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Declaration of the African Coalition for Corporate Accountability
by ACCA, Global Rights
 
Launched in Accra, Ghana on 27 November 2013.
 
We, the undersigned organisations, some of which came together in 2012 to create a regional coalition for corporate accountability, announce our intention to launch the African Coalition for Corporate Accountability (ACCA).
 
We, the undersigned organisations, support African communities and individuals whose human rights are adversely impacted daily by the activities of corporations, both multi-national and domestic. We are civil society organizations working on issues ranging from mining and other extractives industries, public and private security sector accountability, natural resource rights, including land acquisition, tenure and property rights, financial regulatory policy, as well as accountability mechanisms for human and peoples rights, and environmental rights.
 
We welcome the United Nations Guiding Principles on Business and Human Rights (“UN GPs”), universally endorsed by the United Nations Human Rights Council, as an important international framework to advance corporate accountability. We however note that the UN GPs, as currently framed and understood, do not fully reflect the experiences and concerns of our constituencies and are currently failing to change lived realities on the ground.
 
We understand that the Guiding Principles impose a State duty to protect, and a corporate responsibility to respect, human rights; however, this is complicated by the reality of weak African States with weak or non-existent legal frameworks, collusion between States and corporations, and the privatisation of State duties.
 
We express grave concern about the impunity with which companies continue to operate in our jurisdictions in the absence of strong State regulation and enforcement of civil and criminal liability.
 
In particular, we note the distinct and systemic human rights challenges experienced on the African continent: a persistent infringement of collective and individual rights; unregulated exploitation of natural resources; the lack of access to effective remedies; the absence of transparency and effective coherent policies in respect of financial governance; a lack of bargaining power in contractual negotiations; and unlawful use of force by state and non-state actors.
 
We also note the gendered manner in which these corporate harms disproportionately affect those with less power in our communities.
 
The formation of our coalition, the ACCA, is a recognition of the similar corporate harms we address in our work and an effort to come together in solidarity to better address these challenges through shared strategies and joint advocacy.
 
We commit to rigorous advocacy with regional and international institutions, governments, national human rights institutions, companies, and communities to implement the UN GPs in a critical and nuanced manner that reflects the challenges of advancing corporate accountability in Africa.
 
We commit to working collaboratively, communicating our strategies, advocacy plans and efforts in the hopes of knowledge and information sharing. Recognising the multiple and distinct challenges we face, we identify the following initial issues impacting our constituencies and communities:
 
The need for enhancing the protection and respect for collective and individual rights in relation to the activities and relationships of business enterprises.
 
Collective rights, as articulated in the African Charter on Human and Peoples’ Rights, and applicable international human rights instruments, includes the right to self-determination; the right to freely dispose of their wealth and natural resources; the right to a healthy environment; and the right to their economic, social and cultural development considering their freedom, identity and common heritage. These rights must be protected by States and, at a minimum, respected by corporations.
 
Free prior and informed consent is a non-negotiable threshold for every aspect of projects likely to affect communities. Communities must be able to participate in decisions affecting them and their livelihoods, including through the negotiation and life cycle of a project.
 
The need for enhancing the protection and respect for labour rights in relation to business enterprises.
 
Recognizing that labour rights must include consideration of health and safety not only of those employed by the business, but also those affected by business activities.
 
Labour rights need to be committed to by governments, and where labour protections do exist, they must be enforced.
 
Labour rights need to be respected by corporations, and where labour rights are weak, corporations should adhere to regional and international labour rights protections.
 
The need to ensure that remedies are strengthened and obstacles to justice are eliminated.
 
Those affected by corporate-related human rights abuses must have a clear, effective and independent means of seeking remedy, both judicial and non-judicial.
 
Facilitating access to regional and international remedies must be a priority, especially where State remedies are weak or non-existent.
 
The lack of implementation of the State duty to protect human and peoples rights, and environmental rights.
 
African governments must develop national implementation plans to communicate the steps they are taking to ensure human rights are protected in relation to business activities.
 
Governments must ensure transparency and access to information from both public and private actors, including in contracts, agreements and other information that materially affects community interests.
 
African governments must ensure the effective enforcement of legal frameworks that seek to promote human rights protections in relation to business enterprises where they exist, including creation and enforcement of legal requirements of human rights due diligence on corporations.
 
Our coalition, the ACCA, seeks to ensure that these critical issues are addressed. We express our commitment towards advocacy, engagement and critique to ensure that governments from our diverse set of countries across Africa are engaging in the promotion and protection of human rights in relation to business activity, and that corporations at a minimum respect human rights in all of their operations.
 
We will continue our work and commitments until these objectives are achieved, and we commit to working with regional and other supportive partners to ensure that this becomes a reality. http://the-acca.org/news/ http://the-acca.org/videos/


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International Criminal Court opens second probe into Central African Republic violence
by ICC Prosecutor Fatou Bensouda
International Criminal Court
 
24 September 2014
 
The Prosecutor of the International Criminal Court announced that she is opening a second investigation into the situation in the Central African Republic (CAR) with respect to crimes allegedly committed since 2012.
 
