Human Rights Issues for International Organizations
Fall Term 2005
September 6 to December 12
The New School (New York City)
Curt Goering (Senior Deputy Executive Director, Amnesty International USA)
cgoering@earthlink.net
Course Description
This course is designed to provide students the opportunity to learn about the
growing importance of human rights and their impact in the world today with a
particular emphasis on examining how management in both non-profit
organizations and in the business world are approaching and responding to these
trends. Students will also gain an understanding of the existing and emerging
international human rights framework relevant to international organizations,
learn ways in which business and human rights intersect, and be exposed to the
range of methods and tactics being employed by managers in nonprofit and forprofit entities to advance or address issues relating to human rights and
corporate social responsibility. Classroom discussion will include a review of
trends in human rights; the development of human rights principles or standards
relevant to corporations; human rights issues facing business operations abroad;
specific human rights problems businesses face in conflict zones (including in
post-war Iraq); globalization and human rights; collaborative efforts between
business and non-profit organizations; the growing public demand for greater
accountability, and other issues managers in international organizations must
deal with.
Students will have the opportunity to engage first hand with managers and
executives in international organizations dealing with these issues as well as with
activists directly involved in advocacy efforts.
Course Requirements:
Students will be expected to follow current events relating to the course, read
required texts, participate in and, on occasion, lead a class discussion. As part of
a small group with fellow classmates, collaborate on and present to the class a
case study critically examining and evaluating how a corporation or non profit
organization has managed or is managing a human rights issue. A final paper
based on the case study or another example will also be required.
October 17: 2-page abstract/outline of paper due
November 21: 8-10 page draft of paper to be submitted
November/December: Presentation and Discussion in class
December 12: 15-20 page final paper due
Grades will be based on the final paper and in-class contributions and
presentations.
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Grading
1) 50% class participation, preparation, presentation, effort
2) 50% final paper
In addition to the readings below, students are encouraged to check regularly
among the following websites which provide good information about a range of
human rights issues and latest developments.
Amnesty.org
Amnestyusa.org
Human Rights Watch (hrw.org)
Human Rights First (humanrightsfirst.org)
International Committee of the Red Cross (icrc.org)
Business-humanrights.org
United Nations (un.org)
United Nations High Commission for Human Rights
http://www.unhchr.ch/data.htm
Business for Social Responsibility (bsr.org)
Physicians for Human Rights (phrusa.org)
Ethical Corporation (ethicalcorp.com)
Week 1 (September 12)
Introduction to Course: Review of objectives, assignments, readings and
expectations.
We will examine the broader contemporary trends in human rights and explore
the relevance of human rights in the context of larger world developments today
and help students understand the interrelationship between human rights and
political and social developments. Why do human rights matter? Why should
business managers care about human rights or other issues relating to corporate
social responsibility?
Required readings:
Amnesty International Annual Report 2005. Foreword, Introduction, and regional
summaries (pp.1-33). Available at amnesty.org
Human Rights Watch World Report 2005. Skim pp 1-93. Available at hrw.org
Robinson, Mary. “Making Human Rights Matter,” Harvard University Lecture
Series on States, Society and the Future of Rights, September 30, 2002.
(www.eginitiative.org/documents/harvard.html)
Schulz, William F. In Our Own Best Interest: How Defending Human Rights
Benefits Us All. Boston, 2001. (See especially the Introduction, Chapters 1 and
3.)
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Sane, Pierre. “Why Human Rights Should Matter to the Business World,” Earth
Times News January 8, 2001
Suggested additional readings:
Human Rights are Everybody's Business , Amnesty International publication,
(POL34/008/2002). (www.amnesty.org)
Business and Human Rights: Dilemmas and Solutions edited by Rory Sullivan,
Insight Investment, UK Nov. 2003. See especially chapters 1-3 and 22.
Human Rights Principles for Companies, Amnesty International publication,
(ACT 70/001/1998) (www.amnesty.org)
Week 2 (September 19)
Existing and emerging international human rights standards
This session will examine the main international human rights standards which
have been developed since WWII and their role in international relations. We will
consider questions of how the standards have developed, who the standards
apply to (state and nonstate actors) and whether and how human rights can be
enforced. We will also review recent trends in the development and application
of human rights standards, the growing importance of economic, social and
cultural rights, and the debate about the universality of human rights.
Questions for Discussion
1) What do you think is the significance of the Universal Declaration of Human
Rights (UDHR) and the development of international human rights standards?
2) Are there some rights in the UDHR that are of higher priority than others? Do
you think it makes sense to say that the first priority needs to be economic/social
development? That free speech is a luxury that will have to wait until we reach a
certain point in our national development?
3) What can be done when standards are not ratified by governments? Adopted
by Corporations? What if they are ratified and ignored or deliberately
undermined? What value do they really have if they are ignored?
4) What do you think is the impact on international human rights standards when
the world’s only superpower ignores them when it wants? How do other
governments react?
