Transnational Land Grabbing and the Conundrum of Human Rights Obligations of Multinational Corporations in Africa: Treating Human Rights Differently?
摘要
The stage is set for this chapter to explore and determine the human rights obligations of multinational corporations (MNCs) in the context of land grabbing in Africa. It examines the usefulness of the parallel developments of the United Nations Draft Treaty on Business and Human Rights, and the African Commission on People’s and Human Rights Resolution 550 on Business and Human Rights, to argue that it is now time to accept the paradigm shift from the conventional state-centered duty to respect, protect, and fulfill human rights to now include MNCs as role players of governance and active drivers of land grabbing in Africa. Even though these instruments do not yet have binding character, they, however, provide in the medium to long term a possible trajectory for the eventual development of a future binding treaty. Furthermore, they provide a useful mechanism and normative compass for us to start thinking about holding MNCs accountable for human rights violations, especially in the context of land grabbing which continuously impacts negatively on the fundamental human rights of vulnerable African communities under the pretence of fostering development, that do not benefit them. Whether these legal and ethical developments provide a platform for us to start rethinking about treating human rights differently in this context, is the subject of investigation of this chapter.