Report: ACCA Climate Justice and Critical Minerals Workshop
Venue: Lusaka, Zambia
Date: 8 -11 July 2024
Conveners
- ACCA – African Coalition on Corporate Accountability
- CRMAA – Critical Minerals Accountability Alliance Centre for Applied Legal Studies
- ZWA – Zambia Women Alliance
Background and Purposes of the Meeting
The African Coalition for Corporate Accountability (ACCA) in collaboration with the Critical Minerals Accountability Alliance (CMAA) hosted a training program on “Climate Justice, Critical Minerals in Africa, and Human Rights and Due Diligence Obligations.” In bringing together experts, practitioners, and stakeholders, the training seeks to equip participants with the necessary knowledge and skills to address the multifaceted challenges posed by the mining sector, particularly in relation to environmental and social justice. Climate justice is an ethical and political issue that frames climate change as a social and environmental justice problem, emphasizing the disproportionate impact of climate change on vulnerable populations. Furthermore, climate justice emphasizes addressing the unequal and disproportionate effects of climate change on different populations and aims to rectify these injustices equitably. Its goals include reducing marginalization, exploitation, and oppression while promoting equity and justice. This approach necessitates thoroughly analyzing who is the Sustainable Development Goals (SDGs), including SDG 13 (Climate Action), SDG 12 (Responsible Consumption and Production), and SDG 16 (Peace, Justice, and Strong Institutions). The program contributes to responsible consumption and production patterns in addressing the extraction and use of critical minerals. Furthermore, advocating for human rights and equitable practices in the mining sector promotes peace, justice, and the strengthening of institutions. Through a comprehensive exploration of climate justice, the training directly supports climate and environmental action and ensures corporate accountability. The drive towards green energy should not be at the expense of human rights and the environment. This alignment underscores the importance of fostering holistic and integrated approaches to sustainable development. Thus, the program was aimed at;
- To enhance participants’ understanding of climate and environmental justice principles and their relevance to critical minerals extraction in Africa.
- To provide a comprehensive overview of the legal and regulatory frameworks governing mining activities, including human rights and due diligence obligations.
- To equip participants with practical skills through the analysis of real-world cases, focusing on access to information, challenges to licensing procedures, and litigation strategies to support affected communities.
Key sessions and issues discussed
The sessions were divided into four thematic areas covering the following issues;
- Climate and Environmental Justice and Critical Minerals in Central Africa this session introduced the concept of climate justice, highlighting its significance in the African context. Participants explored the environmental and social impacts of critical minerals extraction, with examples from across the continent, particularly in Zambia, DRC, Cameron and Zimbabwe. The session also discussed the importance of sustainable practices and the role of various stakeholders in promoting climate and environmental justice.
- Legal and Regulatory Frameworks this session provided an in-depth examination of the legal and regulatory frameworks that govern mining activities in DRC, Zambia, Zimbabwe and Cameroon. The sessions also covered aspects of the requirements for environmental impact assessments and public participation in the decision-making process.
- Human Rights and Due Diligence Obligations this session focused on the human rights implications of critical minerals mining. It covered the due diligence obligations of companies and states, emphasizing the need to prevent human rights abuses and ensure accountability. Participants also examined case studies of human rights violations in the mining sector and discuss best practices for implementing due diligence measures.
- Practical Case Studies and Advocacy Strategies This session provide practical insights through the analysis of real-world cases. Topics included access to information requests, challenges to licensing procedures, and litigation in support of affected communities, focusing on lessons from Cameron, South Africa and Zambia
Key take aways, recommendations and opportunities for ZELA
- ZELA can learn from South African cases to start building cases on climate justice. Cases may be initiated on legislative, constitutional challenges, or challenging actions or inactions of government entities, or challenging EIAs which are not inclusive, or which do not have climate impacts assessments, or rehabilitation cases.
- There is need to push for critical minerals strategies and policies, as all African countries do not have such strategies. However, all Western countries have clear strategies.
- There is need to build capacity of communities on access to information especially environmental information.
- ZELA should consider engaging with Natural Justice, on its Energy Transition Project, Defenders Initiatives to explore opportunities, as it provides support to EHRDs.
- ZELA can also consider using the African Human rights system like African Commission on Human and People’s Rights to seek opinions.
- Partnership with Pan African Parliament on Climate Change. The PAP is conceptualizing development of an African Model Law on Climate Change. Clement the Legal Advisor to PAP is ready to collaborate with us