Sustainable Investment Policy Perspectives of the East African Community

Annex C. National frameworks and stakeholders related to RBC

 

	Government frameworks/policies	Government-led agencies/ initiatives	Business associations/ Workers’ Initiatives	Civil Society Organizations
Burundi	Constitution of the Republic of Burundi 2018: Human Rights: The law the Promotion and the Protection of the Rights of Persons with Disabilities 2018; law on the Prevention and the Protection of the Victims and Repression of Gender Based Violence 2016, Penal Code 2017; the Code of Criminal Procedure 2018 Environment & Biodiversity: Art. 35 Natural Resources management, the National Forest Policy of Burundi 2012; and the National Strategy and Action Plan to Combat Soil Degradation 2011-2016 Climate Change: National Strategy and Action Plan on Climate Change 2013 Extractive Sector: Mining Act 2013 (amended by Law No. 1/19 of August 4, 2023, introducing innovations such as the notion of production sharing Art. 12 Art. Corruption: Anti-Bribery Act 2006, Art. 60 of the April 2016 law “Bearing Measures for the Prevention and Punishment of Corruption and Related Offenses”. Others: Burundi Investment Code, enterprises are required to consider environmental issues and employee rights in its investment and business plan. Banking Act in 2017, regulation relating to the protection of consumers of financial products and services.	Business and Human rights: Burundi’s National Independent Human Rights Commission, the CNIDH, Ombudsman of the Republic of Burundi Environment: Geographical Institute of Burundi (IGEBU) and the Burundian Office for the Protection of the Environment (OBPE), 2005 Environmental Impact Assessment and Audit Regulations Corruption: Burundi Anti-Corruption Court, Anti-Corruption special squad Consumers protection: National Competition Agency (EACA), promotes competition and consumers welfare.	Burundi Bar Association, implements business human rights initiatives. Burundian Manufacturers' Association – AIB Rubeya & Company Advocates provides corporate advisory services, ensuring compliance with legal and regulatory frameworks. Federal Chamber of Commerce and Industry of Burundi) (CFCIB).	Consumer associations Burundi (ABUCO) Association des Employeurs du Burundi (AEB). Solidarity of the Christian Youth for Peace and Childhood NGO, advocates for the eradication of child labour and trafficking. CAPAD (Confédération des Associations des Producteurs Agricoles pour le Développement) promotes producers' rights and advocates for improving the living conditions of farmers.
DRC	Constitution of the Republic of The Democratic Republic of the Congo 2005: Human rights: Art. 14 Women's Rights Protection and Promotion, Art. 15 Elimination of Sexual Violence, Art. 36 Right to Employment, Art. 38 Freedom of Association, Art. 41 Protection of Minors Environment & Biodiversity: The Forest Code 2002, the Decree on Hunting, Law No. 14/003 on Protection of Nature, The Environmental Protection Law 2011, 2016 Ministerial Order No. 28/CAB/MIN/ECNDD/23/RBM/2016 sets the conditions for the approval of a consulting firm in environmental and social assessment. The 2023 amendment to Environment Law No. 11/009, aligning country legislation with Paris Climate. Climate Change: 2018 Ministerial Order No. 047/CAB/MIN/EDD/AAN/MML/05/2019 setting the approval procedure for REDD+ investments in the Democratic Republic of Congo. Agriculture: The National Investment Plan Agriculture (PNIA), aims to reduce poverty and food insecurity by protecting and restoring communal land soils, establishing appropriate institutional and legal frameworks, and revitalizing public-private partnerships in the agricultural sector. Extractive Sector: The 2002 Mining Code, 2016 Guidance on Corporate Social Responsibility: Mining Sector in Katanga, 2018 Law No. 18/001 amending the 2002 Mining Code, specifically Article 42: Environmental and Social Instruction. Labour Standards: 2009 Child Protection Code on child labour, forced labour, child trafficking, and slavery. Corruption: Law 017-2002 of 2002 establishes the Code of Conduct for Public Officials addressing moral integrity, professional ethics, and the fight against corruption. Others: the DRC’s Public Procurement Act 2010, includes environmental and green growth considerations within its evaluation criteria, Law No. 23/927 on the protection and responsibility of human rights defenders	Business and Human rights: National Human Rights Commission (CNDR), Business Climate Unit 2021, presidential unit to address business climate issues. Environment: Congolese Institute for the Conservation of Nature (ICCN), Forest Working Group (GTF) Extractive sector: Guide on Corporate Social Responsibility (CSR Guide) for the mining sector, developed by the DRC government, federations of Enterprises of the Congo (FEC), and civil society organizations. Corruption: National Agency for the Prevention and Combating of Corruption (APLC).	