61. ‘Security of people and the staff ’ as provided for under (f) above, should be
understood in the broad sense and include both physical safety and security
as well as financial security.
62. Companies also bear indirect negative obligations. They thus bear
responsibility for the activities or actions of those that act on their behalf
or to their benefit including the private security companies they use for
securing their facilities and personnel. Accordingly, they should ensure that
such activities or actions undertaken on their behalf or to their benefit do
not cause harm or result in interference in the enjoyment of protected rights.
Where such activities or actions result in curtailment or interference with
the rights protected in the African Charter, the company on whose behalf
or to whose benefit those activities or actions have been taken should bear
administrative, civil and/or criminal responsibility as applicable.
63. In addition to the negative obligations, in certain circumstance companies
also bear certain positive obligations arising from the human and peoples’
rights of the Charter in general and Articles 21 and 24 in particular. The first
set of obligations in this regard relate to the various fiscal and transparency
requirements arising from the operations of their activities.29 These include
all applicable fiscal responsibilities and transparency obligations including
disclosure of identities of owners, shareholders and local partners; fully
declaring profits they make from their operations in the host country;
disclosing financial terms of agreements relating to license fees, national
and local taxes, custom duties, royalties and shares due to the government
in terms of the contract and applicable laws of the country; and adopting
measures to comply with requirements against illicit financial flow.
64. The second set of positive obligations is that arising from the social and
economic impacts of the operations of extractive industries or other
companies on the host community including on the land and natural
resources rights of affected people.30 In conducting their operations, these
business entities should adequately inform and substantively consult with
the affected people on any of their activities or on decisions that may
materially affect the people and implement such activities having regard
to the concerns of the people and the requisite cautionary measures for
mitigating such impacts.31 In this regard, companies should also do,
with the participation and representation of affected local communities,
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