Human Rights Violations by Transnational Corporates and Their Subsidiaries in Sub-Saharan Africa: Selected Cases

Fritz Betchem A Betchem

doi:doi:10.11648/j.ijls.20220503.19

| Peer-Reviewed

Human Rights Violations by Transnational Corporates and Their Subsidiaries in Sub-Saharan Africa: Selected Cases

Fritz Betchem A Betchem

Published in International Journal of Law and Society (Volume 5, Issue 3)

Received: 1 August 2022 Accepted: 23 August 2022 Published: 31 August 2022

Views: Downloads:

Download PDF

Share This Article

Twitter
Linked In
Facebook

Abstract

It will soon be six decades since the States of sub-Saharan Africa gained their independence and initiated multiple industrialization projects, following the discovery of a large quantity of raw materials, in this case natural resources, a development factor. But also, many years of human rights violations in the triptych multinationals - populations - natural resources. These violations concern in particular the land rights of the populations, the degradation of the environment, the right to a healthy environment and the right to health. In order to guarantee the respect of the legal norms that protect human rights, the observation of the texts by the multinationals is imperative because, the salient aspect of these violations affects more women who pay a heavy price. However, although the legal framework for the protection of human rights in the face of the activities of multinationals is defined, various violations persist. To solve this, civil remedies are the most common means of redress in this case, although effective redress in the host state is quite limited. Much more, this can also be done by implementing effective recourse modalities for the guarantee of human rights while attaching the effective respect of human rights to the activities of companies, as well as the effective respect of the Maputo Protocol and the inclusion of women as a factor of development impetus within the riparian communities. This article’s objective aims to understand and to unpack the status of respect of human rights by multinational companies in sub-Saharan Africa, in order to propose remedies that do not leave gender aside and an approach that calls on judicial and non-judicial mechanisms.

Published in	International Journal of Law and Society (Volume 5, Issue 3)
DOI	10.11648/j.ijls.20220503.19
Page(s)	324-335
Creative Commons	This is an Open Access article, distributed under the terms of the Creative Commons Attribution 4.0 International License (http://creativecommons.org/licenses/by/4.0/), which permits unrestricted use, distribution and reproduction in any medium or format, provided the original work is properly cited.
Copyright	Copyright © The Author(s), 2022. Published by Science Publishing Group

Keywords

Human Rights, Violations, Protection, Women Rights, Multinational Companies, Corporate Social Responsibility (CSR)

