Those businesses that operate or have parts of their value chain in countries where governments fail to fulfill their own duties to protect human rights have to make additional efforts to respect human rights in light of the risky environment they operate in. Businesses should also have the right policies and processes in place in order to try and prevent these negative impacts of their business activities and to respond appropriately and timeously should they occur. 6.3.5. Murowa Diamond mine is a corporate that is impacting on the environmental rights of residents of Mazvihwa community .The UNGPs on Business and Human Rights are therefore useful as a reference point in this case. All the residents of Mazvihwa whose rights are being violated due to mining activities have a right of access to remedy. The UNGP’s on Business and Human Rights stipulate that when a corporate violates human rights, the victims have a right to effective remedy. This right and many other ancillary rights such as environmental rights and right to health are inalienable so neither the State nor corporates can take them away. Furthermore, these rights are set out in more detail in the Universal Declaration on Human Rights and the International Covenant on Economic, Social and Cultural Rights . 6.3.6. The UNGP’s on Businesses and Human Rights make it clear that all companies everywhere have a responsibility to respect human rights, which entails avoiding having negative impacts on human rights and to address such impacts where they do occur. In this case, Murowa has a responsibility to mitigate the impacts of blasting and excessive dust emissions which negatively affect the health and wellbeing of the complainants. More so, as a way of ensuring effective remedy, the mine has a responsibility of rehabilitating the damaged houses or consider relocating the victims to safe locations. International Covenant on Economic, Social and Cultural Rights 6.3.5 Article 12 paragraph 1 provides that State parties to the International Covenant on Economic, Social and Cultural Rights should recognise the right of everyone on the highest attainable standard of physical and mental health. 6.3.6 Article 12 paragraph 2 (b) provides that the steps to be taken by the State Parties to the present Covenant to achieve the full realisation of these rights Page 12 of 15

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