Human Rights and Community Empowerment in the Mining Sector: The Legal Framework By: Christina Holder, JD Human Ri

1. Human Rights and Community Empowermentin the Mining Sector: The Legal FrameworkBy: Christina Holder, JDHuman Rights Fellow, Caritas Zambia

2. Discussion Questions Does government sufficiently regulate mining companies�to ensure�compliance with human rights, labor laws and environmental laws and policies? Do citizens of have free access to information about mining contracts, corporate operations, and policies? Do citizens have a place to turn if mining companies or the government trample on their rights? What is the way forward for ensuring mining activities enhance rather than impede the fulfillment of�human rights in Zambia? What are the strengths/weaknesses of CSOs to engage in EI advocacy? What are the strengths/weaknesses of the policy environment for EI advocacy?

3. Objectives of Presentation Understand the obligations of Government under international human rights law Understand the obligations of businesses under human rights law Become familiar with corporate accountability and corporate social responsibility frameworks Identify formal and informal accountability mechanisms that community groups can use to bring mining companies to justice for human rights violations

4. Mining industry is not contributing to pro-poor growth, due to one-sided contracts that unduly favor private investors. Mining communities are not given information, training, and opportunities to input on mining agreements or monitor company compliance with Zambian laws. Mining companies engage in discriminatory hiring practices. Mining companies violate the right to decent employment. Mining companies violate the right to a healthy environment (resulting in violations of the rights to health, water, food). Mining companies violate the right to housing. The Government is unwilling or unable to regulate the industry. Accountability mechanisms to redress human rights violations are inadequate and under-utilised. Recurring Social Justice Concerns in Zambia�s Mining Sector

5. How Can a Human Rights Approach to Mining Sector Accountability Help Address these Social Justice Concerns? Aligns social justice concerns with international human rights standards that Government has agreed to be bound by. The language of human rights lends legal and moral authority to accountability campaigns. Puts a premium on citizen empowerment, which means citizens� access to information about, and opportunities to meaningfully participate in, government decisions that affect their lives. Requires robust, ongoing monitoring of human rights violations committed by the Government or entities regulated by the Government (such as mining companies). Demands accountability for human rights violations, through judicial, administrative, or other mechanisms. In short, human rights based advocacy represents a promising strategy for making the mining sector more transparent, accountable and socially beneficial to regular Zambians.

6. International Covenant on Economic, Social and Cultural Rights (ICESCR): Ratified in 1984. International Covenant on Civil and Political Rights (ICCPR): Ratified in 1984. African Charter on Human and Peoples� Rights (ACHPR): Ratified in 1984. Convention on the Elimination of Racial Discrimination (CERD): Ratified in 1972. Convention Against Torture (CAT): Ratified in 1998. Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW): Ratified in 1985. Convention on the Rights of the Child (CRC): Ratified in 1991. 12 International Labour Organisation (ILO) Treaties, including: Freedom of Association and Protection of the Right to Organise Convention, Protection of Wages Convention, Equal Remuneration Convention, Discrimination (Employment and Occupation) Convention, Social Policy (Basic Aims and Standards) Convention, Employment Policy Convention, Minimum Wage Fixing Convention and Termination of Employment Convention. Which International and Regional Human Rights Treaties Has the Government Ratified?

7. What are some rights protected under these human rights treaties? ICESCR protects rights necessary to live in dignity and freedom from want, such as the right to an adequate standard of living for oneself and one's family, including adequate food, clothing, housing, and the continuous improvement of one�s living conditions. ICCPR protects the rights of physcal integrity; procedural fairness; equal protection; freedoms of belief, speech, association, assembly; information and political participation. ACHPR protects civil and political rights; economic, social and cultural rights; and the rights of all peoples (or groups of individuals) to be free from foreign domination and to develop economically, socially and culturally. CERD forbids discrimination on the basis of race, ethnicity, nationality, and social origin. CAT prevents torture and other cruel, inhuman or degrading treatment by Government or entities controlled by Government. CEDAW prevents discrimination based on gender and promotes substantive equality between women and men. CRC recognises the child as a full legal person with special rights.

