Business and human rights: mind the gap

Is there some risk that the current greater attention to the human rights responsibilities of business misses the mark?

Last week here in Oxford I chaired a session at a 1-day meeting on the evolving normative framework on the place of transnational corporations and other business enterprises in international human rights law.

I put aside here all the debates about the form and pace at which further international legalisation might occur in this area.

Instead I return, at risk of repetition, to a steady refrain of this blog.

This is the argument that society is justified in narrowing the 'governance gap', that is in seeking to make the social responsibilities of business actors commensurate with their levels of influence. But it should avoid doing so in ways that tend to obscure the principle that governments are and should be the primary duty-holders. In human rights terms, it is tolerably clear that whatever the responsibilities of non-state actors, the state has certain duties to protect, respect and fulfill human rights -- including by regulating the activities of business actors that have an impact on those rights.

This is a cousin of the argument, also typical of past posts (here), that the current attention to the private sector's role in helping meet sustainable development goals is welcome and/or inevitable, but should not result in shifting the burden from states.

How did last week's meeting prompt this return to something noted in recent posts (see for instance here)?

It seemed to me that some participants at the meeting had lost a certain perspective on the source and nature of the bulk of unfulfilled or violated human rights in the world. At some points some participants painted corporations as responsible for the bulk of unmet needs and abused rights in the world. Now there is undoubtedly a serious mismatch between companies influence and their degree of accountability and responsibility, but they hardly account for the most serious human rights abuses evident in the world today, and are to my mind certainly not obviously responsible for public goods that might fulfill human rights.

Participants' desire to find ways to close the governance gap cannot be faulted, but I wonder if we're seeing something else happening in recent years. In the field I work in, 'business and human rights' has become far more topical, attracting funding for advocacy and capacity-building programmes. This is welcome, especially considering that the issue had been under-scrutinised.

Yet even if one considers 'human rights' to involve the full range of social and economic rights (such as a right to education) and not just civil and political ones (such as a right to freedom of speech), and even if one acknowledges the huge influence that business entities have in the world and on the shape of its governance, this does not alter the facts. The great bulk of the aggregate of abused or unfulfilled rights in the modern world result from the acts or omissions of states -- including the omission to regulate abuses from non-state sources such as corporations.

To focus advocacy campaigns on what business should be doing to protect human rights is a justifiable strategic decision for a rights advocacy group. It is after all an area I work on myself. It suffers from widespread lack of awareness on the part of governments, businesses, victims. Yet more than once in recent months I've had the sense that the human rights movement has found a new issue and, frustrated with the intransigence or incapacity of governments, might pursue the wrong point in its growing focus on business and human rights.

The main point is the duties of states, not the responsibilities of corporations. To argue otherwise is ironically to afford business actors far more significance and legitimacy than makes sense for those trying to narrow the 'governance gap.'

Jo

Compliance fatigue and sustaining sustainability

Is the proliferation of disclosure and reporting schemes capable of undermining efforts for more sustainable, responsible business?

Now, it is very hard to refute the merits of the 'disclosure revolution' on environmental, social, and governance (ESG) issues that has come in recent times at least to major Western listed firms.

The merits are fairly obvious. The more we and the market know, the better we can ascribe meaning to a firm's value proposition. The more a firm knows about its own ESG impact (through committing itself to data collection, analysis and disclosure), the better it can address potential disruptions and problems in its operations or supply-chain. Do well while doing good, etc.

The same goes for the proliferation of voluntary, hybrid or other multi-stakeholder, quasi-regulatory schemes for addressing issues ranging from a firm's impact on local insecurity to transparency around revenues paid to host governments.

In this light, the recent announcement by Unilever of a new human rights reporting and assurance framework is good news, and consistent with the due diligence elements of the UN 2011 Guiding Principles on Business and Human Rights.

One would hardly want to curb the energy and enthusiasm evident around institutionalising the responsible business agenda within corporate systems and cultures. Yet it was that announcement that prompts this week's post. Because there seem to be so many schemes and initiatives and regulations and conferences that I imagine the landscape now is becoming somewhat bewildering even to a well-meaning executive within a major publicly-listed firm.

(A related issue is the proliferation of single-issue charity, aid and advocacy groups: that industry now talks about engaging with business but might require some rather hard-headed business strategies to reduce the over-heads and donor fatigue associated with organisational proliferation, and focus instead on delivering social value 'at scale'. But hush -- the same could be said of proliferating blogs...!).

