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Immigration and Human Rights Law Review

Abstract

Kabwe, Zambia is among the most polluted cities, the result of nearly a century of lead mining and smelting. Despite the mine’s closure in 1994, an estimated 6.4 million tons of lead-contaminated waste continues to expose thousands of children to life-altering—and often irreversible—health consequences. This Article examines the Zambian government’s failure to remediate the environmental harm and protect children’s rights, analyzing both domestic legal obligations and international human rights treaties. It argues that the State’s pursuit of economic gain through continued lead processing has come at the expense of safeguarding the right to health and a healthy environment. Through an in-depth assessment of the Environmental Management Act No. 12 of 2011, the Children’s Code Act No. 12 of 2022, and Zambia’s obligations under the United Nations Convention on the Rights of the Child, the African Charter on the Rights and Welfare of the Child, and the International Covenant on Economic, Social and Cultural Rights, the article reveals systemic regulatory neglect and calls for immediate, rights-based litigation. Ultimately, it contends that the children of Kabwe have been sacrificed at the expense of government profit, in violation of the legal protections designed to ensure their safety and well-being.

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