Corporate
Social Responsibility
(4)
Rules, Regulations and Codes
Contents:
•
Overview
•
Questions
•
Other Papers in this Series
Overview
There
are a wide variety of rules, regulations and codes of conduct that
have been promoted by different sectors of society as a source of
the principles by which companies should operate. Some are voluntary
and unilaterally supported by companies, whilst others are more
binding in nature. Some cater for all companies whilst others cater
for a specific size or sector of business. There are a wide variety
of opinions about what the ideal regulatory framework for business
behaviour should be, with many business organisations advocating
voluntary codes arguing that they allow companies to be innovative
in Corporate Social Responsibility; NGOs argue that regulation is
necessary to change behaviour and ensure that good intentions mean
more than publicity material.
Company
Codes of Conduct
Some
companies have adopted their own codes of conduct. Many are
voluntary with weak or no enforcement and many do not respect
or include standards or legal obligations that already exist
by for example:
- Not
including the right to freedom of association
-
Not respecting the International Labour Organisation’s
treaties on labour standards
|
OECD
Guidelines for Multi-National Corporations
A
broad code of conduct where governments have taken the obligation
to promote the code to business. This includes a weak and
confidential dispute mechanism, which operates through national
contact points in each country that has signed the guidelines.
Key points include:
- Covers
most areas of CSR (see Briefing Paper1)
-
Includes most ILO Minimum Labour Standards
-
OECD governments have pledged support
-
Includes some dispute resolution
- NGOs,
trade unions, business and government involved in recommendations
-
Not legally binding on business
|
ILO
Conventions
The
Core Labour Standards enshrined in the ILO Declaration on
Fundamental Principles and Rights at Work (1998) are the basic
minimum human rights enshrined within the ILO’s eight
specialised conventions. The eight core Conventions are:
- Forced
Labour (1930)
-
Freedom of Association and Protection of the Right to Organize
(1948)
- Right
to Organize and Collective Bargaining &Equal Remuneration
(1951)
-
Equal Remuneration Convention, 1951
- Abolition
of Forced Labour (1957)
- Discrimination
(Employment and Occupation)(1958)
- Minimum
Age Convention (1973)
- Elimination
of the Worst Forms of Child Labour (1999)
|
National
Regulations
National
Regulation will always be the major area of law that enforces
behaviour on companies. Some countries have already adopted
CSR law. And almost all countries have laws that cover areas
such as labour standards, environmental protection, and human
rights. Key characteristics of national regulations include:
- Varying
inclusion of international standards
-
Varying ability to enforce the regulations especially in
developing countries
-
Can leave open forum shopping by corporations (where they
seek to have cases heard in the weakest legal system)
-
Difficulty in enforcing standards in third countries
|
ISO
9000 & ISO 14000 & ISO on CSR
The
ISO issues guidelines for voluntary standardisation for an
extremely wide variety of areas, primarily for technical aspects.
The ISO sets guidelines that businesses have to follow to
be accredited with the standard. More recently they have developed
environmental management standards ISO 14000 series. In addition
the ISO 9000 is a quality management system. The ISO is currently
in the process of developing an ISO standard for CSR. Key
aspects of the ISO Standards are:
- High
International profile
-
Sets guidelines for management systems but not for actual
performance attained
- No
third party verification of standard
|
SA8000
Is
a voluntary standard for ensuring that workplaces and the
workplaces of subcontractors meet specified standards. Key
points include:
- Standard
that businesses can adopt voluntarily
-
International
-
Uses ILO Conventions and international human rights instruments
as starting points
-
Drafted under a multi-stakeholder approach including business,
trade unions and NGOs
-
Includes a system of outside verification
-
Can be extended to include social reporting of conformance
with the standard
|
UN
Draft Principles for Behaviour of Trans-National Corporations
These
draft principles drawn up by a working group of the UN Subcommittee
on Human Rights would provide an internationally binding set
of principles by which TNCs should operate. The principles
are broad in that they include aspects of non-discrimination,
war crimes, workers’ rights, environmental protection,
and consumer protection as well as interpreting TNCs’
responsibilities with regard to international law. However,
it remains to be seen whether the UN Human Rights Committee
and eventually national governments will ever ratify these
draft principles and so make them binding under international
law. It is also unclear what, if any, enforcement mechanism
would be included in this mechanism.
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Questions
•
What do you think are the relative merits of voluntary versus legal
enforcement mechanisms? •
To what extent do you think that companies should be legally accountable
for non-financial areas?
•
What differences should there be in how small and large companies
are regulated with regard to their Corporate Social Responsibility?
•
Should companies be responsible for ensuring standards within their
supply chain?
•
At what level (national, regional or global) should companies’
behaviour be regulated given businesses’ global reach and
local impact?
•
To what extent should the courts of one country be able to impose
conditions on how a business operates in a different country? (Is
this too large an intervention in the sovereignty of that country?)
•
Should there be Corporate Social Responsibility legislation or should
measures be introduced into all areas of law that affect business?
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Other
Papers in this Series
(1)
What is CSR? HTML
PDF (277kb)
(2)
Social Reporting HTML PDF
(255kb)
(3)
Ethical Investment HTML
PDF (253kb)
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