Nigeria
A NAP on Business and Human Rights was approved by the government in April 2023. It was also included as a chapter in a broader National Action Plan for the Promotion and Protection of Human Rights (2024-2028), which was adopted on 14 January 2024.
Available NAPs
Nigeria: 1st NAP (2024-2028)
NAP Development Process
Status
A NAP on Business and Human Rights was approved by the government in April 2023 and included as a chapter in a broader National Action Plan for the Promotion and Protection of Human Rights (2024-2028), which was adopted on 14 January 2024.
Process
In 2016, the African Centre for Corporate Responsibility partnered with the NHRC to further the NAP development process. The NHRC facilitated a Strategic Multi Stakeholders forum in Abuja, in February 2017. A draft National Action Plan on Business and Human Rights was produced as a result of this consultation.
The annual Roundtable on Business and Human Rights, organised by UN Global Compact Network Nigeria together with other entities (such as the National Human Rights Commission and several CSOs), served as an important forum for discussions, meetings and consultation opportunities from various stakeholders on the NAP on Business and Human Rights. The Roundtable brought together representatives from the business community, government agencies and ministries, civil society, academia and the media to facilitate the understanding of the UNGPs and human rights and business-related issues in Nigeria, including the adoption of a National Action Plan on Business and Human Rights. An article on the 2022 Roundtable and a communique on the 2023 Roundtable are publicly available.
The consultations on the broader NAP on the promotion and protection of human rights were completed in February 2021. After these consultation rounds, a final draft was adopted and submitted to the Federal Executive Council of Nigeria through the Attorney General of the Federation for consideration and approval. The document was approved as Nigeria’s policy document on Human Rights in April 2023. The approved document was then printed and disseminated to stakeholders and the Office of the UN High Commissioner for Human Rights in 2024.
The NAP on Business and Human Rights was included as a chapter in the broader National Action Plan for the Promotion and Protection of Human Rights (2024-2028) which was adopted on 14 January 2024.
Stakeholder Participation
Broader NAP
The first consultative meetings with Ministries, Departments and relevant government agencies took place from January to December in 2014. These meetings were hosted by the National Human Rights Commission. These consultations with government institutions continued over the years to enrich the content of the NAP. Activities on the NAP slowed down in 2019, but continued in 2020, with the final consultation meetings taking place early 2021.
The National Human Rights Commission also held several consultations with civil society organisations from 2015 to 2018. These consultations were aimed at seeking input from various stakeholders in civil society in the development of the draft NAP. These consultations resulted in a forum for identifying areas of improvement to guide the development of the NAP 2024-2028.
Specifically for the chapter on BHR
A strategic multi-stakeholder forum, facilitated by the NHRC, in February 2017.
On 26 October 2022, representatives from the business sector, government, and civil society came together in Lagos for the National Business and Human Rights Roundtable (NBH2R), which was organised by UN Global Compact Network Nigeria in collaboration with Global Rights Nigeria, to align on the implementation of the NAP for Business and Human Rights. The Roundtable offered a forum for motivating corporations and governmental agencies to advance the business and human rights agenda, bringing together various relevant stakeholders to inform on the NAP.
The 2023 National Business and Human Rights Roundtable took place on 17 and 18 August 2023. A communique on the event is available here.
Follow-up, monitoring, reporting and review
The Chapter on Business and Human Rights specifies that specific activities will be designed in consultation with respective sectors, business operators, relevant agencies of government, Civil Society Organisations and Development Partners in order to realize each of the commitments under the three Pillars (protect, respect, and remedy).
One of the actionable items under the State Duty to Protect pertains to the establishment of a National Working Group on Business and Human Rights (NWGBHR), which is tasked with coordinating all activities of agencies that are involved in dealing with human rights and business-related issues. The Working Group shall consist of the National Human Rights Commission (NHRC), government agencies and representatives of relevant Ministries as well as non-governmental organisations. The Working Group has several responsibilities, such as conducting capacity-building trainings for different stakeholders, designing a format for reporting on business and human rights by stakeholders and driving the process of reviewing the NAP periodically.
