Implementing Business and Human Rights Norms in Africa: Law and Policy Interventions

Implementing Business and Human Rights Norms in Africa: Law and Policy Interventions

Author: Oyeniyi Abe

Publisher: Routledge

Published: 2022-05-15

Total Pages: 192

ISBN-13: 1000588211

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This book examines the contemporary and contentious question of the critical connections between business and human rights, and the implementation of socially responsible norms in developing countries, with particular reference to Kenya, Nigeria, and South Africa. Business enterprises and transnational corporate actors operate in a complex global environment, especially when operating in high risks sectors such as oil and gas, mining, construction, banking, and health care amongst others. Understanding human rights responsibilities, impacts, and socially responsible behaviour for companies is therefore an essential component of corporate risk management in our current world. The release of the United Nations Guiding Principles on Business and Human Rights, an instrument consisting of 31 principles on this issue, has further underscored the emergence of a rapidly developing set of international law norms on human rights responsibilities of businesses and transnational corporations. It has also shaped the discourse on corporate accountability for human rights. In addition to minimizing litigation, financial and reputational risks, understanding and demonstrating corporate respect for human rights is vital to building a culture of trust and integrity amongst local communities, investors, and shareholders. While Africa has been at the receiving end of deleterious activities of corporate actors, it has failed to address corporate impunity and human rights violations by non-state actors. Questions abound revolving around the underpinnings of a corporate responsibility to respect human rights, that is, how non-western and particularly African conceptions of respect may help develop a beyond do no net harm approach to respect; policy discourses on human rights due diligence, human rights impact assessment; mandating corporate respect for human rights in both domestic and international law. This book examines, clarifies, and unpacks the guiding principles of a rights-based approach to development and social inclusion. It offers an excellent exposition of regulatory capacity, institutional efficacy, and democratic legitimacy of governance institutions that shape development including a comprehensive analysis of how states are shaping business and human rights discourses locally to develop a critical understanding of identified issues by exploring the latest theories through comparative lenses.


Business and Human Rights

Business and Human Rights

Author: Manoj Kumar Sinha

Publisher: SAGE Publications Pvt. Limited

Published: 2013-11-08

Total Pages: 0

ISBN-13: 9788132111399

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In the 21st century, one of the most noteworthy changes in the human rights debate relates to the increased recognition of the link between business and human rights. This book is an attempt to explore this relationship and also to look into the obligations of the state and transnational corporations in the promotion of human rights. Business and Human Rights discusses how globalization has affected individuals in the enjoyment of their human rights in relation to the activities of corporations. The book addresses what additional steps the states should take to protect against human rights abuses by business enterprises that are owned or controlled by the state. Moreover, it covers, in depth, the role and contribution of the United Nations in business and human rights. The book includes several real-life case studies to help the readers understand the topics discussed.


Human Rights in Africa

Human Rights in Africa

Author: Eunice N. Sahle

Publisher: Springer

Published: 2019-02-01

Total Pages: 342

ISBN-13: 1137519150

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This edited collection explores key human rights themes and situates them in the context of developments on the African continent. It examines critical debates in human rights bringing together conceptually and empirically rich contributions from leading thinkers in human rights and African studies. Drawing on scholarly insights from the fields of constitutional law, human rights, development, feminist studies, public health, and media studies, the volume contributes to scholarly debates on constitutionalism, the right to water, securitization of development, environmental and transitional justice, sexual rights, conflict and gender-based violence, the right to development, and China’s deepening role in Africa. Consequently, it makes an important scholarly intervention on timely issues pertaining to the African continent and beyond.


Human Rights in Africa

Human Rights in Africa

Author: Brian Baughan

Publisher: Mason Crest Publishers

Published: 2014

Total Pages: 0

ISBN-13: 9781422229422

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Discusses the history behind the struggle to secure fundamental rights and freedoms for all Africans, also explains the roles that can be played by organizations like the United Nations and the African Union, NGOs such as Amnesty International and Human Rights Watch, and national governments in advancing the cause of human rights.


Business and Human Rights

Business and Human Rights

Author: César Rodriguez-Garavito

Publisher: Cambridge University Press

Published: 2017-09-21

Total Pages: 221

ISBN-13: 1107175291

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Explores the conceptual and legal underpinnings of global governance approaches to business and human rights, with an emphasis on the UN Guiding Principles.


