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UN Performance Problems UN Management Accountability Struggles Where is the Rule of Law? Inadequate UN Oversight Recent Developments
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In July 2000, following up on a proposal which he made to corporate
bigwigs at the World Economic Forum in Davos, Switzerland in 1999, Secretary-General Annan launched a
major new "bold step" in his series of UN reforms and changes. He challenged business leaders to
join a coalition of UN
agencies, labour and civil society to encourage companies to adhere to
nine core principles on human rights, labor rights, and the environment,
based on UN system declarations. The
business partners agreed to publicly advocate this new "Global Compact"
and its principles, to annually report on their progress and "lessons
learned" on a UN Internet website, and to join the UN in related
partnership projects. [United Nations Global
Compact, located
at www.unglobalcompact.org/Portal/Default.asp
This
grand new Global Compact brought conflicting initial reactions. Some observers felt that it was
controversial, but at least gave the United Nations some new independence,
linkages, and a "novel degree" of autonomy. Some UN supporters feared that
UN association with corporations would contaminate the UN's integrity and
undermine its potential to demand and document enforcement of corporate
accountability. However, UN
officials confidently assured the fearful that they can handle these
risks. Business groups supported the new collaboration, but cautioned that
it cannot succeed if it is just a means for the UN to meddle in, and
judge, corporations from on high. William Pfaff, "Annan's new United
Nations is beginning to go its own way", International Herald
Tribune, September 12, 2000, Joshua Karliner and Lenny Bruno,
"The United Nations sits in suspicious company", International Herald
Tribune, August 10, 2000, John Ruggie,"UN's global compact",
response letter in International Herald Tribune, August 16,
2000, and John Ruggie,
"global/governance.net: The Global Compact as learning network", Global
Governance 7 (2001), pp. 371-378. Maria Livanos Cattaui, "Yes to
Annan's 'global compact' if it isn't a license to meddle",
International Herald Tribune, July 26,
2000.
In
January 2001, Secretary-General Annan wrote an article on progress made in
the Global Compact effort in "Rallying firms for UN goals." He noted that
the UN had enlisted more than 300 corporate partners, up from 44 at its
launch and with 1000 expected to endorse the Compact by 2002. UN Assistant-Secretary-General
Michael Doyle explained further in an interview that companies participate
in the Compact as a foundation for a learning network where they can share
"best practices". He judged that "One year in, we've seen the companies
building the kinds of practical and intellectual bridges we [the UN] were
hoping for."
"Doyle said companies participate in the Global Compact by making a
commitment to observe a series of general principles on human rights,
labor relations and environmental protection, and to engage in open
dialogue on how they were doing so. Once their chosen
methods of carrying those guidelines are posted on the Internet,
they are subjected to critiques -- by their own employees as well
as outsiders including human rights and environmental groups and labor
unions." "Rallying firms for UN goals: The
advocate: Kori Annan", in "The global compact: Business and the UN",
International Herald Tribune, January 25, 2001, pp. 11-14,
[emphasis added.] and Irwin Arieff,"Some 300 firms sign
up for global compact", Reuters, July 28, 2001. Outside observers also had
doubts: " … environmental and human rights groups that were participating
in the program from the start said they were nonetheless underwhelmed by
the Global Compact's achievements to date. 'Viewing the program
solely as a learning experience represents a wasted opportunity in
assuring corporate responsibility,' said Arvind Ganesan, the … director of
business and human rights programs for Human Rights Watch. 'The progress
we expected on moving beyond just a learning forum hasn't occurred
yet." Irwin Arieff,"Some 300 firms sign
up for global compact", Reuters, July 28, 2001.
Another expert
suggested in 2004 that the Secretary-General should not squander the
opportunity created, but instead make a much more serious attempt to
produce a series of enforceable rules to regulate corporate human rights
impacts: " … the United Nations must
develop new standards concerning the relationship between corporations and
human rights … [by] drafting a set of principles that is tough on
multinationals … [but] also recognizes the difficulties companies
face.
