UN Guiding Principles on Business and Human Rights

Book Review Symposium: What future for the corporate responsibility to respect human rights in Africa?

The discourse on corporate accountability for human rights violations has been shaped to a great extent by the United Nations Guiding Principles on Business and Human Rights (UNGPs) (UNGPs), resulting from the work of John Ruggie, the UN Secretary-General’s Special Representative for Business and Human Rights. The UNGPs were endorsed by the UN Human Rights Council in June 2011 and rest on three pillars: the State duty to protect against human rights violations; the corporate responsibility to respect human rights in their operations; and greater access by victims to effective remedy, both judicial and non-judicial, for human rights violations. While the focus on the second pillar i.e. the corporate responsibility to respect human rights is increasingly scrutinized, it has mostly been done in Western academic contexts. A long overdue African perspective on what this second pillar means and entails, is starting to take shape given that the African continent continues to be the breeding ground for many human rights atrocities attributed to corporations. In this respect, Abe’s book is a meaningful welcome contribution from the legal perspective on these issues.

Book Review Symposium: BHRs and CSR: Connecting the Dots

This remarkable book on business and human rights norms in Africa, is written in three parts. Part one, examines the key contexts and principles which underpin the nature and scope of business and human rights in Africa, and the relevant corporate governance theories and regulations. Part two, proposes human rights-based approach (es) to business and human rights in Africa and examines the human rights corporate duty to respect, the integration of such a rights-based approach in development and the question of access for effective remedies. Finally, part three, examines the implementation of the protect, respect, and remedy framework in Africa’s energy and extractive sectors, with particular focus given to three focal jurisdictions in Africa: Nigeria, South Africa, and Kenya.

Book Review Symposium: Advancing Business and Human Rights Scholarship in Africa

Dr Oyeniyi Abe’s book, Implementing Business and Human Rights Norms in Africa: Law and Policy Interventions is the foremost and authoritative text on the contentious question of the critical connections between business and human rights, and the implementation of socially responsible norms in Africa. The lucidity of the book derives significance from the clear and logical articulation of the various pathways developing countries can leverage huge abundance of natural and human resources for sustainable development. Abe’s book, therefore, serves as a critical expose of legal, institutional, and policy discourses established by states, and corporate entities to safeguard implementation of socially responsible norms. Abe’s systematic exploration of the global challenges confronting companies and how they are responding to those challenges provides a clear roadmap towards achieving the full implementation of the UN Guiding Principles of Business and Human Rights (UNGPs) in Africa

Book Symposium Introduction: Implementing Business and Human Rights Norms in Africa: Law and Policy Intervention.

Businesses operate in a globally complex, yet uncertain environment with increasing risks in numerous domains. While it is important and necessary for businesses to be able to continue to operate in these challenging times, it is essential that companies understand human rights risks of their conducts, measures to prevent, address and mitigate such risks, as well as rules and regulations to manage corporate obligations to respect human rights risks in a consistent manner. Furthermore, as the world faces tremendous challenges, including intra and inter-state conflicts, living crisis, environmental disasters, climate change, and the debate on energy justice and transition, this book argues that African states must promote investment opportunities and safeguard trade regimes that do not create the space for corporate induced human rights violations. It considers that development approach must be anchored on indices that deliver economic growth, is environmentally sustainable and socially inclusive.

Corporate Personality under International Law and Justice Gaps: Could Delocalisation Prompt a Potential Role Within African Regional Courts Frameworks?

There is the potential to create regional or sub-regional frameworks, which through agreements can handle claims against companies within their territories. This may strengthen local regional capacity, alleviate the allegations of complicity of the state and exemplify the cooperative spirit embodied in more recent collaborative African action. It would demonstrate an attempt at African solutions which are not dependent on home states. Nevertheless, it may not be enough to counter the lack of legally binding responsibility grounded in international law, as it would not be able to bring parent companies, who reside outside the African jurisdiction, within its scope.

Rethinking Corporate Accountability

Despite the increasing popularity of MSIs, it is clear that self-regulation through this governance model is not the answer to driving corporate accountability for matters of public concern such as human rights protection. In a report released in July 2020 by MSI Integrity, a non-profit originally dedicated to understanding the human rights impact and value of MSIs, it was found that MSIs are not effective tools for holding corporations accountable for abuses, protecting rights holders against human rights violations, or providing survivors and victims’ with access to remedy. The report showed that we need to rethink the role of MSIs and the presence of an MSI in an industry should not be a substitute for public regulation.

Symposium Introduction - Global Value Chains, Trade and Development

This online symposium is the outcome of a workshop on ‘GVCs, Trade and Development’ hosted by the Kent Law School and IEL collective in July 2020 and supported by the British Academy (Grant no. MD19\190020). The workshop engaged with the policy research literature produced by the World Trade Organisation and World Bank since 2013, in particular their Global Value Chain Development (GVCD) reports of 2017 and 2019.

Prudent Debt Management and Lessons from the Mozambique Constitutional Council

August 5, 2020

About eight years ago, the government of Mozambique formed two companies, Proindicus and the Mozambique Asset Management. These two companies entered into loan agreements, valued at approximately $2.2 billion, with creditors including Credit Suisse and VBT Bank. Even though these debts were obligations of the state, some of these debts were hidden from the Mozambique parliament and public. Their existence was exposed in 2016 and precipitated a debt crisis in the country.

Introduction: Sovereign Debt Under Domestic and Foreign Law: Lessons from the Mozambique Constitutional Council Decision of May 8, 2020

On May 8, 2020, the Mozambique Constitutional Council decided that non-concessional loans totaling 622 million USD borrowed from two London-based banks – Credit Suisse and Russian VTB - was illegal, null and void. The Mozambican borrowers were three State Owned Enterprises that at the time did not been formally constituted. The basis of the Constitutional Council’s decision was that this loan was obtained without approval of Parliament. Further, the Council held that amount was in excess of the borrowing limit permissible under the Constitution and laws of Mozambique.