Additional resources
Government
- National Human Rights Commission, National Action Plan for the Promotion and Protection of Human Rights 2024-2028, NATIONAL ACTION PLAN FOR THE PROMOTION AND PROTECTION OF HUMAN RIGHTS 2024 – 2028 – National Human Rights Commission (nigeriarights.gov.ng)
External updates and commentary
News articles
- Premium Times, ‘Nigeria approves Action Plan 2022-2026 on Human Rights’, Nigeria approves Action Plan 2022-2026 on Human Rights (premiumtimesng.com) (28 April 2023)
- Arise News, ‘Nigeria Okays Human Rights Action Plan 2022-2026 for Citizens’, Nigeria Okays Human Rights Action Plan 2022-2026 for Citizens – Arise News (27 April 2023)
- Communique issued at the 2023 National Business and Human Rights roundtable Lagos, Nigeria, 2023 NBH2R COMMINIQUE – August 2023 (unglobalcompactng.org)
- UN Global Compact Network Nigeria, ‘UN Global Compact Network Nigeria and Global Rights Nigeria call for the Implementation of the National Action Plan for Business and Human Rights’, UN Global Compact Network Nigeria and Global Rights Nigeria call for the Implementation of the National Action Plan for Business and Human Rights – UN Global Compact Network Nigeria (unglobalcompactng.org)
Explore NAP by Issue
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. PILLAR 1 – STATE DUTY TO PROTECT HUMAN RIGHTS 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 PILLAR 1 – STATE DUTY TO PROTECT HUMAN RIGHTS PILLAR 2 – CORPORATE RESPONSIBILITY TO RESPECT HUMAN RIGHTS PILLAR 3 – ACCESS TO REMEDY 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. PILLAR 1 – STATE DUTY TO PROTECT HUMAN RIGHTS J. RESETTLEMENT Where resettlement for business becomes necessary, government and investors will be guided by best practices such as the Principles of Resettlement enunciated by the African Development Bank and the Asian Development Bank.” (p.159) 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. PILLAR 2 – CORPORATE RESPONSIBILITY TO RESPECT HUMAN RIGHTS In the Policy, the rights of staff should be made clear as it relates to respect for human rights. Staff should also be trained on various aspects of human rights especially as it pertains to company operations. It is expected that the policy will clearly allocate roles and responsibilities and state the department(s) in the company that has responsibility for human right issues. This will be applicable to all companies in relation to size, scope of operations and type of business.” (p.162) C. REPORTING HUMAN RIGHTS COMPLIANCE E. GRIEVANCE MECHANISMS F. COMMUNITY RELATIONS 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. PILLAR 3 – ACCESS TO REMEDY 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. The Nigerian NAP on Business and Human Rights does not address Data protection & privacy. 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. PILLAR 1 – STATE DUTY TO PROTECT HUMAN RIGTHS 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 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. The Nigerian NAP on Business and Human Rights does not address the Energy Sector. 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 PILLAR 1 – STATE DUTY TO PROTECT HUMAN RIGHTS 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 PILLAR 1 – STATE DUTY TO PROTECT HUMAN RIGHTS 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. The Nigerian NAP on Business and Human Rights does not address Export Credit. 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 PILLAR 1 – STATE DUTY TO PROTECT HUMAN RIGHTS 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. PILLAR 3 – ACCESS TO REMEDY 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 PILLAR 1 – STATE DUTY TO PROTECT HUMAN RIGHTS 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) J. RESETTLEMENT 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. The Nigerian NAP on Business and Human Rights does not address Fisheries and aquaculture. 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. PILLAR 1 – STATE DUTY TO PROTECT HUMAN RIGHTS 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 PILLAR 1 – STATE DUTY TO PROTECT HUMAN RIGHTS 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. The Nigerian NAP on Business and Human Rights does not address the Garment, Textile and Footwear sector. 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 PILLAR 1 – STATE DUTY TO PROTECT HUMAN RIGHTS PILLAR 2 – CORPORATE RESPONSIBILITY TO RESPECT HUMAN RIGHTS 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 PILLAR 1 – STATE DUTY TO PROTECT HUMAN RIGHTS G. EMPLOYMENT K. MOBLISATION, SENSITIZATION AND AWARENESS CREATION 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 N. SECURITY PILLAR 2 – CORPORATE RESPONSIBILITY TO RESPECT HUMAN RIGHTS 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. The Nigerian NAP on Business and Human Rights does not address Health and social care. 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 PILLAR 1 – STATE DUTY TO PROTECT HUMAN RIGHTS 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. PILLAR 1 – STATE DUTY TO PROTECT HUMAN RIGHTS 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. The Nigerian NAP on Business and Human Rights does not address Investment treaties and investor-state dispute settlement (ISDS). Read more about Investment treaties & investor-state dispute settlements 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 PILLAR 1 – STATE DUTY TO PROTECT HUMAN RIGHTS PILLAR 2 – CORPORATE RESPONSIBILITY TO RESPECT HUMAN RIGHTS PILLAR 3 – ACCESS TO REMEDY A. STATE BASED-JUDICIAL MECHANISM To address these challenges, the NWAGBHR shall carry out intensive advocacy to the Judiciary in order to effect the issuance of ‘Practice Directions’ that will facilitate speedy resolution of cases of human rights violations by businesses. There will also be a continues sensitization of judges and magistrates on the Action Plan. In addition, Alternative Dispute Resolution approaches will be encouraged. The NWGBHR