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The regulation of the extractives sector in Zimbabwe has recently come under scrutiny due to the uncertain social, economic and political environment. Zimbabwe's mining sector was under colonial legislation for a long time and that legislation has recently been reviewed. Existing extractives sector laws do not adequately promote transparency and accountability, an issue recognized by stakeholders throughout the mining sector. The advent of the new constitution and law reform processes indicates Zimbabwe's intention to incorporate good governance, transparency and accountability provisions in the mining sector. State driven reforms have been inspired by global and local civil society initiatives. Analysis shows that, for various reasons, the government does not readily embrace such initiatives, which are important drivers of official policy and legal reforms. Zimbabwean environmental civil society groups have been exceptional in this regard.
While current efforts to increase transparency and accountability in the management of natural resources emphasize the roles and responsibilities of a broad range of actors, relatively little attention has been paid to the potential contribution of elected legislators. Yet, the three core functions of legislative bodies - representing constituent interests, making or shaping public policy, and overseeing policy implementation by executive branch agencies - are central to any effort in this area. This report is an effort to help elected political officials - particularly those in the legislative branch of government - serve as constructive leaders in improving the oversight and management of their countries' natural resources.
This book is a pacesetter in matters of mining and the environment in Africa from multidisciplinary and spatio-temporal perspectives. The book approaches mining from the perspectives of law, politics, archaeology, anthropology, African studies, geography, human ecology, sociology, history, economics and development. It interrogates mining and environment from the perspectives of customary law as well as from the perspectives of Euro-modern laws. In this sense, the book straddles precolonial, colonial and postcolonial mining and environmental perspectives. In all this, it maintains a Pan-Africanist perspective that also speaks to contemporary debates on African Renaissance and to the unity of Africa. From scrutinising the lived realities of African miners who are often insensitively and unjustly addressed as illegal miners, the book also interrogates transnational mining corporations; matters of corporate social responsibility as well as matters of tax evasions by transnational corporations whose commitment to accountability to African governments is questioned. With both theoretical chapters and chapter based on empirical studies on mining and the environment across the African continent, the book provides a much needed holistic, one stop shop for scholars, activists, researchers and policy makers who need a comprehensive treatise on African mining and the environment. The book comes at the right time when matters of African mining and environment are increasingly coming to the fore in the light of discourses about the new 21st century scramble for African resources, in which big transnational corporations and nations are jostling to suck Africa dry in their race to control planetary resources. It is a book that speaks to contemporary broader issues of (de-)coloniality and transformation of African minds and African environmental resources.
This book explores the nexus between natural resources ownership and the right to development in Africa. The right to sovereignty over natural resources and the right to development are recognised and protected in an extensive framework of international, regional and domestic instruments. They guarantee people's entitlement to fully and freely utilise their natural resources as a means of subsistence and for economic, social and cultural development. Yet, despite the abundance of natural resources in Africa a majority of the people on the continent remain largely impoverished. This book articulates the central argument that to achieve the right to development in Africa requires appropriate governance of the continent’s natural resources to which the people of Africa are guaranteed sovereign ownership. With case study illustrations from Zimbabwe, Ghana, Ethiopia and the Democratic Republic of Congo, chapters explore the normative measures, specific guarantees and community entitlements to natural resources for the realisation of the right to development. The book will be an invaluable guide to scholars and postgraduate students of Natural Resources, Development and African studies as well as policymakers and practitioners in these areas.
This book examines corporate social responsibility theories and models in the context of developing countries. The developing countries are amongst the poorest countries of the world despite vast natural resources. The natural resources are mismanaged, proceeds are misappropriated, corruption and conflict are centered on resource control. Governments and Multinational Corporations (MNCs) are at the centre of the controversy of corporate social responsibility (CSR) in the affected countries. Moreover, the lack of systems, procedures and legislation to enforce CSR has led to environmental degradation and a decline in business ethics and morality. This book analyses Corporate Social Responsibility in developing countries with specific reference to the extractive industry by integrating academic and industrial perspectives. It will be of interest to researchers in the field of CSR, as well as for management professionals.
This book is the inaugural edition of the Nigerian Yearbook of International Law. The Yearbook is a necessary and timely publication that provides a forum for critical discourse on developments in international law, particularly where this has relevance for Nigeria, Africa and its people including those in the diaspora. The articles in this first volume explore topics under the following themes: International Law and Regional Systems, Contemporary Challenges/Emerging Issues, Criminal Law and Natural Resources/Environmental Law. There is also a section, which provides a comprehensive review of key decisions in African and International Courts/Tribunals. Contributors to this edition are international law jurists from across the world, including eminent judges of international tribunals, leading academics and an international diplomat.
The emergent so-called Fourth Industrial Revolution is regarded by some as a panacea for bringing about development to Africans. This book dismisses this flawed reasoning. Surfacing how investors are actually looting and plundering Africa; how the industrial internet of things, the gig economies, digital economies and cryptocurrencies breach African political and economic sovereignty, the book pioneers what can be called anticipatory economics which anticipate the future of economies. It is argued that the future of Africans does not necessarily require degrowth, postgrowth, postdevelopment, postcapitalism or sharing/solidarity economies: it requires attention to age-old questions about African ownership and control of their resources. Investors have to invest in ensuring that Africans own and control their resources. Further, it is pointed out that the historical imperial structural creation of forced labour is increasingly morphing into what we call the structural creation of forced leisure which is no less lethal for Africans. Because both the structural creation of forced labour and the structural creation of forced leisure are undergirded by transnational neo-imperial plunder, theft, robbery, looting and dispossession of Africans, this book goes beyond the simplistic arguments that Euro-America developed due to the industrial revolutions.
This volume examines the impact of globalization on international environmental law and the implementation of sustainable development in the Global South. Comprising contributions from lawyers from the Global South or who have experience in the Global South, this volume is organized into three parts, with a thematic inquiry woven through every chapter to ask how law can enable economies that can be sustained, given the limited carrying capacity of the earth. Part I describes and characterizes the status quo of environmental and economic problems in the Global South during the process of globalization. Some of those problems include redistribution of environmental burden on the public through over-reliance on the state in emerging economies and the transition to public-private partnerships, as well as extreme uncontrolled economic expansion. Building on Part I, Part II takes an international perspective by presenting some tools that are in place during the process of globalization that lead to friction and interfaces between developed and developing economies in environmental law. Recognizing the impossibility of a globalized Northern economy, the authors in Part III present some alternatives through framework ideas of human and civil rights, environmental rights, and indigenous persons’ rights, as well as concrete and specific legal tools to strengthen justice and rule of law institutions. The book gives new perspectives to familiar approaches through concrete examples by professional practitioners and theoretical discourse by academic researchers, and can thereby form the basis for changes in practices, as well as further discussions and comparisons. This book will be of great interest to students and scholars of environmental law, sustainable development, and globalization and international relations, as well as legal professionals and practitioners.