Overview of the OGEL-CEPMLP Database of Voluntary Guidelines and Related Primary Soft-Law Material
27 October 2004
by Aminu Kabir
Voluntary codes dates back to the beginning of the twentieth century and have multiplied in greater numbers over the last twenty years. They originally emerged due to shareholder and consumer interest in corporate behaviour, but have more recently proliferated with special focus on socioeconomic and environmental issues particularly in the extractive industries sector. They have now become an integrated aspect of the international drive towards transparency and accountability of business activities and a way of monitoring how businesses perform against benign environmental, ethical and social indices. At present voluntary codes are seen as the main instruments and necessary components of corporate social responsibility and good corporate governance campaign that business must face up to the challenge that they offer.
What seemed initially as an industry initiative has now attracted the attention and proactive response of international organisations- the United nations, regional organisations like European Union, OECD and their like; international institutions- the World Bank; reputable Non governmental Organisations and National governments have in various ways made immense contributions seeking to regulate international corporate business and instil social responsibility and ethical behaviour to the business world.
Since the introduction of codes of conduct to business, they have been held as guidelines voluntarily incorporated into corporate policies. They have gone along way in changing corporate behaviour and are gradually assuming legal weight- soft law status, which companies cannot simply wish away or disregard the business and operational standards prescribed. Compliant companies are already attesting to the business and social benefits realisable, and the value added to their business and general profitability.
Most codes use aspirational language ("strive", "seek", "work towards", "try to minimise", "give proper regard to") or set out broad values, such as business integrity, openness, enriching the community, treating people with dignity and respect, or conducting business responsibly. A few codes, however, also express clear, blanket commitments to implement some prescribed obligation or responsibility. Most contain at least some quite specific commitments about the company's conduct towards groups with which it has a direct connection, such as employees, sub-contractors, suppliers and host governments. By and large, the following are some of the major sources and areas covered by the codes:
- It is common knowledge that some business practices have environmental implications. Mining, logging, oil drilling, chemical production and waste disposal projects all have potential to disrupt or harm ecosystems and the natural environment. By damaging the environment, such activities often negatively affect the rights of people particularly in the areas of their culture, the nature of their economy or their socio-economic status. International human rights instruments contain few specific provisions relating to the environment, but often leaves a lot of gaps and voluntary codes have been used to block up such gaps.
- OECD Guidelines set out standards of practice for multinationals covering disclosure of information, workers' rights and industrial relations, environmental protection, bribery, consumer interests, science and technology, ensuring competition and payment of taxation Including the addition introduced in 2000 revision that added a general statement that said that multinationals should respect human rights.
- Tripartite Declaration of Principles Concerning Multinational Enterprises and Social Policy directed at multinationals, as well as governments and employers' and workers' organisations. The Declaration covers employment issues such as non-discrimination, security of employment, training, wages, benefits and working conditions, health and safety, freedom of association and the right to organise aimed at guiding labour relations i the conduct of business
- There are similarly a set of UN-endorsed norms or principles for businesses, clearly and unambiguously worded, recognising the benefits that companies bring, but also the harm they can do if such norms or principles are disregarded in practice, would be of immense value to companies themselves, to investors, and also to the wider public and market forces which would have a measure against which to judge and influence.
- Industry initiated corporate social responsibility guidelines set out to instill ethical behaviour in business applicable to companies, employees, suppliers and all other stakeholders in business.