Business, Human Rights and Transitional Justice

Business, Human Rights and Transitional Justice

Author: Irene Pietropaoli

Publisher: Routledge

Published: 2020-05-07

Total Pages: 248

ISBN-13: 1000066061

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This book considers the efficacy of transitional justice mechanisms in response to corporate human rights abuses. Corporations and other business enterprises often operate in countries affected by conflict or repressive regimes. As such, they may become involved in human rights violations and crimes under international law ‒ either as the main perpetrators or as accomplices by aiding and abetting government actors. Transitional justice mechanisms, such as trials, truth commissions, and reparations, have usually focused on abuses by state authorities or by non-state actors directly connected to the state, such as paramilitary groups. Innovative transitional justice mechanisms have, however, now started to address corporate accountability for human rights abuses and crimes under international law and have attempted to provide redress for victims. This book analyzes this development, assessing how transitional justice can provide remedies for corporate human rights abuses and crimes under international law. Canvassing a broad range of literature relating to international criminal law mechanisms, regional human rights systems, domestic courts, truth and reconciliation commissions, and land restitution programmes, this book evaluates the limitations and potential of each mechanism. Acknowledging the limited extent to which transitional justice has been able to effectively tackle the role of corporations in human rights violations and international crimes, this book nevertheless points the way towards greater engagement with corporate accountability as part of transitional justice. A valuable contribution to the literature on transitional justice and on business and human rights, this book will appeal to scholars, researchers and PhD students in these areas, as well as lawyers and other practitioners working on corporate accountability and transitional justice.


Building a Treaty on Business and Human Rights

Building a Treaty on Business and Human Rights

Author: Surya Deva

Publisher: Cambridge University Press

Published: 2017-10-19

Total Pages: 539

ISBN-13: 1107199115

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This book provides a sustained treatment of the politico-legal context and content of a proposed business and human rights treaty.


International Investment Law and Policy in Africa

International Investment Law and Policy in Africa

Author: Fola Adeleke

Publisher: Routledge

Published: 2017-09-08

Total Pages: 211

ISBN-13: 1351998811

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This book studies the international investment law regime in Africa and provides a comprehensive analysis of the current treaty practices in Africa from global, regional and domestic perspectives. It develops a public interest regulation theory to highlight the role of investment regulation in sustainable development and the protection of human rights. In doing so, the book identifies seven factors that should be considered by arbitrators in resolving international investment disputes that affect the public interest. It considers how corporations can be held accountable through investment treaties in the absence of a global treaty on business and human rights while protecting the rights of investors and their investments. Furthermore, the book explores the current objectives and features of investor-state dispute settlement (ISDS) as well as the deficiencies and its intersection with the rule of law. It identifies alternatives for ISDS and the extent to which these alternatives address the objectives of attracting investment, depoliticise investment disputes, promote the rule of law and offer remedies to investors. These solutions are offered in relation to the protection of human rights, the promotion of sustainable development and the right of states to introduce domestic public interest regulation. Finally, the book takes a prospective stance and discusses future trends for dispute settlement and investment rulemaking in Africa.


Expanding Perspectives on Human Rights in Africa

Expanding Perspectives on Human Rights in Africa

Author: M. Raymond Izarali

Publisher: Routledge

Published: 2019-03-14

Total Pages: 323

ISBN-13: 1351398458

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This book draws attention to emerging issues around the rights of minorities, marginalized groups, and persons in Africa. It explores the gaps between human rights provisions and conditions, showing that although international human rights principles have been embraced in the continent, various minority groups and marginalized persons are denied such rights through criminalization and persecution. African countries have a good record of signing and ratifying international and regional rights instruments but the political will and capacity for enforcing these with respect to minorities remain weak. International contributors to the book provide new perspectives on the rights of marginalized and minority groups in different parts of Africa and the extent to which they are deprived or denied entitlement to the universality and equality articulated in law. The authors show that human rights, while having come of age as a moral ideal, has not been fully entrenched in practice towards groups such as children, indigenous populations, the mentally ill, persons with disabilities, and persons with albinism. This volume is geared toward scholars, students, human rights groups, policy makers, social workers, international organizations, and policy makers in the fields of criminology, security studies, development studies, political science, sociology, children studies, social psychology, international relations, postcolonial studies, and African Studies.


Business and Sustainable Development in Africa

Business and Sustainable Development in Africa

Author: Uwafiokun Idemudia

Publisher: Routledge

Published: 2022-03-31

Total Pages: 228

ISBN-13: 1000554554

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The book offers new critical insights into the relationship between corporate social responsibility (CSR) and sustainable development in Africa. The extent to which CSR initiatives can contribute to sustainable development in Africa remains debatable. This book examines in a very clear structure how, when, and whether CSR initiatives are able to contribute to the realization of the sustainable development goals, peace, and environmental sustainability at the micro-levels of society. It also explores some macro-level issues such as the relationship between taxation and CSR, CSR and human rights, and CSR and public governance and, in so doing, challenges existing CSR dogmas. With themes aligned with the UN Sustainable Development Goals (SDGs), this book provides useful practical guidance for policymakers and business leaders seeking to better understand the strength and limitations of CSR as a vehicle for advancing sustainable development in Africa. It will also appeal to scholars, researchers, and students of African studies, development studies, international business, strategic management, and business and society.