Business And Human Rights in Africa

Auteur

Uché Ewelukwa Ofodile is a professor of law at the University of Arkansas School of Law, USA.

Texte du rabat

Business and Human Rights in Africa raises interesting questions about the legitimacy and long-term viability of the business and human rights agenda in Africa, and in developing countries more generally. It explores the key issues for business and human rights in Africa and asks how and to what extent are the UN Guiding Principles changing the law and policy in Africa or the behavior of businesses operating in the continent? The book examines both the international and regional legal and policy initiatives on business and human rights in Africa and how these initiatives are being implemented in selected countries.

Résumé

One of the most significant debates in international human rights law and in international law generally in the 21st century is about the responsibility of businesses for human rights in their areas of influence. The last decade witnessed significant, arguably monumental, development in global norms pertaining to the human rights obligation of businesses. Of particular significance is the emergence of a distinct business and human rights agenda driven by two normative instruments: the 2008 Protect, Respect and Remedy: a Framework for Business and Human Rights and the 2011 UN Guiding Principles on Business and Human Rights.

Business and Human Rights in Africa raises interesting questions about the legitimacy and long-term viability of the business and human rights agenda in Africa, and in developing countries more generally. It explores the key issues for business and human rights in Africa and asks how and to what extent are the UN Guiding Principles changing the law and policy in Africa or the behavior of businesses operating in the continent? The book examines both the international and regional legal and policy initiatives on business and human rights in Africa and how these initiatives are being implemented in selected countries. Focusing in part on the extractive industry it consider the industry standards and best practices as well as the challenges the industry still faces in order to avoid human rights abuses. The book examines and evaluates emerging practices designed to minimize, manage, or mitigate corporate impact on human rights in Africa. It looks at the role of national and regional courts in Africa in ensuring accountability of businesses in Africa as well as considering the possible role for alternative dispute resolution mechanisms in realizing accountability.

Contenu

1. Introduction Part 1: Business and Human Rights and Africa: History, Politics, Context, Issues
   2. Business and Human Rights in Africa: A Historical Overview 3. Africa and the Normative Framework for Business and Human Rights: A Critique Part 2: Business and Human Rights In Africa: The Regulatory and Institutional Framework
      4. Regional Framework and Standards on Business and Human Rights 5. The Domestic Framework for Business and Human Rights in Africa: Selected Country Study Part 3: The Extractive Industry in Africa and the Responsibility to Respect
         6. The Extractive Industry in Africa: Emerging Business and Human Rights Issues; Industry Standards; Best Practices; and Challenges Part 4: Access to Remedy: The Role of Litigation and Alternative Dispute Resolution 7. Business and Human Rights: The Role of Domestic Courts in Africa 8. Business and Human Rights: The Role of Regional Courts in Africa 9.Business and Human Rights and Alternative Dispute Resolution Part 5: Business and Human Rights in Africa: Obstacles and Challenges
            10. The Challenge of Policy Incoherence 11. The Challenge of Capacity Constraints 12. The Challenge Posed by New Investors - Emerging Market Multinationals Part 6: Postscript 13.Conclusion