8. Focus on ICCPR Rights contained in the ICCPR largely are incorporated into Zambian law. For example, the Constitution protects many civil and political rights, some of which are relevant to the mining sector. For example, under Part III of the Constitution, all Zambians, regardless of �race, place of origin, political opinions, color, creed, sex or marital status� are entitled to protection of: The right to life, liberty, and security of person. Freedom of conscience, expression, assembly, movement, and association. Protection of privacy in the home. Freedom from deprivation of property without just compensation. Freedom from slavery, servitude, forced labor, and torture. Other statutes � for example the Land Act and labor laws -- elaborate on some of these constitutional protections.

9. Focus on ICESCR Some ESC rights protected under the ICESCR include: The right to work (Article 6) and to just and favorable conditions of work (Article 7); The right to form and join trade unions and the right to strike (Article 8); The right to social security including social insurance (Article 9); The right to protection and assistance for the family and the prohibition of child labor (Article 10); The right to the highest attainable standard of physical and mental health (Article 12); The improvement of all aspects of environmental and industrial hygiene (Article 12) The right to education, including compulsory free basic education (Articles 13); The right to social security, including social insurance (Article 9); Government is duty-bound to give effect to the ICESCR in domestic law, by virtue of ratifying the treaty. However, most rights contained in the ICESCR have not yet been domesticated, or made legally binding under Zambian law. Rather, ESC rights are considered to be �Directive Principles� in the Constitution, meaning that government policies should aim to fulfill ESC rights, but a violation of ESC rights cannot be redressed before a court. The National Constitutional Convention is considering whether to include ESC rights in the new Bill or Rights, which would make ESC rights legally enforceable. Until then, communities experiencing violations are constrained to vindicate ESC rights through alternative means, such as quasi-judicial , administrative, and international complaints mechanisms

10. Some Fundamental Human Rights Principles Human rights are universal: They inhere in each individual equally, by virtue of being born. A human rights treaty becomes legally binding at the moment of ratification. Governments are duty-bound to give effect to (implement) treaties they ratify. National laws and policies should be interpreted in conformity with pre-existing treaty obligations. A country�s internal laws cannot be used as an excuse for failure to perform the obligations agreed to in a treaty (Art. 26 of the Vienna Convention on the Law of Treaties, 1969). All human rights are indivisible and interconnected. Human rights involve duties on the part of Government and private parties (as duty-bearers) and rights on the part of the individuals and communities (as rights holders) Traditionally, the State has been understood to have the primary responsibility to protect and promote the human rights of its people. However, with globalization and the increasing power of transnational businesses in host countries, business increasingly are understood to have human rights responsibilities too.

11. Government�s Basic Legal Duties Under Human Rights Law Duty to Respect: Government may not interfere directly or indirectly with the exercise of a right. Duty to Protect: Government must prevent third parties, such as business entities, from interfering with the right. Protection occurs primarily through effective regulation of third party activities, and effective remedies for violations. The obligation may be summarized as the duty to �prevent, investigate, punish and redress� violations by 3rd parties. Duty to Fulfill: Government must take necessary measures -- through its laws, administrative agencies, courts, and budget policies -- to progressively achieve full realization of all human rights. The Government must facilitate access for individual enjoyment of rights, and provide rights directly to those who cannot provide for themselves. Duty not to Discriminate: Government must guarantee each individual�s exercise of human rights �without discrimination of any kind as to race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status,� such as disability or HIV or AIDS status. Government must desist from discriminatory behavior, prevent third parties from discriminatory practices, and ensure judicial and other types of recourse.

12. Additional Legal Duties in the Context of ESCR ICESCR Article 2(1) stipulates: Each State Party to the [ICESCR] undertakes to take steps, individually and through international assistance and co-operation, especially economic and technical, to the maximum of its available resources, with a view to achieving progressively the full realization of the rights recognized in the present Covenant by all appropriate means, including particularly the adoption of legislative measures. From the above-mentioned text, specific duties of States Parties have been derived: Progressive Realization: Requires development of targeted, legally consistent and sufficiently progressive policies to achieve ESC rights. Legal steps are an important means of achieving ESC rights, but other means exist (for example, participatory budget policies and communications to a human rights ombudsperson). Maximum Available Resources: Requires the Government to maximize its resources to fulfill its ESC rights obligations. A country cannot use resource scarcity to justify non-fulfillment of at least minimum subsistence rights for everyone. Government must collect sufficient revenue and expend sufficient resources to secure ESC rights. Minimum Core Obligations: Requires Governments to prioritize �minimum core obligations� of each right, defined as the minimum essential level of each right. For example, the Committee on ESCR has defined the �minimum core� of the right to food as �The availability of food in a quantity and quality sufficient to satisfy the dietary needs of individuals, free from adverse substances, and acceptable within a given culture, the accessibility of such food in ways that are sustainable and that do not interfere with the enjoyment of other human rights. (Committee on ESCR, General Comments 3 and 12).

