Abstract Mongolia’s journey in promoting human rights amidst its thriving extractives industry reflects a complex interplay between economic growth, inclusive development, human rights and environmental rights. While hailed as among Asia’s freest countries, Mongolia continues to grapple with persistent issues, notably in balancing its economic aspirations and mineral wealth with protecting the rights of communities and the environment. This piece critically examines the mining sector’s impact on local communities and environmental protection. It assesses competing interests, exploring the tensions generated across diverse stakeholder groups. Furthermore, it highlights opportunities for a more human rights-centric framework within the extractives industry in order to foster responsible business conduct and sustainable development.
As companies struggle to conduct human rights due diligence and governments attempt to monitor compliance with supply chain regulations, they are increasingly turning to digital technologies such as artificial intelligence (AI). While AI-based tools can improve supply chain visibility and assess human rights risks, they carry potential risks of marginalizing rightsholders and undermining traditional conceptions of corporate accountability. This article examines the methodologies behind these tools, the role of technology firms in their design and application and the unintended consequences of relying on those firms to interpret the legal norm of human rights due diligence. It draws on a critical analysis of AI-based tools as well as interviews with officials from technology firms, consultants and human rights advocates. I argue that although AI can enhance human rights due diligence, AI-driven corporate accountability delegates interpretive judgment to technology firms, privatizes human rights and deemphasizes stakeholder engagement.
Abstract Business and human rights class litigation in South Africa has increased over the last ten years. Through the analysis of Various Parties on behalf of Minors v Anglo American South Africa Limited (2020/32777) (2023) ZAGPJHC 1474 ( Kabwe ) and silicosis class action litigation, the author examines how the South African judiciary has contributed to the advancement of business and human rights objectives. The piece traverses the purposive statutory interpretation approach of the court and incremental development of class action certifications to contribute to this outcome. It is argued that the rejection of the opt-out class participation mechanism for a wholly foreign class in Kabwe represents a missed opportunity to further transnational corporate accountability in certification applications by using key tenets of Ubuntu and decolonization. Such an interpretation would have offered a compelling pathway for localizing the United Nations Guiding Principles on Business and Human Rights (UNGPs) in the African context.