INTER-GOVERNMENTAL CODES
- Convention on Combating Bribery of Foreign Public Officials in International Business Transactions
- The OECD Guidelines for Multinational Enterprises: Text, Commentary and Clarifications
- OECD Principles of Corporate Governance - (Draft revised text, January 2004)
- Convention (No. 169) concerning Indigenous and Tribal Peoples in Independent Countries
- Tripartite Declaration of Principles Concerning Multinational Enterprises and Social Policy
- ILO DECLARATION OF FUNDAMENTAL PRINCIPLES AND RIGHTS AT WORK (1998)
- ICFTU/ITS BASIC CODE OF LABOR PRACTICE (BRUSSELS DECEMBER 1997)
- THE INTER AMERICAN (OAS) CONVENTION AGAINST BRIBERY (March 29 1996)
- THE ASIAN PACIFIC ECONOMIC COOPERATION FORUM BUSINESS CODE OF CONDUCT (1999)
EU INITIATIVES
- Report on EU standards for European Enterprises operating in developing countries: towards a European Code of Conduct
- Promoting a European framework for Corporate Social Responsibility - EC Green Paper
- Convention for the Protection of Human Rights and Fundamental Freedoms as amended by Protocol No. 11
UN Initiatives
- The Johannesburg Declaration on Sustainable Development
- Draft Commentary on the Norms of Responsibility of Transnational Corporations and Other Business Enterprises with Regard to Human Rights
- Draft United Nations Code of Conduct on Transnational Corporations
- Draft Commentary on the Norms of Responsibility of Transnational Corporations and Other Business Enterprises with Regard to Human Rights
- Revised United Nations Model Double Taxation Convention Between Developed and Developing Countries
- The Set of Multilaterally Agreed Equitable Principles and Rules for the Control of Restrictive Business Practices and Resolution Adopted By the Conference Strengthening the Implementation of the Set
- United Nations Code of Conduct for Law Enforcement Officials
- UN Declaration on Human Rights Defenders
- Global Compact's nine principles
- Guidelines on Cooperation between the United Nations and the Business Community
- The UN Human Rights Norms for Business: Towards Legal Accountability
- New draft UN Norms provide guidelines for business - The human rights responsibilities of companies
- Draft UN Convention against corruption (May 2003)
- Draft United Nations declaration on the rights of indigenous peoples
- Draft Universal Human Rights guidelines for companies
NON-GOVERNMENTAL CODES (NGOa)
- Human Rights Principles for Companies
- Principles for the Conduct of Company Operations Within the Oil and Gas Industry
- Business Principles for Countering Bribery
- Social Accountability 8000
- Assurance Standard AA1000
- AccountAbility 1000 (AA1000) framework - Standards, guidelines and professional qualification
- The Global Sullivan Principles of Social Responsibility
- THE SOCIAL VENTURE NETWORK STANDARDS OF CORPORATE SOCIAL REPONSIBILTY (1999)
INDUSTRY INITIATIVE
- Petroleum Industry Guidelines for Reporting Greenhouse Gas Emissions
- IPIECA Human Rights Status Report - May 2004
- FAIR LABOR ASSOCIATION WORKSHOP CODE OF CONDUCT (1990)
MULTILATERAL INSTITUTIONS
- A Guidelines on the Treatment of Foreign Direct Investment (Shortened version)
- The World Bank Operation Manual - Operational Directive
- World Bank Group Indigenous Peoples Draft Operational Policies
BUSINESS CHARTERS
- International Conference for Renewable Energies - Political Declaration
- Doing Business with the Poor: A Field Guide
- The CERES Principles
- The Caux Round Table Principles for Business
- The Business Charter for Sustainable Development
- ICC's Rules on Extortion and Bribery in International Business Transactions 1977 (Revised 1999)
MULTI-STAKEHOLDER INITIATIVES
- Sustainability Reporting Guidelines 2002
- The 'Equator Principles'
THE ETHICAL TRADING INITIATIVES (ETI)
- Revised Draft Reporting Guidelines Extractive Industries Transparency Initiative 23 May 2003
OTHER INITIATIVES
- THE CLARKSON PRINCIPLES OF STAKEHOLDER MANAGEMENT
- AN INTERFAITH DECLARATION 1993 (a code of ethics on international business for Christians, Muslims and Jews)
- THE TASK FORCE ON THE CHURCHES AND CORPORATE RESPONSIBILITY PRINCIPLES FOR GLOBAL CORPORATE RESPONSIBILTY 1995 (REVISED 1998)
Corporate Social Responsibility
These voluntary codes are published in OGEL 4 (2004), which has a comprehensive special issue on "soft" regulation of oil, gas and energy activities focusing on corporate social responsibility, codes, guidelines, standards and authoritative and influential soft-law rules. Lawyers and regulators in the field have to know the applicable law; but moreover, they now have to be familiar with the emerging, and sometimes difficult to identify, soft-law rules emerging from international organisations, professional associations, "civil society", industry self-regulation and other relevant sources of authority.
These have sometimes a direct legal effect - if incorporated or referred to in "hard" legal instruments such as laws, regulations, treaties and contracts. They also can have an indirect legal effect - such as when they define standards of liability or help to interpret open-ended formulations in international treaties, contracts of regulation. Lastly, they also define the expectations against which companies are measured - expectations that play a role in negotiations with governments, local communities, financing institutions, NGOs or that define the ambiguous concept of the "social license to operate".
