What’s next for Business and Human Rights in Africa? An interview with Dr. Oyeniyi Abe

Dr Oyeniyi Abe’s book Implementing Business and Human Rights Norms in Africa is a vitally important publication that comes at a time of urgent international security challenges and global climate and health emergencies. As societal expectations and roles of companies in our societies evolve, so does the rise of corporate power. Safeguarding corporate respect for human and environmental rights remains one of the most significant challenges for leaders in Africa.

How long have you been involved in the business and human rights space and what drew you to this work?

Growing up in Nigeria’s extractive communities, I have been directly exposed to the effects of corporate irresponsibility, environmental degradation, injustice, and unfairness on the social fabric of the society. In one of the communities I lived, gas flaring continues unabatedly to the extent that the skies are completely darkened instead of blue skies.  Experiences of constant conflicts, remonstrations and discontent laid the foundation for my involvement in the business and human rights space. These experiences also increased my curiosity on how we can control the potential monstrosity of businesses not only at the global or continental level, but at the local level. Hence, from a relatively young age, I have been involved in Business and Human Rights (BHRs).  My desire is to create some level of awareness and understanding on how corporate respect for human rights becomes vital for building a culture of trust and integrity amongst local communities, investors, and shareholders.

Describe your book briefly and a brief summary of its contents 

Over the last several decades, the African continent has been the epicentre of complex human rights, environmental and social impacts resulting from industrial activities. For example, the adverse environmental impacts of oil and gas production in the Niger Delta area of Nigeria, the Lonmin massacre in South Africa, oil exploration and civil war in the Democratic Republic of Congo (DRC) are clear examples of the failure of state actions and policy implementation. Large-scale environmental and social problems, such as climate change, water pollution, air pollution, loss of biodiversity, trade in endangered plant and animal species, gender-based exclusions, land grabs, and forced displacements, amongst others, resulting from resource exploitation and other industrial activities accentuate the need for greater corporate accountability for environmental and human rights impacts in Africa, especially when operating transnationally. These gaps highlight the need for home grown and localized implementation approaches that consider local contexts across Africa and offer a form of ‘ubuntu’ internal systems for legal accountability and remedial redress.

With these questions and contexts in mind, the book examines, clarifies, and unpacks the nature, scope and practical implications of emerging business and human rights norms in international law. It investigates the prospects and potentials of implementing business and human rights norms, in trade, investment, extractive, energy and diverse sectorial projects in developing countries, with particular perspectives from Kenya, Nigeria and South Africa. Using the elements of rights-based approach, this book evaluates how international human rights standards currently regulate corporate conduct, as opposed to the conduct of states and individuals, and seeks to clarify the corresponding roles of states and businesses in safeguarding these rights. The books also highlights the importance and the necessity for heightened scrutiny and punitive measures for irresponsible corporate practices in Africa. In this it, examines the role of the African Union in developing an African Union Policy Framework on Business and Human Rights, and the importance of integrating business and human rights into trade agreements such as the African Continental Free Trade Area Agreement (AfCFTA). Finally, the book explores innovative legal methodologies and mechanisms needed to achieve a sustainable and rights-based approach to development projects and examines the judicial and non-judicial process of obtaining remedy. It considers that a rights-based approach to development projects provides a just and ethical path towards meeting societal expectations and that corporations ought to make a proactive contribution to solve grave communal problems associated with their activities. 

Did any special or unusual circumstances or incidents play a role in the conception and/or writing of this book?

The height of corporate irresponsibility, environmental degradation and pollution heightened my curiosity in this area. The scale of injustice, gravity of the offences and impact of corporate crimes on individuals and communities demand that a clear system of judicial recourse be established for matters of corporate criminal liability in Africa.

When I started advocacy work, I realized there are some regulatory gaps and lack of institutional capacities needed to address these existential gaps. For example, there is overwhelming lack of holistic, sustainable, and effective body of laws that must carefully address the intersections of human rights with all key sectors, ranging from natural resources, food, water, energy, education, aviation, and healthcare, amongst others. Consequently, Africa must essentially strengthen or enact strong, comprehensive, and legally enforceable business and human rights standards. While policy measures institutional guidelines are important, mainstreaming human rights standards into all aspects of governance and decision-making will require clear regulatory frameworks on business and human rights. 

What are three striking things you learnt in the course of writing the book? 

First, some corporate executives are genuinely interested in implementing socially responsible norms. They either conflate corporate social responsibility (CSR) with BHR or need clearer, structured understanding of how to comply with these normative instruments. Secondly, despite increased awareness of business and human rights globally, responsive business law and practices across Africa is lacking. This raises the need for innovative business and human rights education programmes to train and prepare administrators for evidence-based policymaking on BHRs. Integrating human rights into business as a moral imperative, local community participation, consultation, and awareness – through citizenship education – will contribute to the implementation of the human rights standards in Africa’s development projects. Third, gendered disparities within the BHR discourse are striking.

If you weren’t working on business and human rights issues, what would you be doing?

Farming/gardening.

Thank you for your time!

Dr. Oyeniyi Abe’s book is available for purchase online click here. You can follow him on Twitter @abeoyeniyi and LinkedIn.

Learn more about this topic by reading related articles from Business and Human Rights Journal, including:

Reframing Corporate Subjectivity: Systemic Inequality and the Company at the Intersection of Race, Gender and Poverty

Corporate Power over Human Rights: An Analytical Framework

How to Reduce Conflicts Between Mining Companies and Artisanal Miners in the Province of Lualaba: Overcoming the Policy and Systemic Barriers to a Model that Respects Human Rights

The Child Labour Quagmire in Ghana: Root Causes and Ephemeral Solutions

The South African Experience: Litigating Remedies

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