Citation
The United Nations Global Compact's human rights principles

Material Information

Title:
The United Nations Global Compact's human rights principles
Creator:
Ghaibeh, Huda Julie ( author )
Place of Publication:
Denver, CO
Publisher:
University of Colorado Denver
Publication Date:
Language:
English
Physical Description:
1 electronic file (133 pages). : ;

Subjects

Subjects / Keywords:
Human rights ( lcsh )
Genre:
bibliography ( marcgt )
theses ( marcgt )
non-fiction ( marcgt )

Notes

Review:
This thesis aims to determine the effectiveness of the largest corporate social responsibility initiative, the United Nations Global Compact, in the protection of human rights by businesses. Certain scholars critique the Compact's human rights principles and voluntary aspect while others support it. The main critique is that the principles fail to provide adequate direction to businesses. However, my assertion is that the voluntary initiative's human rights principles are effective. I have relied on secondary literature in analyzing the paths of a number of signatory businesses, each from differing sectors, in addressing human rights. It appears that the vagueness of the principles serves a purpose for businesses of different industry types and contexts. In other words, my originally proposed thesis was strengthened after examining how various signatory businesses have sought to support human rights. Rather than turning the principles into a highly structured code of conduct for all businesses as the critics have argued, I argue that the principles should remain general and that more detailed direction must be developed for each individual business according to industry type, geographical location, size, and other particular circumstances.
Thesis:
Thesis (M.S.S.)--University of Colorado Denver. Humanities and social sciences
Bibliography:
Includes bibliographic references.
System Details:
System requirements: Adobe Reader.
General Note:
Department of Humanities and Social Sciences
Statement of Responsibility:
by Huda Julie Ghaibeh.

Record Information

Source Institution:
University of Colorado Denver
Holding Location:
|Auraria Library
Rights Management:
All applicable rights reserved by the source institution and holding location.
Resource Identifier:
898492428 ( OCLC )
ocn898492428

Downloads

This item is only available as the following downloads:


Full Text

PAGE 1

THE UNITED NATIONS GLOBAL COMPACTÂ’S HUMAN RIGHTS PRINCIPLES: AN ANALYSIS by HUDA JULIE GHAIBEH B. A., University of Colorado Denver, 2007 A Thesis Submitted to the Faculty of the Graduate School of the University of Colorado in partial fulfillment of the requirements for the degree of Master of Social Science Humanities and Social Sciences 2014

PAGE 2

ii This thesis for the Master of Social Science degree by Huda Julie Ghaibeh has been approved for the Humanities and Social Sciences Program by Stephen Thomas (Chair) Christoph Stefes Mary Schaeffer Conroy April 29, 2014

PAGE 3

iii Ghaibeh, Huda Julie (M.S.S., Humanities and Social Sciences) The United Nations Global CompactÂ’s Human Rights Pr inciples: An Analysis Thesis directed by Associate Professor Stephen Thom as. ABSTRACT This thesis aims to determine the effectiveness of the largest corporate social responsibility initiative, the United Nations Globa l Compact, in the protection of human rights by businesses. Certain scholars critique the Compa ctÂ’s human rights principles and voluntary aspect while others support it. The main critique is that the principles fail to provide adequate direction to businesses. However, my assertion is that the voluntary initiativeÂ’s human rights principles are effective. I have relied on seconda ry literature in analyzing the paths of a number of signatory businesses, each from differing sectors, in addressing human rights. It appears that the vagueness of the principles serves a purpose for businesses of different industry types and contexts. In other words, my or iginally proposed thesis was strengthened after examining how various signatory businesses ha ve sought to support human rights. Rather than turning the principles into a highly st ructured code of conduct for all businesses as the critics have argued, I argue that the principle s should remain general and that more detailed direction must be developed for each indiv idual business according to industry type, geographical location, size, and other particular c ircumstances. The form and content of this abstract are approved. I recommend its publication. Approved: Stephen Thomas

PAGE 4

iv TABLE OF CONTENTS CHAPTER I. INTRODUCTION .................................. ................................................... ................................. 1 Possible Human Rights Violations .................. ................................................... ......................... 1 Introduction to the United Nations Global Compact ................................................... .............. 3 The UN on the Responsibility of Businesses in the P rotection of Human Rights ...................... 4 More on the Global Compact and How It Works ....... ................................................... ............. 6 Terms, Concepts, and Guidance Materials Provided an d Recommended by the Compact ........ 6 Structure of Thesis ............................... ................................................... .................................... 8 II. SURVEY OF THE LITERATURE ..................... ................................................... ................ 11 Critiques of the UN Global CompactÂ’s Human Rights P rinciples ......................................... ... 11 Support for the UN Global CompactÂ’s Human Rights Pr inciples .......................................... .. 13 Critiques of Voluntary Initiatives ................ ................................................... ........................... 15 Support for Voluntary Initiatives ................. ................................................... .......................... 17 III. THEORY ...................................... ................................................... ...................................... 20 The UN Global Compact and Social Constructivism ... ................................................... ......... 21 The UN Global CompactÂ’s Human Rights Principles ... ................................................... ........ 21 Voluntary Initiatives vs. Mandatory Regulations ... ................................................... ............... 22 The Role of Soft Law .............................. ................................................... ............................... 23 Conclusion ........................................ ................................................... ...................................... 25 IV. CASE STUDIES ................................. ................................................... ................................ 26 Methods ........................................... ................................................... ....................................... 26 Sasol (Chemical Sector) ........................... ................................................... .............................. 26

PAGE 5

v Titan Industries Ltd. (Luxury Goods) .............. ................................................... ...................... 34 Newmont (Metals & Mining Sector) .................. ................................................... ................... 37 Volkswagen (Automobiles & Parts) .................. ................................................... .................... 44 Telenor Group (Mobile Telecommunications) ......... ................................................... ............. 50 FSI Worldwide (Support Services) .................. ................................................... ...................... 56 ASN Bank (Financial Services) ..................... ................................................... ........................ 62 Conclusion ........................................ ................................................... ...................................... 70 V. CONCLUSION .................................... ................................................... ................................ 72 Case Analyses ..................................... ................................................... ................................... 72 Sasol.............................................. ................................................... ...................................... 72 Titan Industries Ltd. ............................. ................................................... .............................. 73 Newmont ........................................... ................................................... ................................. 74 Volkswagen ........................................ ................................................... ................................ 74 Telenor ........................................... ................................................... ..................................... 75 FSI Worldwide ..................................... ................................................... .............................. 75 ASN Bank .......................................... ................................................... ................................. 76 Concluding Thoughts on Cases ...................... ................................................... ........................ 77 Signatory Businesses Are Making Improvements in the Area of Human Rights ..................... 77 On Delisted Businesses ............................ ................................................... .............................. 78 The Human Rights Principles ....................... ................................................... ......................... 80 Voluntary vs. Mandatory Argument .................. ................................................... .................... 83 Concluding Thoughts to Thesis...................... ................................................... ........................ 83 Future Recommendations ............................ ................................................... ........................... 84

PAGE 6

vi REFERENCES ........................................ ................................................... .................................. 87

PAGE 7

1 CHAPTER I INTRODUCTION Globalization has become a human rights concern for many individuals and organizations. Certain multi-national corporations are more powerful than many countries today. For example, data from the World Bank show that Roy al Dutch Shell, ExxonMobil, and WalMart Stores rank higher economically than entire na tions, such as Malaysia, Belgium, or Colombia. BP ranks higher economically than Sweden Switzerland, or Austria. Toyota Motor is greater in economic size than the Czech Republic The income of Chevron is more than the income of either Peru or Vietnam.1 The power and influence of such large corporation s may have tremendous consequences in the area of human r ights. With companies increasingly establishing factories or hiring workers in foreign lands, they may or may not be considerate towards the people of those lands. Unfortunately, a large number of businesses are guilty of human rights abuses towards the natives of their co untries of operation or, perhaps, even towards the peoples within their own societies. It is crit ical to determine how to limit the potential adverse impact of the power of businesses for the s ake of human rights. The aim of this thesis is to analyze the ways in which the United Nations is attempting to address the human rights compliance of corporations, particularly through th e United Nations Global Compact. Possible Human Rights Violations According to the Business & Human Rights Resource C entre, regardless of the type of sector, all businesses have human rights impacts an d duties.2 Businesses could have an impact on several human rights concerns, such as “discrimi nation, sexual harassment, health & safety, freedom of association and to form unions, rape, to rture, freedom of expression, privacy, poverty, food and water, education and housing.”3 The website offers several specific examples, both historical and rather current. Some of the historical examples have to do with

PAGE 8

2 how businesses benefitted from the slave trade, enf orced work upon Asians in World War II, sold products or offered services to Nazi Germany, and supported the South African apartheid and Latin American military regimes by supplying th em with products utilized for the continuation of human rights violations. More rece ntly, Academi (formerly, Blackwater) had been brought to court for killing seventeen people in Baghdad in 2007. An American business in Peru failed to update its lead smelter, which re sulted in severe health consequences of the local civilians. It was discovered that 99% of the children in the region had harmful amounts of lead in their bloodstream. Beer corporations th at hired young Cambodian women for advertising purposes failed to protect these women from rape and sexual abuse. Diamond businesses in Angola hired security agents that wer e guilty of attacking, torturing, and killing miners. Wal-Mart was sued for discriminating again st 90,000 female employees in the United States. The companyÂ’s managers in France had speci fically demanded white employees from recruiting agencies. Hundreds of coal miners in Ch ina lose their lives annually. In Uzbekistan, not only is child labor enforced but al so unpaid. Businesses in the beverage sector in India have supposedly caused water suppli es to drop significantly. Yahoo! China turned over private user information from Chinese d issidents to their government, violating the freedom of expression and resulting in the diss identsÂ’ incarceration. International businesses based in Colombia were brought to court for supposedly hiring paramilitaries who bullied and killed union leaders. In Burma, oil co rporations had become guilty of complicity when security agents of a pipeline had tortured and killed protesters. An Indian mining business was charged with forcing a group of indige nous people to relocate without offering sufficient compensation.4

PAGE 9

3 Therefore, businesses could be involved in multiple types of human rights violations. Factory workers may be deprived of adequate working conditions. The associated environments may be highly polluted or unsafe altog ether for their workers. Factories also may cause environmental damage towards land, stream s, and air, which reduces the quality of life of the local inhabitants. Workers are oftenti mes not able to get their basic needs met. For example, managers may demand much more work than av erage in a short period of time, which creates much stress on workers and deprives t hem of their right to rest. On top of that, they may receive very poor wages. In addition, cor porations may be guilty of establishing business partnerships with violators of human right s, such as certain foreign governments or political parties of their countries of operation. Some corporations may deny their employees freedom of speech in their native lands. Or corpor ations may hire local militia to suppress human rights activists. Other corporations may cho ose to simply remain silent while human rights violations are rampant within their country of operation. Arguably, this silence could make such a corporation guilty of human rights abus es. Introduction to the United Nations Global Compact Klaus Leisinger, Aron Cramer, and Faris Natour expl ain that although the SecretaryGeneral of the United Nations Kofi Annan and the Hi gh Commissioner for Human Rights Mary Robinson made human rights and business a top concern, governments, civil society organizations, and corporations were uncertain abou t the relationship between human rights and business, which is how the United Nations Globa l Compact came into existence.5 According to Andreas Rasche, in 1999 then United Na tions Secretary-General Kofi Annan argued for a “Global Compact” at the World Economic Forum in Davos.6 Secretary-General Kofi Annan said: “I asked business leaders not to wait for governments to impose new laws,

PAGE 10

4 but to take the initiative in improving their own c orporate practices...And I offered you the help of the appropriate United Nations agencies.”7 Current United Nations Secretary-General Ban Ki-Moon describes the Global Compact as a speci al network between the United Nations, civil society organizations, and corporations.8 According to Rasche and Georg Kell, the Global Compact was (officially) established in 20009 and is now the “largest corporate responsibility initiative in the world.”10 The United Nations Global Compact has established a list of ten principles in the areas of human rights, labor standards, environment and a nti-corruption.11 Two of the ten principles pertain to human rights. The following are the pri nciples: Principle 1: Businesses should support and respect the protection of internationally proclaimed human rights within their sphere of influence; and Principle 2: Make sure that they are not complicit in human rights abuses 12 The purpose of my thesis will be to address the res earch question: How effective are these human rights principles of the Global Compact? The UN on the Responsibility of Businesses in the P rotection of Human Rights The main idea behind the UN Global Compact’s human rights principles has to do with the responsibility on the part of everyone, includi ng businesses, to respect human rights and to prevent human rights violations as much as possible This concept stems from the raison d'tre of the United Nations and its Universal Declaration of Human Rights, both of which will be briefly discussed in this section. Businesses may not even be aware that they have a responsibility in the promotion of human rights and the prevention of human rights violations. Their managers may consider the responsibility of t he protection of human rights to be primarily a governmental concern and, thus, fail to strive in this area within their own capacity.

PAGE 11

5 According to Jussi Hanhimaki, (in 1945) the creator s of the United Nations were interested in an organization that would preclude a nother devastating war (such as World War II) and that would secure human rights.13 The United Nations has very clear-cut goals set o ut in its Charter. For example, the Preamble to the C harter of the United Nations states: “to save succeeding generations from the scourge of war..., to reaffirm faith in fundamental human rights, in the dignity and worth of the human perso n, in the equal rights of men and women and of nations large and small…”14 Rasche adds that the UN Charter was signed not only by nations but also by businesses and NGOs because it was hoped that they would be in volved as well in contributing to the cause of peace and human rights. He further explai ns that businesses can be political actors, too. Also, collaboration between corporations and the United Nations is necessary as the latter’s goals cannot be completed on its own. The international community is increasingly becoming interdependent.15 In 1948, the UN General Assembly created the Univer sal Declaration of Human Rights.16 The Preamble to the Declaration maintains that: (The) common standard of achievement for all people s and all nations, to the end that every individual and every organ of society, keepin g this Declaration constantly in mind, shall strive by teaching and education to pro mote respect for these rights and freedoms and by progressive measures, national and international, to secure their universal and effective recognition and observance, both among the peoples of Member States themselves and among the peoples of t erritories under their jurisdiction.17 Leisinger, Cramer, and Natour as well as other scho lars draw attention to the terms or phrases “that every individual and every organ of society…s hall strive…to secure their universal and effective recognition and observance.”18 Leisinger, Cramer, and Natour contend that this shows that even individuals and private corporation s have duties in the area of human rights.19

PAGE 12

6 This realization may help one comprehend part of th e reasoning behind the human rights principles of the Global Compact. More on the Global Compact and How It Works According to Rasche and Kell, the Global Compact is a voluntary corporate social responsibility initiative. Signatories of the Comp act include not only large, multinational corporations, but also small businesses. When a CE O signs onto the initiative, he or she is expected to embed the Compact’s principles into the business’s activities. However, the Compact is not meant to serve as a standard for exa mining whether businesses have been adhering to the principles. Nor is it a seal of ap proval for signatory companies. The Compact (simply) demands businesses to report on their prog ress every year using a Communication on Progress report. Businesses who do not report on t heir progress are delisted from the Compact. The initiative is not designed to replace what could be accomplished through governmental regulation. But it does attempt to fi ll governance gaps throughout the world.20 Guy Ryder notes that the mechanisms of the Compact are: “dialogue, learning, Local Networks, and project development.”21 Oliver Williams further explains that the Compact is about civil society organizations, such as NGOs, an d businesses engaging in an “incremental process of learning and improvement.”22 Rasche emphasizes that the Compact provides for a “long-term learning network”23 in which participants come together to discuss the ir thoughts and suggestions regarding the best ways to apply th e Compact’s principles.24 Terms, Concepts, and Guidance Materials Provided an d Recommended by the Compact The Global Compact makes available a wide variety o f tools or guides for businesses interested in improving in the area of human rights It provides descriptions for some of the terms or concepts used in the human rights principl es of which businesses become signatories to. There are interpretations of what “sphere of i nfluence” and “complicity” refer to. For

PAGE 13

7 example, according to Jonathan Hanks, the degree of the “sphere of influence” a company can have may be viewed as referring to a company’s prox imity to particular individuals or organizations, which can be neighbors of the compan y, partners of the company, or members of the host nation’s government who work with the c ompany. The degree of influence a company can have over such individuals or organizat ions has to do with the level of connectedness and the size of the company. A corpo ration of considerable size will have a greater sphere of influence.25 Regarding when a business would be viewed to be “co mplicit” in human rights violations, the Office of the High Commissioner for Human Rights (OHCHR) briefing paper explains: A company is complicit in human rights abuses if it authorises, tolerates, or knowingly ignores human rights abuses committed by an entity associated with it, or if the company knowingly provides practical assistance or encourag ement that has a substantial effect on the perpetration of human rights abuse. The partic ipation of the company need not actually cause the abuse; rather, the company’s ass istance or encouragement has to be to a degree that, without such participation, the abus es most probably would not have occurred to the same extent or in the same way.26 The OHCHR adds that there are multiple types of com plicity. One way of being complicit in human rights violations could be directly engaging in complicity, such as handing over information to the government that the company real izes could be used towards additional human rights abuses. Another way for a corporation to be complicit would be in the case that a corporation has partnered with the government and a cknowledges, or must have acknowledged prior to partnering with the government, that there would be a high chance for the government to engage in human rights violations. An additional t ype of complicity has to do with a corporation benefitting from human rights abuses even if it doe s not directly or indirectly have to do with their occurrences. For example, non-violent demons trators against a corporation may experience

PAGE 14

8 repression by the corporation’s security agents. A nother way could be the case in which a corporation is quiet or passive when frequent human rights abuses are occurring, such as employment discrimination based on race or gender.27 In addition, the Global Compact website provides a long list of guidance materials that signatory companies are encouraged to use when sign ing on to the Compact’s principles. The guidance materials are split into many different ca tegories, such as General Guidance, Human Rights Policies, Risk Assessment, Impact Assessment and Stakeholder Engagement. Some of the General Guidance materials include Publications from the Office of the United Nations High Commissioner for Human Rights, Guiding Principles f or Business and Human Rights: Implementing the United Nations “Protect, Respect a nd Remedy” Framework (endorsed in 2011), A Human Rights Management Framework, Busines s and Human Rights Learning Tool, A Practical Handbook on Business and Human Rights, an d What Executives Need To Know (And Do) About Human Rights. Regarding Human Rights Pol icies, there is the Guide on How to Develop a Human Rights Policy and the Database of C ompany Human Rights Policies. Concerning Risk Assessment and Impact Assessment, b usinesses may utilize sources such as the Guide to Human Rights Impact Assessment and Managem ent and the Human Rights Compliance Assessment Tool. Regarding Stakeholder Engagement, businesses are encouraged to use guides such as Setting up a Multi-Stakeholder Panel as a T ool for Effective Stakeholder Dialogue and From Words to Action: The Stakeholder Engagement M anual. There are many more types of guiding materials available on the website.28 Structure of Thesis This thesis will be an analysis of the effectivenes s of the human rights principles of the UN Global Compact. The following chapters will be Survey of the Literature, Theory, Case Studies, and Conclusion. The Survey of the Literat ure chapter will provide a description of

PAGE 15

9 what many scholars have argued concerning the answe r to my research question. Some scholars are in support of the principles, and othe rs are not. Their reasons will be explained in detail. In the theoretical chapter, I intend to develop my own argument regarding the human rights principles of the Global Compact. My assert ion is that the human rights principles as they are currently stated are most effective for th e best promotion and protection of human rights by corporations. There will be descriptions of relevant concepts and theories to back my assertion, such as social constructivism, “corpo rate-norm entrepreneurship,”29 and the role of soft law. Next will be a chapter on case studies of businesse s that have signed on to the human rights principles of the Global Compact. A search for a detailed course of action taken up by these businesses will be critical in determining th e effectiveness of the Compact’s principles. A description of what businesses of various industr ies have done in the area of human rights will be provided. The industries will consist of t he following categories: oil and gas, luxury goods, metals and mining, automobiles and parts, te lecommunications, support services, and financial services. Businesses from such a wide va riety of industries are chosen for examination mainly because the protection of human rights may mean something different for each type of industry. Finally, the concluding chapter will consist of var ious separate sections. The beginning of the concluding chapter will include co mmentary and analyses of the case studies. Each of the cases will have to be analyzed and weig hed in regards to the opposing arguments of the effectiveness of the principles in the liter ature survey chapter. Also, the concluding chapter will show whether my assertion was supporte d or not. Lastly, various future

PAGE 16

10 recommendations will be made. My thesis should be useful to academics, corporations, civil society organizations, governments, and intergovern mental organizations, such as the United Nations.

PAGE 17

11 CHAPTER II SURVEY OF THE LITERATURE The aim of this thesis is to analyze the effectiven ess of the human rights principles of the United Nations Global Compact in decreasing corpora te-related human rights harm and improving the lives of others. Again, the followin g are the principles: Principle 1: Businesses should support and respect the protection of internationally proclaimed human rights within their sphere of influence; and Principle 2: Make sure that they are not complicit in human rights abuses 30 Should the principles be revised or remain unchange d in order for the best implementation of human rights to occur? Must there be mandatory reg ulations instead of the voluntary initiative? This chapter will provide a survey of the contendin g arguments concerning the effectiveness of the United Nations Global Compact’s human rights pr inciples. It will describe critiques and supporting arguments regarding the principles as we ll as voluntary initiatives, such as that of the Global Compact. Critiques of the UN Global Compact’s Human Rights P rinciples A major critique surrounding the UN Global Compact’ s principles is that the principles are not as specific as they should be. For example Surya Deva notes that the principles of the UN Global Compact are not detailed enough. She arg ues that the language of the principles is too broad, which can be problematic.31 She describes them as “still too compact to be co nsidered truly global”32 and “general and vague.”33 Regarding the terms used in the first principle, Deva argues that the principle does not specify what it means to “support” and “respect,” nor does the principle explicate what the human rights are.34 In addition, she argues that the phrase “sphere o f influence” is also not clear enough to guide corpor ations in their actions.35 Moreover, Deva

PAGE 18

12 contends that the second principle does not demonst rate what not being “complicit in human rights abuses” involves. She reasons that business es need greater direction.36 Klaus M. Leisinger seems to hold a similar point of view. He points out that the principles are quite flawed despite how they may se em (to others).37 He contends that the principles do not quite offer a satisfactory and sp ecific course of action to businesses concerning what they should do.38 He also argues that the terms used, such as “sphe re of influence” and “complicity,” are somewhat vague or indecipherable.39 Leisinger adds that there is much room for explications.40 Thomas Conzelmann and Klaus Dieter Wolf additiona lly contend that the principles of the Global Compact are “extremely vag ue and leave companies wide room for interpretation.”41 According to Andreas Rasche, Justine Nolan also cr itiques the principles for being too general for corporations.42 Deva notes that because the principles are so vague companies can be viewed as adhering to them with barely any effort or progress made in the human rights cause.43 She provides the following quote by A.A. Fatouros to ex pand on her argument: "[a] text referring to a course of conduct in broad terms sets few actual limits on the freedom of those it seeks to regulate ....”44 She further adds that Sean Murphy refers to them as a “minimalist code”45 of conduct.46 In addition, David Weissbrodt describes the princ iples as “ten short sentences”47 (ten principles total of which two are specifically on h uman rights). Therefore, there have been many scholars who argue that the Global Compact’s human rights principles as stated are problematic. These scholars are demanding greater specificity and would probably agree that there needs to be a very highly structured code of conduct for corporations for the sake of human rights. It seem s that they would like to see greater legal

PAGE 19

13 obligations. David Bigge draws attention to the U N Global Compact depending on talking rather than achieving. It fails to make certain th at businesses are abiding by the laws.48 Support for the UN Global Compact’s Human Rights Pr inciples There have been many responses to the critics who a rgue for a clear-cut course of action for corporations. For example, Andreas Rasche cont ends that the purpose of the Global Compact is the establishment of a “long-term learning netwo rk”49 in which both corporations and others will be able to think of and discuss possible solut ions regarding the application of the principles.50 Rasche explains that the aim of the principles is to allow for effective dialogue between corporations and non-corporations rather th an to evaluate adherence. The purpose is to reach agreement and promote ethical conduct. If th e principles were highly structured, they may lose their efficiency and lessen the chance for eff ective problem-solving. Hence, the principles allow businesses to reach their potential consideri ng their particular circumstances.51 According to the handbook of the United Nations: “Global Com pact is neither a clearly dened management system nor a standard. Rather, it is a set of values that the individual company must translate into action…”52 Rasche further argues that taking the specific situ ation of businesses into account is an additional reason for leaving the principles vague.53 He reasons that the Global Compact was created as a “global initiative”54 without any type of condition, such as the size or location of the corporation or the public sector. He explains that because of diverse sectors, locations, and sizes of corporations, a highly structured code of conduc t would not work.55 He cites from the United Nations handbook on the Global Compact to further e xplain: “company approaches [toward the ten principles] are very different. It highlights the flexibility of the Compact and the fact that there is considerable scope for adapting the initia tive to the specific needs and situation of the

PAGE 20

14 individual participant.”56 The handbook on the Global Compact explains that the principles are “flexible”57 as “process and learning are central.”58 The handbook maintains that “what matters is not how a company complies with the principles a t the moment, but rather that the company is committed to change and continuous improvement.”59 Hence, as Rasche points out, the principles as quoted were designed to ease the path for many sectors and regions in meeting their particular needs and that there can be multiple app roaches towards the application of the principles.60 Furthermore, Klaus Leisinger, Aron Cramer, and Fari s Natour contend that though the Global Compact does not provide a highly structured code of conduct for businesses, it pushes corporations to contemplate on its principles and c ome up with new methods for applying them in a productive manner. This contemplation can hav e great potential. Originality can lead a business way beyond a clear-cut set of principles. Creative corporate managers are necessary to figure out how to best implement the principles for the sake of human rights. 61 In Georg Kell’s view, the Global Compact can simply serve as a “moral compass.”62 He explains that the principles allow for participants from differing sectors and organizations that hold what may be considered to be distinct attitude s to come together with a shared outlook. In addition, he argues that the various participants m ust then reach a consensus regarding the implementation of the principles by overcoming any obstacles they may have.63 Kell contends: “Players in the capitalist system would need to agr ee on where competition ends and where collective conscience begins.”64 An additional type of argument made is that the pri nciples can be viewed as an encouraging step in general towards the promotion a nd application of human rights. Leisinger, Cramer, and Natour indicate that the establishment of the human rights principles of the Global

PAGE 21

15 Compact facilitated the increased incorporation of human rights policies around the world. By becoming signatories to the Global Compact, corpora tions are required to report on how they apply the principles.65 According to the Global Compact, there are now ov er 10,000 participants from over 130 nations who have become signatories t o the principles.66 Leisinger, Cramer, and Natour contend that the chance for such a great num ber of corporations to improve in the area of human rights would be very low if they had not sign ed onto the Global Compact and its principles. They further argue that by signing ont o the principles, corporations have been forced to take human rights into greater consideration.67 Critiques of Voluntary Initiatives There are various arguments regarding the effective ness of the voluntary aspect of the Global Compact. Many scholars are of the opinion t hat voluntary codes of conduct are problematic and would, hence, prefer to see more bi nding regulations set. For example, Weissbrodt argues that while voluntary initiatives and corporate codes can increase awareness, they are usually not enough to make businesses prot ect human rights. He reasons: “Although there is a very important educational value in comp any codes and other voluntary initiatives, they often are very vague in regard to human rights commitments and lack mechanisms for assuring continuity or implementation.”68 In addition, according to Ronen Shamir, Oxfam International argues: “At their best, voluntary co des of conduct can act as a guide to corporate practice and set standards for others to follow…At their worst, they are little more than a public relations exercise…What is needed is a set of verif iable and enforceable guidelines covering all aspects of corporate activity.”69 In Florian Wettstein’s view, a voluntary commitment to protect human rights, such as the UN Global Compact’s initiative, is insufficient He argues against the notion that

