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The Role of the African Human Rights System in advancing Corporate Accountability in the Extractive Industries

Thesis (LLD)--University of Pretoria, 2021.

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Other Authors: Killander, Magnus
Format: Thesis
Language:English
Published: University of Pretoria 2021
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access_status_str Open Access
author2 Killander, Magnus
author_browse Killander, Magnus
author_facet Killander, Magnus
collection Thesis
dc_rights_str_mv © 2019 University of Pretoria. All rights reserved. The copyright in this work vests in the University of Pretoria. No part of this work may be reproduced or transmitted in any form or by any means, without the prior written permission of the University of Pretoria.
description Thesis (LLD)--University of Pretoria, 2021.
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institution University of Pretoria (South Africa)
language English
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provenance_str_mv Harvested via OAI-PMH from UPSpace — University of Pretoria Institutional Repository
publishDate 2021
publishDateRange 2021
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publisher University of Pretoria
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spelling oai:repository.up.ac.za:2263/82574 The Role of the African Human Rights System in advancing Corporate Accountability in the Extractive Industries Killander, Magnus chairmanokoloise@yahoo.com Okoloise, Macaulay Chairman Business and human rights Corporate accountability Extractive industries African human rights system UCTD Thesis (LLD)--University of Pretoria, 2021. For over a century, corporations engaged in the extractive industries in Africa have operated without ethical rules. They have been notoriously fingered for rampant environmental, labour, health and human rights violations, including land despoliation, forced displacement, environmental pollution, cultural infringements and, sometimes, deaths. While the responsibility for regulating companies and protecting human and peoples’ rights primarily rests with states, they have often been unable or unwilling to do so effectively. Amidst these persisting challenges, the phenomenal rise of transnational corporations in the global economy have rendered more complex the gaps in global governance by presenting new challenges that make territorial regulation by single countries impracticable. While victims groan, contestations about the human rights obligations of corporations have allowed extractive and other companies to fly below the radar of accountability; thereby, enabling extractive businesses to ride roughshod over communities and the environment. After several United Nations-led initiatives to address the adverse impacts of corporations, they have proven insufficient to hold companies accountable for violations in the extractive sector. This thesis, therefore, is a dispassionate attempt to explore the role of the African regional human rights system as an important complementary level of normative and institutional governance for regulating abusive corporate conduct and advancing human rights accountability in the extractive industries. It adopts an African approach to corporate human rights accountability in critically evaluating the contours of the corporate accountability discourse. It problematises the near-total reliance on inadequate domestic action in host states for regulating powerful corporate conglomerates in this age of globalisation and highlights the limits of extraterritorial regulation by home states in addressing transborder abuses. After a careful assessment, it finds that African human rights norms and regional mechanisms can play a key part in regulating abusive corporate practices and protecting the human rights and environmental wellbeing of resource-rich communities affected by the extractive industries in Africa. German Academic Exchange Service (Deutscher Akademischer Austauschdienst - DAAD) Centre for Human Rights LLD Unrestricted 2021-11-05T05:32:51Z 2021-11-05T05:32:51Z 2021-12-10 2021 Thesis * D2021 http://hdl.handle.net/2263/82574 en © 2019 University of Pretoria. All rights reserved. The copyright in this work vests in the University of Pretoria. No part of this work may be reproduced or transmitted in any form or by any means, without the prior written permission of the University of Pretoria. application/pdf University of Pretoria
spellingShingle Business and human rights
Corporate accountability
Extractive industries
African human rights system
UCTD
The Role of the African Human Rights System in advancing Corporate Accountability in the Extractive Industries
title The Role of the African Human Rights System in advancing Corporate Accountability in the Extractive Industries
title_full The Role of the African Human Rights System in advancing Corporate Accountability in the Extractive Industries
title_fullStr The Role of the African Human Rights System in advancing Corporate Accountability in the Extractive Industries
title_full_unstemmed The Role of the African Human Rights System in advancing Corporate Accountability in the Extractive Industries
title_short The Role of the African Human Rights System in advancing Corporate Accountability in the Extractive Industries
title_sort role of the african human rights system in advancing corporate accountability in the extractive industries
topic Business and human rights
Corporate accountability
Extractive industries
African human rights system
UCTD
url http://hdl.handle.net/2263/82574