shall organise Consultative Engagement Sessions for Judicial Officers at various levels on addressing the problem of delay in resolving business related human rights cases. The NWGBHR shall encourage Strategic Litigation, not just municipally where these businesses are carried out, but also in the home countries of the respective multinational companies in instances where the violation is caused by transnational corporations. Such litigation would raise awareness on corporate liability for human rights abuses. The Working Group will liaise with the Nigerian Bar Association to explore possibilities of Legal Aid to indigent persons or communities who are adversely affected by business operations but unable to pursue remedy due to cost.” (p.164) B. STATE-BASED NON-JUDICIAL MECHANISM 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 PILLAR 1 – STATE DUTY TO PROTECT HUMAN RIGHTS F. ENVIRONMENT 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. PILLAR 1 – STATE DUTY TO PROTECT HUMAN RIGHTS 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. The Nigerian NAP on Business and Human Rights does not address Migrant workers. 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. PILLAR 3 – ACCESS TO REMEDY Read more about National Human Rights Institutions/ Ombudspersons 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 PILLAR 1 – STATE DUTY TO PROTECT HUMAN RIGHTS PILLAR 1 – STATE DUTY TO PROTECT HUMAN RIGHTS M. CAPACITY BUILDING PILLAR 2 – CORPORATE RESPONSIBILITY TO RESPECT HUMAN RIGHTS E. GRIEVANCE MECHANISMS 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 PILLAR 1 – STATE DUTY TO PROTECT HUMAN RIGHTS M. CAPACITY BUILDING PILLAR 3 – ACCES TO REMEDY Access to remedy includes legal, administrative, judicial and non-judical [sic] remedy. B. STATE-BASED NON-JUDICIAL MECHANISM In order to improve the effectiveness of State Based non-judicial mechanism, the following plan of action will be implemented: 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. Nigeria is not an adherent to the OECD and the Nigerian NAP on Business and Human Rights does not address OECD National Contact Points (NCPs). 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. The Nigerian NAP on Business and Human Rights does not address Persons with disabilities. 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 PILLAR 1 – STATE DUTY TO PROTECT HUMAN RIGHTS ACTIONABLE ITEMS This composition will be replicated in the states. The Working Group will have the following responsibilities, among others; PILLAR 3 – ACCES TO REMEDY 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. The Nigerian NAP on Business and Human Rights does not address this issue. 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. PILLAR 1 – STATE DUTY TO PROTECT HUMAN RIGHTS PILLAR 2 – CORPORATE RESPONSIBILITY TO RESPECT HUMAN RIGHTS 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 PILLAR 1 – STATE DUTY TO PROTECT HUMAN RIGHTS 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; 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. The Nigerian NAP on Business and Human Rights does not address Small and medium enterprises (SMEs). 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. PILLAR 2 – CORPORATE RESPONSIBILITY TO RESPECT HUMAN RIGHTS Read more about State Owned Enterprises/ Public Private Partnerships 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 PILLAR 2 – CORPORATE RESPONSIBILITY TO RESPECT HUMAN RIGHTS In the Policy, the rights of staff should be made clear as it relates to respect for human rights. Staff should also be trained on various aspects of human rights especially as it pertains to company operations. It is expected that the policy will clearly allocate roles and responsibilities and state the department(s) in the company that has responsibility for human right issues. This will be applicable to all companies in relation to size, scope of operations and type of business.” (p.162) 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. The Nigerian NAP on Business and Human Rights does not address Tax. 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. The Nigerian NAP on Business and Human Rights does not address the 2030 Agenda for Sustainable Development or SDGs. 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. The Nigerian NAP on Business and Human Rights does not address Tourism. 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. The Nigerian NAP on Business and Human Rights does not address Trade. 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 PILLAR 1 – STATE DUTY TO PROTECT HUMAN RIGHTS F. ENVIRONMENT 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. G. EMPLOYMENT H. CASUALIZATION OF CONTRACT OF EMPLOYMENT I. GENDER K. MOBILISATION, SENSITIZATION AND AWARENESS CREATION 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.” N. SECURITY 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; PILLAR 2 – CORPORATE RESPONSIBILITY TO RESPECT HUMAN RIGHTS In the Policy, the rights of staff should be made clear as it relates to respect for human rights. Staff should also be trained on various aspects of human rights especially as it pertains to company operations. It is expected that the policy will clearly allocate roles and responsibilities and state the department(s) in the company that has responsibility for human right issues. This will be applicable to all companies in relation to size, scope of operations and type of business.” (p.162) F. COMMUNITY RELATIONS 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) PILLAR 3 – ACCESS TO REMEDYChildren’s rights
ACTIONABLE ITEMS
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, 159 the issues of gender, and disability concerns will be taken into consideration pursuant to relevant provisions of extant Labor Laws.” (p.158)Conflict-affected areas
…
“i. Lack of Adequate human rights, conflict and environmental impact assessment when land is being acquired for development or business purpose.
