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• Understanding Wage Issues in the Tea Industry

  Posted: 15 May 2013 11:30:34 GMT

  Wage levels are an issue of concern across the globe as individuals, companies and governments wrestle with how wages paid to workers relate to costs of living, corporate and national competitiveness, profitability and broader macroeconomic trends and challenges.

  This report examines wages in the tea industry with a focus in three case study areas: Malawi, West Java (Indonesia) and Assam (India). It looks at hired labour on plantations and, in particular, tea pluckers. 

  Researchers found a number of deep rooted and complex factors keeping wages low. A key problem is that pay is set for the whole sector - there is no difference in pay from one plantation to the next - and that it is pegged to the legal minimum wage which is often well below the level needed for meet a family's basic needs. Other issues include the huge variation in the quality and take up of 'in-kind' benefits such as childcare or housing and the fact that workers, particularly women who make up the majority of the workforce, have little say in negotiations over pay. 

  

• Fatal fashion: Analysis of recent factory fires in Pakistan and Bangladesh: a call to protect and respect garment workers’ lives

  Posted: 30 Apr 2013 14:49:37 GMT

  The garment industry in both Bangladesh and Pakistan is recognised for paying low wages, demanding and unsafe working conditions, and the repression of unions. Workers are not organised and therefore not in the position to monitor or report freely about safety hazards.
  
  This report describes in detail two recent cases of factory fires that swept through the facilities of clothing manufacturers in Pakistan and Bangladesh clothing manufacturers producing for international brands.  Hundreds of workers were killed in horrendous circumstances, and many others were injured. Sub-standard buildings, poor emergency procedures, inadequate and blocked fire exits, and overcrowded workplaces resulted in an extremely high death toll.
  
  This report demonstrates the urgent need for immediate and structural changes in the practices of government and
  business actors along the garment supply chain, in accordance with the internationally recognized State duty to protect human rights and the corporate responsibility to respect human rights.
  
  To prevent future tragedies and ensure remedy for the victims of the fire, garment factory owners in Bangladesh and Pakistan should, at a minimum:
  

  • ensure expert assessments of factory safety, improve the buildings accordingly, and put safety first
  • change the present management attitude that leads to locking of gates, and keeping production speed at all times, thereby ignoring signs of approaching catastrophes
  • allow genuine workplace representation and recognise the role that trade unions and workplace safety committees can play in upholding safety standards for workers
  • contribute to and ensure full payment of compensation based on grief and loss of income, medical and psychological care, payment of wages (and in case factory closes negotiate severance) and continuance of worker employment
  • develop adequate worker registration systems

  

• EITI and sustainable development: Lessons and new challenges for the Caspian region

  Posted: 22 Mar 2013 14:36:20 GMT

  The Extractive Industries Transparency Initiative (EITI) is sparking renewed interest and debate on issues such as transparency of government – company contracts, reporting on revenues from natural resources by company and by project, and reporting on revenue expenditure. An overarching concern is how to ensure that revenue transparency ultimately leads to better sustainable-development outcomes, including socio-economic development, poverty reduction and environmentally responsible extractive-industry practices.
  
  This discussion paper highlights key issues and new challenges related to EITI implementation, as well as broader issues of transparency and good governance in the extractive industries.  The paper is based on a series of dialogues relating to transparency and good governance in the Caspian Sea Region:
  

  • Azerbaijan – the first country globally to become EITI Compliant
  • Kazakhstan – an EITI Candidate country seeking to become Compliant
    
  • and Turkmenistan – which is not a signatory of EITI but has expressed some interest in learning about the initiative

  Recommendations from the Caspian dialogues include the following:
  

  • provide further strategic, administrative and technical support for disaggregated reporting of payments to governments (e.g. company-by- company and project-by-project)
  • identify current and potential ways in which the EITI process can contribute to accountability and sustainability in host countries and support relevant research on these linkages
  • develop guidance on good practice in sub-national reporting, and support pilot initiatives, such as reporting on public monitoring of community development spending
  • prioritise capacity building as an essential part of the EITI agenda, especially for local government and CSOs at the sub-national level
  • ensure clarity in new rules and procedures, to strengthen minimum requirements and avoid any ambiguity that allows too much flexibility in implementation
  • develop self-evaluation criteria and processes for EITI, such as progress ranking among member countries, based on competitive and motivational indicators
    

  

• Labour rights in Unilever’s supply chain: from compliance to good practice. An Oxfam study of labour issues in Unilever’s Viet Nam operations and supply chain

  Posted: 16 Feb 2013 09:01:09 GMT

  This Oxfam report, based on a case study on Vietnam, assesses the labour standards in Unilever’s operations and wider supply chain and compares the findings with the company's high-level policy commitments. The company co-operated fully with the study, providing access to its staff, operations, data and suppliers. The study focused on issues which are important to workers but difficult for companies to measure and manage: freedom of association and collective bargaining; a living wage; and working hours and contract labour. The report finds that Unilever has made a commitment to social responsibility by adopting the United Nations Guiding Principles (UNGP), but human and labour rights are absent from the Unilever Sustainable Living Plan. The report makes a number of recommendations for Unilever ranging from adjusting policies and business model to deliver better quality jobs for workers to integrating measurable targets for labour rights and job quality to a public reporting process.

• Poor governance, good business: how land investors target countries with weak governance

  Posted: 16 Feb 2013 09:01:05 GMT

  Investors are buying up vast tracks of land across the developing world in a modern day ‘land rush’. This analysis by Oxfam explores where land is changing hands and why. It finds that investors appear to be targeting countries with weak governance in order to secure land quickly and cheaply. It is revealed that over three quarters of the 56 countries where land deals were agreed between 2000 and 2011 scored below average on four key governance indicators. Moreover, in countries where national governments are more accountable to their citizens and where rule of law and control of corruption is strong, local people and communities will have a better chance to have their voices and interests represented in land deals. Oxfam urges the World Bank to announce a temporary freeze on its agricultural investments which involve large scale land acquisition so it can review its advice to developing countries, help set standards for investors and introduce more robust policies to stop land-grabs.

• Applying the concept of human security to research on the consequences of mining-induced displacement and resettlement

  Posted: 01 Feb 2013 12:07:36 GMT

  The development of international mining projects is one of the most visible consequences of globalisation. But developments in the mining industry are the cause of about 10.3 percent of all displacements in the world. This means that more than a million people per year may be resettled as a result of resource extraction in various parts of the globe. Countries displaying the greatest growth rate of this phenomenon include India, China, Ghana, and many other African counties. The most burning issue is the establishment of large open-pit mines in developing countries, such as the Tarkwa Mine in Ghana, and the Tedi and Porgera Mines in Papua Island.
  
  The impact of mining on the dynamics of internal displacements remains a topic rarely analysed research. Authors are more concerned with displacements induced by the construction of large dams and the creation of national parks or by ongoing urbanisation processes. Instead of contributing to the well-being of local communities, the extraction of resources leads to a growing number of resettlements, environmental destruction, and a deterioration of the situation of marginalised groups.
  
  The consequences of the aforementioned problem do not diverge significantly from other categories of development-induced displacements such as oil-induced displacement, dam-induced displacement, or conservation-induced displacement. The analysis of internal displacement has become the focus of different fields of study. Sociology, social anthropology, human rights and development studies, and even philosophy are amongst disciplines particularly useful in the exploration of the consequences of development induced displacement.
  
  Research into this category of displacements, now under development for more than 40 years, has prompted the creation of specific theoretical concepts (i.e. the IRR model). The notion of human security also appears to be a useful scientific tool for more in-depth social analyses. Classification included in the Human Development Report published in 1994 distinguishes seven basic aspects of human security: economic security, food security, personal security, health security, environmental security, personal security, community security, and political security. Extraction of mineral resources leads to substantial threats to each of these aspects. An application of the aforementioned classifications to the research on the consequences of mining-induced displacement and resettlement helps to understand the broader context of problems encountered by the displacees. However, it should also be supplemented by two specific categories: gender security and cultural security.

