Harmonization of policies governing extractives for the protection of human rights and the environment: A means for effective regional cooperation under ECOWAS
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Date
2025
Journal Title
Journal ISSN
Volume Title
Publisher
Marathwada Mitra Mandal's Shankarrao Chavan Law College, Pune, India
Abstract
ECOWAS and the African Union (AU) have taken regional measures to stop and avoid the abuse of right perpetrated by Africa's extractive industries. Different countries have responded by taking certain actions to address the harmful effects of the activities of the extractive sector by creating policies, reforming relevant laws, and establishing relevant bodies to serve various functions and ensure the implementation of the policies. The implication is inconsistency and lack of uniformity in the frameworks across the countries under ECOWAS. Hence, harmonization of the regulations regarding the control of the acts of companies in the industries is necessary for effectual protection of human rights and the environment in ECOWAS. This is crucial due to the vast resources of the continent and the significant effect of the industry on the populace and the environs. This paper seeks to discuss the importance and benefits of harmonization of the relevant regulatory frameworks and institutions within ECOWAS regarding the control of extractives so as to ensure the protection of peoples' rights and the environs. The paper adopts an analytical approach, as it would analyze regional frameworks and policies of extractive industries, in selected West African countries and find out the extent to which these policies are aligned to regional laws. The paper further identifies the challenges associated with having different policies across member states, and argues that a central coordination would ensure that all state members adhere to similar environmental and human rights criteria, to mitigate the ecological footprint of the activities of extractives. The paper suggests effective collaboration among member states to realize the harmonization of policies to adequately safeguard human rights and the environment and the ultimate goal of sustainable development in the extractive industry.
Description
Keywords
Regional cooperation, extractive industries, Human Rights, Mining
Citation
Marathwada Mitra Mandal's SCLC Law Review