Inclusive growth and development: aligning practices in the private sector with the 2030 development agenda Inclusive growth and development: aligning practices in the private sector with the 2030 development agenda Presentation prepared by the African Coalition for Corporate Accountability (ACCA)

Presentation Outline ACCA challenges in using existing systems for corporate accountability solutions and good practices from the ACCA perspective​

The ACCA The ACCA – The African Coalition for Corporate Accountability (ACCA) Launched in November 2013 with the support of Global Rights. More than 118 member organisations from 31 African countries. The two languages with which we work are French and English Coalition supporting African communities and individuals whose human rights are adversely impacted daily by the activities of corporations, both multi-national and domestic. The biggest event on the ACCA calendar is the ACCA GA which attracts around 100 participants both from the African continent and international arena

Challenges in using existing systems for corporate accountability (in Africa) The primary focus on the UN Guiding principles is to promote remedy In Africa, the trend that we have seen is that often, the existing systems in place have not resulted in achieving remedy for affected communities In terms of the NCP process, a few African CSOs have used this process, and have been quite disappointed with the outcome.

Types of remedy – OECD watch Dialogue/mediation with the company to discuss the issue A Final Statement acknowledging the issue and possible breaches to the Guidelines Mediated agreements, such as: Policy changes (company agrees to carry out due diligence or establishes a human rights policy, etc) Agreement to use leverage to try to improve impacts caused by business relations Rare: Monetary compensation (Heineken case) Stopped projects (SOCO case) – Oil exploration in Virunga National Park in the DRC Improvements on the ground

OECD watch - advantages Mediated outcome Conduct fact-finding Issue strong final statements and determinations Include monitoring Improve performance after criticism Public and political attention Less costly than court case

OECD Watch - disadvantages Depends on National Contact Person performance Few sanctions or consequences for breaches Only applies to companies based or operating in OECD countries Can take more than 1 year to conclude

Types of human rights violations Land rights violations Lack of compensation Lack of meaningful consultations Labour rights violations Denial of rights to passage Lack of clear information Environmental pollution Forced eviction without compensation Denial of cultural and worship rights

Challenges to remedy in Africa Disconnect between the African context and International level Limited knowledge of the environmental and impacts of the exploration project Limited awareness of available grievance mechanisms within the company and its accessibility Lack of community involvement before, during and after the process – Free, Prior and Informed Consent (FPIC) Workers are not aware of their right to access to remedy or to the grievance mechanism within the company

Challenges to remedy in Africa (continued) Workers are unaware of the UNGPs and available grievance mechanisms Community members are afraid to speak out against the government and company Human rights defenders face severe pressure from their governments There is a lack of on the ground CSOs working directly with grassroots communities. CSOs working in the field of business and human rights and corporate accountability face severe pressure from their governments, and do not have access to funding

Challenges to remedy in Africa (continued) Due to certain cultural, traditional and religious norms, women are not allowed to speak in public. Confidentiality around mining contracts, environmental impact assessments (EIA) The inability of governments to implement sanctions and/or decisions, and remedies awarded to affected communities – Endorois case and the Anvil Mining case in the DRC.

Solutions and good practices – ACCA report on access to remedy Awareness raising of community rights at the grassroots level Training paralegals to document meetings with companies and/or government officials, Teaching community members to form their own NGOs: Marange Development Trust (Zimbabwe) Capacity building: before consultations even begin and throughout the process

Solutions and good practices – ACCA report on access to remedy (cont.) Dissemination on land and other issues communities have seen their right violated – there is a disconnect between customary/traditional law and modern law Share check lists on questions to ask, model contracts Supporting participation of affected community members – especially women Research on a national level to better identify the type of harm caused to better identify the type of remedy required Knowledge exchange – sharing similar experiences among stakeholders

Recommendations Companies should have meaningful consultation with communities Companies and organisations should take cognisance of cultural ways of life and values along with cultural practices and worship linked to African customs of impacted communities in the resolution of cases or disputes Companies and International organisations have a role to play in protection of human rights defenders and allowing them the space to do their work; International and regional organisations should encourage countries to adopt laws which make due diligence for companies mandatory, and that these laws should explicitly recognise the role of Human Rights Defenders play in due diligence and the threats they face

Recommendations (continued) International organisations should apply pressure on legislators, politicians, and companies to take to cognisance of cultural ways of life, values and practices linked to the African customs in the drafting of legal documentation in relation to access to remedy in development projects which aim to strengthen the protection of community rights; The provision of legal aid training and judicial assistance in accompanying communities who are victims of human rights abuses by the activities of corporations; Problems linked with respecting the right to freedom of information to communities;

Thank you, merci, Asante Sane, شكرا