References

[1]	Aaron Xavier Fellmeth, Wiwa v. Royal Dutch Petroleum Co,: A New Standard for the Enforcement of International Law in U.S. Courts, Yale Human Rights & Development Law Journal, Vol. 5, 2002, pp. 241-254.
[2]	African Charter on Human and Peoples' Rights, June 28, 1981.
[3]	Anoukaha, François. 2003. The Right to the Environment in the African Human Rights Protection System. Revue juridique et politique des états francophones, 57 (3), 267-288.
[4]	Boukongou Jean Didier. 2005. The protection of the Congo Basin, a multilateral issue. African Geopolitics, 17, 141-155.
[5]	Bright, Claire. 2013. Access to civil justice in cases of human rights violations by multinational corporations. Law dissertation, European University Institute, Department of Legal Sciences, 272 pp.
[6]	Convention on the Rights of the Child, November 20, 1989.
[7]	Daugareilh, Isabelle (ed.) 2005. Globalization, Work and Fundamental Rights. Brussels: Bruylant, 432 p.
[8]	Donnedieu de Vabres, Henri. 1922. Introduction to the study of international criminal law. Essai d'histoire et de critique sur la compétence criminelle dans les rapports avec l'étranger. Paris: Sirey, 486 p.
[9]	Doumbe-Bille, Stéphane. 1998. International law and sustainable development. Les hommes et l'environnement, Etudes en hommage à Alexandre KISS (pp. 245-268). Paris, Frison Roche.
[10]	European Tax Papers. 2002. The determination of the law applicable to international contracts. European Taxation and International Business Law, No. 129. (http://www.fontaneau.com/?p=356).
[11]	Guinchard, Serge (ed). Lexique des termes juridiques, 2017-2018. Paris: Dalloz, 1140 p.
[12]	Growth and Poverty Reduction Strategy Paper, 2006, p. 21.
[13]	International Federation of Human Rights Leagues (FIDH). 2012. Business and Human Rights Violations - A practical guide to existing remedies for victims and NGOs. 604 p.
[14]	Kam Yogo, Emmanuel. January-February-March 2004. African States and the protection of African elephants through international environmental law. Juridis-periodical 57, 112 p.
[15]	Lauriol, Thierry and Raynaud, Emilie. 2016. Petroleum and mining law in Africa. Issy-les-Moulineaux: LGDJ, 588 pp.
[16]	Leben, Charles. 2005. Multinational enterprises and international economic law. Revue de Science Criminelle et de Droit Pénal Comparé, Dalloz, 777.
[17]	Lou Bouinan Youbo, Sonia. 2015. The lex societatis in international business law. Doctoral dissertation, University of Bordeaux, 554 pp.
[18]	Mantilla Martinez, Marcella Ivonne. 2014. The responsibility of transnational corporations in international human rights law and international humanitarian law: the case of the energy sector. p. 68. Doctoral dissertation, Université Paris-Sud, Ecole Doctorale, 264 pp.
[19]	Mauritanian law n°2010-033 of July 20, 2010 on the hydrocarbons code.
[20]	Mbaye, Keba. 1992. Les droits de l'homme en Afrique. Paris, A. Pédone. 312 p.
[21]	Menjucq, Michel. 2011. International and European Company Law. Paris: Montchrestien, 3^rd ed., 582 p.
[22]	Mukam Sighano, Carlos. 2018. The responsibility of transnational corporations in environmental matters. Doctoral dissertation, Catholic University of Central Africa, Doctoral School of Human Rights and Humanitarian Law, 348 pp.
[23]	Mveng Evina, Etienne. 2001. Some elements of integration in logging in the border area of Cameroon, Congo and the Central African Republic. Dynamiques d'intégration régionale en Afrique centrale: Intégration, Afrique centrale, 2, Yaoundé, PUCAC, 755-761.
[24]	New York Times Magazine of September 13, 1970.
[25]	Ngono Nkoa, Véronique Carole. 2016. Reflections on the OHADA judicial space. Revue de l'ERSUMA, n° 06, New Edition, 161 p.
[26]	Nguyen, Huu Tru. 1992. Codes of conduct: a review. Revue Générale de Droit International Public, 96 (1), 45-60.
[27]	Niboyet, Marie Laure and Géraud de Geouffre de la Pradelle. 2015. Droit international privé. Issy-les-Moulineaux: LGDJ, 720 pp.
[28]	Ntonga-Bomba, Serge Vincent. April-May-June 2002. The current state of implementation of environmental legal instruments in Cameroon. Juridis périodique 50, 132 p.
[29]	Ouassini Sahli, Meriem. 2014. La responsabilité de la société mère du fait de ses filiales. Doctoral dissertation, University of Paris-Dauphine, Dauphine Doctoral School, 429 pp.
[30]	Oumba, Parfait. 2014. International responsibility of the state and environmental risks. Doctoral dissertation, Catholic University of Central Africa, Human Rights and Humanitarian Law Graduate School, 460 pp.
[31]	Owona Mfegue, Félicité Koura. 2012. Natural resources in armed conflict in the Democratic Republic of Congo. Paris: L'Harmattan, 246 pp.
[32]	Rio Declaration on Sustainable Development, 1992.
[33]	Rousseau, Elise. 2017. The Kimberley Process and the fight against the "blood diamond" trade. CRISP Weekly Courier, no. 2353-2354, 63 pp.
[34]	Schmidt, Dominique. 1981. Civil liability in corporate group relations. Revue des sociétés. 736 p.
[35]	Tripartite Declaration of Principles concerning Multinational Enterprises and Social Policy.
[36]	United Nations Conference on Trade and Development (World Investment Report, p. 52). 2009. Transnational Corporations, Agricultural Production and development. 314 p.
[37]	United Nations Convention on the Law of the Sea, 1982.
[38]	United Nations Global Compact, July 26, 2000.
[39]	United Nations, Guiding Principles on Business and Human Rights: Implementing a Protect, Respect and Remedy Framework

Cite This Article

Plain Text BibTeX RIS

APA Style

Fritz Betchem A Betchem. (2022). Human Rights Violations by Transnational Corporates and Their Subsidiaries in Sub-Saharan Africa: Selected Cases. International Journal of Law and Society, 5(3), 324-335. https://doi.org/10.11648/j.ijls.20220503.19

Copy | Download

ACS Style

Fritz Betchem A Betchem. Human Rights Violations by Transnational Corporates and Their Subsidiaries in Sub-Saharan Africa: Selected Cases. Int. J. Law Soc. 2022, 5(3), 324-335. doi: 10.11648/j.ijls.20220503.19

