The Business and Human Rights Framework and the Oil and Gas Sector in Ghana: The Utility of a Legal Instrument for Ensuring Compliance.

Abstract

This thesis investigates the utility of a legal instrument in ensuring compliance with the United Nations Guiding Principles (UNGPs) on Business and Human Rights (BHR) in Ghana's oil and gas (O+G) sector, emphasising its ability to reduce human rights breaches and promote corporate accountability. The 2011 UNGPs established standards requiring states and multinational companies (MNCs) to protect, respect, and remedy human rights violations per the principles of responsible corporate conduct. The UNGPs seek to promote responsible business conduct through state-based judicial mechanisms and state-based non-judicial grievance mechanisms; however, they lack enforceability and have proven ineffective in ensuring corporate accountability and compliance with human rights obligations in the O+G sector in Ghana. A review of existing literature on human rights concerns in the O+G industry reveals that the impacts of MNCs' activities on human rights are not adequately addressed in Ghana. This research investigates whether a domestic legal instrument can safeguard citizens' rights against violations while ensuring compliance with the UNGPs in Ghana's O+G sector. This study employed a qualitative research approach using in-depth interviews to explore the effectiveness of domestic legal instruments in safeguarding citizens' rights and ensuring compliance with UNGPs. Grounded in the theories of human rights due diligence and corporate social responsibility, the thesis argued that to ensure that MNCs comply with the UNGPs, are more responsible as businesses, and stop human rights violations in the O+G industry in Ghana, there needs to be a strong legal framework with clear, enforceable, and binding obligations on them. This thesis analysed the shortcomings in Ghana's regulatory frameworks and the viability of a legally binding instrument, thus enhancing the discourse on BHR. The results of the study indicated that voluntary compliance standards in the O+G sector are very weak. They also showed how important it is to have strong laws that protect human rights within the O+G sector in Ghana. It provided practical insights to enhance the protection of vulnerable communities and promote sustainable corporate practices within the O+G sector in Ghana.