Human rights violations in the Zambian mining sector

Abstract

This dissertation is a legal analysis of the violations of human rights in the Zambian mining sector. The study provides a brief background to the mining sector in Zambia, the facts of several past and ongoing cases related to the human rights violations in the Zambia mining sector, summaries of domestic, regional and international human rights law applicable to the Zambian mining sector and then applies the legal framework to the facts of past of and ongoing cases relating to violations of human rights in the Zambian mining sector. The study thus aims to discuss the effectiveness of the Zambian legal framework in addressing human rights violations in the mining sector. In doing so, it aims at establishing whether the Zambian legal framework, in practice, is reducing and mitigating the negative impacts of the mining sector on human. The study will inform the government, regulatory institutions, mining companies, and grievance mechanisms of what is expected of them under the existing regulatory framework, including regional and international standards and also empower affected communities on when and how to seek a remedy . By employing a desktop-based research methodology, the study analyses reported incidences of human rights violations in the mining sector in the light of existing legal framework. It also analyse issues around the enforcement of existing legal frameworks and some gaps and inconsistencies between Zamia domestic legal frameworks and regional and international instruments to which Zambia is a party. The reveals that there are persistent incidences and cases of violations of human rights in the mining sector which include, air, water, and soil pollution, land degradation, and the displacement of rural communities without consultation and fair compensation. Besides, mining workers are subjected to poor and unsafe working conditions and standard and the use of excessive force by both public and private security forces. The study also reveals that Zambia has laws and regulations aimed at minimizing the negative impacts of mining operations on human rights and ratifying several international and regional human rights instruments. While the law provides protections of human rights, there is a chronic lack of enforcement of the law and underfunding of most of the major regulatory bodies. The majority of victims are poor and unable to access justice without the provision of meaningful legal aid. In addition, there are fairly large gaps between the existing law regional and international law. The Zambian legal framework lacks concrete requirements for consultations with and participation of local communities. Therefore, the Zambian legal framework is ineffective in addressing human rights violation in the mining sector.