Business and Human Rights Law and Practice in Africa

. . . the volume, as the first of its kind to map out the BHR landscape in Africa, has done a commendable job. It will open readers eyes to the diverse BHR concerns and emerging trends in the continent from a legal perspective. It is recommended to those looking to expand their understanding and knowledge of the African BHR landscape. -- Wangui Kimotho and Kebene Wodajo, Business and Human Rights Journal This edited volume is a solid and welcome intervention in the highly topical and fast-growing literature on business and human rights more generally, and as it concerns Africa a continent on which the negative impacts of the activities of large business corporations has been hard felt for centuries now. Professors Olawuyi and Abe have conceptualized and put together a very impressive, seventeen chapter, multidisciplinary, well-researched and well-written book, with a highly developed and painstakingly developed overarching scholarly apparatus. The books socio-legal interrogation of the processes that create, and harms that result from, what its editors appositely refer to as a cultural politics of corporate irresponsibility is well integrated into its accompanying deep dive into the complex legal, ethical and business questions that are intimately connected to that phenomenon. Readers from a wide variety of disciplines and backgrounds will surely find the books conceptual depth and broad coverage as impressive, relevant and useful, as its practical utility in a variety of professional contexts. -- Obiora C. Okafor, UN Independent Expert on Human Rights and International Solidarity This volume provides much-needed African perspectives on the business and human rights landscape. Such work should help in promoting business respect for human rights and corporate acceptability in different world regions. -- Surya Deva, Macquarie Law School, Australia This timely and innovative book provides a seminal analysis of the practical application of business and human rights norms in the African context. As African countries adopt legislation and guidelines aimed at addressing the impacts of business activities on human rights, a comprehensive analysis of such emerging laws, and by leading African scholars, has been long overdue. Covering key topics from institutions to legislation and governance, the in-depth and systematic approach of this book makes it a must-read for students, academics, practitioners, policy makers and business leaders in Africa and beyond. -- Ilias Bantekas, Hamad bin Khalifa University, Qatar

Edited by Damilola S. Olawuyi, Professor of Law and UNESCO Chair in Environmental Law and Sustainable Development, Hamad Bin Khalifa University (HBKU), Doha, Qatar, Chancellor's Fellow and Director, Institute for Oil, Gas, Energy, Environment and Sustainable Development (OGEES Institute), Afe Babalola University, Ado Ekiti, Nigeria and Independent Expert of the United Nations Working Group on Business and Human Rights and Oyeniyi Abe, Lecturer, The Law School, Huddersfield Business School, University of Huddersfield, UK and Senior Research Fellow, OGEES Institute, Afe Babalola University, Nigeria

Contents: Preface and Acknowledgements xi PART I INTRODUCTORY CONTEXT AND PRINCIPLES 1 Introduction Business, human rights, and the United Nations Guiding Principles 2 Oyeniyi Abe and Damilola Olawuyi 2 States duty to protect under international human rights principles against corporate-related human rights abuse 21 Nojeem Amodu PART II CORPORATE RESPONSIBILITY TO RESPECT HUMAN RIGHTS IN KEY SECTORS 3 Financial compensation for business-related human rights violations in the mining sector 38 Lyla Latif 4 The United Nations Guiding Principles on Business and Human Rights and Ugandas extractive sector 56 Michael Nyarko 5 Reconsidering capitalistic commerce and the UNGPs through the prism of environmental human rights 75 Herbert Kawadza 6 Corporate accountability for climate change 92 Muriuki Muriungi 7 Rethinking the role of business enterprises in the fight against inequality 107 Fola Adeleke 8 Human rights and taxation in developing countries 126 Eghosa Ekhator, Chisa Onyejekwe and Newman Richards 9 Foreign direct investment in Kenya and the rights of indigenous peoples 150 Hope Joyce Otieno 10 Human rights, business enterprises and tenure security in Cameroon 171 Semie Sema 11 Business enterprises in renewable energy projects in Africa and the human rights questions arising from the duty to protect 188 Peter Oniemola PART III ACCESS TO REMEDY FOR VICTIMS OF CORPORATE-RELATED HUMAN RIGHTS VIOLATIONS IN AFRICA 12 The missing forum for corporate human rights violations in Africa 208 Hassan M. Ahmad 13 Promoting access to justice for corporate human rights violations in Africa 228 Adaeze Okoye 14 Protect, respect and remedy 248 Florence Shako PART IV CONCLUSION 15 A regional policy framework on business and human rights in Africa 265 Romola Adeola and John Ikubaje 16 Advancing business and human rights law and practice in Africa 283 Damilola S. Olawuyi and Oyeniyi Abe Index