This chapter explores South Africa’s legal duty to realise the right to development (RTD) in the context of business and human rights. Grounded in the principles of the 1986 Declaration on the Right to Development (DRTD), the discussion emphasises the State’s responsibility under article 2 of the DRTD and article 22 of the African Charter, to formulate and implement national development policies that prioritise the well-being of the Africans through active, free, and meaningful participation. The chapter identifies challenges South Africa could face in implementing scientific and technological advancements, shedding light on the gap between current efforts and desired goals. Despite limited resources, the chapter contends that the State’s duty to realise the RTD remains paramount. It underscores the need for increased investment consistent with development objectives, especially in the face of constrained research budgets. The chapter maintains a clear focus on the nexus between business, human rights, and the State’s duty to achieve the RTD. It introduces the background, outlines the research problem, and articulates the primary objective of exploring South Africa’s duty in realising the RTD. The conclusion highlights the urgency of addressing the identified challenges, providing a foundation for potential findings and recommendations.

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Business and Human Rights in South Africa: The Duty of the State to Realise the Right to Development

  • Siyabulela Christopher Fobosi

摘要

This chapter explores South Africa’s legal duty to realise the right to development (RTD) in the context of business and human rights. Grounded in the principles of the 1986 Declaration on the Right to Development (DRTD), the discussion emphasises the State’s responsibility under article 2 of the DRTD and article 22 of the African Charter, to formulate and implement national development policies that prioritise the well-being of the Africans through active, free, and meaningful participation. The chapter identifies challenges South Africa could face in implementing scientific and technological advancements, shedding light on the gap between current efforts and desired goals. Despite limited resources, the chapter contends that the State’s duty to realise the RTD remains paramount. It underscores the need for increased investment consistent with development objectives, especially in the face of constrained research budgets. The chapter maintains a clear focus on the nexus between business, human rights, and the State’s duty to achieve the RTD. It introduces the background, outlines the research problem, and articulates the primary objective of exploring South Africa’s duty in realising the RTD. The conclusion highlights the urgency of addressing the identified challenges, providing a foundation for potential findings and recommendations.