Business and Human Rights Law and Practice in Africa

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 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

Index