PAGE 22

16 voluntarily signing on to the human rights principl es could be effective. Rather, he contends that there be mandatory regulations because, he poi nts out, the majority of businesses in the world still have not signed on to the principles. In addition, Wettstein argues that the businesses who have voluntarily signed on to the pr inciples may not be able to fairly compete with the businesses who have not signed on, which h e reasons would decrease the effectiveness of voluntary principles. He explains that if one corporation denied itself profits for the sake of human rights, many others would not hesitate to replace it.70 Wettstein describes the voluntary initiative as a “drop in th e bucket relative to the global human rights situation.”71 He maintains that a mandate for businesses is imp erative in order to bring about the type of commitment necessary to have a signific ant effect in the area of human rights internationally.72 Kavaljit Singh judges voluntary codes of conduct to be ineffective and calls for binding regulations by nation states. He contends that vol untary codes of conduct are instruments used by businesses to make themselves appear positively to others.73 Singh lists five problems with voluntary approaches. The first has to do with the fact that such codes are not legally binding and no business could be deemed guilty of failing t o abide by them. The second issue is that there are relatively few businesses who sign on to voluntary codes. The third problem is that there is no way of making certain that the voluntar y codes are sufficiently implemented towards all the operations of a business (that may be less public), such as suppliers, franchisees, and subsidiaries. The fourth difficulty is that such c odes are sometimes less demanding than the national standards of a business’s country of opera tion. Finally, the proliferation of such codes in a time when businesses are less regulated makes one question their usefulness.74

PAGE 23

17 Support for Voluntary Initiatives Ann Florini is of the view that voluntary codes of conduct could serve as an impetus and encourage businesses to act responsibly in the area of human rights. She reasons that globalization makes corporate governance very chall enging. She points out that there have been many unsuccessful attempts by intergovernmental org anizations to establish regulations for multi-national corporations. She adds that nationa l regulations have usually been inadequate, too. Several governments appear to be incapable of or just not interested enough in making certain that regulatory standards are set and succe ssfully implemented. Hence, voluntary codes of conduct may help fill governance gaps in protect ing human rights.75 Florini argues: “Despite…skepticism, voluntary corporate codes may improve corporate behavior even without the coercion that backs up governmental regulation. Companies do care about their reputations. Reputations are increasingly going global, leaving corporations increasingly vulnerable to new pressures.”76 Latham & Watkins discuss the significance of volunt ary initiatives. They explain that such initiatives help cultivate corporate self-moni toring. When corporations sign on to voluntary initiatives they agree to become engaged in responsible actions. Corporations sign on to such initiatives due to considerateness rathe r than a sense of duty, they argue. The most successful voluntary initiatives offer businesses s pace (flexibility) in order to determine the best methods of addressing issues.77 Latham & Watkins also argue that non-binding volunt ary initiatives must not be replaced for strong regulation. But such initiativ es could be a significant supplement. Such initiatives could serve as powerful drivers for bus inesses. They may motivate corporations to devote greater effort than the minimum necessary de manded by governments.78

PAGE 24

18 Latham & Watkins argue that voluntary initiatives can lead companies towards creativity and leadership in their endeavor of improving in ar eas such as human rights (a good example of this would be the case of Volkswagen, which is desc ribed in the fourth chapter). Voluntarism can inspire and encourage corporations to make soci al responsibilities a major point of interest. They add that because of voluntary initiatives, if regulation is demanded (later), then regulation would only serve as a basis for further action and creativity. Latham & Watkins further note that voluntarism can facilitate the establishment of eth ical principles in the global corporate sphere. It can cultivate competition between businesses. I t can also allow for panel discussions that include multiple stakeholders, such as businesses a nd civil society organizations, who may participate in a joint effort in the pursuit of the ir goals. This type of teamwork, they point out, would be very challenging with regulations (alone).79 Moreover, voluntary initiatives may assist with filling possible voids if regulation is inadeq uate. Depending on laws alone may be restricting for corporations and other organization s.80 They argue that promoting a “spirit of voluntarism”81 will motivate corporations to initiate responsible behaviors to a greater extent than what the law would require.82 Furthermore, Latham & Watkins point out that volun tary initiatives may also help corporations determine how the notion of corporate responsibility can turn into practical, real-life actions. Such initiatives serve as a basis for the investigation and application of certain responsible behaviors. This educational process ma y even eventually help lead to successful regulations if necessary. Latham & Watkins further note that voluntary initiatives may help stakeholders come to agree that responsible actions are a key point of interest for corporations. Such initiatives may also allow for flexibility in determining suitable actions for differing corporations. There are various ways that corporat ions can implement responsible behaviors

PAGE 25

19 depending on the circumstances and environments. A nother benefit of having voluntary initiatives is a reduction in the chance of potenti al risks and losses of resources when attempting to determine successful responsible behaviors with the joint efforts of not only corporations but also civil society organizations. Voluntary initia tives can also have the effect of businesses engaging in the most ideal behaviors with the aid o r advice of multiple stakeholders and can help strengthen corporations in the long run.83 Therefore, a wide range of arguments exist regardin g the human rights principles of principles of the UN Global Compact. Some concern the wording of the principles while others concern the efficiency of voluntary initiatives in general. As already mentioned, the objective of my thesis will be to examine how effective the Glob al Compact has been in addressing the business and human rights dilemma. I am interested in determining whether the principles need to be ameliorated or if they are best kept the way they are for the sake of human rights. Hence, both categories of arguments, the critiques and the supporting arguments, will be considered as I develop my own thesis statement in the following ch apter.

PAGE 26

20 CHAPTER III THEORY The previous chapter provided the major critiques a nd supporting arguments of the human rights principles of the United Nations Global Comp act and voluntary initiatives. Certain scholars contended that the principles are not as d etailed as they should be and that the principles need to provide businesses with a greater course of action. Other scholars argued that there is immense value for the principles remaining general in order for corporations to reach their potential in the prevention of human rights violati ons and the application of human rights norms. The human rights principles of the Global Compact are cited again here: Principle 1: Businesses should support and respect the protection of internationally proclaimed human ri ghts within their sphere of influence; and Principle 2: Make sure that they are not complicit in human rights abuses84 Some scholars are in support of voluntary initiativ es while others are not. My assertion is that the supporters of the principles and of voluntary i nitiatives are correct. In other words, I hypothesize that the Global Compact’s human rights principles should remain unchanged, and its voluntary aspect is a strength in the furtherance o f the Global Compact’s goals. In this chapter, I will explain my assertion and incorporate certain c oncepts to support it, such as social constructivism, “corporate-norm entrepreneurship,”85 and soft law. First, however, it is important to briefly summariz e and re-emphasize the objectives of the UN Global Compact. The UN Global Compact was es tablished in order that businesses would become more educated about the ways they can engage in socially responsible behaviors, such as the protection of human rights. It as an o pportunity for governmental organizations, civil society organizations, and businesses to learn from each other and provide direction to each other

PAGE 27

21 in order to make progress in the area of human righ ts. Again, the mechanisms of the Compact are “dialogue, learning, Local Networks, and projec t development.”86 Also, Rasche and Kell stress that it was not created as a regulatory stan dard but to fill governance gaps. Signatory companies are required to report on their progress yearly. If they fail to do so, they will be delisted from the Compact.87 Hence, the punishment of businesses that are not reporting improvements would be reputational harm. The UN Global Compact and Social Constructivism According to Bigge, social constructivists highligh t the significance of exchanging ideas and modifying social constructs in the formation of (future) international law. Ideas serve as the foundation for law, and discussion facilitates the successful exchange of ideas to occur. People from different backgrounds can not only exchange id eas that may not have been considered before but also originate ideas through dialogue. Also, governments are able to manipulate discussions in hope of attaining certain goals.88 The Global Compact encourages and creates opportunities for discussing the best corporate pra ctices and ways to implement the principles.89 Hence, Bigge points out that the Global Compact is essentially “social constructivism in action.”90 He adds that rather than dealing with the challen ges that come with establishing laws in order to govern multinational businesses, “the G lobal Compact seeks to modify the discourse to change corporate behavior from the ground-up, wi th the possibility of resulting international legal change in the future.”91 The UN Global Compact’s Human Rights Principles Critics of the Global Compact’s principles, such as Deva, Lausinger, Conzelmann and Wolf, are of the view that the principles are too b road and lack specificity. They prefer that the principles provide more direction or a highly struc tured code of conduct for

PAGE 28

22 businesses. However, I am asserting that it is bes t to ask businesses to sign on to a simple code of conduct and then establish panel discussions in which businesses, civil society organizations, and governmental organizations may come together to engage in a process of learning regarding the implementation of the principles, which is, aga in, the goal of the Global Compact.92 Through dialogue, businesses can learn about the various sp ecific guiding materials made available by the Global Compact,93 or they may come up with entirely novel and critic al ideas in the protection of human rights. According to Annegret Flohr, Lothar Rieth, Sandra Schwindenhammer and Klaus Dieter Wolf, “corporate norm-entrepreneurs”94 attempt to regulate themselves and create their own normative standards. They may then set positiv e examples for other businesses to follow.95 “Corporate norm-entrepreneurs”96 engage in both setting and ameliorating norms. Th ey establish the rules on their own.97 Signatories to the Compact will have the opportun ity to engage in this creative process when seeking to mak e progress in the area of human rights. I agree with the supporters in that there is value th at comes with leaving the principles more general as flexibility is needed for businesses and may lead to greater potential. Voluntary Initiatives vs. Mandatory Regulations In Wettstein’s and Singh’s view, the fact that most businesses are not signatories to voluntary initiatives (such as the Compact) is a co ncern. While this may be true, the number of participants of the Global Compact has been rising rather quickly. For example, Lausinger, Cramer, and Natour note that Compact started (in 20 00) with fifty signatories.98 It now has 10,000 participants from over 130 nations.99 Hence, this could be an indication of a healthy t ype of competition in which businesses “rush” to social ly responsible behaviors. The concern about determining whether voluntary cod es can be successfully implemented is indeed a legitimate concern. Howeve r, it is extremely challenging to thoroughly

PAGE 29

23 investigate the behaviors of businesses in all thei r operations. Nor would setting up an international court for transnational corporations be very feasible. As Florini pointed out, corporate governance is very difficult.100 Therefore, binding regulations may not be the mos t practical option. While accountability could be an issue with volunta ry initiatives, that is not always the case. In Florini’s view, the Global Compact, a sel f-reporting system, may lead to success if businesses are serious about their yearly reports. One possible advantage of self-reporting is that by requiring businesses to pay more attention to th eir own behaviors, they may then be able to pinpoint areas for improvement. Another potential benefit pertains to the pressure businesses may face from activist groups that seek to investig ate the accuracy of the reports.101 Florini thus argues for “the need for credible regulation by rev elation, using transparency to determine whether corporations are adhering to codes of socia lly responsible conduct(s)”102 because, she points out, governments are usually unable to effec tively regulate corporate behavior and because businesses can relocate to nations that hav e fewer governmental standards.103 The Role of Soft Law The concept of soft law will be applicable towards my thesis. The term “soft law” is in Hartmut Hillgenberg’s view accredited to McNair.104 But Hillgenberg prefers the phrase “nontreaty agreements”105 when discussing soft law and Anthony Aust prefers the phrase “informal international agreements.”106 In John Gerard Ruggie’s words, “Soft law is ‘soft ’ in the sense that it does not by itself create legally binding obliga tions. It derives its normative force through recognition of social expectations by states and ot her key actors.”107 While there are advantages to hard legalization, th ere are also benefits that come with soft legalization. According to Kenneth W. Abbott and Duncan Snidal, soft law could even

PAGE 30

24 serve as “superior institutional arrangements.”108 They add that though soft legalization can provide a temporary solution before hard law is enf orced, soft law may also have great value in itself. Unlike hard law, it may address doubt more adequately as well as ease the path towards negotiation and, hence, cooperation between actors with conflicting goals and levels of power.109 In addition, international actors may reach severa l of their goals through soft law that could be acquired without as much effort.110 Moreover, soft law provides several of the benefi ts of hard legalization and helps evade certain costs that may come with hard law.111 Additional scholars discuss the beneficial roles of soft law. For example, Hillgenberg brings our attention to the establishment of confid ence between parties, the demand for further discussion in terms of improvements to be made, and the fear that a hard law type of agreement would result in challenges that could be discouragi ng to parties.112 Another example cited by Ruggie is “…to chart possible future directions for and fill gaps in, the international legal order when they (governments) are not yet able or willing to take firmer measures...”113 Moreover, according to Aust, the uses of “informal internatio nal agreements”114 are for various purposes, such as “simplicity, speed, (and) flexibility...”115 He explains that these agreements can come into effect at a much faster rate than treaties. T he procedures surrounding formal agreements are usually lengthy and detailed, which is why informal agreements may be a more effective option at least temporarily.116 Ruggie notes that the creation of treaties can ta ke decades and that trying to establish (hard) legalization too soon could end up backfiring.117 Therefore, it may take a very long time to be able to establish effective legislation. Slowing down would be best in order to come up with the most qualitative legislation possible. In the meantime, we can set up voluntary initiativ es for businesses to protect human rights. Voluntary initiatives could provide relief at leas t temporarily but maybe even permanently. In

PAGE 31

25 some situations, setting regulatory standards would not be the best method for resolving an issue. I would not argue entirely against binding regulati ons. But until we are sure what would be the best possible standards to set for businesses, we c an try to make improvements through the Global Compact. Either way, the Global Compact cou ld act as what Rasche calls “a necessary supplement.”118 Conclusion The human rights violations committed by businesses described in the beginning of the introductory chapter can make the argument of the c ritics entirely comprehendible. The behaviors of businesses can indeed be appalling at times. When one human being is harmed, all of humanity is affected. We all hope to see that t hese human rights violations would cease immediately. I would not entirely disagree with th e critics of the Compact and voluntary initiatives. But at the same time, I think there a re certain advantages that come with leaving the principles vague and with establishing voluntary in itiatives such as the Compact. Less specificity can provide more flexibility for busine sses, and the voluntary aspect of the Compact can be encouraging for businesses. The next chapte r will be a description of the strategies, policies, and actions taken by various signatories to the Compact. Once I have investigated those cases, I will be able to determine the strength of my assertion. However, the case studies may not be able to provide a response to all the points made by the critics due to the challenge in analyzing corporate behaviors.

PAGE 32

26 CHAPTER IV CASE STUDIES This chapter will be an examination of several sign atory companies to the UN Global CompactÂ’s principles. I will investigate whether s ignatory businesses have made progress in the area of human rights in order to determine the effe ctiveness of the human rights principles. As already mentioned, my assertion is that the process of the voluntary initiative is effective. It is hoped that the cases to be described in this chapte r will provide information to answer my thesis question. The cases studied will be Sasol, Titan I ndustries, Ltd., Newmont, Volkswagen, Telenor Group, FSI Worldwide, and ASN Bank. Methods The cases for study will be taken from secondary li terature, primarily from the Embedding Human Rights in Business Practice volumes .119 Ursula Wynhoven and Lene Wendland explain that the authors of these cases ar e independent from the businesses and did not receive any compensation from the businesses they s tudied. The cases have been peer reviewed by various human rights experts.120 From these cases, I will select a number of cases of businesses from a wide range of industries and desc ribe them here. I will be searching for whether the businesses have made any improvements o r not and some of the reasons for the outcomes. Sasol (Chemical Sector) The first case for examination will be the Sasol co mpany. Jonathan Hanks has done a study on the company through interviews with stakeh olders both in and out of the company as well as analyzing its business documents. Accordin g to Hanks, Sasol, a multi-national petrochemical corporation that employs over 30,000, has invested in South Africa where human rights violations have been a matter of concern. The sust ainable development manager of Sasol, Stiaan

PAGE 33

27 Wandrag, has made it his goal to comprehend the mea ning and possible application of the Global Compact’s human rights principles, examine how the principles affect investment choices, and investigate ways towards the protection of human ri ghts. He has also aimed to examine possible issues with applying the principles. Issues could include whether human rights (such as the rights listed in the UDHR) can be universal, whethe r corporations should request certain actions from governments other than their own or just simpl y abide by the local laws, how just being present in another country can have an effect on th e native people’s attitudes, and how a corporation’s presence provides jobs and facilitate s economic growth. The manager decided to discuss these issues at the Global Compact Learning Forum in Ghana.121 Regarding the implementation of the Global Compact’ s human rights principles, was Wandrag determined to find out which “international ly proclaimed human rights” were applicable to Sasol, what would be Sasol’s “sphere of influence,” and in what type of circumstances Sasol would be considered “complicit” in human rights abuses. Possible issues that might arise for Sasol include knowing how to c reate balance between what seems to be a nation’s cultural right and what others consider to be an international norm as well as determining whether corporations should get involve d in making progress towards better governance (in the host nation) in the area of huma n rights or leaving this duty to the private sector of the host nation.122 Regarding the first human rights principle, protect ing human rights within its sphere of influence, Hanks indicates many of the practices Sa sol is implementing (or is in the process of implementing). For instance, workers must be paid minimum wages, be able to work in safe and healthy environments, and be allowed freedom of ass ociation and right to collective bargaining.

PAGE 34

28 They must not be discriminated against and cannot b e forced workers or child workers.123 To protect the communities within its sphere of influe nce, Hanks adds that Sasol works to: (1) Prevent the forcible displacement of individuals, g roups or communities, and compensate accordingly in instances of voluntary re settlement. (2) Provide work to protect the economic livelihood of local communities. (3) Respect the rights of indigenous people and communi ties. (4) Work with local police or security service provider s to ensure a common understanding of human rights requirements relating to the use of force, and provide training to security personnel on appropriate pract ices. (5) (And) provide access to basic health, education and housing for employees and their families, if these are not provided elsewhere.124 Also, Sasol works to decrease environmental risks a s much as possible.125 Wandrag was also interested in determining the risk s for doing business in countries whose human rights situation was already being exam ined. He created a list of questions in order to do this, such as whether or not Sasol shou ld invest in such countries to begin with due to its human rights situation and how close the busine ssÂ’s operations would be to possible human rights abuses. Intergovernmental agencies or non-g overnmental organizations assisted Sasol in ascertaining the risk factors for investing in part icular nations.126 The Sasol Code of Ethics127 pertains to human rights, and every Sasol business is obliged to adhere to this Code. Sasol also has policies th at take into consideration human rights such as health and safety and environmental protection. Af ter much discussion and several workshops, the Code of Ethics was put into effect in 2004. Th e Code consists of principles instead of explicit rules because the company is of the view t hat specific rules would not be useful in addressing various types of circumstances. Sasol h as worked to make certain that its employees and employees of subsidiaries and others working wi thin its sphere of influence are aware of the Code.128 The companyÂ’s Corporate Ethics Officer works to e nsure the fulfillment of the Code. In addition, an independent and anonymous hotline h as been created in 2001 for greater adherence to the Code as well as for suggestions re garding its improvement.129

PAGE 35

29 Sometimes there will be discordance between the val ues of a business and the values of the nation in which it is operating. For instance, one of the countries in which Sasol operates is Qatar, and Qatar requires potential visitors to be tested for HIV/AIDS before arrival. In order to ensure the privacy and freedom of choice of its emp loyees, Sasol has given its workers notice of this requirement well in advance and allowed them c omplete flexibility in determining whether they would like to take the position. Sasol did no t discriminate against its employees because of the choice they have made.130 In 2001, the Government of Mozambique granted Sasol permission to embark upon its Natural Gas Project (NGP).131 According to Hanks, “the project involves the pha sed extraction, processing, transportation and utilization of the n atural gas reserves in the Pande and Temane field reservoirs.”132 A concern for Sasol’s NGP in Mozambique was its s ocial impact. Sasol was determined to avoid employment discrimination. It also worked to make certain that the affected society would receive something in return, such as new skills. In addition, the company searched for ways to prevent any sort of environmental damag e as it conducted its business. 133 It also sought to address concerns pertaining to “resettlem ent and compensation.”134 Hanks indicates that the NGP mostly concerns “explo ration, gas field development and operation, and pipeline construction and operation. ”135 All of these posed concerns regarding resettlement.136 In hope of satisfying the guidelines set by the W orld Bank,137 the company established a Resettlement Planning and Implementat ion Programme (RPIP). The resettlement for the entire NGP had adhered to this RPIP.138 According to Hanks, the RPIP’s stated goals were: (1) Involuntary resettlement should be avoided wher e feasible, or minimised, with all viable alternatives explored; (2) Where it is not f easible to avoid resettlement, resettlement activities should be conceived and exe cuted in a sustainable manner, providing sufficient investment resources to enable the persons displaced by the project

PAGE 36

30 to share in project benefits; (3) Displaced persons should be meaningfully consulted and should have opportunities to participate in plannin g and implementing resettlement programmes; and (4) Displaced persons should be ass isted in their efforts to improve their livelihoods and standards of living or at lea st restore them, in real terms, to predisplacement levels or to levels prevailing prior t o the beginning of project implementation, whichever is higher.139 In order to make certain that the RPIP was effectiv ely applied, counsel was sought from both national and local administrations. Furthermore, t he company had organized a Community Liaison Team that engaged in frequent dialogue with both national and local administration specifically for the oversight of RPIP’s goals.140 Monitoring and evaluation (M & E) reports were fil ed every three months initially and then every six months after the first two years. T he goals set in the M & E pertained to helping re-settlers adjust to their new setting(s) and freq uent inspection in order to be able to determine and, hence, address any of the potentially adverse consequences that may come with resettlement. Investigators have found that the co mpany’s goals concerning resettlement have persistently been fulfilled.141 As a preventive method, the company made certain t o communicate the potential risks that come with the company’s activities to the loca l people. The company sought assistance from both local and national administrations to inc rease awareness on the risks. Illustrations were also made available for those who may not be l iterate.142 In addition, Sasol established a social developmen t policy in 2002. The company communicates with the local people to determine the ir needs. They then draft solutions, initiate projects, and check to make certain that they have been effectively carried out. In 2006, Sasol invested $800,000 on these projects.143 Hanks claims that examples of the projects are “provision of water supplies, craft training, elect rification of a primary school, rehabilitation of cattle dipping facilities and the construction of a water supply dam.”144

PAGE 37

31 Overall, Sasol has concentrated on six factors to reduce the risk of human rights abuses. One is offering education and training programs for some of its employees in order to increase awareness of human rights responsibilities and of t he human rights circumstances in the companyÂ’s host nation or territory. A second is in corporating human rights concerns more sufficiently in risk assessments of nations (to inv est in). A third is making certain that there is greater awareness of the chance of human rights ris ks in corporate policies. The fourth has to do with establishing a specific plan of action to take and defining certain responsibilities in case of human rights abuses. The fifth involves making cer tain that there is an exchange of views and dialogue on human rights concerns. Finally, the si xth pertains to establishing befitting ways to overlook and monitor, such as applying the Human Ri ghts Compliance Assessment (HRCA).145 Sasol has provided educational programs on human r ights within its corporation to employees such as not only project managers but als o security agents. It realizes many purposes of such programs, such as training staff on the res ponsibilities that stem from international human rights declarations or covenants. Another pu rpose is to educate employees about the potential dangers or opportunities that may come as the corporation grows. An additional factor that it recognizes that one must be aware of is the human rights condition in nations that Sasol is working with. Moreover, the company realizes that employees should be knowledgeable about potential human rights issues within its sphere of influence or how it would be considered complicit.146 Sasol has realized that it must make certain to de termine risks and take human rights into account as its company expands. Wandrag has sugges ted that the company searches for data on the human rights conditions of nations in which the y are planning to work in on a continual

PAGE 38

32 basis. In addition, Wandrag has recommended determ ining corporate behaviors that are most likely to be considered complicit in human rights v iolations.147 The company has also made certain that there is a closer look at its policies. It knows that in order to support and protect human rights a nd to decrease the chance of being complicit in potential human rights violations, policies and pro cedures should be adjusted. Sasol has concentrated on protecting human rights such as emp loyment equity, health and safety of its workers and providers, labor rights, and care for t he environment. In addition, Sasol has realized that it must take further steps to improve its poli cies and procedures for the sake of human rights as it continues to expand. These steps include req uiring human rights educational programs for employees before they commence new positions in oth er nations and ensuring proper training of security personnel.148 Moreover, Wandrag has expressed an interest in at tending discussions concerning the application of initiatives,149 such as the Extractive IndustriesÂ’ Transparency Initiative150 and the Voluntary Principles on Security and Human Rights.151 Regarding the fourth factor, Wandrag realized that the protection of human rights involves developing strategies and creating a speci fic course of action to take in case of human rights abuse allegations. This element includes ke eping track of any potential occurrences of human rights violations within its sphere of influe nce. It also means engaging in research to determine how to prevent human rights violations of which Sasol could be guilty in being complicit. This research is then to be discussed w ith parties both within and outside of the corporation. Finally, this factor includes applyin g proper measures in order to decrease the chance of human rights abuses.152 In addition, Sasol has learned through experience t hat exchanging views and discussing human rights concerns on a continual basis is criti cal to its progress. The company has discussed

PAGE 39

33 its actions taken to protect human rights both with in the corporation as well as with the Global Compact. It has also communicated with host govern ments and local organizations and businesses on how additional improvements can be ma de. On a further note, the company has frequently reported on the progress it has made in the area of human rights.153 In terms of monitoring, Sasol was determined to ma ke use of the Human Rights Compliance Assessment (HRCA),154 a tool created by the Danish Institute for Human R ights.155 Sasol has collaborated with others on the Human Rig hts and Business South Africa Project, which is interested in determining how to apply the HRCA particularly for the region of South Africa.156 According to the Danish Institute for Human Right s, the HRCA tool consists of around 200 questions and nearly 1000 human rights i ndicators stemming from the Universal Declaration of Human Rights and about 80 similar co nventions and treaties on human rights. After having responded to the questions, a report w ill be provided to the corporations regarding their compliance. Corporations would then be able to learn about the progress they have made (if any) by comparing their reports over the years.157 Hanks has indicated that Wandrag has made it the go al of the company to continue to work for progress in the area of human rights and p articipate in discussions with governments and organizations.158 Indeed, Sasol has taken many concrete steps towar ds applying the human rights principles. Sasol has benefited from human rights tools and standards, such as the Danish Institute for Human Rights Compliance Assessment, O HCHR Briefing Paper, Human Rights: Understanding Sphere of Influence and Complicity, U niversal Declaration of Human Rights. It has also addressed several human rights issues, suc h as employment equity, social investment, resettlement and compensation, and privacy. 159 Therefore, Sasol has been making great progress in the area of human rights.

PAGE 40

34 However, according to Esmarie Swanepoel of Enginee ring News, two workers have died from the fumes at a natural gas processing plant of Sasol in 2009. They had died while fulfilling tasks pertaining to regular upkeep of the facility. Nonetheless, Swanepoel adds that a representative of Sasol has claimed that the compan y is collaborating with persons of authority in examining the circumstances that led to the event a nd how to prevent such an event from happening again. 160 Titan Industries Ltd. (Luxury Goods) Oonagh E. Fitzgerald explains that Titan Industrie s Ltd. has numerous corporate social responsibility initiatives but only focuses on one: a program that helps poverty-stricken women run their own business and, thus, be able to grow e conomically and socially. Titan actually has a history of corporate socially responsible behavior, which has been increasing over the years. The business, which began in 1984 in India as a joint v enture between the Tata Group and the Tamil Nadu Industrial Development Corporation, now has op erations in 30 nations. The Tata Group consists of 96 businesses of various sectors, such as consumer products, engineering, and materials. The Tata Group has about 250,000 employ ees in India and significantly contributes to the country’s economic growth. The Group has given back to the community for many years and is especially committed to helping the disadvan taged. As Titan is linked with the Tata Group, it has been influenced by its corporate soci ally responsible behaviors and incorporated much of Tata’s philosophy into its own business mod el.161 The philosophy behind Titan Industries Ltd. corporate social responsibility str ategy is that “companies can do well by doing good”162 and “business needs must not diminish the capacity of future generations to meet theirs.”163 In addition, a frequently repeated phrase at Tita n is: “Successful business can only thrive in a successful society.”164 Titan’s corporate social responsibility agenda ad dresses human

PAGE 41

35 rights in addition to economic and social developme nt. Its business plan calls for philanthropic goals such as establishing micro business opportuni ties for impoverished women, maintaining health projects, and employing the disabled. Titan has received many awards for its corporate social responsibility initiatives.165 As noted earlier, Titan has helped improve the qua lity of life of disadvantaged women. Initially, Titan hired women to bake bread for and wash factory workersÂ’ attire. Titan later collaborated with a local NGO (in 1995) that was ab le to assist the company in its goal of empowering women. As a consequence, a bracelet-mak ing unit was created, and Titan helped women learn the skills necessary. Titan did not st op there, however. It turned the initiative into a business owned and managed by the women, which is how the Management of Enterprise and Development of Women (MEADOW) was established. Tit an then offered additional training and management skills to the women. Approximately 200 women own MEADOW (as of 2007). Its earnings are distributed equally between the wo men. The women have felt a sense of confidence and joy due to their accomplishments in building and establishing the business. In several instances, they made more income than their other family members. Many women have been able to obtain higher degrees since MEADOW sta rted as well, further improving their quality of life. Moreover, MEADOW has expanded its number of units.166 Titan Industries Ltd. was successful in its goal o f empowering disadvantaged women by providing them with work. Titan is determined to c ontinually support the MEADOW initiative. It has learned that collaborating with an NGO leads to greater potential in the area of human rights than working independently. It also learned that establishing sustainable livelihoods needs time.167 While Titan Industries Ltd. had a history of enga ging in socially responsible behavior, it continued in its efforts in improving the lives of many.