…
o. Lack of involvement and inclusion of the community in the design and management of security architecture and operation of business that they host.
p. Lack of human rights training for security providers in their logistic support and general oversight, including the Nigeria Security and Civil Defense Corps (NSCDC).
q. Lack of inclusive security coverage for every entity in the business value Chain including business facilities, employees, suppliers, contractors, infrastructure and the community.
r. Inability of Government to adequately monitor and ensure human rights are protected in the provision of security.
s. Lack of partnership between businesses and public security.” (p.154-155)
ACTIONABLE ITEMS
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)
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.” (p.163)
B. STATE-BASED NON-JUDICIAL MECHANISM
“In order to improve the effectiveness of State Based non-judicial mechanism, the following plan of action will be implemented:
…Construction sector
ACTIONABLE ITEMS
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)
“Efforts will be made to minimize the negative impact of resettlement. Emphasis must be on the livelihood system of affected communities. Under business and human rights, Nigeria’s handling of the resettlement of Bonny and Finima during the construction of the Nigeria Liquefied Natural Gas Project has been acknowledged as a best practice case study.Corporate law & corporate governance
ACTIONABLE ITEMS
A. POLICY
“Every company will have a clear, simple and understandable human rights policy within their value chain that reflects their commitment to promote human rights in their operations. This policy shall guide all operations of the business and should be conspicuously displayed either on the website, gate or reception area of the company.
“Business operating in Nigeria will be obligated to report on their human rights compliance, annually. The National Working Group on Business and Human Rights will work closely with various regulatory agencies to incorporate human rights reporting and monitoring template in their regulatory framework. Appropriate sector specific template and checklist will be developed for this with input from relevant stakeholders in respective sectors.” (p.162)
“Businesses are obligated to have an Operational Level Grievance Mechanism. A system shall be put in place for the monitoring and reporting of the activities of the grievance mechanism. This will be established in line with the Eight Effectiveness Criteria of the UNGP and in consultation with the target group. A system shall also be put in place for the monitoring and reporting of the activities of the grievance mechanism to identify issues and areas that require administrative, policy or legislative intervention.” (p.163)
“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)Corruption
A. STATE BASED-JUDICIAL MECHANISM
“State-Based Judicial Mechanism are faced with a number of challenges associated with general justice delivery in Nigeria. These challenges include, delay in the judicial process, overbearing political interference, lack of judicial independence, judicial corruption, low level of judicial awareness of the UNGPs etc. To address these challenges, the NWAGBHR shall carry out intensive advocacy to the Judiciary in order to effect the issuance of ‘Practice Directions’ that will facilitate speedy resolution of cases of human rights violations by businesses. There will also be a continues sensitization of judges and magistrates on the Action Plan. In addition, Alternative Dispute Resolution approaches will be encouraged.” (p.164)Data protection & privacy
Development finance institutions
ACTIONABLE ITEMS
J. RESETTLEMENT
“Efforts will be made to minimize the negative impact of resettlement. Emphasis must be on the livelihood system of affected communities. Under business and human rights, Nigeria’s handling of the resettlement of Bonny and Finima during the construction of the Nigeria Liquefied Natural Gas Project has been acknowledged as a best practice case study. Where resettlement for business becomes necessary, government and investors will be guided by best practices such as the Principles of Resettlement enunciated by the African Development Bank and the Asian Development Bank.” (p.159)Digital technology & electronics sector
“a. Casualisation of employment, especially in the oil and gas sector as well as the telecommunications, banking and financial services sectors.” (p.154)Energy sector
Environment & climate change
…
“i. Lack of Adequate human rights, conflict and environmental impact assessment when land is being acquired for development or business purpose.” (p.154)
ACTIONABLE ITEMS
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)Equality & non-discrimination
…
“b. Contradictions in the provisions of Nigerian Labor Act with regards to freedom of discrimination on basis of sex at place of employment as provided by Section 42 of the Nigerian Constitution.” (p.154)
ACTIONABLE ITEMS
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)
…
I. GENDER
“There will be deliberate measures to mainstream gender considerations in Business and Human Rights. Government and Business should ensure that in the award of scholarship or other benefits, employment, contracts and compensation, special consideration should be taken to cater for the interest of women. Accordingly, in all meetings, consultations, dialogue or negotiation, women should represent themselves. In addition, labour practices that are discriminatory to women with respect to employment, promotion and incentives, will be addressed and eliminated.” (p.159)Export credit
Extractives sector
“a. Casualisation of employment, especially in the oil and gas sector as well as the telecommunications, banking and financial services sectors.