[This would require] … reasonable
and well-defined limits on the human rights responsibilities of companies
… [with] a more reasonable and fair approach [that] can resolve this
problem and win the support of both businesses and …
(NGOs). … [to elicit] more than just a
public relations response from multinationals
… I would suggest that you begin by
establishing a [multi-year timetable] … [for] a new body of human rights
commitments for multinationals and to also have conceived a means of
enforcement to ensure compliance -- a U.N. rapporteur, for instance
… Drafting should be … [done] by a
small group of carefully-selected experts from [business, NGOs, labor, and
the UN, and drawn equally from North and
South.] Assuming that the principles
adequately address their interests and worries, … [other multinationals
and NGOs should support the new rules … Governments should follow
…. … and take a big step toward
building public trust in globalization and tempering some of its ill
effects." Daniel Litvin, "Needed: A global business Code of Conduct", Foreign Policy, November-December 2003, pp. 68-72 [68, 72]. [Note: Mr. Litvin is the author of Empires of profit: Commerce, conquest, and corporate responsibility, Texere, New York, 2003, and director of Percept Risk and Strategy, a London-based firm that provides analysis to companies on social and ethical issues. [Note: UN Global Compact officials, on behalf of Mr. Annan, declined this interesting action proposal, in favor of the ongoing voluntary initiatives, in "Letters", "The right norms", Foreign Policy,
January-February, 2004.] In 2004, the Global
Compact website reported that, at the first Global Compact Leaders Summit
in 2004: "Secretary-General Annan announced
the addition of a tenth principle against corruption [following] a long
consultation process with all Global Compact participants.
Through the power of collective
action, the Global Compact seeks to advance responsible corporate
citizenship …to help realize the Secretary-General's vision: a more
sustainable and inclusive global economy. Today … hundreds of companies …
are engaged in the Global Compact.
[It] is a direct initiative of the Secretary-General: its staff and
operations are lean and flexible." "Columbia launches Annan's Global Compact for better corporate practices", UN News Service, 27 May 2004. ] [As
this article's very personalized title indicates, and of some concern as
Mr. Annan nears the end of his second term as Secretary-General, it seems
to be somewhat unclear whether the Global
Compact is a UN project or a personal project of Mr. Annan.]
In fact, the Global
Compact summit of 2004 appears to have had a few rough
edges: "Firms joining the compact are
expected to make a 'sincere effort' to aspire to [its nine] principles. …
In return, the UN blesses member companies and helps to publicize their
good deeds.
… [But] American firms [do not]
have the same sort of warm and fuzzy feelings towards Mr. Annan or the UN
that foreign ones tend to harbour … Of the 1,400 companies [in] .. the
compact so far, say UN officials, a paltry 4.5% come from
America. This may now be changing … After a
three-year effort by the UN and the American Bar Association, American
companies can commit to the principles using a letter, full of legal
boilerplate, which shields them from lawsuits based on claims that they
have failed to live up to the compact … and American companies … have
rushed to sign up. As the compact prepares to
celebrate this bit of creative lawyering, … a coalition of NGOs … is
holding a 'counter-summit' ...
[arguing] that the compact is 'little but a public-relations cover
for global corporate malefactors.'
The first item on its agenda?
'Greenwash, bluewash, and the corporate takeover of the UN.' Maybe Mr. Annan too needs some
legal protection." "Corporate social responsibility: Bluewashed and boilerplated",
The Economist, June 19th, 2004, p. 69.
The
schoolmasterish UN blessing of the corporate participants in the Global
Compact, despite its own exemption from any national laws -- especially
the tough ones that are sending US and other multinational executives to
jail -- is of course extremely hypocritical. However,
other reporting from this grand summit meeting stated that Mr. Annan had
requested the UN's top manager to establish working groups to make sure
that the UN integrates the Compact principles into its own operations.
“The United Nations today said it
was undertaking an effort to integrate the principles of the Global
Compact -- which promote better corporate
practices in human rights, labour and the environment – into its own internal operations.