PAGE 42

36 More information regarding TitanÂ’s work in the are a of human rights is published by the UN Global Compact. The company, especially known f or watches and jewelry in India, has employed disabled people within its community. A s ignificant part of the population of India is poverty-stricken and unemployed. People with disab ilities are particularly vulnerable. Only less than one percent of the nearly 70 million disabled Indians have jobs, which severely restricts their quality of life. Unlike most Indian business es, Titan Industries has employed a great number of disabled people. Approximately, 6.42% or 117 people (as of 2007) of its employees have physical, visual, or auditory disabilities.168 One of the aims of TitanÂ’s Community Development Po licy initiative is to ameliorate the lives of disabled people. Titan Industries realize s the significant role businesses can play in creating opportunities for the disadvantaged. The business seeks disabled people within its society and offers them fairly safe work that does not demand much physical or verbal activity. For instance, those with physical disabilities are hired to shine watch cases. Those with auditory disabilities put the parts of watches together. Fi nally, the visually disabled are involved with the shipment of the companyÂ’s materials. Moreover, Tit an Industries seeks to meet the needs of its employees by providing them with technical and comp uter skills. It also provides counseling to its employees in case they are experiencing any sor t of psychological distress. TitanÂ’s policies do not allow for work discrimination. The company respects its disabled employees just as they respect the rest of their employees. People with d isabilities are viewed by Titan as an important part of the community as a whole. The company has no doubt that the overall well-being of their employees with disabilities has been enhanced as a result of hiring and training them. Moreover, TitanÂ’s attitude towards the disabled appears to be influencing other Indian businesses.169

PAGE 43

37 Newmont (Metals & Mining Sector) Diego Quiroz-Onate indicates that Newmont Mining C orporation is the second largest producer of gold and the third of copper internatio nally. It also produces oil and gas in regions such as the Louisiana Gulf and the North Sea. The company, which is headquartered in Denver, Colorado, has mines in many regions of the world.170 Its Minera Yanacocha mine in Peru is the second most geographically grand mine on earth and the first in South America. The region of Yanacocha has around 32,000 residents. This mine n ot only has high amounts of gold and copper but also silver, zinc, and other elements. Ownership of Minera Yanacocha is split between Newmont Mining (more than 50% of the shares ), a Peruvian company, as well as a branch of the World Bank, owning around 5% of the s hares.171 Quiroz-Onate explains that risks for mining busines ses, such as Newmont, could be political and legal as such businesses are usually located in zones of conflict. Many of the host countries of mining businesses have ineffective soc ial policies. Thus, there has been much public pressure towards mining businesses in order that they would develop more socially responsible policies.172 Perhaps of particular concern to Newmont is the f act that the women and indigenous people of Peru have not been experiencin g their full rights.173 According to Ruggie, the people in and near Minera Yanacocha in the Peru vian territory of Cajamarca are farmers, most of whom are indigenous. The highly mined terr itory is quite impoverished.174 Regarding mining and its associated risks, Ruggie explains that in order to be able to get access to the gold, mountains first have to be demo lished. Then rocks are to be chiseled out and set in a solution of cyanide and much water in orde r to cause separation between the rock and gold. Through this process, mercury is released, a nd, hence, the water has to be disposed of properly. Otherwise, there is a risk of harm to th e environment and society, which was what

PAGE 44

38 happened in 2000 when around 900 people were poison ed.175 Other problems Ruggie cited of particular concern to the area of the Yanacocha min e in Peru were “allegations of inadequate consultation and compensation for the resettlement of people; lack of job opportunities for locals (mining is capital-intensive and many jobs require skills that locals do not have and would need to be trained for); inward migration of people look ing for work, bringing overcrowding and rising crime, including prostitution, to the city; large number of dead fish floating belly-up in lakes and streams around the mine.”176 Ruggie claims that in 2004, Newmont endeavored to a dd a mine close to the Yanacocha mine at Cerro Quilish. Cerro Quilish is a sacred a rea for the indigenous people and a source of water for Cajamarca. 10,000 people intervened attem pting to stop Newmont. Security agents fired tear gas in response. A civil society actor, the Catholic priest Father Marco, had successfully persuaded Newmont to change its mind a bout the location of the mine after the native people had blocked the site. Newmont then p ut an end to its plan. In 2006, Newmont again attempted to add a mine a little further away at Minas Conga. But this time it aspired to take the society into greater consideration.177 Quiroz-Onate examines Newmont’s human rights polic y, primarily its application to the Yanacocha mine in Peru. The company has establishe d what they call a Five Star Integrated Management System. From the Management System, Qui roz-Onate concentrates on the Community and External Relations Standards, which r elate to the UN Global Compact’s human rights principles.178 Quiroz-Onate notes that since Newmont became sign atory to the Global Compact in 2004, the corporation has publicly decla red its commitment to incorporate the principles stated in the Universal Declaration of H uman Rights into its business operations.179

PAGE 45

39 Quiroz-Onate describes how Newmont’s social respon sibility policy seeks to protect the lives of its employees and the lives of the neighbo ring societies of its business operations. It has established a Code of Business Ethics and Conduct w hich is implemented towards all of the company’s subsidiaries. It is obligatory upon ever y one of the company’s employees to sign a declaration each year saying that they have read an d agreed to the Code. In addition, Newmont has incorporated other socially responsible schemes such as the Extractive Industries Transparency Initiative (EITI),180 the “Publish What You Pay”181 campaign, the Global Sullivan Principles,182 and The Fund for Peace Human Rights & Business Rou ndtable.183 But its Five Star Integrated Management System is especially use ful in helping the company adhere to the Global Compact’s human rights principles. Newmont tries to makes certain that its policies and principles are applied and, thus, trains its employ ees frequently. It has also established a telephone line especially for the reporting of pres umed violations of its ethical code and nonadherence to its policies.184 Quiroz-Onate reports that Newmont has created a pol icy and management system to support human rights.185 According to Quiroz-Onate, the company’s Social R esponsibility Policy and Guidelines state that Newmont must: Develop and use systems to identify and manage risk s, and provide accurate information to support effective decision-making; train our peo ple and provide the resources to meet our social responsibility objectives and targets; r espect the Universal Declaration of Human Rights in its business operations; respect th e social, economic and cultural rights of indigenous people; adopt policies and standards and operating practices that ensure ongoing improvement; wherever appropriate and feasi ble, set operating standards that exceed the requirements of the local law; assess ou r performance against our policies and standards; demand leadership in social responsibili ty from all our people; seek to share our success by partnering with stakeholders in appr opriate community development programmes; consult stakeholders in matters that af fect them; (and) strive to communicate our performance in an accurate, transpa rent and timely manner186

PAGE 46

40 Quiroz-Onate adds that Newmont’s Five Star Integrat ed Management System was established to help the business realize its socially responsible goals. The company acknowledges that its responsibility goes further than ensuring the wellbeing of its employees. It must also be considerate towards the neighboring societies of it s business operations. According to QuirozOnate, its Management System entails three areas: “(1) Community and External Relations (CER) Standards, (2) environmental standards and (3 ) health and safety and loss prevention standards,”187 all of which are evaluated by independent experts in the field. There is frequent surveillance of mining areas by these experts in or der to help the company meet its Standards. Newmont then receives feedback regarding meeting th e System’s standards. The feedback consists of a star rating system in which five star s signify high performance and one star points toward a grave lack of effort.188 The Community and External Relations (CER) Standar ds, which Quiroz-Onate concentrates on in his study and which he argues ar e comparable to other, quite reputable standards, such as the Global Reporting Initiative,189 provide Newmont with a framework for protecting various human rights.190 The Standards concentrate on the following human rights areas: Management of sites with cultural and/or religious significance, management of heritage sites, land access and acquisition, local community investment, indigenous employment and business support, media relations, staff and co ntractor behaviour, government relations, social impact assessments, human rights awareness, local employment and business support, security forces management, (the effects of) closure, and resettlement.191 Again, external auditors examine the company’s achi evements for each of these human rights issues.192 Quiroz-Onate investigates the application of the C ER Standards at the Yanacocha mine through the Yanacocha Assessment. According to Qui roz-Onate, the Yanacocha Assessment

PAGE 47

41 revealed much progress as well as room for growth. It was shown that several of the CER standards were realized, especially the standards o f human rights awareness, employment and business support for nearby stakeholders, positive relations with media as well as with government, and investment in the local communities Newmont made certain to improve stakeholder engagement and employment of neighborin g communities. Specific goals were established for every part of the region. Also, th e company consulted with experts and authorities in creating projects for the native peo ple. Special attention was given by managers towards increasing human rights awareness as well a s ameliorating the grievance system in case of violations of rights.193 However, Quiroz-Onate notes that even with these improvements, a range of complaints were reported by the host society. Examples of com plaints pertained to the region’s water and to the grievance system. Moreover, frequent complaint s concerned contractor behavior, which many felt was not addressed by the company.194 An analysis of the complaint system showed that the reported complaints hardly led to improvem ents. A possible explanation for this could be inadequate investigation of the determining fact ors which led to the complaints.195 Quiroz-Onate indicates that investigators have foun d that there was still much progress to be made for the company in order to realize its CER Standards.196 The Yanacocha Assessment revealed that much improvement was still needed in the areas of addressing the needs of society in case of closure and of resettlement, areas which require attention sooner rather than later. He contends that one way for Newmont to improve would be establishing specific goals in regards to matters outside of the business’s main operation s.197 Furthermore, according to Quiroz-Onate, assessors have found that “some key areas such as s tandard operational procedures, management review and auditing are operational but not fully f unctional.”198

PAGE 48

42 In his conclusion, Quiroz-Onate argues that (in ge neral) Newmont has accomplished much in decreasing the potentially adverse conseque nces that may come with mining and the protection of human rights.199 He contends that the company’s strengths are prim arily “CEO engagement, awareness, and transparency.”200 By CEO engagement, Quiroz-Onate means that the company’s managers have frequently proclaimed s ocial and environmental responsibility to be of great concern to the business. Newmont has a lso declared to make use of several human rights tools and standards. The company realizes t hat social responsibility extends beyond simply adhering to local laws, and has, thus, estab lished initiatives to increase awareness about how improvements could be made in the area of human rights.201 Quiroz-Onate adds that Newmont has also shown itsel f to be well aware of the potential effects or results of its business operations on hu man rights. It has created its own Management System that incorporates human rights into its mini ng projects and aims to make any necessary changes according to recommendations made by extern al auditors. It has also developed human rights awareness programs for its employees and con tractors at the majority of its operating locations. Moreover, Newmont has highly performed i n the area of transparency, or the complete reporting of information and actions taken.202 Thus, it is argued by Quiroz-Onate that the company has made much progress in consulting with stakeholders and in its work on soc ial responsibility. However, he is also of the view that the company still has work to do in consu lting with stakeholders, increasing employees’ human rights awareness, and analyzing th e Managing System.203 Quiroz-Onate draws attention to the lack of employment opportuni ties for indigenous people during 2004-2005 and argues for improvement to be made. But in gene ral, he opines that Newmont has made great

PAGE 49

43 progress with the first human rights principle of t he Global Compact but pleads for greater accountability to make certain that the second prin ciple is also well-implemented.204 It must be kept in mind, however, that Quiroz-Onate Â’s study was published in 2007.205 Therefore, it is probable that the majority of his analyses were done by 2006. An additional, much more recent study I found was conducted by Rug gie.206 Ruggie notes that when he visited the mine (in 2006), he observed that Newmont had se t up water treatment facilities in which the water was effectively purified. In addition, Newmo nt had ameliorated the conditions of roads, endorsed the creation of crafts, such as jewelry an d textiles, and provided schoolteachers with transportation. The business has made improvements in taking the well-being of the neighboring people into consideration as well as in strengtheni ng relations with the people. Its corporate social responsibility policies and actions improved with time.207 Hence, it appears that since Quiroz-OnateÂ’s analysis, Newmont made progress in h elping establish employment opportunities for the local community, consulting with stakeholde rs, and purifying the water. Further analyses are still necessary, however, in order to more fair ly determine what additional steps Newmont may have taken (if any) in regards to other concern s, such as the effectiveness of the companyÂ’s grievance system, which is of particular importance Overall, it appears that Newmont has made much prog ress over the years. While no business will be perfect, what is important is that businesses strive to make improvements. Both Ruggie and Quiroz-Onate argue that Newmont has made much progress in the area of corporate social responsibility. After examining Quiroz-Onat eÂ’s and RuggieÂ’s investigative analyses on Newmont,208 I would contend that Newmont has striven tremendou sly in the area of human rights.

PAGE 50

44 Volkswagen (Automobiles & Parts) Maria Kristjansdottir describes the corporate socia lly responsible actions taken by the Volkswagen company, particularly in the areas of wo rking conditions and health and safety.209 First, it is important to note data from the Intern ational Labor Organization indicating that nearly 270 million work-related accidents, which often res ult in death, take place annually in addition to around 160 million cases of work-related diseases.210 Kristanjsdottir points out that oftentimes nations have failed to establish strong health and safety laws. The health and safety standards of many businesses may also be inadequate. Workers re siding in developing nations could be particularly at risk as job-related accidents can r esult in an increase in poverty. Work-related health and safety is (hence) a critical human and l abor rights concern, which stem from the Universal Declaration of Human Rights.211 Any attempt to prevent the possibility of occupational harm would further the first human rig hts principle of the Global Compact, supporting and respecting internationally claimed h uman rights.212 The Volkswagen Group is a major automobile company internationally and the greatest on the European continent. It has 44 factories thr oughout the world, and its automobiles are available for purchase in over 150 nations. It was established in 1937 and is based in Wolfsburg, Germany. The Volkswagen Group includes Bentley, Bu gatti, Lamborghini, Audi, Skoda, and SEAT.213 According to Kristjansdottir, in 2002, Volkswagen s igned on to the “Declaration on Social Rights and Industrial Relations”214 or the Social Charter.215 Through this Charter, which stems somewhat from the ILO conventions, the busine ss and its employees become obliged to adhere to social rights and socially responsible po licies throughout supply chains internationally.216 The Global Compact states that these rights inclu de “the right to select labour

PAGE 51

45 representatives, to join unions and to enter collec tive bargaining agreements”.217 Kristjansdottir claims that Volkswagen makes certain that its worke rs from every one of its business operating sites are educated about these rights and, hence, a ble to benefit from the Charter. The Global Group Works Council examines to check whether the C harter has been adhered to.218 In 2003, Volkswagen had agreed upon seven Group Val ues in order to provide direction to its workers. One of the Group Values, sustainab ility, has to do with supporting social, environmental, and economic systems equally, accept ing blame for all behaviors, whether they be local or international, and making certain that there be effective dialogue and impartial collaboration. These values are coherent with the Compact’s principles (and goals). Collaborating with employee representatives is a cr itical aspect of the company’s strategy.219 Volkswagen is committed to establishing basic princ iples and responsibilities on health and safety at the workplace for its employees. In 2004, the company had created the Occupational Safety Policy. Every attempt at prote cting and advancing health and safety stems from this policy. The company’s strategy focuses o n taking preventive steps.220 Kristjansdottir examines the “Better Health and Saf ety for Suppliers”221 project launched by the Volkswagen company in partnership with the I nternational Labor Organization (ILO) and the German Corporation for Technical Cooperation (G TZ) in order to provide for more healthy and safe working conditions. The project commenced in 2004 and was set to continue until 2008.222 Kristjansdottir study was published in early 2007 and, hence, only discusses the project through this date.223 The objective of the Better Health and Safety for S uppliers project is to create a healthy and safe environment for employees by ameliorating labor standards. The company seeks to increase awareness on work-related health and safet y and (eventually) pinpoint its most positive

PAGE 52

46 practices as examples for other businesses online w ith the assistance of its partners, which include the ILO and GTZ. The partners, or the Over all Steering Committee (OSC), provide guidance to and endorsement of business plans that lead to improvements. Moreover, the OSC guides the steering committees of every state in wh ich the business operates. These National Steering Committees (NSC) consist of governments, t he ILO, the GTZ, as well as employee representatives.224 The project consisted of requesting Volkswagen supp liers in South Africa, Mexico, and Brazil to take part in audits in regards to health and safety at work. Suggestions would be offered to suppliers according to what the audits r evealed. Auditing was then repeated at least twice yearly as well as suggestions for improvement made. After the suppliers had been evaluated, examples of the most positive practices would become available online for others who need some assistance in improving health and safety at the workplace.225 Kristjansdottir indicates that auditors investigate the following: “condition of the workplace, condition of the storage facility, condi tion of social rooms, operation of machinery, all forms of hazards, and notices on display about OSH (occupational safety and health) issues.”226 The auditing team, or the Process Optimizing Team (POT), which includes labor specialists and ILO representatives, interviewed ma ny types of professionals, such as employee representatives, physicians, Volkswagen managers an d specialists on safety in the workplace in order to, hopefully, get a full picture of the busi ness’s safety conditions. Then, the POT recorded their observations as well as the information made available to them through interviews and provided suggestions. These suggestions later serv ed as points for inspection by the POT at the next review, and the process was repeated every fou r to six months.227

PAGE 53

47 Again, the main objective of the project is to prov ide direction to businesses all over the world in establishing a healthy and safe environmen t at the workplace and for overseeing supply chains. The purpose of these guidelines, or the Pr eventative Service System (PSS), is to educate and make recommendations to businesses of all sizes regarding the most effective ways to apply health and safety standards and best examples of bu siness practice through a network. The cost of the Better Health and Safety for Suppliers proje ct was nearly €1.1 million. Financing for the project was split between Volkswagen, the ILO, and the GTZ.228 The execution of the project began in August 2005 i n the country of South Africa, March 2006 in Mexico, and August and September 2006 in Br azil. There was a particular scoring system for auditing.229 Kristjansdottir states: “Performance was conside red ‘Excellent’ if the supplier received a score of 85% or greater; ‘Good ’ if they received a score of 70% to 84.99%; 55% to 69.99% was considered ‘Satisfactory’; 40% t o 54.99% was ‘Poor’; and any score less than 40% was considered ‘Disastrous.’”230 South Africa has eight supply chains whose workers range from 28 to 900 workers. The first auditing scores for South Africa were between 31% or “disastrous” and 70% or “good” and averaged 54.44% or in between “poor” and “satisfact ory.”231 These audits showed the workrelated health and safety conditions to be highly i nadequate. Not one of the suppliers had an extensive policy in which consultation could be sou ght. Risk-assessment measures were illdefined, and thorough guidelines for risk assessmen t were not established. While every supplier handed out protective attire and materials to its w orkers, this distribution was carried out erratically. Adequate means for compiling statisti cs on work-related accidents were also missing. Moreover, the managers of the supply chai ns were not knowledgeable about their duties concerning the protection of health and safe ty. In general, the inspectors of the South

PAGE 54

48 African suppliers found that progress was needed in oversight and in decreasing the possibility of adverse consequences.232 Towards the end of 2005, POT re-examined supply ch ains looking for any improvements made since the last inspection. All but one of the suppliers had improved greatly in establishing an extensive plan of action. Every one of the supp liers had gathered and recorded data about the risks for employees’ health and safety at the workp lace. The suppliers applied a system for documenting and inspecting work-related accidents a nd maladies with a particular focus on preventing the chance of such incidents from happen ing again in the future. Moreover, POT noticed a significant rise in the number of workers wearing protective materials.233 During the period of June through December of 2006 the Overall Steering Committee continued to work at preventing future accidents an d illnesses in South African supply chains and collaborating with the South African Department of Labor. OSC’s approach was to collect early records of data from online and communication networks that offer assistance and recommendations on safety and health at the workpla ce. A frequent aspect of these networks was offering unrestricted, confidential responses t o workers’ concerns via the Internet, fax, or telephone. Their concerns along with responses wer e then documented and sent to experts and eventually shared online for others to learn from.234 In Mexico, auditing commenced in February of 2006. There were 75 to 1,550 employees from twelve different supply chains engaging in the project. Their audit scores ranged from 62% or “satisfactory” to 97% or “excellent” with an ave rage score of 80.31% or “good.”235 It was found that a management system had already existed. Moreover, the recording of work-related accidents and illnesses was superb. But a network for communicating between managers and employees was missing. In addition, there was inad equate actualization of a policy on safety and

PAGE 55

49 health at the workplace. In general, progress was needed in enacting effective safety and health practices at the workplace. The suppliers expresse d an interest in putting the suggestions offered into action to improve the situation. When additio nal auditing occurred in December 2006, much improvement was found in applying the advice o ffered by POT. Out of the 192 suggestions made, 121 or 63% were fulfilled, 54 or 28% were in the process of being realized, and just 17 or 9% had not been executed yet.236 In Brazil, auditing began in August of 2006. The participants were seven supply chains of 110 to 300 workers. Their auditing scores range d from 53% or “poor” to 86% or “excellent” with an average of 70.06% or “good.”237 Prior to these audits, the government of Brazil c hose not to participate in the audits with their occupat ional investigators as initially intended. However, all but one of the suppliers had engaged i n the project. A workshop took place for experts on safety and health at the workplace, and suppliers indicated an interest in following the suggestions.238 Information regarding follow-up audits was not ma de available by Kristjansdottir as her study terminated on January 2007, before the next auditing occurred.239 Kristjansdottir argues that one of the most positiv e outcomes of the project other than that employees were able to experience more safety and h ealth was improved relations between Volkswagen and the Global Compact. She also argues that this case is a good example of how dialogue and collaboration between governments and businesses help businesses succeed in achieving their goals of social responsibility. Mo reover, she expresses an optimistic attitude regarding the future of the project. Early auditin g has shown that the suppliers were interested in adhering to the suggestions. Follow-up auditing ha s revealed that application of the suggestions is in progress.240

PAGE 56

50 I have not found any updates on the case of Volkswa gen in my research, especially regarding the Brazilian supply chains. Nor have I found any information that conflicts with KristjansdottirÂ’s analysis or points towards the co mpanyÂ’s abuse of human rights. Hence, I would argue in line with Kristjansdottir that Volks wagen has indeed been improving the working conditions of its employees. I am also optimistic that the company will continue to make progress in ensuring the health and safety of its w orkers. Telenor Group (Mobile Telecommunications) Bianca Wilson indicates that Telenor Group is one of the largest telecommunications businesses internationally and provides mobile serv ices to approximately 300 million. The company is headquartered in Oslo, Norway and employ s nearly 32,000.241 It is the main provider of cellular, television, Internet and broa dband services in the nations of Norway, Sweden, Finland, and Denmark and also has considera bly large branches in Montenegro, Serbia, Hungary, Thailand, Malaysia, India, Pakistan, and B angladesh.242 Its business structure is especially helpful for th e oversight of its international operating sites. It has a Group CEO and Group Executive Mana gement team to monitor its supply chains in other nations. In addition, every nation has Bu siness Units that overlook and run each operating site. The companyÂ’s governance structure is quite flexible at not only its domestic but also its international sites.243 The idea for TelenorÂ’s Supplier Conduct Principles (SCP) stems from its profound interest in human rights.244 TelenorÂ’s Values and Code of Conduct, which was c reated in 2003, demonstrates how important human rights are to the company.245 The Code of Conduct cites the Universal Declaration of Human Rights as well as ad ditional UN conventions in explaining its conduct towards its workers.246 Moreover, it claims that its labor conditions sho uld be in accordance with the standards forbidding hiring chi ldren set by the International Labor

PAGE 57

51 OrganizationÂ’s (ILO) Minimum Age Convention 1973 (C 138).247 In addition, the SCP addresses other areas of corporate social responsibility, suc h as health and safety and environmental protection.248 According to Wilson, in April of 2008 a documentar y was shown on Norwegian television portraying the work environment of certa in sub-suppliers in Bangladesh as highly polluted, unsafe, and unhealthy. Furthermore, it w as found that children were working in steel production at the site. This documentary prompted the company to establish a system in accordance with its views on social responsibility. The company embarked on a Group-wide project concentrating on ameliorating the Health, S afety, Security and Environment (HSSE) conditions at its supply chains internationally.249 Wilson indicates that the CEO of Telenor expressed his concern about the situation, and henceforth, the Group commenced to inspect not only the site in Bangladesh but also all of its suppliers and sub-suppliers internationally. The c ompany sent a third party group, Det Norske Veritas (DNV), to the site in Bangladesh in order t o examine its HSSE conditions. After investigating, the DNV started several HSSE educati onal workshops and training programs at the Bangladeshi site. In this particular situation, th e local laws regarding human rights, labor, and HSSE had already existed. Hence, it was a matter o f increasing awareness of the laws and the ways they could be put into action more effectively The workshops and training programs concentrated most on assisting managers combat chil d labor and make certain the children are sent to school.250 In June 2009, Telenor made a five-year agreement with UNICEF Norway to combat child labor in Bangladesh, a nation in which approximately 13% of its five to fourteen year-olds are employed full-time.251

PAGE 58

52 At the same time, Telenor sought to make progress on the sustainability of its other supply chains. The DNV was also sent to examine th e HSSE conditions of a number of suppliers and sub-suppliers considered to be of high risk, su ch as the suppliers involved with building and transporting, in every country in which Telenor ope rates. During the final months of 2008, Telenor established and distributed the Self-Assess ment Questionnaire (SAQ) to over 500 supply chains internationally considered to be of greatest HSSE risk. The SAQ was composed of nearly 90 questions aimed to determine HSSE risks as deman ded in the SCP. Through such investigation, the company became very much aware o f the HSSE conditions or level of SCP risks in its suppliers and sub-suppliers globally. It was discovered that the nations of greatest risk were Asian. Central and Eastern Europe came n ext in terms of risk, and the Nordic region came last.252 After assessing risks at supply chains, TelenorÂ’s Group CEO consulted with experts in the area of corporate social responsibility in orde r to establish the framework for supply chain sustainability, the SCP. The SCP principles take i nto account human rights, labor standards, health and safety. The goal for the company is to constantly make progress in these areas. The next step for Telenor was to ensure that its suppli ers implement the SCP through the Agreement on responsible Business Conduct (ABC), which makes them legally required to comply by the principles in their operations and supply chains.253 Telenor established a department and formed a poli cy in order to make certain that the SCP framework is applied through every business uni t. The companyÂ’s policy explicitly assigns duties to managers of supply chains, suppliers and sub-suppliers. The managers of supply chains hold the greatest responsibility in overseeing, rep orting, and addressing issues. Telenor then works to ensure adherence to the SCP at the supply chains.254

PAGE 59

53 After having raised awareness of the significance of SCP, Telenor obligates its suppliers to sign the ABC. The ABC has the SCP attached to i t as well as the Improvement Plan, which helps suppliers pinpoint issues and provides them w ith certain steps and deadlines to ameliorate the circumstances of supply chains.255 According to Wilson, “Telenor’s ABC consists of s ix core elements: (1) implementation, monitoring and follow-up, (2) cascading of requirements (by obliging not only suppliers but also sub-suppliers) (3) transparency and inspection rights, (4) notification and remediation at own cost, (5) sub-s upplier termination, and (6) right to effective sanctions (if failed to adhere to SCP).”256 As oversight and risk tracking are important for t he implementation of SCP, the company works to monitor supply chain risk and practice wit h the help of third party investigators. Telenor seeks to decrease risks at its supply chain s through the annual Supply Chain SCP Risk Indicator (SCSR) in which areas of concern, such as child labor or work-related illnesses and deaths, are pointed out. Once these risk areas are determined, specific actions can be taken to address them. Moreover, if investigators find ther e to be a lack of compliance to SCP, awareness is increased and the supplier becomes obliged to ad dress the issue in a way that Telenor agrees to. Local inspectors then examine the circumstance s again to make certain that a corrective plan has been administered.257 Most of the non-compliance to SCP concerns health and safety, but some pertain to labor rights. For example, it was discovered that the sa laries of workers in a Pakistani supply chain were delayed. Even though Pakistani law demands th at salaries be distributed by the tenth of the month, the suppliers failed to pay its workers on t ime because its sub-suppliers did not pay the suppliers on time and because the distribution of m oney was done by hand. In order to address the situation, the payment process was changed and bank accounts were established so that

