Business and Human Rights in Public Institutions: Protecting Employees and Service Recipients through Effective Implementation of the UN Guiding Principles

Abstract

Zambia public institutions have in recent years increasingly began to operate using business-oriented models, predominantly in sectors such as water, energy etc. Even though these models are meant to promote efficiency and financial sustainability, they have instantaneously intensified human rights risks for employees and service recipients. This article is meant to examine keys issues relating to the persistent lack of implementation and awareness of business and human rights standards in public institutions. In this article, the main focus will be on Zambia. It is argued that when a system contains governance failures, weak labour protections and limited accountability mechanisms there is an increase of resignations from of skilled employees and the impairment of public services. This paper will apply some key principles from the United Nations Guiding Principles on Business and Human Rights as the analytical framework. It shall further analyze some international and domestic obligations, recent governance reforms, including the National Corporate Governance Code launched by the Ministry of Justice. Therefore, the article concludes that effective integration of business and human rights into public institutional governance is critical for protecting employees as internal stakeholders and safeguarding the public as external stakeholders and service receivers.

1. Introduction

By tradition, issues relating to international human rights obligations are primarily placed on the state whereas businesses were taken as private actors operating outside the direct sphere of human rights. However, the intersection between operations and human rights has recently become a central theme in contemporary legal scholarship and governance discourse. Consequently, this development has progressively eroded as both private and public institutions continue to increasingly influence employment conditions, access to essential services and socio-economic welfare. In Zambia to be precise, public institutions such as statutory bodies, state owned enterprises and public utilities play a very significant role over employment and service delivery.

It is an imperative truth that decisions taken by supervisors and senior management within these institutions directly affect employees as internal stakeholders and the public as service recipients Notwithstanding this truth, responsiveness and implementation of business and human rights standards remain weak, resulting in maladministration, corruption and loss of institutional capacity.

There is a growing concern within public institutions relating to resignation of competent and experienced employees due to abusive supervision, corruption, favouritism and lack of effective accountability mechanisms. These governance failures not only violate the rights of employees as but also undermine the rights of the public.

The article is meant to examine the protection of stakeholders more specially employees and service receivers with the ambit of Zambian public institutions through the lens of business and human rights. It analyses the relevance and application of the United Nations Guiding Principles on Business and Human Rights (UNGPs), the constitutional framework, labour and public service legislation, the role of the Anti-Corruption Commission (ACC) and Integrity Committees, and the complementary function of the National Corporate Governance Code issued by the Ministry of Justice.

In furtherance, the article argues that weak implementation and limited awareness of business and human rights standards in public institutions has contributed to maladministration, corruption and declining service delivery. Strengthened enforcement, institutional independence and human rights education are therefore essential to protecting employees, restoring integrity and safeguarding the public interest.

2. Literature Review

According to John Ruggie, the modern business and human rights discourse emerged in response to the growing recognition that business entities, including state-owned enterprises and public institutions, meaningfully influence the enjoyment of human rights. Customarily, international human rights law focused on State responsibility, while corporations were regulated indirectly through domestic law. This approach was endorsed when the United Nations Human Rights Council passed a resolution in 2011 on Human Rights and Transnational Corporations and Other Business Enterprises. In furtherance, the United Nations Guiding Principles established all enterprises both private and public to accept the responsibility to respect rights regardless of a States’s ability or willingness to fulfil its obligations.

According to the Office of the United Nations High Commissioner for Human Rights, the issue of respecting human rights requires proactive measures, including human rights due diligence, internal accountability mechanisms and access to remedies. Some scholars continue to argue that governance failures within public institutions such as lack of transparency, abuse of authority and weak oversight are key drivers of human rights violations affecting both employees and the public.

Interestingly, most of the Zambian literature and institutional reports reliably identify traits such as corruption, maladministration and weak ethical leadership as insistent challenges in public institutions and calls for immediate action by the government. Nevertheless, inadequate scholarly attention has been paid to analysing these issues through a business and human rights framework, particularly in relation to employee protection and service delivery.

Analysis

Constitutional Protection of Stakeholders

The recognition and protection of fundamental freedoms is provided for under Part III of the Constitution of Zambia (Amendment) Act 2016 which guarantees fundamental rights and freedoms, including equality before the law, dignity of the person, freedom from discrimination and protection from arbitrary treatment. The Constitution as the supreme law of the land also establishes the three states organs namely, the Judiciary, Executive and Legislature who operate through decentralized departments. It also recognizes state owned, quasi government and public institutions as part of public service officers. this clearly shows that rights bind all organs of the State and public institutions.

Therefore, maladministration by supervisors such as arbitrary disciplinary action, abuse of authority and discriminatory practices constitutes a violation of constitutional rights and undermines the rule of law. 

