Banks and Human Rights: A South African Experiment

SUR - International Journal on Human Rights, Vol. 12, No. 22, pp. 189-205, 2015

Sydney Law School Research Paper No. 16/51

18 Pages Posted: 8 Jun 2016

See all articles by Bonita C. Meyersfeld

Bonita C. Meyersfeld

School of Law, University of the Witwatersrand, Johannesburg

David Kinley

The University of Sydney Law School

Multiple version iconThere are 2 versions of this paper

Date Written: June 6, 2016

Abstract

Human rights actors have increasingly turned their attention to the role of multinational corporations (MNCs) and their ability to promote or impede the fulfilment of economic, social and cultural rights. This discussion requires an analysis of all relevant players, including those who finance the operations of MNCs. Banks can have significant influence over the operations of MNCs and their role needs to be the subject of greater interrogation, in theory, policy and practice. This article records and analyses some of the policy-oriented initiatives undertaken in South Africa towards the creation of standards for banks operating in the region. Experts and practitioners in Africa have come together to determine the realities faced by the banks of major development projects in the region. This resulted in the Draft Johannesburg Principles of 2011 – yet to be adopted by industry – which speak to the overall protection of human rights by banks.

Keywords: Banks, Human Rights, Economic Social and Cultural Rights, Multinational Corporations

JEL Classification: K10, K30, K33

Suggested Citation

Meyersfeld, Bonita C. and Kinley, David, Banks and Human Rights: A South African Experiment (June 6, 2016). SUR - International Journal on Human Rights, Vol. 12, No. 22, pp. 189-205, 2015, Sydney Law School Research Paper No. 16/51, Available at SSRN: https://ssrn.com/abstract=2791232

Bonita C. Meyersfeld

School of Law, University of the Witwatersrand, Johannesburg ( email )

1 Jan Smuts Avenue
Johannesburg, GA Gauteng 2000
South Africa

David Kinley (Contact Author)

The University of Sydney Law School ( email )

New Law Building, F10
The University of Sydney
Sydney, NSW 2006
Australia

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