Protection of Indigenous Religious Rights in the Face of the Copper Extractive Industry: A Case Study of Zambia

Protection of Indigenous Religious Rights in the Face of the Copper Extractive Industry: A Case Study of Zambia

Lewis B. Chilufya_, William Sinkala

Department of Religious Studies Education, Kwame Nkrumah University

DOI: https://dx.doi.org/10.47772/IJRISS.2025.908000487

Received: 24 April 2025; Accepted: 17 August 2025; Published: 17 September 2025

ABSTRACT 

This article stems from the understanding that protection of indigenous rights, which inevitably includes religious rights, finds locus in the context of human rights theory, and that it is crucially important in safeguarding cultural, political, and social identities while being free from discrimination, exploitation, and marginalisation of indigenous people where copper extraction is occurring. However, it has become evident that in the face of mining activities, including mineral exploration, religious rights of indigenous people in host communities have come under threat, and at worst, simply not factored in.  Thus, this article aims at interrogating the possibility of how the indigenous rights of collective groups of people, in the copper mining areas of two provinces of Zambia, can be more realised and protected from alienation from their religious identities and practices due to displacements, environmental pollution and degradation, exploitation and deprivation of economic benefits of the mineral resources. To this end, it has employed the research employed a combination of descriptive and explanatory research designs to collect and present the qualitative data. Furthermore, it has employed thematic analysis and come to the conclusion that the protection of the rights of indigenous people in host mining communities remains a challenge in Zambia. On this understanding, the article has recommended full domestication and enforcement of the provisions of the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP).

Keywords: Host communities, Indigenous religious rights, protection, extractive copper mines, and government

INTRODUCTION

The protection of indigenous rights, in the context of human rights theory, is key to ensuring that indigenous peoples can maintain their unique cultural, political, and social identities while being free from discrimination, exploitation, and marginalisation. However, it has become evident that in the face of mining activities, including mineral exploration, religious rights of indigenous people in host communities have come under threat, and at worst, conspicuously overlooked.

This article interrogates the prospect of how the indigenous rights of collective groups of people, in the copper mining areas of two provinces of Zambia, can be more realised and protected from alienation from their religious identities and practices due to displacements, environmental pollution and degradation, exploitation and deprivation of economic benefits of the mineral resources. To this end, it begins by explaining the methodological approach of the study upon which it is anchored. Thereafter, it treats the theoretical frameworks in order to provide the context, and thus lend scientific justification to the subsequent presentation and discussion of the findings as well as conclusions and recommendations.

METHODOLOGICAL APPROACH

The study, which has informed this article, was qualitative in approach. It employed a combination of key informant interviews (KIIs) and focus group discussions to gather in-depth data. To integrate these different components of the study coherently and logically, the researchers employed a combination of descriptive and explanatory designs.

Research sites were selected from two provinces of Zambia, namely, Copperbelt and North-Western Provinces. In the Copperbelt province, we sampled five districts and three in the North-Western province. We selected these study provinces because they currently constitute the hub of copper mining operations in Zambia. Notable mines operating in the Copperbelt province are Chambishi Metals Mine, NFCA mine and Konkola Copper Mine (KCM).  As for North-western province, these mines include RIDA Investments Limited, commonly known as Jifumpa mine in Kasempa District, as well as Kansanshi Kalumbila mines in Solwezi District.

As for specific research techniques, the research study was based on both primary data and secondary data:

We drew primary data from key Informant Interviews (KIIs) and in-depth, semi-structured interviews with individuals who possessed specialised knowledge, experience or insights relevant to the study. The key individuals interviewed included mine’s human resource personnel, constituency leaders (Members of Parliament), local councillors, traditional leaders, mine workers’ union representatives, and ordinary local community members. Focus group discussions were also conducted through the use of open-ended questions in order to explore experiences, gather diverse perspectives and validate findings from interviews. Finally, through non-participant observation, we systematically observed and recorded behaviours and interactions among residents of the mining areas.

