Promoting access to justice for corporate human rights violations in Africa: The role of African regional and sub-regional courts

Abstract

Access to justice for victims of business-related human rights abuses has procedural and substantive implications, both at the domestic and international level. The United Nations (UN) Sustainable Development Goal 16 requires access to justice for all and building effective accountable institutions at all levels. The UN Guiding Principles on Business and Human Rights places responsibility on the states to take appropriate steps to enable access to effective mechanisms of remedy against corporate actors within their territory. Despite these provisions, some difficulties remain, especially with large transnational corporations, which extends to the prevention of direct litigation in international courts. Although, some cases have been litigated extraterritorially, usually in 'home states' this pathway stands in contradiction to international protection of the investor company in international investment law. Several procedural challenges, such as processes for collective actions, high financial costs, provision of legal aid and expert evidence often prevent the realisation of justice for victims of human rights violations at the domestic level, especially African 'host states'. This chapter examines the responsiveness of the African regional and sub-regional courts in addressing these challenges. It considers these forums as pragmatic 'third world' approach to the question of access to remedies for victims of corporate related human rights violations.