I cannot put a finger on it, but do think there's an issue with this flowering of schemes and initiatives, in terms of strategic considerations relevant to the business sustainability / responsibility agenda, such as the resources and attention-span and goodwill of corporate decision-makers.

Instead of carrying on further, I refer to a post from pre-Christmas 2012 (here), on proliferation and fatigue related to the many initiatives on responsible and sustainable business.

See too this recent piece in The Gaurdian on how over 2,500 different metrics are in use for measuring and reporting supply chain sustainability.

It is true that reporting on 'non-financial' issues can serve a commercial and risk-management purpose and is increasingly being incorporated into core business strategies; it is true that leading firms think beyond compliance to how the sustainability agenda can be an opportunity to create both social and commercial value; it is true that there is a counter-trend to this proliferation, where broader concepts such as 'materiality' are being deployed rather than  endless multi-indicator checklists and indices. It is true that the field is evolving and emerging, and this flowering of schemes and requirements may settle into something more sustainable and manageable without becoming complacent or quieted.

Yet this proliferation phenomenon is relevant (or is perceived as relevant) to compliance burden and cost, and so to the competitiveness of responsible business and finance (see here, a past post on regulation and values amid perceived strategic competition for access to markets and resources).

Now I believe there is no necessary trade-off between being responsible and being competitive when investing in developing regions. Indeed in time one might only be competitive through being responsible (and being seen that way).

Nevertheless the perception remains in those places inside firms and funds where it matters.

Those interested in promoting sustainable and socially responsible business practices ought to reflect more, I think, on whether the proliferation of schemes and reporting processes is confusing 'the means' with 'the ends' in ways that do not advance the end goals. 

Jo

See too this past post reflecting on who the audience is for corporate sustainability communications.

'Business for Peace'

What drives current expectations that the private sector will play a more direct role in ensuring more peaceful societies?

This week's UN Global Compact 'Business for Peace' event in Istanbul is part of a growing field, as it were.

This field is dedicated to exploring the unrealised potential for business entities, communities and actors to contribute appropriately -- in more explicit, direct or deliberate ways -- to conflict prevention, mitigation or resolution in particular situations or more generally, and especially in fragile or divided societies.

This is the topic of my forthcoming book Regulating Business for Peace by Cambridge Univ. Press. There is a big, complex and evolving research and policy agenda here. There are plenty of ways into the debate, too, from practically-minded policy prescriptions on how businesses (and their financiers, insurers, etc) can be more conflict-sensitive in their operations and supply-chains, to understanding what incentives might help to promote responsible but competitive investment in fragile states.

These issues are topical, and highly relevant in much of sub-Saharan Africa. I could blog on, book and beyond, but instead think one observation is important. Much of the 'Business for Peace' / business and peace / business and conflict debate focuses on what business actors should do more or less of or do differently, and under what circumstances. To my mind this partly misses the issue.

This focus on business responsibilities or opportunities to help promote or consolidate peace is driven by various things, and is part of a wider shift in the expectations of business in society. In large part it is driven by recognition that more can be drawn out of the peace-relevant influence, incentives, impacts and attributes of the private sector; in some ways it is driven by business leaders' own sense of the need for the private sector to be more proactive in ensuring the sorts of peaceful, prosperous societies conducive to sustainable growth.

Yet what can be lost in this focus, and at events such as Istanbul, is that the proper way to frame this issue is not 'what can business do for peace and how' but surely 'what must public policy do to maximise the scope for business to contribute to peace'.

This is really reiterating an earlier post this year: here. It also is a theme of other posts that reflect on how business has gone from being an ignored stakeholder in the development agenda, to a presumed panacea for developmental problems.

To express caution on taking 'business for peace' too far is not to deny the scope for business actors to do more to mitigate conflict risk and maximise social cohesion. It is not to bring everything back to policy or make any worthwhile initiative contingent on government action.

Instead it is to recognise that the greater focus on the role of business is no substitute for recognition that business has limited scope, incentives, legitimacy (etc) for peace-building. The growing enthusiasm for realising business's unmet peace-building potential should thus not obscure that the primary question is a public policy one; the primary responsibilities rest with governments; any failure by business to contribute more positively (or less negatively) to peace is ultimately a public policy failure.

Jo 

Sustaining sustainability: bottom lines, full circles

'Can we expect corporations to solve global problems?'

