Corporate Accountability for Human Rights Abuses in Asia : Critical Reflections on Lessons from Europe

2018 ◽  
Vol 8 (3) ◽  
pp. 75-88
Author(s):  
Surya Deva
Keyword(s):  
Human Rights ◽  
Corporate Accountability ◽  
Human Rights Abuses ◽  
Critical Reflections

Accountability, asbestos and indigenous rights: The case of Baryulgil

2011 ◽  
Vol 16 (4) ◽  
pp. 439-457 ◽  
Author(s):  
Lee C. Moerman ◽  
Sandra L. van der Laan
Keyword(s):  
Human Rights ◽  
New South ◽  
Indigenous Rights ◽  
Environmental Issues ◽  
Historical Study ◽  
Corporate Accountability ◽  
Human Rights Abuses ◽  
South Wales ◽  
Corporate Entity ◽  
History Of

This paper documents the history of paternalistic state policies and the effects of asbestos mining on the Indigenous community at Baryulgil in northern New South Wales. Despite the lack of profitability, the asbestos operations continued for over 30 years leaving a legacy of asbestos-related health and environmental issues. The shift of responsibility for Indigenous welfare from the State to a corporate entity is evidenced in this historical study using the lens of historical institutionalism. The Baryulgil case is instructive in a number of ways: it demonstrates the subtlety with which human rights abuses can occur in an environment where paternalistic attitudes towards Indigenous peoples prevail; it demonstrates the clash between pursuit of corporate objectives and human rights; and finally it demonstrates the lack of corporate accountability in the asbestos industry.

Incorporating Rights

2021 ◽  
Author(s):  
Erika George
Keyword(s):  
At Risk ◽  
Human Rights ◽  
Emerging Market ◽  
Codes Of Conduct ◽  
Sustainability Reporting ◽  
Building Blocks ◽  
Alternative Form ◽  
Business Practices ◽  
Corporate Accountability ◽  
Human Rights Abuses

Incorporating Rights: Strategies to Advance Corporate Accountability examines existing and emerging advocacy strategies that could conceivably close a global governance gap that puts human rights at risk and places commercial actors at risk of becoming complicit in human rights abuses when conducting business in emerging market economies and complex environments. Corporate codes of conduct, sustainability reporting, and selected multistakeholder initiatives are presented as the building blocks of a system of soft law that could solidify to become binding baseline standards for better business practices. This book explains the conditions that have given rise to constructive change as well as those methods and mechanisms with promise for ensuring that business enterprises incorporate human rights considerations into business operations. This book explores how capital and consumer markets could provide an additional or alternative form of enforcement to promote responsible business conduct. It provides accounts of the creation of industry sector regulatory instruments and governance institutions arising from allegations of corporate complicity in human rights abuses. It examines how corporate social responsibility initiatives could close the governance gap and how codes of conduct could come to regulate like real rules. This book argues that regulation through information is essential to ensure that corporate conduct will be informed by human rights considerations and implemented consistent with respect for human rights. Where concerned consumers and investors exercise preferences for products that are not associated with abuse and have access to information on corporate performance and risks posed to human rights, there is potential to change corporate conduct. Societal expectations are increasing and evolving.

Achieving Access to Justice in a Business and Human Rights Context

2022 ◽  
Author(s):  
Virginie Rouas
Keyword(s):  
Human Rights ◽  
Multinational Enterprises ◽  
Environmental Damage ◽  
Access To Justice ◽  
Due Diligence ◽  
Corporate Accountability ◽  
Human Rights Abuses ◽  
Business And Human Rights ◽  
Starting Point ◽  
Parent Companies

Multinational enterprises (MNEs) can contribute to economic prosperity and social development in the countries where they operate. At the same time, their activities may directly or indirectly cause harm to humans and to the environment. However, MNEs are rarely held accountable for their involvement in human rights abuses and environmental damage. In recent years, activists have challenged corporate impunity by introducing innovative claims seeking to hold parent companies directly liable for the harm caused by their group’s activities. They have also strategically used this type of litigation to trigger corporate accountability reforms at international, regional, and national levels. Using national litigation experiences as a starting point and focusing on European civil-law countries, the book evaluates the extent to which litigation against MNEs has been effective in achieving access to justice and corporate accountability. It also considers whether ongoing regulatory developments, such as the adoption of mandatory human rights due diligence norms and the negotiations for a business and human rights treaty, can contribute to the realisation of access to justice and corporate accountability in the future.

scholarly journals Human rights disasters, corporate accountability and the state

2016 ◽  
Vol 29 (4) ◽  
pp. 679-704 ◽  
Author(s):  
Javed Siddiqui ◽  
Shahzad Uddin
Keyword(s):  
Human Rights ◽  
Empirical Work ◽  
The State ◽  
Economic Conditions ◽  
Corporate Accountability ◽  
Economic Changes ◽  
Content Type ◽  
Human Rights Abuses ◽  
Guiding Principle ◽  
State Actors

