1. 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)

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

3. 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

4. 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.

5. 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

6. 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

7. 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

8. 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

9. 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

10. 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

11. 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.

12. 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

13. 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

14. 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

15. 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;

16. Thank you, merci, Asante Sane, شكرا