• Ethical cultures in large business organizations in Brazil, Russia, India, and China

  Posted: 19 Dec 2012 09:01:08 GMT

  This study focuses on comparison of perceptions of ethical business cultures in large business organisations from four largest emerging economies, referred to as the BRICs (Brazil, Russia, India, and China), and from the US. The study finds significant differences among BRIC countries, with respondents from India and Brazil providing more favorable assessments of ethical cultures of their organisations than respondents from China and Russia. Overall, highest mean scores were provided by respondents from India, the US, and Brazil. There were significant similarities in ratings between the US and Brazil.

• Investigate without peril: how to support investigative journalism in East Africa?

  Posted: 04 Dec 2012 18:42:10 GMT

  Investigative journalism distinguishes itself from regular journalism by its depth and subject matter, often involving crime, political corruption or corporate wrongdoing. This brief analyses the obstacles to investigative journalism in the East African region, and discusses what can be done to help address these barriers.
  
  The paper finds that:
  

  • investigative journalism can play an essential role in terms of good-governance, but it is time-intensive, expensive, and often not affordable for smaller media outlets
  • in general, strategies to strengthen investigative journalism capacities often have to reach beyond just the individual journalists to include editors and the management of the media house
  • in terms of investigative journalists, short-term courses and targeted interventions can fill gaps in skills, if a country’s media industry is vibrant and fairly strong
  • yet in a context of a weak industry, it is useful to consider a more comprehensive, long-term approach that includes media companies in order to build institutional capacity within a wider perspective

  
  On the other hand, the document indicates that:
  

  • online learning resources provide easy, affordable access and create useful reference material
  • non-profit investigative journalism centers can offer a viable alternative to insulate investigative journalists from political and other pressures
  • awards for investigative journalism can offset some of the concerns of media managers, and international exposure can add some degree of protection to journalists, even though they remain vulnerable to threats in their home country

  

• Addressing corruption in the health sector: securing equitable access to health care for everyone

  Posted: 04 Dec 2012 18:38:20 GMT

  Corruption in the health sector can be a matter of life and death, especially for poor people in developing countries. This paper shows that corruption in the health sector can have severe consequences for access, quality, equity and effectiveness of health care services.
  
  The paper illustrates that:
  

  • different types of corrupt practices can be identified by reviewing the processes of the healthcare delivery system
  • opportunities for corruption are greater in situations where the government agent has monopoly powers, or where accountability is weak
  • individual beliefs, attitudes and social value systems provide the basis for how those engaged in corrupt practices justify their behaviour

  
  The author argues that it is possible to confront corruption by changing the conditions that allow it to happen and support it. In this respect, efforts to tackle corruption need to translate the main principles of good governance into actions. Furthermore, the document concludes that:
  

  • the development of new national health plans is an ideal opportunity for integrating governance strengthening and anti-corruption strategies into the sector
  • alternatively, a health sector integrity strategy can be developed to complement and strengthen the governance of existing health sector plans
  • corruption risks should be addressed in the financial management system of the health sector; this requires a combination of measures and cross-governmental collaboration
  • performance indicators on corruption in the health sector should be integrated into national development strategies and monitoring frameworks

  The paper highlights that awareness raising, prevention, detection and sanctions should be emphasised to bring about the desired results.

• How to monitor and evaluate anti-corruption agencies: guidelines for agencies, donors, and evaluators

  Posted: 04 Dec 2012 17:53:09 GMT

  The number of Anti-corruption agencies (ACAs) around the world has increased dramatically, but the actual evidence about ACAs performance is scarce. This report argues that ACAs need to do a better job at establishing results-based indicators for their work, showing how activities lead to impact.
  
  To help ACAs to measure their success, the paper provides practical guidance that assist staff of ACAs in undertaking monitoring and evaluation.
  
  Conclusions encompass:
  

  • evaluations of ACAs should try to clarify the appropriate causal mechanisms for good anti-corruption interventions, clarify the actual impact of ACAs, and explore ways in which they can improve their work
  • the evaluation process should have built-in mechanisms for dissemination of the report and for feedback
  • conclusions, recommendations, and lessons need to be clear, relevant, targeted, and actionable in order for the evaluation to promote learning
  • a formal management response and follow up system should be developed to systematise implementation of the recommendations
  • all ACA staff should be able to have their voices heard in the evaluation process and flag potential issues for attention

  
  Furthermore, concerning the indicators used to track performance, the authors underline that:
  

  • although indicators can be used for both monitoring and evaluation purposes, they should be treated differently for each purpose
  • in principle, indicators should so far as possible be disaggregated to capture differences in types of corruption
  • the use of mixed methods for monitoring and evaluation is advised, both in the sense of mixing quantitative and qualitative indicators, or mixing perception-based indicators with indicators which directly measure corruption

  
  The document additionally illustrates that while the development of good indicators is the responsibility of the ACAs themselves, donors may play a constructive role by providing advice, quality assurance, and critique.

• Maid in India - young Dalit women continue to suffer exploitative conditions in India’s garment industry

  Posted: 20 Sep 2012 14:26:53 GMT

  In Tamil Nadu young women workers continue to suffer exploitative working conditions while making garments for Western brands. Thousands of girls work under recruitment and employment schemes that amount to bonded labour. In this report the Centre for Research on Multinational Corporations (SOMO) and the India Committee of the Netherlands (ICN) present their findings on the labour conditions in the South Indian garment and textile industry.
  
  The document features case studies of four large Tamil Nadu–based garment manufacturers that produce for the European and US markets. The majority of the workers are Dalit (outcaste) girls younger then 18 hailing from poor families who are lured with promises of a decent wage,comfortable accommodation and, in some cases a sum of money upon completion of the contract that may be used for their dowry. A large number of these labour migrants live in (factory) hostels where they have little to none interaction with the outside world, let alone trade unions or labour advocates. Workers are expected to work long hours of forced overtime under unhealthy conditions. Trade unions are weak and face enormous opposition. Governmentenforcement of labour law is not robust. Garment brands and retailers have made promises to abolish labour abuses at their suppliers.
  
  Some companies are part of corporate compliance or multi-stakeholder initiatives; others are developing their own approach, including in-depth investigations and social audits at theirsuppliers. These efforts have had some positive effects, especially in the garment-producing units that supply directly to Western buyers. Still, SOMO and ICN conclude that major violations continue, especially in the spinning units were yarn is produced.
  
  This report aims to provide relevant stakeholders – manufacturers, brands, multi-stakeholders initiatives, governments and others – with input to enable and motivate further action. On the basis of the field research and analysis of promises and actual steps taken by the industry and other relevant actors, conclusions are formulated, as well as practical recommendations.

• Reconciling TRIPS and CBD through disclosure requirement

  Posted: 18 Sep 2012 13:27:54 GMT

  The Convention on Biological Diversity (CBD) provides a multilaterally agreed set of rules for access to and sharing of benefits arising out of the commercial use of genetic resources, while WTO TRIPS agreement is sought to protect modern biotechnologies. In view of this, the current paper believes that CBD and TRIPS should be seen in conjunction with one another.
  
  Nevertheless, the paper emphasises that the implementation of CBD and TRIPS in a mutually supportive manner raises several issues that require careful consideration. These issues relate to the concerns with the grant of intellectual property rights (IPRs) over products and processes based on biological resources and traditional knowledge (TK) associated with the same. In addition, they also relate to the implementation of benefit sharing mechanism under CBD.
  
