Human Rights and Business

Daniellah Akampwera

Islamic University in Uganda, Kampala Campus

This Blog is written by Daniellah Akampwera, a Second-Year law student of Islamic University in Uganda, Kampala Campus

Human Rights and Business in Uganda: Should Businesses Prevail Over Human Rights?

There has been a rise of many businesses in Uganda due to the need for the development of the economic system in Uganda. This has attracted foreign investors and encouraged entrepreneurship. Many land and natural resources are being used by individuals, companies, groups, or the government to start up both big and small-scale businesses.

However, the setup of these businesses has led to a violation of various human rights and most importantly, this has affected vulnerable groups especially, the poor, children, women and indigenous communities. This dilemma is not only a challenge in Uganda but all over Africa.

How businesses have led to a violation of human rights.

Forced evictions and displacement

Over the years, there has been a high demand for land for large- and small-scale investments or projects, for example, in mining, infrastructure, fuel stations, industry and so on. This has left many families, groups of people or individuals homeless and dependent on the government for support due to the destruction of their houses or buildings, farms or plantations. Unfortunately, those acquiring land for investment rarely undertake a Social Impact Assessment (SIA) to determine the implications of land acquisition on the affected community and people. For example, in 2018, two private companies in the Kiryandongo and Kitwanga sub-counties arbitrarily evicted more than 5,000 families rendering them homeless. Additionally, many families in Kijayo Village in Kikube district were displaced by Hoima Sugar Works.

It is disheartening that these people are always given inadequate or no compensation, rehabilitation or even resettlement without their prior consent or participation. Yet these are always poor or vulnerable people or minority groups. For instance, recently many people defined by poverty in Nansana were evicted from their land where they have been residing for over 40 years by the National Environmental Authority (NEMA) claiming that they had settled in wetlands. This led to the destruction of hundreds of houses and businesses and they were left with no compensation.

These situations lead to the violation of the people’s right to self-determination and development, right to culture, right to life and their right to freely dispose of their wealth and natural resources.

Labour rights.

Article 40 of the 1995 constitution of the Republic of Uganda, provides for the protection of the workers’ rights, which includes the recognition of just and favourable working conditions. In Uganda, many people are being paid little money or wages for their work done in various businesses. Many youths are unemployed and those who work are either overworked or with little or no payment. This has led to high levels of unemployment among the youth and high standards of living, strikes among workers in Uganda. Further, many women and youth are being trafficked abroad for work. Many are sexually harassed and at least one million children between the ages of 6 to 17 years are involved in hazardous work. These have led to the violation of the rights of women and children, especially the violation of their right to life.

How to promote the balance between business and human rights.

· Companies should always identify and understand the risks and effects of their business towards human rights. This will help them know their responsibilities to minimise their effects.

· The government should set up and implement laws against the activities of companies that might affect human rights.

· The government should also sensitize people about the importance of balancing business and human rights.

· Companies that cause harm to human rights should be punished.

CONCLUSION.

There should be a balance between social, economic and cultural rights because they all depend on each other. It is so inhuman and absurd for social and cultural rights to be undermined at the expense of businesses.

Although the government has tried to put up laws and ratify international laws against the violation of these rights by businesses, it has still failed to implement them. This is because the government system in Uganda is rooted in corruption yet many people are suffering.

REFERENCES

1. Uganda 2023 Human Rights Report

2. Ministry of Gender, Labour and Social Development, https://www.ohchr.org, Uganda approved an action plan on business and human rights, accessed August 2021.

3. Yudaya Nangonzi,https://observer.ug/index.php/news/headlines/81718-homeless-and-hopeless-families-ravaged-by-nema-s-harsh-evictions, accessed 26 June 2024.

4. Michaela Lee, manager, BSR and Nazila Vali, 6 ways companies can integrate human rights. Accessed November 2017.

The UN Guiding Principles on Business and Human Rights, 2011.