Key highlights from the Alternative Mining Indaba (AMI)’s policy lab on just energy transition: A commentary  

Tafara Chiremba

Introduction

The Danish Institute for Human Rights (DIHR) in partnership with the Zimbabwe Environmental Law Association (ZELA), Centre for Environment Justice (CEJ – Zambia), Afrewatch (Democratic Republic of Congo) and Hakilasilimali (Tanzania) hosted a policy lab session during the Alternative Mining Indaba (AMI) on 5 February 2025 in Cape Town, South Africa. The session focused on sharing key insights about the DIHR project being implemented by the partners on Supporting Just Transition in Africa through Responsible Business Conduct, as well as discuss key thematic areas for the project to draw lessons and insights from various stakeholders present. The overall objective of the Project is to support the promotion and protection of human rights in the Just Transition in Africa, with a particular focus on the role of transition minerals. The project will contribute to the long-term vision or ultimate objective of a just and inclusive energy transition in which human rights are respected and promoted in Africa.

Why promoting Responsible Business Contact (RBC) is critical in the Just Energy Transition

The project is conceived against the background of a global decarbonization agenda driving demand for transitional minerals to meet climate goals. While extraction of these minerals presents significant economic opportunities, the transition for each country needs to be self-paced and self-defined in terms of goals and objectives of each country. Similarly, producer countries like Zimbabwe ought to put in place mechanisms to address emerging risks and violations associated with exploitation of transitional minerals and promote responsible business conduct in the sector. There is already concern that the just energy transition narrative is not for the African countries that are producing the critical minerals but for the global north countries and capital. No wonder why this year’s Alternative Mining Indaba (AMI) was themed: Energy transition for who? The critical question of our times!

This concern emanates from the fact that African countries are supplying critical minerals in response to global demand, but they do not benefit equitably from exporting critical minerals. If anything, communities within our African countries are left to count the cost of environmental degradation that is happening as extraction of critical minerals increases to meet the global demand. The Responsible Business Contact comes as a crucial element to ensure that the global green transition is just and inclusive for Africa. The RBC entails a transition were people and the environment are protected from environmental and social harm, and effective remedy can be sought if harm was not prevented. A transition where countries and their citizens have access to sustainable and shared benefits from its resources. What is currently obtaining in the African continent is that critical minerals are causing more human rights and environmental challenges. There are no commensurate benefits coming out of the critical mineral despite the vast opportunities that the minerals present in terms of fostering development. This is compounded by the fact that critical minerals are sourced in raw form accelerating the problem of illicit financial flows. The RBC creates an environment that attracts responsible investors and opens the doors to financial and business opportunities.

The complexities of fostering Mandatory Human Rights Standards as part of the mechanisms to promote RBC

One of the topics that the policy lab discussed as a critical element in promoting RBC in the just energy transition is the issue of fostering mandatory human rights standards. Mandatory human rights which are largely anchored on UN guiding Principles on Business and Human Rights entail putting obligations to companies to assess human rights implications of their operations, putting in place mechanisms to address them (including provision of access to remedy in case of violations) and reporting.  An observation has been made that mandatory human rights standards have been embraced in the global north countries through international soft laws and standards such as the European Union (EU)’s Corporate Sustainability Due Diligence Directive (CSDDD). Although there is an increasing trend where mining companies are already using the soft law and standards to regulate themselves on human rights, back in the African governments, where they are sourcing the critical minerals, mandatory human rights standards have not been comprehensively adopted.

The question that begs answers is: Why is it so? Well, a number of challenges have resulted in the slow progress on adoption of effective mandatory human rights standards in Africa. One of these challenges is that in most instances as African countries, we are suppliers of critical minerals and not final consumers, so African governments have no bargaining power in creating these human rights standards for the investors as they will be regarded as disincentives for investments. This is also compounded by the individualist approach to attracting investments at Africa level. A low hanging fruit exist where the African continent has a huge advantage to foster a common approach to advance responsible mineral resource governance frameworks through implementing the Africa Mining Vision, Africa Green Minerals Strategy and the African Minerals Development Centre (AMDC). Apparently, there is little that has been done to ensure full implementation of the standards as most of the countries have not yet signed up to the African Minerals Development Centre (AMDC) statute, which a key springboard for the implementation of the regional mineral governance framework.  

Another problem is the failure to contextualize the mandatory human rights standards and come up with what works for each African country. However, countries such as Zimbabwe already have different pieces of laws and regulations that speak to some aspects of mandatory human rights due diligence. For example, the Environmental Management Agency (EMA) Act, the Zimbabwe Investment and Development Agency (ZIDA) Act and the Mines and Minerals Act are all legislative instruments that have some components on mandatory human rights due diligence. This means contextualizing mandatory human rights due diligence in Zimbabwe requires understanding what is already there and calling for improvement where there are gaps, especially on harmonization and implementation.  Connected to this is also the aspect of weak institutions. The argument was that even if mandatory human rights standards are implemented in their wholesome nature – as per the international mandatory human rights standards – without addressing the problem of weak institutions, it may not be possible to realize the benefits. This points to the importance of initiatives to strength the capacity of state institutions to perform their mandate in promoting Responsible Business Contact within the critical minerals value chain.

The other challenges are to do with even the failure of the some of the international human rights due diligence standards to ensure communities’ needs are at the centre when it comes to formulation and implementation. Whilst it is important to appreciate the self-regulation initiatives that companies have taken through these standards, one major drawback of these standards is the lack of effective involvement of communities. The point is, as we devour to foster domestication of international human rights standards within our own laws, special attention must be given inclusivity, where communities’ needs are taken into considerations and communities are empowered to participate in these processes. After all, the issue of community empowerment is a principal theme that is guiding advocacy on the just energy transition.

Entry points to foster Mandatory Human Rights Standards and existing opportunities

From the forgoing discussion, there are a number of entry points and opportunities that exist to foster mandatory human rights standards within African governments. Some of these include:  

• Working with the African Union (AU) and the Southern African Development Community (SADC) as entry points where the focus should be about enforcing Governments to  implement progressive regional policies on responsible mining such as the AU’s Green Minerals Strategy and the Africa Mining Vision (AMV).
• Ensuring that communities’ needs are factored in during the development of  standards
• Improving community involvement, education  and awareness raising in these standards. 
• Domestication of  international soft law and standards  in national legislation taking into consideration countries’ different contexts.
• Ensuring that the different pieces of  legislation are integrated and they speak to each other.
• Enforcing implementation through strengthening the capacity of state institutions
• Using the UN Guiding Principles on Business and Human Rights and National Action plans. 
• Considering use of corporate law as part of the duties and obligations of directors.