Abstract:
The chapter draws from section 10 of the Communal Land Act [Chapter 20:04] which allows the President to alter purposes of communal land usage. Under the country’s second President Emmerson D. Mnangagwa, Zimbabwe envisions becoming a middle-income economy by 2030. This has led to rigorous diplomatic and economic re-engagement efforts with the global community. As such, foreign direct investments are a priority and mining has become a leading industry that is being exploited at an unprecedented rate to facilitate the country's expansion.This, however, has far-reaching consequences for indigenous land inhabitants such as the Nyamwenda of Nharira Hills who were evicted to pave way for mining by a Chinese company.Guided by the conflict theory, the chapter explores the consequences for human rights that such mining developments have, especially for local communities. Data was collected through
multiple methods including desk reviews, documentary analysis, and key informant interviews, transect walks and observation. The Nyamwenda and Nharira communities at large experienced numerous losses largely of intangible socio-cultural value. While Zimbabwe enshrines most international human rights statutes in its Constitution, the Nharira case exemplifies a lagging position in terms of implementation. Without opposing economic development, the chapter proposes reconciliation of Acts of Parliament to the Constitution for sensitivity towards indigenous peoples’ property rights. Further, the chapter proposes a clear implementation framework in terms of legal and administrative procedures in cases where land is reserved for mining activities.
