Positive Duties on Private Mining Companies to Fulfil Socio-Economic Rights in Africa: Developments Towards Strengthening the Legal and Conceptual Foundations
摘要
This chapter argues that important theoretical work done by key thinkers in Africa in relation to socio-economic responsibilities of non-state actors, as well as recent legal developments at the regional, sub-regional and national levels in Africa, has pushed the frontiers of thinking about corporate responsibility and socio-economic rights adjudication. These developments also strengthened the legal and conceptual foundations for positive duties on private mining companies in fulfilling socio-economic rights in Africa. The chapter highlights way in which the duties on corporate actors have been extended in Africa, including as a consequence of the kinds of functions that they have come to fulfil in African societies. These duties go beyond both the UNGPs and corporate social responsibility, to set a new frontier in corporate human rights accountability. It draws on recent developments in particular from the African regional human rights system, and considers the case study of South Africa as an example of a progressive jurisdiction in relation to holding corporations accountable. This chapter concludes that corporations in Africa are recognised as corporate citizens, which not only have rights but also have duties to contribute to the realisation of sustainable development and equality in the countries and areas where they operate, not merely on a voluntary basis or in terms of commitments that they deem important, but as part of wider development and human rights frameworks. The next step would be to develop frameworks at the regional level through which these obligations can be enforced, where states are unable or unwilling to do so.