Business and Human Rights Africa Foundation is a nonprofit organization registered in Kenya and ooperating in various countries to promote, advocate and support the business and human rights agenda in Africa. The Mission of BHR Africa Foundation is to mobilize resources and support organizations in capacity building, peer to peer learning, policy advocacy, legislative reforms, strategic litigation and community engagement towards ensuring human rights based apporach and people centered development that uphold responsible business practices. Our aim is to ensure that businesses, investors and regulators embed respect for human rights in accordance with the United Guiding Principles on Business and Human Rights (UNGPs) and the African Union Agenda 2063 (The Africa We Want) which affirm that development should be people driven, inclusive and sustainable, optimizes use of Africa’s resources for the benefit of all Africans and adhare to dictates of good governance democracy justice human rights and rule of law.
As Africa inceasingly take its place in advancing its business and human rights agenda in his Decade of Action on UNGPs, we seek to bring together different stakeholders in the business and human rights arena to share experiences, challenges and opportunities in holding governments and businesses accountable to put the human rights of people, communities and the environment at the forefront of investment due diligence and institutional strategies and operations. This is particularly important with increasing foreign investment and major projects in infrastructure, energy, financial services and technology sectors in Africa. In absence of deliberate and concerted efforts to put people first in the development agenda, many well intended investments in Africa will result in adverse impact on the human rights and dignity of people, communities and environment. This has the potetial of making businesses a threat to rule of law and human rights in Africa. While the primary obligation to ensure protection of human rights lies with the state, businesses cannot turn a blind eye and barely comply with minimum regulatory framework- sometimes in weakly regulated investment environments. That is why the UNGPs although not legally binding provide businesses a framework on important considerations to include in their strategies and operations to ensure they do no sacrifice human dignity human rights and community wellbeing as they pursue profits.
Leveraging on the global movement towards sustainable development, ESG compliance and growing interest by different stakeholders on their role in supporting the business and human rights agenda, we seek to facilitate dialogues by bringing together various stakeholders to discuss their role and oportunities for collaboration in advancing responsible business in Africa.
These conversations align with the unanimous voice coming from different stakeholders during the 11th UN Forum on Business and Human Rights (November 2022) highlighting the need to put rights holders at the center of the Business and Human Rights discourse. For this to happen, it is important for business and human rights discussions to adopt not only a human rights based approach but also community participation and community interest focused engagement based on mutual respect for the dignity of people, free prior informed consent, human rights due diligence and impact assessment, deliberate efforts towards strengthening rule of law, legislative reforms to create enforceable obligations on responsible business practices, regional mechanisms and jurisprudence towards mandatory human rights and environmental due diligence as a precondition for licensing and investments approval, working with justice sector actors to ensure reforms and effective judicial and non-judicial mechanisms, mobilizing pro bono legal support for people and communities to ventilate their business related human rights concerns and access effective avenues for remedies.
The forum will also host various discussions, short courses and interactive sessions towards increasing awareness on the UN Guiding Principles on Business and Human Rights amongst various stakeholders. UNGPs are a useful framework and benchmark that stakeholders can leverage on towards ensuring states uphold their duty to protect against business related advance human rights impact and the corporate uphold their responsibility towards ensuring their operations do not threaten or cause violations or adverse impact on internationally recognized human rights as set out in the International Bill of Human Rights. UNGPS also provide guidance for states and businesses on how to ensure there is available judicial and non-judicial grievance mechanisms to provide access to effective remedies in the event of business operations causing adverse human rights impact on people, communities and the environment.