  Employing developing countries’ proposals, the author concludes that:
  

  • TRIPS should be amended so as to provide for mandatory disclosure of source of origin of biological resources in any patent application containing an invention that uses these resources
  • the disclosure of source of origin must be applied also in terms of TK, in patent application containing an invention that uses such knowledge
  • arguably, the inclusion of such provisions would help both countries that have been given the rights over their biological resources by CBD and the local communities, who have been using associated TK for sustaining their livelihood
  • this would also complement measures taken to ensure benefit sharing in a fair and equitable manner with commercial interests exploiting the resources and knowledge
  • nonetheless, wrongful or inadequate disclosure can defeat the entire objective of the patent system

  

• IP and sustainable development: development agendas in a changing world

  Posted: 01 Jul 2012 16:36:22 GMT

  Recent developments as a result of the TRIPS agreement and free trade agreements have made developing countries more mindful of the importance of Iintellectual property (IP) regimes and their implications for development. This information note summarises the main findings of a book about intellectual property and sustainable development, reviewing an array of perspectives on the current state and future of IP.
  
  The document demonstrates that:
  

  • IP policy could contribute to development if properly formulated to respond to national needs and stages of development
  • namely, it can promote innovation and creativity, and contribute to the integration of developing countries in the multilateral trading system
  • however, one single IP model does not respond to the development concerns of low- and middle-income countries

  
  The authors deem that countries have considerable space for the development of unique laws, subject to the obligations imposed by international agreements.
  
  Recommendations are that:
  

  • the TRIPS Agreement, its evolution and jurisprudence should continue to recognise existing flexibilities and the need for their adaptation to national conditions
  • developing countries should not be forced to forgo stages of development by adopting inappropriately high standards of protection not commensurate with their level of development
  • there is a need for Arab countries in particular to adopt a more development-oriented perspective on IP protection
  • South-African Customs Union countries should be asked to strengthen the enforcement of criminal sanctions for certain copyright violations, even as they constitute an access mechanism in a “poor environment”
  • regarding patent protection of plant varieties, there is clear scope for countries in Asia to adapt or innovate towards laws that are more suitable for their farmer and community needs
  • in a biologically rich region like central America, innovation could be increasingly linked to the intelligent use of biodiversity, but a number of national industrial property legislative provisions will have to be modified

  

• Limited partnership: Business, government, civil society, and the public in the Extractive Industries Transparency Initiative (EITI)

  Posted: 26 Jun 2012 09:03:49 GMT

  This article assesses the Extractive Industries Transparency Initiative (EITI), a public-private partnership designed to help resource-rich countries avoid corruption in the management of extractive industry revenues. Thirty-two nations have adopted EITI. However, the EITI partnership is not as effective as it could be for three reasons. First, the partners (governments, civil society, and business) have different visions of EITI. Second, some implementing governments have not allowed civil society to participate fully in the process or have not consistently provided civil society with the information they need to hold their governments to account. Third, in many participating countries, the public and legislators may not be aware of EITI. Thus, although public participation is essential to the success and potential positive spillovers of EITI, the public is essentially a silent partner, limiting the ability of the EITI to succeed as a counterweight to corruption.

• Putting Contract Research Organisations on the Radar

  Posted: 26 Jun 2012 09:01:54 GMT

  It is a trend for pharmaceutical companies to contract third parties to conduct their clinical trials in order to test their drugs. This trend is referred to as outsourcing, and the companies that carry out the work are called contract research organisations (CROs). In addition, clinical trials are increasingly conducted in non-traditional trial regions, which are mainly low- and middle income countries. It is widely agreed that the offshoring of clinical trials to these regions should be scrutinised from an ethical perspective because of the vulnerability of the trial population. What happens when offshoring is combined with outsourcing? Do additional ethical risks arise when clinical trials are contracted out? How do pharmaceutical companies safeguard their commitments when they outsource clinical trial activities to CROs in poor regions? These are the central questions that are addressed in this report.

• Radioactive Revenues: Financial Flows between Uranium Mining Companies and African Governments

  Posted: 24 Jun 2012 09:13:59 GMT

  For African countries, the revenue derived from the uranium mining operations of multinational corporations is despite the high price of uranium minimal, uncertain and volatile. The financial agreements that these countries make with the uranium producers regarding their share in the profits are the primary reason for this state of affairs. These contracts are often the result of negotiations that take place behind closed doors. This report analyses the financial aspects of uranium mining in the main African uranium producing countries Namibia, Niger, Malawi and South Africa and examines the activities of the four largest multinational uranium mining companies in Africa.

• Pre-feasibility study for an improved cook stoves project in Northern Ghana

  Posted: 10 Jun 2012 09:10:03 GMT

  A contract was signed between the Danish Energy Agency and CARE Danmark on 10 June 2009 to carry out a pre-feasibility study for a CDM Program of Activities (PoA) on improved cook stoves in Northern Ghana. Based on the Contract a consultancy contract was signed between CARE Danmark and Energica in Ghana on 11 June 2009 to carry out information gathering and analysis in relation to the household energy part. This report is based on desk studies, field visits to Northern Ghana and analysis and interviews with a number of key people involved the stove business, rural development and the energy sector at large.

• Ecuadorian Handbook for Clean Development Mechanism (CDM) projects

  Posted: 06 Jun 2012 09:07:48 GMT

  The intent of this guideline is to present a simple and educational background regarding not only about carbon markets, but their current opportunities, as well as local and international procedures that a project proponent must meet to successfully incorporate the Clean Development Mechanism (CDM) and emit carbon certificates in the international market. The document includes the following sections: (a) The Clean Development Mechanism (CDM), (b) The carbon market, (c) The CDM project cycle, (d) Key steps in developing a CDM project. (e) Projects to reduce energy emissions, (f) Financial and contractual elements of a CDM project.
  
  Please note: The original document is in Spanish.

• “Corporate social responsibility” across Middle East and North Africa

  Posted: 01 Jun 2012 20:14:55 GMT

  A vivid debate is taking place across the world questioning the social role of business and balance of power between institutions. This paper attempts to synthesise the reports prepared by various authors, who live and work in their homeland in the Middle East and North Africa (MENA), on the notion of “corporate social responsibility” (CSR).
  

  The paper clarifies that the drivers for CSR may be determined outside the system, such as CSR practices of multinational companies, regulations imposed upon by international agreements, work of NGOs, academic research etc.

  The author finds that CSR, in the MENA context, is a generic notion that can fit different purposes in different contexts. Conclusions are that:

  • macroeconomic stability induces ethical behaviour; it establishes the moral authority of the governments and improves their law enforcement capability
  • economic development accompanied by opening up to international competition accelerates the convergence of business cultures may partially neutralise the local societal cultural characteristics unsupportive of CSR
  • in this sense, encouraging Muslim women to be active in social life as demanding customers will dramatically improve the role society plays in driving the business
  • in the same way, supporting the education of women in the MENA has been reported as one of the preferred themes of philanthropy in the region
    

  Furthermore, the document points that it will take some time before the local societies will play a significant role in driving the CSR in the region. This change will involve a shift in values towards universal values, a process which will continue to be driven by democratisation and globalisation.
  

  

• Authorship conflict in Bangladesh: a exploratory study

  Posted: 31 May 2012 09:07:08 GMT

  This study aimed to explore the causes, types, and consequences of authorship conflicts among the researchers of selected research institutions in Dhaka, Bangladesh; and to suggest ways to reduce conflicts. A sample of 100 researchers was given a semi-structured questionnaire; 45 subjects responded. The responses were confidential and anonymous. Over two-thirds of the respondents were aware of authorship conflicts, and one-third had actually faced conflicts with their co-authors. Of them, four faced conflicts with their juniors, while 13 faced conflicts with their seniors or supervisors. The primary causes of such conflicts appear to be unethical claims of authorship, violation of authorship order, and deprivation of authorship.

• Measuring the willingness to pay for hazard-free e-waste management in Dhaka city, Bangladesh

  Posted: 16 Apr 2012 09:06:47 GMT

  Electronic waste is becoming a serious threat for our surrounding environment. We need integrated initiatives to fight this growing concern in Bangladesh. On this background, this paper is the second in the series, aimed at calculating the willingness to pay for hazard-free e-waste management system in Dhaka city, the capital of Bangladesh. Contingent Valuation Method (CVM) was used with direct face-to-face interview technique and double bounded dichotomous-choice (DC) format for eliciting willingness-to-pay (WTP). From the results of the study we had found that, the aggregate value of the WTP of the respondents in Dhaka was BDT 1.1 billion (USD 16.16 million). The results of the study provided us a guideline regarding the concern of the residents on e-waste and will help us to formulate e-waste management policy.

