Nigeria

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
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)

Read more about Children’s 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
…
“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)

PILLAR 1 – STATE DUTY TO PROTECT HUMAN RIGHTS
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)

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.” (p.163)

PILLAR 3 – ACCESS TO 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:
…

2. Strengthening of the Institute for Peace and Conflict Resolution (IPCR) through capacity building and close partnership to enable the organization to work more effectively with communities, state and businesses to resolve conflicts efficiently.” (p.165)

Read more about Conflict-affected areas

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
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)

Read more about Construction 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.

PILLAR 2 – CORPORATE RESPONSIBILITY TO RESPECT HUMAN RIGHTS
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.

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
“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)

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)

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)

Read more about Corporate law & corporate governance

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
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)

Read more about Corruption

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.

Read more about 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
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)

Read more about Development finance institutions

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
“a. Casualisation of employment, especially in the oil and gas sector as well as the telecommunications, banking and financial services sectors.” (p.154)

Read more about Digital technology & electronics 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.

The Nigerian NAP on Business and Human Rights does not address the Energy Sector.

Read more about 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
…
“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 PROTECT HUMAN RIGHTS
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)

Read more about Environment & climate change

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
…
“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)

PILLAR 1 – STATE DUTY TO PROTECT HUMAN 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, 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)

Read more about Equality & non-discrimination

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.

Read more about 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
“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)

PILLAR 1 – STATE DUTY TO PROTECT HUMAN RIGHTS
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)

Read more about Extractives 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.

PILLAR 3 – ACCESS TO REMEDY
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)

Read more about Extraterritorial jurisdiction

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
“a. Casualisation of employment, especially in the oil and gas sector as well as the telecommunications, banking and financial services sectors.” (p.154)
…

PILLAR 1 – STATE DUTY TO PROTECT HUMAN RIGHTS
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.

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
“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)

Read more about Finance & banking 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.

The Nigerian NAP on Business and Human Rights does not address Fisheries and aquaculture.

Read more about Fisheries and aquaculture sectors

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
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)

Read more about Forced labour & modern slavery

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
…
“g. Challenges regarding Freedom of Association under the Trade Union (Amendment) Act (2005).” (p.154)

PILLAR 1 – STATE DUTY TO PROTECT HUMAN RIGHTS
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)

Read more about Freedom of association

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.

Read more about 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
…
“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)

PILLAR 1 – STATE DUTY TO PROTECT HUMAN 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, 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)

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)

Read more about Gender & women’s 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
…
“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.”

Read more about Guidance to business

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.

Read more about 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
…
“h. The limitation of Freedom of Information Act (2011) to only public institutions, including the lack of whistleblower Protection Law.” (p.154)

PILLAR 1 – STATE DUTY TO PROTECT HUMAN RIGHTS
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)

Read more about Human rights defenders & whistle-blowers

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
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)

Read more about Indigenous Peoples

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
“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)

PILLAR 1 – STATE DUTY TO PROTECT HUMAN RIGHTS
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)

PILLAR 2 – CORPORATE RESPONSIBILITY TO RESPECT HUMAN RIGHTS
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)

PILLAR 3 – ACCESS TO REMEDY
“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.

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.

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
“In order to improve the effectiveness of State Based non-judicial mechanism, the following plan of action will be implemented:
…

3. Strengthening of the National Human Rights Commission to discharge its quasi-judicial responsibilities in addressing human rights violations by businesses; and rendering of effective remedy.” (p.165)

Read more about Judicial 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.

8.6 CHALLENGES
…
“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)

PILLAR 1 – STATE DUTY TO PROTECT HUMAN RIGHTS
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)

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)

Read more about Land

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
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)

Read more about Mandatory human rights due diligence

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.

Read more about 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
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:
…

3. Strengthening of the National Human Rights Commission to discharge its quasi-judicial responsibilities in addressing human rights violations by businesses; and rendering of effective remedy.” (p.164-165)

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
…
“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)

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;
…
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)

PILLAR 1 – STATE DUTY TO PROTECT HUMAN RIGHTS
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)

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)

PILLAR 2 – CORPORATE RESPONSIBILITY TO RESPECT HUMAN RIGHTS
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.”

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.162-163)

Read more about Non-financial reporting

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
…
“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)

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;
…
vi. Periodically assess and support the establishment of grievance mechanisms in companies.”

M. CAPACITY BUILDING
“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)

PILLAR 3 – ACCES TO REMEDY
“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.

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)
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)

In order to improve the effectiveness of State Based non-judicial mechanism, the following plan of action will be implemented:

1. Capacity-building for these agencies to enable them appreciate the human rights component of their mandate and enhance their ability to offer remedy pursuant to their statutory functions
2. Strengthening of the Institute for Peace and Conflict Resolution (IPCR) through capacity building and close partnership to enable the organization to work more effectively with communities, state and businesses to resolve conflicts efficiently.
3. Strengthening of the National Human Rights Commission to discharge its quasi-judicial responsibilities in addressing human rights violations by businesses; and rendering of effective remedy.
4. Convening of periodic meeting of regulatory bodies whose functions are relevant.
5. Mapping of these bodies to clearly identify them and properly delineate their mandates so that their operations may be streamlined for speed and efficiency in relation to business and human rights related remedy.
6. Scale up of Community Sensitization on the functions of various agencies.
7. Collation of reports and feedback on progress made by State Based non- judicial mechanism.” (p.164-165)
   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)

Read more about Non-judicial grievance mechanisms

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).

Read more about OECD National Contact Points

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.

Read more about 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
…
“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
“[…] 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)

ACTIONABLE ITEMS
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.

This composition will be replicated in the states. The Working Group will have the following responsibilities, among others;
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)

PILLAR 3 – ACCES TO 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:
…

4. Convening of periodic meeting of regulatory bodies whose functions are relevant.
5. Mapping of these bodies to clearly identify them and properly delineate their mandates so that their operations may be streamlined for speed and efficiency in relation to business and human rights related remedy.” (p.165)

Read more about Policy coherence

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.

Read more about Privatisation

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
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.”

PILLAR 2 – CORPORATE RESPONSIBILITY TO RESPECT HUMAN RIGHTS
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)

Read more about Public procurement

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
…
“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)

PILLAR 1 – STATE DUTY TO PROTECT HUMAN RIGHTS
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.

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.160-161)

Read more about Security 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.

The Nigerian NAP on Business and Human Rights does not address Small and medium enterprises (SMEs).

Read more about Small & medium-sized enterprises

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
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)

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
…
“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)

PILLAR 2 – CORPORATE RESPONSIBILITY TO RESPECT HUMAN RIGHTS
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.

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)

Read more about Supply chains

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.

Read more about Taxation

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.

Read more about The 2030 Agenda for Sustainable Development

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.

Read more about Tourism 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.

The Nigerian NAP on Business and Human Rights does not address Trade.

Read more about 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
“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)

PILLAR 1 – STATE DUTY TO PROTECT HUMAN RIGHTS
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)

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.

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.

H. CASUALIZATION OF CONTRACT OF EMPLOYMENT
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.

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.158-159)

K. MOBILISATION, 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.”

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;
…
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)

PILLAR 2 – CORPORATE RESPONSIBILITY TO RESPECT HUMAN RIGHTS
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.

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
“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)

PILLAR 3 – ACCESS TO REMEDY
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)

Read more about Workers’ rights