The Feasibility Of Implementing The United Nations Guiding Principles On Business And Human Rights In The Extractive Industry In Nigeria

Abstract

Extractive resource governance has been a challenging task for resource-rich
countries in Africa. It has fuelled civil wars, ethnic clashes and
underdevelopment in this region. This has turned the so-called resource wealth
into resource curse. To address this particularly nauseating challenge, the
international community came together to adopt the UN Guiding Principles
on Business and Human Rights (GPs). Polarised debate on whether the GPs
should be binding or voluntary has slowed down the effective implementation
of the Principles. This article argues that while the GPs have been the latest
attempt at regulating multinational companies (MNCs), greater emphasis
should be placed on the readiness of states to domesticate the Principles. To
achieve this, the paper explores various approaches through which the GPs
can be crafted into national legislation. It also investigates the different methods
through which states can ensure that corporations systemically respect human
rights obligations in their areas of operation. In order to restore faith in the
whole process, it is necessary to examine how human rights principles can be
mainstreamed into corporate practice locally. No doubt, rights-based
frameworks, such as the GPs, are needed to ensure that human rights are
streamlined in business’ projects, policies, and agreements throughout the
various stages, including preparation, funding, implementation and
monitoring. The issue of corporate liability under international law has had
its troubled history, thus, this article argues that MNCs have a heightened
responsibility to respect the human rights of the local communities in resourcerich, war-torn zones, particularly in sub-Saharan African, using Nigeria as
focal point.