• Free, prior and informed consent in REDD+: principles and approaches for policy and project development

  Posted: 12 Apr 2012 17:01:10 GMT

  The right for indigenous people to give or withhold their free, prior and informed consent (FPIC) has recently been strengthened through the adoption of the United Nations Declaration on the Rights of Indigenous Peoples. These guidelines are an attempt to support such growing willingness to respect FPIC, particularly for those working on REDD+ policy and/or projects in Southeast Asia.
  
  Drawing from examples around the world and the contribution of numerous organisations, this publication aims to serve as a basis for developing country-specific guidelines for incorporating FPIC into REDD+. The publication begins by discussing the importance of FPIC in REDD+. FPIC has until recently been largely neglected with pragmatic approaches favoured due to potential complexities, lack of communication and a lack of knowledge of obligations and rights. The abstract nature of carbon credits, confusion (and potential conflict) over land tenure and the actions of governments with an eye on resources together make FPIC a complicated issue in REDD+ projects. Without it, however, indigenous peoples risk marginalisation and exploitation despite being crucial to determining the success of these projects.
  
  The majority of the report is split between a reference guide and the guidelines on procedures for respecting the right to FPIC. The reference guide covers questions regarding the context, technicalities and practicalities of FPIC, including when and how REDD+ projects must incorporate FPIC, the legal obligations they face and the potential risks involved, including the risk of refusal of consent. The guidelines themselves comprise of 12 elements, covering the preparation, implementation and monitoring stages of a project. Preparation tasks range from the need to identify legitimate decision-making and rights advocacy institutions to work with to developing processes for seeking consent and facilitating communication. Highlighted with respect to implementing projects is the importance of ensuring access to alternative information and independent advice. Finally, monitoring of initial agreements, the development of a grievance process and the verification of consent complete the guidelines.

• The use of ICT in human rights promotion: A case study of the African Commission on Human and Peoples’ Rights

  Posted: 24 Feb 2012 16:18:47 GMT

  This paper examines the effect of information and communication technology (ICT) in promoting human rights on the African continent, with particular reference to the African Commission on Human and Peoples’ Rights. Th aim is to determine the scope of ICT usage vis-à-vis traditional approaches, especially in the digital age, and to suggest alternatives. The paper seeks to render a critical analysis that will lead and co-ordinate a programme of promotional work across the region, including the integration of ICT strategies in its promotional work.

• Implementing corporate social responsibility in South Sudan: a comparative analysis of CSR policies and practices of oil companies in South Sudan

  Posted: 15 Dec 2011 11:53:07 GMT

  How can oil companies and consortia working in South Sudan (a newly independent country) better manage and mitigate the social and environmental challenges that so urgently need addressing? This research aims to enhance understandings of the current perceptions and practice of corporate social responsibility (CSR) of oil companies and consortia in South Sudan.
  

  The document highlights the following findings: 

  • companies face very real challenges around community expectation management 
  • some companies do not feel that conflict sensitivity falls under their remit as a private enterprise, and so do not take ownership of conflict-related issues
  • companies and Joint Operating Companies (JOCs) in the sector have so far been unable to develop strategies and systems to implement, robust CSR initiatives
  • accountability between JOCs, companies and government is unclear and possibly causes problems including blurred responsibilities over community and environmental issues
  • the lack of usability of global best practices, standards and guidelines from the global CSR sector is evident and could be a barrier to development 
  • very little is understood by the companies about stakeholder engagement, prioritisation, and the value of working with other organisations
    

  Recommendations are based around four key areas:

  • conducting deeper research once the operating environment has stabilised
  • increasing the accountability of JOCs and companies on CSR as a first step towards building the capacity of individuals and organisations to better manage and mitigate social and environmental issues
  • building capacity of civil society to hold companies and government to account and support CSR objectives, which would help to bridge the information gap and forge trust for the future
  • developing consensus around the sector’s national objectives by allowing all parties to collectively determine roles and responsibilities; establishing a multi-stakeholder oil national working group could be an option
    
    

  

• Strengthening the State Petroleum Administration of the upstream petroleum sector in Uganda

  Posted: 24 Nov 2011 11:47:52 GMT

  This review looks at the overall results of the Petrad Capacity Building Programme for strengthening the State Petroleum Administration of the upstream petroleum sector in Uganda and assesses the extent to which the Programme has achieved its objectives. The Programme commenced in January 2006 and ended in June 2009. This end-review has been carried out in the period February- June 2011.
  
  The Programme was divided into three overall projects: policy, legal and regulatory framework; capacity building for Petroleum Exploration and Production Department (PEPD); and technical and economic studies).
  
  Main conclusions and recommendations:
  

  • at an overall level, the Programme has been successful in achieving its purpose  -to strengthen the State petroleum administration in Uganda with regard to policy, institutional framework and administrative functions, to strengthen the planning and regulatory functions in PEPD and to study the conditions necessary for commercial development of oil and/or gas in Uganda
  • the long-term relationship between the Norwegian and Ugandan institutions involved in the project, and the use of highly qualified advisors, have contributed to well-functioning and efficient Programme management
  • the Programme was too ambitious in the number of activities and outputs which were to be achieved within the Programme period
  • the Programme would have benefited from having clearly defined baselines, and some Programme outputs were budgeted too low
  • a more specific challenge going forward concerns the establishment of new regulatory, monitoring and management bodies
  • it is urgent that project activities and outputs which were not achieved during the Programme period are completed
  • in terms of sustainability, the Ugandan government and the economy overall are benefiting from competent institutions in the petroleum sector, and should consider the long term sustainability of institutional building financed by Norway

  

• Achievements and strategic options: Evaluation of the Extractive Industries Transparency Initiative. Final report

  Posted: 10 Nov 2011 10:49:11 GMT

  During the short period since Evaluation of Extractive Industries Transparency Initiative (EITI) ,became operational with an elected Board and Secretariat in 2006-07, EITI has seen an impressive growth in the number of countries that have joined the compact, and in the high-level endorsement that it has received for its Principles and the Standard for transparent revenue management in the extractive industry sector.
  
  Three country studies (Gabon, Nigeria and Mongolia) point to establishment of national EITI systems, innovative reconciliation studies, legal foundations for the work, and public access to information as important Outputs, increased trust, more attention to public sector management at Outcome level while little Impact at societal level can be discerned. This is partly due to the short lifetime of EITI so far, but largely due to lack of links with larger public sector reform processes and institutions.
  
  The lack of societal results is confirmed by testing “Big picture” indicators proposed by EITI. This revealed that there is not any solid theory of change behind some of the EITI aspirations, nor do data show any links at this aggregate level. Results focus should therefore rather be at country level.
  
  But the lack of societal change is also a function of the narrow focus of EITI activities. If the Standard were more in line with its own Principles and if it had more focus on strategic partnerships beyond the sector, EITI would be more likely to reach its objectives.
  
  The main Recommendations and conlcusions is thus for EITI to:
  

  • consider a Standard that covers a greater part of the value chain in the sector, combined with a flexible rating scheme that would grade actual performance rather than giving a Yes/No value
  • EITI should also develop a more rigorous and realistic results framework for global and national levels
  • the central governance bodies of EITI – Global Conference, Members’ Meeting, Board, Secretariat – are seen to be largely appropriate in structure, stretched to the limit as far as resources go, and with a need for rethinking task strategies as the organisation grows, mobilizing more funds, while
    strengthening the support to country implementation
  • overall, however, EITI has a structure andorganisation that must be considered “very fit for purpose”

  

• Richer or Poorer?: id21 insights, issue 36

  Posted: 01 Apr 2011 16:19:20 GMT

  Ethical trade as an approach to supply chain management has mushroomed in recent years. Northern companies are becoming increasingly concerned with the ‘ethics’ of their operations and the risks to reputation and productivity posed by bad employment practices in global supply chains. But can voluntary private sector codes really improve employment conditions in supply chains?