PAGE 60

54 employees could be paid quickly and easily. For t he workers residing in areas without banks, the company created a cellular financial services p roduct, EasyPaisa, to make certain that these workers get paid. After two months, the problem wa s found to be resolved by the supplier through interviews of employees conducted by Teleno r.258 In addition, it was discovered that job applicatio ns at a supplier in Thailand requested information about the applicant’s country of origin and whether the applicant has any major health issues. These questions were then taken out of the application and moved to a different form to be filled only after having been hired. Te lenor had checked to ensure that the forms were altered at its supply chain, and the issue was resolved within less than a month.259 A local law in China demands young employees to ha ve frequent health exams. However, it was discovered that a supplier did not offer information regarding how often the health exams must be. To resolve the problem, the supplier created a Young Workers Management Procedure explicitly stating how frequen t the young employees are to have health exams. Moreover, the information has been made ava ilable in the staff handbook. After the supplier had collaborated with Telenor for several months, the issue had been resolved.260 Oversight of supply chains and the SCP continue to be of high importance for Telenor. The company has made many improvements at its suppl y chains.261 Wilson provides the following quote from Hansen (“Head of Group Busines s Assurance”262): “In 2009, Telenor reduced the SCSR indicator by 86% and in 2010 it wa s reduced by 94%.”263 Wilson hence claims that the suppliers have become more educated about possible non-compliance with the SCP and has worked towards decreasing the risks.264 The international supplier self-assessments, which offer information about SCP risks, have revealed that the company has made continual p rogress. For instance, the high risk

PAGE 61

55 pertaining to forced labor as found in the SAQ had decreased from 29% in 2008 to 16% in 2010. But regarding child labor, the high risk continued to be nearly one percent in 2010. Additionally, the most recent self-assessments done in 2010 have shown the high risk for working conditions to be three percent, for workersÂ’ health to be arou nd a half percent, and for major accidents to be nearly 20%. Concerning monitoring, Telenor had ini tiated investigations of 1,419 suppliers in 2009 and 2,082 in 2010. Moreover, in 2011, the com pany put into effect over 11,000 ABCs with suppliers internationally. Collaborating with a gr eater number of suppliers increased TelenorÂ’s awareness of the circumstances at its supply chains and improved the chance of pinpointing and addressing violations to the SCP.265 Therefore, prior to the framework for oversight of supply chains, Telenor incorporated human rights into its Code of Conduct and business culture. But it was found that the circumstances in Bangladesh needed improvement. By establishing and applying the SCP framework, the company became more aware of the hum an rights issues its suppliers and subsuppliers encounter. Monitoring also helped the co mpany pinpoint risks and resolve human rights dilemmas. Telenor has both a very knowledge able management group supporting human rights as well as a Board of Directors that oversee HSSE and suppliers and sub-suppliers. There is often dialogue with suppliers and sub-suppliers on the significance of social responsibility.266 It appears that Telenor was interested in embeddin g human rights early on by establishing the Code of Conduct that specifically refers to hum an rights. When the company became aware that there were human rights abuses occurring at it s supply chains, it immediately became very active in addressing the dilemmas. It has taken ma ny steps: sent investigators, formed a group of managers and collaborated with experts, created the SCP framework, checked for implementation of the framework, and engaged in reg ular monitoring. It has indeed helped

PAGE 62

56 improve the circumstances at the Bangladeshi, Pakis tani, Thai, and Chinese (and other) supply chains. In addition, Telenor has done much in putt ing an end to child labor. I feel hopeful that Telenor will continue to make progress in the area of human rights in the future. FSI Worldwide (Support Services) According to Ivana Schellongova, FSI Worldwide is a human resources and security services company that is based in Dubai, United Ara b Emirates and has offices in London, Washington, Kenya, and Delhi. FSI Ethical Manpower Limited is the central operating business of the FSI Group of Companies. FSI hires and train s people in various industries, such as petrochemical, hospitality, building and infrastruc ture. In 2009, the company earned $US 11.8 million.267 Schellongova indicates that the Ethical Manpower Division (EMP) concentrates on the “recruitment, management and leadership of high qua lity personnel”268 The company examines the hiring and training processes for other busines ses. Most of the people hired come from India, Kenya, and Nepal, who may be untrained, partially t rained, or very well-trained individuals searching for jobs in other nations. These people are usually sent to the United Kingdom, the United Arab Emirates, Iraq, or Afghanistan. In the future, workers will be sent to Asian Pacific and Gulf nations as well. Some of FSI’s clients ar e the American government, the British government, regional governments, and the United Na tions. Its intended clients are organizations who hire immigrants, particularly tho se seeking work in the petrochemical, hospitality, building and infrastructure sectors. It concentrates on clients that are interested in t he ethical recruitment of workers.269 Schellongova cites from a source provided by the Un ited Nations which describes human trafficking to be hiring and migrating workers thro ugh coercion.270 She also cites from a source

PAGE 63

57 made available by the International Labor Organizat ion that explains forced labor as work or services done unwillingly to avoid a penalty.271 Schellongova adds that although international law bans human trafficking and compulsory labor and many treaties were established with nations to put an end to the problem,272 the issues still exist. Migrant workers from nati ons such as Nepal and India are required to pay labor broker s large sums of money in their native country. To be able to pay the large amount of money, worke rs borrow from agents, often with significantly high interest. The manpower agents t ake advantage of the workers through this debt. Hence, when the workers are transported to o ther nations for work, they are in a very discouraged and depressed state of mind as they rea lize that they will have to put in years of heavy labor but still not be able to support their families.273 Several foreign businesses that eventually hire the workers usually know about this exploitative process and may even be bribed by the brokers.274 These bribes may be very high, and the money for the bribes comes from the workers.275 Schellongova describes this immoral practice as “ modern day slavery.”276 Both the workers and the businesses are suffering. Oftentimes, it takes a few years before the workers are able to pay off their very h igh loans. Thus, these workers are usually unable to work efficiently, which results in much s taff turnover. Businesses also struggle because their employees were not hired for their qu alifications. Hence, the only people who profit are the labor brokers.277 FSI examined a project of a business registered in America. The business was experiencing many challenges with their employees. For example, their workers were untrained and spoke little English. Just a few of their work ers were actually qualified for their jobs. It was later found that their certificates were unofficial and their references did not actually exist. Other issues included theft and low motivation for work.278

PAGE 64

58 The American registered business had its own human resources managers who often visited their workers’ native lands to examine the hiring business who recruited their workers. Nevertheless, the issues were still prevalent. Th e human resources managers from the United States were weakened and frightened of the managers abroad.279 FSI found through analyzing the project and intervi ewing that there were many human rights violations, such as forced labor and unsafe and unhealthy work environments. There were threats of the workers and their families and physi cal abuse. One person was even found dead in his house during non-working hours. The workers we re convinced that their co-worker who had died was killed because of not paying the required fees. Additionally, income was not only poor but also delayed. However, the majority of the wor kers had to pay between $4,000 and $5,000 to obtain work as well as a very high interest. As a result, their families were struggling to survive. Many of the workers felt this way of life was their destiny and had little hope for the future. Hence, the hiring and oversight of payment processes were very unjust. However, FSI helped the American registered company by dissociat ing them from the unethical hiring business and by hiring individuals according to moral standa rds instead.280 According to Schellongova, FSI’s Code of Ethics281 claims to abide by what it describes as the “highest legal, moral and ethical standards. ”282 She adds that though the Code does not specifically discuss human rights, it takes human r ights into consideration and provides the following quote taken out of the Code as an example mentioning that “men are selected based on merit and that they never have to pay to secure the ir jobs”283 She also explains that FSI has Standard Operating Procedures (SOP),284 for hiring and transporting workers honorably and is founded on the following rules: “vetting and non-p ayment principles.”285 The vetting principle recommends that every FSI contract be meticulously examined in order that people are hired to

PAGE 65

59 engage in fair and safe work at respected and trust ed businesses. The principle pertaining to non-payment forbids payment to anyone involved in h iring and transporting workers.286 Schellongova also notes that FSI claims it works to ensure that it is a “high quality and honest resettlement agency that trains people, protects them from exploitation, finds them good jobs and helps them deal with the transition t o a life overseas”287 in its SOP, which overlooks and manages the hiring and transporting p rocesses.288 Additionally, workers are educated about the ethica l hiring process and must formally agree to adhere to the ethical process when signing their contracts. Failing to adhere to the ethical hiring process can lead to a punishment of financial sanctions. It can also result in loss of job with the company.289 FSI can ensure for the ethical hiring of every work er as it has complete power over each part of the hiring process. This power is critical for safeguarding workers’ rights. It only permits trusted, experienced staff to engage in the hiring process.290 Schellongova notes that some of the main aspects of working to ensure the e thical recruitment process for FSI are: (1) All FSI recruitment and mobilization processes are regularly tested and audited, (2) FSI conducts random spot checks on all of its offic es, (3) All personnel are interviewed prior to and after deployment by a bilingual Britis h senior manager or director to ensure that they have been treated in accordance with FSI regulations, (4) FSI invests significant time, effort and funds in ensuring direct contact w ith candidates, (5) No agents or third parties are allowed, (6) Every recruit signs a nonpayment declaration, (7) FSI insists on background checks for each recruit.291 Therefore, the company has striven to protect the r ights of workers in various ways. Regarding sanctions for not adhering to the ethical hiring process included in the contract, when FSI first started, it requested help from a recruiting business in Nepal with management of workers. However, it was found that the wife of a supervisor there had been requesting payment from workers. The supervisor th en was required to return the money and

PAGE 66

60 lost his job as well. FSI had immediately stopped working with the corrupt recruitment business in Nepal. Also, FSI does not allow for any more su bcontractors.292 Concerning the complaint system for workers, FSI ma nagers frequently visit workers, and any worker interested in requesting an intervie w in order that he or she may be heard is urged to. Additionally, workers are informed that they are welcome to contact FSI HQ regarding any concern they may have both prior to and through out the course of their employment. Contact information of FSI HQ is given to workers from the very beginning. Every complaint is examined and kept confidential.293 There were a couple instances in 2008 (before FSI b ecame signatory to the Compact294) in which complaints were made by workers about thei r supervisors. FSI directors had inspected the situation and found that the supervisors were i ndeed insufficiently caring for the well-being of their workers. The supervisors had then lost th eir jobs with the company. But there have not been any more complaints since.295 FSI makes certain that all workers are adequately t rained for their positions before being transported to their place of work. Additionally, to make certain that workers keep improving, FSI offers further training over the course of time Moreover, workers are frequently reminded while being trained that they must never pay any in dividual or group anything for obtaining work. After having been transported to their place s of work, FSI managers strive to ensure that the workers adhere to the terms and conditions.296 FSI continues to be highly diligent in managing wor kers once workers have been sent to other nations to make certain that workers are suff iciently cared for as well as working efficiently and enthusiastically. Often, this mana gement process involves dialogue. Hence, FSI managers are fluent in the workersÂ’ native language s.297

PAGE 67

61 If issues occur in the workersÂ’ country of origin, FSI has a network for making certain that the workersÂ’ families are cared for immediatel y as well as adequately. For instance, oftentimes a workerÂ’s family memberÂ’s health is imp aired. FSI supervisors first arrange to visit the family member and record any observations. If the family memberÂ’s health is gravely impaired, the worker will be allowed to take leave. In another situation, a workerÂ’s family received $6,500 USD by FSI when the worker died in an accident while on leave. Moreover, because the family was completely dependent on the worker financially, FSI has trained and hired the workerÂ’s only son.298 In order to avoid mistreatment of workers, FSI work s to makes certain that their payments are not delayed. FSI provides a saf e and dependable payroll function for its workers, which creates a feeling of security for th e workers and their families. Several of its clients have had difficulties paying their workers in full or on time through banks. Hence, the businesses provide payment to their workers in the form of cash, which may reveal types of corruptive behavior such as larceny and bullying. However, FSI works hard to guarantee that every one of its workers receives payment both in f ull and on time.299 FSI also increases awareness about human traffickin g and its significance to clients that normally request (unethical) recruiters abroad to h ire workers. FSI explains in detail the ways labor brokers recruit people and the effect of the corrupt hiring process on the businesses (low worker productivity). It emphasizes the issue of h uman rights abuse to the clients. As a result, many of the clients have stopped seeking assistance from the recruiting companies.300 Schellongova recounts that employees of FSI are no longer forced to work or be involved in human trafficking. Job positions are provided o nly if employees are qualified. Recruitment fees are no longer being paid. Income is immediate ly provided directly to employeesÂ’ bank

PAGE 68

62 accounts in their nation of origin. Welfare cases are addressed promptly and successfully. The families of workers are provided with assistance an d taken care of by the welfare system.301 Also, FSI has created the foundations of EMP in Ind ia, Nepal, and Kenya. In addition, FSI checks for adherence to the principles of the EMP t hrough careful supervision of activities by managers as well as third party groups. Moreover, the company is continually analyzing its strategy on putting an end to human trafficking, fo rced labor, and other exploitation.302 ASN Bank (Financial Services) Lauren Kurtz has analyzed a Dutch bank’s, the ASN Bank’s, path to socially responsibility and human rights protection through its investments. ASN Bank, which was created in 1960, is owned by SNS REAAL Group, a lar ge Dutch group that provides insurance and banking services. But ASN Bank has its own lic ense and makes its investment decisions itself. Its yearly profits in both 2007 and 2008 w ere approximately €17 million.303 ASN Bank makes certain that every one of its invest ments takes human rights into account in many ways. For example, it makes sure t hat its business operations are carried out ethically. Moreover, the company donates to charit y organizations. The bank has established particular investment standards that help it to mak e the best decisions for the sake of human rights.304 Kurtz adds that altogether, the bank utilizes the following tools in its investment choices: “(1) special investment criteria used whe n selecting appropriate investments, (2) dialogue with the companies or institutions in whic h it invests and (3) when applicable, the exercise of voting rights associated with equity in vestments.”305 The bank provides fifteen choices for savings. On e of the choices saves for children and grandchildren of clients. Examples of other choice s are one that promotes homeless children programs and another which offers the accumulated i nterest as microcredit loans to women.

PAGE 69

63 Additional savings choices provide the chance for c lients to give some or all of their interest to up to three out of ten different charities, such as Amnesty International and Astma Fonds, an organization that researches lung diseases in the N etherlands.306 ASN Bank supports human rights with its funds. Fo r instance, the ASN Waterfond funds water technology businesses. Also, the ASN Novib F und aims to provide microcredit to people residing in developing nations.307 In addition to protecting and respecting human rig hts through its investments, ASN Bank takes human rights and the environment into account from within. For example, all of its electricity comes from renewable energy sources. A lso, the paper the company uses is recycled. Hence, it has decreased carbon dioxide emissions. Moreover, ASN Bank provides coffee and other items to its workers from local fair trade bu sinesses.308 ASN Bank has been working towards the protection o f human rights since it was first established in 1960. It has been improving and dem anding more of itself in the area of human rights over the years. In 2007, it ameliorated its investment standards. It either completely avoids or approves of possible investments. ASN Ba nk has set conditions for approval so that only the best of the kind are invested in. Once th e group of possible investments is decided on, the best of the group is then selected. Approximat ely 70% of businesses are taken out of consideration for investments due to human rights a nd environmental concerns. The bank considers environmental care to be a human right. ASN Bank invests in nearly 300 businesses in eleven nations (as of 2009).309 ASN Bank makes reference to numerous human rights standards and tools in making its investment decisions. For example, it refers to th e Universal Declaration of Human Rights, UN resolutions and treaties, ILO standards as well as suggestions made by the European Convention

PAGE 70

64 for Human Rights. If there are differences between standards, the bank searches for the standards that promote human rights the most.310 ASN Bank will avoid investing in businesses and th eir associated supply chains that do not take human rights into consideration. While bu sinesses differ regarding the extent to which they respect human rights, the bank seeks out the b est of the businesses. For instance, garment businesses are usually in close contact with their factories and, hence, may more easily be able to address child labor. Therefore, certain businesses that have less direct influence over their factories or that are rather heedless about their h uman rights situation will be avoided for investment.311 ASN Bank has a list of standards it uses to make ce rtain it avoids investing in particular businesses. For example, the bank avoids businesse s that fail to ensure that employees are protected from discrimination of race, age, sex, se xual orientation, faith, disability, and political associations. This principle of non-discrimination applies to not only employees but also those working within the businessÂ’s sphere of influence. Additionally, the bank refrains from investing in businesses that are involved with or g ain from war crimes, such as producing or selling weapons. Also excluded from investment are businesses whose security personnel fail to protect human rights. Businesses that disrespect t he environment, do not provide protection against child labor, or sell unhealthy or unsafe it ems such as cigarettes are avoided as well. Moreover, if a business abuses workersÂ’ rights by e ngaging in forced labor, underpayment of workers, not allowing for freedom of trade unions, or not offering a healthy and safe work environment for its workers, it is also taken out o f consideration from investment. Another type of business excluded from investment is one that fa ils to honor a countryÂ’s sovereignty, which includes not adhering to laws, being associated wit h corruption, perniciously impacting quality

PAGE 71

65 of life or contributing to greater poverty, or abus ing or disrespecting the peopleÂ’s economic, social, cultural, political, civil, or cultural her itage rights.312 Nevertheless, ASN Bank acknowledges that no business will be perfect in th e area of human rights. Therefore, it makes its investment choices by concentrating on systemat ic abuses. But a single grave abuse of human rights is enough for the bank to avoid investing in the business.313 ASN Bank differentiates between standards for picki ng businesses to invest in and standards for determining whether to invest in gove rnment bonds. The bank avoids investing in several nations due to engaging in human rights abu ses, such as torture or war crimes. Examples of such nations are Burma, Afghanistan, Syria, and Sudan. But businesses operating in such nations may be considered for investment if they me et the standards ASN Bank has established for businesses. Hence, the bank acknowledges that a business may be socially responsible in nations whose governments are irresponsible.314 In addition, the bank realizes that the customs and laws of people residing in other nations may differ with international human rights standards making it very challenging for a business to incorporate such standards. If this is the case, the bankÂ’s Selection Committee will avoid investing in the business. Operating in such a nation may lead to exclusion of the business as the nation would disapprove of the business adhe ring to the international human rights standards.315 Businesses that ASN Bank considers for investment m ust not only comply with its standards that pertain to which businesses to avoid investing in but also adhere to the standards the bank has developed for the businesses accepted as satisfactory or considered to be favorable for investment.316 According to Kurtz, the bankÂ’s standards for acce ptable businesses are the following:317

PAGE 72

66 (1) Make an active contribution towards protecting and promoting human rights as defined by the UDHR. (2) Implement standards that ensure protection of human rights in internal policies, codes of conduct, and contracts. (3) Arrange for internal and external monitoring and verification of compliance with stan dards. (4) Have a policy and mechanism to compensate victims whose human rights may have been violated318 Though these standards for approval are implemented towards most of the bankÂ’s investments, they are not used for each of the bankÂ’s investment s. An example would be business loans. The reason for this is that the loans the bank usually provides are offered to Dutch businesses that have adhered to strict governmental criteria of whi ch are also in accordance with the standards of ASN Bank. Nonetheless, the standards for avoidance of investment are still implemented.319 In general, ASN Bank acknowledges that it is impra ctical to develop an exhaustive list of standards for investment. The bank makes quantitat ive as well as qualitative choices in order to be more socially responsible in its investments. T he bank frequently revises and improves its approach towards examining possible investments. F or instance, in 2007, the bank sought advice concerning its human rights standards from organiza tions such as Amnesty International. Thus, the bankÂ’s criteria have tightened even further.320 In discerning whether a potential investment adher es to the bankÂ’s standards, a group of specialists are asked to examine the circumstances. The inspectors depend on data from many corporate social responsibility rating agencies, no n-governmental organizations, media, and trade unions in addition to the data made available by th e businesses. The inspectors then develop recommendations for the ASN Selection Committee. I t is this Committee which ultimately determines which businesses are best to invest in. The Committee includes the bankÂ’s managers. The investments of both businesses and governments are examined every three years or fewer if need arises.321

PAGE 73

67 ASN Bank acknowledges that if more and more data i s made available, an investment may not be able to satisfy the bankÂ’s standards any more. If this is the case, the bank reconsiders such investments. Before termination of investment s, the bank develops and sends detailed questions to the businesses. This may occur more t han once. The businessesÂ’ responses then help the bank determine whether or not it wishes to continue to invest in the businesses. Of greatest concern to ASN Bank is slow progress made or a businessÂ’s association with weapons.322 Terminating investments could take place if a busi ness either directly or indirectly fails to adhere to the bankÂ’s standards. For instance, in 2 007, the bank put an end to investing in Cisco Systems, an American business, due to providing rou ters to the Chinese government (which conflicts with the right to freedom of expression). Following improvement of ASN BankÂ’s standards with the help of organizations such as Am nesty International, the bankÂ’s Selection Committee terminated its investment in Cisco System s.323 In addition, in 2006 the bank stopped investing in Veolia, a French transportation business, after learning that it had established a tramway to link settlements in Israeli occupied Palestinian land. The settlements are incompatible with many UN resolutions. Likewise, in 2008, the bank terminated investment in CRH, an Iri sh construction manufacturer, due to assisting with the creation of a wall on the West B ank of the Jordan River, which the UN had disapproved of. ASN Bank works to ensure that it p rovides its customers with socially considerate investments for the best protection of human rights. Moreover, media coverage regarding the businesses that ASN Bank has stopped investing in help businesses engage in more socially considerate behaviors as well.324

PAGE 74

68 ASN Bank also realizes that not every one of its s tandards will be applicable towards every type of investment. The bank notices that it is quite challenging to examine nations with the same standards it has created for businesses. Hence, the bank implements various sets of standards for such investments. If a business does not meet the bankÂ’s standards, the bank proceeds to discuss the issue with the business bef ore terminating investment. But one cannot engage in such a dialogue with nations. A special challenge for the bank pertains to nuclear energy and defense spending. The bank refrains fro m investing directly in these both. However, there are regulations demanding the bank to make in vestments in rather harmless government bonds. Nonetheless, every nation is at least parti ally interested in either making or using nuclear energy. Moreover, every nation invests in defense. Hence, though the bank is committed to protecting human rights in its investments, it find s it nearly impossible to do so when determining which government bonds to invest in.325 Additionally, ASN Bank realizes that in certain cas es avoiding investment in a business that adheres to the bankÂ’s standards due to operati ng in a nation with grave human rights abuses could actually cause further human rights issues. For instance, avoiding investing in a business that provides medications to people residing in nat ions with human rights violations would run counter to the right to medical care. Likewise, ce rtain solar businesses that are active in risky nations have not established policies on human righ ts. After researching and seeking opinions of consultants, in order for the bank to reduce risks of investment the bank attempts to communicate with the businesses to encourage them to strive mor e in the area of human rights. Sometimes this dialogue helps businesses improve, but other t imes the bank has to decide not to invest in them anymore.326

PAGE 75

69 ASN Bank acknowledges that communicating with busin esses can be of significant help. Hence, it attempts to inspire businesses to comply with the bank’s standards on human rights. One way it has done this was drawing the attention of nearly 200 businesses to the 60th anniversary of the UDHR on December 10th, 2008. It also supported businesses that have operated in accordance with the bank’s human rights standards.327 ASN Bank even stays clear from several remunerative investments as it is committed to human rights and sustainability. Weapons businesse s, for instance, usually generate much income. However, the bank refuses to invest in suc h businesses for the sake of human rights. In addition, the bank has avoided investing in both th e mining and the oil and gas sectors because these sectors pose significant risks for human righ ts. Similarly, ASN Bank avoids investing in other financial institutions, which are usually muc h less committed to the protection of human rights.328 Moreover, the bank provides about €300,000 to €400, 000, or nearly two percent of its profits, to projects and organizations that promote the bank’s interest in human rights. The ASN Foundation, which was created in 2004, defines the bank’s policy on charity and provides funding to a range of projects working to protect h uman rights.329 For instance, the foundation provides funding to the “Paint a Future Project,”330 which encourages children with disabilities to portray their future hopes. The paintings are then made available for purchase, and the profits gained return to the children.331 Furthermore, ASN Bank has set other goals respecti ng human dignity. The bank is a part of Triple Jump, a project in which ASN Bank, Oxfam Novib, NOTS Foundation, and Stitching Doen collaborate. The project seeks to invest the profits made by developed nations towards combating the poverty that exists in these nations, particularly by way of microfinancing.332

PAGE 76

70 The bank encourages its clients to engage in social ly responsible behaviors as well. For instance, clients have the option of investing in A SN Jeugdsparen, in which the interest the clients make would be given to homeless children al l over the world. The interest could go to organizations like La Chane des Foyers St-Nicodeme a group that assists and educates homeless and impoverished children in Cameroon.333 With all that the bank has accomplished, it is inte rested in making even greater progress. The bank is applying a voting policy that takes hum an rights into greater consideration, increasing choices for clients and further ameliora ting the working conditions of its employees. ASN Bank will also keep on examining and regularly re-examining its investments, terminating investments when needed. In addition, the bank is conducting a study to determine the human rights impact of its investments to make sure it pr ovide its clients with investments that are most protective of human rights.334 After studying ASN Bank, I was very pleased and wo uld argue that it has significantly contributed to the human rights cause. It has take n multiple steps and has sincerely striven in the area of human rights. Many businesses have areas f or improvement that are much more easily discernable. But ASN Bank is extremely challenging to critique. It seems to be in the lead compared to several other businesses, especially ba nks. It is an excellent example of how a bank can be protective of human rights. Conclusion In reviewing the above businesses, while some busi nesses may be at a more advanced level in the protection of human rights, all of the m have made progress since signing onto the Global Compact. Some businesses, such as ASN Bank and FSI Worldwide, have commenced work on human rights before signing onto the Compac t. They simply continued to strive in this

PAGE 77

71 area after signing on. For other businesses, such as Sasol, signing onto the Compact appears to have sparked much interest for the company and, hen ce, has become a major source of motivation. All of the companies, Sasol, Titan, Ne wmont, Volkswagen, Telenor, FSI, and ASN Bank, seem to be interested in continuing their wor k in the protection of human rights. The following chapter will connect these cases with the question of interest.