As for secondary data, we collected it through document analysis. Key among these documents included the International Covenant on Civil and Political Rights (ICCPR) of 1966, the International Covenant on Economic, Social and Cultural Rights (ICESCR) of 1966, International Labor Organization (ILO) Convention No. 169 of 1989, the UN Declaration on the Rights of Indigenous Peoples (UNDRIP)  of 2007, Zambia’s Constitution (Amendment) Act No. 2 of 2016, Zambia’s Environmental Management Act No. 12 of 2011, Zambia’s Mines and Minerals Development Act of 2022 and its National Resettlement Policy of 2015.

Since the research study dealt with qualitative data, we employed thematic and content analysis to interpret it.

THEORETICAL FOUNDATIONS

The article is hinged on two theoretical underpinnings, namely, the notion of religion and the human rights theoretical framework.

A.Concept of Religion

The concept of religion is complex and difficult to define.  This is plausible in that the “diversity of religions across the globe is staggering, with over 4,000 recognised faiths (Ricardo 2024) [1]. As such, different scholars have defined religion in different ways [2]. Generally, however, religion comprises those aspects of human behavioural complexes that are organised around beliefs in the spiritual or supernatural beings [3]. These are manifest not only on an individual level, but also in a collective space as a group or community. According to Durkheim, for instance, religion is essentially a collective experience that involves society of a social group as opposed to a private individual’s affair. “Instead of characterising religion as the individual’s innermost beliefs, religion, from Durkheim’s perspective, is about beliefs shared by a connected group as a societal practice [4].” In this sense, religion is a socio-cultural practice. Culture, and culture is the totality of forms in which the basic concern of religion expresses itself. In abbreviation: religion is the substance of culture, culture is the form of religion” [5].

As a cultural phenomenon, religion is inseparable from any other areas of life, as evidenced, for instance, in several African contexts [6]. “It covers a wide range of beliefs, practices, and institutions that attempt to answer fundamental questions about existence, the universe, and the divine” [7]”. It reflects man’s attempts to come to terms with his environment particularly as it concerns those experiences which he fails to make sense of such as death, pain and suffering. Thus, religious “beliefs often focus on understanding the meaning of life, the nature of existence, the afterlife, and the relationship between humans and a higher power or gods” [8])”. Luckman [9] asserts that the primary function of religion is to give personal meaning to life. In this respect, religion may suggest to people that they are not worthless or meaningless creatures and, in this way, assists them to bear the frustrating experiences of life.

Religious beliefs and practices (the rites and rituals) are associated with sacred objects. “But by sacred things one must not understand simply those personal beings which are called gods or spirits; a rock, a tree, a spring, a pebble, a piece of wood, a house, in a word, anything can be sacred [10].” Indeed, every society has objects that are related to religious belief, and they are treated with reverence [11]. Among African religions, for instance, various spirits are recognised. These are animated in rivers, road junctions, trees, houses and even mountains, and such spirits are believed to be closer to man as guardian spirits. They are worshipped and honoured with sacrifices and libations [12].

As such, religious faith manifests itself in the daily empirical reality because religion provides human existence with the ultimate meaning, and consequently, influences human conduct [13]. As for the African spiritual experience, it is one in which the realm of the sacred “interpenetrates into the daily experience of the human person to such an extent that religion, culture, and society are imperatively interconnected [14].  Though there are various expressions of religion by African people, it must be conceded that the underlying philosophy is the same [15].

B. Human Rights Theoretical Framework

The framework of the human rights theory is based on principles of equality, non-discrimination, and self-determination, and it aligns with international human rights law [16]. The force of these principles plays out on both the international and domestic fronts, as will be explained hereinafter.

1) International Human Rights Instruments: The principle of self-determination, which is at the core of the human rights theory, stipulates that all peoples, including Indigenous groups, have the right to determine their political, economic, social, and cultural development. As can be inferred already, this is crucial in understanding the rights of indigenous peoples, which are, incidentally, enshrined in international law. It is contained in three international legal instruments: The International Covenant on Civil and Political Rights ICCPR of 1966, the International Covenant on Economic, Social and Cultural Rights (ICESCR) of 1966 and the UN Declaration on the Rights of Indigenous Peoples (hereinafter UNDRIP) of 2007. Article 1 of both covenants stipulates to this effect: “All peoples have the right of self-determination. By that right, they freely determine their political status and freely pursue their economic, social, and cultural development” [17]. As for the Declaration, which was adopted by the United Nations General Assembly, it further underscores self-determination for Indigenous peoples by affirming that “Indigenous peoples have the right to self-determination” [18]. Other pertinent provisions in the Declaration are the following:

• Article 26: Indigenous peoples have the right to own, use, and control their lands, territories, and resources.
• Article 27: States must recognise and adjudicate indigenous land claims through fair and transparent processes.
• Article 31: Indigenous peoples have the right to maintain and control their cultural heritage, traditional knowledge, and intellectual property.

