‘Human Rights Obligations of Chinese Investors In Zimbabwe: A Focus on the Mining Sector’

Over the past decade, China has emerged as a global political and economic power. It has become Africa’s largest trading partner and has signed bilateral ties with 45 African countries.  48 out of the 54 African countries have established diplomatic ties with China. Between 2005 and 2017 China invested $58 billion in sub-Saharan African mining and energy sectors. Despite the commodity price downturn, China continues to be a leading investor in the global mining industry. However, the increasing footprint of Chinese corporations in the  mining sector in Africa in general and Zimbabwe in particular has created huge controversies based on how Chinese businesses seemingly ignore human rights and environmental responsibilities in host mining communities. Recently, the issue of unfair labour practices and use of violence by Chinese nationals in the mining sector has been topical. On 21^st June 2020, Wendy Chikwaira and Kennedy Tachiona  were shot by their Chinese Mine employer at Reden Mine in Gweru for allegedly demanding their unpaid salaries.

…Research shows that China’s preferred understanding of human rights is that ‘universal’ human rights are goals to be attained on the path to development rather than binding legal obligations. This means that collective socio-economic or ‘survival’ rights are firmly prioritized over individual civil and political rights. Chinese authorities firmly believe that the Western human rights model cannot be considered universal since states and regions differ in cultural and civilizational development. Therefore, according to the Chinese since rights are given by the state, they cannot be claimed by or for oneself. Zimbabwe’s human rights concept is different from that of China...Therefore, all rights, for instance, labour rights, freedom of expression, freedom of association have equal status and are all necessary to protect human dignity.

…In the Zimbabwean context, the protection, promotion and respect of human rights is a binding legal obligation. This means that anyone alleging the infringement of human rights as enshrined in Zimbabwean Constitution by any duty bearer can approach the courts for redress. It is therefore worth noting that there is a huge ideological contradiction on how Chinese and Zimbabweans understand and approach human rights…Despite Chinese investors operating in Zimbabwe’s mining sector which has clear obligations to respect human rights including environmental and labour rights, allegations of violations of these rights are being levelled against them. The Constitution of Zimbabwe is clear on their obligations on human rights and the moment the investors commence operation in Zimbabwe they are bound by the dictates of the Constitution.