  In this issue of Insights, we bring together not only current research but some stakeholder perspectives on the opportunities and challenges facing ethical trade.

  Articles included:

  • Who benefits in South Africa?: Kleinbooi, K.
  • Consensus or conflict: Jenkins, R. and  Pearson, R.
  • Code compliance?: Auret, D.
  • Trade union perspective: Kearney, N.
  • Changing standards?: Kohl Kaufman, E.
  • Death by a thousand codes: Blowfield, M
  • Fresh off the shelf:  Barrientos, S and Dolan, C.
  • Learning by doing?: Rees, D.
  • Just trading?: Dhanarajan, S.

  

• Globalisation and employment: working for the poor?: id21 insights, issue 47

  Posted: 29 Mar 2011 16:28:56 GMT

  Globalisation is one of the most controversial development issues of the day. ‘Globaphobes’ attribute most of the ills of the world to globalisation. The anti-globalisation movement has focused attention on the extent to which decisions affecting the lives of millions of the world’s poorest people are made in international fora – at which the poor have no voice. Globalisation is seen as marginalising a large part of the world’s
  population and contributing to increased international inequality.

  Articles included:

  • Globalisation and manufacturing employment: Jenkins, R. and Kunal Sen, K.
  • Cutting cloth to fit: Nadvi, K.
  • Labour flexibility in African horticulture: Dolan, C. and Barrientos, S.
  • The poverty impacts of female employment: Kabeer, N, Mahmud, S and Thi Van Anh, T
  • Smallholder production: McCulloch, N., Ota, N. and John Humphrey, J.
  • Restructuring and retrenchment: Thoburn, J.
  • Foreign direct investment in Latin America: Willem te Velde, D.

  

• Regulating for development: id21 insights, issue 49

  Posted: 25 Mar 2011 17:47:43 GMT

  Developing countries are now being asked to follow developed countries in the privatisation of goods and services previously provided by the state. It is argued that these countries will gain from the creation of efficient markets which offer their best chance to establish competitiveness, leading to economic growth.
  But critics claim that privatisation damages the quality of public services and undermines public accountability. Conventional forms of regulation address these two issues; but is it also possible to regulate for development that reduces poverty?

  Articles included:

  • Back to the state?: Minogue, M.
  • Tricky compromises: Parker, D. and Kirkpatrick, C
  • Taming the market:  Heeks, R.
  • Thinking it through: Cook, P. and Fabella, R.V.
  • Tackling corruption realistically: Ogus, A.
  • In defence of the WTO: Holmes, P.
  • Learning to trip up: May, C.
  • Managing markets: Mitlin, D.
  • Is regulation working?: Kirkpatrick, C and Parker, D

  

• Debating GM crops: id21 insights, issue 52

  Posted: 24 Mar 2011 16:45:12 GMT

  The debate over genetically-modified (GM) crops is one of the most controversial and fiercely contested of recent times. While media coverage often focuses on disagreements between the United States and Europe, perhaps the main battleground today is the developing world. It is here that large markets are
  emerging, consumer resistance is less organised and claims that GM crops can help to alleviate hunger and food insecurity are tested.

  Articles included:

  • Diversity in international biosafety regulation: MacKenzie, R.
  • From risks to rights in southern Africa:  Mohamed Katerere, J.
  • Bt cotton: benefits for poor farmers?: Glover, D.
  • IPRs, biotechnology and development: Yamin, F.
  • Regulating biotechnology: Newell, P.
  • Corporate dominance and agricultural biotechnology: Glover, D.
  • The Chinese biotechnology experience: Keeley, J.
  • Biotechnology for Kenya: Odame, H., Kameri-Mbote, P. and Wafula, D.

  

• Making business work for development: id21 insights, issue 54

  Posted: 24 Mar 2011 16:06:05 GMT

  Business is everywhere. Some is crucial to development, while some is implicated in poverty, human rights abuses and environmental destruction. In recent years there has been an upturn in corporations taking responsibility for development challenges. Research shows this is a mixed blessing whilst development practitioners and policy makers could engage more critically to ensure real benefits for development.

  Articles included:

  • Home-grown CSR needed: Kumar, R,
  • Unleashing entrepreneurship: Jenks. B.
  • Why AIDS is a workplace issue:  Owens, J.
  • Pay your taxes!: Riesco, M.
  • Women workers’ voices ignored in Central America: Prieto-Carrón, M.
  • Keeping tabs on TNCs: Utting, P.
  • Putting partnerships to work: Sullivan, R. and  Warner, M. 
    

  

• Harnessing trade for development: id21 insights, issue 59

  Posted: 24 Mar 2011 12:56:15 GMT

  Developing countries cannot achieve sustainable growth and poverty reduction unless they integrate into the world economy. Trade reforms are necessary, but not enough to maximise the potential benefits of trade. Negotiations at the WTO Ministerial Conference in Hong Kong in December, 2005 should also focus on establishing an ‘aid for trade’ mechanism.

  This issue of id21 insights suggests that improving market access, which includes removing barriers that impede developing countries’ ability to export goods and services should be the highest priority, complemented with expanded ‘aid for trade’.

  Articles included:

  • Getting to know the WTO: Furlong, D.
  • Doha negotiations: Tulloch, P.
  • Market access or subsidies: Olarreaga, M.
  • Trade preferences: Stevens, C.
  • Complementary reforms needed for poverty reduction: Brambilla, I.
  • Aid for trade: Prowse, S.
  • Implementing WTO agreements: Lengyel, M.F.
  • Making trade negotiations work: Njinkeu, D.

  

• How pro-poor is tourism?: id21 insights, issue 62

  Posted: 03 Mar 2011 12:04:52 GMT

  Pro-poor tourism should increase the benefits of the tourism industry for poor people. It is a term increasingly used by several development agencies, but what does it mean in practice?

  This issue of id21 insights, shows that some countries and businesses are beginning to achieve more
  direct benefits from pro-poor tourism.

   

  Articles included:

  • What is pro-poor tourism?: Pro-Poor Tourism Partnership
  • Can the private sector mainstream pro-poor tourism?: Ashley, C & Ashton, J.
  • Black Economic Empowerment: Rivett-Carnac, K.
  • Government support in Lao PDR How effective is it?: Schipani, S. & Oula, T.
  • Linkages and leakages Local supply and imports: Mitchell, J. & Page, S.
  • Can all-inclusive tourism be pro-poor?: Karammel, S. &  Lengefeld,K.
  • Community-based tourism Failing to deliver?: Goodwin, H.
  •  

  

• Developing Women’s Entrepreneurship in the Papua Highlands

  Posted: 10 Jan 2011 15:52:31 GMT

  This briefing documents the progress of ILO’s Entrepreneurship Skills Development project, which ran in 2009 and 2010 in the Papua Highlands, Indonesia, as part of the UN joint programme for the area. The ILO project was aimed at facilitating activities to develop entrepreneurship skills among communities, particularly among indigenous Papuan women, in the three areas of Jayawijaya, Lani Jaya and Yahukimo. The project had three strategies:
  
  • To develop and maintain a database on micro and small enterprise potential and existing entrepreneurs in the Papua Highlands
  • To strengthen entrepreneurship skills among community members, particularly women, by providing micro-entrepreneurs with training
  • To assist micro and small entrepreneurs to develop mechanisms for collaboration with existing business development service (BSD) providers and concerned government agencies
  
  Some of the main activities outlined in the briefing are: enhancing awareness of business potential; fostering basic entrepreneurship skills; and increasing capacity to manage enterprises and networking. There are case studies of success stories and a list of recommended documentaries.
  

