As Responsabilidades Extraterritoriais do Canadá pela Atuação de suas Empresas Mineradoras: uma análise da Kinross Gold em Paracatu (MG)

Abstract

One of the main debates on business and human rights is the extraterritorial responsibility of national states to regulate their production chains operating outside their jurisdiction, considering the ineffectiveness of reparation mechanisms based on the location where the harm occurs. This issue is especially relevant in the mining sector, which has historically been associated with widespread human rights violations. Canada has a strong presence in this sector, particularly in Latin America. Therefore, this research seeks to answer the question of whether the Canadian state has an international legal obligation to regulate the extraterritorial activities of mining companies registered in its jurisdiction.  For this purpose, the methodology adopted primarily focuses on a case study of the socio-environmental violations committed by the Canadian company Kinross Gold in Paracatu (MG). As a preliminary step, a literature review was conducted, focusing on the theoretical framework, namely, the debates on the extraterritorial responsibilities of home States to regulate their mining production chains. In particular, we analyzed the impacts of the corporate social responsibility policy established by the Canadian government in 2022, as well as examined the possibility of extraterritorial litigation before Canadian courts based on the landmark decision in Choc v. Hudbay, issued by the Ontario Superior Court of Justice. The results indicate the ineffectiveness of the current Canadian corporate social responsibility policy, which lacks clear guidelines on due diligence processes, allowing human rights violations in Paracatu and enabling and reinforcing such abuses. Therefore, Canada is in violation of its international legal obligations to protect human rights.