UIC Law Open Access Repository

Robinson, Jordan

English

Sin, Sickness, or Self-Defense? How Medicalizing Women’s Acts of Survival Confounds Justification and Excuse, and Undermines Justice

UIC Law Review 
Volume 58 Issue 4 Article 1 
2025 
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Recommended Citation 
Masthead, 58 UIC L. Rev. (2025) 
https://repository.law.uic.edu/lawreview/vol58/iss4/1 
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UIC LAW REVIEW 
VOLUME 58 SUMMER 2025 ISSUE 4 
 
FAYE VASILOPOULOS 
Editor-in-Chief 
EDITORIAL BOARD 
2024-2025 
 
DEREK RHEA 
Managing Editor 
 
FATIMA SIDDIQUA 
Executive Lead 
Articles Editor 
 
JACOB BARON 
Lead Articles Editor 
 
ROXY FREEL 
Lead Articles Editor 
 
SKYLAR NAFZIGER 
Lead Articles Editor 
 
RICHARD LEE 
Lead Articles Editor 
 
JACOB HULBERT 
    Executive Production Editor 
 
DAVID GIRGIS 
Administrative Editor 
BETHANY NELSON 
Candidacy Editor 
 
JORDAN ROBINSON 
Executive Student 
Publications Editor 
 
TAYLOR CHANTRY 
Student Publications Editor 
 
ERIN OWEN 
Student Publications Editor 
 
ANITA SALIU 
Student Publications Editor 
 
AMANDA MEDENDORP 
Student Publications Editor 
 
HEIDI HOPSON 
Production Editor 
 
STAFF EDITORS 
 
EYRAM ANAGLATE ISABEL BEEBE IMANI JOHNSON  
 
VICTORIA MOONCOTCH VINCENT OLSON  ANTHONY RAY 
 
JACOB ROTOLO  SEBASTIAN ROZPADEK 
 
 
  
 
STAFF
SOPHIA	ANASTASIA 
AMI	BERANEK	
HANS	BROWNSTEIN 
SAMUEL	CROAK 
ALEXA	ESSER 
ALEXANDRA	HERMAN 
NICASIA	LACORTE 
HAMZA	MEMON 
CHRISTINE	PILLADO 
ELLIOT	ROSE 
ANGELA	VIVACQUA 
ANNIE	WISE 
KYLE	ANDERSON 
KIRSTEN	BERKEY 
CLARE	BRUNN 
SAMUEL	DAUNER 
CHANG	GAO 
DANIEL	HRYNKO 
ANNA	LANTZ 
ALEX	NASCA 
MARLEE	REISCHL 
JORDAN	SALZMAN 
ERIN	WALLANDER 
JACK	WOEHLER 
OMAR	ARAFEH 
MAHA	BOKHARY 
KHALA	CARTER 
STEFAN	DAVITKOV 
IVAN	GARCIA 
CAMERON	IPPOLITO 
BRENDAN	MCDONOUGH 
NICHOLAS	NASTRUZ 
RYAN	RICHTER 
MAXWELL	SEEWALD 
MICHAEL	WARREN 
 
ROBERT	ARANDA	 
JASMINE	BOOTHE 
JESSICA	CHUKWUMA 
VIRAJ	DESETTY 
SARA	HABIB 
SHAHID	JABER 
ADAM	MEIXNER 
PETER	PIEROPOULOS 
JACQUELINE	ROBBINS 
KATIE	STONICH	
MARILYN	WEBB	
	
FACULTY ADVISORS 
 
DONALD L. BESCHLE MARK E. WOJCIK 
ISSN	2836-7006	


Masthead

Schwinn, Steven D.

Can an E-Cigarette Manufacturer, Located in the Fourth Circuit, Appeal a Denial by the Food and Drug Administration of Its Application to Market E-Cigarette Products in the Fifth Circuit, if Retailers of the Manufacturer\u27s Products Are Located in the Fifth Circuit?

