Local communities in Africa are groups of people with common interests, traditions, cultures, and languages, living in a particular area. These communities are often rural, located in remote areas, and mostly farmers with others engaging in traditional livelihoods, with their lands fully enriched with natural resources. They and the Indigenous peoples are synonymous in their characteristic livelihood within the natural environment and biodiversity where the transnational business enterprises operate with far-reaching ramifications on their fundamentally guaranteed human rights. The human rights foundation of the local communities in Africa would be laid on the Universal Declaration of Human Rights, the International Covenant on the Economic, Social, and Cultural Rights, and the African Charter on Human and Peoples’ Rights, with emphasis on the promotion and protection of the economic, social and cultural rights. Transnational businesses in focus are the extractive industries engaged in the mining of solid minerals and exploration and exploitation of oil and gas. For the protection of the human rights of the local communities, this chapter will rely on various international documents on businesses and human rights such as: (a) the United Nations Human Rights—Guiding Principles on Business and Human Rights, which enumerates various principles that guide States’ obligation to respect, protect, and fulfil human rights and fundamental freedoms, and (b) the Organisation for Economic Co-operation and Development (OECD) Guidelines for Multinational Enterprises that provide non-binding principles and standards for responsible business conduct in a global context that are consistent with applicable laws and internationally recognised standards. The State as duty-bearer is responsible for the operational conduct of businesses with concerted respect for human rights in its domain, regardless of the size of the business, with policies, rules and contractual agreements that contain guidelines and principles of the host country. The goal of this author is to narrow down the focus of every national/multinational/international business in the extractive sector in Africa (a) to the existing principles and norms for effective implementation and actualisation, and (b) to engage the local and Indigenous peoples as ultimate and direct beneficiaries of business benefits through active participation and consultations. Such benefits should include the promotion of the peoples’ right to development, implementation of the various business principles and companies’ corporate social responsibilities.

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Advancing the Principles of Transnational Business Enterprises in Protecting the Human Rights of Local Communities in the Extractive Industries in Africa

  • Ebun Abolarin

摘要

Local communities in Africa are groups of people with common interests, traditions, cultures, and languages, living in a particular area. These communities are often rural, located in remote areas, and mostly farmers with others engaging in traditional livelihoods, with their lands fully enriched with natural resources. They and the Indigenous peoples are synonymous in their characteristic livelihood within the natural environment and biodiversity where the transnational business enterprises operate with far-reaching ramifications on their fundamentally guaranteed human rights. The human rights foundation of the local communities in Africa would be laid on the Universal Declaration of Human Rights, the International Covenant on the Economic, Social, and Cultural Rights, and the African Charter on Human and Peoples’ Rights, with emphasis on the promotion and protection of the economic, social and cultural rights. Transnational businesses in focus are the extractive industries engaged in the mining of solid minerals and exploration and exploitation of oil and gas. For the protection of the human rights of the local communities, this chapter will rely on various international documents on businesses and human rights such as: (a) the United Nations Human Rights—Guiding Principles on Business and Human Rights, which enumerates various principles that guide States’ obligation to respect, protect, and fulfil human rights and fundamental freedoms, and (b) the Organisation for Economic Co-operation and Development (OECD) Guidelines for Multinational Enterprises that provide non-binding principles and standards for responsible business conduct in a global context that are consistent with applicable laws and internationally recognised standards. The State as duty-bearer is responsible for the operational conduct of businesses with concerted respect for human rights in its domain, regardless of the size of the business, with policies, rules and contractual agreements that contain guidelines and principles of the host country. The goal of this author is to narrow down the focus of every national/multinational/international business in the extractive sector in Africa (a) to the existing principles and norms for effective implementation and actualisation, and (b) to engage the local and Indigenous peoples as ultimate and direct beneficiaries of business benefits through active participation and consultations. Such benefits should include the promotion of the peoples’ right to development, implementation of the various business principles and companies’ corporate social responsibilities.