ACCESS TO FINANCIAL REMEDIES BY AFFECTED COMMUNITIES THE RESULT OF BUSINESS RELATED HUMAN RIGHTS ABUSES BY MINING CORPORATIONS IN AFRICA Attiya Waris, Law School, University of Nairobi 6/29/2019

3. Access to Financial Remedies Recommendations Conclusion Contents 1. Introduction Interplay Between Mining Companies and Local Communities with Respect to Abuse of Rights 3. Access to Financial Remedies Recommendations Conclusion Attiya Waris, Law School, University of Nairobi 6/29/2019

1. The Lens: Measuring the Harm damage to property loss of income and amenity as a result of environmental pollution (fish, hunting) Threats from security dust from trucks, daily blasts and noise pollution labour issues lowered standard of living cultural loss Financial measures Non-financial measures Attiya Waris, Law School, University of Nairobi 6/29/2019

1. The Lens: Characteristics of a Remedy Transparency Accountability Responsibility Effective Efficient Fair Just Attiya Waris, Law School, University of Nairobi 6/29/2019

1. THE ACTORS The Individual (National or Non-National) Occupational communities Residential communities Indigenous communities The Corporation (Domestic or Foreign)  Fully private and domestically owned by nationals of the state; Fully private but partially foreign and partially domestically owned by nationals; Partially private and partially government owned; Partially private and partially publicly owned through shareholders on public stock exchanges; and Fully public and government owned. Attiya Waris, Law School, University of Nairobi 6/29/2019

2. Access to Financial Remedies 1. Judicial Mechanisms 2. Non Judicial Mechanisms 3. Existing Community Grievance Mechanisms 4. Financial Remedies Attiya Waris, Law School, University of Nairobi 6/29/2019

2. CHALLENGES TO JUDICIAL REMEDIES fragmented, poorly designed or incomplete legal regimes; lack of legal development; lack of awareness of the scope and operation of regimes; structural complexities within business enterprises; CORRUPTION problems in gaining access to sufficient funding for community claims; and a lack of enforcement. Attiya Waris, Law School, University of Nairobi 6/29/2019

2. The Challenges to Non-Judicial Remedies Corruption Poor laws The parallel systems The legally recognised system v the community system State and business mix Lobbies: national and international Attiya Waris, Law School, University of Nairobi 6/29/2019

4. Recommendations Country by country reporting of corporate records Beneficial ownership of corporations Freedom of information laws Ending tax havens Treaty on business and human rights Uniting the parallel and multiple layered complex legal systems in African countries Attiya Waris, Law School, University of Nairobi 6/29/2019

Weebale. Murakoze Chane. Asante. Wazviita Ngiyabonga. Shukran. Merci Weebale! Murakoze Chane! Asante! Wazviita Ngiyabonga! Shukran! Merci! E dupe! Thank you! Obrigado! Attiya Waris, Law School, University of Nairobi 6/29/2019