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Confronting Africa's Extractive Injustices

By Peter Quaqua, Head of Secretariat · 5th Continental Forum, Dakar, Senegal

As the global race for critical minerals intensifies in response to the energy transition and digital transformation, Africa once again finds itself at the center of global economic competition. From lithium and cobalt to graphite and rare earth minerals, the continent's vast natural wealth is increasingly viewed as indispensable to powering the technologies of the future. Yet for many African communities, this growing demand also revives painful questions about exploitation, dispossession, and environmental harm.

Beneath the growing excitement around critical minerals lies a familiar concern: will Africa finally benefit equitably from its resources, or will history repeat itself through extractive models that enrich others while leaving communities dispossessed, ecosystems degraded, and rights violated?

These questions were central to discussions at the 5th Continental Forum on Extractive Industries, Business, Human Rights and Environment in Africa, convened in Dakar, Senegal, by the Working Group on Extractive Industries, Environment and Human Rights Violations in Africa of the African Commission on Human and Peoples' Rights (ACHPR).

Held under the theme, "Advancing Responsible Extractive Governance in Africa and in the Context of the Global Rush for Critical Minerals: Insights from 40 Years of Promotion of the African Charter," the Forum brought together state representatives, African Union institutions, national human rights institutions, civil society organizations, affected communities, academics, and legal experts.

Reclaiming Sovereignty Over Natural Resources

One of the clearest messages emerging from Dakar was the reaffirmation of the principle contained in Article 21 of the African Charter on Human and Peoples' Rights: that peoples have the right to freely dispose of their wealth and natural resources.

Participants stressed that Africa's minerals must first serve the interests of African peoples. This includes ensuring fair licensing agreements, local beneficiation and value addition, transparent governance, and the use of extractive revenues to advance social and economic development.

Discussions reflected growing concern that the global race for critical minerals risks reproducing long-standing extractive inequalities under a new "green" label. The energy transition, while necessary, cannot become another justification for exploitation without accountability.

Speakers emphasized the need for Africa to strengthen its negotiating power and develop a common continental position on critical minerals governance. Proposals included the establishment of an African Strategic Resources Authority and stronger coordination through African Union institutions.

Human Rights Cannot Be Secondary

A recurring theme throughout the Forum was that development cannot come at the expense of human dignity and environmental protection.

Communities affected by extractive operations continue to face displacement, pollution, loss of livelihoods, restricted access to water, and shrinking civic space. Environmental defenders, journalists, and activists raising concerns about extractive projects are increasingly exposed to intimidation, criminalization, and violence.

The Forum therefore reaffirmed the importance of procedural rights, including access to information, public participation, freedom of expression, and the principle of free, prior, and informed consent.

Participants stressed that local communities — particularly women, youth, Indigenous populations, and marginalized groups — must be meaningfully involved in decisions affecting their lands and resources. Equally important was the recognition that communities whose rights are violated must have access to effective remedies and justice mechanisms.

From Voluntary Commitments to Binding Obligations

One of the most significant discussions in Dakar focused on corporate accountability. For years, much of the global conversation around business and human rights has relied heavily on voluntary standards and corporate social responsibility initiatives. Participants emphasized, however, that voluntary approaches, while important, are no substitute for binding legal obligations and enforceable accountability mechanisms.

The Dakar Declaration calls for stronger legal obligations on corporations operating in Africa, including mandatory human rights and environmental due diligence across supply chains.

Participants also supported advancing a binding African legal instrument on the regulation of transnational corporations and other business enterprises. There was also renewed support for the ratification of the Malabo Protocol, which extends the jurisdiction of the future African Court of Justice and Human Rights to include legal persons such as corporations.

The Growing Role of African Institutions

The Forum highlighted the increasingly important role African institutions are playing in shaping normative frameworks on environmental rights and extractive governance. The African Commission's Working Group on Extractive Industries continues to emerge as a key platform for advancing regional standards and accountability mechanisms.

Participants also emphasized the need to integrate human rights standards into broader African Union policy frameworks, including Agenda 2063, the Africa Mining Vision, and the African Continental Free Trade Area (AfCFTA).

A Defining Moment for Africa

The Dakar Forum demonstrated that Africa stands at an important junction. The continent has an opportunity to redefine the governance of natural resources in ways that prioritize people, protect the environment, strengthen democratic participation, and advance sustainable development.

The global demand for critical minerals may shape the future of technology and clean energy, but Africa's future should not be determined solely by global markets or geopolitical competition. Instead, it should be guided by the aspirations of African peoples and the principles enshrined in the African Charter on Human and Peoples' Rights.

The message from Dakar was unmistakable: Africa's critical minerals transition must be rights-based, people-centered, and environmentally just. If the global green transition is built on the same patterns of exploitation and inequality that have historically characterized extractive industries, then the promise of a sustainable future will remain fundamentally compromised.