Arbitration of water disputes in the African mining sector

Author:

B Kengni

Summary:

For decades, experts have repeatedly warned about the looming impacts of climate change, including changing rain patterns and drought, which lead to limited access to water.  These impacts, mostly felt in regions facing aridity and limited access to clean water resources, are exacerbated by human activities, including mining. This article highlights the vital role that arbitration plays in resolving water disputes in the African mining sector by examining the nature and scope of water disputes in the African mining sector using the examples of South Africa, Namibia, Democratic Republic of Congo, Tanzania, Zambia, Nigeria, Niger, Ghana and Guinea. The negative impacts of mining on water often lead to disputes between different stakeholders, with competing water needs, in the sector. nonetheless, there are mechanisms and processes provided by the legal framework and set up in different countries to resolve water disputes in the mining sector. Such legal frameworks underline the prominent role of arbitration in resolving water disputes in the African mining sector. Though there are several challenges hampering the effective arbitration of water disputes such as limited or lack of clear provisions, potential solutions to such challenges do exist.

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