RESEARCH COLLOQUIUM ON HUMAN RIGHTS AND INTERNATIONAL BUSINESS IN A GLOBAL ECONOMY
SPRING 2002
Professor J. Paul Martin
| Lecture: Th 4:00pm-6:00pm | Room: TBA |
Instructors:
J. Paul Martin
Office: 854-2479
Email: [email protected]
Office Hours: by appointment
Marcela Manubens
Office: 1108 IAB
Email: [email protected]
Office Hours: 6-7 Thursdays
Additional Visiting Lecturers
Prerequisites:
International Law, equivalent course or experience
Have taken International Economics I
Have taken or be taking International Economics II and International Human Rights or their equivalents
Permission of Dr. Martin
Educational Objectives of the Course
This course is designed to prepare graduate students in international affairs and other disciplines to incorporate international human rights standards and ethical business practices into the design, implementation and evaluation of multi-national business activities, especially in developing countries. It will emphasize research skills and the design of innovative ways to improve relationships and promote active cooperation among governments, local organizations, international NGOs and the international corporations in order to maximize political and economic development benefits.
The promotion of human rights in developing countries requires multiple skills and insights. Substantial differences in the potential and functions of the actors (corporations, governments, NGOs etc.) are further conditioned by complex local factors impose critical choices. Special attention will thus be paid to skills and data needed to develop effective research and planning. Research will draw on different disciplines, notably economics, law, and ethics.
The following major concepts will be covered during the course:
Human Rights Principles and their Application:
To gain a substantive and theoretical knowledge of international human rights, including familiarity with the preparation and evaluation of human rights reports and with the major human rights monitoring methods and systems;
To gain a multidisciplinary understanding of the social, political and economic context of, and potential remedial actions for, human rights violations in the context of international business;
To gain an understanding of the basic principles of international human rights law and legal institutions, including the ability to enunciate a position on the universalist and cultural relativist debates and ways to promote South-South dialogue on the definition and promotion of human rights;
To gain a knowledge of the role that human rights plays in current debates and processes associated with political and economic development and the promotion of civil society, including the work of local and international NGOs;
To gain a knowledge of basic CSR advocacy processes and familiarity with their use in both the domestic and international arena.
To examine the role of the United Nations and its human rights processes as well as ways to utilize the system to protect human rights endangered by new economic forces;
To understand the human rights and other components of international codes of conduct.
Research, Project Planning and Evaluation:
To gain an understanding of the basic skills that encompass planning, design and evaluation of human rights monitoring and social auditing, including economic indicators;
To gain an understanding of and competence in the use of different monitoring and evaluation systems (needs assessment, goal setting, strategy development, personnel and materials selection and development, assessment of outcomes and program evaluation);
To gain an understanding of measurement and auditing tools used in measuring the social impact of corporate activities on local populations;
To gain an understanding of the role and function of multinational corporations in the globalization process as well as in domestic economies and politics;
To gain an understanding of the main factors and processes of corporate strategic thinking and planning in association with human rights and social responsibility.
To prepare carefully reasoned and documented reports and policy papers.
To learn consultant skills through interaction with corporate officials
Recommended to buy:
CSHR. 1994. Twenty-Five Human Rights Documents. New York: Center for the Study of Human Rights (available at the Center for the Study of Human Rights).
Sen, Amartya K. 1999. Development as Freedom. New York: Knopf.
UNDP. 2000. Human Development Report 2000. New York: Oxford University Press. (excerpts ##)
Frankental, Peter & Frances House. 2000. Human Rights: Is it any of Your Business. London: Amnesty
International and the Prince of Wales Business Leaders Forum.
Avery, Chris. 1999. Business and Human Rights in a Time of Change. Online at http:/www.business-humanrights.org/Chapter1.htm
Additional Readings:
Addo Michael K., Ed. 1999. Human Rights Standards and the Responsibility of Transnational Corporations.
The Hague; Boston: Kluwer Law International.
Biersteker, Thomas J. 1978. Distortion or Development?: Contending Perspectives on Multinational
Corporation. Cambridge, Mass.: MIT Press.
Bossuyt, Jean, Capacity Development: How can Donors do it Better?, ECDPM Policy management Brief #5, September 1995 @ www.oneworld.org/ecdpm/pmb/
Compa, Lance A. & Stephen F. Diamond, Eds., 1996. Human Rights, Labor Rights and International Trade
Philadelphia. University of Pennsylvania Press, pp.22-47
Dieng, Adama Ed., 1999. "Globalization, Human Rights and the Rule of Law," The Review of the International Commission of Journalists, No. 61, especially Laurence Dubin, "The Direct Application of Human Rights Standards to, and by, Transnational Corporations." pp 35-66.
