An assessment of the regulatory legal and institutional framework of the mining industry in South Africa and Kenya for effective human rights protection: Lessons for other countries

SUMMARY The priorities ofAfrican governments regarding the extractive industry tend to focus on economic interests leading them provide a conducive environment for investments by private entities. Furthermore, reforms in are inclined promote these with less consideration adequate protection affected people and their environment, including from resulting social environmental impacts. result economies endowed mineral resources is that poorly managed outcomes of exploitation degradation, loss lives, displacement, conflicts between companies mining communities, protests against projects, human rights violations. These problems long run slow down development forestall its benefits because poor regard concerns government companies. Filling gaps policies, particularly area communities activities industry, essential tackle activities. In this article legal institutional framework regulating selected jurisdictions Africa examined determine extent which they respond arising resources, violations caused adverse impacts mining. Some lessons drawn benefit other countries. argues some policies encourage effective rights, developments. proposes regimes need be strengthened environment. Key words: industry; resources; mining; policies;