An assessment of the impact of lithium mining on the realisation of environmental rights: a case study of Bikita Minerals (Pvt) Ltd. created by Faith Ndlovu and Douglas Musebenzi

This articleinterrogates the impact of lithium mining on the realisation of environmental rights in Zimbabwe. This brief is part of a research on how environmental rights are violated by corporates in pursuit of economic development. There is a lithium rush in Zimbabwe and this paper explores the extent to which lithium mining impacts the realisation of environmental rights. Land degradation, water pollution, air pollution and carbon dioxide emissions affect the full realisation of environmental rights. Environmental rights are governed by international, regional, national legal and policy instruments. This articleexamines the extent to which the legal framework for lithium mining has affected the realisation of environmental rights in Zimbabwe. A case study was carried out at Bikita Minerals through interviews with various stakeholders, including community members. Bikita Minerals was selected because of its proximity to the researchers. It is also one of the world’s ten largest lithium mines by production and in Zimbabwe. It was noted that lithium mining activities negatively impact the realisation of environmental rights. Gaps in the legislative and institutional frameworks were also notedas key drivers in the violation of environmental rights in lithium mining communities.1.IntroductionThe global demand for lithium has increased substantially in recent years due to its extensive use in electric batteries.117The numerous lithium extraction projects in the worldare with little contemplation on the impacts of lithium extraction on the realisation of environmental rights.116Douglas Musebenzi is a Lecturer at Herbert Chitepo Law School, Great Zimbabwe University, Zimbabwe. He holds a Master of Laws Degree from Midlands State University, an LLB from UNISA, a Bachelor of Science Degree in Psychology, and a Diploma in Education from the University of Zimbabwe.Faith Ndlovu is a registered legal practitioner, conveyancer and notary public practicing with H.Tafa and Associates Legal Practitioners and a full-time lecturer at Great Zimbabwe University, Herbert Chitepo Law School.117G Martina etal (2017) Lithium market research –global supply, future demand and price development Energy Storage Materials, 6 p171<https://pdf.sciencedirectassets.com/313056/>visited on 22 January 2024; L.V,Garcia, L.V etal (2023) Lithium in a Sustainable Circular Economy: A Comprehensive Review. Processes11, 418. p1 <https:// doi.org/10.3390/pr11020418> visited on 22 January 2024; D.Calisaya-Azpilcueta1 & S. Herrera-Leon & L. A. Cisternas (2020) Current and Future Global Lithium Production Till 2025, The Open Chemical Engineering Journal,14 (37) pp36-51 <https://www.researchgate.net/publication/342593098-Current and_Future_Global_Lithium_Production_Till_2025/link/5efc8156299bf18816f62025> visited on 22 January 2024.