Employees as Stakeholders

It is worth noting that employees in public institutions are critical stakeholders whose rights to fair labour practices are protected under the Employment Code No.3 of 2019.  Notwithstanding this framework, many supervisors engage in corrupt and unethical practices, including favoritism, victimization and manipulation of promotion processes. This conduct has led to common frustration among employees, resulting in resignations of competent personnel. In turn this loss of institutional capacity directly affects service delivery and public confidence. It is not in dispute that good public service demands an efficient human resource. Therefore, when hardworking and dedicated employees rise in high numbers, this results in poor service delivery. At times, the mentality of the employees themselves may result in poor service delivery which is a violation of human rights. For example, engineers employed by a public water utility who steal chemicals and not add them to the water for purification are violating the rights of the external stakeholders who are the customers. As per United Nations standard and from a human rights perspective, customers are entitled to clean and safe water. That’s public institutions are supposed to pay attention to the constitutional mandate as enshrined under Part III of the Constitution to promote, protect and respect human rights.

Role of the Anti-Corruption Commission and Integrity Committees

The Anti- Corruption Commission is one of the institutions in Zambia mandated to prevent, investigate and prosecute corruption. As part of its preventive strategy, the commission has in the recent years embarked on a mission to promote the creation of Integrity Committees in public and private institutions. These integrity Committees are meant to promote ethical conduct and compliance with laws and standards. However, having served as a member of the Integrity Committee it has been observed that the effectiveness of the integrity committees is at times undermined by structural challenges and lack of independence. This lack of independence weakens accountability and perpetuates corruption and maladministration.

National Corporate Governance Code

It is worth noting that strong governance systems yield better results. Recently the Ministry of Justice issued the National Corporate Governance Code which reinforces ethical leadership, accountability, transparency and stakeholder inclusivity. The Code complements the Anti-Corruption Commission’s work by embedding integrity and human rights considerations into governance structures. Its emphasis on ethical leadership aligns with the United Nations Guiding Principles by recognizing employees and service recipients as stakeholders whose rights must be respected. The National Governance Code is one of the government efforts of evolving from the traditional way of governance to the contemporary which demand accountability, effective governance structures, ethical leadership and risk management. Mots public institutions tend to fail the test when it comes to the tenets aforementioned resulting in poor service delivery. For instance, when employees have a mindset of my relative is the senior director even if we steal the stock or not report for work. The public generally are deprived of such services and some more whereas the employee is misusing them. Now, when accountability, risk management, ethical leadership and structures are properly installed in a system order may be sustained.

Comparative Perspective

Relatively, jurisdictions such as South Africa have strengthened protections for whistle-blowers and internal accountability mechanisms within public institutions. Such measures enhance institutional independence and encourage ethical reporting. On the other hand, the United Kingdom integrates human rights considerations into public sector governance through the Human Rights Act 1998 and placed strong oversight mechanisms.

Subsequently, Zambia can get many lessons from such jurisdictions by strengthening protections for Integrity Committee members and embedding human rights due diligence within public institutions.

Findings

Having reviewed various issues on the topic, the article finds makes the following findings:

1. There is a weakness in the implementation of the human rights standards which time and again contributes to maladministration and corruption.
2. There is lack of adequate protection accorded to employees internally as stakeholders leading to frustrations, resignations and institutional decline.
3. At times integrity Committees may lack independence due to hierarchical power dynamics in public institutions.
4. Despite the launch of the  National Corporate Governance Code which is intended to provide a strong framework there is need for effective enforcement
5. Some public servants are not fully aware that corruption and maladministration constitutes human rights violations. This failure to appreciate the linkage may encourage unethical conduct and undermine service delivery.

7. Conclusion and Recommendations

Conclusion

It has been observed that the protection of employees and service receivers in public institutions is a critical  matter of business and human rights issue in Zambia. When there is weak governance, restricted enforcement and lack of awareness  accountability and public trust are strongly undermined.

Recommendations

1. The Anti Corruption Commission should put in place intense compliance monitoring and enforcement measures to protect employees who sit as integrity committee members.
2. There is need for mandatory capacity building activities in human rights and governance for public institutions.
3. Public institution should be encouraged to prepare Business and Human rights policies and conduct awareness campaigns internally for employees and customers to appreciate
4. Service charters must be mandatory and publicly displayed to promote accountability
5. The ACC should intensify compliance monitoring and enforcement to protect Integrity Committee members.

REFERENCE(S): 

Books

List of Statutes

1. 1. Anti-Corruption Act No 3 of 2012
   2. Constitution of Zambia (Amendment) Act 2016
   3. Employment Code Act 2019

Anti-Corruption Commission, Integrity Committee Guidelines

Reports and Handbooks

1. Human Rights Commission (Zambia), National Baseline Assessment on Business and Human Rights (2016)
2. Human Rights Commission (Zambia), State of Human Rights in Zambia Annual Report 2021–2022
3. Institute of Directors Zambia, Commentary on the National Corporate Governance Code
4. International Covenant on Civil and Political Rights 1966
5. International Covenant on Economic, Social and Cultural Rights 1966
6. Ministry of Justice (Zambia), National Corporate Governance Code
7. Office of the United Nations High Commissioner for Human Rights, The Corporate Responsibility to Respect Human Rights: An Interpretive Guide (UN 2012)
8. United Nations, Guiding Principles on Business and Human Rights (UN 2011)
9. United Nations Human Rights Council, Resolution 17/4 (2011)