…
e. Ratification of Convention 176(safety and health in mines 1995).” (p.154)
ACTIONABLE ITEMS
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)
…
J. RESETTLEMENT
“Efforts will be made to minimize the negative impact of resettlement. Emphasis must be on the livelihood system of affected communities. Under business and human rights, Nigeria’s handling of the resettlement of Bonny and Finima during the construction of the Nigeria Liquefied Natural Gas Project has been acknowledged as a best practice case study. Where resettlement for business becomes necessary, government and investors will be guided by best practices such as the Principles of Resettlement enunciated by the African Development Bank and the Asian Development Bank.” (p.159)Extraterritorial jurisdiction
A. STATE BASED-JUDICIAL MECHANISM
The National Working Group on Business and Human Rights (NWGBHR) “shall encourage Strategic Litigation, not just municipally where these businesses are carried out, but also in the home countries of the respective multinational companies in instances where the violation is caused by transnational corporations. Such litigation would raise awareness on corporate liability for human rights abuses. The Working Group will liaise with the Nigerian Bar Association to explore possibilities of Legal Aid to indigent persons or communities who are adversely affected by business operations but unable to pursue remedy due to cost.” (p.164)Finance & banking sector
“a. Casualisation of employment, especially in the oil and gas sector as well as the telecommunications, banking and financial services sectors.” (p.154)
…
ACTIONABLE ITEMS
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.
“Efforts will be made to minimize the negative impact of resettlement. Emphasis must be on the livelihood system of affected communities. Under business and human rights, Nigeria’s handling of the resettlement of Bonny and Finima during the construction of the Nigeria Liquefied Natural Gas Project has been acknowledged as a best practice case study. Where resettlement for business becomes necessary, government and investors will be guided by best practices such as the Principles of Resettlement enunciated by the African Development Bank and the Asian Development Bank.” (p.159)Fisheries and aquaculture sectors
Forced labour & modern slavery
ACTIONABLE ITEMS
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, 159 the issues of gender, and disability concerns will be taken into consideration pursuant to relevant provisions of extant Labor Laws.” (p.158)Freedom of association
…
“g. Challenges regarding Freedom of Association under the Trade Union (Amendment) Act (2005).” (p.154)
ACTIONABLE ITEMS
B. LEGISLATION AND POLICES
“Government shall improve human rights protection in business through legislation, policy initiatives, programmes and seminars interventions in the following ways:
…
d. Review the Trade Union Act (2005) to address the challenges of freedom of association, the rights to collective bargaining and the right to strike actions.” (p.157)Garment, Textile and Footwear Sector
Gender & women’s rights
…
“b. Contradictions in the provisions of Nigerian Labor Act with regards to freedom of discrimination on basis of sex at place of employment as provided by Section 42 of the Nigerian Constitution.” (p.154)
ACTIONABLE ITEMS
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.159)
…
I. GENDER
“There will be deliberate measures to mainstream gender considerations in Business and Human Rights. Government and Business should ensure that in the award of scholarship or other benefits, employment, contracts and compensation, special consideration should be taken to cater for the interest of women. Accordingly, in all meetings, consultations, dialogue or negotiation, women should represent themselves. In addition, labour practices that are discriminatory to women with respect to employment, promotion and incentives, will be addressed and eliminated.” (p.159)
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)Guidance to business
…
“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)
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)
“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)
“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 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)
“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)
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.”Health and social care
Human rights defenders & whistle-blowers
…
“h. The limitation of Freedom of Information Act (2011) to only public institutions, including the lack of whistleblower Protection Law.” (p.154)
ACTIONABLE ITEMS
B. LEGISLATION AND POLICES
“Government shall improve human rights protection in business through legislation, policy initiatives, programmes and seminars interventions in the following ways:
…
e. Enact Whistleblower Protection Laws at the Federal and State levels to protect whistleblowers from any form of victimization or retaliation and encourage employees of both public and private sectors to report cases of human rights abuses and violation without fear of losing their jobs.” (p.157)Indigenous peoples
ACTIONABLE ITEMS
D. FREE, PRIOR AND INFORMED CONSENT
“Free, Prior and Informed Consent (FPIC) of the host community must be ensured to enable a community have the right to give or withhold consent to proposed project that may affect the lands they customarily own, or otherwise use. FPIC is recognized by the jurisprudence of international treaty bodies. To do this government will use participatory methods of stakeholder identification and analysis to ensure that before the commencement of any project. In this regards, it is necessary to build the capacity of community leaders and decision makers to negotiate with businesses and ensure that their rights and protected at all times.” (p.158)Investment treaties & investor-state dispute settlements
Judicial remedy
“c. Cost of litigation is a major impediment to access to remedy for victims of business human rights abuses.
d. Enforcement of judgment of court for successful litigants.
