Advancing Business and Human Rights in Africa: Trade Union Perspectives on Labour Rights and National Action Plans at the 2024 Nairobi Forum

Oct. 8, 2024, Nairobi, Kenya: Today, on the occasion of the 3^rd edition of the African Forum on Business and Human Rights, the FES AU office has organised a side session under the title "NAPs on BHRs in Africa: Lessons Learnt and Challenges", which the session was attended by forum participants.

Africa has long faced significant human rights violations in the business environment, where multinational corporations (MNCs) and some states often fail to uphold national and international conventions they have signed. Recently, however, with the adoption of the UN Guiding Principles on Business and Human Rights (UNGPs), African countries are increasingly committed to protecting human rights in business contexts, exploring expanded legal frameworks to address abuses within their borders. National Action Plans (NAPs) on Business and Human Rights are a key step toward comprehensive action, yet only four African nations—Kenya, Uganda, Nigeria, and Liberia—have so far adopted them. Positively, several more countries are actively pursuing similar frameworks.

Aligned with the UNGPs, the event provided a platform to discuss how NAPs can advance labour protections and tackle challenges faced by workers in corporate activities. Panellists stressed the need for transparent and inclusive NAP development, highlighting the importance of incorporating input from labour unions and local communities to support responsible business conduct (RBC) and protect vulnerable workers. With only a handful of African countries currently implementing NAPs, the discussions underscored the urgency of expanding these frameworks across the continent to effectively address labour rights violations and other corporate-related human rights issues.

Although few African countries are with the NAP and several others in the pipeline, however, there has been criticism about the inclusivity and effective implementation of the policy and its impact on the ground, which at this moment is hard to measure and recognize. That is why the side event is convened to discuss experiences from different countries and how the law could be best implemented and affect the lives of workers rights on the ground. Trade unionists from Ghana offered valuable insights based on their experience in shaping Ghana’s National Action Plan on Business and Human Rights. Their journey highlighted the benefits of an inclusive, consultative process where the voices of workers and union leaders have played a central role in draughting policies that safeguard labour rights. Ghana’s approach has been lauded for prioritising transparency, involving trade unions in regular discussions, and emphasising robust protections for vulnerable workers. However, trade union leaders from Ghana also acknowledged several challenges. One key issue was the need for stronger regulatory frameworks to ensure that businesses comply with BHR standards and actively implement the principles outlined in the NAP.

The Road Ahead: Safeguarding Labour Rights Through Inclusive Policies

One of the event’s central themes was the importance of building NAPs that not only address corporate accountability but also actively enhance labour protections. Panellists discussed strategies to make BHR policies more accessible and beneficial to African workers, many of whom are often unaware of their rights or unable to access formal grievance mechanisms. Ghana’s approach of integrating labour rights into its NAP was seen as a benchmark, emphasising that policies are most effective when they account for local realities and directly engage worker communities.

The discussion further highlighted the AU’s Draft Policy on BHR, which aims to establish a uniform framework for African nations. This policy encourages countries to adapt the UNGPs to their specific socio-economic conditions while ensuring that worker and labour rights are central to any national BHR efforts. This side event underscored Africa’s growing commitment to advancing responsible business practices while protecting human rights, particularly those of workers and vulnerable groups. The event participants left with a renewed commitment to work towards inclusive NAPs on BHR across Africa, with a clear focus on labour protections and responsible business conduct.

For more information, please contact Mr. Amanuel Desalegne, Program Manager, FES African Union Cooperation Office, at Amanuel.Desalegne(at)fes.de.