• Enclaves of wealth and hinterlands of discontent: foreign mining companies in Africa's development

  Posted: 04 Jan 2011 11:31:11 GMT

  This report comprises 8 papers that were presented at a conference organised in Ghana in 2008, on the theme: ‘Beyond Foreign Direct Investment in Africa’s Mining Sector’. The papers explore various financial and practical aspects of mining sector reform in sub-Saharan Africa.
  

  The report points that national policies on mining in Africa have not been adequate to optimise the benefits or translate marginal benefits into building the productive capacities of local communities in mining areas. Thus, in order to enhance the developmental potential of mining, the authors suggest the renegotiation of mining contracts and the revision of mining regimes.
  
  The paper’s main findings can be summarised as follows: 

  • the available mineable land could not cope with the ever-increasing numbers of people entering the industry
  • through training of small-scale miners on entrepreneurial skills, a number of operators have diversified their business ventures to include non-mining activities
  • a mining boom will not lead to a process of economic diversification capable of generating long-term sustainable development in the absence of effective public policies which encourage such a process.
    

  Recommendations include:

  • developing an integrated national and regional strategy for mining
  • consider the creation of a permanent mineral resource investment fund backed by national law and managed by a defined institution
  • improve the marginal gains by considering an upward review of the levels of some taxes in the sector 
  • formulate fiscal devolution principles, which transfer/reverse revenue sharing arrangements to the local centers, in consistent with the larger integrated national development agenda
  • consider diversification of certain minerals which allows community collective investment, while extending alternative livelihood projects to other mining communities
  • incorporating artisanal miners into concessions as equal partners who could not be expelled under any circumstances.
    

  

• Does partial privatization improve the environment?

  Posted: 22 Oct 2010 15:02:42 GMT

  This working paper analyses the impact of privatisation on the environment, where the level of privatisation is endogenously determined. The paper clarifies that the production process in many industries emits pollutants, which damages the environment. Yet, the extent of such environmental damage is likely to depend on the intensity of product market competition, which implies that privatisation can generate environmental outcomes.
  
  The document’s main findings are as follows:

  • environmental damage increases with the increase in the level of privatisation
  • thereafter, it starts declining with the increase in the level of privatisation
  • partial privatisation is optimal from the social welfare point of view
  • however, the social welfare maximising level of privatisation damages the environment most.
    

  Accordingly, the author concludes the following:

  • it is clear that there is a conflict of interests between the “green lobby” and the “economic welfare lobby” as far as privatisation is concerned 
  • the environmental awareness of citizens and institutional factors are likely to play crucial roles in determining the relative strengths of the parties involved.
    

  The document suggests extending the research to a more general framework which considers the bargaining between the “green lobby” and the “economic welfare lobby”. Moreover, it suggests that researchers extend its analysis by considering consumption related pollution.
  
  

  

• Adaptation to climate change: linking disaster risk reduction and insurance

  Posted: 23 Jun 2010 18:25:50 GMT

  Development gains are increasingly at risk from climate change among other pressures. Adverse changes are already being observed in the amount, intensity, frequency and type of precipitation, resulting in drought, floods and tropical storms. Climate change threatens to undermine poorer countries to absorb loss and recover from disaster impacts. This paper addresses the potential role of insurance in reducing disaster risk and advancing adaptation. The United Nations Framework Convention on Climate Change (UNFCCC) identified disaster risk reduction strategies and risk transfer mechanisms including insurance as potential elements in a new climate agreement.
  
  The document cautions, however, that insurance has the following limitations:
  

  • it does not prevent the loss of lives or assets
  • it is not always the most appropriate option to manage risks, in terms of affordability
  • with climate change, insurance tools will be challenged to cover increasingly frequent and intense events
  • traditional insurance may not be the appropriate tool for longer term foreseeable risks like sea-level rise and desertification
  • insurance alone is not the solution because it could fail to reduce risk and to advance adaptation unless it is implemented along with disaster risk reduction measures.
    

  The authors also state that collaboration between the insurance industry and the public sector can promote risk reduction in a number of ways:
  

  • awareness raising and risk education: insurers and government can partner to make available risk data and information systems
  • risk pricing: by accurately pricing risk, insurers can incentivise risk reducing decision making
  • enabling conditions and regulation of insurance programs: through legislation, financial oversight and monitoring, government can provide incentives for insurance to promote risk-reducing activities
  • direct financing of risk reduction measures: insurers can invest directly in risk reduction measures to avoid large compensation claims
  • risk reduction as a prerequisite for insurance: as a prerequisite for coverage, insurers can require that policy holders undertake specific disaster risk reduction measures.
    

  Appropriately embedded among risk reduction measures and with the right incentives, insurance has important potential to reduce disaster risk and advance adaptation. The paper identifies the following considerations for designing insurance programs:
  

  • careful planning and close coordination in the implementation of insurance with disaster risk reduction measures
  • raising community risk awareness
  • investing in the gathering and dissemination of risk information
  • government regulation to ensure a longer term focus on risk reduction from insurers
  • government regulation to ensure insurer solvency, licensing and insurance distribution.
    

  

• Country Risk Portal

  Posted: 30 Apr 2010 10:53:39 GMT

  The Human Rights and Business Country Risk Portal (based at the Danish Institute for Human Rights) will create the first freely available website where companies can access country-specific information on human rights risks alongside tools and advice for managing those risks.
  
  The aim of the portal is to enable companies world-wide to better understand and address their human rights impacts, to ensure that their business activities benefit all societal groups in their local business environments.
  
  The Human Rights and Business Country Risk Portal will:

  • provide free access to qualitative and quantitative risk information on business-relevant human rights issues across a large number of countries
  • give targeted country-specific recommendations for addressing the identified risks in accordance with international best practice
  • identify local development priorities and initiatives in relation to human rights to help companies engage in relevant social investments and partnerships

  The Human Rights and Business Project has received seed funding, and is currently seeking additional donors and corporate partners (Spring 2010).

  

• Worldwide guide to trade unions and works councils

  Posted: 16 Feb 2010 14:14:56 GMT

  This book looks at the current state of works councils and trade unions for 33 countries around the world.
  
  Topics include:
  

  • collective bargaining
  • unfair labour practices
  • trade union employee protections rights
  • employee collective representatives
  • the labour regulatory regime

  

• A methodology for human rights impact assessment (draft version)

  Posted: 18 Nov 2009 17:32:15 GMT

  This methodology for Human Rights Impact Assessment (HRIA) manual aims to systematically identify, predict and respond to projects' potential impacts on human rights. Experience has shown that standard assessments, those of environmental, social or health impacts cannot capture the full range of issues that might trigger or exacerbate human rights violations. The HRIA addresses this gap, differing from other assessments in both extent and perspective.
  
  The goal of this methodology is to assist in the creation of valid, useful and ultimately meaningful human rights impact assessments. This followed the United Nation’s Special Representative on Human Rights and Business Professor John Ruggie's presentation to the Human Rights Council with a framework for delegating human rights and responsibilities between governments and companies.
  
  The process of creating and using HRIA is still in its early phases. Their relevance will depend on a continuing improvement of method, capacity and result which can only be accomplished through the sharing of experience and information between companies and assessors.
  
  The methodology looks at HRIA assessment sources, goals, and types. It covers basic concepts and looks provides five steps for implementation:  

  • gather project contexts and company information 
  • drawing up a preliminary list of impacted rights 
  • drawing up a preliminary list of impacted right holders 
  • special topics  
  • inquiry guided by topic catologue

  The methodology offers recommendations for policies, procedures, structures and action. It also provides an appendix of other tools and selected best practices.
  