Global Compact Network the DRC. Federations of Enterprises of the Congo (FEC) The Federation of Timber Processing Companies (FIB the DRC) Business code of conduct for the private sector in the DRC (BCOC). COPEMECO (Confédération des Petites et Moyennes Entreprises Congolaises)	NGO consortium “The Congo is Not for Sale”  Observatory of Public Expenditure (ODEP), raises awareness on the social impact of financial law implementation for transparency and accountability. Pact NGO focuses on reducing child labor, promoting the rights and improving the living conditions of artisanal and small-scale miners. Action for the Defense of Human Rights (ADDH), local CSO specialised in the extractive sector. National Coalition against illegal logging (CNCEIB)
Kenya	Constitution of Kenya 2010: Human Rights: Art. 20 of the Constitution stipulates that the Bill of Rights binds all State organs and persons. The term "persons" includes companies and associations, Art. 22 grants all individuals the right to initiate legal proceedings in court for any denial, violation, infringement, or threat against their rights. Art. 56 addresses the protection of minorities and marginalized groups. Environment & Biodiversity: Kenya’s National Land Policy 2009, Kenya’s Green Economy Strategy and Implementation Plan 2016–2030 (GESIP), The National Wildlife Conservation Strategy, 2030, National Wildlife Policy 2020, and The National Forest Programme (2016–2030). The Environmental Management and Coordination Act, The Water Act, The Companies Act, The Community Land Act, Wildlife Conservation and Management Act, 2013, Forest Conservation and Management Act, Land Act, 2012. Climate Change: Wetlands Conservation and Management Policy 2015, The Climate Change Act 13, Kenya National Climate Change Response Strategy. Extractive Sector: The Mining Act 2016, The Energy Bill 2015 Labour Standards: The Employment Act., Art. 41: Labor Relations, determining the rights of workers, employers, and trade unions, including the right to fair remuneration and reasonable working conditions, Art. 73: Protection from slavery and forced labour, Art. 80: Freedom of association. Corruption: The Proceeds of Crime and Anti-Money Laundering Act.10 & 11, The Ethics and Anti-Corruption Commission Act.12. Others: 2018 Finance Act, introduces reporting requirements for certain qualifying multinational entities operating in Kenya.	Business and Human rights: Kenya Law Reform Commission, Kenya National Commission on Human Rights, Kenya National Human Rights and Equality Commission (KNHREC), National Land Commission NLC and Baseline Assessment on business and human rights in Kenya. Environment: Kenya National Environment Management Authority (NEMA), carries out Environmental Impact Assessments (EIA) and Environmental and Social Impact Assessments (ESIA), Kenya Forest Service (KFS), Kenya Land and Environment Court jurisdiction, Forest Conservation and Management Trust Fund, Forest Investment Facility, National Environment Trust Fund (NETFUND) and Water Service Trust Fund. Corruption: Ethics and Anti-Corruption Commission (EACC), National Anti -Corruption Campaign Steering Committee (NACCSC)	UN Global Compact Network Kenya Kenya Association of Manufactures (KAM) Kenya Private Sector Alliance (KEPSA) Sustainable Inclusive Business Africa, founded by KEPSA. Safaricom Association of Skilled Migrant Agencies of Kenya Law Society of Kenya, delivers BHR trainings.	Kenya Human Rights Commission (KHRC) Kenya Land Alliance supports communities to protect their land rights, in a context of oil exploration and drilling. Hakijamii NGO, promotes social, cultural and economic rights of marginalised communities in Kenya. Haki Madini, coalition of CSOs working in the extractive sector promoting responsible business and protecting local communities. The Route to Food, coalition of CSOs working in the extractive sector to promote responsible business practices and the proper regulation of pesticides. Save Lamu, addresses the environmental and social risks associated with the proposed Lamu Port and the Lamu coal power plant. Centre for Justice and Governance and Environmental Action - (CJGEA) Kenya Country Guide on Business and Human Rights, developed by the KHRC and the Danish. Institute for Human Rights (DIHR)