Purpose – The purpose of this paper is to examine the state-business nexus in responses to human rights violations in businesses and questions the efficacy of the UN guiding principles on human rights in businesses, in particular in the ready-made garments (RMG) industry in Bangladesh. Drawing on Cohen’s notion of “denial” and Black’s (2008) legitimacy and accountability relationships of state and non-state actors, the study seeks to explain why such “soft” global regulations remain inadequate. Design/methodology/approach – The empirical work for this paper is based on the authors’ participation in two multiple-stakeholder advisory consultation meetings for the RMG sector in Bangladesh and 11 follow-up interviews. This is supplemented by documentary evidence on human rights disasters, responses of the state and non-state actors and human rights reports published in national and international newspapers. Findings – The paper provides clear evidence that the state-business nexus perpetuates human rights disasters. The study also shows that the Bangladeshi state, ruled by family-led political parties, is more inclined to protect businesses that cause human rights disasters than to ensure human rights in businesses. The economic conditions of the RMG industry and accountability and legitimacy relationships between state and non-state actors have provided the necessary background for RMG owners to continue to violate the safety and security of the workplace and maintain inhumane working conditions. Research limitations/implications – Complex state politics, including family, kinship and wealthy supporters, and economic circumstances have serious implications for the efficacy of the UN guiding principle on human rights for business. This paper calls for broader political and economic changes, nationally and internationally. Originality/value – The study highlights the perpetuation of corporate human rights abuses by the state-business nexus, and indicates that human rights issues continue to be ignored through a discourse of denial. This is explained in terms of legitimacy and accountability relationships between state and non-state actors, bounded by complex political and economic conditions.

scholarly journals CSR, human rights abuse and sustainability report accountability

2014 ◽  
Vol 56 (2) ◽  
pp. 136-151 ◽  
Author(s):  
Engobo Emeseh ◽  
Ondotimi Songi
Keyword(s):  
Human Rights ◽  
Significant Contribution ◽  
Corporate Image ◽  
Corporate Accountability ◽  
Content Type ◽  
Human Rights Abuses ◽  
The Public ◽  
Human Rights Abuse ◽  
National Governments ◽  
Sustainability Report

Purpose – CSR within a purely voluntary context has so far not made meaningful contributions to the problem of corporate environmental and human rights abuses in Africa. The paper therefore aims to improve the effectiveness of CSR in the continent by making companies accountable for the veracity of statements they have voluntarily put out in the public domain. Design/methodology/approach – The paper adopts the stakeholder and legitimacy theories and information regulation as its framework of analysis. Following a discourse on the developments in and limitations of sustainability, the paper constructs an argument in line with these theories how these reports can still be utilised to make meaningful contribution towards strengthening CSR through accountability for false and misleading statements. Findings – Corporations have a stake in information in sustainability reports with regard to their corporate image and reputation. Therefore, under the appropriate framework, utilising corporate accountability for false and misleading statements by companies has promise for making CSR more effective. Research limitations/implications – The main limitations of this research is the political will of national governments in Africa to undertake such an exercise and the relative ability of civil society groups in light of the power of corporations to effectively hold them to account through the models proposed. Originality/value – The paper is interdisciplinary, drawing upon both management and legal theories. A significant contribution of this research is its pragmatic approach which goes beyond calling for legal platform for CSR by recommending a model for accountability within the existing voluntary CSR framework.

scholarly journals Oil exploitation and human rights violations in Nigeria’s oil producing communities

Afrika Focus ◽  
2012 ◽  
Vol 25 (2) ◽  
Author(s):  
Olubayo Oluduro
Keyword(s):  
Human Rights ◽  
Legal Framework ◽  
Entire Body ◽  
Corporate Accountability ◽  
Human Rights Abuses ◽  
Weak Institutions ◽  
The People ◽  
National Human ◽  
The Right ◽  
High Level

This work found that the continuous violations of human rights of the people to- gether with the poor regulation of oil MNCs in Nigeria are caused by a combination of several factors including: an inadequate legal framework which denies local inhabitants of their rights to land and natural resources; scant regard for environmental considerations; poor enforcement of the relevant environmental laws meant to protect the people and the environment; the Nigerian state ́s over-reliance on oil; prolonged military rule; a high level of corruption in the oil industry and the entire body polity of Nigeria; non-justiciability of the right to a clean environment; and weak institutions such as the judiciary and the National Human Rights Commission. All of these deficiencies continue to date. Coming at a time when governments worldwide are striving to ensure corporate accountability for their activities in host nations, this work is unique in that it incisively analyses how the national and regional institutions could be strengthened to provide effective protection against human rights abuses and ensure corporate accountability. The strengthening of these institutions and the promotion of a rights-based approach to environmental justice in the Niger Delta region therefore deserves concentrated attention and efforts by all actors in the industry. 

Documents and Source Material

2017 ◽  
Vol 47 (1) ◽  
pp. 1-7
Keyword(s):  
Human Rights ◽  
Source Material ◽  
Human Rights Abuses ◽  
Palestinian Territories ◽  
Source Materials ◽  
Israeli Occupation

This section comprises JPS summaries and links to international, Arab, Israeli, and U.S. documents and source materials from the quarter spanning 16 May-15 November 2017. Fifty years of Israeli occupation was the focus of reports by the UN Office for the Coordination of Humanitarian Affairs (OCHA) and Oxfam that documented the ongoing human rights abuses in the occupied Palestinian territories. Other notable documents include Israeli NGO Gisha and UNSCO reports on the ten-year Gaza siege, Al Jazeera's interactive timeline of the Nakba, and an exchange of letters between the ACLU and U.S. senators on anti-BDS legislation.

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