13. General Types of Human Rights Violations Government can violate your human rights in a number of different ways. It is important to be able to identify when a violation has occurred. This is the first step toward remedying the violation. Here are some common categories of rights violations: �Failure to respect� violation: Occurs when a government actor directly or indirectly violates your human right. For example, a failure to respect violation occurs when a police officer searches someone�s home without reasonable suspicion of criminal activity, or when the government excludes disabled children from free public schools. �Failure to protect� violation: Occurs when Government fails to prevent a third party from violating your human rights. For example, a failure to protect violation occurs when government knows, but does nothing about, a private company abusing its workers or illegally dumping waste into a river. �Failure to fulfill� violation: Occurs when Government fails to pass laws and develop policies aimed at progressively realising human rights. For example, failure to domesticate human rights treaties is a failure to fulfill violation.

14. Additional Human Rights Violations Specific to the ESCR Context Unjustified retrogression (backward step) in relation to an ESC right: Unjustified retrogression could occur in the following ways: (i) adoption of a policy that moves further away from the realization of a right; (ii) decreased budget allocation in relation to a right, (iii) reallocation of funds from social services that promote an ESC right to other programs not related to ESCR (like the military). Discriminatory non-fulfillment of an ESC right: Laws and policies inconsistent with the principle of non-discrimination violate human rights. For example, if the government allocates more funding for literacy and skills training in urban areas, when most illiterate and unskilled individuals live in rural areas, then the government is liable for discriminatory non-fulfillment of the right to education and right to work. Failure to Prioritize Minimum Core Obligations: Government must prioritize minimum core obligations in its budget. For example, the minimum core of the right to heath (access to essential drugs, emergency care, prenatal care and postnatal care) should be fulfilled before the Minister of Health�s salary is increased. Failure to Prioritize the Rights of the Most Vulnerable: In fulfilling the core minimum of ESC rights, the government must prioritize actions that benefit the most vulnerable in society.

15. States have the primary responsibility for promoting, protecting, and enforcing human rights. However, a growing movement is developing to hold non-state actors such as companies accountable for human rights violations in their spheres of operation. This is because many companies have the economic and political power to seriously affect the enjoyment of human rights in host countries. Some companies have been accused of taking advantage of weak regulatory frameworks in developing countries, or wielding their influence to enter into agreements that undermine existing human rights and environmental legislation. Especially in relation to extractive industries, mining rarely benefits local populations, and may even threaten local livelihoods through negative environmental practices. To address the growing complicity of companies in human rights abuses, many corporate accountability initiatives have emerged to make businesses compliant with international human rights standards. There is a debate among stakeholders about whether these initiatives should be legally binding or non-legally binding. Business� Legal Obligations Under Human Rights Law . . . Competing Frameworks

16. Recently, the UN Human Rights Council unanimously welcomed a framework for corporate legal accountability presented by the Special Representative of the Secretary-General on Transnational Corporations and Human Rights. Since then, actors from the Canada�s Export Credit Agency to the UK�s OECD National Contact Point to Governments of Australia and Norway have cited it, indicating its growing relevance. Several business actors, including the International Council of Mining and Metals have also indicated their support. The framework has three pillars: Protect: State duty to protect against corporate-related human rights abuses through appropriate policies, regulation, and adjudication. Exp: Community consultation before a new mining project begins Exp: Human rights impact statements of mining projects Respect: Corporate responsibility to respect human rights, which means to act with due diligence to avoid infringing on the rights of others. Remedy: Greater access by victims to effective remedy, judicial and non-judicial. The Emerging Framework: Protect, Respect, Remedy