PAGE 78

72 CHAPTER V CONCLUSION The purpose of this study is to analyze the effect iveness of the human rights principles of the United Nations Global Compact. The principles are provided here again: Principle 1: Businesses should support and respect the protection of internationally proclaimed human rights within their sphere of influence; and Principle 2: Make sure that they are not complicit in human rights abuses 335 This thesis described arguments in support of the p rinciples and arguments against the principles. My contention was that the human rights principles are effective in helping businesses address human rights issues. In this chapter, I confirm my originally proposed thesis by first reviewing the cases in the previous chapter. Then, I cite in formation from a survey conducted on the progress made by a representative sample of signato ry businesses. Next, I discuss reasons pertaining to why businesses have been delisted. F inally, I develop my own theory in response to the supportive arguments and critiques previousl y described and conclude my argument. This chapter will then lead the way for future studies i n better answering the research question of interest. Case Analyses Sasol To review Sasol, the manager of the company, Wandra g, was adamant about educating himself about both of the human rights principles a nd how they could be applied. In order to be more educated about the meaning of the terms used i n the principles, the manager had made reference to sources made available by the United N ations, such as Human Rights: Understanding Sphere of Influence and Complicity an d the OHCHR Briefing Paper.336 He had

PAGE 79

73 also made use of many human rights tools and standa rds, such as the HRCA and the UDHR, and sought consultation from both governmental and civi l society organizations. His seeking advice at the Global CompactÂ’s Learning Forum in Ghana337 was especially of value for a business operating in Africa. Wandrag then made certain to educate his staff, including security, regarding how implementing the human rights princip les can occur, and the implementation had indeed been initiated. 338 The company had also worked to protect human rights through the Sasol Code of Ethics.339 It had educated its workers and those working wit hin its sphere of influence on the Code. However, before the Code was created, it sou ght consultation at workshops.340 Sasol then monitored the implementation of the Code and create d a hotline for complaints and suggestions.341 Sasol worked to support the workers within its sphe re of influence, the first principle, in various ways, such as protecting the rights of neig hboring societies and preventing resettlement or compensating for voluntary resettlement. It pro vided job opportunities to the local people, and paid workers (at least) a minimum wage. It tra ined security staff on the protection of human rights. Sasol also worked to ensure the health and safety of those within its sphere of influence and their families.342 In its Mozambique Natural Gas Project (NGP), it f ulfilled its goals concerning resettlement.343 Furthermore, the company had created a social dev elopment policy in which it sought to protect the needs of the loca l people through various projects in areas such as skills training and water access.344 Titan Industries Ltd. In the case of Titan, the company had actually beg un its work on socially responsible behavior before the Compact was established, but it had made even further progress on its work

PAGE 80

74 in this area since. By collaborating with a non-go vernmental organization, the company was able to receive assistance much more easily than if it had not consulted any help. The company had done much to empower women and the disabled peo ple in its community and has continued to make progress, hence, implementing the first hum an rights principle. It has also served as a role model for other businesses.345 The human rights principles of the Compact did no t seem to be an issue for Titan, which, I would argue, is adv anced in the area of human rights. Newmont Newmont is more challenging to analyze because it s hares ownership of its Peruvian mines.346 When security forces fired tear gas against civil ians for protesting against the establishment of a mine in a sacred area,347 the role of Newmont in being complicit in this typ e of human rights violations is, thus, unclear. Neve rtheless, Newmont had sought the protection of its neighbors in 2006 by changing the location of i ts mine after engaging in dialogue with a civil society actor.348 The company has also done much to improve the liv es of the neighboring societies.349 The Five Star Integrated Management System350 was a creation of the Newmont company. It was the companyÂ’s own way of seeking t o protect human rights. The company also made use of many human rights standards and tools,351 some of which are especially useful for metals and mining industries, such as the Extractiv e Industries Transparency Initiative (EITI).352 Overall, the company seemed to have striven much in protecting human rights. Volkswagen Volkswagen has made much progress especially in th e areas of health and safety throughout its supply chains internationally.353 It has done much to implement the first principle of the Compact.354 In protecting human rights, the company has colla borated with other experts in the field, such as the International Labor Organ ization.355 It created its Occupational Safety

PAGE 81

75 Policy356 and its “Better Health and Safety for Suppliers” p roject.357 Once it ameliorated the working conditions at its supply chains, it sought to serve as a role model for similar businesses.358 As Maria Kristjansdottir rightly pointed out, the case of Volkswagen is a good example of how dialogue and collaboration with gove rnmental organizations helps businesses achieve more of their socially responsible goals (t han if businesses worked independently).359 Telenor In Telenor’s case, a civil society actor had shown a documentary portraying the working conditions of one of the company’s supply chains.360 Once the company was aware of this, it hired a third party group to investigate, educate, and train managers of supply chains abroad. The company’s Supplier Conduct Principles (SCP)361 and the assessment questionnaire, the SAQ, were established as well.362 Telenor also made reference to standards, tools, and initiatives, such as the Universal Declaration of H uman Rights and the International Labor Organization.363 It especially concentrated on combatting child la bor at its supply chains364 and had collaborated with UNICEF to achieve its goal.365 Additional instances of human rights risks depended on the country in which the supply chains or sub-supply chains were located. For example, questions relating to an applicant’s count ry of origin and health were asked in job interviews in Thailand.366 Telenor had significantly reduced its HSSE risks at its supply chains and sub-supply chains internationally367 and, thus, has applied both of the human rights principles. FSI Worldwide FSI Worldwide concentrates on the ethical recruitm ent of workers.368 It has its own Code of Ethics369 and Standard Operating Procedures (SOP),370 which help the company protect human rights. FSI had done much to apply both of t he human rights principles in its work in

PAGE 82

76 combatting human trafficking and forced labor. For instance, privacy was respected when complaints were kept confidential371 (human rights principle one). Also, the company d id not tolerate the fact that the wife of a supervisor in Nepal had (unjustifiably) requested money from workers. The company had required her to return th e money and stopped working with her as well as the supervisor immediately372 (human rights principle two). FSI has excelled in the protection of human trafficking and forced labor. ASN Bank ASN Bank has done much for the human rights cause a s a member of the Compact. It is highly selective in its investment decisions. The savings options it makes available for its customers are very much concentrated on humanitaria nism and human rights. The bank also provides about two percent of its profits to humani tarian or human rights organizations.373 The bank has indeed benefitted from the mechanisms of the Compact. The company has made use of many human rights standards and tools, such as the UDHR, ILO, and the European Convention for Human Rights.374 ASN has collaborated with NGOs, such as Amnesty International, to make even further progress in the area of human rights.375 The company has also sought investment advice from other civil soci ety actors, such as the media and corporate social responsibility rating agencies.376 ASN Bank has implemented the principles in several ways. For example, the bank applied the first principle of human rights when it avoided investing in businesses that failed to ensure the protection of both its employees and tho se working within the businessesÂ’ sphere of influence from discrimination. ASN has also applie d the second human rights principle when it refused to invest in businesses whose security pers onnel have not protected the rights of others. A second example was when it avoided investing in b usinesses whose profits came from

PAGE 83

77 weapon-selling. An additional example was when the bank stopped investing in American Cisco systems for providing routers to the Chinese govern ment. Another instance was when the bank terminated investment in an Irish construction manu facturer who helped construct the wall on the West Bank of the Jordan River. Concluding Thoughts on Cases All the businesses described in this thesis had ma de progress in the area of human rights. The principles did not seem to be an issue for any of the businesses. When SasolÂ’s manager was interested in determining what is meant by the term s used in the principles, he sought information from the sources made available.377 Moreover, the mechanisms of the Compact have appeared to be helpful. The businesses had en gaged in dialogue with civil society actors and governments. They applied human rights standar ds and tools, some of which were especially useful for their sector type. Additiona lly, they made policy changes that were more considerate of human rights. Also, the businesses had engaged in auditing and established plans of action in order to apply the principles. Signatory Businesses Are Making Improvements in the Area of Human Rights The Wharton School of the University of Pennsylvani a conducted a study, the Global Compact Annual Implementation Survey, in November 2 012 in which a representative number of participants internationally anonymously respond ed to questions online.378 Findings indicate that: The longer companies are committed to the Global Co mpact, and therefore sensitized to the range of sustainability issues, the more they t ake action. The newest participants those that have joined the Global Compact in the calendar year of the survey perform at lower rates than the overall group of survey participants and far lower than companies that have been in the Global Compact the longestÂ…The more com panies know, the more they do.379

PAGE 84

78 Improvements have been made by signatory businesses in various areas. For example, the following quote presents areas of action taken by t he signatory businesses for human rights along with their associated rates of increase between 200 9 and 2012: “(Human rights) within an overall corporate code +13%, complaint mechanism +1 6%, (and) employee performance assessment +14%.”380 On Delisted Businesses A possible critique to this thesis pertains to the businesses that have been delisted from the UN Global Compact. According to Jette Steen Kn udsen, approximately 15% of the signatories to the Compact were delisted.381 The Compact indicates that businesses are deliste d for failing to submit a Communication on Progress r eport on time.382 Therefore, it would not be fair to make the assumption that delisted businesse s have been complicit in human rights abuses for failing to protect human rights in some way. E xpulsion is about not communicating with the Compact. It is not necessarily about what business es have or have not done for human rights. There could be so many factors involved leading to a failure to communicate with the Compact. For instance, according to Uzma Hamid and Oliver Johner, the chance that a signatory business turns in its Communication on Progress (CO P) report to the Compact has to do with the size of the business. Nearly every Fortune 500 corporation communicates regularly with the Compact regarding the improvements they have made. However, only about a third of small businesses do this. Another reason pertaining to w hy businesses may not file their COP may be regional. Businesses in certain countries, such as France and Spain, are much more likely to receive great assistance from Local Networks in fil ling out the COP than businesses in other nations. Many nations do not have any Local Networ ks. If they do have Local Networks, these Networks may not be able to keep up with the increa sing number of signatory businesses to be

PAGE 85

79 able to fully assist them with completing their COP reports.383 Also, a lack of sufficient resources and time are major obstacles for small bu sinesses in completing their COPs.384 Additionally, some businesses were unaware of the C OP. Others did not comprehend it or were not interested in completing the report.385 Certain businesses have indicated a “reporting fatigue.”386 Perhaps, the Compact should then work to increase awareness of the COP, its importance, and determine how to make it easier to be filled out in order that such businesses would be more motivated. Knudsen has conducted a study pertaining to reasons why businesses could be (failing to communicate and) delisted from the Compact.387 Similarly, her research indicates that there is a greater chance that small businesses be delisted th an large businesses. She has also found that there is a greater chance that businesses from cert ain regions, such as Africa, East Asia, and Eastern Europe, be delisted than businesses from ot her regions, such as Western Europe.388 Moreover, businesses whose native nations’ governme nts are strong are less likely to be delisted than businesses whose native nations’ governments a re weak.389 In Knudsen’s words: I argue that the UN Global Compact is primarily sui table for larger firms that can use the Compact to fill a governance void as they operate i n less developed countries. Many smaller firms don’t have the resources to meet UN G lobal Compact requirements and the firms that produce and sell their goods and service s in countries with efficient government regulation benefit little from UN Global Compact membership.390 According to the Compact, the number of signatory b usinesses of small and medium sized enterprises (SMEs) and large businesse s are about equal.391 If the Compact has been more effective in helping large businesses pro tect human rights than small businesses, then greater action needs to be taken to establish and s trengthen the Local Networks that assist small businesses. Also, there should be greater opportun ities for dialogue between small businesses or any business that is struggling and the Compact in order to, hopefully, address the challenges

PAGE 86

80 they may be experiencing. Guidance for completing the COP guideline is provided on the Compact’s website,392 but it may not be enough. Otherwise, if originall y interested, wellmeaning businesses are delisted, there is a concern that they would become deterred from collaborating with the Compact in its goals. Howev er, fortunately, findings from the Global Compact Annual Implementation Survey indicate that “smaller companies are catching up.”393 Nonetheless, the Compact claims that the rate at wh ich businesses are signing on to the initiative far exceeds the rate of delistings. For example, in the second half of 2013, the ratio of new members to delisted members was 7:1.394 In addition, although the businesses that do not submit their COP for two years in a row risk being delisted from the Compact, delisted businesses may re-apply for membership to the Compa ct with a new letter from the CEO.395 The Human Rights Principles As mentioned, critics of the Global Compact’s princ iples, such as Deva, Lausinger, Nolan, Conzelmann and Wolf, are of the view that th at the principles are too broad and lack specificity. Murphy referred to the principles as a “minimalist code.”396 Such scholars prefer that the principles provide more direction or a hig hly structured code of conduct for businesses. However, their critiques do not appear to be justi fied in light of the businesses analyzed in this thesis. Each of the businesses analyzed in this thesis are of different industry types. Each of the businesses concentrates on particular human rights relevant to the industry type. For example, health and safety is a major concern for automobile industries, much more so than for financial industries. Additionally, each of the businesses o perates in various regions or contexts. Protecting human rights may demand different sorts of actions from different businesses. There is no “one size fits all” solution for businesses i n the protection of human rights. Rasche was

PAGE 87

81 right in arguing that more general principles ease the path for diverse sectors and regions and that there may be multiple approaches towards applying t he principles.397 Circumstances of the individual businesses' locations must be taken into account in order for businesses to be able to reach their potential.398 Considering the challenges that may come with par ticular industry types, the vagueness of the Compact’s human rights princip les seem to be rather useful for each of the businesses analyzed in this thesis. The Compact’s flexibility does appear to be a strength, and it has indeed been an educational process for the busi nesses analyzed. Hence, rather than developing a more specific code of conduct for all businesses regardless of industry type or region, I am of the view that it would be more beneficial to establish a specific plan of action especially tail ored for each business. This sort of plan could be created and suggested by civil society actors or ev en other businesses that have overcome similar experiences and, thus, are in a place in which they are able to provide direction. The Compact encourages panel discussions to take place between businesses, governments, and civil society actors in order that its participants may engage in a process of learning. If both business and non-business participants of the Compact put in eno ugh time and effort at these educational platforms, they could establish very helpful, speci fic plans of actions suitable for each of the businesses. The businesses analyzed in this thesis engaged in what Rasche calls a “long-term learning network.”399 They participated in dialogue with others, such as civil society organizations or governmental organizations, for ad vice regarding how they can best implement the principles and with this type of assistance wer e able to develop specific plans of actions fitting for their sector and context. Therefore, I would argue that a more specific set of directions would be more effective if it is specifically tailo red to individual businesses rather than one set of directions aimed for all businesses of any sector o r context.

PAGE 88

82 On an additional note, if people are given a simple set of directions, such as the human rights principles as they currently exist, it may b e that they will feel more capable of fulfilling th e obligations. Perhaps because of the simplicity of the human rights principles, business managers are more likely to perceive it as feasible and, hen ce, feel motivated to take steps towards the actualization of the goal and even collaborate with persons of authority. I am of the view that once corporations sign on to Global CompactÂ’s princ iples, doors will open as they have indicated a commitment to preventing human rights abuses and applying human rights norms. By signing on to the principles of the Compact, which may not be very specific, a spark of interest has been formed in which the managers of corporations may be willing to become more educated on human rights and what actions they can take in the protection of the rights. In other words, more general principles could serve as a motivating fact or. As long as the basic idea is provided in the principles, to refrain from being complicit in huma n rights violations and to protect human rights, then we can be hopeful that signatory busin esses would initiate at least some level of related action. The concern that businesses could be considered adh ering to the principles without having actually done much is a legitimate one. Whi le it is true that the Compact expects businesses to report on their progress every year, the progress does not have to be significant. On the other hand, it is unrealistic to expect busi nesses to thoroughly address the dilemma at once especially because of the various circumstance s and challenges they may be experiencing. Hence, progress should be continuously supported a nd made more public as much as possible in order to reinforce managers interested in making ch ange.

PAGE 89

83 Voluntary vs. Mandatory Argument Singh draws attention to the risk that voluntary in itiatives could be instruments used by businesses in order to improve their image. This m ay be true for certain corporations, but it is not necessarily true for all of them. Rather, the fact that they are voluntarily agreeing to abide by the principles could be a positive indication. Per haps many of the signatories simply intend to make a positive impact in the world. It could be t hat I am overly optimistic and that many of the signatory businesses are primarily interested in im proving their image. Even if this is the case, if the majority of these businesses are regularly repo rting on their progress, then what would it matter? Several have argued for binding regulations, such a s Oxfam International,400 Wettstein,401 and Singh.402 I do not entirely disagree with their contentions and perspectives. But international treaties take years to develop, and t here is no guarantee they will turn out to be effective in the end, either. Therefore, it would be best to create opportunities for dialogue and collaboration between governmental organizations, c ivil society actors, and businesses, such as the kind that occurs through the Compact. Again, w hether binding regulations come into existence or not, the Global Compact could be what Rasche calls a “necessary supplement.”403 Concluding Thoughts to Thesis My original assertion that the human rights princip les are effective has been strengthened. The various businesses described hav e made improvements in the protection of human rights since signing on to the principles. T he vagueness of the principles appears to be a strength as it eases the path for businesses of var ious sectors and its simplicity serves to motivate businesses. Businesses may each have unique concer ns in the protection of human rights depending on their sector and region of operation. Instead of making the principles more

PAGE 90

84 specific, the suggestions provided by civil society actors, governmental organizations, or even other businesses that have experienced similar dile mmas should be more specific. The mechanisms of the Compact create the best opportuni ty for businesses, civil society actors, and governmental organizations to come together to disc uss struggles and possible solutions for each individual business. Hence, I highly disagree with the following suggestion made by S. Prakash Sethi and Donald H. Schepers: “Perhaps the most ho norable approach would be for the GC (Global Compact) to admit its failure and dissolve itself.”404 Rather, I argue that the United Nations Global Compact has been effective in addres sing the business and human rights dilemma. Future Recommendations This study could be improved if a significant numbe r of businesses were analyzed. This thesis only described the cases of seven businesses a relatively small number compared to the thousands of businesses currently signatory to the Compact, as it is not feasible to analyze a large number of businesses in a thesis. Thus, the impact of the principles should be examined with a more representative sample of the signatory busines ses in a future study. An analysis of a greater number of businesses would be more useful f or the research question. It would be even better if a wide variety of variab les are taken into account in future studies. For instance, an extensive study comparin g the level of impact the Compact has had on large businesses with small businesses would be hig hly valuable. Hamid and Johner note that the media and NGOs often concentrate on researching information about large businesses instead of small businesses.405 All of the businesses described in this thesis ar e large businesses. Additionally, while pressure from civil society act ors may motivate businesses to become members to the Compact and promote human rights, it would be interesting to examine the

PAGE 91

85 extent of this pressure or the level of pressure pe rceived by businesses. Another point is that information about the political and economic circum stances of the businessesÂ’ native countries as well as the businessesÂ’ host countries if they are multi-national businesses should be considered as these variables may have an effect on motivating businesses to sign onto the Compact or on the ease of implementing the principles if they are already signatory. The political and legal circumstances of businessesÂ’ countries of operation may make it more challenging for businesses to strive in the area of human rights. Also, the p olitical ideologies of businessesÂ’ native countries may have an effect on corporate behaviors in the so cial sphere regardless of whether the businesses are domestic-based or multi-national bus inesses because the managers may hold particular values which may or may not be helpful i n the cause of human rights. Another point that must be taken into consideration is that it ma y be more facile for businesses that are succeeding financially to support and respect human rights than businesses that are suffering. Moreover, the cultural and psychological background of CEOs should be taken into account in future studies. Perhaps a significant number of th e signatories of the Compact already come from more human rights-conscious cultures, which ma y effect both the decision to sign onto the Compact and actions taken for human rights. It cou ld also be that psychological characteristics of CEOs have an effect on their decision to sign on to the Compact and their decision to engage in more socially responsible behavior. It may be h elpful to investigate whether the CEOs of businesses of particular cultural backgrounds or ps ychological characteristics are more or less likely to sign onto the Compact and engage in socia lly responsible behavior in order to help determine the efficaciousness of the Compact and it s voluntary aspect. Perhaps these cultural and psychological investigations could be done by r equesting the completion of questionnaires developed by psychologists, anthropologists, and so ciologists from a significant number of

PAGE 92

86 business managers in which confidentiality would be essential. Therefore, it is hoped that future studies on the effectiveness of the Compact’s human rights principles and its voluntary aspect would keep these various points in mind. The best response to the research question could be even further ameliorated. This thesis was not a scientific study. I have relied on secon dary literature as it was not feasible for me to investigate the businesses on-site. Hamid and John er draw our attention to the fact that businesses are usually public about their accomplis hments and keep quiet about areas in which they are struggling.406 A significant number of on-site investigations wo uld be especially helpful. However, it could be very challenging to examine businesses on-site for various reasons, such as financial and time constraints and the highly likely possibility that businesses aim to portray a better image. Likewise, Rasche dr aws our attention to the fact that empirical studies on the application of the principles by sig natory businesses are needed.407 Moreover, Rasche has pointed out that “future research should also advance the initiative itself by critically discussing its existing engagement mechanisms and u nderlying governance structure.”408 Finally, as Guido Palazzo and Andreas Georg Scherer suggest, a comparative analysis between the signatory businesses and non-signatory business es would be valuable.409

PAGE 93

87 REFERENCES Abbott, Kenneth W. and Duncan Snidal. “Hard and So ft Law in International Governance.” International Organization 54, no. 3 (2000): 421-456. DOI: http://0dx.doi.org.skyline.ucdenver.edu/10.1162/00208180055 1280 (accessed November 16, 2013). Aust, Anthony. “The Theory and Practice of Informa l International Instruments.” International and Comparative Law Quarterly 35, no. 4 (October 4, 1986): 787. http://0www.jstor.org.skyline.ucdenver.edu/stable/759875 (accessed September 25, 2013). Ban Ki-Moon. “Foreword.” In The United Nations Global Compact: Achievements, T rends and Challenges edited by Andreas Rasche and Georg Kell. Cambrid ge, United Kingdom: Cambridge University Press, 2010. Bigge, David M. “Bring on the Bluewash: A Social Constructivist Argument Against Using Nike v. Kasky to Attack the UN Global Compact.” International Legal Perspectives 14, no. 4 (2004): pp. 6-44. http://0www.lexisnexis.com.skyline.ucdenver.edu/lnacui2api/ api/version1/getDocCui?lni=4D03 -F920-00CW103P&csi=173097&hl=t&hv=t&hnsd=f&hns=t&hgn=t&oc=002 40&perma=true (accessed August 20, 2013). Business & Human Rights Resource Centre. “Business & Human Rights--A Brief Introduction: The Context.” 2013. http://www.business-humanrights.org/GettingStartedP ortal/Intro (accessed October 24, 2013). Business Leaders Initiative on Human Rights. “A Gu ide for Integrating Human Rights into Business Management.” United Nations Global Compac t and United Nations Human Rights: Office of the High Commissioner for Human Rights. http://www.ohchr.org/Documents/Publications/GuideHR Businessen.pdf (accessed August, 28, 2013). Conzelmann, Thomas and Klaus Dieter Wolf. “The Pot ential and Limits of Governance by Private Codes of Conduct.” In Transnational Private Governance and Its Limits edited by Jean-Christophe Graz and Andreas Nlke. New Yor k, New York: Routledge, 2008. Danish Institute for Human Rights, The. “Human Rig hts Compliance Assessment.” The Danish Institute for Human Rights. https://hrca2.humanrightsbusiness.org (accessed October 4, 2013). Deva, Surya. “Global Compact: A Critique of the U N’s ‘Public-Private’ Partnership for Promoting Corporate Citizenship.” Syracuse Journal of International Law and Communication 34 (2006): 107-151. http://0search.ebscohost.com.skyline.ucdenver.edu/login.asp x?direct=true&db=buh&AN=24840 710 (accessed August 20, 2013).

PAGE 94

88 Engineering News. Esmarie Swanepoel. “Sasol Repor ts Two Deaths at Secunda Gas Plant.” Edited by Mariaan Webb. Creamer Media’s Engineerin g News. September 21, 2009. http://www.engineeringnews.co.za/article/sasol-repo rts-two-deaths-at-secunda-gas-plant2009-09-21 (accessed March 31, 2014). Fatouros, A.A. “On the Implementation of Internati onal Codes of Conduct: An Analysis of Future Experience.” AM. U. L. REV ., 30 (1981): 941, 955. Quoted in Surya Deva, “Global Compact: A Critique of the UN’s ‘Public-Pr ivate’ Partnership for Promoting Corporate Citizenship.” Syracuse Journal of International Law and Communica tion 34 (2006): 107-151. http://0search.ebscohost.com.skyline.ucdenver.edu/login.asp x?direct=true&db=buh&AN=24840 710 (accessed August 20, 2013). Fitzgerald, Oonagh E. “Embedding Human Rights at T itan Industries Ltd.” United Nations Global Compact and United Nations Human Rights: Of fice of the High Commissioner for Human Rights. Embedding Human Rights in Business Practice II United Nations Global Compact Office. 2007. http://www.unglobalcompact.org/docs/news_events/8.1 /EHRBPII_Final.pdf (accessed December 8, 2013). Flohr, Annegret, Lothar Rieth, Sandra Schwindenhamm er and Klaus Dieter Wolf. The Role of Business in Global Governance: Corporations as Nor m-Entrepreneurs New York, New York: Palgrave Macmillan, 2010. Florini, Ann. “Voluntary Codes of Conduct May Prov ide Motivation for Responsible Corporate Behavior.” In Corporate Social and Human Rights Responsibilities: Global Legal and Management Perspectives edited by Karin Buhmann, Lynn Roseberry and Mette Morsing. New York, New York: Palgrave Macmillan, 2011. Hamid, Uzma and Oliver Johner. “The United Nations Global Compact Communication on Progress Policy: Origins, Trends and Challenges.” In The United Nations Global Compact: Achievements, Trends and Challenges edited by Andreas Rasche and Georg Kell. Cambridge, United Kingdom: Cambridge Univer sity Press, 2010. Hanhimaki, Jussi M. The United Nations: A Very Short Introduction New York, New York: Oxford University Press, 2008. International Labor Organization (ILO). Minimum Ag e Convention 1973 (C138). Referenced by Bianca Wilson, “Human Rights in the Supply Chain : The Telenor Group’s Approach to Supply Chain Sustainability.” United Nations Gl obal Compact and United Nations Human Rights: Office of the High Commissioner for Human Rights. Embedding Human Rights in Business Practice IV United Nations Global Compact Office. 2013. http://www.unglobalcompact.org/docs/issues_doc/huma n_rights/Resources/EHRBIV.pdf (accessed December 12, 2013).

PAGE 95

89 Hanks, Jonathan. “Understanding the Implications o f the Global Compact Human Rights Principles for Petrochemical Investment Activities in Developing Countries: A Case Study of Sasol.” United Nations Global Compact and United Nations Human Rights: Office of the High Commissioner for Human Rights. Embedding Human Rights in Business Practice II United Nations Global Compact Office. 2007. http://www.unglobalcompact.org/docs/news_events/8.1 /EHRBPII_Final.pdf (accessed August 28, 2013). Hillgenberg, Hartmut. “A Fresh Look at Soft Law.” European Journal of International Law 10, no. 3 (1999): 500. DOI: 10.1093/ejil/10.3.499 http://ejil.oxfordjournals.org/content/10/3/499.ful l.pdf+html (accessed on September 25, 2013). Human Rights, Labour, Environment, Anti-Corruption: Partnerships for Development United Nations Global Compact Inspirational Guide United Nations Global Compact Office. June 2007. Human Trafficking and Business: An eLearning Cours e on How to Prevent and Combat Human Trafficking. 2010. UN Global Initiative to Fight Human Trafficking and End Human Trafficking Now (EHTN). Cited by Ivana Schellongov a, “FSI Worldwide: Ethical Recruitment to Prevent Trafficking and Exploitation .” United Nations Global Compact and United Nations Human Rights: Office of the Hig h Commissioner for Human Rights. Embedding Human Rights in Business Practice IV United Nations Global Compact Office. 2013. http://www.unglobalcompact.org/docs/issues_doc/huma n_rights/Resources/EHRBIV.pdf (accessed December 12, 2013). International Labor Organization. “Facts on SafeWork .” ILO. http://www.ilo.org/legacy/english/protection/safewo rk/worldday/facts_eng.pdf (accessed December 24, 2013). ILO Forced Labour Convention No. 29 (1930). Articl e 2(1). Referenced by Ivana Schellongova, “FSI Worldwide: Ethical Recruitment to Prevent Trafficking and Exploitation.” United Nations Global Compact and U nited Nations Human Rights: Office of the High Commissioner for Human Rights. Embedding Human Rights in Business Practice IV United Nations Global Compact Office. 2013. http://www.unglobalcompact.org/docs/issues_doc/huma n_rights/Resources/EHRBIV.pdf (accessed December 12, 2013). Kell, Georg. “The Global Compact: Origins, Operat ions, Progress, Challenges.” Journal of Corporate Citizenship 11 (2003): p. 47. http://www.greenleafpublishing.com/content/pdfs/jcc11kell.pdf (accessed August 21, 2013). Knudsen, Jette Steen. “Company Delistings from the UN Global Compact: Limited Business Demand or Domestic Governance Failure?” Journal of Business Ethics 103 (2011): 331-349. DOI: 10.1007/s10551-011-0875-0 (accessed February 26, 2014).

