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The status of access to effective remedies by victims of human rights violations committed by multinational corporations in the African union member states

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Abstract
The main purpose of this paper is to document the failure and dysfunction of the existing judicial structures of many African Union’s Member States (AUMS), to address human rights violations that are often committed by Multinational Corporations (MNCs) on their territories. Concretely, it assesses the access of victims of the MNCs’ human rights abuses (in the AUMS) to effective remedies and the obstacles they face through a number of case studies. Although these victims’ cases are specific to some countries, they illustrate a general challenge faced by victims of such abuses from many AUMSs. The examination of these cases, in turn, results in the examination of the legal remedies the victims use and the obstacles they face in the pursuit of such remedies, either in their domestic jurisdictions or in other foreign national jurisdictions. The present paper also weighs the obstacles faced by the same victims in their quest for effective remedies against the concept of “African solutions to the problems of Africa.” Finally, it is suggested that the reluctance of the AUMSs to hold MNCs accountable for their human rights violations, which are often committed on their territories, and the non-redress of the same violations by other forums outside the African continent, places the onus on African regional and sub-regional mechanisms of human rights protection to get involved.
Keywords
HRC, Multinational Corporations, Victims, African Union's member States, access to effective remedies.

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Citation

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MLA
Mujyambere, Jean-Pierre. “The Status of Access to Effective Remedies by Victims of Human Rights Violations Committed by Multinational Corporations in the African Union Member States.” GRONINGEN JOURNAL OF INTERNATIONAL LAW, edited by Jean Pierre Mujyambere, vol. 5, no. 2, 2017, pp. 255–77.
APA
Mujyambere, J.-P. (2017). The status of access to effective remedies by victims of human rights violations committed by multinational corporations in the African union member states. GRONINGEN JOURNAL OF INTERNATIONAL LAW, 5(2), 255–277.
Chicago author-date
Mujyambere, Jean-Pierre. 2017. “The Status of Access to Effective Remedies by Victims of Human Rights Violations Committed by Multinational Corporations in the African Union Member States.” Edited by Jean Pierre Mujyambere. GRONINGEN JOURNAL OF INTERNATIONAL LAW 5 (2): 255–77.
Chicago author-date (all authors)
Mujyambere, Jean-Pierre. 2017. “The Status of Access to Effective Remedies by Victims of Human Rights Violations Committed by Multinational Corporations in the African Union Member States.” Ed by. Jean Pierre Mujyambere. GRONINGEN JOURNAL OF INTERNATIONAL LAW 5 (2): 255–277.
Vancouver
1.
Mujyambere J-P. The status of access to effective remedies by victims of human rights violations committed by multinational corporations in the African union member states. Mujyambere JP, editor. GRONINGEN JOURNAL OF INTERNATIONAL LAW. 2017;5(2):255–77.
IEEE
[1]
J.-P. Mujyambere, “The status of access to effective remedies by victims of human rights violations committed by multinational corporations in the African union member states,” GRONINGEN JOURNAL OF INTERNATIONAL LAW, vol. 5, no. 2, pp. 255–277, 2017.
@article{8609411,
  abstract     = {The main purpose of this paper is to document the failure and dysfunction of the existing
judicial structures of many African Union’s Member States (AUMS), to address human
rights violations that are often committed by Multinational Corporations (MNCs) on their
territories. Concretely, it assesses the access of victims of the MNCs’ human rights abuses (in
the AUMS) to effective remedies and the obstacles they face through a number of case
studies. Although these victims’ cases are specific to some countries, they illustrate a general
challenge faced by victims of such abuses from many AUMSs. The examination of these
cases, in turn, results in the examination of the legal remedies the victims use and the
obstacles they face in the pursuit of such remedies, either in their domestic jurisdictions or in
other foreign national jurisdictions. The present paper also weighs the obstacles faced by the
same victims in their quest for effective remedies against the concept of “African solutions to
the problems of Africa.” Finally, it is suggested that the reluctance of the AUMSs to hold
MNCs accountable for their human rights violations, which are often committed on their
territories, and the non-redress of the same violations by other forums outside the African
continent, places the onus on African regional and sub-regional mechanisms of human rights
protection to get involved.},
  author       = {Mujyambere, Jean-Pierre},
  editor       = {Mujyambere, Jean Pierre},
  issn         = {2352-2674},
  journal      = {GRONINGEN JOURNAL OF INTERNATIONAL LAW},
  keywords     = {HRC,Multinational Corporations,Victims,African Union's member States,access to effective remedies.},
  language     = {eng},
  number       = {2},
  pages        = {255--277},
  title        = {The status of access to effective remedies by victims of human rights violations committed by multinational corporations in the African union member states},
  url          = {http://dx.doi.org/10.21827/5a6afa2873631},
  volume       = {5},
  year         = {2017},
}

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