"Gap Analysis Of The Institutional, Legal And Policy Framework on Mining in Zimbabwe In Relation To Business And Human Rights"

This paper will assess the extent to which Zimbabwean laws reflect the aspirations of the United Nations Guiding Principles on Business and Human Rights in relation to the mining sector. The Guiding Principles on Business and Human Rights were endorsed by the United Nations Human Rights Council in June 2011 and are now an international standard in this area. 31 principles make up the Guiding Principles directed at States and companies to clarify their duties and responsibilities to protect and respect human rights in the context of business activities and to ensure access to an effective remedy for individuals and groups affected by such activities1. These principles are premised on the three pillars of the “protect, respect and remedy” framework...

We conclude that human rights need to be integrated at the beginning of licensing. To note is the fact that bad licensing is characterized by permitting mining companies to carry out mining without complying with EIA procedures, no rehabilitation and surety bonds and mine closure plans. These actions result in negative human rights impacts; environmental problems and impact negatively on the local communities. Thus, mining licensing is important in regulating the mining sector and keeping away unscrupulous mining operators, promote investments by companies that mine responsibly, sustainably and provide clear roles for companies, governments and other stakeholders.

We also conclude that the lack of Access to Information across the mining value chain for rights holders serves as a huge gap in implementing the Guiding Principles. The outdated Mines and Minerals Act does not focus on sustainability issues, EIAs, CSOTs, access and benefit sharing arrangements and corporate social responsibility let alone access to information for mining-affected communities. We conclude that amendments to the Mines and Minerals Act must include issues of promoting access to information by mining-affected communities, sustainability, EIAs, CSOTs, access and benefit sharing arrangements and corporate social responsibility.