Frey, Barbara A. 1997. "The Legal and Ethical Responsibilities of Transnational Corporations in the Protection of International Human Rights." Minnesota Journal on Global Trade. Vol.6, no.153:152-188. ##
Gladwin, Thomas and Walter, Ingo, Multinationals under Fire, Lessons in the Management of Conflict, John Wiley, 1980.
Human Rights Watch. 1999. The Enron Corporation: Corporate Complicity in Human Rights Violations. New York: Human Rights Watch.
Office of UNHCR. 2000. Business and Human Rights, A Progress Report. Geneva: UNHCR (January): 3-33. ##
IHS. 1999. Peduli Hak: Caring for Rights, Jakarta: Insan Hitawasana Sejahtera, (October):1(43) ##
FLA Materials ##
Hodges, Adrian, Everybody’s Business, (soon to be available in the USA)
Lawyers Committee for Human Rights. 1993. The World Bank: Governance and Human Rights. New York: Lawyers Committee for Human Rights (August): pp.1-82.
Meyer, William. 1998. Human Rights and International Political Economy in the Third World Nations: Multinational Corporations, Foreign Aid, and Repression. Westport, Conn.: Praeger.
OECD, Corporate Social Responsibility, Partners for Progress, OECD 2001
Nelson, Jane The Business of Peace, International Alert, C.E.P. and Prince of wales Business Forum, 2000
Orentlicher, Diane & Timothy Gelatt. "Public Law, Private Actors: The Impact of Human Rights on Business."
1993. "Investors in China." N.W. Journal of International Law and Business, 66 :96-102.
Peterson, Kurt. 1992. "The Maquiladora Revolution in Guatemala." Occasional Paper Series (Orville H. Schell Jr., Center for International Human Rights); 2. New Haven: Yale Law School.
Rosenbaum, Ruth et al., Making the Invisible Visible: A Study of the Purchasing Power of Maqila Workers in Mexico, 2000, Interfaith Center for Corporate Responsibility et al.
Tavis, Lee A. 1988. Multinational Managers and Host Government Interactions. Notre Dame, Ind.: University of Notre Dame Press.
Schoenberger, Karl. 2000. "Levi's Children: Coming to Terms with Human Rights in the Global Marketplace." New York: Atlantic Monthly Press.
Utting, Peter. 2000. Business Responsibility for Sustainable Development. Occasional Paper No.2 (January), Geneva: UN Research Institute for Social Development. ##
International Human Rights Internship Program. 2000. Circle of Rights: Economic, Social & Cultural Rights Activism: A Training Resource. Washington, DC: IHRIP & Forum-Asia. Excerpt ##
Occasional Reports published by:
Business for Social Responsibility
Human Rights Watch
Amnesty International
Transparency International
US Department of Labor, Bureau of International Labor Affairs: e.g.:
"Wages, Benefits Poverty Line and Meeting Workers' Needs in the Apparel and Footwear Industries of Selected Countries" February 2000
"By the Sweat and Toil of Children, Efforts to Eliminate Child Labor" 1998
Useful Websites:
Business for Social Responsibility: www.bsr.org
Fair Labor Association: www.fairlabor.org
Council on Economic Priorities: www.cepaa.org and www.cepnyc.org
Prince of Wales Business Forum: [email protected]
Ethical Trading Initiative: [email protected]
Human Rights Watch: www.hrw.org
Amnesty International: www.amnesty.org
International Labor Organization: www.ilo.org
Ethical Trading Initiative (UK): www.ethicaltrade.org
Minority Rights Group International: www.minorityrights.org
GoodWorks International: www.goodworksintl.com
Course Requirements:
Students will be required to:
Participate in three segments:
Spring preparatory seminar, including out of class preparation preparing work plan for summer project (3 credits)
Summer field research (internship credits)
Fall writing seminar (3 credits)
Complete all assigned readings and participate in classroom discussions
Make at least the following classroom presentations: research design, team case study, field report, and outline of final paper.
Prepare by December 3, 2002 a final paper "ready for publication."
