Towards an African Treaty on Business and Human Rights: Advancing Regional Solidarity and Legal Norms for Corporate Accountability

Background 

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In 2023, the African Commission on Human and Peoples’ Rights adopted Resolution ACHPR/Res.550, mandating the development of a regional instrument on business and human rights. This historic decision reflects the urgent need for a treaty framework that speaks to the lived realities of African communities and draws from African legal norms and values.

While international efforts, such as the UN Guiding Principles on Business and Human Rights and the ongoing process toward a legally binding instrument at the United Nations, have advanced the global conversation, they have also revealed significant gaps and challenges. The UN treaty negotiations have highlighted the political complexities of reaching global consensus, the tension between voluntary and binding approaches, and the need to centre affected communities more meaningfully in both process and substance.

An African treaty provides an opportunity to learn from the UN process while addressing context-specific concerns, including the legal fragmentation across the continent, limited access to remedy, and historical patterns of resource exploitation. It is also an opportunity to align existing frameworks such as the AfCFTA and African Regional Blue Economy Strategy, and embed values such as ubuntu, self-determination, economic and social development, control over natural resources, a healthy environment, and collective rights.

This panel discussion will create space to critically reflect on the path forward and identify strategic priorities for regional solidarity and effective treaty development.

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Key Objectives

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• To raise awareness about the African Commission’s resolution on developing a regional treaty on business and human rights;

• To foster critical dialogue on key articles and content areas that should be included in the treaty, informed by African jurisprudence, African legal norms and values, and community realities;

• To share lessons learned from the UN treaty process and identify ways to improve inclusivity, accountability, access to remedy, and enforceability in the African treaty development;

• To identify capacity-building needs for states, communities, regional economic communities/bodies, and institutions in the regional treaty-making process;

• To elevate community and grassroots perspectives, particularly in contexts affected by extractivism and corporate exploitation; and

• To encourage cross-continental solidarity among African states, institutions, and civil society in resisting corporate impunity and advancing a regional accountability framework.

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Discussion Themes

 

The African Commission’s Mandate and Vision: Understanding Resolution 550 and the role of the ACHPR in shaping the treaty process;

Lessons from the UN Treaty Process:

• Navigating global power asymmetries in treaty negotiations;

• The importance of state leadership from the Global South;

• Ensuring that community and civil society voices drive the agenda; and

• Addressing access to remedy, enforcement, extraterritoriality, and corporate capture in treaty design.

African Legal Norms and Philosophies: Ubuntu, self-determination, economic and social development, control over natural resources, a healthy environment, and collective rights.

Community Voices and Case Studies: Lessons from affected communities across the continent, including from mining, agriculture, textile, and infrastructure sectors.

Key Treaty Articles and Enforcement Mechanisms: Proposed content, including access to remedy,legal liability, corporate due diligence, and extra-territorial obligations.

Pan-African Solidarity for Corporate Accountability: The role of regional bodies, national human rights institutions, civil society coalitions, and state actors in ensuring a unified African position.

Harmonisation with National and Regional Legal Frameworks: Exploring how the African treaty could align with domestic laws, Regional Economic Communities’ instruments, and continental frameworks like the AfCFTA, African Mining Vision, and African Charter on Human and Peoples’ Rights.

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Expected Outcomes

• Increased awareness and engagement with the African treaty process among regional actors;

• Strategic reflection on lessons from the UN treaty process, with guidance for avoiding its shortcomings in the African context;

• Identification of key African principles, legal concepts, and substantive provisions for inclusion in the treaty;

• Strengthened solidarity across civil society, affected communities, and state actors in pushing back against corporate impunity;

• A stakeholder engagement framework outlining how states, RECs, civil society, and affected communities will be involved throughout negotiations and implementation and

• A shared roadmap for future collaboration, advocacy, and treaty development.