Multinational Mining Corporations, State Regulation and Human Rights Protection in Tanzania : Invoking Command and Control Instruments Towards Effective Corporate Responsibility

Abstract

This study examines the role of the state in the protection of human rights in the context of multinational corporations and globalisation in Tanzania.The main arguement of the study is that the state is the single most important actor for the protection of human rights and for the regulation of multinational mining corporations that operate within its jurisdiction based on its various relevant laws,policies and regulations and other international regulatory frameworks. The study relied on the examination of various policies,legislation and international legal instruments to which Tanzania is committed for the promotion,protection and realisation of human rights. Qualitative Content Analysis was used to examine the various dimensions of the policies and laws in Tanzania creating corporate social responsibility.Discourse Analysis was used to examine the way the media in Tanzania address corporate social responsibility as an emerging global issue. Findings from the review of the above documents and the interviews conducted indicate that Tanzani has a weak and ineffective legal regime to enforce corporate social responsibility.I argue in this paper that the most effective way of enforcing corporate social responsiblity is the use of stringest command and control instruments in order to protect the rights of the people from potential violations by multinational corporations.