Summer Field Research
Research will focus on examining, and/or recommending making adjustments to, the impact of MNC in a developing country, although other placements compatible with the goals of the course will be considered. Research will cover one or more of the following: working conditions; compliance with international human rights and other codes and standards; in-house monitoring and redress mechanisms; relations with local communities and government officials; ecological and environmental concerns; and conformity to local laws and standards. Research will take place in one of the following three sectors:
1. Clothing and footwear
2. Extractive industries
3. Pharmaceutical
Participant Evaluation Criteria (Grading):
1. Spring Semester: Level of class participation, knowledge of readings (50%); research plan and field preparation (50%)
2. Summer research: Implementation and adjustments to field work plan and local conditions
3. Fall Semester: Level of class participation and contributions to others' papers (50%) and final paper, preparation, discussion and finalized text by November 29. (50%)
Schedule
I. Spring Semester
Thursday January 24
Topic: Introduction (MM PM)
Discussion and agreement on course goals and schedule: reconciling above objectives with student needs/interests etc.
Designation of responsibilities and appointment of student teams.
Documentary Resources
Reading:
Report on last year’s 2001 Colloquium (available by email and in room 1108
IAB)
Thursday January 31 (PM)
Topic: International Human Rights and the Corporate World
Readings:
Frey (1997) - selections
Schoenberger - pp 5-37, 133-154
Spar, Debora L. 1998. "The Spotlight on the Bottom Line: How Multinationals Export Human Rights." Foreign Affairs Vol.77, no.2 (March-April):7(6)
Business and Human Rights: A Progress Report. UNHCHR
Human Rights Dialogue, Fall 2000, 2,4 Codes of Conduct Debate
Recommended:
UNDP 2000, pp. 1-43
Shell, Business and Human Rights, A Management Primer
Thursday February 7 (MM)
Topic: CSR and the Emerging Corporation
Readings:
Business for Social Responsibility, "Comparison of Workplace Standards: FLA, WRAP, SA 8000, and ETI."
Business for Social Responsibility, "Comparison of Monitoring Programs: FLA, RAP, SA 8000, and ETI."
Fair Labor Association, Workplace Code of Conduct, Monitoring and Compliance and Accreditation Procedures (www.fairlabor.org/html/amendctr.html)
Social Accountability International - SA 8000, Code of Conduct and Certification program (www.cepaa.org)
Sullivan Principles (http://sullivanprinciples.org)
Global Compact (www.unglobalcompact.org)
Everybody’s Business, Grayson and Hodges, p.94 to 204
Thursday February 14 (MM)
Topic: CSR Organizations and their Strategies (Guest speaker: A. Hodges, Prince
of Wales)
Readings:
UNDP 2000, p.56-72.
Banfield, Jessie. 1998. "The Corporate Responsibility Debate." African Business no.237, (November): 30(2) 1999.
"Bringing down Niketown - Consumer can help, but only unions and labor laws will end sweatshops." The Nation (June 7)
Frankental & Frances, p.94-111
Coverco, Coffee Workers in Guatemala, February 2000
Prince of Wales International Business Leaders Forum: Corporate Social Responsibility Forum (www.iblf.org): CSR Road Map - CSR by Theme.
Thursday February 21 (PM)
Topic: The Evolution of Corporate S. R. Strategies in the Oil Industry (Guest
Speaker: Heinz Rothermund, Shell)
Readings:
Richard E. Caves, Multinational in Developing Countries
Jedrzej Georges Frynas, Political Instability and Business, Focus on Shell in Nigeria
Amaewhule, Wey. 1997. "Oil Companies, Communities, and Social Responsibility." Training & Development Vol.51, no.7 (July): 53(2)
Thursday February 28 (PM and MM)
Topic: Rights-Based Development and the Private Sector
Readings:
Research Template (PM)
Paul Martin, Rights-based Development
Frankental & Frances (2000), p.21-60
Utting (2000), p.1-39 ##
Spar, Debora. 1999. "Foreign Investment and Human Rights." Challenge Vol.42, issue 1 (Jan- Feb): 55(2)
Shell. 1999. "Indigenous People: A Management Primer." (July): 3(45)
McGrath, Robert Hitchcock. 1977. "Indigenous People, Multinational Corporations, and Human Rights." Indigenous Affairs, p 6-11
Parong, Aurora. 1998. "Democratizing Development in the Philippines and South-East Asia." Trocaire Development Review, pp 65-83
Michael Warner, Natural Resources Cluster
Thursday March 7 (MM)
Topic: Monitoring and Compliance: Methods and Goals, Guest Speaker R. Rankin)
Readings
BSR Education Fund. 1999. Codes of Conduct from Selected Apparel, Footwear, Energy, Toy and Retail Companies.
