corporate accountability in asean. presented by ashley pritchard of fns-myanmar
TRANSCRIPT
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7/27/2019 Corporate Accountability in ASEAN. Presented by Ashley Pritchard of FNS-Myanmar
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CorporateAccountability
in ASEAN
Ms. Ashley Pritchard11 October 2013
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Defining CorporateAccountability and CSR
CorporateSocial
Responsibility: Belief:
Corporationshaveresponsibilities
beyondgenerating profitfor theirshareholders
Voluntary &Unregulated
CorporateAccountability:
Confrontational& Enforceable
Corporatebehavior
influenced bypressure exertedby social andgovernmentalactors
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ICERD
ICCPR
ICESCR
CEDAW
CAT
CRC
CMW
CPD
ICCPED
Brunei
DarussalamCambodia
Indonesia
Laos
MalaysiaMyanmar
Philippines
Singapore
Thailand
Vietnam
Disparities in ASEAN HumanRights Instruments
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Some industries are not suitable tobe located in Thailand. That is why
they decided to set up there in Dawei.
- Former Thai Prime Minister Abhisit Vejjajivaon Dawei Deep Seaport project
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Right to an Effective Remedy
Economic and Social Rights
Civil and Political Rights
Right to Security of the Person
Human Rights Violations fromExtractive Industries in ASEAN
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Environmental harm causes furtherHuman Rights violations
Access to natural resources are central to livelihoods ofmajority of rural population in ASEAN
Extractive Industries pollute water, cause deforestation,animal , fish and human depletion, leading to more serious
human rights violations
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Resource Curse in ASEAN?
Resource Curse: Paradox that countries and regionswith an abundance of natural resources, tend to haveless economic growth and worse development
outcomes than countries with fewer natural resources
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Gems
Oil and Gas
Timber
Hydro and Energy
Mining
Rubber and Palm
Where MachinesMade to ExtractEverything Come
From
Extracting in
ASEAN
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2012 Exports: Laos
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2012 Exports: Indonesia
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2012 Exports: Brunei Darussalam
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2012 Exports: Myanmar
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Timeline of Domestic Reform
2012
March 2012: Passed LaborOrganization Law. Signed
agreement with ILO onEradication of Forced Labor
March 2013: Myanmarpasses new foreign direct
investment law.
March 2012: EnactedFarmland Law andVacant, Fallow and
Virgin Lands
Management Law.
November 2012: Passedthe Foreign InvestmentLaw
July 2012:Announcement of plans
to later adopt EITI
May 2013: Myanmar
receives worst rankingin world for RevenueWatch Institute (RWI)
2013
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International Developments
2012
April 2012: EU suspendsmost sanctions, keeping arms
embargo
April 2013: EU
permanently lifts trade,economic and individualsanctions on Myanmar in
response to politicalreforms
July 2012: U.S. easessanctions allowing
U.S. companies toinvest and provide
financial services.
May 2013: U.S. released
Burma ResponsibleInvestment ReportingRequirements and issuedJoint Statement on Good
Governance and
Transparency in theEnergy Sector
November 2012: U.S.allows import of any
product of Myanmar except jadeite + rubies
June 2013: ILO lifted all
remaining restrictionson Myanmar
2013
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But is it REALLY Reform?
1. Who are these laws actually protecting?2. Recent and ongoing Business and Human Rights
Cases: Shwe gas pipeline Dawei Special Economic Zone Myitsone Dam Monywa Copper Mine
3. May 2013 Revenue Watch Initiative Report
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Why CSR Is Not Enough
TVIRD, a Canadian mining company, states on itswebsite that the company is committed toexploration and mining practices that promotetransparency, responsible stewardship of theenvironment, and the inalienable rights to life,
dignity, and sustainable development in its hostcommunities.
Siam Commercial Banks CSR Policy states that it will
abide by environmental laws and regulations,implement effective safety and environmentalmanagement measures to prevent negative impacts onlocal communities, and promote employees awarenessof and concern for the environment.
C A b l
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Corporate AccountabilitySuccess Stories
ANY CHART THATSHOWSPROGRESSION FROM
CORPORATERESPONSIBILITY TOACCOUNTABILITY?!?!
Advocacy against Nestl'sformula milk for infantsestablished the WHOs
global infant formulamarketing standards
In 2003, the WHOenacted a global tobacco
treaty known as the
FCTC
I i l I i l V l
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International OrganizationalMechanisms
ILO
UN
Special Rapporteur
InternationalOrganizationalMechanisms:
ILO, UN and SR
InternationalOrganizational
Mechanisms
International VoluntaryMechanisms
InternationalStandards and Norms
United Nations International Labour
Organisation Special Rapporteur
Ruggie Framework Declarations
Global Compact OECD Guidelines ISO 26000 Forest Stewardship Council Extractives Industry
Transparency Initiative (EITI) Hydropower Sustainability
Assessment Protocol (HSAP)
Civil Society
Watchdog Reporting Mechanisms Corporate Hall of Shame Public Protests, News
Articles, Gatherings andPeaceful Sit-ins
TOOLS
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Myanmar, For Your Consideration
1. Ratify Existing International Law and Treaties
2. Acknowledge the states existing duty to protect andpromote human rights and adopt a human-rights basedapproach within State jurisdiction
3. Ensure a reporting and remedy system to seek justice
for violations4. Ensure clear communication and advocacy of human
rights law
5. Ensure that BIT, FTA and other forms of investment
policy are drafted to reinforce - not underminenational laws and policies on Human Rights protection
6. Move away from CSR towards CAby:1. Establishing an extractive industries accountability mechanism
2. Mandate FPIC on extractive or environmentally disruptiveprojects
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For Business in Myanmar1. Before entering Myanmarbusinesses should have inplace well-articulated safeguards
2. Respect human rights at all times, including when theState fails to uphold its human rights obligations, and actto reinforce good governance rather than undermine it
3. Commit to Corporate Accountability through a publiclyavailable policy
4. Ensure access to independent grievance and redressmechanisms
5. Respond to inquiries of CA and abuse
6. Train and motivate staff on Human Rights
7. Commit to consultative processes, participatorydevelopment planning and stakeholder engagement
(Move beyond FPIC)
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Best Business Practices1. Understand the
country andinvestment context
2. Engage credibility andtransparency
3. Manage risks andimpacts responsibly
4. Support nationaldevelopment
5. In instances whereabuse is reported,properly investigate,offering redressmechanisms and workto improve
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Conclusion
Growing momentum to promote investment in Myanmarmust be matched by commitments from states to fulfill their
international legal obligations and from corporations tomeet their responsibility to respect human rights.
John Ruggie and Mary Robinson
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Ms. Ashley Pritchard
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