Scoop has an Ethical Paywall
Work smarter with a Pro licence Learn More

World Video | Defence | Foreign Affairs | Natural Events | Trade | NZ in World News | NZ National News Video | NZ Regional News | Search

 

UN Experts* Intervene In Toxic Legacy Class Action Against Lead Pollution

GENEVA (19 January 2023) – A court in South Africa has admitted several UN experts as amici curiae in a class action suit filed by alleged victims of mining pollution in Zambia’s central Kabwe District.

UN Special Rapporteurs on toxics and human rights, extreme poverty and human rights, rights of persons with disabilities and the UN Working Groups on business and human rights and discrimination against women and girls have sought to intervene in the case.

This week the South Gauteng High Court will hear arguments on whether the merits of the damages claim by the victims can be considered. The lawsuit was filed in South Africa against Anglo American, a mining company based in the country.

The class action suit was filed on behalf of children and women of child-bearing age who have suffered injury and harm as a result of exposure to lead pollution. The applicants allege that Anglo American South Africa, through its prior involvement in the activities of the local lead mine, assumed a duty of care towards the residents of Kabwe, especially protection against lead exposure.

“Lead is a cumulative toxicant that affects multiple body systems and is particularly harmful to young children. The World Health Organization (WHO) has identified it to be one of 10 chemicals of major public health concern, needing action by Member States to protect the health of workers, children and women of reproductive age. According to the WHO, there is no level of exposure to lead that is known to be without harmful effects,” said the experts. “Young children can suffer profound and permanent adverse health effects and disabilities, including in the development of the brain and the nervous system. Pregnant women's exposure to lead can cause miscarriage, stillbirth, and premature birth and low birth weight.”

Advertisement - scroll to continue reading

Are you getting our free newsletter?

Subscribe to Scoop’s 'The Catch Up' our free weekly newsletter sent to your inbox every Monday with stories from across our network.

The South African Court will consider arguments based on international human rights law, including the Guiding Principles on Business and Human Rights that commit businesses enterprises to respect human rights, state that businesses should avoid infringing on human rights of others, whilst addressing the adverse human rights impacts linked to business activity with which they are involved, and highlight the importance of access to remedies in case of violations.

The experts argued that Anglo American was acting contrary to its professed commitments to human rights in business, when it opposes the Court even considering this class action.

“Anglo American South Africa has voluntarily committed itself to follow the Guiding Principles, including the commitment to support access to justice where human rights impacts have occurred and to co-operate in processes designed to establish whether there is culpability for those impacts,” the experts said.

 

*The experts: Mr. Marcos Orellana, Special Rapporteur on toxics and human rights; Mr. Olivier De Schutter, Special Rapporteur on extreme poverty and human rights; Mr. Gerard Quinn, Special Rapporteur on the rights of persons with disabilities; Ms. Fernanda Hopenhaym (Chairperson), Ms. Pichamon Yeophantong (Vice-Chairperson), Ms. Elżbieta Karska, Mr. Robert McCorquodale and Mr. Damilola Olawuyi, Working Group on the issue of human rights and transnational corporations and other business enterprises; Ms. Dorothy Estrada-Tanck (Chair), Ms. Ivana Radačić (Vice-Chair), Ms. Elizabeth Broderick, Ms. Meskerem Geset Techane and Ms. Melissa Upreti, Working Group on discrimination against women and girls.

© Scoop Media

Advertisement - scroll to continue reading
 
 
 
World Headlines

 
 
 
 
 
 
 
 
 
 
 

Join Our Free Newsletter

Subscribe to Scoop’s 'The Catch Up' our free weekly newsletter sent to your inbox every Monday with stories from across our network.