Nigeria – guidance

The Nigeria NAP provides a list of existing constitutional obligations, domestic legislation, internation obligations, and police and administrative steps. This breakdown only looks at the list of challenges and the implementation of the 3 pillars of the UNGPs.

8.6 CHALLENGES

“v. Lack of a clear policy and guidance note developed by Government on the exit strategy of businesses when their operations come to an end.” (p.155)

PILLAR 1 – STATE DUTY TO PROTECT HUMAN RIGHTS
ACTIONABLE ITEMS
A. ESTABLISHMENT OF A NATIONAL WORKING GROUP ON BUSINESS AND HUMAN RIGHTS (NWGBHR)
“The Working Group will have the following responsibilities, among others;
i. To determine the capacity needs of businesses and other agencies in the area of business and human rights.
ii. Conduct capacity-building trainings for different stakeholders on human rights and business using the UNGP framework.” (p.157)

G. EMPLOYMENT
“In relation to employment, the National Working Group on Business and Human Rights will develop Guidance Notes for companies to manage their employment processes in compliance with human rights standards to ensure nondiscrimination and prevent child labor. In doing so, the issues of gender, and disability concerns will be taken into consideration pursuant to relevant provisions of extant Labor Laws.” (p.158-159)

K. MOBLISATION, SENSITIZATION AND AWARENESS CREATION
“Government, through its agencies, will engage in massive mobilization, sensitization and awareness creation on the NAPBHR. The awareness creation will be strategic and involve the three tiers of government.

The National Working Group on Business and Human Rights will enter into negotiation with Manufacturers Association of Nigeria and related bodies to ensure compliance with this plan. It will also carry out robust sensitization of the public to empower them to demand for a letter of contract/engagement from employers irrespective of the nature of duration of the engagement.” (p.159)

M. CAPACITY BUILDING
“The following capacity building needs have been identified:

b. Training business operators to be able to develop a coherent, robust and implementable human rights policy; establish, maintain and monitor their grievance mechanisms. Also, build their capacity on monitoring and reporting compliance with the UNGPs.” (p.160)

N. SECURITY
“When businesses conduct risk assessment, the focus is mainly on the risk posed to their operation within the community without considering the risk their operations pose to communities. This makes them design their security apparatus without community input and consultation.
In addressing the issue of security and human rights in business operations, the Voluntary Principles on Security and Human Rights provides a useful guide. To this end;
i. Government shall fulfill its obligation as the primary provider of security.
ii. Communities will be involved in the design and management of company security.
iii. Government shall provide human rights training for security providers, logistic support and general oversight.
iv. Government shall monitor and ensure that human rights are protected in the provision of security.
v. Security arrangement will be all inclusive and offer protection to business facilities as well as employees, suppliers, contractors and the community.” (p.160)

PILLAR 2 – CORPORATE RESPONSIBILITY TO RESPECT HUMAN RIGHTS
ACTIONABLE ITEMS
D. CAPACITY BUILDING
“Capacity building is critical in ensuring corporate responsibilities to respect human rights. Businesses will build the capacity of their staff in carrying out human rights due diligence and implementing their human rights policy. They NWGBHR will be available to provide the requisite expertise where necessary.”