BSR, Resources, Human Rights section: all subsections (www.bsr.org)
BSR Education Fund. "Gathering Information from Workers: A Practical Guide for Monitors”
2000. "A Life of Fines and Beating: Wal-Mart's self-policing in a Chinese sweatshop was a disaster. What kind of monitoring system works?" Dexter Roberts in Zhongshan and Aaron Bernstein in Washington; Business Week, New York; (October 2) Issue. 3701; Industrial/technology edition:122
Frankental & Frances p.67-90
Peduli Hak ##
UNDP 2000, p.89-111
Thursday March 14 (PM)
Topic: The International Organizations: UNDP. ILO and World Bank
Readings
UNDP 2000 pp. 56-72, 112-128
UN Interagency Workshop on Implementing a Human Rights Approach in the Context of UN Reform Karliner, Joshua. 1999. "Co-opting the UN." The Ecologist Vol.29, issue 5 (August-Sep): 318(4)
World Bank, World Development Report 2000/2001, Attacking Poverty
MID-SEMESTER BREAK MARCH 18-22
Thursday March 29 (PM)
Case Study #1 Development and Revenue Management: Chad Pipeline
Readings:
Genoveva Hernandez Uris, To Lend or Not to Lend: Oil, Human Rights and the World Bank’s internal Contradictions.
Additional readings on website to be announced.
Thursday April 4 (MM)
Case Study #2 The Maquila Industry in Central America
Readings:
Peterson, Kurt “The Maquiladora Revolution in Guatemala”
Rosenbaum, Ruth et al., Making the Invisible Visible: A Study of the Purchasing Power of Maquila Workers in Mexico, 2000. Interfaith Center for Corporate Responsibility.
US Dpt of Labor , Bureau of International Affairs: “Wages, Benefits Poverty Line and Meeting Workers’ Needs in the Apparel and Footwear Industries of Selected Countries.” 2000
TBD
Thursday April 11 (PM)
Case Study # 3: Intellectual Property and the Pharmaceutical and Biotech
Industries
Readings:
TBD
Thursday April 18 (MM)
Case Study # 4: International Codes and Local Practices: S. Asia
Readings:
TBD
Thursday April 25 (Students)
Brief Presentations of Pre-Approved Summer Research Plans and Group discussion of anticipated problems Drafts must be emailed to instructors and students by noon Tuesday 23 April.
Thursday May 2 (MM & PM)
Client Relations, Human Rights as Good Public Relations and Ethics in the Field
Final Discussions and Problem Solving
Considering Culture
Readings
Grayson and Hodges, Everybody’s Business, p. 208-301
"Moral Person and Moral Manager: How Executives Develop a reputation for Ethical Leadership" Linda Klebe Trevino, Laura Pincus Hartman and Michael Brown.
II. Summer Field Research (Minimum 1 month in field, Credits through fieldwork office)
III. Fall Semester (3 credits)
This draft outline will be revised and readings added on the basis of the summer case studies.
Thursday September 5
Oral Presentations of Initial Written Reports on Research by each Student I
Thursday September 12
Oral Presentations of Initial Written Reports on Research by each Student II
Thursday September 19
Oral Presentations III
Thursday September 26
Topic: Evaluating CSR Reports: Structure and Putative Causalities
Readings
Recent reports by NGO's and Auditing Companies
Recent reports by Companies
Human Rights Watch, 1999, The Enron Corporation: Corporate Complicity in Human Rights Violations
Liability for Environmental Damage and the World Bank's Chad Cameroon Oil Pipeline Project, NC-IUCN Symposium, February 2000
How Do We Stand People, Planet and Profits. Shell Corporation, 2000 Principles for Global Corporate responsibility: Benchmarks for Measuring Business Performance, Interfaith Center for Corporate Responsibility, 1998
Thursday October 3
Expert Presentation
Readings:
Thursday October 10
Expert Presentation
Readings:
Thursday October 17
Expert Presentation
Readings
Thursday October 24
Oral Presentations of Complete Written Reports/Case Studies to Expert Judges I
(emailed to members of colloquium and judges prior to previous Tuesday)
Thursday October 31
Oral Presentations of Complete Written Reports/Case Studies to Expert Judges II
(emailed as above)
Thursday November 7
Oral Presentations of Complete Written Reports/Case Studies to Expert Judges III
(emailed as above)
Thursday November 14
Oral Reports of Complete Written Reports/Presentations to Expert Judges IV
(emailed as above)
Friday November 21
Finalized Texts Required
Thursday November 28
Course Evaluation and Discussion of Draft Summary Report.
Review of Colloquium
The instructors will prepare a final report on a) the process of the seminar and b) the content of the research conclusions and lessons learned. All written reports will be shared with the groups and institutions in the US and overseas who have cooperated in the colloquium. The 2001 report is available on request.