PAGE 96

90 Knudsen, Jette Steen. “Which Companies Benefit Mos t from UN Global Compact Membership?” The European Business Review. 2014. http://www.europeanbusinessreview.com/?p=5280 (accessed February 26, 2014). Kristjansdottir, Maria. “Better Health and Safety for Suppliers: A Partnership Project Between Volkswagen, ILO & GTZ.” United Nations Global Comp act and United Nations Human Rights: Office of the High Commissioner for Human Rights. Embedding Human Rights in Business Practice II United Nations Global Compact Office. 2007. http://www.unglobalcompact.org/docs/news_events/8.1 /EHRBPII_Final.pdf (accessed December 12, 2013). Kurtz, Lauren. “Investing in Human Rights: ASN Ba nk’s Approach to Socially Responsible Banking.” United Nations Global Compact and United Nations Human Rights: Office of the High Commissioner for Human Rights. Embedding Human Rights in Business Practice III United Nations Global Compact Office. 2009. http://www.unglobalcompact.org/docs/issues_doc/huma n_rights/Resources/EHRBIII.pdf (accessed December 12, 2013). Latham & Watkins. How to Participate: Business Pa rticipation. “The Importance of Voluntarism.” United Nations Global Compact. Last updated October 27, 2010. http://www.unglobalcompact.org/docs/about_the_gc/Vo luntarism_Importance.pdf (accessed September 24, 2013). Leisinger, Klaus M. (Special Advisor to the Secret ary General on the Global Compact). “On Corporate Responsibility for Human Rights.” April 2006. http://www.unglobalcompact.org/docs/news_events/9.6 /corpresforhr_kl.pdf (accessed August 20, 2013). Leisinger, Klaus, Aron Cramer, and Faris Natour. “ Making Sense of the United Nations Global Compact Human Rights Principles.” In The United Nations Global Compact: Achievements, Trends and Challenges edited by Andreas Rasche and Georg Kell. Cambridge, United Kingdom: Cambridge University Pr ess, 2010. Murphy, Sean. “Taking Multinational Corporate Code s of Conduct to the Next Level.” Columbia Journal of Transnational Law 43, no. 1 (2005): 389, 425. Quoted in Surya Deva, “Global Compact: A Critique of the UN’s ‘Pub lic-Private’ Partnership for Promoting Corporate Citizenship.” Syracuse Journal of International Law and Communication 34 (2006): 107-151. http://0search.ebscohost.com.skyline.ucdenver.edu/login.asp x?direct=true&db=buh&AN=24840 710 (accessed August 20, 2013). Nolan, Justine. “The United Nations Global Compact with Business: Hindering or Helping the Protection of Human Rights?” The University of Queensland Law Journal 24 (2005): 465. Cited in Andreas Rasche, “ ‘A Necessary Suppl ement’-What the United Nations Global Compact Is (and Is Not).” In Corporate Social and Human Rights Responsibilities: Global Legal and Management Pers pectives edited by Karin

PAGE 97

91 Buhmann, Lynn Roseberry, and Mette Morsing. New Yo rk, New York: Palgrave Macmillan, 2011. Oxfam International (2003). White Paper on Globali zation. http://www.oxfam.org.uk/what_we_do/issues/trade/glo balisation.htm Quoted in Ronen Shamir, “Between Self-Regulation and the Alien Tort Claims Act: On the Contested Concept of Corporate Social Responsibility.” Law and Society Review 38, no. 4 (2004): 648. http://0-www.jstor.org.skyline.ucdenver.edu/stable/ 1555086 (accessed November 10, 2013). Palazzo, Guido and Andreas Georg Scherer. “The Uni ted Nations Global Compact as a Learning Approach.” In The United Nations Global Compact: Achievements, T rends and Challenges edited by Andreas Rasche and Georg Kell. Cambrid ge, United Kingdom: Cambridge University Press, 2010. Quiroz-Onate, Diego. “Newmont Mining Corporation: Embedding Human Rights Through the Five Star Integrated Management System.” United Na tions Global Compact and United Nations Human Rights: Office of the High Commissio ner for Human Rights. Embedding Human Rights in Business Practice II United Nations Global Compact Office. 2007. http://www.unglobalcompact.org/docs/news_events/8.1 /EHRBPII_Final.pdf (accessed December 12, 2013). Rasche, Andreas. “ ‘A Necessary Supplement’-What t he United Nations Global Compact Is (and Is Not).” In Corporate Social and Human Rights Responsibilities: Global Legal and Management Perspectives edited by Karin Buhmann, Lynn Roseberry, and Mett e Morsing. New York, New York: Palgrave Macmillan, 2011. ---. “The United Nations and Transnational Corpora tions.” In Globally Responsible Leadership: Managing According to the UN Global Compact edited by Joanne T. Lawrence and Paul W. Beamish. Thousand Oaks, California: SAGE Publi cations, 2013. Rasche, Andreas and Georg Kell. “Introduction: Th e United Nations Global Compact— Retrospect and Prospect.” In The United Nations Global Compact: Achievements, Trends and Challenges edited by Andreas Rasche and Georg Kell. Cambrid ge, United Kingdom: Cambridge University Press, 2010. Ruggie, John Gerard. Just Business: Multinational Corporations and Huma n Rights. New York, NY: W. W. Norton & Company, 2013. Ryder, Guy. “The Promise of the United Nations Glo bal Compact: A Trade Union Perspective on the Labour Principles.” In The United Nations Global Compact: Achievements, Trends and Challenges edited by Andreas Rasche and Georg Kell. Cambrid ge, United Kingdom: Cambridge University Press, 2010. Schellongova, Ivana. “FSI Worldwide: Ethical Recr uitment to Prevent Trafficking and

PAGE 98

92 Exploitation.” United Nations Global Compact and U nited Nations Human Rights: Office of the High Commissioner for Human Rights. Embedding Human Rights in Business Practice IV United Nations Global Compact Office. 2013. http://www.unglobalcompact.org/docs/issues_doc/huma n_rights/Resources/EHRBIV.pdf (accessed December 12, 2013). Sethi, S. Prakash and Donald H. Schepers. “United Nations Global Compact: An Assessment of Ten Years of Progress, Achievements, and Shortfalls .” In Globalization and SelfRegulation: The Crucial Role That Corporate Codes of Conduct Play in Global Business edited by S. Prakash Sethi. New York, New York: Palgrave Macmillan, 2011. Singh, Kavaljit. “Voluntary Codes of Conduct Will Not Make Corporations More Accountable.” In Corporate Social and Human Rights Responsibiliti es: Global Legal and Management, edited by Karin Buhmann, Lynn Roseberry and Mette M orsing. New York, New York: Palgrave Macmillan, 2011. United Nations. “Charter of the United Nations: P reamble.” http://www.un.org/en/documents/charter/preamble.sht ml (accessed August 22, 2013). ---. “Secretary-General Address to the World Econo mic Forum in Davos.” New York, New York: United Nations. January 28, 1999. http://www.un.org/News/dh/latest/address_2001.htm (accessed August 22, 2013). ---. Universal Declaration of Human Rights. Artic les 3, 23, 7, and 12. Referenced by Maria Kristjansdottir, “Better Health and Safety for Supp liers: A Partnership Project Between Volkswagen, ILO & GTZ.” United Nations Global Comp act and United Nations Human Rights: Office of the High Commissioner for Human Rights. Embedding Human Rights in Business Practice II United Nations Global Compact Office. 2007. http://www.unglobalcompact.org/docs/news_events/8.1 /EHRBPII_Final.pdf (accessed December 12, 2013). ---. “The Universal Declaration of Human Rights: History of the Document.” http://www.un.org/en/documents/udhr/history.shtml (accessed August 22, 2013). ---. “The Universal Declaration of Human Rights: Preamble.” http://www.un.org/en/documents/udhr/index.shtml (accessed August 22, 2013). United Nations Development Program. “Implementing the Global Compact: A Booklet for Inspiration.” Copenhagen, United Nations Developme nt Program. June 2005. http://www.unglobalcompact.org/docs/news_events/8.1 /dk_book_e.pdf (accessed August 21, 2013). ---. “Implementing the Global Compact: A Booklet for Inspiration.” Copenhagen, United Nations Development Program. June 2005. http://www.unglobalcompact.org/docs/news_events/8.1 /dk_book_e.pdf Quoted in Andreas Rasche, “ ‘A Necessary Supplement’-What the United Nations Global Compact Is (and Is Not).” In Corporate Social and Human Rights Responsibilities: Global Legal

PAGE 99

93 and Management Perspectives edited by Karin Buhmann, Lynn Roseberry, and Mett e Morsing. New York, NY: Palgrave Macmillan, 2011. United Nations Global Compact. “About Us: Overvie w of the UN Global Compact.” United Nations Global Compact. Last updated April 22, 201 3. http://unglobalcompact.org/AboutTheGC/index.html (accessed August 21, 2013). ---. “About Us: The Ten Principles.” United Nati ons Global Compact. http://www.unglobalcompact.org/aboutthegc/thetenpri nciples/ (accessed August 21, 2013). ---. “Emergence, Future, Responsibility.” United Nations Global Compact. http://en.volkswagen.com/content/medialib/vwd4/de/V olkswagen/Nachhaltigkeit/service/ download/global_compact/global_compact_fullversion/ _jcr_content/renditions/rendition. file/global_compact_par_0004_file.pdf (accessed December 25, 2013). ---. “Global Corporate Sustainability Report 2013. ” United Nations Global Compact. http://www.unglobalcompact.org/docs/about_the_gc/Gl obal_Corporate_Sustainability_R eport2013.pdf (accessed February 1, 2014). ---. “Issues: Human Rights: Guidance Materials.” United Nations Global Compact. http://unglobalcompact.org/Issues/human_rights/Tool s_and_Guidance_Materials.html (accessed October 26, 2013). ---. “Participants & Stakeholders: Participant Se arch: FSI Worldwide Limited.” United Nations Global Compact. http://unglobalcompact.org/participant/13088-FSI-Wo rldwideLimited (accessed April 10, 2014). ---. “UN Global Compact Expels 107 Companies in Se cond Half of 2013.” January 7, 2014. United Nations Global Compact. http://unglobalcompact.org/news/761-01-07-2014 (accessed February 26, 2014). ---. “United Nations Global Compact Annual Review 2008.” United Nations Global Compact Office. http://www.unglobalcompact.org/docs/news_events/9.1 _news_archives/2009_04_08/GC _2008AR_FINAL.pdf (accessed February 28, 2014). Weissbrodt, David. “Business and Human Rights: Ap plication of International Human Rights Law to Non-State Actors such as Corporations.” University of Cincinnati Law Review 74, no. 1 (2005): 55. http://0www.lexisnexis.com.skyline.ucdenver.edu/lnacui2api/ api/version1/getDocCui?lni=4JB9R7C0-00CW502P&csi=7376&hl=t&hv=t&hnsd=f&hns=t&hgn=t&oc=00240 &perma=true (accessed September 21, 2013). Wettstein, Florian. “Human Rights as Ethical Imper atives for Business: The UN Global

PAGE 100

94 Compact’s Human Rights Principles.” In Globally Responsible Leadership: Managing According to the UN Global Compact edited by Joanne T. Lawrence and Paul W. Beamish. Thousand Oaks, California: SAGE Publicat ions, 2013. Williams, Oliver F. “The UN Global Compact: The C hallenge and the Promise.” Business Ethics Quarterly 14, no. 4 (2004): 761. http://0www.jstor.org.skyline.ucdenver.edu/stable/3858012 (accessed October 26, 2013). Wilson, Bianca. “Human Rights in the Supply Chain: The Telenor Group’s Approach to Supply Chain Sustainability.” United Nations Global Compa ct and United Nations Human Rights: Office of the High Commissioner for Human Rights. Embedding Human Rights in Business Practice IV United Nations Global Compact Office. 2013. http://www.unglobalcompact.org/docs/issues_doc/huma n_rights/Resources/EHRBIV.pdf (accessed December 12, 2013). World Bank. D. Hoornweg, P. Bhada, M. Freire, C. L Trejos Gmez, R. Dave. 2010. Cities and Climate Change: An Urgent Agenda. World Bank. http://siteresources.worldbank.org/INTUWM/Resources /WorldsTop100Economies.pdf (accessed November 9, 2013). Wynhoven, Ursula and Lene Wendland. “Introduction and Acknowledgements.” United Nations Global Compact and United Nations Human Rig hts: Office of the High Commissioner for Human Rights. Embedding Human Rights in Business Practice II United Nations Global Compact Office. 2007. http://www.unglobalcompact.org/docs/news_events/8.1 /EHRBPII_Final.pdf (accessed August 28, 2013).

PAGE 101

95 World Bank, D. Hoornweg, P. Bhada, M. Freire, C. L. Trejos Gmez, R. Dave, “Cities and Climate Change: An Urgent Agenda,” World Bank, 2010 http://siteresources.worldbank.org/INTUWM/Resources /WorldsTop100Economies.pdf (accessed November 9, 2013). 2 Business & Human Rights Resource Centre, “Business & Human Rights--A Brief Introduction: The Context,” 2013, http://www.business-humanrights.org/GettingStartedP ortal/Intro (accessed October 24, 2013). 3 Ibid. 4 Ibid. 5 Klaus Leisinger, Aron Cramer, and Faris Natour, “M aking Sense of the United Nations Global Compact Human Rights Principles,” in The United Nations Global Compact: Achievements, Trends and Challenges edited by Andreas Rasche and Georg Kell (Cambridg e, United Kingdom: Cambridge University Press, 2010), p. 26. 6 Andreas Rasche, “ ‘A Necessary Supplement’-What th e United Nations Global Compact Is (and Is Not),” in Corporate Social and Human Rights Responsibilities: Global Legal and Management Perspectives edited by Karin Buhmann, Lynn Roseberry, and Mett e Morsing (New York, New York: Palgrave Macmillan, 2011), p. 54. 7 United Nations, “Secretary-General Address to the World Economic Forum in Davos,” New York, New York: United Nations, January 28, 1999, http://www.un.org/News/dh/latest/address_2001.htm (accessed August 22, 2013). 8 Ban Ki-Moon, “Foreword,” in The United Nations Global Compact: Achievements, T rends and Challenges edited by Andreas Rasche and Georg Kell (Cambridg e, United Kingdom: Cambridge University Press, 2010), p. xxviii. 9 Andreas Rasche and Georg Kell, “Introduction: The United Nations Global Compact— Retrospect and Prospect,” in The United Nations Global Compact: Achievements, T rends and Challenges edited by Andreas Rasche and Georg Kell (Cambridg e, United Kingdom: Cambridge University Press, 2010), p.1. 10 Ibid., p. 2. 11 United Nations Global Compact, “About Us: The Ten Principles,” United Nations Global Compact, http://www.unglobalcompact.org/aboutthegc/thetenpri nciples/ (accessed August 21, 2013). 12 Klaus Leisinger, Aron Cramer, and Faris Natour, “M aking Sense of the United Nations Global Compact Human Rights Principles,” in The United Nations Global Compact: Achievements, Trends and Challenges edited by Andreas Rasche and Georg Kell (Cambridg e, United Kingdom: Cambridge University Press, 2010), p. 26.

PAGE 102

96 13 Jussi M. Hanhimaki, The United Nations: A Very Short Introduction (New York, New York: Oxford University Press, 2008), p. 17. 14 United Nations, “Charter of the United Nations: P reamble,” http://www.un.org/en/documents/charter/preamble.sht ml (accessed August 22, 2013). 15 Andreas Rasche, “The United Nations and Transnatio nal Corporations,” in Globally Responsible Leadership: Managing According to the UN Global Compact edited by Joanne T. Lawrence and Paul W. Beamish (Thousand Oaks, Califo rnia: SAGE Publications, 2013), pp. 4243. 16 United Nations, “The Universal Declaration of Huma n Rights: History of the Document,” http://www.un.org/en/documents/udhr/history.shtml (accessed August 22, 2013). 17 United Nations, “The Universal Declaration of Huma n Rights: Preamble,” http://www.un.org/en/documents/udhr/index.shtml (accessed August 22, 2013). 18 Klaus Leisinger, Aron Cramer, and Faris Natour, “M aking Sense of the United Nations Global Compact Human Rights Principles,” in The United Nations Global Compact: Achievements, Trends and Challenges edited by Andreas Rasche and Georg Kell (Cambridg e, United Kingdom: Cambridge University Press, 2010), p. 25. 19 Ibid. 20 Andreas Rasche and Georg Kell, “Introduction: The United Nations Global Compact— Retrospect and Prospect,” in The United Nations Global Compact: Achievements, T rends and Challenges edited by Andreas Rasche and Georg Kell (Cambridg e, United Kingdom: Cambridge University Press, 2010), pp. 4-9. 21 Guy Ryder, “The Promise of the United Nations Glob al Compact: A Trade Union Perspective on the Labour Principles,” in The United Nations Global Compact: Achievements, T rends and Challenges edited by Andreas Rasche and Georg Kell (Cambridg e, United Kingdom: Cambridge University Press, 2010), p. 48. 22 Oliver F. Williams, “The UN Global Compact: The C hallenge and the Promise,” Business Ethics Quarterly 14, no. 4 (2004): 761, stable URL: http://0www.jstor.org.skyline.ucdenver.edu/stable/3858012 (accessed October 26, 2013). 23 Andreas Rasche, “ ‘A Necessary Supplement’-What th e United Nations Global Compact Is (and Is Not),” in Corporate Social and Human Rights Responsibilities: Global Legal and Management Perspectives edited by Karin Buhmann, Lynn Roseberry, and Mett e Morsing (New York, New York: Palgrave Macmillan, 2011), p. 64. 24 Ibid.

PAGE 103

97 25 Jonathan Hanks, “Understanding the Implications of the Global Compact Human Rights Principles for Petrochemical Investment Activities in Developing Countries: A Case Study of Sasol,” United Nations Global Compact and United Na tions Human Rights: Office of the High Commissioner for Human Rights, Embedding Human Rights in Business Practice II United Nations Global Compact Office, 2007, pp. 48-63, http://www.unglobalcompact.org/docs/news_events/8.1 /EHRBPII_Final.pdf (accessed August 28, 2013). 26 Business Leaders Initiative on Human Rights, “A Gu ide for Integrating Human Rights into Business Management,” United Nations Global Compact and United Nations Human Rights: Office of the High Commissioner for Human Rights, p 9, http://www.ohchr.org/Documents/Publications/GuideHR Businessen.pdf (accessed August 28, 2013). 27 Ibid. 28 United Nations Global Compact, “Issues: Human Rig hts: Guidance Materials,” United Nations Global Compact, http://unglobalcompact.org/Issues/human_rights/Tool s_and_Guidance_Materials.html (accessed October 26, 2013). 29 Annegret Flohr, Lothar Rieth, Sandra Schwindenhamm er and Klaus Dieter Wolf, The Role of Business in Global Governance: Corporations as Nor m-Entrepreneurs (New York, New York: Palgrave Macmillan, 2010), p. 10, Flohr et al. not e that the “norm-entrepreneurs” part of the term is taken from Ethan A. Nadelmann, “Global Proh ibition Regimes: The Evolution of Norms in International Society,” International Organization 44, no. 4 (1990): 484 and Martha Finnemore and Kathryn Sikkink, “International Norm Dynamics and Political Change,” International Organization 52 no. 4 (1998): 887-917. 30 Klaus Leisinger, Aron Cramer, and Faris Natour, “M aking Sense of the United Nations Global Compact Human Rights Principles,” in The United Nations Global Compact: Achievements, Trends and Challenges edited by Andreas Rasche and Georg Kell (Cambridg e, United Kingdom: Cambridge University Press, 2010), p. 26. 31 Surya Deva, “Global Compact: A Critique of the UN ’s ‘Public-Private’ Partnership for Promoting Corporate Citizenship,” Syracuse Journal of International Law and Communica tion 34 (2006): 107-151, http://0search.ebscohost.com.skyline.ucdenver.edu/login.asp x?direct=true&db=buh&AN=24840710 (accessed August 20, 2013). 32 Ibid. 33 Ibid., p. 129. 34 Ibid., p. 130.

PAGE 104

98 35 Ibid., p. 132. 36 Ibid., p. 130. 37 Klaus M. Leisinger (Special Advisor to the Secreta ry General on the Global Compact), “On Corporate Responsibility for Human Rights,” April 2 006, p. 13, http://www.unglobalcompact.org/docs/news_events/9.6 /corpresforhr_kl.pdf (accessed August 20, 2013). 38 Ibid. 39 Ibid. 40 Ibid. 41 Thomas Conzelmann and Klaus Dieter Wolf, “The Pote ntial and Limits of Governance by Private Codes of Conduct,” in Transnational Private Governance and Its Limits edited by JeanChristophe Graz and Andreas Nlke (New York, New Yo rk: Routledge, 2008), p. 102. 42 Justine Nolan, “The United Nations Global Compact with Business: Hindering or Helping the Protection of Human Rights?” The University of Queensland Law Journal 24 (2005): 465, cited in Andreas Rasche, “ ‘A Necessary Supplement’ -What the United Nations Global Compact Is (and Is Not),” in Corporate Social and Human Rights Responsibilities: Global Legal and Management Perspectives edited by Karin Buhmann, Lynn Roseberry, and Mett e Morsing (New York, New York: Palgrave Macmillan, 2011), p. 64. 43 Surya Deva, “Global Compact: A Critique of the UN ’s ‘Public-Private’ Partnership for Promoting Corporate Citizenship,” Syracuse Journal of International Law and Communica tion 34 (2006): 129, http://0search.ebscohost.com.skyline.ucdenver.edu/login.asp x?direct=true&db=buh&AN=24840710 (accessed August 20, 2013). 44 A.A. Fatouros, “On the Implementation of Internati onal Codes of Conduct: An Analysis of Future Experience,” AM. U. L. REV ., 30 (1981): 941, 955, quoted in Surya Deva, “Glo bal Compact: A Critique of the UN’s ‘Public-Private’ P artnership for Promoting Corporate Citizenship,” Syracuse Journal of International Law and Communica tion 34 (2006): 129, http://0search.ebscohost.com.skyline.ucdenver.edu/login.asp x?direct=true&db=buh&AN=24840710 (accessed August 20, 2013). 45 Sean Murphy, “Taking Multinational Corporate Codes of Conduct to the Next Level,” Columbia Journal of Transnational Law 43, no. 1 (2005): 389, 425, quoted in Surya Deva, “Global Compact: A Critique of the UN’s ‘Pub lic-Private’ Partnership for Promoting Corporate Citizenship,” Syracuse Journal of International Law and Communica tion 34 (2006):

PAGE 105

99 107-151, http://0search.ebscohost.com.skyline.ucdenver.edu/login.asp x?direct=true&db=buh&AN=24840710 (accessed August 20, 2013). 46 Ibid. 47 David Weissbrodt, “Business and Human Rights: App lication of International Human Rights Law to Non-State Actors such as Corporations,” University of Cincinnati Law Review 74, no. 1 (2005): 55, http://0www.lexisnexis.com.skyline.ucdenver.edu/lnacui2api/ api/version1/getDocCui?lni=4JB9-R7C000CW-502P&csi=7376&hl=t&hv=t&hnsd=f&hns=t&hgn=t&oc= 00240&perma=true (accessed September 21, 2013). 48 David M. Bigge, “Bring on the Bluewash: A Social Constructivist Argument Against Using Nike v. Kasky to Attack the UN Global Compact,” International Legal Perspectives 14 (April 2004): pp. 6-44, http://0www.lexisnexis.com.skyline.ucdenver.edu/lnacui2api/ api/version1/getDocCui?lni=4D03-F92000CW-103P&csi=173097&hl=t&hv=t&hnsd=f&hns=t&hgn=t&o c=00240&perma=true (accessed August 20, 2013). 49 Andreas Rasche, “ ‘A Necessary Supplement’-What th e United Nations Global Compact Is (and Is Not),” in Corporate Social and Human Rights Responsibilities: Global Legal and Management Perspectives edited by Karin Buhmann, Lynn Roseberry, and Mett e Morsing (New York, New York: Palgrave Macmillan, 2011), p. 64. 50 Ibid. 51 Ibid., pp. 64-65. 52 United Nations Development Program, “Implementing the Global Compact: A Booklet for Inspiration,” Copenhagen, United Nations Developmen t Program, June 2005, p. 8, http://www.unglobalcompact.org/docs/news_events/8.1 /dk_book_e.pdf (accessed August 21, 2013). 53 Andreas Rasche, “ ‘A Necessary Supplement’-What th e United Nations Global Compact Is (and Is Not),” in Corporate Social and Human Rights Responsibilities: Global Legal and Management Perspectives edited by Karin Buhmann, Lynn Roseberry, and Mett e Morsing (New York, New York: Palgrave Macmillan, 2011), p. 65. 54 Ibid. 55 Ibid. 56 United Nations Development Program, “Implementing the Global Compact: A Booklet for Inspiration,” Copenhagen, United Nations Developmen t Program, June 2005, p. 8,

PAGE 106

100 http://www.unglobalcompact.org/docs/news_events/8.1 /dk_book_e.pdf quoted in Andreas Rasche, “ ‘A Necessary Supplement’-What the United Nations Global Compact Is (and Is Not),” in Corporate Social and Human Rights Responsibilities: Global Legal and Management Perspectives edited by Karin Buhmann, Lynn Roseberry, and Mett e Morsing (New York, New York: Palgrave Macmillan, 2011), p. 65. 57 United Nations Development Program, “Implementing the Global Compact: A Booklet for Inspiration,” Copenhagen, United Nations Developmen t Program, June 2005, p. 6, http://www.unglobalcompact.org/docs/news_events/8.1 /dk_book_e.pdf (accessed August 21, 2013). 58 Ibid. 59 Ibid. 60 Andreas Rasche, “ ‘A Necessary Supplement’-What th e United Nations Global Compact Is (and Is Not),” in Corporate Social and Human Rights Responsibilities: Global Legal and Management Perspectives edited by Karin Buhmann, Lynn Roseberry, and Mett e Morsing (New York, New York: Palgrave Macmillan, 2011), p. 65. 61 Klaus Leisinger, Aron Cramer, and Faris Natour, “M aking Sense of the United Nations Global Compact Human Rights Principles,” in The United Nations Global Compact: Achievements, Trends and Challenges edited by Andreas Rasche and Georg Kell (Cambridg e, United Kingdom: Cambridge University Press, 2010), pp. 42 -43. 62 Georg Kell, “The Global Compact: Origins, Operati ons, Progress, Challenges,” Journal of Corporate Citizenship 11 (2003): p. 47, http://www.greenleafpublishing.com/content/pdfs/jcc11kell.pdf (accessed August 21, 2013). 63 Ibid. 64 Ibid. 65 Klaus Leisinger, Aron Cramer, and Faris Natour, “M aking Sense of the United Nations Global Compact Human Rights Principles,” in The United Nations Global Compact: Achievements, Trends and Challenges edited by Andreas Rasche and Georg Kell (Cambridg e, United Kingdom: Cambridge University Press, 2010), p. 26. 66 United Nations Global Compact, “About Us: Overvie w of the UN Global Compact,” United Nations Global Compact, last updated April 22, 2013 http://unglobalcompact.org/AboutTheGC/index.html (accessed August 21, 2013). 67 Klaus Leisinger, Aron Cramer, and Faris Natour, “M aking Sense of the United Nations Global Compact Human Rights Principles,” in The United Nations Global Compact: Achievements,

PAGE 107

101 Trends and Challenges edited by Andreas Rasche and Georg Kell (Cambridg e, United Kingdom: Cambridge University Press, 2010), p. 26. 68 David Weissbrodt, “Business and Human Rights: App lication of International Human Rights Law to Non-State Actors such as Corporations,” University of Cincinnati Law Review 74, no. 1 (2005): 55, http://0www.lexisnexis.com.skyline.ucdenver.edu/lnacui2api/ api/version1/getDocCui?lni=4JB9-R7C000CW-502P&csi=7376&hl=t&hv=t&hnsd=f&hns=t&hgn=t&oc= 00240&perma=true (accessed September 21, 2013). 69 Oxfam International (2003), White Paper on Globali zation, http://www.oxfam.org.uk/what_we_do/issues/trade/glo balisation.htm quoted in Ronen Shamir, “Between Self-Regulation and the Alien Tort Claims Act: On the Contested Concept of Corporate Social Responsibility,” Law and Society Review 38, no. 4 (2004): 648, http://0www.jstor.org.skyline.ucdenver.edu/stable/1555086 (accessed November 10, 2013). 70 Florian Wettstein, “Human Rights as Ethical Impera tives for Business: The UN Global Compact’s Human Rights Principles,” in Globally Responsible Leadership: Managing According to the UN Global Compact edited by Joanne T. Lawrence and Paul W. Beamish (Thousand Oaks, California: SAGE Publications, 201 3), pp. 81-82. 71 Ibid., p. 81. 72 Ibid., p. 82. 73 Kavaljit Singh, “Voluntary Codes of Conduct Will N ot Make Corporations More Accountable,” in Corporate Social and Human Rights Responsibilities: Global Legal and Management Perspectives edited by Karin Buhmann, Lynn Roseberry and Mette Morsing (New York, New York: Palgrave Macmillan, 2011), pp. 163 -173. 74 Ibid., pp. 166-167. 75 Ann Florini, “Voluntary Codes of Conduct May Provi de Motivation for Responsible Corporate Behavior,” in Corporate Social and Human Rights Responsibilities: Global Legal and Management Perspectives edited by Karin Buhmann, Lynn Roseberry and Mette Morsing (New York, New York: Palgrave Macmillan, 2011), pp 150-153. 76 Ibid., p. 159. 77 Latham & Watkins, How to Participate: Business Pa rticipation, “The Importance of Voluntarism,” United Nations Global Compact, last u pdated October 27, 2010, http://www.unglobalcompact.org/docs/about_the_gc/Vo luntarism_Importance.pdf (accessed September 24, 2013). 78 Ibid.