…
w. Violation of rights to fair hearing by the courts.” (p.154-155)
ACTIONABLE ITEMS
M. CAPACITY BUILDING
“The following capacity building needs have been identified:
…
a. Training of Judges to mainstream the norms and tenets of human in their decisions when considering business related human rights cases.
c. Regulatory agencies should be strengthened to enable them monitor and evaluate the implementation of NAPBHR and also provide remedies when violations occur” (p.160)
ACTIONABLE ITEMS
E. GRIEVANCE MECHANISMS
“Businesses are obligated to have an Operational Level Grievance Mechanism. A system shall be put in place for the monitoring and reporting of the activities of the grievance mechanism. This will be established in line with the Eight Effectiveness Criteria of the UNGP and in consultation with the target group. A system shall also be put in place for the monitoring and reporting of the activities of the grievance mechanism to identify issues and areas that require administrative, policy or legislative intervention.” (p.163)
“Access to remedy for communities or persons who are victims of adverse impact of business operations can be through the following framework;
i. State-Based Judicial Mechanism
ii. State-Based Non-Judicial Mechanis [sic]
iii. Non-State-Based Grievance
Access to remedy includes legal, administrative, judicial and non-judical [sic] remedy.
State-Based Judicial Mechanism are faced with a number of challenges associated with general justice delivery in Nigeria. These challenges include, delay in the judicial process, overbearing political interference, lack of judicial independence, judicial corruption, low level of judicial awareness of the UNGPs etc.
“In order to improve the effectiveness of State Based non-judicial mechanism, the following plan of action will be implemented:
…Land
…
“i. Lack of Adequate human rights, conflict and environmental impact assessment when land is being acquired for development or business purpose. (p.154)
j. Lack of government involvement in observing stakeholder’s engagement and consultation to the detriment of the host communities.” (p.154)
ACTIONABLE ITEMS
D. FREE, PRIOR AND INFORMED CONSENT
“Free, Prior and Informed Consent (FPIC) of the host community must be ensured to enable a community have the right to give or withhold consent to proposed project that may affect the lands they customarily own, or otherwise use. FPIC is recognized by the jurisprudence of international treaty bodies. To do this government will use participatory methods of stakeholder identification and analysis to ensure that before the commencement of any project. In this regards, it is necessary to build the capacity of community leaders and decision makers to negotiate with businesses and ensure that their rights and protected at all times.” (p.158)
“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)Mandatory human rights due diligence
ACTIONABLE ITEMS
B. LEGLISLATION AND POLICIES
“Government shall improve human rights protection in business through legislation, policy initiatives, programmes and seminars interventions in the following ways:
a. Enforce and review existing laws or enact new legislation that require businesses to respect human rights in their operations.” (p. 157)Migrant workers
National Human Rights Institutions/ Ombudspersons
B. STATE-BASED NON-JUDICIAL MECHANISM
“These consist of State Agencies which though non judicial, exercise statutory powers and regulatory functions pertaining to Business and Human Rights. They have the potential of addressing the greatest number of human rights violations by businesses because they exercise statutory powers and regulatory functions. They include the following:
i. National Human Rights Commission (NHRC)
…
In order to improve the effectiveness of State Based non-judicial mechanism, the following plan of action will be implemented:
…Non-financial reporting
…
“l. Lack of effective, transparent, sustainable grievance mechanisms for businesses to address conflicts with communities including documenting and reporting of activities of settlement
…
t. Lack of a realistic, implementable business and human rights reporting mechanism for businesses to report on their business and human rights situation.” (p.154-155)
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;
…
iii. Design and agree on a format for reporting human rights and business by stakeholders.
iv. Review the reports periodically and provide technical support for stakeholders in their area of need.” (p.157)
ACTIONABLE ITEMS
B. LEGLISLATION AND POLICIES
“Government shall improve human rights protection in business through legislation, policy initiatives, programmes and seminars interventions in the following ways:
…
c. Mandate businesses to communicate how they address human rights impact of their operations.” (p. 157)
“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)
ACTIONABLE ITEMS
C. REPORTING HUMAN RIGHTS COMPLIANCE
“Business operating in Nigeria will be obligated to report on their human rights compliance, annually. The National Working Group on Business and Human Rights will work closely with various regulatory agencies to incorporate human rights reporting and monitoring template in their regulatory framework. Appropriate sector specific template and checklist will be developed for this with input from relevant stakeholders in respective sectors.”
“Businesses are obligated to have an Operational Level Grievance Mechanism. A system shall be put in place for the monitoring and reporting of the activities of the grievance mechanism. This will be established in line with the Eight Effectiveness Criteria of the UNGP and in consultation with the target group. A system shall also be put in place for the monitoring and reporting of the activities of the grievance mechanism to identify issues and areas that require administrative, policy or legislative intervention.” (p.162-163)Non-judicial grievance mechanisms
…
“l. Lack of effective, transparent, sustainable grievance mechanisms for businesses to address conflicts with communities including documenting and reporting of activities of settlement.” (p.155)
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;
…
vi. Periodically assess and support the establishment of grievance mechanisms in companies.”
