West Africa: Child Protection In April 2000, at the West African Conference on War-Affected...

West Africa: Child ProtectionIn April 2000, at the West African Conference on War-Affected Children, countries of that sub-region came together to endorse the Accra Declaration and Plan of Action. One of the principal commitments made in Accra was to create an institutional focal point for the protection of children within the West African regional organization ECOWAS (Economic Community of West African States). Canada will provide support for creating this child protection unit, which will monitor the human rights situation of children in areas of conflict and help rehabilitate and reintegrate these children during post-conflict peacebuilding. This initiative will also include efforts to build capacity within West Africa for child protection at the national and regional levels through ECOWAS.

Governance and Accountability

International Criminal Court

Security Sector Reform

Corruption and Transparency

Freedom of Opinion and Expression

Democratic Governance

Corporate Social Responsibility

Conflict Prevention

Targeted Sanctions

Co-operative Conflict Prevention

Small Arms

Post-Conflict Peacebuilding

Angola Sanctions CommitteeIn the 1990s, the UN Security Council put in place a range of sanctions against the Angolan rebel movement UNITA following the latter's abandonment of the peace process. By limiting UNITA's access to such resources as arms, petroleum and revenues from illicit diamond trading, the sanctions regime aimed to curtail UNITA's ability to pursue its objectives by military means, and to end a long and brutal civil war. As part of its two-year term on the Security Council, Canada chaired the Angola Sanctions Committee and spearheaded investigations by an independent group of experts on international implementation and compliance with the sanctions.

The experts' report took the unprecedented step of naming sanctions violators and recommending new enforcement measures. In April 2000, the Security Council passed a Canadian-led resolution that took action on key recommendations of the independent experts, including the creation of a monitoring mechanism to investigate and report on continuing violations of the sanctions. These efforts represent important steps toward making sanctions in Angola and elsewhere more effective multilateral tools for human security.

Peace Support Operations

Peace Support Capacity

Expert Deployment

Police in Peace Support Operations

Protection of Civilians

War-Affected Children

Legal and Physical Protection

Internally Displaced Persons

Human Rights Field Operations

Landmines

Humanitarian Intervention

Globalization, Human Rights & Corruption

• Human rights– Become major issue since mid-1990s– New dynamic in debate about corporations

and human rights– Post Cold War, sovereign immunity not

acceptable excuse for abuses– Increase in FDI and competition for

investment lowers standards/taxes/regulation

Country Industrial Activity IssueAngolaAustraliaBoliviaBrazilBurmaCanadaChinaColombiaEcuadorIndiaIndonesiaNigeriaPapua New GuineaPeru

DiamondsIron OreGoldHydro damPipelineDiamondsTextilesCoalToxic wasteBauxiteGold/Copper; Natural gasOilGold/CopperBrick-making

Civil War*Land RightsLabor/mine control*Displaced people (compensation)Forced laborLand RightsChild LaborLaborHealthLand Rights*Independence*Political rights*Land Rights*Child Labor

Note: * indicates people were killed


Human rights issues - examples

Victor Garcia, a three-year-old Peruvian, lifts a brick in an informal brickyard in ashantytown in Lima, June 15, 2002. Photo by Olivares/Reuters


Human rights issues - examples

• What are the origins of human rights?– Divine endowment; e.g., the American

Declaration of Independence’s assumption of divinely bestowed rights;

– The humanist view that rights are based on the dignity of human nature;

– The utilitarian optimism suggesting that “things go better with rights” (like “Coke”)

– Arbitrary legislated rights


• Why are human rights important?– Points of conflict– Pressure from civil society– Relationship of rights to sustainable development– Rights of stakeholders, development rights of

communities, inter-generation rights– Impact of globalization– Demands for transparency and accountability,

stakeholder and investor concerns


• Human rights complexities – India: did unprovoked police shoot demonstrators or were they

attacked?– Colombia: sixty percent of all unionists killed in the world– Kosovo: 80% of economy mining based– Cambodia: battle between gold miners and police– Indonesia: human rights abuses and manipulation by “mafia”

forces– Burma: use of forced labor


• Human rights complexities– Differences between perception and reality– Increased scope of rights risks manageability problem– Different degree of government support

• Some governments do not accept everything NGOs/Civil Society want

– Military, failing, democratic regimes– Who speaks for the community?– Most governments signed Universal Declaration of

Human Rights


• Human rights complexities– Different NGOs

• Local; Regional; National; International

– Competing agendas - Who speaks for whom?• Government priorities?• Corporate objectives?

– Rights are indivisible• Cannot pick and choose


• Roles and Responsibilities– Corporations: security of operations; do no

harm; bring about positive change; broader role for employees to promote and protect human rights?

– NGOs: gather information about human rights, communities, the workforce, wealth distribution, indigenous peoples, and other stakeholders concerns; role as critic and/or partner?