This fortnight's post relates to a panel with this title that I attended at this week's 'Global Horizons' conference hosted by Oxford Analytica.*

As they say, 'one had to be there' ... not surprisingly the panel covered a lot of ground, some of it requiring fundamental questions about the real or ideal nature of society, its well-being, and its governance. And 'how', 'why' and 'in what direction' those issues and expectations may be shifting.

The combination of Africa's serious developmental / governmental deficits and investment interest in its contemporary growth story make it a primary forum for exploring these questions (or at any rate I think so -- hence this blog!).

So anyway this post is not a report, nor attempts really to address the question (or how it was framed). It only reflects on two of the various things that struck me on the panel. These relate to the 'who' issues around sustaining sustainability.

Who: firms

First is how so many debates on business and society or corporate responsibility or the public-private divide are approached in a very limited and limiting way, by reference to 'the private sector' only as large, listed, branded Western multinational business corporations.

This is a very narrow perspective. Effective analysis of and strategies for sustainable and responsible business cannot be lazy. They must consider how incentives, inclinations and other factors vary considerably depending on sector, nationality, size, corporate form, etc. There is no one 'private sector'. Someone raised this with the panel, thankfully; it is something of a bugbear of mine, noted indeed in the very first post of this blog (2011).

Who: governments

Second, the panel question did not mention government but implicitly of course it is not asking 'what can / should corporations do about global problems', it is asking 'what can/should they do relative to governments' (or indeed relative to people acting as [free] agents, consumers and citizens in society without waiting for either governmental or business actions).

Many commentators on this topic perhaps understandably focus on what business should do and not do. True, much of what matters and can be done in sustainability terms does not require or need to wait for government. Yet there are still too many debates one goes to side-step the question of government, the governance of responsibility, the division of roles on promoting sustainability.

The panel did not (like this blog) have an Africa focus. Africa was covered in other discussion groups, on the theme of its rising consumers. Notionally, such market forces -- not state regulation -- are or will be the most sustainable drivers of business sustainability and corporate responsibility. Yet there is a risk here: trends in this area, combined with new expectations that business will directly contribute to the development agenda, are good for articulating the nature of corporations' responsibilities or abilities, but can tend in the process to obscure those of government.

Policies and politics can be a big part of the 'global problems' we're talking about. These debates tend to focus on corporate responsibility whereas inherent in the issue is delineating that by reference to the relative spheres of responsibility and action belonging to governments. (We should also ask how influence across business-government lines can shape where those lines are drawn and in whose favour).

In Africa at least, this focus on government's duties and the governance of responsibility is as important as being pragmatic and imaginative about unexplored roles for business to improve the provision and protection of public goods (see this recent post, here). Moreover, we must acknowledge how much harder it is to get business, government and civil society working together on 'global problems': it is not just a case of saying 'only connect' (I ranted about this point here).

If the optimists' case proves true (enviro, social and governance issues become fundamental business principles fully integrated into valuation and value-definition) then with a redefined 'bottom line' we will have come full circle to Milton Friedman's controversial thesis that the social responsibility of business is simply to continue to succeed.

The focus would then again be more balanced on the responsibilities of governments and indeed consumers-citizens: expecting corporations not to deepen global problems, supporting enterprising ways to solve those problems, but understanding that these are too big and complex for any one arm of society to solve alone.

Jo

ps - The panel also dwelt on how the question of business responsibility for public goods is increasingly inseparable from debates about proper forms and levels of taxation. I mention this just to free-kick an earlier post on this issue in Africa: here.

* Oxford Analytica was my previous employer.

Business and Africa's development: an agenda

Pre-Autumn Oxford, and this week a new grad student moved in next door. So this post gets nerdy on the nexus of responsible business and responsive government in African societies.

The topic is big, but if this blog's themes were translated into a research agenda, what might be some principal questions?

I try below to list 10 hypothetical thesis research topics. They are not the 10 biggest questions around 'Africa Rising' generally. Partly this reflects an implicit call on what issues relate to a public role for the private sector, and which are firmly matters for government only: this blog is not about public policy in general. Many of the issues affecting Africa's trajectory are global ones even if they have important localised impacts, from climate change to negotiations on trade barriers.

Instead the list is an exercise in indulgence were I to be one of these new post-grads choosing a topic.

You will notice that some of them are essentially diagnostic: where are we now? There's a reason for that. Working on medium- and longer-term upside scenarios for Africa's unlocked potential -- generally or by sector -- is very interesting work. There is quite a bit of it, and every few months more glossy reports. Yet the trick to such projections is basing them in accurate stock of where things are now. The paucity or unreliability of data make this no easy task -- as Morten Jerven has continued to show.