“The following capacity building needs have been identified:
…
c. Regulatory agencies should be strengthened to enable them monitor and evaluate the implementation of NAPBHR and also provide remedies when violations occur” (p.160)
“Access to remedy for communities or persons who are victims of adverse impact of business operations can be through the following framework;
i. State-Based Judicial Mechanism
ii. State-Based Non-Judicial Mechanis [sic]
iii. Non-State-Based Grievance
These consist of State Agencies which though non judicial, exercise statutory powers and regulatory functions pertaining to Business and Human Rights. They have the potential of addressing the greatest number of human rights violations by businesses because they exercise statutory powers and regulatory functions.
They include the following:
i. National Human Rights Commission (NHRC)
ii. Public Complaints Commission (PCC)
iii. National Oil Spill Detection and Response Agency (NOSDRA)
iv. Consumer Protection Council (CPC)
v. Nigerian Communications Commission (NCC)
vi. National Administration of Food and Drug Control (NAFDAC)
vii. National Bio-Safety Management Agency
viii. National Environmental Standard and Regulatory Enforcement Agency (NESREA)
ix. Standards Organisation of Nigeria (SON)
x. Central Bank of Nigeria (CBN)
xi. Corporate Affairs Commission (CAC)
xii. Nigerian National Petroleum Corporation (NNPC)
xiii. Department of Petroleum Resources (DPR)
C. NON-STATE BASED GRIEVANCE MECHANISM
“The law cannot take care of all the complexities of the relationship between the community, the state and corporations. This therefore necessitates the adoption of some non-state-based grievance mechanism to fill the gap. These include all the centres and agencies established by companies, NGOs, Media, CSOs, Labour Unions, Faith-Based Orgsanisations, communities and other sundry agencies. Some of them are formal and some are informal in their operations. Some specialize in advisory services and the provision of information, while others are mainly concerned with referral and monitoring.” (p.165)OECD National Contact Points
Persons with disabilities
Policy coherence
…
“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)
“[…] In line with State Duty to Protect, there should be legislative and policy coherence to ensure that state human rights obligations are complied with and applied effectively.” (p.156)
A. ESTABLISHMENT OF A NATIONAL WORKING GROUP ON BUSINESS AND HUMAN RIGHTS (NWGBHR)
“The government shall establish a National Working Group on Business and Human Rights (NWGBHR) to coordinate all activities of agencies that are involved in dealing with human rights and business-related issues. Membership of the Working Group shall include the following:
i. Ministry of Justice
ii. National Human Rights Commission (NHRC)
iii. Ministry of Trade, Industry and Investment
iv. Ministry of Mines and Power
v. Ministry of Petroleum Resource
vi. Ministry of Environment
vii. Ministry of Labour and Productivity
viii. Ministry of Niger-Delta
ix. Ministry of Environment
x. Consumer Protection Council (CPC)
xi. Corporate Affairs Commission (CAC)
xii. National Environmental Standard Regulatory and Enforcement Agency (NESREA)
xiii. National Oil Spill Detection and Response Agency (NOSDRA)
xiv. Niger-Delta Development Commission (NDDC)
xv. National Agency for Drug Administration and Control (NAFDAC)
xvi. Standard Organization of Nigeria (SON)
xvii. Nigerian Investment Promotion Council (NIPC)
xviii. Nigerian Bar Association (NBA)
xix. National Association of Chambers of Commerce, Industry, Mines and Agriculture (NACCIMA)
xx. National Electricity Regulatory Commission (NERC)
xxi. Federal Airport Authority of Nigeria (FAAN)
xxii. Manufacturers Association of Nigeria (MAN)
xxiii. Nigeria Labour Congress (NLC)
xxiv. Non-Governmental Organization with focus on Human Rights and Business, gender, environment and development.
xxv. Any other relevant organization.
iii. To determine the capacity needs of businesses and other agencies in the area of business and human rights.
iv. Conduct capacity-building trainings for different stakeholders on human rights and business using the UNGP framework.
v. Design and agree on a format for reporting human rights and business by stakeholders.
vi. Review the reports periodically and provide technical support for stakeholders in their area of need.
vii. Drive the process of reviewing the NAP periodically.
viii. Periodically assess and support the establishment of grievance mechanisms in companies.
ix. Oversight companies’ human rights Due Diligence activities and Human Rights Impact Assessment.
x. Convene an Annual Business and Human Rights Forum to review developments in the Field
xi. Support research and academic work on Business and Human Rights.” (p.156-157)
B. STATE-BASED NON-JUDICIAL MECHANISM
“In order to improve the effectiveness of State Based non-judicial mechanism, the following plan of action will be implemented:
…Privatisation
Public procurement
ACTIONABLE ITEMS
B. LEGLISLATION AND POLICIES
“The Federal Government of Nigeria and all state governments to include in all contracts, Memoranda of Understanding and other business-related policy documents, a clause that clearly spells out the human rights obligations of the parities including possible sanctions for violations.”
