The lawsuit against mining giant Anglo American has been filed on behalf of women and children in Zambia’s central Kabwe District who are alleged victims of lead poisoning.
UN experts – tasked with tackling issues such as toxic pollution and human rights, business and human rights, and discrimination against women and girls – have seek intervention in case.
duty of care
South Gauteng High Court in Johannesburg this week will hear arguments over whether the merits of victims’ damages claims can be considered.
The applicants allege that Anglo American South Africa, through prior involvement in local lead mine operations in Kabwe, assumed a duty of care to the residents, particularly to protect against lead exposure. .
“Lead is a cumulative toxin that affects many body systems and is especially harmful to young childrenUN experts said.
Health effects ‘profound’
Furthermore, the World Health Organization (WHO) identified it as one of the 10 chemicals of major public health concern, State action is needed to protect the health of workers, children and women of reproductive age.
“According to WHO, yes no level of exposure are known to have no harmful effects,” they added.
“Children can get profound and permanent adverse health effects and disability, including in brain and nervous system development. Pregnant women exposed to lead can cause miscarriage, stillbirth and premature birth and low birth weight.”
Contrary to commitment
The Court will consider arguments based on international human rights law, including United Nations Guiding Principles on Business and Human Rightsexperts said.
The guidelines commit businesses to respecting human rights, while also addressing the negative human rights impacts associated with the businesses they engage in.
They also stress the importance of accessing remedies in the event of a breach.
The experts argued that Anglo American acted contrary to its stated commitments to human rights in business when they challenged the Court to consider this class action.
“Anglo American South Africa has made a voluntary commitment to the Guiding Principles, including a commitment to support access to justice where human rights impacts occur and to cooperate in processes designed to determine whether to be responsible for those impacts,” they said.
13 experts appointed by the UN Dong Nhan Quyen Association in Geneva and serve in their personal capacity.
They are not employees of the UN and do not receive a salary for their work.
