AfriForum highlights detrimental consequences of increasing racialised legislation at the UN Forum on Business and Human Rights
Civil rights organisation AfriForum is participating in the thirteenth session of the United Nations (UN) Forum on Business and Human Rights, which is taking place in Geneva, Switzerland, from 25 to 27 November. This forum provides a unique multi-stakeholder platform for discussing key trends and challenges in implementing and advancing the UN Guiding Principles on Business and Human Rights – the authoritative global framework for states and businesses aimed at preventing the adverse impacts on human rights arising from business activities. The current session focuses on how the “smart mix of measures”, in other words, a multi-stakeholder approach of national, international, voluntary and mandatory participation, can be effective in promoting this framework.
Alana Bailey, AfriForum’s delegate to the Forum’s session, asserts that a balanced relationship between national and international interests, as well as between the voluntary and mandatory measures in place to achieve the protection of human rights while still promoting economic growth, is necessary to prevent adverse impacts on human rights resulting from business activities.
AfriForum submitted a report on research it had undertaken on increasing racialised legislation in South Africa. Despite the country’s constitutional commitment to non-racialism and equality, it was found that the number and intensity of racialised laws have been increasing. An increasing focus on representivity in a growing range of sectors have not resulted in a decrease in inequality in the country, which proves that this approach is not only ineffective but detrimental.
The report underlines that legislation like the Broad-Based Black Economic Empowerment Act and the Employment Equity Act only benefit a select few, while a correlation between affirmative action in public procurement and corruption was also established. In addition, these measures exclude minority communities from economic activity, which leaves minorities at risk.
“Social inequality in South Africa is often highlighted, but not enough attention is paid to the role that racialised legislation plays in maintaining this worrying state of affairs. By highlighting the issue on international platforms, such as the UN Forum on Business and Human Rights, we hope to increase awareness in this regard and lobby for a revision of the legal measures. By, for example, including sunset clauses in affirmative action legislation and offering incentives for empowering all communities in the country instead of implementing punitive measures, businesses can thrive while human rights are also being promoted,” Bailey says.
Several thousand participants from governments, international organisations, businesses, civil society, trade unions, communities, lawyers, and academia from around the world are attending the session, which will conclude tomorrow (27 November). Bailey says that it not only provides a valuable platform to raise awareness about the abovementioned concerns but also provides organisations like AfriForum with international networking opportunities and examples of best practices in achieving a balance between human rights and business interests in other parts of the world.
