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Concept Note

Background
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Despite being the world’s second-fastest-growing region, Africa grapples with numerous challenges that hinder the effective enjoyment of a wide range of civil, political, economic, social, and cultural rights and the right to development in the continent, particularly the rights of economically and socially vulnerable groups.

 

In recent years, there has been increased recognition of business's role in inclusive, equitable and sustainable socio-economic development and the need to ensure that businesses integrate responsible business practices into their operations and supply chains in Africa. Since the universal endorsement of the United Nations Guiding Principles on Business and Human Rights (UNGPs) in 2011, an increasing number of countries and regional institutions have adopted or called for the adoption of laws, regulations, policies, and standards to ensure comprehensive implementation of the UNGPs and articulate responsible business conduct (RBC). At the national level, countries like Kenya, Uganda, and Nigeria have adopted National Action Plans (NAPs) on Business and Human Rights (BHR), while many others have demonstrated proactive commitment by embarking on the formulation and execution of NAPs on BHR. Indeed, 2023 marked significant strides in the advancement of the BHR agenda in the continent, with an evident surge in momentum in countries as diverse as Côte d’Ivoire, Ethiopia, Ghana, Malawi, Nigeria, Senegal, Sierra Leone, Zambia, and Zimbabwe, where national authorities conducted multi-stakeholder dialogues, awareness-raising exercises, trainings and undertaking studies on BHR.

 

At the continental level, the African Union (AU) has developed policy and institutional frameworks on BHR, which enable it to address business-related human rights abuses through its organs, such as the African Commission on Human and Peoples’ Rights (ACHPR). The AU and UN have also developed the AU-UN joint framework for Peace, Security, Development, and Human Rights in Africa. The Framework underlines a shared commitment to promoting human rights in Africa. The adoption and operationalization of the African Continental Free Trade Area (AfCFTA) Agreement, one of the flagship projects of the AU Agenda 2063, and the inclusion of human rights and sustainability-related provisions in some of its protocols also represent a major milestone for Africa. Indeed, this will serve as a catalyst for promoting the right to development and new ways of working, producing, sourcing from, and trading within Africa and between Africa and the rest of the world, bearing in mind the importance of integrating human rights into supply chain management.

 

Beyond Africa, major investor countries and export markets have enacted BHR legal and regulatory frameworks that have major implications for RBC and human rights in Africa. These include human rights due diligence (HRDD) and trade-based regulations such as the European Union (EU) Deforestation Regulation, which requires companies trading in cattle and key commodities (cocoa, coffee, oil palm, rubber, soya, and wood) as well as products derived from these commodities, to conduct human rights and environmental due diligence to ensure the goods do not result from deforestation or breaches of local environmental and social laws. Another example is the recently adopted EU Corporate Sustainability Due Diligence Directive, which introduces a new legal duty for large companies that applies to both negative human rights and environmental impacts of their business operations.

 

This rapidly changing environment presents unique opportunities and challenges for African producers, businesses, and economies, promoting RBC and realizing human rights on the continent. Yet, the level of awareness and understanding of these regulations among African producers, traders, businesses, and governments remains low.

 

Forum Objectives
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The 3rd BHR Forum builds on the successes of the 1st and 2nd BHR Forums that were held in Ghana and Ethiopia in 2022 and 2023, respectively. The 2022 Forum, which had over 350 delegates, focused on developments since the UNGPs were adopted and encouraged an increase in the momentum to scale up efforts to promote RBC on the continent. The 2023 Forum, meanwhile, welcomed over 400 delegates from 44 countries in-person. It highlighted the need to adopt a child-rights approach to BHR, ensure access to effective remedies for business-related human rights abuse in local communities and increase resources for national human rights institutions (NHRIs) and other stakeholders mandated to regulate and monitor business actions. This 2nd Forum also committed to accelerating efforts to advance the adoption of NAPs on BHR and addressing the discourse on BHR from an African perspective, ensuring that African interests are taken into consideration in the development and implementation of RBC and HRDD regulation processes in the continent and worldwide.

 

The objective of the 2024 BHR Forum is to foster policy dialogue and peer-to-peer learning on RBC and the human rights implications of the emerging African and global regulatory and policy landscape in Africa, generating crucial insights as well as key recommendations for the adoption of strong regulatory and policy frameworks and business models that promote ethical and sustainable practices, in line with internationally agreed norms and principles.

 

This 3rd BHR Forum will be organized under the theme “Promoting Responsible Business Conduct in a Rapidly Changing Context.” It will focus on the continued integration of RBC and HRDD in business operations, strengthening the policy frameworks of African Member States on RBC leveraging the UNGPs, AfCFTA and other frameworks, and building the capacity of stakeholders to apply an RBC lens to NAP development and implementation, and to State and business practices in Africa, aligning these to African and international human rights and RBC frameworks.

Bringing together various stakeholders with a role and an interest in advancing the BHR agenda in Africa, the 3rd Africa BHR Forum will thus be designed to achieve the following outcomes:

  • Sustain the momentum built on the 2023 African BHR Forum and offer a dynamic regional multi-stakeholder platform for dialogue on BHR.

  • Promote policy coherence at the national and regional levels, including by integrating the UNGPs into regional governance and development frameworks and State and business practices.

  • Assess progress in implementing the UNGPs and promote collaboration and networking between and among governments, businesses, NHRIs, investors, civil society organizations (CSOs), academia, human rights defenders, and other stakeholders.

  • Exchange and learn from positive practices and challenges, including those linked to the implementation of key trade agreements and regulations (e.g. the AfCFTA, the EU Deforestation Regulation and Corporate Sustainability Due Diligence Directive), the just energy transition, business and technology, the respect of human and peoples’ rights in the informal economy, particularly of those individuals and groups at heightened risk of business-related human rights abuses, such as women, children and youth, indigenous peoples, persons with disabilities.

 
Format and Content

The 2024 African BHR Forum is intended to be held in person to foster active networking and build constructive relationships, as well as online to provide opportunities for remote participation for those unable to travel. The Forum will be held over three days (from 8-10 October 2024) and consist of high-level plenary sessions, panel discussions, and interactive breakout sessions (workshops, clinics, capacity-building exercises, dialogues, panel discussions, exhibitions, movies/documentaries screening, etc.). The high-level plenary sessions will feature keynote speeches from high-level African leaders and international experts, who will provide an overview of the current state of BHR in Africa and offer insights into potential solutions. The interactive breakout sessions will bring together stakeholders from different sectors to discuss specific/thematic BHR themes to be decided. Finally, the breakout sessions will allow participants to engage in more detailed discussions and brainstorming around specific topics.

The day before the Forum, 8 October 2024, will represent "day 0", aimed at hosting partner-led side events. Regional organisations will be invited to host side events; coalitions of CSOs and NHRIs will be invited to conduct parallel stakeholder-based sessions. 

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  • Venue: The Forum will be held in Nairobi, Kenya.

  • Participants: The Forum will gather representatives of CSOs, business enterprises and associations, labour organisations, governments, NHRIs and other human rights actors, think tanks, international organisations, and institutions active in BHR across Africa.

  • Languages: The Forum communications and the event will be in English. French and Portuguese simultaneous interpretation will be provided.

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