  

• Death and taxes: the true toll of tax dodging

  Posted: 02 Nov 2009 13:01:54 GMT

  This report discusses the global taxation system that allows corporates to avoid their responsibilities while condemning the poorest to stunted development, even premature death. It argues that tax avoidance is a grey area. Although it is legal, it has a sliding scale of legitimacy. In the corporate world, avoidance often involves the use of tax havens to shelter and boost profits. Increasingly more ingenious and complex instruments are peddled by the tax industry, with the sole purpose of getting around laws and regulations. The report examines the different methods, licit and illicit, through which transnational corporations and other businesses dodge tax in order to pay as little as possible.
  
  The authors note that loss of corporate tax to the developing world due to tax evasion through some of the common forms of evasion is currently running at US$160bn a year (£80bn). That is more than one-and-a-half times the combined aid budgets of the whole rich world – US$103.7bn in 2007. The report argues that the lives and prospects for poor people in the developing world could be transformed if the same proportion of tax revenues were spent on healthcare in these countries, the lives of 350,000 children under the age of five would be saved every year – including 250,000 babies.
  
  Projections reveal that between 2000, when the MDGs were set, and 2015 when they are supposed to be realised, the amount lost by two specific methods of evasion will total US$2.5 trillion. Taking into account additional sums from aggressive tax avoidance and other forms of trade abuse, the total loss is likely to be several times that amount.
  
  The report makes following recommendations, particularly to governments of UK and Ireland as most of the illicit money finds its way into these countries.
  

  • Both governments should commission their own studies into the scale of illicit capital flows in general and of those due to tax evasion in particular, with a special emphasis on the role played by their own jurisdictions and institutions in facilitating capital flight and tax evasion from the developing world.
  • Promote an international accounting standard that requires companies to report what they do on a country-by-country basis.
  • Repatriate illicit wealth
  • Ensure banks to disclose the ownership of all foreign entities to which they supply services so that this information might be exchanged with the countries in question.
  • Support the OECD in its efforts to regulate tax havens, demanding automatic exchange of relevant information.
  • Provide technical assistance to developing countries, where requested, to help them address trade mispricing problems.

  

• Socially conscious consumerism: a systematic review of the body of knowledge

  Posted: 19 Oct 2009 10:32:57 GMT

  Consumer personal consumption decisions can help maintain the environment or contribute to its deterioration. As firms strive to limit the impact of their operations on society and the environment, this paper asks whether consumers are willing to reward firms for their CSR by paying a higher price for products and services which enhance social or environmental well-being or through increased purchases.
  
  The paper reviews 30 years of research on whether consumers are willing to reward firms for their positive sustainability actions either by changing their behaviour or by paying a price premium. It finds that:
  

  • Consumer willingness to change their behaviour towards the socially conscious choice is more common than their willingness to pay a premium
  • Consumers often appear to expect the socially better choice to be of the same quality and price - it does not appear that they will trade-off functionality
  • The average premium for socially conscious products and services is 10%
  • Some consumers will demand a discount for ‘unsustainability’, even greater than the premium for sustainability.

  The paper finds some evidence to suggest that factors other than sustainability attributes are more important in driving consumer behaviour. For example, prompting consumers, making their purchases decisions visible, and making them feel like their purchases will make a difference may be more important than having the right sustainability attributes to the products and services.

• Non-judicial remedies in Norway for corporate social responsibility abroad: a discussion paper

  Posted: 08 Oct 2009 14:30:29 GMT

  This discussion paper is intended to provide an overview of and insight into the main trends of policy work and research on state-based non-judicial mechanisms. The paper should serve as a background for public policy discussion of non-judicial mechanisms in Norway. It focuses on some models and practices adopted by non-judicial mechanisms that engage directly with corporations in an effort to assess and resolve complaints relevant to corporate social responsibility (CSR) issues.
  
  The paper indicates that there is a significant amount of policy and practices upon which to base the design of a non-judicial remedy mechanism for Norway. Moreover, it figures that there is common consensus that such a remedy mechanism should meet certain basic criteria. It should be incident-based; that is, it should respond to complaints about things that have happened (harms) or behaviours that has fallen short of an established standard. In addition, it should operate in a legitimate, accessible, equitable, predictable, transparent and compatible-with-international-rights way.
  
  To demonstrate, the paper suggests a number of functions which a non-judicial remedy might adopt:
  

  • information facilitation
  • negotiation
  • mediation/conciliation
  • conducting investigation
  • adjudication

  The paper illustrates that the last function is about the formation of a judgment as to the rights and obligations of parties, while it is an independent decision as to remedies.
  
  Equally important, the paper emphasises that remedies should be state-based to have them active and effective. The paper notes that the state has the convening power to ensure the national level engagement of all social actors in the design and implementations of remedies.

• Getting back on the rails: the private sector and development

  Posted: 29 Sep 2009 08:47:38 GMT

  This paper contends that private sector is a vital player in poverty eradication and is the engine of development. However, all too often it underperforms in developing countries as the Washington Consensus elevated market over the state ignoring the inter-relatedness of both. This led to a partial form of globalisation allowing parts of private sector to create enormous wealth and restricting the ability of governments in developing countries in building right institutions for economic prosperity and social progress.
  
  The partial globalisation that has been pursued is profit-oriented. It can lead to wealth creation but does not always contribute to poverty reduction. It sometimes makes it worse. The author argues that new policies, regulations and institutions are needed to ensure that:
  

  • markets function fairly and inclusively
  • private sector does not harm poor communities
  • private sector redresses any harm it causes to the poor

  To this end, corporate accountability cannot be left to voluntary initiatives under CSR. International agreements and national laws should cover private sector. These agreements and laws should be integrated in private sector development strategies.
  
  Some of the recommendations include:
  
  Developing country governments should
  

  • strengthen links between different parts of private sector and different channels of development
  • ensure poor are included in markets but protected from exploitation
  • hold privates sector to account

  Donors should
  

  • revise private sector development policies to preserve the right of developing-country governments to make their own policy

  MNC’s should
  

  • work with developing country governments, civil societies, donors through accountable CSR and core business activities

  

• Not just a tragedy: Access to medication as a right under international law

  Posted: 28 Sep 2009 10:26:39 GMT

  An estimated 29.4 million adults and children live with HIV and AIDS in Sub-Saharan Africa. Despite the fact that new combinations of antiretroviral therapy and other medications have enabled HIV-positive people in much of the developing world to live productive lives for many years, HIV and AIDS are now the largest contributor to mortality in several Sub-Saharan African countries.
  
  This article, published by the Boston University International Law Journal, first sets out the principal norms under international human rights law that relate to access to medications. In Part II of this article, the author discusses how the right to life has increasingly been expansively interpreted to include conditions that promote and sustain life with dignity, as well as both the minimum core content and progressive realisation of the right to health. The author also sets out the connections between access to medications and the rights to an adequate standard of living, to work, and to education, as well as between access to medications and the right to enjoy the benefits of scientific progress and the disproportionate effects on children and marginalised groups of failure to ensure access to medications.
  
  In Part III, the author examines the obligations that flow from those human rights provisions, which could provide the practical basis for policy-making and legislation. Primarily focusing on the right to health, as defined by the International Covenant on Economic, Social and Cultural Rights (ICESCR), the author analyses governmental obligations according to the tripartite framework of duties that is now well-established under international law: to respect, to protect, and to fulfill. The article further considers the obligations of third-party states and international institutions. Discussions and examples relating to HIV and AIDS are intended as illustrative; other life-threatening diseases and conditions pose many of the same rights issues but, due to the unparalleled scale of the HIV and AIDS pandemic, these simply have not received the same attention from national courts or from international bodies.
  
  The author concludes that transforming our understanding of access to medications into a human rights issue leads us to ask not if life-saving medications can be provided to the millions of destitute sick people around the world, but how governments, third-party states and international organisations can facilitate that process and ensure that they are. Further still, the author concludes that human rights provides a set of principles according to which laws, policies and programmess can be evaluated and reformed.
  
