INSIGHT •
REFLECTING ON 2023 – TRENDS AND INSIGHTS IN BHR ACROSS AFRICA
Business and Human Rights ( BHR ) is on the rise in Africa , prompting companies to navigate an increasingly complex landscape . Webber Wentzel experts , Pooja Dela and Paula-Ann Novotny take a retrospective look at the practical experiences gained over the past year and the emerging trends shaping the landscape of BHR across the African continent .
Diverse Practical Experiences At the start of 2023 , Webber Wentzel carried out extensive human rights due diligence on behalf of a mining company in the Democratic Republic of the Congo ( DRC ), as guided by the recommendations of the United Nations Guiding Principles of Business and Human Rights ( UNGPs ) and provided the framework and implementation plan for conducting ongoing human rights due diligence at its operations . Webber Wentzel further guided clients in the mining and infrastructure sectors with a review of their key policies from a human rights perspective ( such as grievance mechanisms , security management procedures and stakeholder engagement plans ); and advised a multinational telecommunications company with a global presence on the adequacy and effectiveness of its BHR governance framework . The firm also produced a dedicated legal opinion for a refiner on evolving duties of care in the BHR landscape and how risks of human rights violations can be attributable to different business relationships .
As the team navigated through various instructions , one prominent theme emerged – the multifaceted approach clients are adopting to examine human rights in business practices , and the need to adjust and align corporate practices to BHR methodology . This involves adapting traditional corporate risk and impact assessment frameworks to adopt a lens of ' risk to people ' as opposed to ' risk to business ', benchmarking potential adverse impacts against the likely severity of their consequences , instead of the probability of their outcome .
A noticeable shift has occurred in how global stakeholders perceive corporate duties of care , especially concerning human rights and the UNGP construct of ' influence ' or ' leverage ' within the corporate value chain . International financiers , for example , are imposing contractual undertakings for ongoing human rights due diligence , particularly in high-risk African jurisdictions ; and UN rapporteurs are reporting on the devastating impacts of intersecting human rights violations across socio-economic , environmental and governmental lines . This signifies a recognition that respecting human rights is not just a moral obligation , but a crucial element for sustainable and responsible business practices .
Positive developments are unfolding as African countries incorporate the UNGPs into their legislative frameworks .
Images supplied by Webber Wentzel
Paula-Ann Novotny , Webber Wentzel expert .
Pooja Dela , Webber Wentzel expert .
Kenya stands out , leading with the development of a national action plan to integrate the UNGPs into its domestic legislative framework . Other nations such as Uganda , Ghana , Mozambique , Nigeria and Senegal are either developing or conducting national baseline assessments , setting the stage for increased policy and regulatory focus .
On the global stage , litigation proceedings in the UK related to the certification of responsibly sourced minerals ( see the London Bullion Market Association case – https :// www . leighday . co . uk / news / news / 2023-news / legal-action-served-against-lbmafollowing-alleged-human-rights-abuses-at-tanzanian-gold-mine /) have highlighted the need for companies to address human rights risks throughout their value chains . The tech industry , particularly in the telecommunications space , is grappling with increasingly complex challenges concerning privacy rights , disinformation and the intersection of human rights with rapidly advancing technology . Climate change and its links to human rights are
Respecting human rights is not just a moral obligation , but a crucial element for sustainable and responsible business practices . www . africanmining . co . za African Mining Publication African Mining African Mining • March 2024 • 37