Widespread human rights violations in the Zim mining sector

The Zimbabwe Environmental Law Association (Zela) is a public interest environmental law group based in Zimbabwe that promotes good management of natural resources in Zimbabwe and the southern African region.

The organisation has over 20 years of experience in promoting good natural resources through policy research, advocacy and monitoring of human rights in the extractive sector in Africa. It also has observer status with the Commission.

Zimbabwe has been a state party to the African Charter on Human and Peoples’ Rights (African Charter) since its ratification of the Treaty in 1986.

Despite being a party to the Human Rights Charter, which encourages the promotion and protection of human rights and has enshrined social, economic and cultural rights in its 2023 constitution, Zimbabweans living in mining communities continue to experience violations of their fundamental rights.

The world is grappling with climate change, which is driving an influx of investment to secure key minerals to enable the energy transition.

Africa is home to energy minerals that help meet global commitments under the Paris Agreement.

For example, Zimbabwe, home to the largest lithium deposits in Africa and the sixth largest in the world, has also seen an increase in foreign investment in the lithium sector.

While these investments are crucial to economic growth, there is growing evidence of human rights abuses linked to the extraction of key minerals, including lithium.

Zela documented human rights violations taking place in Zimbabwe in the context of critical energy or mineral extraction.

For example, Max Minds Investments in Buhera displaced 40 houses to prepare the area for lithium mining.

These communities continue to suffer from the loss of land and livelihoods and live in degrading conditions.

In addition, 33 other families in Insiza are at risk of being displaced by African Premier Minerals to pave the way for lithium mining.

Many other communities have been victims of displacement for the extraction of critical minerals.

The State has not effectively fulfilled its obligations under the Charter to protect citizens in cases of disposition and to provide adequate compensation, as referred to in Article 21 of the Charter.

The situation is exacerbated by the lack of a legal framework regulating the dispossession of communities from their land and ensuring fair and adequate compensation.

In addition to physical displacement, unfair compensation and loss of livelihoods, mining companies continue to pollute the environment, violating the community’s right to a clean and safe environment as guaranteed by Article 24 of the Charter and established by Zimbabwe under Section 73 of the Constitution.

An example is the violations committed by Bikita Minerals, consisting in the pollution of the Matezva dam in Gutu.

Communities in areas such as Shurugwi, Zvishavane, Mberengwa, Goromonzi and Gwanda face similar concerns about lithium mining.

Unfortunately, the state has failed to protect the rights of vulnerable communities or hold companies accountable.

This situation occurs not only in Zimbabwe but also in other countries rich in mineral deposits.

According to a 2021 study by the Business and Human Rights Resource Centre (BHRRC) on the impact of foreign investment on human rights between 2013 and 2020, Africa recorded the second-highest number of allegations of human rights abuses, with 26.7% of claims filed against Chinese companies.

Another recent BHRRC report published in 2023 revealed 102 allegations of human rights and environmental violations related to critical mineral projects between 2021 and 20222.

These allegations of human rights abuses concerned not only Zimbabwe but also other African countries including: Democratic Republic of the Congo, Zambia, Ghana, Namibia and South Africa.

In the face of these challenges, it has become difficult for mining host communities and environmental advocates to hold corporations accountable.

Zela therefore calls on the Commission to:

Renewed emphasis on the Government of Zimbabwe and other mineral-rich countries on the need to respect human rights obligations in the extraction of critical minerals, as set out in the African Charter on Human and Peoples’ Rights,

Urge the government of Zimbabwe and other mineral-rich countries to report on Article 21 and 24 of the African Charter, using guidelines developed by the Commission

We call on the government of Zimbabwe and other mineral-rich countries to hold companies accountable for human rights abuses in the exploitation of natural resources and to ensure that investors exploiting lithium in Zimbabwe respect the environmental, social and cultural rights of Zimbabweans.

Urge the Government of Zimbabwe to develop an effective legal framework for displacement and compensation to ensure fairness, justice and the protection of the human rights of displaced people.

Finally, we call on the Commission to prioritise investigation into the human rights situation in communities holding lithium resources. – Zela

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