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| Title: | Oil on troubled waters: multinational corporations and realising human rights in the developing world, with specific reference to Nigeria |
| Author: | Yusuf, Hakeem O. |
| Year: | 2008 |
| Periodical: | African Human Rights Law Journal |
| Volume: | 8 |
| Issue: | 1 |
| Pages: | 79-107 |
| Language: | English |
| Geographic term: | Nigeria |
| Subjects: | social and economic rights jurisprudence multinational enterprises international law |
| Abstract: | This article examines the current state of tension in the Niger Delta of Nigeria and locates the current unrest in the continued denial of economic, social and cultural rights to the oil-rich communities in the area. The author argues that this denial happened with the complicity and acquiescence of the international community. The Nigerian government as well as multinational corporations operating in the area have not been responsive to the development needs of the people. For while the decision of the African Commission on Human and Peoples' Rights on the economic, social and cultural rights of the Ogoni community of the Niger Delta, in Social and Eocnomic Rights Action Centre (SERAC) and Another v Nigeria, is a model for the recognition of the economic, social and cultural rights of the oil-bearing communities in the Niger Delta, the Nigerian government has failed to heed the decision. The article further argues that, although the primary obligation for realizing the economic, social and cultural rights of host communities rests on the government, multinational corporations in developing countries, considering their awesome resources and influence on government policies, should be similarly obligated to respect, promote and protect those rights. The privity theory provides a legal basis for enforcing such an obligation on MNCs. Notes, ref., sum. [Journal abstract] |