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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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Substantive Responsiveness of NAP BHR Content to Labour Rights Deficits and Challenges Even though we could not independently assess how many labour groups played a role in the development of the NAP BHR, we recognise that a lot of labour issues were dis­cussed in the NAP BHR. In fact, labour was one of the six thematic areas that the NAP BHR focused on. The NAP BHR consultations identified the following con­cerns relative to labour: the casualisation of employment; the exploitation and abuse of labourers, especially in the retail and small business sectors; the dubious contracting of women to foreign countries under the pretext of going to acquire legal domestic work, but in effect ending up in conditions of enslave­ment; businesses not adhering to affirmative action provisions restricting certain retail businesses to Liberian owner­ship; a lack of a realistic, implementable BHR reporting mechanism for concession companies to report on their BHR situation; wage discrimination based on special interest; employment discrimination against persons with disabil­ities; rampant piracy and persistent infringements of copy­rights; delays in adjudicating matters before the courts(includ­ing the Labour Court); weak commitments to resolve recurring business vs. community disputes; persistent sexual exploitation and abuse(SEA) cases against females/males seeking employment, and SEA pressure on female workers vying for promotion; inadequate enforcement of the judgement of the court for successful litigants; unsafe working conditions; contradictions in the provisions of the Decent Work Act and the CSA Standing Order; and an increased number of children under 18 engaged in hazardous work. 52 The NAP BHR proposes a number of interventions to deal with the labour issues, some of which include: Support for the inclusion of human rights policies in all contracts. Memoranda of understanding and other busi­ness-related policy documents shall include a clause outlining the parties human rights obligations, including possible sanctions for violations. Concerning employment, the NWGBHR, when estab­lished, shall develop guidance notes for companies to manage their employment processes in compliance with human rights standards to ensure nondiscrimination and prevent child and forced labour. The NAP BHR also notes that the Ministry of Labour shall take steps to curb the incidence of casualisation in labour, as well as hazardous, unsafe, and discriminatory workplace practices. Accordingly, it shall strengthen its monitoring and implementation processes to give effect to applicable laws. Where any law is not in compliance with human rights standards, that law shall be reviewed. Public educa­tion shall be provided to empower members of the public to demand a letter of contract/engagement from employ­ers, irrespective of the nature or duration of their work en­gagement. The government at all levels shall develop policies that ad­vance BHR education. This may include introducing BHR courses in tertiary institutions and offering scholarships, fellowships, and research grants to advance knowledge in the field of BHR. There shall be public media campaigns and writing competitions among the youth population on BHR. Further, the NAP BHR states that business enterprises will be required to produce a clear, simple, and understandable human rights policy within their value chain that reflects their commitment to promoting human rights in their oper­ations. This policy shall guide all operations of the busi­ness and shall be conspicuously displayed on the website, at the gate, or in the reception area of the company, in­cluding a braille version for those with visual impairments. The rights of staff shall be made clear as they relate to re­spect for human rights. Staff shall also be trained in vari­ous aspects of human rights, especially as they pertain to company operations. It is expected that the policy shall al­locate roles and responsibilities and specify the depart­ments within the company responsible for human rights is­sues. This shall apply to all companies irrespective of size, scope of operations, or type of business. 52 See page 18 of The Republic of Liberia.(2025). Labour and Africas National Action Plans on Business and Human Rights 27