Foreign direct investment in Zambian mining sector : the need for environmental protection and human rights

Abstract

Promotion of foreign direct investment in Zambia’s mining sector has been a key priority of the government ever since large scale mining commenced in the country. The sector, which confers on the country numerous benefits either from the economic or social front, has continued to grow with a number of mines being opened in most parts of the country. However, mining, by nature, leads to degradation of the environment and consequently affects the right of persons to enjoy a clean, safe and healthy environment. In light of this, it became imperative that a study is undertaken to investigate the extent to which the environment and human rights are protected from the effects of mining activities in Zambia. The purpose of undertaking this study is to suggest an approach that could be adopted in order to ensure protection of the environment from the negative effects of mining activities. In achieving this goal, a comparative approach was embraced and a qualitative method of data collection employed. The study has revealed that foreign direct investment, environmental protection, and human rights are interrelated with one common objective– enhancing the livelihood of human beings. This is evident from the policies developed and legislation enacted to protect human rights and also control mining activities in Zambia. The study has also revealed that at the international level, standards have been developed to ensure minimisation of the effects of mining activities on the environment. However, these standards are not legally binding. A key finding of the study is that although there a number of domestic policies (such as the Mineral Resources Development Policy and National Policy on Environment) and legislation (Environmental Management Act and the Mines and Mineral Development Act) that prescribe the expected standards to be upheld by mining companies, these do not contain adequate mechanisms to curtail environmentally degrading mining activities. Furthermore, institutions such as the Human Rights Commission, Mines Safety Department and Zambia Environmental Management Agency that have the responsibility of ensuring that mining companies comply with the applicable legislation have not been effective in this regard largely as a result of the numerous challenges that they face, including insufficient funding, inadequate capacity and political interference. This has led some spirited non-governmental organisations to bring court actions against erring mining companies. The analysis of the decisions rendered by the courts shows that the courts have, in these cases, taken a dim view of claims brought before them by complainants against the actions of respondent mining companies. The thesis concludes that while there has been an increase in investment in the mining sector, there are no corresponding legislative or policy measures to curtail mining activities that have negative impacts on the environment. The absence of such measures has left mining companies at liberty to act with impunity at the expense of a sound environment and consequentially, protection of the human rights of persons that live in the vicinity of the mines. It is therefore argued that the framework for foreign investment has neither facilitated protection of the environment nor guaranteed respect for human rights. In order to address this problem, a suggestion is made to the effect that Zambia's legislation needs to adopt some of the best practices that exist in the mining and environmental legislation enacted by some SADC Member States. Doing so would ensure mutual reinforcement of the framework on foreign direct investment and mining on the one hand, and environmental protection and human rights on the other.