Copy | Download

AMA Style

Fritz Betchem A Betchem. Human Rights Violations by Transnational Corporates and Their Subsidiaries in Sub-Saharan Africa: Selected Cases. Int J Law Soc. 2022;5(3):324-335. doi: 10.11648/j.ijls.20220503.19

Copy | Download

@article{10.11648/j.ijls.20220503.19,
  author = {Fritz Betchem A Betchem},
  title = {Human Rights Violations by Transnational Corporates and Their Subsidiaries in Sub-Saharan Africa: Selected Cases},
  journal = {International Journal of Law and Society},
  volume = {5},
  number = {3},
  pages = {324-335},
  doi = {10.11648/j.ijls.20220503.19},
  url = {https://doi.org/10.11648/j.ijls.20220503.19},
  eprint = {https://article.sciencepublishinggroup.com/pdf/10.11648.j.ijls.20220503.19},
  abstract = {It will soon be six decades since the States of sub-Saharan Africa gained their independence and initiated multiple industrialization projects, following the discovery of a large quantity of raw materials, in this case natural resources, a development factor. But also, many years of human rights violations in the triptych multinationals - populations - natural resources. These violations concern in particular the land rights of the populations, the degradation of the environment, the right to a healthy environment and the right to health. In order to guarantee the respect of the legal norms that protect human rights, the observation of the texts by the multinationals is imperative because, the salient aspect of these violations affects more women who pay a heavy price. However, although the legal framework for the protection of human rights in the face of the activities of multinationals is defined, various violations persist. To solve this, civil remedies are the most common means of redress in this case, although effective redress in the host state is quite limited. Much more, this can also be done by implementing effective recourse modalities for the guarantee of human rights while attaching the effective respect of human rights to the activities of companies, as well as the effective respect of the Maputo Protocol and the inclusion of women as a factor of development impetus within the riparian communities. This article’s objective aims to understand and to unpack the status of respect of human rights by multinational companies in sub-Saharan Africa, in order to propose remedies that do not leave gender aside and an approach that calls on judicial and non-judicial mechanisms.},
 year = {2022}
}

Copy | Download

TY  - JOUR
T1  - Human Rights Violations by Transnational Corporates and Their Subsidiaries in Sub-Saharan Africa: Selected Cases
AU  - Fritz Betchem A Betchem
Y1  - 2022/08/31
PY  - 2022
N1  - https://doi.org/10.11648/j.ijls.20220503.19
DO  - 10.11648/j.ijls.20220503.19
T2  - International Journal of Law and Society
JF  - International Journal of Law and Society
JO  - International Journal of Law and Society
SP  - 324
EP  - 335
PB  - Science Publishing Group
SN  - 2640-1908
UR  - https://doi.org/10.11648/j.ijls.20220503.19
AB  - It will soon be six decades since the States of sub-Saharan Africa gained their independence and initiated multiple industrialization projects, following the discovery of a large quantity of raw materials, in this case natural resources, a development factor. But also, many years of human rights violations in the triptych multinationals - populations - natural resources. These violations concern in particular the land rights of the populations, the degradation of the environment, the right to a healthy environment and the right to health. In order to guarantee the respect of the legal norms that protect human rights, the observation of the texts by the multinationals is imperative because, the salient aspect of these violations affects more women who pay a heavy price. However, although the legal framework for the protection of human rights in the face of the activities of multinationals is defined, various violations persist. To solve this, civil remedies are the most common means of redress in this case, although effective redress in the host state is quite limited. Much more, this can also be done by implementing effective recourse modalities for the guarantee of human rights while attaching the effective respect of human rights to the activities of companies, as well as the effective respect of the Maputo Protocol and the inclusion of women as a factor of development impetus within the riparian communities. This article’s objective aims to understand and to unpack the status of respect of human rights by multinational companies in sub-Saharan Africa, in order to propose remedies that do not leave gender aside and an approach that calls on judicial and non-judicial mechanisms.
VL  - 5
IS  - 3
ER  -

Copy | Download

Author Information

Fritz Betchem A Betchem

Faculty of Law, Catholic University of Central Africa, Yaounde, Cameroon

Download PDF

Sections

Plain Text BibTeX RIS

APA Style

Fritz Betchem A Betchem. (2022). Human Rights Violations by Transnational Corporates and Their Subsidiaries in Sub-Saharan Africa: Selected Cases. International Journal of Law and Society, 5(3), 324-335. https://doi.org/10.11648/j.ijls.20220503.19

