Gap Analysis Of The Institutional, Legal And Policy Framework on Mining in Zimbabwe In Relation To Business And Human Rights
|File Size||1.97 MB|
|Create Date||September 29, 2018|
|Last Updated||October 3, 2018|
This paper will assess the extent to which Zimbabwean laws reflect the aspirations of the United Nations Guiding Principles on Business and Human Rights in relation to the mining sector. The Guiding Principles on Business and Human Rights were endorsed by the United Nations Human Rights Council in June 2011 and are now an international standard in this area. 31 principles make up the Guiding Principles directed at States and companies to clarify their duties and responsibilities to protect and respect human rights in the context of business activities and to ensure access to an effective remedy for individuals and groups affected by such activities1. These principles are premised on the three pillars of the “protect, respect and remedy” framework. The framework provides that:
1. All States have a duty to protect everyone within their jurisdiction from human rights abuses committed by companies.
2. Companies have a responsibility to respect human rights—i.e., avoid infringing on the rights of others wherever they operate and whatever their size or industry, and address any impact that does occur. This responsibility exists independently of whether States fulfil their obligations.
3. When abuses occur, victims must have access to effective remedy, through judicial and non-judicial grievance mechanisms. Regardless of the context, States and companies retain these distinct but complementary responsibilities.