Taking stock, deciding baselines, and building scenarios requires, of course, asking the right questions. So does the task of imagining the 'upside' -- what does it comprise, what does it mean to conceptualise steady growth that is inclusive and sustainable?

Well, here are 10 topics. They are not necessarily in order of priority. They are framed brief and broad as research questions, albeit ones with a degree of abstraction (macro-level) and with a heavy policy rather than academic or conceptual dimension.

1. 'Inclusive growth': What is in fact happening to income inequality in the region's major economies -- is there any role for business on this issue in fast-changing markets, or is its social responsibility only to grow? More generally, how can tax system design in African conditions best balance private sector incentives with public goods imperatives, and how do we institutionalise appropriate public-private dialogue on tax issues?

2. 'Africapitalism': Is there any evidence of an emerging identifiable 'African' model of private enterprise with smoother edges in terms of sustainability and social + environmental impact, a model consistent with prevailing political ideas of the developmental state ... or is 'Africapitalism' just a neat phrase with no real content, in economies whose structural patterns are well entrenched?

3. 'Business and development': Policymakers valorise small and medium enterprises, but what do we really know about their impact on job-creation and poverty-reduction in Africa? Assuming we know this, what can realistically be done about financing, regulatory and other obstacles to local business creation and continuation on the continent -- how can donors, lenders and big business help?

4. 'Business for development': Related to 3, in what ways can systematically engaging bigger business in the sustainable development and inclusive growth agenda help, including by linking informal or smaller-scale actors into bigger value-chains? Why is this proving so hard? Where has rhetoric on private sector engagement yielded significant results capable of sustaining replicable models?

5. 'Innovation: nothing new?': Mobiles (and related platforms) have had a significant impact in Africa, including in ways that address or leapfrog altogether some stubborn development bottlenecks. This continues to spurn a lot of hype about Africa's 'digital lions' and the transformative potential of the internet in African economies. Yet what evidence is there about links between private consumption or public investment in / of ICTs and significant change in core areas of the economy such as agriculture? How might the internet/digital/knowledge economy prove truly transformative? Or is the current donor buzzing around innovation and ICT only going to prove a distraction from education and skills issues and from addressing some basic infrastructural, policy and regulatory barriers to growth in traditional sectors?

6. 'New investors': What evidence is there that Chinese and other investors have an inferior social or environmental footprint in Africa relative to other (Western) firms? On the basis of this, what scope still exists to shape 'new' investors' approaches in ways that promote ideals around sustainability, good governance and human rights?

7. 'Future-proofing cities': In what ways are business and governments (including sub-national governments) working together to address service-provision and other shared issues in Africa's more significant fast-growing urban areas? What can be done to scale-up some of these initiatives, and how do they relate to broader national and donor development strategies, including in terms of being coherent with rural development issues?

8. 'Public-private partnerships': What pro-development role do PPPs really have to play, what is their record of success, why is there reluctance on either side, what could be done to ensure they meet the potential often attributed to them? In particular, recent high-level summits have called for innovative public-private financing mechanisms to 'share risks while maximising financial returns alongside development impact' (a tall order ...): what models work / might work, what can be done to ensure they're taken up especially for public infrastructure funding?

9. 'Farming fundamentals': Perhaps I am biased, but it seems to me the focus on Africa's urban consumer classes, youth demographic, urban labour surplus, manufacturing potential (etc) is still wide of the main mark. That mark is agriculture, and related value-adding services and industries. What does the last decade really tell us about the scope for private investment in these (very diverse) sectors to have significant developmental impact, in particular through bringing in smallholders?

10. 'Fragility and prosperity': in what specific ways does donor and government policy towards private sector development or engagement require adaptation for countries and areas affected by fragility, conflict and violence? How do we attract reputable firms to risky places? Does major investment necessarily increase human security in fragile regions, where might it have had the opposite effect?

There are any number of other questions and re-framing of the listed ones. There it is. The potential and problems relating to Africa's women and girls mean that the listed things could benefit from a gender dimension.

Responsible policymakers and investors would be asking essentially the same questions about the nature of the continent's growth path: one question underlying all those on the list is how to foster responsibility and attention to longer-term horizons within government and business. That challenge is hardly unique to Africa.

Jo