Transnational Mining Companies and the Conundrum of Human Rights Protection in Central Africa: Towards Strengthening the Horizontal Effects of Fundamental Human Rights?
摘要
Despite having an abundance of mineral resourcesabundance of mineral resources, the populations of the Central African states have not benefitted much from these resources, with their exploitation having led to dire human rights violations. Driven by this unfortunate reality, the region has reformed its mining codes to better protect human rights in the mining and extractive sectors. However, there is a need to strengthen the safeguarding of these rights through the horizontal application of fundamental rights. This would ensure the criminalisation of human rights violations, the industrial liability of their perpetrators, the imprescriptibility of actions for compensation by victims, and the development of mining justice and human rights education. This chapter examines the human rightshuman rights issues arising from the activities of transnational mining companies in Africa, with a focus on the central African regions. It is argued that the rise of human rights violations in the extractive industries and mining presents a conundrum, especially as States give in to the artifices of the mining industries to maximise profit. This conundrum is exacerbated by soft and subtle deregulation, a denial of the rights of local communities, and tax fraud. To achieve this aim the chapter uses perspective, positivist, critical thinking, comparative, and socio-political research approaches.