17. State Duty to Protect Standard of Conduct, Not of Standard of Result State only found in breach if they fail to take appropriate steps to prevent, investigate, punish and redress violations Business and Human Rights Policy Incoherence Vertical Incoherence (ratification of treaties, with failure to implement human rights obligations) Horizontal Incoherence (economic departments conduct work in isolation from human rights agencies) Positive Development: Many States are adopting CSR policies (OECD States, China, Indonesia) & official assistance often is linked to having a CSR policy Negative Development: Many BITs still insulate foreign business from new laws that advance a host country�s legitimate interests, or compensate foreign business for compliance with the law. This infringes on the State Duty to Protect. Host country breaches of a BIT are subject to binding international arbitration, which is shrouded in secrecy. Flagrant social irresponsibility is declining in BITs negotiated with OECD countries, but increasing in BITs with non-OECD countries (e.g. China). Many Government negotiators in developing host countries are unaware of alternatives to such one-sided clauses, and generally lack strong negotiation skills. Corporate Law: More and more countries are requiring their companies to report on social policies, or to establish stakeholder grievance committees, as human rights abuses are understood as a material risk to the company. Extraterritorial Duty to Protect: Not required, but not prohibited. Nonetheless, strong policy reasons exist for States to encourage companies to respect human rights in foreign ventures, especially if State itself is involved in the business.

18. Corporate Responsibility to Respect Legal license to operate: companies must comply with home country�s laws (except where exempted) Social license to operate: companies must comply with internationally recognized human rights norms, or risk hurting their business. This idea is endorsed by all company, industry and state CSR initiatives. Transnational normative regime brings widespread public attention to business violations (media expos�s, OECD complaints, litigation). Emerging legal norm: corporate respect for human rights is a baseline responsibility. Assurances of respect are not enough, but must be demonstrated through four-part �due diligence� system: Having a human rights policy reflecting the International Bill of Rights (addressing the country and local context, possible impacts of the company within the country context, and whether the company might contribute to abuse through its relationship with local partners and actors). Assessing human rights impacts of company activities Integrating those values and findings into corporate cultures and management systems Tracking and reporting performance, and �checking� reports through grievance mechanisms

19. Access to Remedy State�s Responsibility to Remedy: States are required to take appropriate steps to investigate, punish and redress corporate-related abuse of the rights of individuals within their territory. The State�s right to a remedy against a corporation always exists, whereas an individual�s right to remedy against a corporation is more contingent. It is only assured for certain gross violations of international human rights and humanitarian law. Corporate Responsibility to Remedy: Effective grievance mechanisms are central to the corporate responsibility to respect. They are necessary for monitoring human rights compliance, and also can alert companies to potential disputes and abuses so that an appropriate response can be taken. According to the Special Representative, all non-judicial grievance mechanisms should be underpinned by the following six principles: legitimacy, accessibility, predictability, equitability, rights-compatibility and transparency. A seventh principle for company-level mechanisms is that the company itself should not act as an adjudicator, rather a mediator should be employed.

20. The Non-Legally Binding Framework: Corporate Social Responsibility (CSR) It has been estimated that over 200 international CSR initiatives have emerged over the past 15 years. This excludes company and State corporate responsibility guidelines (many of which are available on the website of Business and Human Rights Center). Corporate social responsibility initiatives do not create legal obligations on a company, nor do they take a position on the legal obligations of corporations under human rights laws. Nonetheless, some CSR initiative do establish potentially useful grievance mechanisms.

21. The OECD Guidelines for Multinational Enterprises The OECD Guidelines contain non-binding recommendations by governments to multinational enterprises operating in or from the 33 adhering countries, including the OECD members and Argentina, Brazil and Chile. They include implementation procedures through which participating governments agree to promote observance of the Guidelines. The Guidelines establish National Contact Points in home countries that promote the Guidelines and act as a forum for discussion and consideration of grievances. Below is a selection of important Guidelines: Companies should refrain from seeking or accepting exemptions not contemplated in the home country�s statutory or regulatory framework related to environmental, health, safety, labour, taxation, financial incentives, or other issues Contribute to economic, social and environmental progress with a view to achieving sustainable development. Respect the human rights of those affected by their activities consistent with the host government�s international obligations and commitments.

22. OECD Guidelines for Multinational Enterprises, Continued Encourage local capacity building through close co-operation with the local community, including business interests, Develop and apply effective self-regulatory practices and management systems that foster a relationship of confidence and mutual trust between enterprises and the societies in which they operate Enterprises should ensure that timely, regular, reliable and relevant information is disclosed regarding their activities, structure, financial situation and performance. Observe standards of employment and industrial relations not less favourable than those observed by comparable employers in the host country; To the greatest extent practicable, employ local personnel and provide training with a view to improving skill levels Establish and maintain a system of environmental management appropriate to the enterprise, including timely collection and analysis of environmental information, establishment of measurable objectives, and regular monitoring and evaluation processes Not, directly or indirectly, offer, promise, give, or demand a bribe or other undue advantage to obtain or retain business or other improper advantage Contribute to the public finances of host countries by making timely payment of their tax liabilities. In particular, enterprises should comply with tax laws and regulations in all countries in which they operate and . . . act in accordance with both the letter and spirit of those laws and regulations.

