The Way Forward: Some Final Thoughts, Suggestions, and Recommendations The current cohort of African NAPs BHR represents, in many ways, a good start as far as the protection of labour rights and the rights of vulnerable groups are concerned. This is, however, just a start. It is important that African Union guidelines for the development of NAPs BHR take into account the strengths and weaknesses of existing NAPs BHR in relation to labour and gender issues. 57 There is, for example, engagement with trade unions in most countries, as well as direct or indirect reference to ILO standards in the Ghanaian, Kenyan, Liberian, and Ugandan NAPs BHR. Nigeria raises the right labour concerns but could improve the alignment between those concerns and the ILO conventions the cis currently a party to. Based on the above reviews and from the earlier labour and gender analysis, we recommend the following. Coordination of NAP Peer Learning by Labour Organisations A number of African countries are in the process of developing NAPs BHR. The lessons learnt by the five pioneering NAPs BHR are useful ones that can and should be shared by the implementing countries. Labour organisations can play a key role in coordinating and facilitating these peer learning processes. Ghana and Liberia can provide guidance for the Economic Community of West African States. Kenya and Uganda can play a similar role for East Africa and the Southern African Development Community. 58 They are already connected transnationally, and they have a vested interest in ensuring that the NAP BHR developed by their respective governments are effective and impactful. It is also recommended that efforts be taken to develop the cross-country peer monitoring of NAP BHR implementation processes. This can be an independent process or incorporated into the existing African Peer Review Mechanism. 59 Improved Compliance with International Labour Standards and Conventions One of the primary recommendations is to ensure that NAPs BHR are grounded in international labour standards and conventions, particularly those of the ILO. This includes the ILO Declaration on Fundamental Principles and Rights at Work, which covers freedom of association and the effective recognition of the right to collective bargaining, the elimination of all forms of forced or compulsory labour, the effective abolition of child labour, and the elimination of discrimination with respect to employment and occupation 60 NAPs BHR should explicitly reference and commit to the ratification and effective implementation of these core conventions. Furthermore, there is a need to integrate a gender perspective into labour rights provisions, recognising that women often face unique vulnerabilities and discrimination in the workplace. 61 This involves addressing issues such as equal pay for work of equal value, protection against gender-based violence and harassment, and access to decent work opportunities. Strengthening Legal and Regulatory Frameworks Strengthening legal and regulatory frameworks at the national level is paramount to giving effect to labour rights commitments in NAPs BHR. 62 This includes reviewing and amending existing labour laws to align them with international standards, ensuring adequate enforcement mechanisms, and providing for effective sanctions for violations. Promoting responsible business conduct through incentives and disincentives can also encourage companies to uphold labour rights. This could involve linking access to public procurement contracts or investment opportunities to adherence to labour standards. 63 Furthermore, cross-border cooperation and the regional harmonisation of labour standards within Africa can help address the challenges 57 Deva, S.,& Bilchitz, D.(Eds.).(2013) 58 Bonnitcha, J.,& McCorquodale, R.(2017) 59 Nieuwenkamp, R.(2016) 60 ILO declaration on fundamental principles and rights at work.(1998). International Labour Organization; Vogt, J. S.(2019). The evolution of labour rights and trade: A transatlantic comparison and lessons for the transatlantic trade and investment partnership. Journal of International Economic Law, 22(3), 577–595. 61 Anner, M.(2012) 62 Ruggie, J. G.(2013). Just business: Multinational corporations and human rights. W. W. Norton& Company. 63 Martin-Ortega, O.(2014). Public procurement as a tool for the protection and promotion of human rights: A study of collabouration, due diligence and leverage in the electronics industry. Business and Human Rights Journal, 1(2), 275–295. Labour and Africa’s National Action Plans on Business and Human Rights 33
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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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