1. University of Antwerp The application of human rights in oppressive/dictatorial countries and its consequences for investment policies Philip Nauwelaerts

2. University of Antwerp Globalization since 1989 1989 Glasnost / Tienanmen Global Company Investment New responsibilities ILO UDHR Bedrijven en mensenrechten

3. University of Antwerp Some examples Oil and land rights in Peru - Amazonian Indians block roads - Petroperu shut pipeline (40.000 barrels each day) - Armed police to clear the road and retake pumping station at Bagua - Police killed by Indians armed with spears and machetes - more than 40 Indians killed - President Alan Garcia: Venezuela and Bolivia behind the violence

4. University of Antwerp -Government produced 99 decrees to speed the implementation of a free-trade agreement with the US. -Government measures intended to allow the development of “unproductive” land in the jungle -Also PERENCO, an Anglo-French oil company, plans to invest up to $ 2 billion, but overlaps a proposed reserve for an Indian tribe

5. University of Antwerp -Some 330.000 Indians are concerned -Peru has a long tradition of conflicts between foreign mining and oil companies against local population. Violent conflict was necessary to resolve the problems -UN Declaration on Indigenous Peoples, voted by Peru, guarantee for control over their traditional land and resources

6. University of Antwerp Shell in Nigeria - June 8th,2009 Shell will pay $ 15.5 million - Shell denies any wrongdoing - oil spills still untended making agriculture impossible - Nigeria more violent now than it was back in the 1990s

7. University of Antwerp -Court battles also possible invoking the “Alien Tort Act” of the US (intended to counter piracy / 1789) -Most lawsuits against big companies settled out of court, setting no clear precedents -Pfizer arranging payout of $ 75 million (meningitis)

8. University of Antwerp D.R. of Congo - some 80 companies on a UN list for corruption or illegal exploitation of natural ressources - payments are not transparant - international protest: many companies left, leaving not necessarily the best - 4-5 million people died due directly or indirectly to conflicts in Congo

9. University of Antwerp Google: censored in China MSN: expelled Zhao Jing from its MSN spaces website on demand of China Yahoo: Shi Tao was betrayed and put in jail for ten years

10. University of Antwerp Accountability for companies Responsibility in the first place with governments, but what if they fail? Human rights as a competitive disadvantage? Need for simple rules instead of a code of conduct UN Human Rights Norms for Business (2003) Rejection by “failed states” and companies No coalition of the willing, but code of conduct

11. University of Antwerp UN Norms for Business Adopted by the UN subcommission for human rights in 2003 and later stopped by the Commission Report of the Special representative of the Secretary General “Business and Human Rights” April 22th, 2009 –State duty to protect –State not responsible for corporate-related human rights abuse; but they can try to prevent or punish –Extraterritorial dimension: unsettled in international law –Strong policy reasons for home States to encourage their companies to respect rights abroad – especially when State itself is involved

12. University of Antwerp Code of conduct Every company has its own (glossy) code Coordinated codes per economic sector or industry are more effective with their broader support, e.g. 1. Voluntary Principles on Security and Human Rights for the Extractive Sector 2. Kimberley Process UN Global Compact

13. University of Antwerp OECD Guidelines for Multinational Enterprises National Contact Points European Union an CSR Where are the initiatives? EU Commission versus EU Parliament

14. University of Antwerp Role of NGOs NGOs have proposed guidelines “Publish What You Pay” campaign Irene Khan Companies have supported international law when investments had to be protected and should support transforming the Global Compact from voluntary to binding standards Cooperation between companies and NGOs is improving but still far from perfect

15. University of Antwerp Conclusion Voluntarism is not enough code of conduct as a supplement in addition to norms Companies prefer simple and clear rules. Why not for human rights? Are failed states and companies “partners in crime” against more regulation?