Contextualising the right to development in the mineral beneficiation discourse

Author: Nasubila Ng’ambi
LLM (cum laude), University of Pretoria

It’s time for Africa

Home to  approximately 30% of the world’s critical raw minerals, Africa holds a highly coveted position in the low carbon transition. However, at present Sub-Saharan Africa’s (SSA) development index is an alarming 0.568, with 0.5 being the lowest index and 0.9 being the highest, demonstrating that the region is living far below the privileges that could be afforded by its resource endowments. Several African countries have taken steps to capitalise on their mineral wealth, with Malawi being the most recent African jurisdiction to impose a ban on the exportation of raw minerals.

However, what is the legal, rights-based justification for these measures? This article offers the right to development (RTD) as grounding for the recent measures taken to compel external actors to engage in domestic mineral beneficiation.
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