30
Article 27 of the African Charter; see also ACHPR/Res. 367 (LX) 2017 Resolution on the Niamey Declaration on Ensuring the Upholding of the African Charter in the
Extractive Industries Sector.
31
Article 9 of the African Charter; Ruggie Principles, Principle 11; ACHPR/Res.
367 (LX) 2017.
32
See Article 27; This is also demonstrated through best practice in South Africa,
where the Mineral and Petroleum Resources Development Act 28 of 2002 provides in
terms of sections 23 (h), 24 (3), 25 (2), 28 (2) and 85 (3) amongst others, that a mining
company has to submit a social and labour plan when applying for mining rights. Social and
labour plans are regarded as forming part of corporate social responsibility.
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In the context of the African Charter, which imposes duties on all persons, and
given the resources at the disposal of extractive industries, as well as the extent and nature
of the communities who are reliant on the extractive industries sector, the provisions of
the African Charter, particularly Article 27 to 29 should be read to also impose duties on
companies.
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