The African Human Rights System’s Response to Corporate Conduct that Harms People and the Environment

Abstract

Corporations possess the economic power and resources to contribute positively to the realisation of human rights. However, they have been linked to human rights abuses, frequently affecting the environment and people residing in close proximity to their operations. This state of affairs challenges the traditional state-centric nature of international human rights law that recognises that the state is the sole actor bound by human rights obligations. While the African human rights system does not overhaul international human rights law by expressly holding corporations accountable for human rights violations, it does recognise their complicity. This article explores the African Commission’s integral role in holding states accountable for protecting individuals within their jurisdiction from corporate interference with their right to a healthy environment. Drawing insights from the Social and Economic Rights Action Centre and the Centre for Economic and Social Rights v Nigeria (SERAC), the article reveals the African Commission’s guidance to states on measures to safeguard the right to a healthy environment. Also, the Commission’s proactive stance in offering soft law guidance applicable to corporations is commended as it encourages a culture of accountability. While the African human rights system has made positive strides, the state remains the primary enforcer of corporate accountability, and there is still a great need for multifaceted efforts to foster accountability among corporations operating on the continent.