Untying the Gordian Knot: Re-Assessing the Impact of Business and Human Rights Principles on Extractive Resource Governance in Sub-Saharan Africa

Abstract

Extractive resource governance has been a challenging task for countries in the Global South. Whereas products of these resources have enhanced the economic development of advanced countries, it has only exacerbated conflicts, fueled ethnic clashes, and further impoverished the citizens in the Global South. The UN Guiding Principles on Business and Human Rights sought to address these human rights concerns. The Guiding Principles laid the foundation for States duty to protect human rights, businesses’ responsibility to respect human rights and access to remedies for victims of human rights violations. This article argues that while African leaders have consistently found themselves as mendicants at the mercy of the Global North community in solving their problems, they should look inwards by implementing laws and policies aimed at addressing Africa’s weak extractive resource governance. The article considers various approaches in ensuring that local communities actively participate in resource management. It will further describe the human rights questions and challenges facing current international business and human rights regimes and thereafter show how these approaches could create an avenue for seeking a heterodox solution that takes into consideration the cross cutting synergies among business, human rights, and effective implementation of policy measures aimed at positive extractive resource governance.