chapter  5
Regional human rights system and multinational corporations: The case of the African regional human rights system
Pages 37

This chapter continues with the overall goal of this book: exploring solutions to the control of multinational corporations (MNCs) at the domestic level with complementary mechanisms at regional and international levels. The aim of this chapter is to examine the African human rights system as a case study at the regional level, to evaluate how it has impacted on the control of MNCs and to examine its potential for the future. The theme of the chapter is important because it focuses on a heretofore underexplored avenue for the control of MNCs. The chapter concedes that the African human rights system is relatively young and cannot provide all the solutions to the numerous issues surrounding the control of MNCs in the continent. However, it is strongly suggested that the regional human rights system’s emerging approach to state responsibility could galvanise the weak host states to be more effective because of its emerging approach to state responsibility. The position of this writer is that, since host states have the primary obligation to control MNCs, it would be productive to explore frameworks that could strengthen and complement home states’ capacity to control MNCs. The chapter provides a brief description of the African human rights system. It discusses the relevance of the African Charter to private and other legal persons including MNCs. It examines recent jurisprudence of the African Commission on Human and Peoples’ Rights (the African Commission). The chapter explores the potential of the African Union (AU) court system in the control of MNCs. The chapter also examines The African Convention on Preventing and Combating Corruption and the implication of the convention for MNCs. The chapter concludes that the African system, though nascent, is a necessary complement to the ability to hold MNCs accountable at the host state level and other regional arrangements at the international level.