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A comparative study of National Action Plans on Business and Human Rights in Africa : labor rights perspectives
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Introduction In 2011, the United Nations Human Rights Council en ­dorsed the United Nations Guiding Principles on Business and Human Rights(UNGPs), a set of guidelines for states and companies to prevent, address, and remedy the human rights abuses committed in business operations in their countries. 1 The guidelines recommend that countries adopt National Action Plans on Business and Human Rights (NAPs BHR) to implement the principles promoted by the UNGPs. The UNGPs provide a comprehensive framework for the protection of the rights of workers. The framework aligns with the Sustainable Development Goals(SDGs) in its pro­motion of decent work(SDG 8), reduced inequalities(SDG 10), responsible consumption(SDG 12), and peacebuilding (SDG 16). 2 At the 46th Ordinary Session held in Banjul, The Gambia, from 11–25 November 2009, the African Union showed its commitment to upholding the UNGPs through Resolution ACHPR/Res.148(XLVI) 09, which established the Working Group on Extractive Industries, Environment and Human Rights Violations. The working group has the responsibility to promote and protect BHR 3 . African governments, national human rights institutions (NHRIs), civil society actors, and businesses have, in recent times, increased their focus on promoting BHR. In recent times, five African countries(Ghana, Kenya, Nigeria, Nige­ria, and Uganda) have adopted an NAP BHR or started im­plementing their own plans. Four African countries Ethio­pia, Tanzania, Tunisia, and Zambiaare currently in the lat­ter stages of developing NAPs BHR. 4 In this study, we review the five countries in Africa that have adopted NAPs BHR(i.e. Ghana, Kenya, Liberia, Nige­ria, and Uganda) to examine the extent to which the BHR policy frameworks they adopt are sufficiently responsive to labour rights. 5 Ultimately, it is hoped that the study will serve as a guide for countries in the process ofor are con­sideringdeveloping a NAP BHR. 6 Methodology The methodology of this study evaluates how considera­tions for labour rights in general and female workers rights in particular have been integrated into NAPs BHR across five African countries: Ghana, Kenya, Liberia, Nigeria, and Uganda. 7 The assessment examines three interconnected dimensions: the NAP BHR development process, NAP BHR content responsiveness, and NAP BHR implementation structures. 8 Each dimension addresses critical questions about stakeholder participation, substantive policy integra­tion, and accountability mechanisms. Key interviews were conducted across the countries of study; a total of 12 inter ­viewees 9 from NHRIs, trade unions, and labour-inclined civ­il societies provided input to the study. The Three-Dimensional Assessment Framework Dimension One: The NAP BHR Development Process This dimension examines who participated in NAP BHR development and how meaningfully they engaged. The analysis assesses whether labour stakeholdersincluding trade unions, workers organisations, informal sector repre­sentatives, and labour rights civil societyparticipated sub­stantively in baseline assessments, priority setting, and content drafting or whether engagement was merely sym­bolic. 10 Similarly, it evaluates whether women workers and actors in the labour spacesuch as womens rights organi­sations and gender expertswere meaningfully involved from the beginning. The assessment considers both 1 UN guiding principles.(n.d.). Business and Human Rights Centre. https://www.business-humanrights.org/en/big-issues/governing-business-human-rights/un-guiding-princi­ples/ 2 Buhmann, K., Jonsson, J.,& Fisker, M.(2019). Do no harm and do more good too: Connecting the SDGs with business and human rights and political CSR theory. Corporate Governance: The International Journal of Business in Society, 19(3), 389–403. https://doi.org/10.1108/cg-01-2018-0030 3 Abe, O.(2022). The state of business and human rights in Africa. The Friedrich-Ebert-Stiftung African Union Cooperation Office. https://library.fes.de/pdf-files/bueros/fes­ua/19589-20221107.pdf 4 Country.(n.d.). National Action Plans on Business and Human Rights. https://globalnaps.org/country/‌ 5 Buhmann, K., Roseberry, L.,& Morsing, M.(2020). Determinants of national action plans on business and human rights: An exploratory analysis. Business& Human Rights Journal, 5(2), 294–317. 6 Bonnitcha, J.,& McCorquodale, R.(2017). The concept ofdue diligence in the UN Guiding Principles on Business and Human Rights. European Journal of International Law, 28(3), 899–919. 7 Doing business with respect for human rights: A guidance tool for companies(2nd edition).(2016). Shift, Global Compact Network Netherlands,& Oxfam. 8 Mares, R.(Ed.).(2012). The UN guiding principles on business and human rights: Foundations and implementation. Martinus Nijhoff Publishers. 9 These interviewees included representatives from the Uganda Building Construction Civil Engineering Cement and Allied Workers Union, the Uganda Consortium on Corpo­rate Accountability, Industrial Global Union, Women& Youth Representative(Uganda), the Nigeria Trade Union, the Uganda Human Rights Commission, the Commission on Human Rights and Administrative Justice, the Liberia Ministry of Justice, the Danish Institute for Human Rights, the Kenyan Office of the Attorney General, the Department of Justice[of which country?], the Uganda Ministry of Gender, Labour, and Social Development, Resource Rights Africa, the Kenya National Commission on Human Rights, and the Ghana Trades Union Congress. 10 Baumann-Pauly, D.,& Nolan, J.(Eds.).(2016). Business and human rights: From principles to practice. Routledge. Labour and Africas National Action Plans on Business and Human Rights 11