The African Commission on Human and Peoples’ Rights (African Commission) has published an advisory note to the African Group in Geneva on the proposed legal instrument to regulate the activities of transnational corporations and other business enterprises.
As explained by the African Commission, the advisory note has been developed to assist stakeholders to navigate their way through the technical and human rights considerations in the present ongoing process in the United Nations for a binding instrument on business and human rights. In doing so, the African Commission draws on its mandate to examine the impact of extractive industries in Africa within the context of the African Charter on Human and Peoples’ Rights and to undertake research on the violations of rights by non-state actors and their potential liability for such violations.
The advisory note deals with the following general principles:
- Indivisibility and interdependence of rights.
- Non-discrimination and equality.
- Sovereignty and ownership.
- Transparency and accountability.
- Consultation and participation.
- Protection of vulnerable groups.
- Sustainable development.
Additionally, the advisory note deals with the scope of business enterprises to be covered; the direct obligations on business enterprises; the applicable law and jurisdiction; oversight mechanisms; and a complementary national-level inspection framework.
The advisory note is accessible here.
Please note: The information contained in this note is for general guidance on matters of interest, and does not constitute legal advice. For any enquiries, please contact us at [email protected].