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Philip Nauwelaerts

The application of human rights in oppressive/dictatorial countries and its consequences for investment policies. Philip Nauwelaerts. Globalization since 1989 1989 Glasnost / Tienanmen Global Company Investment New responsibilities ILO UDHR. Bedrijven en mensenrechten.

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Philip Nauwelaerts

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  1. Theapplication of human rights in oppressive/dictatorial countries and its consequences for investment policies Philip Nauwelaerts

  2. Globalization since 1989 • 1989 Glasnost / Tienanmen • Global Company Investment • New responsibilities • ILO • UDHR Bedrijven en mensenrechten

  3. Oil and land rights in Peru - Amazonian Indians block roads - Petroperu shut pipeline (40.000 barrels each day) - Armed police to clear the road and retake pumping station at Bagua - Police killed by Indians armed with spears and machetes - more than 40 Indians killed - President Alan Garcia: Venezuela and Bolivia behind the violence Some examples

  4. Government produced 99 decrees to speed the implementation of a free-trade agreement with the US. • Government measures intended to allow the development of “unproductive” land in the jungle • Also PERENCO, an Anglo-French oil company, plans to invest up to $ 2 billion, but overlaps a proposed reserve for an Indian tribe

  5. Some 330.000 Indians are concerned Peru has a long tradition of conflicts between foreign mining and oil companies against local population. Violent conflict was necessary to resolve the problems UN Declaration on Indigenous Peoples, voted by Peru, guarantee for control over their traditional land and resources

  6. Shell in Nigeria - June 8th,2009 Shell will pay $ 15.5 million - Shell denies any wrongdoing - oil spills still untended making agriculture impossible - Nigeria more violent now than it was back in the 1990s

  7. Court battles also possibleinvoking the “Alien Tort Act” of the US (intended to counter piracy / 1789) Most lawsuits against big companies settled out of court, setting no clear precedents Pfizer arranging payout of $ 75 million (meningitis)

  8. D.R. of Congo - some 80 companies on a UN list for corruption or illegal exploitation of natural ressources - payments are not transparant - international protest: many companies left, leaving not necessarily the best - 4-5 million people died due directly or indirectly to conflicts in Congo

  9. Google: censored in China MSN: expelled Zhao Jing from its MSN spaces website on demand of China Yahoo: Shi Tao was betrayed and put in jail for ten years

  10. Responsibility in the first place with governments, but what if they fail? Human rights as a competitive disadvantage? Need for simple rules instead of a code of conduct UN Human Rights Norms for Business (2003) Rejection by “failed states” and companies No coalition of the willing, but code of conduct Accountability for companies

  11. Adopted by the UN subcommission for human rights in 2003 and later stopped by the Commission Report of the Special representative of the Secretary General “Business and Human Rights” April 22th, 2009 State duty to protect State not responsible for corporate-related human rights abuse; but they can try to prevent or punish Extraterritorial dimension: unsettled in international law Strong policy reasons for home States to encourage their companies to respect rights abroad – especially when State itself is involved UN Norms for Business

  12. Every company has its own (glossy) code Coordinated codes per economic sector or industry are more effective with their broader support, e.g. 1. Voluntary Principles on Security and Human Rights for the Extractive Sector 2. Kimberley Process UN Global Compact Code of conduct

  13. National Contact Points European Union an CSR Where are the initiatives? EU Commission versus EU Parliament OECD Guidelines for Multinational Enterprises

  14. NGOs have proposed guidelines “Publish What You Pay” campaign Irene Khan Companies have supported international law when investments had to be protected and should support transforming the Global Compact from voluntary to binding standards Cooperation between companies and NGOs is improving but still far from perfect Role of NGOs

  15. Voluntarism is not enough code of conduct as a supplement in addition to norms Companies prefer simple and clear rules. Why not for human rights? Are failed states and companies “partners in crime” against more regulation? Conclusion

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