In the aforementioned context, two sets of rights spring from the principle of self-determination, and these are the rights to culture and land. The protection of cultural rights, including religion as it integral component, is indispensable in ensuring that indigenous peoples can preserve and promote their cultural practices, languages, and traditions. Under international law, Cultural rights are considered fundamental human rights. The UNDRIP (Article 11) specifically protects the rights of indigenous peoples to practice, protect, and revitalise their cultural traditions and practices. The article states that “[i]ndigenous peoples have the right to practice and revitalise their cultural traditions and customs” [19].  Besides, Article 2 stresses that indigenous peoples should not be discriminated against based on their ethnic origin, culture, or other attributes. It protects them from unjust treatment. The same article further asserts that indigenous peoples have the right to enjoy all human rights and fundamental freedoms on the basis of equality with other peoples [20]. Similarly, Article 15 of The International Covenant on Economic, Social, and Cultural Rights (ICESCR) protects cultural rights; it affirms the right of everyone to take part in cultural life and enjoy the benefits of scientific progress and its applications [21].

In respect of land and resource rights, Article 26 of the UNDRIP emphasises the rights of Indigenous peoples to their lands and resources, noting that “[i]ndigenous peoples have the right to own, use, develop, and control the lands, territories, and resources that they possess”[21]. This principle of Free, Prior, and Informed Consent (FPIC), mentioned in Articles 32 and 19, demands that indigenous peoples consent before any development or resource extraction takes place on their lands. Furthermore, International Labour Organisation (ILO) Convention No. 169 (1989) also protects indigenous peoples’ land rights, explicitly recognising their right to control the use of their lands and resources. It affirms the necessity of consultation with indigenous peoples, particularly about decisions that may impact their lands or cultures [23]. In Article 14, it specifically states that Indigenous peoples should have ownership over their lands and territories [24]. In any case, it is worthwhile to note that indigenous peoples’ rights to their traditional lands and resources are essential for their identity, livelihood, and cultural preservation. These rights are grounded in the human rights theory, which asserts that land is not only an economic asset but also a central aspect of social and cultural life [ 25].

Finally, on this score, the human rights theory emphasises the need to protect indigenous people’s environments and their rights to live in a healthy and sustainable environment (Article 29 of the UNDRIP). Incidentally, indigenous peoples are often the stewards of biodiversity and sustainable land management practices [26]. In this way, it assures the protection of their territories from harm by developmental projects [27]. Similarly, the International Covenant on Civil and Political Rights (ICCPR) and the ICESCR support the right to health and a clean environment, and indirectly safeguard indigenous peoples’ rights to a healthy environment that sustains their cultures.

It, therefore, becomes evident that internationally, the human rights theory, about the protection of indigenous rights, is fundamentally concerned with recognising their unique cultural, social, and economic contributions. It also aims at protecting their dignity, autonomy, and sovereignty. Key international human rights instruments, such as UNDRIP, ILO Convention 169, and the International Covenants (ICCPR and ICESCR), provide a framework for safeguarding these rights.

2)  Domestic Legal Framework: Nationally, Zambia’s Constitution constitutes the foundation of all the laws in the country, and it is the supreme law of the land.  As such, it takes precedence over any other law that may contradict it. Concerning the question of how the indigenous rights of individuals and groups of people in the mining areas can be more realised and protected, parts 3 and 19 have a direct bearing on this. Part 3 explicitly provides for the protection of fundamental human rights and freedoms.  Among these are the protection of the rights to life (Article 12), protection from deprivation of property (Article 16), protection from inhuman treatment (Article 15) and provisions to secure protection of law (Article 18).  Part 19 focuses on land, environmental and natural resources.  Articles of this section cover issues of principles of land policy (Article 253), classification and alienation of land and land tenure (Article 254), principles of environmental and natural resources management and development (Article 255), protection of environment and natural resources (Article 256), utilization of natural resources and management of environment (Article 257). It is also worth noting that, on the whole, the Constitution itself enjoins upon everyone to rise to its defence and resist or prevent any person from overthrowing, suspending, or illegally abrogating it (Article 2) [28].

