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HUMAN RIGHTS/WORKPLACE
APRIL 2008
4/18/08
Protect, Respect and Remedy: a Framework for Business and Human Rights, business-humanrights.org. The report prepared by John Ruggie will be considered by the UN Human Rights Council at its Geneva session June 2-13, 2008. Ruggie, the UN Special Representative on Human Rights and Business, calls for a new 3-pronged international policy framework to govern corporate accountability in the area of human rights: further promoting (1) the State duty to protect, (2) the corporate sector’s responsibility to respect, and (3) mechanisms for redress for victims of human rights abuses perpetrated by corporations. Ruggie’s findings, after a consultation and investigative process that began in June 2005, are that the “international community is still in the early stages of adapting the human rights regime to provide more effective protection to individuals and communities against corporate-related human rights harm.” (para. 1) The report adds that “the root cause of the business and human rights predicament today lies in the governance gaps created by globalization”.(para. 3). He says that “the business and human rights agenda remains hampered because it has not yet been framed in a way that fully reflects the complexities and dynamics of globalization” (para. 10) … and “currently lacks an authoritative focal point”. (para. 5). Ruggie highlights inefficiencies and misalignments of the present system, emphasizing the lack of a systematic approach, weak adherence to corporate commitments, weak grievance mechanisms, and the “adverse effects of domestic policy incoherence” (para. 33) A key point is that international investment arbitration mechanisms, such as the ICSID, which were designed to resolve disputes between States and corporations are at odds with the effective protection of human rights. Ruggie says stabilization clauses in bilateral investment treaties are largely closed and nontransparent, leaving affected communities without key information about potential human rights impacts of corporate activity. (para.37) State Export Credit Agencies (ECAs) are mentioned as investment promoters that can neglect their responsibilities to uphold the obligations of the State relative to human rights. (para. 40) Ruggie calls for existing “human rights treaty bodies to play an important role in making recommendation to States on implementing their obligations to protect rights vis a vis corporate activity.” (para. 43) The report says the OECD Guidelines for Multinational Enterprises guidelines are “the most widely applicable set of government-endorsed standards related to corporate responsibility and human rights”, but “their current human rights provisions not only lack specificity, but in key respects have fallen behind the voluntary standards of many companies and business organizations." (para 46) Ruggie welcomes advances made by national government offices of the OECD Guidelines process (called NCPs) such as the Dutch office which has incorporated multi-stakeholder teams to review complaints, but more generally says that “in practice they have too often failed to [apply the Guidelines].” (para. 98) Some offices, notes Ruggie, suffer conflicts of interest by having to both promote private corporate investments while at the same time review complaints against the same investments. Ruggie notes corporate finance standards such as the Equator Principles to develop grievance procedure, currently lacking in most development finance schemes. (para. 100) Ruggie steers the UN away from pressing for binding legislation, conceived under the UN Human Rights Norms for Business, because the norms “define a limited list of rights linked to imprecise and expansive responsibilities” (para. 51). Ruggie provides corporations with concrete recommendations about how corporations can do better on human rights: (1) adopt a human rights policy, (2) conduct impact assessments about the “potential implications of their activities before they begin”, (3) integrate their human rights policy throughout the company, and (4) track performance. Ruggie’s recommendations go to the responsible agencies, such as the Human Rights Council, with direct recommendations and a specific three tiered agenda centered around the Duty to Protect, the responsibility to Respect and the need for stronger Grievance Procedures. The question is how the UN will take Ruggie’s framework suggestion forward (if at all) and how States, which were extremely reluctant to engage in a corporate accountability discussion under the previous draft Norms era, will react. Will the Human Rights Council work towards binding legislation? Will States come together in a collective manner to strengthen national corporate compliance? Will more work be done to bring greater collective harmony and coherence to a highly un-articulate global corporate accountability system? Will Ruggie’s mandate be extended to focus on his proposed areas of advocacy? Many agree that the mere existence of the mandate keeps the corporate accountability and human rights agenda alive. International agencies like the International Finance Corporation (IFC) and many large private corporations are able to work and deepen the human rights debate, simply because the UN has named a Special Representative to work on the issue. Contact: Jorge Daniel Taillant jdtaillant@cedha.org.ar Tel. +54 9 11 67 29 54 66. Comment: The Ruggie report gives appropriate recognition to voluntary efforts to protect human rights, but presses to extend these protections to all workers and communities.

MARCH 2008
3/5/08
Goldman Sachs Funds Women in Developing Countries. The money will help pay for targeted business programs for 10,000 underserved women in emerging economies.The Goldman Sachs Group Inc. is committing $100 million over the next five years to pay for the business educations of 10,000 underserved women in emerging economies. The money will help pay for targeted business programs developed by universities in Europe and the United States, as well as colleges in Africa, India and Afghanistan. 2/5/08 Workplace Happiness, AdAge. If you thought that walking-heart ad shown during the Super Bowl was pretty weird and stupid (remember, the walking heart puts out a sign saying "I quit"), you weren't alone, although the underlying sentiment might have found an interesting outlet. The ad has been widely panned. What is the point of having the name "Career Builder" associated with the destruction of a building?