Fatou Bensouda recalled in a statement issued to the press that in February of this year, following an escalation of violence in CAR, she opened a new preliminary examination to assess whether or not to proceed with an investigation into what was a “dire” situation in the country.
 
Thousands of people are estimated to have been killed in CAR in a conflict which erupted when mainly Muslim Séléka rebels launched attacks in December 2012 and then took on increasingly sectarian overtones as mainly Christian militias known as anti-Balaka (anti-machete) took up arms.
 
“My Office has gathered and scrupulously analysed relevant information from multiple reliable sources. Based on this independent and comprehensive analysis, I have concluded that an investigation is warranted,” said Ms. Bensouda.
 
“The information available provides a reasonable basis to believe that both the Séléka and the anti-Balaka groups have committed crimes against humanity and war crimes including murder, rape, forced displacement, persecution, pillaging, attacks against humanitarian missions and the use of children under 15 in combat.
 
“The list of atrocities is endless. I cannot ignore these alleged crimes.”
 
CAR – specifically the events relating to the events of 2002-2003 – was already one of eight situations already under investigation by the Court, along with the Darfur region of Sudan, Côte d’Ivoire, the Democratic Republic of the Congo, Kenya, Libya, Mali and northern Uganda.
 
The transitional government of CAR decided to refer the situation to the Prosecutor’s Office on 30 May 2014, requesting the investigation into alleged crimes falling within the ICC’s jurisdiction committed in the country since 1 August 2012.
 
“The 30 May 2014 referral by the CAR authorities demonstrates a commitment to fight impunity for mass crimes and to bring justice to the victims. We look forward to their full cooperation as we conduct our investigation into these crimes,” said Ms. Bensouda.
 
“As the investigation moves forward, we will continue to record any new crime against civilians that might be committed in CAR,” she added.
 
“Mass crimes shock the conscience of humanity and tear at the social fabric of society. Let this be a message to would-be perpetrators in CAR and beyond: such crimes will not be tolerated and will be met with the full force of the law.”
 
September 2014
 
International community has obligation to help Central African Republic rebuild, says Ban.
 
Member States must continue to assist the Central African Republic (CAR) as it lifts itself back up from the devastation of conflict, United Nations Secretary-General Ban Ki-moon declared today as he called on the international community to assist the beleaguered African country “chart a path to reconstruction, reconciliation, and the rule of law.”
 
“The partnership between the international community and the Central African Republic must be rooted in mutual accountability,” Secretary-General Ban Ki-moon declared in his opening remarks at the high-level meeting on the CAR, held on the margins of the annual General Assembly debate.
 
“We must mobilize to support economic recovery and stabilization to meet urgent security and humanitarian needs,” Mr. Ban urged, adding that the global community had the “opportunity to help and an obligation to act.”
 
In January 2014, the CAR was plunged into fighting, fuelled by what are believed to be inter-communal retaliatory attacks between the Anti-balaka and Séléka rebel groups, after the latter were ousted from power.
 
According to the latest estimates, 500,000 people are internally displaced and 483,000 people have crossed the borders since the beginning of the crisis while 15,000 minorities continue to remain at high risk.
 
On 10 April 2014, the Security Council approved the full deployment of MINUSCA, the UN’s integrated mission to the country, which will prioritize the protection of civilians and facilitation of the political process, including implementation of provisions of the Agreement on Cessation of Hostilities, signed on 23 July 2014, and setting up a mechanism to investigate violations.
 
Turning to his visit to the CAR in April, the Secretary-General recalled the “utter devastation and desperation” he encountered.
 
He noted that despite the “important progress” achieved since the cessation in hostilities, there was still “much work ahead” as thousands remained displaced, women and children continued to be exposed to violence and abuse, and different communities had yet to be reconciled, all amid a looming food security crisis. In addition, he pointed out that “the architecture of the state” would have to be redesigned after years of “mismanagement, corruption and international neglect.”
 
http://www.wfp.org/countries/central-african-republic http://www.icrc.org/eng/resources/documents/update/2014/09-01-central-african-republic-bangui-outbreak-violence.htm http://www.unhcr.org/534e6fe16.html http://cdn.wfp.org/2014/central-african-republic-crisis/ http://www.fao.org/emergencies/resources/documents/resources-detail/en/c/226403/ http://www.un.org/apps/news/story.asp?NewsID=47700 http://reliefweb.int/report/central-african-republic/one-million-children-risk-hunger-and-disease-aid-blockages-hit http://reliefweb.int/report/central-african-republic/international-efforts-protect-civilians-failing-stop-slaughter http://www.fidh.org/en/africa/central-african-republic/16062-the-us-must-strategically-carry-out-its-funding-promises-in-car http://www.trust.org/spotlight/Central-African-Republic-troubles/?tab=background http://www.internews.org/our-stories/project-updates/new-crisis-map-central-african-republic http://carresponse.iom.int/


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