The increasing relevance of rights-based approaches to resource governance in Africa: Shifting from regional aspiration to local realization

Inundated by increased international concern about the environmental and human rights impacts of resource utilization, especially in mining and oil and gas production activities in African countries, the African Commission on Human and Peoples’ Rights, at its 51st Ordinary Session held from April 18th to May 2nd, 2012 in Banjul, Gambia, adopted the Resolution on a Human Rights-Based Approach to Natural Resources Governance. This resolution is arguably the most significant attempt to date by governments in Africa to recognize, adopt, and mainstream human rights language into the development and use of natural resources. Amongst other things, it calls on government to ensure that respect for human rights in all matters of natural resources exploration, extraction, toxic waste management, development, management, and governance in international cooperation, investment agreements, and trade regulation will prevail. Though not legally binding, this resolution is undoubtedly an ambitious effort aimed at ensuring the systemic integration of human rights issues in resource utilization in Africa. However, a number of practical and implementation-related issues arise with the nature and scope of this resolution, in particular, the weight attached to soft law instruments in many African countries. This paper first examines the scope and content of the resolution and its potential to serve as a normative guide, through which countries may build more robust local enactments and regional frameworks to ensure responsible resource development in Africa. It then examines local and practical paradoxes and challenges that such an aspirational resolution may face. Generally, the paper examines practical questions concerning operational frameworks or guideline-type instruments, including institutional capacity, resource allocation, and political will. It then discusses how these practical challenges may be addressed in order to move the idea of mainstreaming human rights issues into resource development in Africa from bureaucratic rhetoric and theoretical aspirations to local realization.