23. UN Norms on Transnational Businesses and Human Rights In 2003, the United Nations Sub-Commission on the Promotion and Protection of Human Rights adopted Norms on the Responsibilities of Transnational Corporations and Other Business Enterprises with Regard to Human Rights in August 2003. The UN Norms are not legally binding, but incorporate a wide range human rights recognized in a variety of treaties (e.g. non-discrimination; labour right; rights to food, water, housing; right to a healthy environment, and others). The UN Norms do not establish grievance mechanisms to allow individuals to complain about corporate human rights violations. However, the UN Norms, through their support in the UN, have great normative value. They could be used, for example, as an anchor to discuss corporate abuses in the periodic progress reports submitted to human rights treaty committees by States, national human rights commissions, and CSOs.

24. Global Compact The Global Compact is another UN initiative to promote CSR. It includes 10 non-binding principles on corporate compliance with human rights, labour rights, environmental rights, and anti-corruption. The Global Compact has been endorsed by hundreds of companies, though many human rights organisations have criticised it due to its non-binding nature. A list of companies supporting the Global Compact can be found on the website of the Business and Human Rights Center. Nonetheless, civil society can pressure companies that have endorsed the Global Compact to comply with its provisions. Media pressure and public shaming sometimes results in compliance with the standards.

25. Domestic Laws Under the Secretary General�s growing consensus position of the �responsibility to protect, respect and remediate,� the Government must take steps to prevent, investigate, punish and remedy corporate violations of human rights laws. Failure to enforce domestic laws that protect human rights is a violation of the Government�s responsibility to protect. Civil society must continuously pressure Government to fulfill its legal responsibility to apply domestic laws to companies, as an element of its responsibility to protect and prerequisite to the progressive achievement of ESC rights (ICESCR Article 2(1)).

26. Environmental Protection and Pollution Act (1990) and 1999 Amendments The Act covers establishment and administration of the Environmental Council, water pollution, air pollution, waste disposal, pesticides and toxic substances, ionizing radiation, natural resource preservation, establishment of an Environmental Inspectorate, and penalties for violations. One of ECZ�s functions is to investigate possible violations of the Act. Through the Inspectorate, it may require private parties, at their own expense, to install pollution monitoring systems. It also grants licenses. The Inspectorate must apply to the Director of Public Prosecutions to prosecute an offense under this Act. A private party commits a crime if it obstructs an Inspector�s investigation or willfully gives misleading information. Any person who witnesses an act of pollution, and willfully fails to report it to the Inspectorate or police, commits a crime under the Act. A person or body corporate found guilty of polluting the environment is liable upon conviction to a fine not exceeding 100,000 Kwacha ($20 USD), or to 3 years �improvement,� or both. Under the 1999 Amendment, an offender may also have to forfeit a vehicle, boat or aircraft used in the commission of the offense to the State.

27. Other Environmental Regulations Water Pollution Control Regulations (1993) The Water Pollution Control (Effluent and Waste Water) Regulations, 1993 Pesticides and Toxic Substances Regulations (1994) Air Pollution Control Regulations (1996) Ozone Depleting Substances Regulations (2000) Hazardous Waste Management Regulations (2001) Environmental Impact Assessment Regulations (1997)

28. Environmental Impact Assessment Regulations 1997 Features of the Environmental Impact Assessment Regulations (1997) A developer must submit a Project Brief to EZC before beginning a project The Project Brief must analyze environmental and socioeconomic impacts of the project. If the project will likely have serious environmental impacts, ECZ shall require the developer to submit and have approved an EIA before beginning a project. An EIA must include a public consultation process involving the community to be affected.. The public may submit to ECZ comments on the EIA. If the project is not approved, an aggrieved developer may appeal to the Minister and then to the High Court. Project Briefs, EIAs, public comments, and supporting documents are public documents, and ECZ shall upon application, and �on terms and conditions it may determine,� allow individuals to consult the documents, Developers must undertake an environmental audit between 12 � 36 months after the completion of a project commencement of operations, whichever is earlier. ECZ may require the developer to take remedial action or carry out additional audits. Failure to prepare a Project Brief or EIA, or to fraudulently alter or mislead ECZ, commits an offense for which license to operate shall be suspended or cancelled and subject to a fine of 100,000 KW, 3 years imprisonment, or both. An offender is responsible for the cost of remedial measures to clean up the pollution.

