On the theme of “Business, Human Rights and International Law”

Your Excellencies, Ambassadors and Permanent Representatives of the AU Member States
Distinguished Members of the AU Commission on International Law
Distinguished Legal Counsel of the AU, Our Esteemed Brother, Dr. Guy Fluery-Ntwari,
Distinguished Invited Speakers and Experts,
Honorable Professors, Academics, Students, and other Colleagues

Ladies and Gentlemen,

It gives me great pleasure to welcome you to the 9th Forum of the AU Commission on International Law (AUCIL).

The Forum is a conference that AUCIL organizes regularly in order to provide an opportunity for African policymakers, diplomats, scholars, and students to engage in conversations about some of the most pressing questions of international law that are relevant to the continent.

The Forum is also designed to engender discussions among representatives of AU member states and leading African experts of international law in order to explore how Africa can further contribute to the progressive development of international law at a regional and global level, and how we can be better positioned to harness the institutions and processes of international law to further protect the interests of our countries and to promote the welfare of our peoples.

So it really is a great pleasure and privilege for me to welcome, first and foremost, our sisters and brothers, the distinguished representatives of the AU member states who have made the time to join us today. I sincerely hope that you will find our discussions today and tomorrow instructive and informative, and that you will actively engage in the conversations with your questions, comments, feedback and ideas.

I would also like to extend a special welcome to the African experts who we have invited to participate in the Forum. We are honored that you have accepted our invitation and that you have joined us today, which for some of you has meant traveling for great distances to be with us. I am sure I speak on behalf of everyone when I say that we are very much looking forward to hearing and learning from you and engaging with you in fruitful and in-depth discussions on the important question of business and human rights.

I would also like to welcome all other participants and attendants, especially scholars and students. It is always a pleasure to welcome you to the AU – your Union; your home – and to have you participate in these discussions. Please feel free to ask questions, offer your thoughts, ideas and to engage in the conversations.

Ladies and gentlemen,

Allow me to share some thoughts and remarks about the topic of this year’s Forum, which is “International Law, Business Law, and Human Rights”.

When historians look back at the twentieth century, they might reach the conclusion that the 1990s were a golden age for corporations. Multinational companies – especially those based in the western world, but also increasingly those based in Asia – grew at incredible rates, reaped massive profits, and expanded their presence and power exponentially. These corporations also
constructed massive transnational networks of supply-chains, subsidiaries, and customers that transcended national boundaries. As a result, these global corporations gradually became wealthier, more powerful, and more influential than even some sovereign states.

In this process, that was driven by a global wave of deregulation and the promotion of neoliberal policies, millions of people and many countries benefited. States, communities, and other stakeholders that were able to take advantage of and harness this global system of wealth-creation succeeded in lifting billions of people from poverty and expanding opportunities for a better life for themselves.

However, many others were not as fortunate. Peoples and communities around the world –especially here in Africa – were adversely affected. Millions of people ended up working in terrible and inhumane conditions, entire communities were devastated by the effects of drilling and mining activities that destroyed the natural environment, agricultural laborers were forced to work for long hours without adequate compensation in massive plantations, and in many cases, security agents hired by companies to violently quell any opposition or resistance by the victims of these exploitative and inhumane practices.

This all led to a global movement to develop and codify norms and rules to protect individuals against the abusive practices of corporations. This was necessary because, only twenty or thirty years ago, it was unclear whether corporations are required to respect the human rights of individuals in the countries in which they are operating. Indeed, traditionally, it was assumed that while individual human beings were the beneficiaries of human rights law, it was states that were bound to respect, protect, and fulfill human rights, which meant that corporations fell in a normative gray area. Despite the fact that they wielded immense power and influence, corporations seemed free of any obligation to respect human rights and there was a serious gap in the mechanisms to hold them accountable.

This is the problem that the area of business and human rights was designed to address.

Over the past two decades, a global movement has emerged to develop a normative architecture that affirms that corporations are required to respect human rights, to hold corporations accountable for human rights abuses, and to provide paths for remedies for victims. Indeed, as I am sure you will hear from many of our distinguished speakers, it is now widely accepted and recognized that corporations have an obligation to respect human rights and that they must take action and exercise due diligence to prevent the perpetration of abuses against individuals.

Nonetheless, significant challenges remain in this area, especially in Africa.

It remains the fact that many of our countries and millions of our peoples in Africa have been the victims of the harmful effects of the activities of international corporations. Whether those companies are active in the extractive industries, in manufacturing, in resource production and processing, or in consumer goods, there an innumerable cases and stories of devastating impacts on peoples and communities. These include environmental damage and pollution, loss of biodiversity, forced displacement and land grabs, human trafficking, gender-based discrimination and exclusions, and illicit trade in protected and endangers species.

These challenges are further exacerbated by the fact that there is often a serious imbalance in bargaining power between global multinational corporations and some African states, which makes them especially vulnerable to pressure by these international companies. Moreover, there are challenges relating to a lack of domestic capacities, including adequate legislative frameworks and law enforcement mechanisms, to provide protection to individuals. Again, these are some of the themes, issues, and questions that our speakers will be addressing and exploring.

In particular, it is our hope that our conversations today and tomorrow will contribute to devising solutions that take into consideration the unique context of Africa, especially our socio-political realities, our economic vulnerabilities, and our institutional capacities. Moreover, we hope to learn how regional mechanisms can have a greater contribution to developing legal and normative frameworks that are applicable in Africa and that fill the accountability gap to protect our peoples and promote the welfare of our communities.

In conclusion, I very much hope that we will all find these discussions fruitful, engaging, and enriching and that this 9th AUCIL Forum will contribute to advancing and promoting the interests and values of our countries and peoples.

Thank you!