Session co-organized by the Working Group on Business and Human Rights, the Office of the High Commissioner for Human Rights (OHCHR), the United Nations Development Programme (UNDP) and The Friedrich-Ebert-Stiftung (FES)Description of the session:The “smart mix of measures” – national, international, voluntary and mandatory – has been central to the realization of the UN Guiding principles on Business and Human Rights (UNGPs). Already into the second decade of implementation of the UNGPs, this is an appropriate moment to reflect on what the “smart mix of measures” means for the African continent now and into the future.
Increased foreign direct and local investments in key sectors in Africa, including infrastructure development, extractive industries, agriculture, natural resource exploitation and manufacturing, highlights the need to build capacities and strengthen regulatory frameworks promoting and protecting human rights in the context of business activities in Africa.
States in the African continent are increasingly taking action to address the adverse impacts of business activities on people and the environment. Recent developments at national level, including through the adoption of national action plans on business and human rights, as well as sector-specific legislation on issues of business and human rights such as on labour rights, non-discrimination, environment, land, anti-corruption and privacy, show that action is possible in all these areas, and that government leadership from the top is a critical factor.
With the adoption of new regulation at international and regional level, such as EU regulations, particularly the Corporate Sustainability Due Diligence Directive (CSDDD), as well as national human rights due diligence requirements in countries like France and Germany, States and businesses in Africa are facing new expectations. The session will discuss the key notion of “smart mix of measures” and what its realization means concretely in and for African countries and actors. It will also consider the importance for African Governments, businesses, communities and rightsholders to understand implications and opportunities arising from such regulatory developments as drivers for strengthening business respect for human rights.
The fundamental challenge going forward is to scale up the good practices that are emerging and address remaining gaps and challenges in the continent. This will require concerted efforts by all actors and meaningful stakeholders’ engagement.
This session will offer participants a multi-stakeholder platform to explore the specific application and implementation of a “smart mix” of measures to promote and implement the UNGPs in Africa, and to further invigorate emphasis on collaborative efforts to advance business respect for human rights and to strengthen access to effective remedy when harm happens.
Session objectives:
- Identify positive practice, gaps and challenges in existing laws, policies and current business and government practice;
- Develop practical pathways for how the UNGPs as a policy and normative framework can be better leveraged to bring States, businesses, and civil society together and generate sustainable and inclusive solutions to address business-related human rights challenges in Africa;
- Highlight emerging good practices; and how key stakeholders — States, businesses, NHRIs, civil society organizations, trade unions and the investment community— can contribute to the scaling-up effective human rights due diligence processes, including through a rights-holder’s centred approach and meaningful, inclusive, and effective multi-stakeholder engagement;
- Discuss the anticipated implications of international, regional and national regulatory developments and what it is needed from States and businesses in the region to ensure that legal developments in other regions result in positive outcomes for stakeholders in Africa;
- Identify measures to strengthen policy coherence when setting and developing policy and regulation.
