Abstract:
The priorities of African 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.