ACTIONABLE ITEMS
B. DUE DILIGENCE FOR HUMAN RIGHTS
“…Where a state directly engages in business, government assumes dual roles- i.e. the International Human Rights obligation to Protect is retained; and having delved into business, it also has additional obligation to Respect Human Rights from a corporate perspective.” (p.162)Security sector
…
“o. Lack of involvement and inclusion of the community in the design and management of security architecture and operation of business that they host.
p. Lack of human rights training for security providers in their logistic support and general oversight, including the Nigeria Security and Civil Defense Corps (NSCDC).
q. Lack of inclusive security coverage for every entity in the business value Chain including business facilities, employees, suppliers, contractors, infrastructure and the community.
r. Inability of Government to adequately monitor and ensure human rights are protected in the provision of security.
s. Lack of partnership between businesses and public security.” (p.154-155)
ACTIONABLE ITEMS
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.
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.160-161)Small & medium-sized enterprises
State Owned Enterprises/ Public Private Partnerships
ACTIONABLE ITEMS
B. DUE DILIGENCE FOR HUMAN RIGHTS
“…Where a state directly engages in business, government assumes dual roles- i.e. the International Human Rights obligation to Protect is retained; and having delved into business, it also has additional obligation to Respect Human Rights from a corporate perspective.” (p.162)Supply chains
…
“q. Lack of inclusive security coverage for every entity in the business value Chain including business facilities, employees, suppliers, contractors, infrastructure and the community.” (p.155)
ACTIONABLE ITEMS
A. POLICY
“Every company will have a clear, simple and understandable human rights policy within their value chain that reflects their commitment to promote human rights in their operations. This policy shall guide all operations of the business and should be conspicuously displayed either on the website, gate or reception area of the company.Taxation
The 2030 Agenda for Sustainable Development
Tourism sector
Trade
Workers’ rights
“a. Casualisation of employment, especially in the oil and gas sector, as well as the telecommunications, banking and financial services sectors.
b. Contradictions in the provisions of Nigerian Labour Act with regards to freedom of discrimination on basis of sex at place of employment as provided by Section 42 of the Nigerian Constitution.
…
g. Challenges regarding Freedom of Association under the Trade Union (Amendment) Act, 2005.
…
m. Businesses not taking the Local Content Act 2010 into consideration in their employment process.
n. Certain laws on business and employment being obsolete and not aligned to international standards is listed as one of the challenges in paragraph 8.6.
…
q. Lack of inclusive security coverage for every entity in the business value Chain including business facilities, employees, suppliers, contractors, infrastructure and the community.” (p.154-155)
ACTIONABLE ITEMS
B. LEGISLATION AND POLICES
“Government shall improve human rights protection in business through legislation, policy initiatives, programmes and seminars interventions in the following ways:
…
d. Review the Trade Union Act (2005) to address the challenges of freedom of association, the rights to collective bargaining and the right to strike actions.
e. Enact Whistleblower Protection Laws at the Federal and State levels to protect whistleblowers from any form of victimization or retaliation and encourage employees of both public and private sectors to report cases of human rights abuses and violation without fear of losing their jobs.” (p.157)
“When acquiring land for development or business, government must ensure the conduct of human rights conflict and environmental impact assessment.
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.
The Ministry of Labour and Employment should take steps to curb the incidence of Casualisation in labour as well as hazardous workplace practices. Accordingly, it should strengthen its monitoring and implementation processes to give effect to applicable laws. Where the laws are not in compliance with human rights standard, they should be reviewed. Adequate education of the public should be carried out to empower them to demand for a letter of contract/engagement from employers irrespective of the nature or duration of the engagement.
There will be deliberate measures to mainstream gender considerations in Business and Human Rights. Government and Business should ensure that in the award of scholarship or other benefits, employment, contracts and compensation, special consideration should be taken to cater for the interest of women. Accordingly, in all meetings, consultations, dialogue or negotiation, women should represent themselves. In addition, labour practices that are discriminatory to women with respect to employment, promotion and incentives, will be addressed and eliminated.” (p.158-159)
“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.
“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.
…
v. Security arrangement will be all inclusive and offer protection to business facilities as well as employees, suppliers, contractors and the community.” (p.160-161)
ACTIONABLE ITEMS
A. POLICY
“Every company will have a clear, simple and understandable human rights policy within their value chain that reflects their commitment to promote human rights in their operations. This policy shall guide all operations of the business and should be conspicuously displayed either on the website, gate or reception area of the company.
“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.
C. NON-STATE BASED GRIEVANCE MECHANISM
“The law cannot take care of all the complexities of the relationship between the community, the state and corporations. This therefore necessitates the adoption of some non-state-based grievance mechanism to fill the gap. These include all the centres and agencies established by companies, NGOs, Media, CSOs, Labour Unions, Faith-Based Orgsanisations, communities and other sundry agencies. Some of them are formal and some are informal in their operations. Some specialize in advisory services and the provision of information, while others are mainly concerned with referral and monitoring.” (p.165)
