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Setting the Tone for Corporate Social Responsibility in Kenya- What Does the New Mining Act Have to Say?

Motivated by the abundance of unexploited natural resources within Kenya, the country released a new Mining Act in 2016. The proclaimed objective, to increase mineral contribution from one percent to ten percent of Kenya’s GDP by 2030, demonstrates governmental focus on enticing investment in the mi...

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Main Author: Cowell, Kelly
Other Authors: Mostert, Hanri
Format: Thesis
Language:English
Published: Department of Public Law 2019
Subjects:
Law
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access_status_str Open Access
author Cowell, Kelly
author2 Mostert, Hanri
author_browse Cowell, Kelly
Mostert, Hanri
author_facet Mostert, Hanri
Cowell, Kelly
author_sort Cowell, Kelly
collection Thesis
description Motivated by the abundance of unexploited natural resources within Kenya, the country released a new Mining Act in 2016. The proclaimed objective, to increase mineral contribution from one percent to ten percent of Kenya’s GDP by 2030, demonstrates governmental focus on enticing investment in the mineral sector. Historically, a primary focus on investment potential in developing countries exposed to sudden mineral booms, is likely to lead to social and environmental destruction. It is therefore important to evaluate the status of Kenya’s new mineral law, and what that means for the country’s ability to foster a sustainable future. Corporate social responsibility (CSR) is discussed in relation to international norms and standards. Kenya’s Constitution and new Mining Act are then examined to identify what safeguards ensure social and environmental protection. While many countries have voluntary CSR mechanisms, Kenya’s Mining Act contains mandatory CSR procedures and regulations. Should Kenya fail to ensure these laws are adhered to within the spirit of the Constitution, there will be negative consequences for the country. Whether there is sufficient governmental willpower, combined with the necessary human and technological resources, to maintain and enforce the established laws is yet to be determined.
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provenance_str_mv Harvested via OAI-PMH from UCTD — University of Cape Town Open Access Repository
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spelling oai:open.uct.ac.za:11427/29555 Setting the Tone for Corporate Social Responsibility in Kenya- What Does the New Mining Act Have to Say? Cowell, Kelly Mostert, Hanri Law Motivated by the abundance of unexploited natural resources within Kenya, the country released a new Mining Act in 2016. The proclaimed objective, to increase mineral contribution from one percent to ten percent of Kenya’s GDP by 2030, demonstrates governmental focus on enticing investment in the mineral sector. Historically, a primary focus on investment potential in developing countries exposed to sudden mineral booms, is likely to lead to social and environmental destruction. It is therefore important to evaluate the status of Kenya’s new mineral law, and what that means for the country’s ability to foster a sustainable future. Corporate social responsibility (CSR) is discussed in relation to international norms and standards. Kenya’s Constitution and new Mining Act are then examined to identify what safeguards ensure social and environmental protection. While many countries have voluntary CSR mechanisms, Kenya’s Mining Act contains mandatory CSR procedures and regulations. Should Kenya fail to ensure these laws are adhered to within the spirit of the Constitution, there will be negative consequences for the country. Whether there is sufficient governmental willpower, combined with the necessary human and technological resources, to maintain and enforce the established laws is yet to be determined. 2019-02-15T07:48:48Z 2019-02-15T07:48:48Z 2018 2019-02-15T07:48:16Z Master Thesis Masters LLM http://hdl.handle.net/11427/29555 eng application/pdf Department of Public Law Faculty of Law University of Cape Town
spellingShingle Law
Cowell, Kelly
Setting the Tone for Corporate Social Responsibility in Kenya- What Does the New Mining Act Have to Say?
thesis_degree_str Master's
title Setting the Tone for Corporate Social Responsibility in Kenya- What Does the New Mining Act Have to Say?
title_full Setting the Tone for Corporate Social Responsibility in Kenya- What Does the New Mining Act Have to Say?
title_fullStr Setting the Tone for Corporate Social Responsibility in Kenya- What Does the New Mining Act Have to Say?
title_full_unstemmed Setting the Tone for Corporate Social Responsibility in Kenya- What Does the New Mining Act Have to Say?
title_short Setting the Tone for Corporate Social Responsibility in Kenya- What Does the New Mining Act Have to Say?
title_sort setting the tone for corporate social responsibility in kenya what does the new mining act have to say
topic Law
url http://hdl.handle.net/11427/29555
work_keys_str_mv AT cowellkelly settingthetoneforcorporatesocialresponsibilityinkenyawhatdoesthenewminingacthavetosay