PAGE 108

102 79 Ibid. 80 Ibid. 81 Ibid. 82 Ibid. 83 Ibid. 84 Klaus Leisinger, Aron Cramer, and Faris Natour, “M aking Sense of the United Nations Global Compact Human Rights Principles,” in The United Nations Global Compact: Achievements, Trends and Challenges edited by Andreas Rasche and Georg Kell (Cambridg e, United Kingdom: Cambridge University Press, 2010), p. 26. 85 Annegret Flohr, Lothar Rieth, Sandra Schwindenhamm er and Klaus Dieter Wolf, The Role of Business in Global Governance: Corporations as Nor m-Entrepreneurs (New York, New York: Palgrave Macmillan, 2010), p. 10, Flohr et al. not e that the “norm-entrepreneurs” part of the term is taken from Ethan A. Nadelmann, “Global Proh ibition Regimes: The Evolution of Norms in International Society,” International Organization 44, no. 4 (1990): 484 and Martha Finnemore and Kathryn Sikkink, “International Norm Dynamics and Political Change,” International Organization 52, no. 4, (1998): 887-917. 86 Guy Ryder, “The Promise of the United Nations Glob al Compact: A Trade Union Perspective on the Labour Principles,” in The United Nations Global Compact: Achievements, T rends and Challenges edited by Andreas Rasche and Georg Kell (Cambridg e, United Kingdom: Cambridge University Press, 2010), p. 48. 87 Andreas Rasche and Georg Kell, “Introduction: The United Nations Global Compact— Retrospect and Prospect,” in The United Nations Global Compact: Achievements, T rends and Challenges edited by Andreas Rasche and Georg Kell (Cambridg e, United Kingdom: Cambridge University Press, 2010), pp. 4-9. 88 David M. Bigge, “Bring on the Bluewash: A Social Constructivist Argument Against Using Nike v. Kasky to Attack the UN Global Compact,” International Legal Perspectives 14 (April 2004): pp. 6-44, http://0www.lexisnexis.com.skyline.ucdenver.edu/lnacui2api/ api/version1/getDocCui?lni=4D03-F92000CW-103P&csi=173097&hl=t&hv=t&hnsd=f&hns=t&hgn=t&o c=00240&perma=true (accessed August 20, 2013). 89 Ibid. 90 Ibid.

PAGE 109

103 91 Ibid. 92 Oliver F. Williams, “The UN Global Compact: The C hallenge and the Promise,” Business Ethics Quarterly 14, no. 4 ( 2004): 761, stable URL: http://0www.jstor.org.skyline.ucdenver.edu/stable/3858012 (accessed October 26, 2013) and Andreas Rasche, “ ‘A Necessary Supplement’-What the United Nations Global Compact Is (and Is Not),” in Corporate Social and Human Rights Responsibilities: Global Legal and Management Perspectives edited by Karin Buhmann, Lynn Roseberry, and Mett e Morsing (New York, New York: Palgrave Macmillan, 2011), p. 64. 93 United Nations Global Compact, “Issues: Human Rig hts: Guidance Materials,” United Nations Global Compact, http://unglobalcompact.org/Issues/human_rights/Tool s_and_Guidance_Materials.html (accessed October 26, 2013). 94 Annegret Flohr, Lothar Rieth, Sandra Schwindenhamm er and Klaus Dieter Wolf, The Role of Business in Global Governance: Corporations as Nor m-Entrepreneurs (New York, New York: Palgrave Macmillan, 2010), p. 10, Flohr et al. not e that the “norm-entrepreneurs” part of the term is taken from Ethan A. Nadelmann, “Global Proh ibition Regimes: The Evolution of Norms in International Society,” International Organization 44, no. 4 (1990): 484 and Martha Finnemore and Kathryn Sikkink, “International Norm Dynamics and Political Change,” International Organization 52, no. 4 (1998): 887-917. 95 Annegret Flohr, Lothar Rieth, Sandra Schwindenhamm er and Klaus Dieter Wolf, The Role of Business in Global Governance: Corporations as Nor m-Entrepreneurs (New York, New York: Palgrave Macmillan, 2010), p. 10. 96 Ibid. 97 Ibid., p. 19. 98 Klaus Leisinger, Aron Cramer, and Faris Natour, “M aking Sense of the United Nations Global Compact Human Rights Principles,” in The United Nations Global Compact: Achievements, Trends and Challenges edited by Andreas Rasche and Georg Kell (Cambridg e, United Kingdom: Cambridge University Press, 2010), p. 26. 99 United Nations Global Compact, “About Us: Overvie w of the UN Global Compact,” United Nations Global Compact, last updated April 22, 2013 http://unglobalcompact.org/AboutTheGC/index.html (accessed August 21, 2013). 100 Ann Florini, “Voluntary Codes of Conduct May Provi de Motivation for Responsible Corporate Behavior,” in Corporate Social and Human Rights Responsibilities: Global Legal and Management Perspectives edited by Karin Buhmann, Lynn Roseberry and Mette Morsing (New York, New York: Palgrave Macmillan, 2011), pp 150-153.

PAGE 110

104 101 Ibid., pp. 159-160. 102 Ibid., p. 162. 103 Ibid. 104 Hartmut Hillgenberg, “A Fresh Look at Soft Law,” European Journal of International Law 10, no. 3 (1999): 500, DOI: 10.1093/ejil/10.3.499, http://ejil.oxfordjournals.org/content/10/3/499.ful l.pdf+html (accessed September 25, 2013). 105 Ibid. 106 Anthony Aust, “The Theory and Practice of Informal International Instruments,” International and Comparative Law Quarterly 35, no. 4 (October 4, 1986): 787, http://0www.jstor.org.skyline.ucdenver.edu/stable/759875 (accessed September 25, 2013). 107 John Gerard Ruggie, Just Business: Multinational Corporations and Huma n Rights (New York, New York: W. W. Norton & Company, 2013), pp 45-46. 108 Kenneth W. Abbott and Duncan Snidal, “Hard and Sof t Law in International Governance,” International Organization 54, no. 3 (2000): 423, DOI: http://0dx.doi.org.skyline.ucdenver.edu/10.1162/00208180055 1280 (accessed November 16, 2013). 109 Ibid. 110 Ibid., p. 456. 111 Ibid., p. 423. 112 Hartmut Hillgenberg, “A Fresh Look at Soft Law,” European Journal of International Law 10, no. 3 (1999): 501, DOI: 10.1093/ejil/10.3.499, http://ejil.oxfordjournals.org/content/10/3/499.ful l.pdf+html (accessed September 25, 2013), citing from: J. Klabbers. The Concept of Treaty in International Law (1996), at 27 and Schachter “International Law in Theory and Practice ,” 178 RdC (1982, V) at 126 et seq 113 John Gerard Ruggie, Just Business: Multinational Corporations and Huma n Rights (New York, New York: W. W. Norton & Company, 2013), pp 45-46. 114 Anthony Aust, “The Theory and Practice of Informal International Instruments,” International and Comparative Law Quarterly 35, no. 4 (October 4, 1986): 787, http://0www.jstor.org.skyline.ucdenver.edu/stable/759875 (accessed September 25, 2013). 115 Ibid., p. 789.

PAGE 111

105 116 Ibid. 117 John Gerard Ruggie, Just Business: Multinational Corporations and Huma n Rights (New York, New York: W. W. Norton & Company, 2013), p. 57. 118 Andreas Rasche, “ ‘A Necessary Supplement’-What th e United Nations Global Compact Is (and Is Not),” in Corporate Social and Human Rights Responsibilities: Global Legal and Management Perspectives edited by Karin Buhmann, Lynn Roseberry, and Mett e Morsing (New York, New York: Palgrave Macmillan, 2011), pp. 5276. 119 Available on the United Nations Global Compact web site: www.unglobalcompact.org 120 Ursula Wynhoven and Lene Wendland, “Introduction a nd Acknowledgements,” United Nations Global Compact and United Nations Human Rig hts: Office of the High Commissioner for Human Rights, Embedding Human Rights in Business Practice II United Nations Global Compact Office, 2007, p. 7, http://www.unglobalcompact.org/docs/news_events/8.1 /EHRBPII_Final.pdf (accessed August 28, 2013). 121 Jonathan Hanks, “Understanding the Implications of the Global Compact Human Rights Principles for Petrochemical Investment Activities in Developing Countries: A Case Study of Sasol,” United Nations Global Compact and United Na tions Human Rights: Office of the High Commissioner for Human Rights, Embedding Human Rights in Business Practice II United Nations Global Compact Office, 2007, pp. 48-63, http://www.unglobalcompact.org/docs/news_events/8.1 /EHRBPII_Final.pdf (accessed August 28, 2013). 122 Ibid. 123 Ibid., p. 51. 124 Ibid. 125 Ibid. 126 Ibid., pp. 48-63. 127 Sasol’s Code of Ethics can be accessed through the following website: http://www.sasol.com/sasol_internet/downloads/Sasol _Code_Ethics_1165226990257.pdf as indicated in endnote 12 by Jonathan Hanks, “Underst anding the Implications of the Global Compact Human Rights Principles for Petrochemical I nvestment Activities in Developing Countries: A Case Study of Sasol,” United Nations Global Compact and United Nations Human Rights: Office of the High Commissioner for Human Rights, Embedding Human Rights in Business Practice II United Nations Global Compact Office, 2007, p. 53 http://www.unglobalcompact.org/docs/news_events/8.1 /EHRBPII_Final.pdf (accessed August 28, 2013).

PAGE 112

106 128 For more information, see Annex 1 in Jonathan Hank s, “Understanding the Implications of the Global Compact Human Rights Principles for Petr ochemical Investment Activities in Developing Countries: A Case Study of Sasol,” Unit ed Nations Global Compact and United Nations Human Rights: Office of the High Commissio ner for Human Rights, Embedding Human Rights in Business Practice II United Nations Global Compact Office, 2007, p. 61 http://www.unglobalcompact.org/docs/news_events/8.1 /EHRBPII_Final.pdf (accessed August 28, 2013). 129 Jonathan Hanks, “Understanding the Implications of the Global Compact Human Rights Principles for Petrochemical Investment Activities in Developing Countries: A Case Study of Sasol,” United Nations Global Compact and United Na tions Human Rights: Office of the High Commissioner for Human Rights, Embedding Human Rights in Business Practice II United Nations Global Compact Office, 2007, p. 53, http://www.unglobalcompact.org/docs/news_events/8.1 /EHRBPII_Final.pdf (accessed August 28, 2013). 130 Ibid., pp. 48-63. 131 Ibid., p. 55. 132 Ibid., p. 56. 133 Ibid. 134 Ibid. 135 Ibid. 136 For more information, see Annex 2 in Jonathan Hank s, “Understanding the Implications of the Global Compact Human Rights Principles for Petr ochemical Investment Activities in Developing Countries: A Case Study of Sasol,” Unit ed Nations Global Compact and United Nations Human Rights: Office of the High Commissio ner for Human Rights, Embedding Human Rights in Business Practice II United Nations Global Compact Office, 2007, p. 61 http://www.unglobalcompact.org/docs/news_events/8.1 /EHRBPII_Final.pdf (accessed August 28, 2013). 137 These guidelines are found in Operational Policy 4 .12: Involuntary Resettlement (OP 4.12), Bank Procedure 4.12: Involuntary Resettlement (BP 4 .12) and Operational Directive 4.30: Involuntary Resettlement (OD 4.30) as indicated in endnote 18 by Jonathan Hanks, “Understanding the Implications of the Global Compa ct Human Rights Principles for Petrochemical Investment Activities in Developing C ountries: A Case Study of Sasol,” United Nations Global Compact and United Nations Human Rig hts: Office of the High Commissioner for Human Rights, Embedding Human Rights in Business Practice II United Nations Global Compact Office, 2007, p. 63, http://www.unglobalcompact.org/docs/news_events/8.1 /EHRBPII_Final.pdf (accessed August 28, 2013).

PAGE 113

107 138 Jonathan Hanks, “Understanding the Implications of the Global Compact Human Rights Principles for Petrochemical Investment Activities in Developing Countries: A Case Study of Sasol,” United Nations Global Compact and United Na tions Human Rights: Office of the High Commissioner for Human Rights, Embedding Human Rights in Business Practice II United Nations Global Compact Office, 2007, p. 56, http://www.unglobalcompact.org/docs/news_events/8.1 /EHRBPII_Final.pdf (accessed August 28, 2013). 139 Ibid. 140 Ibid. 141 Ibid., p. 57. 142 Ibid. 143 Ibid. 144 Ibid., p. 58. 145 Ibid., pp. 48-63. 146 Ibid. 147 Ibid. 148 Ibid. 149 Ibid. 150 See: www.eiti.org 151 See: www.voluntaryprinciples.org 152 Jonathan Hanks, “Understanding the Implications of the Global Compact Human Rights Principles for Petrochemical Investment Activities in Developing Countries: A Case Study of Sasol,” United Nations Global Compact and United Na tions Human Rights: Office of the High Commissioner for Human Rights, Embedding Human Rights in Business Practice II United Nations Global Compact Office, 2007, pp. 48-63, http://www.unglobalcompact.org/docs/news_events/8.1 /EHRBPII_Final.pdf (accessed August 28, 2013). 153 Ibid. 154 Ibid. 155 See: www.humanrights.dk

PAGE 114

108 156 Jonathan Hanks, “Understanding the Implications of the Global Compact Human Rights Principles for Petrochemical Investment Activities in Developing Countries: A Case Study of Sasol,” United Nations Global Compact and United Na tions Human Rights: Office of the High Commissioner for Human Rights, Embedding Human Rights in Business Practice II United Nations Global Compact Office, 2007, pp. 48-63, http://www.unglobalcompact.org/docs/news_events/8.1 /EHRBPII_Final.pdf (accessed August 28, 2013). 157 The Danish Institute for Human Rights, “Human Righ ts Compliance Assessment,” The Danish Institute for Human Rights, https://hrca2.humanrightsbusiness.org (accessed October 4, 2013). 158 Jonathan Hanks, “Understanding the Implications of the Global Compact Human Rights Principles for Petrochemical Investment Activities in Developing Countries: A Case Study of Sasol,” United Nations Global Compact and United Na tions Human Rights: Office of the High Commissioner for Human Rights, Embedding Human Rights in Business Practice II United Nations Global Compact Office, 2007, pp. 48-63, http://www.unglobalcompact.org/docs/news_events/8.1 /EHRBPII_Final.pdf (accessed August 28, 2013). 159 Ibid. Engineering News, Esmarie Swanepoel, “Sasol Reports Two Deaths at Secunda Gas Plant,” edited by Mariaan Webb, Creamer Media’s Engineering News, September 21, 2009, http://www.engineeringnews.co.za/article/sasol-repo rts-two-deaths-at-secunda-gas-plant-200909-21 (accessed March 31, 2014). 161 Oonagh E. Fitzgerald, “Embedding Human Rights at T itan Industries Ltd.,” United Nations Global Compact and United Nations Human Rights: Of fice of the High Commissioner for Human Rights, Embedding Human Rights in Business Practice II United Nations Global Compact Office, 2007, pp. 144-146, http://www.unglobalcompact.org/docs/news_events/8.1 /EHRBPII_Final.pdf (accessed December 8, 2013). 162 “Titan Industries—committed to sustainable develop ment: business plan 2006-7,” Titan Industries Ltd. deck presentation (Spring 2006), qu oted in Oonagh E. Fitzgerald, “Embedding Human Rights at Titan Industries Ltd.,” United Nati ons Global Compact and United Nations Human Rights: Office of the High Commissioner for Human Rights, Embedding Human Rights in Business Practice II United Nations Global Compact Office, 2007, p. 14 6, http://www.unglobalcompact.org/docs/news_events/8.1 /EHRBPII_Final.pdf (December 8, 2013). 163 Ibid. 164 Oonagh E. Fitzgerald, “Embedding Human Rights at T itan Industries Ltd.,” United Nations Global Compact and United Nations Human Rights: Of fice of the High Commissioner for Human Rights, Embedding Human Rights in Business Practice II United Nations Global

PAGE 115

109 Compact Office, 2007, p. 146, http://www.unglobalcompact.org/docs/news_events/8.1 /EHRBPII_Final.pdf (December 8, 2013). 165 Ibid. 166 Ibid., p. 147. 167 Ibid., p. 148. 168 Human Rights, Labour, Environment, Anti-Corruption: Partnerships for Development United Nations Global Compact Inspirational Guide (United Nations Global Compact Office, June 2007), p. 14. 169 Ibid. 170 Diego Quiroz-Onate, “Newmont Mining Corporation: Embedding Human Rights Through the Five Star Integrated Management System,” United Nations Global Compact and United Nations Human Rights: Office of the High Commissio ner for Human Rights, Embedding Human Rights in Business Practice II United Nations Global Compact Office, 2007, pp. 1 57158, http://www.unglobalcompact.org/docs/news_events/8.1 /EHRBPII_Final.pdf (accessed December 12, 2013). 171 Ibid., pp. 163-164. 172 Ibid., pp. 157-158. 173 Ibid., pp. 163-164. 174 John Gerard Ruggie, Just Business: Multinational Corporations and Huma n Rights (New York, NY: W. W. Norton & Company, 2013), p. xxxvi 175 Ibid., p. xxxvii. 176 Ibid. 177 Ibid., pp. xxxvii–xli. 178 Diego Quiroz-Onate, “Newmont Mining Corporation: Embedding Human Rights Through the Five Star Integrated Management System,” United Nations Global Compact and United Nations Human Rights: Office of the High Commissio ner for Human Rights, Embedding Human Rights in Business Practice II United Nations Global Compact Office, 2007, pp. 1 57166, http://www.unglobalcompact.org/docs/news_events/8.1 /EHRBPII_Final.pdf (accessed December 12, 2013). 179 Ibid., p. 159.

PAGE 116

110 180 For more information, see: http://eiti.org/extractive-industries-transparencyinitiative-0 181 For more information, see: http://www.publishwhatyoupay.org/about 182 For more information, see: http://www.thesullivanfoundation.org/about/The-Glob al-SullivanPrinciples.html and http://heartland.org/sites/all/modules/custom/heart land_migration/files/pdfs/6789.pdf 183 For more information, see: http://www.fundforpeace.org/global/library/pd-11-14 -hr-hrbrtoverview-1104c.pdf 184 Diego Quiroz-Onate, “Newmont Mining Corporation: Embedding Human Rights Through the Five Star Integrated Management System,” United Nations Global Compact and United Nations Human Rights: Office of the High Commissio ner for Human Rights, Embedding Human Rights in Business Practice II United Nations Global Compact Office, 2007, p. 16 0, http://www.unglobalcompact.org/docs/news_events/8.1 /EHRBPII_Final.pdf (accessed December 12, 2013). 185 Ibid., pp. 157-166. 186 Newmont’s Social Responsibility Policy and Guideli nes, cited by Diego Quiroz-Onate, “Newmont Mining Corporation: Embedding Human Right s Through the Five Star Integrated Management System,” United Nations Global Compact a nd United Nations Human Rights: Office of the High Commissioner for Human Rights, Embedding Human Rights in Business Practice II United Nations Global Compact Office, 2007, p. 16 0, http://www.unglobalcompact.org/docs/news_events/8.1 /EHRBPII_Final.pdf (accessed December 12, 2013). 187 Diego Quiroz-Onate, “Newmont Mining Corporation: Embedding Human Rights Through the Five Star Integrated Management System,” United Nations Global Compact and United Nations Human Rights: Office of the High Commissio ner for Human Rights, Embedding Human Rights in Business Practice II United Nations Global Compact Office, 2007, p. 16 1, http://www.unglobalcompact.org/docs/news_events/8.1 /EHRBPII_Final.pdf (accessed December 12, 2013). 188 Ibid., pp. 161-162. For more information, see: www.globalreporting.org 190 Diego Quiroz-Onate, “Newmont Mining Corporation: Embedding Human Rights Through the Five Star Integrated Management System,” United Nations Global Compact and United Nations Human Rights: Office of the High Commissio ner for Human Rights, Embedding Human Rights in Business Practice II United Nations Global Compact Office, 2007, pp. 1 61162, http://www.unglobalcompact.org/docs/news_events/8.1 /EHRBPII_Final.pdf (accessed December 12, 2013).

PAGE 117

111 191 Ibid., pp. 162-163. 192 Ibid. 193 Ibid., p. 164. 194 Ibid. 195 Ibid. 196 Ibid., pp. 164-165. 197 Ibid. 198 Ibid., p. 165. 199 Ibid. 200 Ibid. 201 Ibid. 202 Ibid. 203 Ibid. 204 Ibid., pp. 165-166. 205 Ibid., pp. 157-166. 206 Ruggie’s book was published in 2013. See: John G erard Ruggie, Just Business: Multinational Corporations and Human Rights (New York, New York: W. W. Norton & Company, 2013), pp. xxxvi-xlii. 207 John Gerard Ruggie, Just Business: Multinational Corporations and Huma n Rights (New York, New York: W. W. Norton & Company, 2013), p. xxxviii. 208 Diego Quiroz-Onate, “Newmont Mining Corporation: Embedding Human Rights Through the Five Star Integrated Management System,” United Nations Global Compact and United Nations Human Rights: Office of the High Commissio ner for Human Rights, Embedding Human Rights in Business Practice II United Nations Global Compact Office, 2007, pp. 1 57166, http://www.unglobalcompact.org/docs/news_events/8.1 /EHRBPII_Final.pdf (accessed December 12, 2013); John Gerard Ruggie, Just Business: Multinational Corporations and Human Rights (New York, NY: W. W. Norton & Company, 2013), pp. xxxvi-xlii.

PAGE 118

112 209 Maria Kristjansdottir, “Better Health and Safety f or Suppliers: A Partnership Project Between Volkswagen, ILO & GTZ,” United Nations Glob al Compact and United Nations Human Rights: Office of the High Commissioner for Human Rights, Embedding Human Rights in Business Practice II United Nations Global Compact Office, 2007, pp. 1 67-174, http://www.unglobalcompact.org/docs/news_events/8.1 /EHRBPII_Final.pdf (accessed December 12, 2013). 210 International Labor Organization, “Facts on SafeWork ,” ILO, http://www.ilo.org/legacy/english/protection/safewo rk/worldday/facts_eng.pdf (accessed December 24, 2013). 211 United Nations, Universal Declaration of Human Rig hts, Articles 3, 23, 7, and 12, referenced by Maria Kristjansdottir in “Better Health and Safe ty for Suppliers: A Partnership Project Between Volkswagen, ILO & GTZ,” United Nations Glob al Compact and United Nations Human Rights: Office of the High Commissioner for Human Rights, Embedding Human Rights in Business Practice II United Nations Global Compact Office, 2007, pp. 1 67-168, http://www.unglobalcompact.org/docs/news_events/8.1 /EHRBPII_Final.pdf (accessed December 12, 2013). 212 Maria Kristjansdottir, “Better Health and Safety f or Suppliers: A Partnership Project Between Volkswagen, ILO & GTZ,” United Nations Glob al Compact and United Nations Human Rights: Office of the High Commissioner for Human Rights, Embedding Human Rights in Business Practice II United Nations Global Compact Office, 2007, pp. 1 67-168, http://www.unglobalcompact.org/docs/news_events/8.1 /EHRBPII_Final.pdf (accessed December 12, 2013). 213 Ibid., p. 167. 214 For more information, see: http://www.imfmetal.org/files/Sozialcharta_eng3l.pd f 215 Maria Kristjansdottir, “Better Health and Safety f or Suppliers: A Partnership Project Between Volkswagen, ILO & GTZ,” United Nations Glob al Compact and United Nations Human Rights: Office of the High Commissioner for Human Rights, Embedding Human Rights in Business Practice II United Nations Global Compact Office, 2007, p. 16 8, http://www.unglobalcompact.org/docs/news_events/8.1 /EHRBPII_Final.pdf (accessed December 12, 2013). 216 Ibid. 217 Global Compact, “Emergence, Future, Responsibility ,” United Nations Global Compact, pp. 6-7, http://en.volkswagen.com/content/medialib/vwd4/de/V olkswagen/Nachhaltigkeit/service/downlo ad/global_compact/global_compact_fullversion/_jcr_c ontent/renditions/rendition.file/global_co mpact_par_0004_file.pdf (accessed December 25, 2013).

PAGE 119

113 218 Maria Kristjansdottir, “Better Health and Safety f or Suppliers: A Partnership Project Between Volkswagen, ILO & GTZ,” United Nations Glob al Compact and United Nations Human Rights: Office of the High Commissioner for Human Rights, Embedding Human Rights in Business Practice II United Nations Global Compact Office, 2007, pp. 1 68-169, http://www.unglobalcompact.org/docs/news_events/8.1 /EHRBPII_Final.pdf (accessed December 12, 2013). 219 Ibid., p. 168. 220 Ibid., p. 169. 221 Ibid., pp. 167-174. 222 Ibid., pp. 167-168. 223 Ibid., p. 168. 224 Ibid., p. 169. 225 Ibid., p. 168. 226 Ibid., pp. 170, 173. 227 Ibid., pp. 169-170. 228 Ibid., p. 170. 229 Ibid., p. 169. 230 Ibid., p. 170. 231 Ibid. 232 Ibid. 233 Ibid., p. 171. 234 Ibid. 235 Ibid. 236 Ibid. 237 Ibid. 238 Ibid. 239 Ibid., pp. 170-171. 240 Ibid, p. 172.