Tanzania	Constitution of the United Republic of Tanzania 1997: Human Rights: Land Acquisition Act 1967, Land Act 1999, Village Land Act 1999, Public Health Act 2009, Persons with Disabilities Act 2010 Environment & Biodiversity: Environmental Management Act 2004, The Forest Act 2002, Beekeeping Act 2002 Climate Change: Zanzibar Climate Change Strategy 2014 and National Climate Change Response Strategy 2021 Agriculture: 1997 Agricultural and Livestock Policy. Extractive Sector: Mining Act (2010 as amended in 2017), 2015 Tanzania Extractive Industries (Transparency and Accountability Act) Labour Standards: 2004 Employment and Labour Relations Act, Workers’ Compensation Act, 2009 Law of the Child Act on child labor and forced labor Others: Tanzania’s National Strategy for Growth and Reduction of Poverty I and II (MKUKUTA I and II)	Business and Human rights: Commission for Human Rights and Good Governance (CHRAGG). Environment: National Environment Management Council (NEMC), Department of Forestry and Non-Renewable Natural Resources (DFNR), National Environmental Advisory Committee, Chemical Emergency Response Committee, Wildlife Management Area Support Unit, The Southern Agricultural Growth Corridor of Tanzania. SAGCOT. Corruption: Prevention and Combating of Corruption Bureau (PCCB), The Ethics Secretariat, Ethics Tribunal, The Zanzibar Anti-corruption and Economic Crimes Authority (ZAECA)	East African Crude Oil Pipeline (EACOP). Tanganyika Law Society, organised workshops to enhance capacity in BHR and raise awareness of human rights and gender dimensions within the extractive sector. Tanzania Union of Industrial and Commercial Workers (TUICO), advocates for workers' rights and negotiates collective bargaining agreements.	Business and Human Rights Tanzania. Land Rights Research and Resource Institute, (HAKI ARDHI). Haki Rasilimali Tanzania, advocacy and learning platform focused on the extractive sector. Business And Human Rights Tanzania (Bhrt), specialist organization working on BHR in Tanzania. Legal And Human Rights Center (LHRC), first NGO to establish a business and human rights programme. Haki Madini Tanzania, promotes human rights of miners and mining-affected communities.
Rwanda	The Constitution of the Republic of Rwanda 2003: Human Rights: Art. 16 Protection from discrimination, Art.19 Child’s right to protection, Art. 42 Promotion of human rights, Art. 43. Protection of rights and freedoms Environment & Biodiversity: Law Governing Land in Rwanda, Rwanda’s National Forest Policy, implemented in 2004 and revised in 2018, National Biodiversity Policy 2011, The Forestry Investment Plan, The National Forestry Research Strategy, The Environment Law 2018, determines the modalities for protecting, conserving and promoting the environment. Climate Change: The Environment and Climate Change Law (2019), Rwanda’s Green Growth and Climate Resilience Strategy (GGCRS) Agriculture: The National Agroforestry Strategy. Extractive Sector: Mining Law 2018, Prioritizes education and health in national law and Rwanda's commitment to RBC (with RMB revoking 13 mining licenses due to shortcomings in safety, environmental, and labor standards). Labour Standards: Law Regulating Labour 2009, sets the minimum age of employment at 17 for children working in underground mines. Art. 31 Right to form trade unions and employers associations, Art: 32 Right to collective bargaining. Top of Form Corruption: Law on the protection of whistleblowers, Organic Law on Leadership Code of Conduct, Law on prevention, suppression, and punishment of corruption related offenses.	Business and Human rights: Rwandan National Commission for Human Rights (NCHR), On 2021 OHCHR-Rwanda and the Ministry of Commerce jointly organised a workshop focused on strengthening the capabilities of stakeholders and practitioners to address human rights violations by multinational corporations (MNCs) and local businesses. Environment: Rwanda Environment Management Authority (REMA), Rwanda Green Fund (FONERWA) managed by the government, aims to promote investment in green innovation, Rwanda Development Board (RDB), Center of Excellence in Biodiversity and Natural Resources Management, Rwanda Mines, Petroleum and Gas Board (RMB) Corruption: The Rwanda National Public Prosecution Authority, Rwanda National Anticorruption Advisory Council	Rwanda Mining Association, ensures compliance with relevant directives and legislation among its members through advocacy and capacity building. The Rwanda Private Sector Federation (RPSF) Rwanda Association of Manufacturers (RAM)	Legal Aid Forum Rwanda, a coalition of 40 diverse CSOs providing legal representation to poor and vulnerable individuals and engaging in BHR promotion. Collectif Des Ligues Et Associations De Défense Des Droits De L’homme Au Rwanda (CLADHO) Rwanda Initiative for Sustainable Development (RISD) promote, economic empowerment and poverty reduction of vulnerable communities through equitable access and control of land and natural resources towards. Rwanda Mining Association