There are pieces of legislation that are attendant to the Constitution, in relation to mineral exploration and mining activities, such as the Environmental Management Act No. 12, Mines and Minerals Development Act of 2022 and the National Resettlement Policy. Concerning indigenous rights, the latter is, however, most pertinent.

The National Resettlement Policy has the overarching objective of establishing and protecting resettlement schemes that are economically productive, socially secure and environmentally sustainable for persons settled voluntarily or involuntarily.  The policy affirms the critical nature of land to the country’s social and economic development, as well as the Government’s determination to safeguard and promote security of tenure for land to avoid unnecessary displacements. Under security of tenure (section 5), the policy commits the Government to facilitating the resolution of conflicts concerning ownership of land between the settlers, investors and traditional leaders.  However, it is worthwhile to note that, though the Government has been implementing the Land Resettlement Programme for over twenty-four (24) years, its main focus has been on land resettlement for agricultural purposes without a comprehensive policy and legal framework. This has generated challenges such as a lack of a coordination mechanism at a higher level of Government in the implementation of the land resettlement programme, land disputes and low levels of infrastructure development and service provision in the resettlement schemes [29].

PRESENTATION OF FINDINGS

In the qualitative study that was undertaken for this article, primary data were collected through a combination of key informant interviews (KIIs) and focus group discussions. To integrate these different components of the study coherently and logically, the research employed a combination of descriptive and explanatory designs.  Here are the findings presented thematically:

A. Laws and Regulations around Mining Rights and Activities 

Some respondents were of the view that the laws and regulations concerning mining rights and operations were adequate. However, they also noted that the enforcement of legal provisions was weak in that it was largely dependent on the good goodwill of the management of the mine, which was carrying out mining activities at a particular time. In this sense, the laws were adequate simply on paper but not in practice. In Kalumbila district, where Trident is operating, a focus group discussion member reported that to this end: “These mining companies have taken advantage of the unemployment levels in the country as well as the local people’s low levels of awareness about laws and regulations surrounding mining activities”.  Another respondent observed that legislation around mining was not simply adequate in that it did not focus on the intervention and support for human rights, including indigenous rights. Furthermore, they reported that there were weak linkages between the local and central governments, and this hampered quick intervention in the violation of the rights of miners and host communities. It further came to light from the respondents that provisions of the law did not compel mining companies to engage the communities in discussing their operations. Companies did things without consulting them as stakeholders.

B. Displacements

Displacements were reported in both North-western and Copperbelt provinces of Zambia to pave the way for mining activities. In Kasempa district of North-western province, there were some relocations that had been executed by RIDA Investments. The study also revealed that Kansanshi Mine, in Solwezi district, had also relocated people to an area called New Israel. There were equally reports of displacements on the Copperbelt, which were effected by Chambishi Metals Mine and NFCA mine, where people were relocated to a place which had no water, passable roads, a hospital and a cemetery.  Other displacements, in the same province, had taken place in Luanshya and were underway in Chililabombwe at the time of the study.

Generally, it became evident that displacements, voluntary and involuntary, had stressfully uprooted households from their traditional set-up, depriving them of historical sites, traditional sources of livelihoods and flora medicines as well as access to ancestral burial grounds and traditional shelters. One respondent lamented that “the resting places of our ancestors have been destroyed, and we can no longer go there to pay our respects to them; we fear that soon we will forget about them”.