Dávila A., Sarah

UIC School of Law 
UIC Law Open Access Repository 
Faculty White Papers 
9-16-2025 
Allegations of Human Rights Abuses in Tsumeb, Namibia 
Sarah Dávila A. 
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 Part of the Law Commons 
https://repository.law.uic.edu/whitepapers/36 
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 1 
 
 
       Sarah Dávila A.  
 
       University of Illinois Chicago  
       School of Law 
       International Human Rights Clinic 
       300 S. State Street 
       Chicago, Illinois, USA 60604 
       Tel. +1 (312) 386-2888 
       sdavila@uic.edu 
 
Allegations of Human 
Rights Abuses in Tsumeb, 
Namibia  
 
  
 
Investigation of human rights abuse 
allegations relating to the environment in 
Tsumeb, Namibia supporting the United 
Nations Special Rapporteur on Toxics and 
Human Rights  
 
 
Contact:  
 2 
 
 
 
Investigative Team 
UIC Law School International Human Rights Clinic 
The UIC Law School International Human Rights Clinic (IHRC) is a non-profit, nonpartisan, law 
school legal clinic dedicated to promoting and protecting human rights in the United States and 
around the world. The IHRC offers students a background in human rights advocacy through the 
practical experience of working on international human rights cases and projects.  
The International Human Rights Clinic at UIC Law was the principal investigator of the case 
relating to Tsumeb, Namibia, under the direction and supervision of Professor Sarah Dávila, 
Director of the IHRC. This investigation was possible due to a multidisciplinary collaboration with 
the UIC School of Public Health, and specifically Assistant Dean for Global Health Alyson 
Lofthouse. The investigative team included faculty and students from the legal, medical, and 
public health fields. This multidisciplinary team was able to examine and consider wide scope of 
evidence including legally relevant documents, testimonies, medical records and lab results, 
scientific testing, as well as other publicly available information.  
 
Summary of the Case 
 
On June 11 2025, a letter from the United Nations Special Rapporteur on Toxics and Human 
Rights, Dr. Marcos Orellana, along with United Nations Special Rapporteurs on the implications 
for human rights of the environmentally sound management and disposal of hazardous 
substances wastes; the Working Group on the issue of human rights and transnational 
corporations and other business enterprises; the Special Rapporteur on the human right to a 
clean, healthy and sustainable environment and the Special Rapporteur on the human rights to 
safe drinking water and sanitation, was sent to the Republic of Namibia, China, United Kingdom 
of Great Britan and Northern Ireland, Canada, and corporations Sinomine Resource Group 
(China), Dundee Precious Metals Tsumeb (Pty) Limited (Canada), Dundee Precious Metals 
(Canada), and Weatherly International Plc (United Kingdom) bringing attention to allegation of 
human rights abuses against workers and community members in the context of activities of the 
Tsumeb Smelter in Tsumeb, Namibia. 
 
According to the letters, Smelter activities (through corporate activities) have violated human 
rights relating to environmental degradation on air quality; improper and hazardous waste 
disposal practices resulting in soil and water quality impact; adverse health effects resulting in a 
health crisis for workers exposed to highly hazardous  
 
 
 
 3 
 
 
 
 
 
 
smelter activities; and community members exposed to hazardous air and water; barriers to 
medical information and care; impeding of access to information, including environmental 
information; access to justice; and a legacy of Apartheid. 
 
Under the authority of the United Human Rights Council, the letter asks that the governments and 
corporations receiving information respond and/or provide information to the allegations included 
in the letter, and to the questions posed. However, as of September 10, 2025, no government or 
corporation has officially responded to these allegations.  
 
Toxic Impact on the Environment  
Since its operations began in 1963 the Tsumeb Smelter has devastated Namibian communities. 
Hazardous smelting byproducts including arsenic trioxide, sulfuric acid, sulfuric dioxide, lead, 
cadmium, and mercury have contaminated air, soil, and water causing serious danger to human 
and environment health.  
 
