PANEL DISCUSSION ON CORPORATE RESPONSIBILITY “Business Legitimacy and Reconstruction in Zones of Conflict” Dr. Malaika Culverwell Senior Research Fellow -Corporate Responsibility/ Royal Institute of International Affairs (Chatham House) United Nations - Department of Economic and Social Affairs 10 October 2003 Private Sector in Conflict Zones PRIVATE SECTOR CAN: exacerbate tensions & contribute to downward spiral of insecurity. contribute to peace-building and reconstruction KEY: Transparency Inclusivity Accountability • In routine business activities at micro and macro level • For extractive, but more importantly infrastructure, power, transportation & financial sectors 2 Policy Approaches for Engaging Business 1. NORMATIVE ‘Naming & shaming’; advocacy campaigns e.g. “Conflict Diamonds” Can work - but for recognisable brands 2. COERCIVE Regulatory regimes that sanction prohibited behaviour Difficult - different levels of regulation, incentives for evasion, depends upon state co-operation 3. INSTRUMENTAL Positive inducements that reward constructive industry practices At company level - doesn’t go far enough? Multistakeholder level - is too context specific to be generic eg. “Chad/Cameroon Pipeline Agreement”. ” 3 Profiteering & Opportunism by Both Business & Government? IN IRAQ: ENVIRONMENT Lack of reconstruction GOV’T Strongest perception of illegitimacy, profiteering and corruption rests within the administration Insecurity BUSINESS Fear that subcontracting and hiring practices by business will exacerbate pre-existing tensions. 4 A Role for Responsible Business BUSINESS Confer legitimacy National & Int’l Level Earn legitimacy •Bidding process •Awarding contracts Community Level Accountable Inclusive • Hiring & Transparent sub-contracting 5 Inclusivity Requires: an integration of local ethnicities, tribes, religions & business networks. Recommended: a simple formal dialogue with firm’s Iraqi employees and their families. A neutral third party facilitator to manage the process Accountability Requires: independent scrutiny of civil society Recommended: civil society capacity building 6 Transparency Requires: companies to be cautious with respect to working with elites from previous state institutions. Companies to insist on free and open competition with respect to tendering process for reconstruction contracts & sub-contracts Recommended: Companies, with civil society help build the credibility of political institutions of the nascent new Iraqi state Companies seek inter-sectoral collective action to influence free and open competition with respect to reconstruction contracts & subcontracts 7 Conclusion Responsible companies need courage, stamina and a longterm view to attend to issues of “inclusivity”, “accountability” and “transparency” . Companies can initiate efforts but will need the support of neutral third party mediators, NGOs, IOs and legitimate political institutions In all the complexity of post-conflict Iraq, business should not loose sight of the fact that the greatest risk management tool at its disposal is its contribution to the winning of the peace. 8