Holding multinational corporations in Africa's extractive industries accountable for human rights violations
Date
2018
Authors
Choga, Pamela Francisca Chengetai
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Abstract
Corporate accountability has been a contentious issue for decades. This research report therefore considers the question: what are the means through which multinational corporations (MNCs) in Africa’s extractive industries are and can be held accountable for human rights violations? This consideration is achieved by looking at oil corporations and their operations in Nigeria and Sudan as examples. Principles on corporate accountability are discussed and, to in order to determine how MNC are held accountable, this report examines legal mechanisms that exist, as well as how these have applied principles of corporate accountability. It is argued that indirect accountability through states is not always adequate and is undermined by lack of political will of host states to regulate corporate activities in national laws, especially where there is a fear of losing government revenue from oil extraction. Also, home states do not always comply with their extraterritorial obligations, with the United States (US) and The Netherlands being used in the context of this research report as exceptions. Ultimately, this is an area of law that is seeing gradual improvement with individual African states such as South Africa practising horizontal application of human rights, aimed at ensuring corporations uphold human rights in the same way states do. Initiatives have been made by the African Commission on Human and Peoples’ Rights’ Working Group on Extractive Industries towards regional framework on MNC accountability; and the establishment of the African Court of Justice and Human Rights comes with the extension of criminal jurisdiction that covers corporate entities. For the purposes of this research report, both multinational and transnational corporations will be referred to as MNCs.
Description
Submitted in partial fulfilment of the requirements for the degree of Master of Laws by Coursework and Research Report at the University of the Witwatersrand, Johannesburg.2018