Open Policy: The State of Implementation of Business and Human Rights Principles in the Critical Minerals Value Chain in Southern Africa

On 9 May 2024, SARW hosted an expert-led webinar to assess the implementation of business and human rights principles in the critical minerals value chain. This issue paper presents findings from the webinar and additional literature reviews, focusing on whether these principles are upheld throughout the stages of extraction, processing, and distribution. The paper identifies challenges and success factors, providing recommendations for improvement. At the heart of this discussion is the global imperative for a just transition to a low-carbon economy, supported by renewable energy. Despite the continent’s vast reserves of critical minerals such as cobalt, lithium, and nickel, current extraction methods are harming local communities, generating conflict, and making them unsustainable.

The webinar highlighted severe threats to human rights and livelihoods, including discriminatory labour practices, environmental degradation, and a lack of contract transparency. Examples from Zimbabwe, Mozambique, and Namibia illustrate issues such as poor working conditions, land dispossession, and lead exposure among children. The Business and Human Rights Resource Centre noted the high number of human rights abuse allegations by minerals companies in Africa. As global demand for transition-critical minerals is projected to increase, the industry faces scrutiny for its practices. The paper underscores the need for a comprehensive approach, addressing governance, regulatory compliance, equitable energy access, and protection of land rights to ensure that the rights of affected communities are safeguarded and that effective remedies are available where harm occurs.