A/HRC/41/54
labourers.95 The human rights violations in the mines in the Democratic Republic of the
Congo exemplify the violations experienced by extractive industry workers around the
world. 96 Companies employ both adults and children as cobalt miners. 97 These miners
typically work upwards of 12 hours a day and do so without gloves, face masks or other
basic protective equipment. 98 Working under these conditions affects miners’ long-term
health.99 In addition, the country’s cobalt miners also face a high risk of fatal accidents. 100
Such brutal working conditions are particularly detrimental to the rights of children.
Children have the right to be protected from performing any work that is likely to be
hazardous or to interfere with the child’s education, or to be harmful to the child’s health or
physical, mental, spiritual, moral, or social development. 101 Labour-related human rights
violations also exist beyond the African continent, and have been regularly documented in
the Americas, Asia, Europe and the Pacific.102
58.
The combination of the highly technical nature of the work and the small number of
positions available in certain forms of extraction often leads to an oversupply of local
labour and competition for jobs.103 Oil firms, for example, mostly employ expatriates and
migrant contract workers. According to the AIDS and Rights Alliance for Southern Africa,
half a million men travel across the Southern African region in order to work in mines in
South Africa every year.104 Only a minority of skilled workers are typically drawn from
local communities. In Nigeria, for example, expatriates and migrant contract workers
receive better pay than the local workers, which, research has shown, fosters sharp ethnic
and racial divisions between extremely wealthy foreign nationals and underpaid locals. 105
59.
Among the most alarming human rights violations in the extractivism economy are
killings and deaths, especially of human rights defenders fighting on behalf of indigenous
and Afrodescendent communities.106 The assassinations of human rights defenders of racial
and ethnic communities have been documented in territories of extraction all over the
world. Just one example is Berta Cáceres, the Lenca human rights defender who was
murdered following a lifetime of advocacy, including against extractivist projects that
endangered the lives of many.107 In 2016, the Special Rapporteur on the situation of human
rights defenders found that the most dangerous countries for environmental human rights
defenders were Brazil, Cambodia, Colombia, Guatemala, Honduras, India, Mexico, Peru,
the Philippines and Thailand. In these countries and elsewhere, the targeted communities
and defenders are racially and ethnically specified because of the historical ties that ethnic
and racial communities have with the territories that are the prime targets of extractivism.
The Special Rapporteur on the situation of human rights defenders found that, on the basis
of the communications that he had received over a period of five years, the extractive
95
96
97
98
99
100
101
102
103
104
105
106
107
www.amnesty.org/en/latest/news/2016/01/child-labour-behind-smart-phone-and-electric-carbatteries.
Ibid.
Ibid.
Ibid.
www.npr.org/sections/goatsandsoda/2015/10/22/450312266/gold-miners-breathe-the-dust-fall-illthey-did-not-give-me-nothing.
“At least 80 artisanal miners died underground in southern DRC between September 2014 and
December 2015 alone. The true figure is unknown as many accidents go unrecorded and bodies are
left buried in the rubble.” See www.amnesty.org/en/latest/news/2016/01/child-labour-behind-smartphone-and-electric-car-batteries.
Convention on the Rights of the Child, art. 32. See also the International Covenant on Economic,
Social and Cultural Rights, art. 10 (3).
See, e.g., www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=
21888&LangID=E; www.hrw.org/report/2015/09/29/what-if-something-went-wrong/hazardous-childlabor-small-scale-gold-mining; www.ilo.org/global/about-the-ilo/multimedia/video/video-newsreleases/WCMS_067902/lang--en/index.htm; and www.hrw.org/report/2012/09/10/striking-oil-strikingworkers/violations-labor-rights-kazakhstans-oil-sector.
www.international-alert.org/sites/default/files/Uganda_GenderOilGas_EN_2014.pdf, p. 23.
www.dw.com/en/south-africas-sick-miners-take-gold-mines-to-court/a-18777363.
www.ghwatch.org/sites/www.ghwatch.org/files/c6.pdf, p. 176.
www.oas.org/en/iachr/reports/pdfs/ExtractiveIndustries2016.pdf, para. 268.
www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=17153&LangID=E.
17