29. Mines and Minerals Act � Clauses Supporting Human Rights Part IX: Safety, Health and Environmental Protection The Director, in deciding to grant a mining right or mineral processing license, take into account the need to protect the environment and the need to prevent socio-economic harms, including negative affects on health and land. The Director may impose conditions for the protection of the environment and socio-economic welfare. A mining rights holder is strictly liable for harm caused by mining or mineral processing operations. Harm includes negative impact on livelihoods of mining community, reduction in their yields, and environmental damage. A legal action may be brought by any individual, group of individuals, private or state organisation.

30. Mines and Minerals Act � Clauses Hindering Human Rights According to the Ministry of Mining�s website, Surcharges on mineral production compare very favorable with most countries in terms of royalties and taxes, and a number of financial incentives have been created specifically to encourage investment in the mining industry.� Comparatively low royalty rates� Income deductions, including 100% pre-production capital expenditure deduction Exemption of customs duties and VAT on materials imported for mining operations This permissive tax structure seriously undermines the Government�s obligation under ICESCR 2(1) to progressively achieve ESC rights to the �maximum of its available resources.� Section XV of the Amended Act forbids the Minister from entering into new development agreements. Development agreements entered into before the amendment are not longer binding on the Government after one year of the coming into force of the Amendment.

31. The Way Forward: Applying Human Rights Based Mining Sector Accountability to the Zambian Context Educate mining communities about mining companies� human rights obligations. CSOs should consider simplifying and distributing to communities the relevant environmental, labour, and human rights laws. Research companies� existing corporate social responsibility and human rights policies, or encourage companies to develop such policies. Advocate for the creation of company grievance mechanisms. Frame demands on Government and companies accurately, in terms of human rights, which have unmatched normative value. Advocate for a supportive legal environment, including policy changes to make the mining sector more socially just (increased taxation, ECZ capacity building, clear statement on whether stability agreements may supersede environmental and human rights laws). Develop a multifaceted strategy to demand accountability. Attention should be given to documenting violations and the development of a legal advocacy center capable of litigating violations of environmental law, corporate law, tort law, and human rights law (including land rights and labor rights).

32. Informal Accountability Strategies Discuss community concerns with corporate social responsibility representative at local mine or parent company. Save a copy of all communications. Pursue grievance procedures, where they exist. Pursue a strategy of �naming and shaming� in the local media companies that continue to violate human rights. Partner with host country accountability watchdog groups to put pressure on the company to stop violations. For example, Mine Watch Canada will support the campaigns of host country CSOs, upon request.

33. Judicial and Quasi Judicial Accountability Strategies at the National Level File a complaint against a company with the Zambian Human Rights Commission, citing a violation of the State duty to protect or the corporate duty to respect. Report pollution to ECZ: The contact for the Head Office is P.O. Box 35131, Corner Suez & Church Roads, Plot Number 6975, Ridgeway, Lusaka, Zambia. Tel 260 211 254 130/1. Email: ecz@necz.org.zm. Report corruption to the Anti-Corruption Commission. To report corruption by a public official, call 234244, 234245, 232461, or 234214. Test Litigation Strategies: Bring a legal case against a mining company that harms the environment or socio-economic wellbeing of a mining community, as defined in the Mines and Minerals Act.

34. Judicial and Quasi Judicial Accountability Strategies at the International Level File a complaint with the OECD Contact Point against a company whose home country has endorsed the OECD Guidelines. Communicate with the Special Representative Business and Human Rights File an individual complaint with the African Commission on Human and Peoples Rights File an individual complaint with the CEDAW Committee under the Optional Protocol to CEDAW File an individual complaint with the Committee on ESCR under the Optional Protocol to the ICESCR, if and when Zambia ratifies the Optional Protocol. Partner with mining accountability organizations in home countries to discuss whether a basis exists to bring litigation in the home country for abuse in the host country.

35. The End Contact: Christina Holder 0979 315 780 holderchristina@gmail.com