IV
Obligations of companies
56. While States are the primary obligation bearers under the African Charter,
it is also legally recognized that corporations, particularly multinational
ones, have obligations towards right holders.23 This obligation arises from
the recognition that lack of such obligations may result in the creation of
a human rights vacuum in which such entities operate without observing
human rights. Under the African Charter, obligations of such entities
towards rights holders have a clear legislative basis. Article 27 of the African
Charter provides for the duties of individuals and its sub-provision 2 lays
down the obligation to exercise rights ‘with due regard to the rights of
others’. Clearly, if this obligation can be imposed on individuals, there is
an even stronger moral and legal basis for attributing these obligations to
corporations and companies.
57. The first of these obligations is a direct negative obligation based on the
principle of do no harm or in its positive formulation the principle of due
care. This entails that companies and corporations should ensure that their
actions or operations do not result in or trigger the occurrence of harm or
the curtailment or deprivation of the rights guaranteed under the African
Charter.24 They should not only refrain from deliberate acts that constitute
or result in such violations but also ensure continuously that their acts or
operations are in full compliance with internationally accepted human and
peoples’ rights, labour and environmental standards to avoid any incident
producing harm or curtailment of rights of people, including in conflict
situations.25
58. In applying the duties in the African Charter to companies, and on account
of the huge extent of power that companies, particularly multinational
ones, exercise in comparison to individual persons, they have a resultant and
corresponding higher level of duty of both due diligence and care.26 They
should be vigilant in having a clear understanding of the nature and impact
of their activities, take the required measures for preventing their activities
from having adverse human rights impacts and put in place mechanisms
for rectifying any negative human rights impacts arising from their activities
or actions. In this regard they should also ensure responsible supply chain
management to ensure that their actions and decisions do not have negative
repercussions further down the supply chain. In order to ascertain the extent
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