South Sudan	The Transitional Constitution of the Republic of South Sudan 2011: Human Rights: Art.16 Rights of Women (equal pay) Art.20 Right to Litigation, 25. Freedom of Assembly and Association, freedom of association, including the right to form or join associations and trade or professional unions for the protection of his or her interests. Environment: 2009 Investment Promotion Act, investors are required to adhere to environmentally friendly rules (ESG) and 2009 Land Act, regulates investment activities on land acquired from local communities. Extractive Sector: Petroleum Act 2012 and the Mining Act of 2012, align the country's mining sector with international standards, encompassing licensing, environmental protection measures, the protection of community land rights, and the conduct of Environmental Impact Assessments. Labour Standards: Labour Act 2017, establishes a legal framework for the minimum employment conditions, regulates labour relations, and ensures workplace health and safety. Corruption: 2009 Southern Sudan Anti-Corruption Commission (SSACC) Act., Anti-Money Laundering and Counter Terrorist Financing Act., 2011, The Public Financial Management and Accountability Act. 2012,	Corruption: The National Audit Chamber The Anti-Corruption Commission. Financial Intelligence Unit.	South Sudan Business Community & Employers Federation Warrap Worker Union in South Sudan	The Advocates For Human Rights & Democracy South Sudan Workers’ Trade Union Federation Youth Alliance Network, South Sudan Human Rights Defenders Network (SSHRDN)
Uganda	Constitution of the Republic of Uganda 1995: Human rights: The Persons with Disabilities Act, The Equal Opportunities Act, The Land Act and Land Amendment Act (2004, 2007), The Children Act. Environment & Biodiversity: National Environment Act, National Land Policy of 2013, National Land Use Policy 2007, Uganda Strategic Investment Framework for Sustainable Land Management 2010 – 2020, Uganda Forestry Policy 2001, National Wetlands Policy, Fisheries Policy 2003, Uganda Wildlife Policy, National Biodiversity Strategy and Action Plan II (NBSAP II) Climate Change: The National Climate Change Policy (NCCP) Agriculture: The National Agriculture Policy 2010 Labour Standards: The Employment Act.24, The Worker’s Compensation Act.25 The Occupational Health & Safety Act, Prevention of Trafficking in Persons Act, 2009, The National Tripartite Charter on Labour Relations 2013,Decent Work Country Programme (2013‐2017). Corruption: The Public Procurement and Disposal of Public Assets Authority Act, Code of Ethical Standards	Business and Human rights: The Equal Opportunities Commission, Uganda Human Rights Commission (UHRC), Human Rights and Business Country Guide 2016, developed by the UHRC and Danish. Institute for Human Rights (DIHR), The National Council on Disability, The Industrial Court, The Minimum Wages Advisory Board, The Tripartite national charter on industrial relations. Environment: The Forestry Sector Support Department; the National Forestry Authority; District Forestry Services; Environmental Protection Police Unit, The National Environment Management Authority (NEMA) Corruption: The Uganda Legal Information Institute	Uganda Manufacturers Association UN Global Compact Local Network in Uganda National Conference on ESCR, the UHRC in partnership with universities and CSOs, convened two forums in September 2014 and 2015, aimed at promoting the protection, promotion, and enforcement of economic, social, and cultural rights in Uganda, including BHR. National Union of Plantation and Agricultural Workers. Private Sector Foundation of Uganda. Uganda Women Entrepreneurs Association.	Advocates Coalition for Development and Environment. Anti-Corruption Coalition Uganda. Uganda Coalition for Corporate Accountability. The United Org. for  Batwa Development  in Uganda. The Forest Peoples Programme Supports Indigenous Forest Peoples protect their land rights and human rights National Association of Professional Environmentalists HURINET, network of human rights international and national organisations Uganda Consortium on Corporate Responsibility Initiative For Social and Economic Rights. The Southern and Eastern Africa Trade Information and Negotiation Institute, promotes equitable development through pro-development trade policies in Uganda and East Africa.