C. Protection and Promotion of Human Rights

With respect to human rights protection and promotion, the picture that emerged from the study was quite grim.  In the North-western, it emerged from the focus group discussion that the mining policies and laws were not focused on the intervention and support for the indigenous human rights. In Kasempa of North-western province, less than 50% of the respondents stated that the mine had policies and programs that aimed at promoting human rights. However, “the mine unions seem to be compromised just as the Labour Office and the police”, lamented one key informant who was a community member. He added that the mine workers were not allowed to attend funerals and other family emergencies, thereby negatively impacting the cultural ties and fraternity. Cases of child labour were also mentioned, as well as neglect of retired and sick miners. On the whole, the study came to the conclusion that mining companies were not satisfactorily promoting human rights. As heard from a representative of the Kiranaturals Association in one of the Copperbelt districts, “mining companies do not care because they are here for business and not to talk about people’s rights.”

D. Environmental Effects and Accountability

The dewatering process, which was reportedly employed by mining companies from open-pit and underground mines, not only floods the surrounding land, but it also brings with it pollutants and sediments.  As noticed in the study, this engendered poor quality water and siltation of streams.

In North-western province, many respondents feared that the source of the Lufupa river was going to be contaminated since the smelter had been constructed less than three kilometres from where the river passes. Some also reported that the Dengwe River and other streams near the mining sites had been contaminated with mercury.  In the Solwezi district, respondents of the Mbonge community observed that they lacked good and safe drinking water due to contamination of the small stream with chemicals from the Kansanshi mine.  Additionally, they reported that they had lost fertile land due to soil pollution by the mines.  Similar concerns were expressed in the Kalumbila district, where the respondents of the Manyama community suspected that their water sources had been contaminated with uranium elements.

In the Copperbelt province, communities in the mining areas similarly reported cases of pollution of air and water sources. A case in point that was cited was the Lulamba stream in Chambishi town. The respondents stated that the stream had been heavily polluted. According to them, its water had turned green and aquatic life, such as fish, had almost gone into extinction as a result. Besides, they reported that the land surface had become acidic due to the waste discharge from the mines.  Consequently, farmers could not grow crops properly, and if they did, their yield was paltry. As such, many small-scale farmers had been compelled to relocate. According to the focus group discussion, Chambishi had been labelled a no-farming area by the mines because they wanted the entire territory to be turned into mining grounds.

According to a local leader, “air pollution has topped the list of the destructive impact of mining activities on the environment in the Copperbelt province”.  He reported that air was heavily polluted with sulphuric dioxide from the mines, and that, due to inhaling this chemical, coughs, breathing difficulties, eye diseases, irritation of the throat and nose were rife in the community. Furthermore, the water table had reportedly receded as a consequence of the mining activities, and this had led to a serious shortage of clean water in the host communities. For this reason, community members had been compelled to depend on the polluted water that was being dewatered from mining Shafts. On this score, it was also reported that in 2008, people in one sampled district had drunk acidic water and many of them perished as a result.  Worse still, it was uncovered that this dewatering process was flooding some farm areas and washing away essential topsoil, which was much needed for crop cultivation. Furthermore, respondents complained that the process of dewatering brought crocodiles to the land, and thus posing a danger to human life in host communities.

Finally, there were reports of rampant deforestation in the host areas due to indiscriminate cutting down of trees to clear land for mining activities.

DISCUSSION OF FINDINGS

From the outset, it should be affirmed, as Appiah [30] contended, that culture encompasses the entire way of life of groups of people and is passed on from generation to generation. Collective rights protect indigenous languages, traditions, and knowledge systems, which are vital to their identity. This is evident in the aforementioned provisions of the International Labour Organisation [31]. Integral to culture is religion, which provides a worldview of the people and thus permeates all aspects of social life [32]. However, mining activities taking place on the Copperbelt and North-western provinces of Zambia, as demonstrated by the findings, are generally detrimental to indigenous people’s cultural rights.

From the perspective of the UN Declaration on the Rights of Indigenous Peoples [33], it is evident that safeguarding indigenous rights is embedded in broader human rights theories that put emphasis on equality, self-determination, cultural preservation, and protection from discrimination. However, the displacements in the Copperbelt and North-western provinces of Zambia uprooted indigenous people from their cultural and traditional environmental setting and, in so doing, deprived them of their sources of herbal medicines and traditional foodstuffs such as fish and vegetation.  It is worth noting that medicines are one of the common elements of African religious experience [34]. In any case, as observed by Olupona [35] about the inextricable interrelatedness between culture and religion, disruption of culture inevitably implies disruption of the religious experience of the African people who are indigenous in the host mining areas of Zambia.

