Multi-National Corporations in Human Rights Protection and the Role of the African Union

Abstract

Transnational Corporations (TNCs) have often resisted initiatives to attribute human rights obligations to upon them especially in Africa. Some scholars argue that rights and duties relating to human rights may only be attributable to states and individuals. States derive responsibility from international instruments that they are party to, international customary law and municipal law. Individuals on the other hand derive rights, responsibilities and duties from municipal and international criminal law. Under municipal law, individuals are faced with legal sanctions if they violate human rights. Under international criminal law, crimes such as genocide, crimes against humanity and torture may be leveled against individuals. However, no substantive international legal regime exists to pronounce duties and responsibilities for TNCs. Notwithstanding the status of the law, TNCs’ operations affect the protection, realization and enhancement of human rights. Initiatives by the International Labour Organisation, the Organisation for Cooperation and Development and Global Compact have leaned towards ensuring that TNCs do not violate human rights including environmental protection, labour rights, non-discrimination, fair trade practices and anti-corruption initiatives. This may be termed as the ‘negative approach’ that seeks to avert human rights violations. These initiatives contribute to the soft law regime for TNCs, persuading them to formulate operations in line with international human rights principles. Additionally, TNCs have in many instances been under judicial scrutiny for human rights violations while states bear the responsibility for allowing human rights violations within their jurisdiction. Hence, prima facie, TNCs are not human rights obligation exempt. It is from this argument that the paper makes an inquiry into TNCs’ role in the enhancement of human rights in Africa.This paper critically analyses the role the African Union can play in the regulation of TNCs in relation to human rights protection and promotion in Africa.