• Roles and Responsibilities– Host governments: prime responsibility for

human rights, regulatory and legal framework, distribution of benefits and costs, Problems with weak institutions, lack of capacity

– Home government: hold companies with overseas operations responsible to home country standards

– Shareholders, financial and multilateral organizations: press for responsible behavior


• Options to respond to expectations– Inform and consult community– Awareness of stakeholder power mix– Avoid paternalistic approach– Compensation– Credibility


• Options to respond to expectations– Voluntary initiatives– Engage in dialog: inform and consult– Existing guidelines– Codes of conduct– Regulatory requirements– Private, public partnerships– BUILD TRUST AND CREDIBILITY


• Monitoring performance in human rights– What benchmarks and standards?– Voluntary codes, principles– How to make them applicable?– Social audits– Standards to protect vulnerable groups– Private, public partnerships

• Pressure will continue

• Need “social license” to operate


• Codes of conduct– Sullivan Principles– Basic code of labor practice, ICFTU, 1997– Global Code of Ethics for Tourism, World

Tourism Organization, 1999– Workplace code of conduct, Fair Labor

Association, rev. 2001– RUGMARK label Nepal/India carpets certifies

no child labor


• Corruption– Improper and unlawful enrichment of self or

others close to them by misuse of power entrusted: conflict of interest, nepotism and cronyism

– Undermines good government– Distorts public policy– Leads to misallocation of resources– Harms private sector and public sector development– Hurts the poor



• Corruption– Pay 20% in bribes rather than 50% in taxes?– Bre-eX: mining scam– Enron– Global Crossing– Contracts– Facilitation payments

• Corruption– Control requires wide range of stakeholders:

• state• civil society• private sector• role for international institutions

– Shared responsibility• Emphasize prevention and reform systems


• Corruption– Accountability– Transparency– Anti-bribery legislation– Overcome vested interests– Find credible reformers– Ensure wide range of stakeholders– Systematic change essential– Concept of horizontal accountability


• Corruption– Legitimate legislature– Independent judiciary– External audit– Ombudsman– Anti-corruption agencies– Impartial and honest civil service– Independent and free media


• Corruption– Roles:

• Civil Society• Private sector• International co-operation

– OECD Convention on Combating Bribery of Foreign Public Officials in International Business Transactions (1997)

– Inter-American Convention Against Corruption (1996)

• Competition• Legislation


• Corruption– Reporting: Sunlight is the best disinfectant– Monitoring - Transparency International

• Bribe payers index• Bribery in business sectors• Corruption index



Source: Transparency International

Bribe payers index (10 = zero propensity to pay)

Australia

Sweden

Switzerland

Austria

Canada

Netherlands

Belgium

United Kingdom

Singapore

Germany

Spain

France

United States

Japan

Malaysia

Hong Kong

Italy

South Korea

Taiwan

China

Russia

0 1 2 3 4 5 6 7 8 9 10



100 = low perceived level of bribery



Finland - 1

Denmark/New Zealand - 2

Iceland - 4

Singapore/Sweden - 5

Canada - 7

United Kingdom - 10

Australia - 11

USA - 16

Chile - 17

Botswana - 24

France/Portugal - 25

Brazil - 45

Ghana - 50

Thailand - 64

Argentina - 70

Russia - 71

Bolivia - 89

Indonesia/Kenya - 98

Angola - 98

Nigeria - 101

Bangladesh - 102

0 1 2 3 4 5 6 7 8 9 10

Corruption index (10 = low perceived level of corruption)

Country shown with its ranking among 102 countries examined

• There are no saints– Companies; NGOs; Governments; Multilateral

agencies

• Options to respond to expectations– Need for holistic approach– Implications

• Engage in measures and behavior for involvement beyond labor and environmental issues

• National implications and national role• Supply chain

– Develop social/political skills– Globalization brought new dynamic and focus



Businesses are not governments - and yet, sometimes they are more powerful, more stable, and more ‘answerable’ to local populations than the government. What should the legitimate role of business be in relation to human rights in the political realm?

Case studyYou are a manager in the policy division of ABC inc. Your company has been extracting oil from the minority-dominated Releb region of country Zania for several years now. Most of the revenues from your operations go directly to the Zanian government, while the Releb inhabitants remain impoverished and politically disenfranchised.In a recent campaign against the government and your company, a popular Releb leader was arrested and is now on trial. It is clear that the trial will not be fair and that the Releb leader himself will get the death penalty.

Questions1. The inhabitants of the minority region Releb are placing pressure on you to demand that the Zanian government adopt a more equitable distribution of wealth in the area? Should you get involved? If so, what is your response?

2. The Relebs are demanding that you force the government to release the imprisoned Releb leader. Should you get involved? If so, what is your response?

3. It is rumoured that the Relebs are drawing up a long list of demands for your company. Many of these involve political reform. Your negotiators are meeting Releb leaders next week. They have asked you to draw up a policy statement which clearly defines the limits of your company’s involvement in human rights and political issues.

Source: Human Rights and Business Project, Danish Centre for Human Rights, Confederation of Danish Industries, Industrialization Fund for Developing Countries

Globalization, Human rights and Corruption

Global Issues Advisor, New York, NY email: [email protected]

http://www.Geocities.com/sdhnyc

Simon D. Handelsman

Thank You

West Africa: Child Protection In April 2000, at the West African Conference on War-Affected...

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