NOVEMBER 2007
11/26/07 Has the Greening of CSR Gone Too Far? Michael Hopkins, MHCInternational. The CSR pendulum may have swung too far toward the environment, leaving too little attention to social issues.
11/21/07 Child Labor in the Cocoa Industry, International Rights Advocates.
11/21/07 Sweatshop Crosses, AP. Crosses being sold by St. Patrick’s Cathedral and Trinity Church are linked to a Chinese factory with sweatshop conditions. An effective target for Charles Kernaghan, who gets credit for circumstantial links connecting a sweatshop with the product and the product to the churches. The churches were caught with no knowledge of their supply chain. No doubt this will change quickly.
11/15/07 EPA Staffers
Form PEER Group to Oppose Testing Pesticides on Children and Others, Common Dreams.
11/12/07 Primitive Impulses of War, James Carroll, Boston Globe.
11/12/07 In the tradition of John Banzhaf of GWU Law School or Bob Gnaizda of Public Advocates and the Greenlining Institute, NYU Law School’s Electronic Privacy Information Center (EPIC) is addressing the privacy issues involved in the Google-Doubleclick merger. Law School Professor Marc Rotenberg spoke on this issue to a packed hall at NYU's Stern School of Business on November 12.
11/5/07 SAI 10th Anniversary Conference, The Social Accountability International conference in New York City brought together human rights workers, government officials and corporate officers from many parts of the globe. The SA8000 standard is being reviewed.
11/4/07
Gap Announces Sweatshop-Free Labeling Initiative, Guardian. Gap Inc. is looking intp a Rugmark-type process to ensure that the goods it buys are made in a sweatshop-free workplace.

11/1/07 Ethical blogging. Carnegie Council for International Affairs. Comments to this post get to do some blogrolling.

11/1/07 Intentional Communities, National Catholic Reporter. Workplaces that are also living spaces, focused on human rights and providing a sense of belonging.

OCTOBER 2007
10/26/07
Marketers Use Trickery to Evade No-Call Lists, WSJ. This is another aspect of the privacy issue.10/25/07 CEOs on Strategy and Social Issues, McKinsey Quarterly (Summary; longer version with free registration)
10/25/07 BENNY Awards Go to ... No Dirty Gold, Corporate Ethics International
10/23/07
Ethics Officers - Positions that Need Power, Ethical Corporation
10/17/07 CSR Certificate Program, University of Toronto
10/16/07 BSR Awarded $2 Million Grant to Promote Responsible Competitiveness in Central America
10/16/07 Ethical Sourcing Forum North America 2008
10/16/07 Companion Systems Certified as a Women's Business Enterprise
10/15/07 SAI 10th Anniversary Conference (11/5), ASRIA
10/15/07
Responsible Business Leaders Convene in San Francisco
10/12/07 Sustainable Business Special Report, Financial Times
10/11/07
BSR Expands Women's Health Commitment in Supply Chains at Clinton Global Initiative
10/10/07 Reporting on CSR by Largest Companies in Eastern Europe Improves
10/10/07 Principal Financial Group Named a 2007 "Best" Employer for Working Moms
10/10/07 USAID and World Cocoa Foundation Sign Agreement to Support Education in West African Cocoa Communities
10/4/07 Analysis: How Buying Practices Impact Workers' Rights, Just Style
10/1/07 Encouraging Dissent in Decision-Making, Harvard Business School

SEPTEMBER 2007
9/28/07 President Clinton Concludes 3rd Annual Meeting of the CGI, Clinton Global Initiative. CGI members made 245 commitments to global health, education, poverty reduction, or energy and climate change. They were individuals, foundations, and these companies: Petra Group, YouTube, Fabindia, Geothermal Power Company of Iceland, Kleiner Perkins Caufield & Byers, Heinz, Deutsche Bank, Goldman Sachs, Swiss Re, Gap, Jacob Fruitfield Food, McKinsey, Starbucks, EnBW, Bank of America, Pacific Gas & Electric, FourWinds Capital Management, Skidmore, Owings and Merrill, Ameresco, Wal-Mart, Holcim, Condé Nast, Britannia Industries, Procter & Gamble, Shell, Liquidnet, JLF Corporation, Coca-Cola, Aisiks Capital, Infinity Bio-Energy, Hall Financial Group & Hall Wines, Verdeo Group, PepsiCo, MM Project Consultants, Eagle Capital, CoolerInc., Albright Group, Philips.

HUMAN RIGHTS/WORKPLACE

1/12/08 (Blogspot): This year Women's History Month in March and Women's Equality Day on August 26 have special significance. It's the 160th anniversary year of Seneca Falls. It's also the first year ever that a woman is a serious candidate for the office of President of the United States. Ten years ago on the the occasion of the 150th anniversary of Seneca Falls I was privileged to have had produced at the GeVa Theater in Rochester a music-accompanied history of the American women's movement, titled "Take Up the Song". The title song is presented by the Akoma choir and folk music is played between each sequence. More: 1/12/08, Blogspot, John Tepper Marlin, Seneca Falls, 160 Years Ago.

1/9/08 (HuffPost): What a difference four years make! In July 2004, a commentator on the Presidential election noted that it was 156 years since the Seneca Falls convention for women's rights. Even though Barack Obama was giving the keynote speech that month at the Democratic Convention, the commentator said it would be "ridiculous" to associate the 1848 convention with the Democratic Party. Now it's the 160th anniversary year of Seneca Falls and we have two good reasons for associating that historic event with the Democratic Party - Hillary Clinton and Barack Obama. More: 1/9/08, John Tepper Marlin, Huffington Post, Clinton, Obama and Seneca Falls.

1/4/08 (HuffPost): In his victory speech after the Iowa Democratic Caucus yesterday, Sen. Barack Obama seeks to unify the United States. His words should be relayed and listened to in Kenya, where widespread unrest and loss of life is occurring following actions of the incumbent president, Mwai Kibaki, a Kikuyu tribesman. Kibaki rushed to declare his reelection over Luo challenger Raila Odinga, despite signs of election irregularities. More: 1/4/08, John Tepper Marlin, Huffington Post, Obama's Plea for Unity Should Be Heard in Kenya. 1/3/08, Blogspot, John Tepper Marlin, The Irony of Barack Obama's Win in Iowa While Kenya Is in Flames.


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