The Smelter has adversely impacted the air quality by releasing approximately 10 tons of SO2 
annually. Namibian flora is impacted by the Smelter’s poor waste management practices and soil 
pollution. The Smelter’s practice of disposing arsenic trioxide waste bags into sand pits results in 
high levels of arsenic in the air, surface soil, settled dust samples, and locally grown plants. 
Further, Namibia’s most vulnerable resource, water, is further impacted by the Smelter’s 
operations as its dumpsites have eroded and allowed arsenic to enter water aquifers.  
 
Barriers to Health, Medical Care, and Information 
Workers exposed to arsenic inhalation at the Smelter have experienced various lung and chest 
issues. Testimonies include reports of erectile dysfunction, infertility, miscarriages, malformations 
in newborns, pruritus (itchy skin), asthma, coughing, lung disease, and shortness of breath from 
community members and workers alike. These illnesses are not easily remediable either as the 
Smelter implements heavy barriers to medical care for its workers, including a lack of access to 
independent doctors and unaffordable medical services. Even private doctors in Tsumeb utilize 
Smelter equipment further intertwining health facilities with the Smelter. Even seeking medical 
care from on-site or off-site doctors, carries the risk of unpaid time-off or potential job termination.  
 
A Multigenerational Injustice  
The Tsumeb community (and around Tsumeb) relies on the economic benefit of the Smelter’s 
operations. However, this should not come at the cost of their health and environment. Thus, they 
call not for operations to cease, rather they call for justice. They ask for safe working conditions, 
adequate compensation for their labor, access to accurate environmental and medical 
information, etc. They ask for the full enjoyment of their human rights.  
 
 
 
 
 
 4 
 
 
 
 
 
 
De-Facto Impunity for Corporations 
The Smelter has yet to be held accountable for the actions above, having utilized contract clauses 
that shield them from liability for any environmental harm prior to the date of purchase. This 
effectively allows these corporate entities to avoid liability for their operations. In fact, the most 
recent sale from Dundee to Sinomine was approved despite the Tsumeb Business Consortium 
petitioning the Namibian Competition Commission to block the sale unless both companies 
accepted responsibility for rehabilitation, health checks, and future liability.  
 
These practices show no sign of halting. Most recently, Sinomine has been approved to upgrade 
its operations to process germanium and zinc at the smelter despite retrenching the workforce at 
the Smelter and the lack of environmental remediation needed. It has justified the construction of 
the new plant to process germanium and zinc as an alleged method to recycle historic material 
left from copper smelting. The reality is that Sinomine shows little intent of remediating the 
environmental pollution produced by the Smelter and residents have not received information 
about how workers will be protected, the environment remediated, and health assistance provided 
to those affected in this environmental and health crisis.  
 
The Republic of Namibia, China, United Kingdom of Great Britan and Northern Ireland, Canada, 
and corporations Sinomine Resource Group (China), Dundee Precious Metals Tsumeb (Pty) 
Limited (Canada), Dundee Precious Metals (Canada), and Weatherly International Plc (United 
Kingdom) have yet to officially respond to these allegations. However, Dundee has made a 
statement to the press stating that during its ownership an on-site clinic was provided, alongside 
a formal process for employees to access their medical records. Dundee asserts independent 
studies of its employees and residents were welcomed. They claim that there was no significant 
difference between the average biological exposure index between Tsumeb and a city 300 
kilometers away.  


Allegations of Human Rights Abuses in Tsumeb, Namibia

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Not a member yet

Sin, Sickness, or Self-Defense? How Medicalizing Women’s Acts of Survival Confounds Justification and Excuse, and Undermines Justice

Masthead

Can an E-Cigarette Manufacturer, Located in the Fourth Circuit, Appeal a Denial by the Food and Drug Administration of Its Application to Market E-Cigarette Products in the Fifth Circuit, if Retailers of the Manufacturer\u27s Products Are Located in the Fifth Circuit?

Allegations of Human Rights Abuses in Tsumeb, Namibia

Perez v. Sturgis Public Schools: What’s the Big Idea About an Adequate Remedy?

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Table of Contents

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