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Business and Human Rights Law and Practice in Africa

9781802207453 Edward Elgar Publishing
Edited by Damilola S. Olawuyi, SAN, FCIArb, Professor of Law, Hamad Bin Khalifa University (HBKU) College of Law, Doha, Qatar, and Chancellor's Fellow and Director, Institute for Oil, Gas, Energy, Environment and Sustainable Development (OGEES Institute), Afe Babalola University, Ado Ekiti, Nigeria and Oyeniyi Abe, Lecturer, The Law School, Huddersfield Business School, University of Huddersfield, UK and Senior Research Fellow, OGEES Institute, Afe Babalola University, Nigeria
Publication Date: September 2022 ISBN: 978 1 80220 745 3 Extent: c 336 pp
This important book provides a comprehensive analysis of good-fit and home-grown approaches for advancing business and human rights norms across Africa. It explores the latest developments in law, regulations, policies, and governance structures across the continent, focusing on key legal innovations in response to human rights impacts of business operations and activities.

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This important book provides a comprehensive analysis of good-fit and home-grown approaches for advancing business and human rights norms across Africa. It explores the latest developments in law, regulations, policies, and governance structures across the continent, focusing on key legal innovations in response to human rights impacts of business operations and activities.

Featuring contributions from expert scholars and practitioners, the book provides a complete survey of the multifarious regulatory and institutional gaps that limit the coherent development and application of business and human rights law and practice at national and regional levels in Africa. Chapters discuss practical barriers to effective implementation, how such barriers could be addressed through innovative approaches, and the local contexts for the implementation of the United Nations Guiding Principles on Business and Human Rights in Africa. Thematic sections offer conceptual and theoretical reflections on how African countries can effectively mainstream human rights standards and considerations into all aspects of development planning and decision-making.

Business and Human Rights Law and Practice in Africa will be a key resource for academics, practitioners, policy makers and students in the fields of governance, human rights, corporate law and public international law, who are interested in responsible and rights-based business practices in Africa. The guidance and rules provided for integrating human rights into project design and implementation will also be useful for corporate bodies and financial institutions.
Critical Acclaim
‘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 book’s 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 book’s 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

Contributors
Contributors include: Oyeniyi Abe, Fola Adeleke, Romola Adeola, Hassan M. Ahmad, Nojeem Amodu, Eghosa Ekhator, John Ikubaje, Herbert Kawadza, Lyla Latif, Muruiki Murungi, Michael Nyarko, Adaeze Okoye, Damilola S. Olawuyi, Peter Oniemola, Chisa Onyejekwe, Hope Joyce Otieno, Newman Richards, Semie Sama, Florence Shako

Contents
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 Uganda’s 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

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