Furthermore, displacements had robbed affected people of the two provinces of their maintenance of cultural and environmental connections. Dislodged from their historical sites, destruction to sacred places and ancestral graves that formed their religious worldview, the case in point was palpable.  As observed by Durkheim [36], religion finds expression in various objects of nature that are revered because they are considered sacred and a representation of the divine. Deforestation and destruction to natural environments, which have taken place in mining host communities, have alienated indigenous people from some of their revered sacred objects. Destruction to the environment in which people have been settled for generations entails destruction of these things which they have associated with their religious beliefs, and, therefore, treated with reverential respect and honour. The rights to such mundane and yet existential things are, however, integral to securing environmental justice as well as religious well-being [37].

Destruction of the environment, which had and was still occurring in the two provinces at the time of the study, was equally an affront on environmental justice from both international and domestic legal frameworks. Deforestation, pollution of air and water sources put the health and lives of people at risk, and yet the Zambian Constitution fundamentally provides for the protection of the rights to life (Article 12), protection from inhuman treatment (Article 15) and provisions to secure protection of the law (Article 18).  Besides, the situation contradicts provisions of the Environmental Management Act No. 12 of 2011 and its Regulations [38], which provide for integrated environmental management and the protection and conservation of the environment and the sustainable management and use of natural resources and related matters. Similarly, the Mines and Minerals Development Act (2015) [39] provides, inter alia, for safety, health and environmental protection in mining operations.  As observed earlier, the environment is bound up with the culture of indigenous people in mining areas.

Thus, damage done to the environment ultimately contravenes provisions of the International Covenant on Economic, Social, and Cultural Rights (ICESCR), which, as observed earlier, protects cultural rights and affirms the right of everyone to take part in cultural life [40]. The prevalent situation, therefore, in the Copperbelt and Northwestern provinces, indicated that while human rights instruments and legal frameworks have adequate safeguards for the protection of both the environment and human beings, their enforcement was weak, and at worst, absent.

Religions of indigenous people have been directly disrupted by displacement.  In the wake of this, people have been disconnected from the lands of their ancestral spirits and the graveyards where they have been buried. This has made it hard to invoke ancestral spirits and to honour them with libations in new foreign settlements, an element which is key to African spirituality [41]. In so doing, displacements due to mining operations have delinked the living from the dead, who have become ancestors.

As observed about spirits, which are crucial in the religious consciousness of the people, they are animated in rivers, road junctions, trees, houses and even mountains. Spirits are believed to be closer to man as guardian spirits [42]. This connection has equally been disrupted by displacement, voluntary or involuntary.

CONCLUSION

It has come to the fore that environmental justice is intricately connected to indigenous rights because indigenous peoples often live in and depend on ecosystems, which are crucially vital in their religious consciousness and interpretation of the universe, as well as their experience. Disruption of their environment by mining rights holders distorts their identity and spiritual well-being, as religion cuts across everything that constitutes their world. Hence, the extraction of copper should not subordinate indigenous land rights, a practice which has caused displacements, deforestation, water and air pollution. As it were, land is an integral aspect of the cultural and spiritual identity of indigenous communities which host the mining activities. However, notwithstanding the legal protections of the rights of indigenous people, both international and domestic, the full realisation of Indigenous rights remains an ongoing challenge, particularly in the face of profit-driven extractive copper companies and weak oversight state institutions, as in the case of Zambia.

RECOMMENDATIONS

• Government must fully domesticate and enforce provisions of the UN Declaration on the Rights of Indigenous Peoples (UNDRIP) that provide for their right to ownership and control of their land (including resources) as well as to maintain and control their cultural heritage, religious rights, traditional knowledge, and livelihoods that are attached to their traditional lands.
• Government must endeavour to safeguard, through a legal framework, cultures of indigenous people, including traditional religions that are closely linked to their traditional environment, as well as their social and economic development
• Mining right holders should be sensitised on the interconnectedness among religious, cultural and environmental realms in host communities of Zambia.

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