Nigeria – HRIA

he 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
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“i. Lack of Adequate human rights, conflict and environmental impact assessment when land is being acquired for development or business purpose.” (p.154)

PILLAR 1 – STATE DUTY TO PROTCT 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;
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vii. Oversight companies’ human rights Due Diligence activities and Human Rights Impact Assessment.” (p.157)

B. LEGISLATION AND POLICES
“Government shall improve human rights protection in business through legislation, policy initiatives, programmes and seminars interventions in the following ways:
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b. Ensure that all businesses carry out Human Rights Impact Assessment before commencement of business while those already in business should do so within 2 years.” (p.157)

C. DUE DILIGENCE FOR HUMAN RIGHTS
“Regulatory bodies and agencies shall endure the conduct of Human Rights Due Diligence and Human Rights Impact Assessment in all business operations.

The Central Bank of Nigeria shall ensure that in every loan agreement in all banks, as part of the conditions for the loan facility, there is a clause that spells pout that the loan receiver for business is under obligation to respect human rights in all operations.

Similarly, specialized banks and other financial institutions such as Bank of Agriculture, bank of Industry, and Nigerian Agricultural Insurance Corporation etc. must ensure that as part of their risk assessment and due diligence the client must show that it has a human rights policy and that it has taken measures to conduct human rights due diligence and human rights impact assessment.” (p.158)

F. ENVIRONMENT
“When acquiring land for development or business, government must ensure the conduct of human rights conflict and environmental impact assessment. In respect of environmental hazards and workplace safety, there will be periodic monitoring and inspection of company premises, operations and surroundings of manufacturing, construction, and extractive industries among others to ascertain their compliance with environmental standards.” (p.158)

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
F. COMMUNITY RELATIONS
“Business must have a Community Relations Guidelines. This will be developed in conjunction with the community stakeholders. The Community Relations Guidelines shall draw from the report of the Human Rights Due Diligence (HRDD) and Human Rights Impact Assessment (HRIA). The company is also expected to conduct Peace and Conflict Assessment (PCAI) as part of their entry strategy. They extent of these assessments will depend on the kind of business the company is involved in. The Community Relations Guidelines shall provide for such things as employment, community development, contracts, scholarships etc. to ensure inclusiveness, gender consideration and board representation of all interest shall be taken into account.” (p.163)