Copy | Download

ACS Style

Fritz Betchem A Betchem. Human Rights Violations by Transnational Corporates and Their Subsidiaries in Sub-Saharan Africa: Selected Cases. Int. J. Law Soc. 2022, 5(3), 324-335. doi: 10.11648/j.ijls.20220503.19

Copy | Download

AMA Style

Fritz Betchem A Betchem. Human Rights Violations by Transnational Corporates and Their Subsidiaries in Sub-Saharan Africa: Selected Cases. Int J Law Soc. 2022;5(3):324-335. doi: 10.11648/j.ijls.20220503.19

Copy | Download

@article{10.11648/j.ijls.20220503.19,
  author = {Fritz Betchem A Betchem},
  title = {Human Rights Violations by Transnational Corporates and Their Subsidiaries in Sub-Saharan Africa: Selected Cases},
  journal = {International Journal of Law and Society},
  volume = {5},
  number = {3},
  pages = {324-335},
  doi = {10.11648/j.ijls.20220503.19},
  url = {https://doi.org/10.11648/j.ijls.20220503.19},
  eprint = {https://article.sciencepublishinggroup.com/pdf/10.11648.j.ijls.20220503.19},
  abstract = {It will soon be six decades since the States of sub-Saharan Africa gained their independence and initiated multiple industrialization projects, following the discovery of a large quantity of raw materials, in this case natural resources, a development factor. But also, many years of human rights violations in the triptych multinationals - populations - natural resources. These violations concern in particular the land rights of the populations, the degradation of the environment, the right to a healthy environment and the right to health. In order to guarantee the respect of the legal norms that protect human rights, the observation of the texts by the multinationals is imperative because, the salient aspect of these violations affects more women who pay a heavy price. However, although the legal framework for the protection of human rights in the face of the activities of multinationals is defined, various violations persist. To solve this, civil remedies are the most common means of redress in this case, although effective redress in the host state is quite limited. Much more, this can also be done by implementing effective recourse modalities for the guarantee of human rights while attaching the effective respect of human rights to the activities of companies, as well as the effective respect of the Maputo Protocol and the inclusion of women as a factor of development impetus within the riparian communities. This article’s objective aims to understand and to unpack the status of respect of human rights by multinational companies in sub-Saharan Africa, in order to propose remedies that do not leave gender aside and an approach that calls on judicial and non-judicial mechanisms.},
 year = {2022}
}

Copy | Download

TY  - JOUR
T1  - Human Rights Violations by Transnational Corporates and Their Subsidiaries in Sub-Saharan Africa: Selected Cases
AU  - Fritz Betchem A Betchem
Y1  - 2022/08/31
PY  - 2022
N1  - https://doi.org/10.11648/j.ijls.20220503.19
DO  - 10.11648/j.ijls.20220503.19
T2  - International Journal of Law and Society
JF  - International Journal of Law and Society
JO  - International Journal of Law and Society
SP  - 324
EP  - 335
PB  - Science Publishing Group
SN  - 2640-1908
UR  - https://doi.org/10.11648/j.ijls.20220503.19
AB  - It will soon be six decades since the States of sub-Saharan Africa gained their independence and initiated multiple industrialization projects, following the discovery of a large quantity of raw materials, in this case natural resources, a development factor. But also, many years of human rights violations in the triptych multinationals - populations - natural resources. These violations concern in particular the land rights of the populations, the degradation of the environment, the right to a healthy environment and the right to health. In order to guarantee the respect of the legal norms that protect human rights, the observation of the texts by the multinationals is imperative because, the salient aspect of these violations affects more women who pay a heavy price. However, although the legal framework for the protection of human rights in the face of the activities of multinationals is defined, various violations persist. To solve this, civil remedies are the most common means of redress in this case, although effective redress in the host state is quite limited. Much more, this can also be done by implementing effective recourse modalities for the guarantee of human rights while attaching the effective respect of human rights to the activities of companies, as well as the effective respect of the Maputo Protocol and the inclusion of women as a factor of development impetus within the riparian communities. This article’s objective aims to understand and to unpack the status of respect of human rights by multinational companies in sub-Saharan Africa, in order to propose remedies that do not leave gender aside and an approach that calls on judicial and non-judicial mechanisms.
VL  - 5
IS  - 3
ER  -

Copy | Download