Law Human Rights

Business and Human Rights Law and Practice in Africa

Edited by Damilola S. Olawuyi · Oyeniyi O. Abe
Edward Elgar Publishing September 2022

Specifications

ISBN-13
9781802207453
Publisher
Edward Elgar Publishing
Publication
September 2022
Format
Hardback
Jurisdiction
U.K. ? Countri(es) for reference only

Details

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.

Table of Contents

Preface and Acknowledgements xi
PART I: INTRODUCTORY CONTEXT AND PRINCIPLES
1. Introduction – Business, human rights, and the United Nations Guiding Principles
Oyeniyi Abe and Damilola Olawuyi
2. States’ duty to protect under international human rights principles against corporate-related human rights abuse
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
Lyla Latif
4. The United Nations Guiding Principles on Business and Human Rights and Uganda’s extractive sector
Michael Nyarko
5. Reconsidering capitalistic commerce and the UNGPs through the prism of environmental human rights
Herbert Kawadza
6. Corporate accountability for climate change
Muriuki Muriungi
7. Rethinking the role of business enterprises in the fight against inequality
Fola Adeleke
8. Human rights and taxation in developing countries
Eghosa Ekhator, Chisa Onyejekwe and Newman Richards
9. Foreign direct investment in Kenya and the rights of indigenous peoples
Hope Joyce Otieno
10. Human rights, business enterprises and tenure security in Cameroon
Semie Sema
11. Business enterprises in renewable energy projects in Africa and the human rights questions arising from the duty to protect
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
Hassan M. Ahmad
13. Promoting access to justice for corporate human rights violations in Africa
Adaeze Okoye
14. Protect, respect and remedy
Florence Shako
PART IV: CONCLUSION
15. A regional policy framework on business and human rights in Africa
Romola Adeola and John Ikubaje
16. Advancing business and human rights law and practice in Africa
Damilola S. Olawuyi and Oyeniyi Abe
Index
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