PAGE 120

114 241 “Telenor at a Glance,” Telenor Group, http://www.telenor.com/en/about-us/telenor-at-aglance accessed and cited in footnote 3 by Bianca Wilson “Human Rights in the Supply Chain: The Telenor Group’s Approach to Supply Chain Sustai nability,” United Nations Global Compact and United Nations Human Rights: Office of the Hig h Commissioner for Human Rights, Embedding Human Rights in Business Practice IV United Nations Global Compact Office, 2013, p. 26, http://www.unglobalcompact.org/docs/issues_doc/huma n_rights/Resources/EHRBIV.pdf (accessed December 12, 2013). 242 Bianca Wilson, “Human Rights in the Supply Chain: The Telenor Group’s Approach to Supply Chain Sustainability,” United Nations Global Compact and United Nations Human Rights: Office of the High Commissioner for Human Rights, Embedding Human Rights in Business Practice IV United Nations Global Compact Office, 2013, p. 26 http://www.unglobalcompact.org/docs/issues_doc/huma n_rights/Resources/EHRBIV.pdf (accessed December 12, 2013). 243 Ibid. 244 Ibid. 245 Code of Conduct, Telenor Group, http://www.telenor.com/en/about-us/corporategovernance/codes-of-conduct/ cited in footnote 5 by Bianca Wilson, “Human Righ ts in the Supply Chain: The Telenor Group’s Approach to Supp ly Chain Sustainability,” United Nations Global Compact and United Nations Human Rights: Of fice of the High Commissioner for Human Rights, Embedding Human Rights in Business Practice IV United Nations Global Compact Office, 2013, p. 27, http://www.unglobalcompact.org/docs/issues_doc/huma n_rights/Resources/EHRBIV.pdf (accessed December 12, 2013). 246 Bianca Wilson, “Human Rights in the Supply Chain: The Telenor Group’s Approach to Supply Chain Sustainability,” United Nations Global Compact and United Nations Human Rights: Office of the High Commissioner for Human Rights, Embedding Human Rights in Business Practice IV United Nations Global Compact Office, 2013, p. 27 http://www.unglobalcompact.org/docs/issues_doc/huma n_rights/Resources/EHRBIV.pdf (accessed December 12, 2013). 247 International Labor Organization (ILO) Minimum Age Convention 1973 (C138), referenced by Bianca Wilson, “Human Rights in the Supply Chain : The Telenor Group’s Approach to Supply Chain Sustainability,” United Nations Global Compact and United Nations Human Rights: Office of the High Commissioner for Human Rights, Embedding Human Rights in Business Practice IV United Nations Global Compact Office, 2013, p. 27 http://www.unglobalcompact.org/docs/issues_doc/huma n_rights/Resources/EHRBIV.pdf (accessed December 12, 2013). 248 Supplier Conduct Principles, Telenor Group, Jan. 2 011, http://www.telenor.com/en/resources/images/Supplier %20Conduct%20Principles_tcm2837840.pdf cited in footnote 7 by Bianca Wilson, “Human Righ ts in the Supply Chain: The

PAGE 121

115 Telenor Group’s Approach to Supply Chain Sustainabi lity,” United Nations Global Compact and United Nations Human Rights: Office of the High Co mmissioner for Human Rights, Embedding Human Rights in Business Practice IV United Nations Global Compact Office, 2013, p. 27 http://www.unglobalcompact.org/docs/issues_doc/huma n_rights/Resources/EHRBIV.pdf (accessed December 12, 2013). 249 Bianca Wilson, “Human Rights in the Supply Chain: The Telenor Group’s Approach to Supply Chain Sustainability,” United Nations Global Compact and United Nations Human Rights: Office of the High Commissioner for Human Rights, Embedding Human Rights in Business Practice IV United Nations Global Compact Office, 2013, p. 27 http://www.unglobalcompact.org/docs/issues_doc/huma n_rights/Resources/EHRBIV.pdf (accessed December 12, 2013). 250 Ibid., pp. 27-28. 251 Combatting Child Labour Through Education, Telenor Group, http://www.telenor.com/en/corporate-responsibility/ initiatives-worldwide/combating-childlabour-through-education cited in footnote 9 by Bianca Wilson, “Human Righ ts in the Supply Chain: The Telenor Group’s Approach to Supply Chai n Sustainability,” United Nations Global Compact and United Nations Human Rights: Office of the High Commissioner for Human Rights, Embedding Human Rights in Business Practice IV United Nations Global Compact Office, 2013, p. 28, http://www.unglobalcompact.org/docs/issues_doc/huma n_rights/Resources/EHRBIV.pdf (accessed December 12, 2013). 252 Bianca Wilson, “Human Rights in the Supply Chain: The Telenor Group’s Approach to Supply Chain Sustainability,” United Nations Global Compact and United Nations Human Rights: Office of the High Commissioner for Human Rights, Embedding Human Rights in Business Practice IV United Nations Global Compact Office, 2013, p. 28 http://www.unglobalcompact.org/docs/issues_doc/huma n_rights/Resources/EHRBIV.pdf (accessed December 12, 2013). 253 Ibid., pp. 28-29. 254 Ibid., pp. 29-30. 255 Ibid., p. 30. 256 Ibid. 257 Ibid., p. 31. 258 Ibid., pp. 31-32. 259 Ibid., p. 32. 260 Ibid.

PAGE 122

116 261 Ibid. 262 Ibid., p. 27. 263 Stein Hansen, Telenor’s Experiences and Approach t o Supply Chain Sustainability, 26 Oct. 2010, PPT, cited in footnote 17 by Bianca Wilson, “ Human Rights in the Supply Chain: The Telenor Group’s Approach to Supply Chain Sustainabi lity,” United Nations Global Compact and United Nations Human Rights: Office of the High Co mmissioner for Human Rights, Embedding Human Rights in Business Practice IV United Nations Global Compact Office, 2013, p. 32 http://www.unglobalcompact.org/docs/issues_doc/huma n_rights/Resources/EHRBIV.pdf (accessed December 12, 2013). 264 Bianca Wilson, “Human Rights in the Supply Chain: The Telenor Group’s Approach to Supply Chain Sustainability,” United Nations Global Compact and United Nations Human Rights: Office of the High Commissioner for Human Rights, Embedding Human Rights in Business Practice IV United Nations Global Compact Office, 2013, p. 32 http://www.unglobalcompact.org/docs/issues_doc/huma n_rights/Resources/EHRBIV.pdf (accessed December 12, 2013). 265 Ibid. 266 Ibid., pp. 32-33. 267 Ivana Schellongova, “FSI Worldwide: Ethical Recru itment to Prevent Trafficking and Exploitation,” United Nations Global Compact and Un ited Nations Human Rights: Office of the High Commissioner for Human Rights, Embedding Human Rights in Business Practice IV United Nations Global Compact Office, 2013, p. 66, http://www.unglobalcompact.org/docs/issues_doc/huma n_rights/Resources/EHRBIV.pdf (accessed December 12, 2013). 268 Ibid., p. 67. 269 Ibid. 270 Human Trafficking and Business: An eLearning Cour se on How to Prevent and Combat Human Trafficking, 2010, UN Global Initiative to Fi ght Human Trafficking and End Human Trafficking Now (EHTN), cited in endnote 6 by Ivana Schellongova, “FSI Worldwide: Ethical Recruitment to Prevent Trafficking and Exploitation ,” United Nations Global Compact and United Nations Human Rights: Office of the High Co mmissioner for Human Rights, Embedding Human Rights in Business Practice IV United Nations Global Compact Office, 2013, p. 67 http://www.unglobalcompact.org/docs/issues_doc/huma n_rights/Resources/EHRBIV.pdf (accessed December 12, 2013). 271 ILO Forced Labour Convention No. 29 (1930), Articl e 2(1), cited in endnote 7 by Ivana Schellongova, “FSI Worldwide: Ethical Recruitment to Prevent Trafficking and Exploitation,” United Nations Global Compact and United Nations Hu man Rights: Office of the High Commissioner for Human Rights, Embedding Human Rights in Business Practice IV United

PAGE 123

117 Nations Global Compact Office, 2013, p. 67, http://www.unglobalcompact.org/docs/issues_doc/huma n_rights/Resources/EHRBIV.pdf (accessed December 12, 2013). 272 United Nations Protocol to Prevent, Suppress and P unish Trafficking in Persons, Especially Women and Children; the United Nations Convention A gainst Transnational Organized Crime; ILO Treaties such as Abolition of Forced Labor Conv ention, ILO Declaration on Fundamental Principles and Rights at Work; and ILO Private Empl oyment Agencies Convention, referenced by Ivana Schellongova, “FSI Worldwide: Ethical Rec ruitment to Prevent Trafficking and Exploitation,” United Nations Global Compact and Un ited Nations Human Rights: Office of the High Commissioner for Human Rights, Embedding Human Rights in Business Practice IV United Nations Global Compact Office, 2013, pp. 6768, http://www.unglobalcompact.org/docs/issues_doc/huma n_rights/Resources/EHRBIV.pdf (accessed December 12, 2013). 273 Ivana Schellongova, “FSI Worldwide: Ethical Recru itment to Prevent Trafficking and Exploitation,” United Nations Global Compact and Un ited Nations Human Rights: Office of the High Commissioner for Human Rights, Embedding Human Rights in Business Practice IV United Nations Global Compact Office, 2013, pp. 6768, http://www.unglobalcompact.org/docs/issues_doc/huma n_rights/Resources/EHRBIV.pdf (accessed December 12, 2013). 274 Ibid., p. 68. 275 Ibid. 276 Ibid. 277 Ibid. 278 Ibid., p. 69. 279 Ibid. 280 Ibid. 281 FSI’s Code of Ethics, http://www.fsi-worldwide.com/about-us/fsi-code-of-e thics cited in footnote 22 by Ivana Schellongova, “FSI Wo rldwide: Ethical Recruitment to Prevent Trafficking and Exploitation,” United Nations Globa l Compact and United Nations Human Rights: Office of the High Commissioner for Human Rights, Embedding Human Rights in Business Practice IV United Nations Global Compact Office, 2013, p. 70 http://www.unglobalcompact.org/docs/issues_doc/huma n_rights/Resources/EHRBIV.pdf (accessed December 12, 2013). 282 Ibid.

PAGE 124

118 283 Ibid. 284 FSI SOP G1/0001, first version written January 10, 2006, latest version January 11, 2011, cited in endnote 27 by Ivana Schellongova, “FSI Wor ldwide: Ethical Recruitment to Prevent Trafficking and Exploitation,” United Nations Globa l Compact and United Nations Human Rights: Office of the High Commissioner for Human Rights, Embedding Human Rights in Business Practice IV United Nations Global Compact Office, 2013, p. 70 http://www.unglobalcompact.org/docs/issues_doc/huma n_rights/Resources/EHRBIV.pdf (accessed December 12, 2013). 285 Ibid. 286 Ibid. 287 Ibid. Ibid. 289 Ivana Schellongova, “FSI Worldwide: Ethical Recru itment to Prevent Trafficking and Exploitation,” United Nations Global Compact and Un ited Nations Human Rights: Office of the High Commissioner for Human Rights, Embedding Human Rights in Business Practice IV United Nations Global Compact Office, 2013, p. 70, http://www.unglobalcompact.org/docs/issues_doc/huma n_rights/Resources/EHRBIV.pdf (accessed December 12, 2013). 290 Ibid. 291 Ibid., p. 71. 292 Ibid. 293 Ibid. FSI became signatory to the Compact in 2011. See:United Nations Global Compact, “Participants & Stakeholders: Participant Search: FSI Worldwide Limited,” United Nations Global Compact, http://unglobalcompact.org/participant/13088-FSI-Wo rldwide-Limited (accessed April 10, 2014). 295 Ivana Schellongova, “FSI Worldwide: Ethical Recru itment to Prevent Trafficking and Exploitation,” United Nations Global Compact and Un ited Nations Human Rights: Office of the High Commissioner for Human Rights, Embedding Human Rights in Business Practice IV United Nations Global Compact Office, 2013, p. 71, http://www.unglobalcompact.org/docs/issues_doc/huma n_rights/Resources/EHRBIV.pdf (accessed December 12, 2013). 296 Ibid., pp. 71-72.

PAGE 125

119 297 Ibid., p. 72. 298 Ibid. 299 Ibid. 300 Ibid., pp. 72-73. 301 Ibid., p. 73. 302 Ibid., pp. 73-74. 303 Lauren Kurtz, “Investing in Human Rights: ASN Ban k’s Approach to Socially Responsible Banking,” United Nations Global Compact and United Nations Human Rights: Office of the High Commissioner for Human Rights, Embedding Human Rights in Business Practice III United Nations Global Compact Office, 2009, p. 46, http://www.unglobalcompact.org/docs/issues_doc/huma n_rights/Resources/EHRBIII.pdf (accessed December 12, 2013). 304 Ibid., p. 47. 305 Ibid. 306 Ibid. 307 Ibid. 308 Ibid. 309 Ibid., pp. 48, 51. 310 Ibid., p. 48. 311 Ibid. 312 Ibid., pp. 48, 51. 313 Ibid., p. 48. 314 Ibid., pp. 48-49, 51. 315 Ibid., p. 49. 316 Ibid. 317 Ibid.

PAGE 126

120 318 Ibid. 319 Ibid. 320 Ibid. 321 Ibid. 322 Ibid. 323 Ibid., p. 50. 324 Ibid. 325 Ibid. 326 Ibid. 327 Ibid. 328 Ibid. 329 Ibid., p. 51. 330 Ibid. 331 Ibid. 332 Ibid. 333 Ibid. 334 Ibid. 335 Klaus Leisinger, Aron Cramer, and Faris Natour, “M aking Sense of the United Nations Global Compact Human Rights Principles,” in The United Nations Global Compact: Achievements, Trends and Challenges edited by Andreas Rasche and Georg Kell (Cambridg e, United Kingdom: Cambridge University Press, 2010), p. 26. 336 Jonathan Hanks, “Understanding the Implications of the Global Compact Human Rights Principles for Petrochemical Investment Activities in Developing Countries: A Case Study of Sasol,” United Nations Global Compact and United Na tions Human Rights: Office of the High Commissioner for Human Rights, Embedding Human Rights in Business Practice II United Nations Global Compact Office, 2007, pp. 48-63, http://www.unglobalcompact.org/docs/news_events/8.1 /EHRBPII_Final.pdf (accessed August 28, 2013). 337 Ibid.

PAGE 127

121 338 Ibid. 339 Sasol’s Code of Ethics can be accessed through the following website: http://www.sasol.com/sasol_internet/downloads/Sasol _Code_Ethics_1165226990257.pdf as indicated in endnote 12 by Jonathan Hanks, “Underst anding the Implications of the Global Compact Human Rights Principles for Petrochemical I nvestment Activities in Developing Countries: A Case Study of Sasol,” United Nations Global Compact and United Nations Human Rights: Office of the High Commissioner for Human Rights, Embedding Human Rights in Business Practice II United Nations Global Compact Office, 2007, p. 53 http://www.unglobalcompact.org/docs/news_events/8.1 /EHRBPII_Final.pdf (accessed August 28, 2013). 340 For more information, see Annex 1 in Jonathan Hank s, “Understanding the Implications of the Global Compact Human Rights Principles for Petr ochemical Investment Activities in Developing Countries: A Case Study of Sasol,” Unit ed Nations Global Compact and United Nations Human Rights: Office of the High Commissio ner for Human Rights, Embedding Human Rights in Business Practice II United Nations Global Compact Office, 2007, p. 61 http://www.unglobalcompact.org/docs/news_events/8.1 /EHRBPII_Final.pdf (accessed August 28, 2013). 341 Jonathan Hanks, “Understanding the Implications of the Global Compact Human Rights Principles for Petrochemical Investment Activities in Developing Countries: A Case Study of Sasol,” United Nations Global Compact and United Na tions Human Rights: Office of the High Commissioner for Human Rights, Embedding Human Rights in Business Practice II United Nations Global Compact Office, 2007, p. 53, http://www.unglobalcompact.org/docs/news_events/8.1 /EHRBPII_Final.pdf (accessed August 28, 2013). 342 Ibid., p. 51. 343 Ibid., p. 57. 344 Ibid., pp. 57-58. 345 Oonagh E. Fitzgerald, “Embedding Human Rights at T itan Industries Ltd.,” United Nations Global Compact and United Nations Human Rights: Of fice of the High Commissioner for Human Rights, Embedding Human Rights in Business Practice II United Nations Global Compact Office, 2007, pp. 144-148, http://www.unglobalcompact.org/docs/news_events/8.1 /EHRBPII_Final.pdf (December 8, 2013). 346 Diego Quiroz-Onate, “Newmont Mining Corporation: Embedding Human Rights Through the Five Star Integrated Management System,” United Nations Global Compact and United Nations Human Rights: Office of the High Commissio ner for Human Rights, Embedding Human Rights in Business Practice II United Nations Global Compact Office, 2007, pp. 1 63164, http://www.unglobalcompact.org/docs/news_events/8.1 /EHRBPII_Final.pdf (accessed December 12, 2013).

PAGE 128

122 347 John Gerard Ruggie, Just Business: Multinational Corporations and Huma n Rights (New York, New York: W. W. Norton & Company, 2013), pp xxxvii–xli. 348 Ibid. 349 Ibid., p. xxxviii. 350 Diego Quiroz-Onate, “Newmont Mining Corporation: Embedding Human Rights Through the Five Star Integrated Management System,” United Nations Global Compact and United Nations Human Rights: Office of the High Commissio ner for Human Rights, Embedding Human Rights in Business Practice II United Nations Global Compact Office, 2007, pp. 1 57166, http://www.unglobalcompact.org/docs/news_events/8.1 /EHRBPII_Final.pdf (accessed December 12, 2013). 351 Ibid., p. 160. 352 For more information, see: http://eiti.org/extractive-industries-transparencyinitiative-0 353 Maria Kristjansdottir, “Better Health and Safety f or Suppliers: A Partnership Project Between Volkswagen, ILO & GTZ,” United Nations Glob al Compact and United Nations Human Rights: Office of the High Commissioner for Human Rights, Embedding Human Rights in Business Practice II United Nations Global Compact Office, 2007, pp. 1 69-172, http://www.unglobalcompact.org/docs/news_events/8.1 /EHRBPII_Final.pdf (accessed December 12, 2013). 354 Ibid., pp. 167-168. 355 Ibid. 356 Ibid., p. 169. 357 Ibid., pp. 167-174. 358 Ibid., p. 169. 359 Ibid., p. 172. 360 Bianca Wilson, “Human Rights in the Supply Chain: The Telenor Group’s Approach to Supply Chain Sustainability,” United Nations Global Compact and United Nations Human Rights: Office of the High Commissioner for Human Rights, Embedding Human Rights in Business Practice IV United Nations Global Compact Office, 2013, p. 27 http://www.unglobalcompact.org/docs/issues_doc/huma n_rights/Resources/EHRBIV.pdf (accessed December 12, 2013). 361 Ibid., p. 26. 362 Ibid., p. 28.

PAGE 129

123 363 Ibid., p. 27. 364 Ibid., pp. 27-28. 365 Combatting Child Labour Through Education, Telenor Group, http://www.telenor.com/en/corporate-responsibility/ initiatives-worldwide/combating-childlabour-through-education cited in footnote 9 by Bianca Wilson, “Human Righ ts in the Supply Chain: The Telenor Group’s Approach to Supply Chai n Sustainability,” United Nations Global Compact and United Nations Human Rights: Office of the High Commissioner for Human Rights, Embedding Human Rights in Business Practice IV United Nations Global Compact Office, 2013, p. 28, http://www.unglobalcompact.org/docs/issues_doc/huma n_rights/Resources/EHRBIV.pdf (accessed December 12, 2013). 366 Bianca Wilson, “Human Rights in the Supply Chain: The Telenor Group’s Approach to Supply Chain Sustainability,” United Nations Global Compact and United Nations Human Rights: Office of the High Commissioner for Human Rights, Embedding Human Rights in Business Practice IV United Nations Global Compact Office, 2013, p. 32 http://www.unglobalcompact.org/docs/issues_doc/huma n_rights/Resources/EHRBIV.pdf (accessed December 12, 2013). 367 Ibid. 368 Ivana Schellongova, “FSI Worldwide: Ethical Recru itment to Prevent Trafficking and Exploitation,” United Nations Global Compact and Un ited Nations Human Rights: Office of the High Commissioner for Human Rights, Embedding Human Rights in Business Practice IV United Nations Global Compact Office, 2013, p. 67, http://www.unglobalcompact.org/docs/issues_doc/huma n_rights/Resources/EHRBIV.pdf (accessed December 12, 2013). 369 FSI’s Code of Ethics, http://www.fsi-worldwide.com/about-us/fsi-code-of-e thics cited in footnote 22 by Ivana Schellongova, “FSI Wo rldwide: Ethical Recruitment to Prevent Trafficking and Exploitation,” United Nations Globa l Compact and United Nations Human Rights: Office of the High Commissioner for Human Rights, Embedding Human Rights in Business Practice IV United Nations Global Compact Office, 2013, p. 70 http://www.unglobalcompact.org/docs/issues_doc/huma n_rights/Resources/EHRBIV.pdf (accessed December 12, 2013). 370 FSI SOP G1/0001, first version written January 10, 2006, latest version January 11, 2011, cited in endnote 27 by Ivana Schellongova, “FSI Wor ldwide: Ethical Recruitment to Prevent Trafficking and Exploitation,” United Nations Globa l Compact and United Nations Human Rights: Office of the High Commissioner for Human Rights, Embedding Human Rights in Business Practice IV United Nations Global Compact Office, 2013, p. 70 http://www.unglobalcompact.org/docs/issues_doc/huma n_rights/Resources/EHRBIV.pdf (accessed December 12, 2013).

PAGE 130

124 371 Ivana Schellongova, “FSI Worldwide: Ethical Recru itment to Prevent Trafficking and Exploitation,” United Nations Global Compact and Un ited Nations Human Rights: Office of the High Commissioner for Human Rights, Embedding Human Rights in Business Practice IV United Nations Global Compact Office, 2013, p. 71, http://www.unglobalcompact.org/docs/issues_doc/huma n_rights/Resources/EHRBIV.pdf (accessed December 12, 2013). 372 Ibid. 373 Lauren Kurtz, “Investing in Human Rights: ASN Ban k’s Approach to Socially Responsible Banking,” United Nations Global Compact and United Nations Human Rights: Office of the High Commissioner for Human Rights, Embedding Human Rights in Business Practice III United Nations Global Compact Office, 2009, p. 51, http://www.unglobalcompact.org/docs/issues_doc/huma n_rights/Resources/EHRBIII.pdf (accessed December 12, 2013). 374 Ibid., p. 48. 375 Ibid., p. 49. 376 Ibid. 377 Jonathan Hanks, “Understanding the Implications of the Global Compact Human Rights Principles for Petrochemical Investment Activities in Developing Countries: A Case Study of Sasol,” United Nations Global Compact and United Na tions Human Rights: Office of the High Commissioner for Human Rights, Embedding Human Rights in Business Practice II United Nations Global Compact Office, 2007, pp. 48-63, http://www.unglobalcompact.org/docs/news_events/8.1 /EHRBPII_Final.pdf (accessed August 28, 2013). 378 United Nations Global Compact, “Global Corporate S ustainability Report 2013,” United Nations Global Compact, p. 6, http://www.unglobalcompact.org/docs/about_the_gc/Gl obal_Corporate_Sustainability_Report20 13.pdf (accessed February 1, 2014). 379 Ibid., p. 15. 380 Ibid. 381 Jette Steen Knudsen, “Which Companies Benefit Most from UN Global Compact Membership?” The European Business Review, 2014, http://www.europeanbusinessreview.com/?p=5280 (accessed February 26, 2014). 382 United Nations Global Compact, “UN Global Compact Expels 107 Companies in Second Half of 2013,” January 7, 2014, United Nations Glob al Compact, http://unglobalcompact.org/news/761-01-07-2014 (accessed February 26, 2014).

PAGE 131

125 383 Uzma Hamid and Oliver Johner, “The United Nations Global Compact Communication on Progress Policy: Origins, Trends and Challenges,” in The United Nations Global Compact: Achievements, Trends and Challenges edited by Andreas Rasche and Georg Kell (Cambridg e, United Kingdom: Cambridge University Press, 2010), pp. 271-272. 384 Ibid., p. 279. 385 Ibid., p. 271. 386 Ibid., p. 275. 387 Jette Steen Knudsen, “Company Delistings from the UN Global Compact: Limited Business Demand or Domestic Governance Failure?” Journal of Business Ethics 103 (2011): 331-349, DOI: 10.1007/s10551-011-0875-0 (accessed February 26, 2014). 388 Ibid., 336. 389 Ibid., 342. 390 Jette Steen Knudsen, “Which Companies Benefit Most from UN Global Compact Membership?” The European Business Review, 2014, http://www.europeanbusinessreview.com/?p=5280 (accessed February 26, 2014). 391 United Nations Global Compact, “United Nations Glo bal Compact Annual Review 2008,” United Nations Global Compact Office, p. 8, http://www.unglobalcompact.org/docs/news_events/9.1 _news_archives/2009_04_08/GC_2008A R_FINAL.pdf (accessed February 28, 2014). 392 See: http://unglobalcompact.org/COP/index.html 393 United Nations Global Compact, “Global Corporate S ustainability Report 2013,” United Nations Global Compact, p. 17, http://www.unglobalcompact.org/docs/about_the_gc/Gl obal_Corporate_Sustainability_Report20 13.pdf (accessed February 1, 2014). 394 United Nations Global Compact, “UN Global Compact Expels 107 Companies in Second Half of 2013,” January 7, 2014, United Nations Glob al Compact, http://unglobalcompact.org/news/761-01-07-2014 (accessed February 26, 2014). 395 Ibid. 396 Sean Murphy, “Taking Multinational Corporate Codes of Conduct to the Next Level,” Columbia Journal of Transnational Law 43 (January 2005): 389, 425, quoted in Surya Deva, “Global Compact: A Critique of the UN’s ‘Pub lic-Private’ Partnership for Promoting

PAGE 132

126 Corporate Citizenship,” Syracuse Journal of International Law and Communica tion 34 (2006): 107-151, http://0search.ebscohost.com.skyline.ucdenver.edu/login.asp x?direct=true&db=buh&AN=24840710 (accessed August 20, 2013). nAndreas Rasche, “ ‘A Necessary Supplement’-What the United Nations Global Compact Is (and Is Not),” in Corporate Social and Human Rights Responsibilities: Global Legal and Management Perspectives edited by Karin Buhmann, Lynn Roseberry, and Mett e Morsing (New York, New York: Palgrave Macmillan, 2011), p. 65. 398 Ibid., p. 64-65. 399 Ibid., p. 64. 400 Oxfam International (2003), White Paper on Globali zation, http://www.oxfam.org.uk/what_we_do/issues/trade/glo balisation.htm quoted in Ronen Shamir, “Between Self-Regulation and the Alien Tort Claims Act: On the Contested Concept of Corporate Social Responsibility,” Law and Society Review 38, no. 4 (2004): 648, http://0www.jstor.org.skyline.ucdenver.edu/stable/1555086 (accessed November 10, 2013). 401 Florian Wettstein, “Human Rights as Ethical Impera tives for Business: The UN Global Compact’s Human Rights Principles,” in Globally Responsible Leadership: Managing According to the UN Global Compact edited by Joanne T. Lawrence and Paul W. Beamish (Thousand Oaks, California: SAGE Publications, 201 3), pp. 81-82. 402 Kavaljit Singh, “Voluntary Codes of Conduct Will N ot Make Corporations More Accountable,” in Corporate Social and Human Rights Responsibilities: Global Legal and Management Perspectives edited by Karin Buhmann, Lynn Roseberry and Mette Morsing (New York, New York: Palgrave Macmillan, 2011), pp. 163 -173. 403 Andreas Rasche, “ ‘A Necessary Supplement’-What th e United Nations Global Compact Is (and Is Not),” in Corporate Social and Human Rights Responsibilities: Global Legal and Management Perspectives edited by Karin Buhmann, Lynn Roseberry, and Mett e Morsing (New York, New York: Palgrave Macmillan, 2011), pp. 5276. 404 S. Prakash Sethi and Donald H. Schepers, “United N ations Global Compact: An Assessment of Ten Years of Progress, Achievements, and Shortfa lls,” in Globalization and Self-Regulation: The Crucial Role That Corporate Codes of Conduct Pl ay in Global Business edited by S. Prakash Sethi (New York, New York: Palgrave Macmil lan, 2011), p. 272. 405 Uzma Hamid and Oliver Johner, “The United Nations Global Compact Communication on Progress Policy: Origins, Trends and Challenges,” in The United Nations Global Compact: Achievements, Trends and Challenges edited by Andreas Rasche and Georg Kell (Cambridg e, United Kingdom: Cambridge University Press, 2010), pp. 267-268.

PAGE 133

127 406 Ibid., p. 269. 407 Andreas Rasche, “ ‘A Necessary Supplement’-What th e United Nations Global Compact Is (and Is Not),” in Corporate Social and Human Rights Responsibilities: Global Legal and Management Perspectives edited by Karin Buhmann, Lynn Roseberry, and Mett e Morsing (New York, New York: Palgrave Macmillan, 2011), pp. 7475. 408 Ibid., p. 76. 409 Guido Palazzo and Andreas Georg Scherer, “The Unit ed Nations Global Compact as a Learning Approach,” in The United Nations Global Compact: Achievements, T rends and Challenges edited by Andreas Rasche and Georg Kell (Cambridg e, United Kingdom: Cambridge University Press, 2010), p. 239.