  [adapted from author]
  

• Linking business with pro-poor development - a backyard poultry value chain increases assets, income and nutrition

  Posted: 22 Sep 2009 10:04:28 GMT

  There is a growing evidence about the role that backyard poultry production can play in sustaining and enhancing poor peoples’ livelihoods. Market oriented backyard poultry is increasingly recognised as a stepping stone for the poor to move out of poverty. Based on a case study from West Bengal in India, this practice note shows how the private sector can create a viable business model, build rural market acumen, and doorstep delivery mechanisms by leveraging the traditional knowledge of women rearing backyard poultry. Some of the key elements that contribute to the success and sustainability are:
  

  • applying the right technology
  • innovation in dstribution channel
  • adopting a pro-poor approach

  The authors highlight lessons learned from the case study and suggest that this model is worthy of replication because it demonstrates how the private sector can re-adapt their business and bring in expertise to build rural livelihood enterprises:
  

  • Strong delivery chain: a key learning is the structure of the value chain. Close coordination of the chain for flow of goods, services, and information and economic interdependence of agents in the chain contribute significantly towards its effective functioning.
  • Profit beneficial for all: profit motive is generally associated with exploitation but it can be a binding factor that assures sustainability deriving from the inter dependence of all stakeholders
  • Need for greater technical cooperation: stronger technical support to the value chain might help address many issues. Finding networks,alliances and partners to upgrading the technical skills of the agents within the value chain will be very beneficial as the information will flow well to the farmer level.
  • Role of government agencies: the relevant arm of the government needs to be more pro-active in surveillance, disease control and provision of extension information.
  • Working within rearers resource base: rearers value the business because of low rearing costs and fits well within their limited resourcebase, social hierarchies, anxieties and gender based household dynamics. These elements are critical for the sustainability of any initiative.
  • Public-private cooperation: there are significant spaces and avenues for private companies and government to work together cooperatively and collaboratively so as to combine their strengths for further enhancement of poultry-based livelihoods. This model showcases the openness and scope for such an initiative and role sharing especially in areas concerning research and development and building sustainable delivery channels.

  

• Strategic fundraising for NGOs and steps to achieve success

  Posted: 30 Jul 2009 18:05:48 GMT

  The presentation gives an overview of important aspects that need to be followed for fundraising efforts to yield results.

  It highlights the following: 

  • Fundraising basics 
  • Developing a case statement for your NGO 
  • Preparing a fundraising plan and understanding the fundraising process
  • Principles of fundraising for corporations and individuals
  • The Board of Directors' role 
  • How to identify sources of funds 
  • Targeting and understanding corporations
  • An outline of a Grants proposal
  • Maintaining the relationship and keeping donors happy
    

  

• The time to lead is now: the adoption of ESG analysis by Asian government pension funds

  Posted: 30 Jul 2009 14:57:35 GMT

  Asia's pension funds are among the largest and fastest growing pools of capital in the region and their influence in the capital markets will continue to grow, especially as asset allocations diversify. The integration of environmental, social and governance (ESG) criteria into investment decisions is being recognised by astute investors as an essential part of investment due-diligence and strategy.
  
  This report aims to provide users with the tools to understand how pension funds can act as catalysts for sustainable development in a manner that is in full harmony with their fiduciary investment responsibilities. It also argues that pension funds and sustainable development are catalysts to help meet the Millennium Development Goals, particularly Goal 7 on environmental sustainability
  
  The report is presented as a Toolkit, and also discusses proxy voting, infrastructure and provides country profiles on China, India, Indonesia, the Philippines and Vietnam.
  
  Main Findings:
  

  • increasing numbers of global pension funds are diversifying into all asset classes, including equities, in order to meet long term performance returns and balance risk; funds are also adopting aspects of ESG into their investments and a wide range of ESG best practice can be identified
    
  • Asian funds have the opportunity to leapfrog: although some Asian pension funds are leading the way, most are lagging in ESG adoption and hence have the opportunity to adopt ESG strategies now and leapfrog to become global leaders. Taking a lead in fostering the adoption of ESG best practice among fund managers via tenders and pension investment policies is crucial
    
  • in taking the long term perspective, pension funds have the opportunity to prioritise investments which demonstrate sustainability, and to influence strategic decision making
    
  • the exercise of proxy voting rights has been emerging as perhaps the most common expression of responsible investment. As part of their fiduciary obligations to their beneficiaries, pension funds are expected either to vote proxies themselves or to instruct their asset managers how to vote on fundamental matters of corporate governance. Owing to their long-term time horizons, pension funds can make a real impact on the behaviour of management if they participate in regular dialogue and responsibly use their proxy votes at every opportunity
    
  • Asian pension funds can play an important role in helping to improve corporate disclosure in Asia. These pension funds, by the collective size of their investments, can encourage corporations to give more prominence to longer term and ESG issues in their corporate strategies and reporting

   

• The causes and consequences of industry self-policing

  Posted: 02 Jul 2009 10:38:01 GMT

  Programmes encouraging firms to police their own regulatory compliance and voluntarily disclose the violations they find are becoming increasingly important elements of regulatory strategy, and may be beginning to displace traditional regulatory enforcement tools like inspection and prosecution.
  
  This paper analyses the complex behaviour of corporate self-disclosure to identify the causes and consequences of confessing. It investigates what factors lead organisations to self-disclose violations that went undiscovered by regulators, and whether these self-disclosing organisations obtained any unofficial regulatory benefits, above and beyond formal penalty mitigation. It also evaluates whether self-policing promotes the regulatory objective of improving compliance records.
  
  The paper finds that:
  

  • highly scrutinised facilities are significantly more likely to self-disclose compliance violations as confessions are in effect coerced, since an additional inspection increases the probability of self-disclosure the next year by 10%
    
  • facilities with poor regulatory relations are subject to the most intensive regulatory scrutiny, and therefore have an even greater incentive to convince regulators that they have turned over a new leaf and are now more willing and able to comply with regulations
    
  • information and outreach efforts are very effective in encouraging facilities to self-disclose compliance violations
    
  • self-disclosing facilities are subjected to 21% fewer annual inspections suggesting regulators do indeed grant inspection holidays to self-disclosers
    
  • there is strong evidence that facilities’ compliance records improved subsequent to self-disclosure

  These findings suggest an important role for self-policing within the context of a broader, deterrence-based regulatory strategy. The fact that self-disclosers improve their compliance records indicates that self-policing affects firm behaviour, and that confessions can serve as reliable indicators of these effects. However, while self-policing holds some interesting possibilities, it is not the panacea for shrinking regulatory budgets. The paper suggests a regulatory policy that recognises the ongoing importance of government regulation and regulators for the success of public-private regulatory partnerships.
  

• Coming clean and cleaning up: is voluntary disclosure a signal of effective self-policing?

  Posted: 02 Jul 2009 09:52:31 GMT

  This paper evaluates the self-regulatory practice known as self-policing among businesses, which involves encouraging regulated entities to monitor their own compliance with the law and report and correct violations they discover. The paper examines the following issues:
  

  • whether the self-policing required under the Audit Policy affects the behaviour of regulators and regulated facilities and the relationship between them
  • whether self-policing is associated with improved environmental performance at participating facilities
  • whether regulators reduce their scrutiny over self-policing facilities

  The paper finds that:
  

  • compared to similar non-disclosing facilities, self-disclosing (self-policing) firms on average reduce the number of abnormal episodes in which toxic chemicals are released to the environment
  • this outcome arises from improvements made by the self-disclosers with clean compliance histories relative to non-disclosing firms with clean compliance histories
  • there is no evidence of improvement when self-disclosers are compared with non-disclosers among firms with poor compliance histories
  • regulators interpret the voluntary self-disclosure signal accurately, rewarding effective self-disclosers, but not ineffective self-disclosers, with an inspection holiday

  This suggests that self-policing can enhance the environmental performance of facilities that are already good compliers, but that historically poor compliers do not see significant gains from self-policing. Regulators reward self-policing facilities that already had clean past compliance records with an inspection holiday, but do not significantly decrease scrutiny of poor past compliers, and are therefore effectively sorting the good facilities from the bad.
  
  

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