their environment.
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