This special issue was prepared by Christine Batruch, Vice President, Corporate Responsibility, Lundin Petroleum AB and Ayesha Dias, Consultant on Human Rights and Access to Justice (Bureau of Development Policy, UNDP, New York) and Course Director on Human Rights and Natural Resources Industry (CEPMLP), University of Dundee.
SPECIAL FEATURE: CORPORATE SOCIAL RESPONSIBILITY
- Introduction to OGEL's special CSR edition
by C. Batruch, Lundin Petroleum AB
- Oil and Human Rights
by G. Chandler
- Critical perspectives on Oil and Human Rights
by S.S. Thorsen, Lawhouse.dk
- CSR in a Globalizing World Economy
by J. Dunning , University of Reading
- Corporate Responsibility: A New Challenge
by G. Rachadell de Delgado, Macleod Dixon, S.C.
by N. Vojvodic, Macleod Dixon, S.C.
- Good Governance, Business and Human Rights in Energy Exporting Developing
Countries: a Supreme Challenge for Corporate Social Responsibility and Corporate
Accountability.
by A. Dias, Bureau for Development Policy (Democratic Governance) UNDP
by B.O.N. Nwete, Centre for Energy, Petroleum, Mineral Law and Policy (CEMLP)
- Social Responsibility of Multinational Oil Companies and the Challenge of
Local Communities - Any Prospects for Reconciliation?
by O. Arowolo
- Public - Private Partnerships in the Humanitarian Sector: An overview
by H. Shishtawy, UN office for the Coordination of Humanitarian Affairs
- Corporate Social Responsibility and Development: A False Promise
by J.G. Frynas, Birmingham Business School
- Tackling gaps in the corporate social responsibility agenda: linking good
governance, corporate responsibility and corporate accountability
by T. Bigg, IIED
by H. Ward , IIED
- CSR and the Oil Industry - a Worm's Eye View
by J. O'Reilly
- CSR From a Company Perspective: Interview of Caspar Ridley, Head of External
Relations and Policy, Shell International Limited
by C. Batruch, Lundin Petroleum AB
- Transnational Corporations and the BTC Pipeline Project: Any Hope for Human
Rights and Sustainable Development?
by B.O.N. Nwete, Centre for Energy, Petroleum, Mineral Law and Policy (CEMLP)
- Corporate Governance Indian Legal Perspective
by K. Singhania, Singhania & Company
- Corporate Social Responsibility: A Developmental Perspective
by A. Singh, University of Cambridge
- Stuck in the Past - Energy, Environment and Poverty in Serbia and
Montenegro
by A. Kovacevic, UNDP Serbia and Montenegro
- Storm Prevention: Why Companies Should Support the UN
by J. Bendell, Independent Consultant
- Current Human Rights Issues in the Extractive Industries
by A. Ganesan, Human Rights Watch
- The Role of International "Soft Law" in Natural Resources and Energy
Investment
by T.W. Wälde, CEPMLP, University of Dundee
- Update on the Global Compact
by U.A. Wynhoven, Global Compact Office, United Nations
- Conflict-Sensitive Business Practice: Towards the Integration of Conflict
Assessment and Prevention in Extractive Industry Practice
by R. Goldwyn, International Alert
by J. Switzer, IISD
- Overview of the OGEL-CEPMLP Database of Voluntary Guidelines and Related
Primary Soft-Law Materials
by A. Kabir, Centre for Energy, Petroleum, Mineral Law and Policy (CEMLP)
- First to Know - Robust Internal Reporting Programs
by TRACE, www.traceinternational.org
by International Business Leader Forum, www.pwblf.org
by ISIS Asset Management, www.isisam.com
- Business & Human Rights Resource Centre: A free online tool for
companies
by Business & Human Rights Resource Centre, www.business-humanrights.org
- Corporate Code of Conduct Bill 2000
- Corporate Code of Conduct Bill 2004 - Exposure Draft
- NGO's Working in the Oil, Gas, and Energy Sector
by M.A. Orellana, Center for International Environmental Law (CIEL)
by S. Aminzadeh, Center for International Environmental Law (CIEL)
You can find a complete table of contents here.
More news in the archive.