Business & Human Rights

For a long time, the legal phenomenon in Africa has been intertwined with a process of dispossession, both material and symbolic, of African societies. This history of dispossession has deep roots, shaping the continent’s legal frameworks and its interactions with external forces. However, today, we are witnessing the gradual—albeit often disorganized—emergence of human rights protection mechanisms, signaling a shift in how legal systems engage with local and indigenous populations.

These emerging mechanisms, though still imperfect, represent a significant step towards a more inclusive approach. They aim to integrate the voices of communities that have historically been marginalized, ensuring their participation in projects that directly affect them. This marks the beginning of a cautious yet meaningful reappropriation of law as a tool for empowerment and social change.

Despite challenges, the growing recognition of human rights in Africa is fostering a new legal consciousness. As the continent continues to develop, these mechanisms will undoubtedly evolve and play a crucial role in fostering sustainable and equitable development, with an emphasis on ensuring that the rights and needs of local populations are at the forefront of decision-making processes. In this way, law is becoming an instrument not only for regulation but for justice, and potentially, for emancipation.

My contributions on this topic:

➢ “The Social License to Operate in the OHADA Zone : The Necessity of Giving More Substance to an Emerging and Fragmented Concept in a COVID-19 Pandemic World”, in The Palgrave Handbook of Social License to Operate and Energy Transitions, Palgrave, 2023, pp.1-46, with John P. Belinga

Belinga and Marque, The “Social License to Operate” in the OHADA Zone : The Necessity of Giving More Substance to an Emerging and Fragmented Concept in a COVID-19 Pandemic World”, in The Palgrave Handbook of Social License to Operate and Energy Transitions, Palgrave, 2023, pp.1-46

➢ “The Social Licence to Operate in the OHADA Space”, in the 2019 OGEL Special Issue on Social Licence to Operate (SLO) in the Extractive and Energy Sectors, with John P. Belinga