… In a letter addressed to UN staff,
… [USG for Management] Catherine Bertini observed that ‘the United Nations
should always lead by example, and be ready to comply with the same
requests it makes of others.’ She said that ‘although the United
Nations does not knowingly contravene the Compact’s principles in its
administrative practices, the Organization could and should be far
more explicit in integrating the principles into its administrative
processes.’ [When Secretary-General Annan]
launched the Global Compact in 1999 … the United Nations considered
whether any changes in its own managerial and administrative practices
would be necessary and decided that only a limited number of steps were
required, primarily an effort to educate potential suppliers to the .. [UN
about the compact and its principles], Ms. Bertini
said.” “UN to align managerial practices more closely with Global Compact”, UN News Centre, 28 June 2004. [emphasis added.] [Note: It will indeed
be interesting to see how, or if, the UN does explicitly assess and report
on the extent to which its own operations match up with the Compact
principles – especially in the human rights and labor relations areas –
and how it will act to improve any defects that exist, alongside the
actions consistently sought from Global Compact participants.]
This
seems like a golden opportunity to end the UN hypocrisy, but such UN
working groups are usually just for show. Instead, the UN could indeed
inspire the other Compact participants by acting, as Mr. Doyle said in
2001 as cited above, to subject
itself: "to critiques -- by their [its] own employees as well as outsiders
including human rights and environmental groups and labor unions."
The
many problems discussed throughout this archive and the critical views of
UN staff in 2004 about UN integrity, leadership, accountability, and
corruption-fighting problems, suggest that the UN is more than ripe for
such outside critiques itself, especially concerning the two Global
Compact principles on human rights: "Human
Rights Principle 1. Businesses [in this case the UN]
should support and respect the
protection of internationally proclaimed human rights;
and Principle 2. make sure they are not
complicit in human rights
abuses." [United Nations Global
Compact, "The ten
principles", located at www.unglobalcompact.org/Portal/Default.asp .]
Meanwhile, as the UN
dithers, at least some major multinationals seem ready to move ahead much
more firmly. “The financial sector is being
increasingly scrutinized for its rule in funding projects associated with
human rights abuses … The issue is rising on the
corporate agenda although there is little consensus on how the risks can
be managed, the report, by F&C Asset Management and KPMG,
said. Nine institutions took part in the
survey, which identified concerns including employee rights, staff
security, litigation, loan default and risks to reputation. ‘We are concerned about the
reputational risks lenders may incur through their association with
controversial clients and projects’ … said Karina Litvack, head of
governance and socially responsible investment at F&C Asset
Management. … in the United States,
international financial services institutions have been taken to court
over their alleged past roles in the former apartheid regime in South
Africa. The report said that companies
should develop a comprehensive human rights policy, communicate it to
staff and investors and ensure that senior executives are accountable for
enforcement.” “Briefcase: Rights become a corporate issue,” Reuters, International Herald Tribune, October 30-31, 2004. [Note:
At the UN -- the “home” of
human rights -- where are the detailed surveys,
their wide dissemination, and the firm accountability obligations of Secretariat senior officials? For that matter, who is the UN
senior official solely responsible for governance and socially responsible
operations?]
"As companies increasingly
recognize that good corporate governance can enhance their reputations and
reduce business and legal risks, there is also a growing interest in
indices and standards that measure best practice which investors can use
and trust. This report looks at the new FTSE/ISS index which aims to
calculate which markets have the most well-governed
companies. The key
issues: §
US: The
struggle to control corporate America can be viewed as a battle between
the private and public sector -- and between the regulators and the
regulated. §
Europe:
Auditors are a major line of defense. §
Asia:
Scandal has put the spotlight on
deficiencies. §
Corporate responsibility: effective boards and well-managed
companies go beyond mere box-ticking to face key issues that influence the
heart of corporate culture." "At a
glance" summary of a special report by the Financial Times (UK),
"Focus on fresh ways to measure best practice that investors can use and
trust", December 15, 2004, 4 pp. [Note:
the full Special Report is also on
FT.com at www.ft.com/corpgov2004.]
IO Watch believes that the creation of a new UN Human rights ombudsman, proposed a
decade ago by Erskine Childers and Brian Urquhart but never acted upon,
would be a most excellent way for UN senior officials to show that they
stand fearlessly shoulder-to-shoulder with their corporate "partners"
(although not in any court of law) in honoring Global Compact (and UN)
principles. This topic is
discussed further under Where is the Rule of
Law?. |
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