5) How do international standards relate to domestic law? What happens when
they conflict?
6) Why has the US not ratified some key human rights standards? How do you
think the US is seen around the world when it comes to human rights standards?
7) In what situations can standards be legally deviated from? Which ones?
Required Reading:
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-Universal Declaration of Human Rights (www.un.org/Overview/rights.html)
-The International Covenant on Civil and Political Rights (www.un.org)
-The International Covenant on Economic, Social and Cultural Rights
(www.un.org)
-United Nations Global Compact (www.unglobalcompact.org)
-Voluntary Principles on Security and Human Rights
(www.state.gov/www/global/human rights/001220fsdrl_principles.html)
Fact Sheet, Released by the Bureau of Democracy, Human Rights, and Labor
U.S. Department of State, December 20, 2000
(www.state.gov/g/drl/rls/2931.htm)
-United Nations Norms on the Responsibilities of Transnational Corporations
and Other Business Enterprises with Regard to Human Rights
(unhchr.ch/huridocda/huridoca.nsf/0/918bbd410b5a8d2cc1256d78002a535a?Op
enDocument)
“Are Human Rights Universal?” available at
www.worldpolicy.org/journal/tharoor.html
Thomas M. Franck, “Are Human Rights Universal?” in Foreign Affairs,
January/February 2001. Available
http://www.foreignaffairs.org/20010101faessay4253/thomas-m-franck/arehuman-rights-universal.html.
Ramadan, Tariq, “We Must Not Accept this Repression,” The Guardian, 3 March
2005. Available at
http://www.guardian.co.uk/comment/story/0,3604,1447867,00.html
“Economic Globalization and Human Rights,” available at
http://web.amnesty.org/pages/ec-unnorms-eng
Suggested additional readings:
Beyond Voluntarism: Human Rights and the Developing International Legal
Obligations of Companies, International Council on Human Rights Policy,
February 2002. See especially the Introduction, Chapters 2 and 5.
(www.ichrp.org/)
The Cairo Declaration on Human Rights in Islam, 5 August 1990
(http://www.humanrights.harvard.edu/documents/regionaldocs/cairo_dec.htm)
“Human Rights in the Arab World: A Regional Perspective,” Human Rights
Quarterly, vol. 23:3, 2001, pp. 701-732
Neier, Aryeh, Asian Values vs. Human Rights, Open Society Institute
http://www.nancho.net/fdlap/fdessay2.html )
“Islam and Human Rights: Beyond the Universality Debate,” Proceedings of the
94th Annual Meeting of the American Society of International Law (2000) pp. 95101.
Mayer, A. Elizabeth, Islam and Human Rights (Boulder: Westview Press, 1998)
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Abdullahi an-Na’im, Toward an Islamic Reformation: Civil Liberties, Human
Rights (Syracuse University Press, 1996).
Hassan, Riffat. "Are Human Rights Compatible with Islam? The Issue of the
Rights of Women in Muslim Communities.
(http://www.religiousconsultation.org/hassan2.htm)
"Human Rights" in Judith R. Blau, editor, The Blackwell Companion to Sociology.
Blackwell Publishers, 2001
Human Rights: Constructive Engagement with Asian Values by Wm.
Theodore de Bary
(http://www.columbia.edu/cu/ccba/cear/issues/fall97/graphics/special/debary/deb
ary.htm)
Week 3 (September 26)
How Human Rights Issues Affect Business Operations: Recent and Current
Examples Session 1
This session will examine how human rights issues have affected specific
businesses in recent years and the variety of ways civil society and human rights
groups pressure business to pay more attention to human rights. Over the next
several weeks, we will learn about some major human rights issues affecting
businesses and review a number of campaigns undertaken by NGOs to influence
business to make human rights a higher priority, and assess the impact of these
activities.
This session will examine some of the recent cases where activist organizations
have implicated corporations in human rights abuses in countries where they
operate. We will examine a number of specific cases and review issues
managers in both NGOs and corporations have faced. Specific examples include
UNOCAL in Myanmar and Shell Oil in Nigeria, and will consider efforts by NGOs
to develop new standards to increase transparency and accountability.
Chevron/Texaco in Ecuador will also be noted.
Questions for Discussion
Shell in Nigeria
1) Based on what you know about the Ogoni struggle and Shell's involvement do
you think Shell was right not to intervene to save the lives of the Ogoni 9 before
they where executed? If yes, why?
2) Could the key players in the dispute (Nigerian government, Shell, the
International Community, NGOs) have done anything different to avert the crisis?
If so, what?
3) Should Shell go back to operating in Ogoniland? If so, under what conditions?
4) What key human rights issues were affected in the Ogoni struggle and what
are the international basis for those rights
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UNOCAL/Myanmar
1) What is the issue with Unocal in Myanmar/Burma? What are the allegations?
How solid is the evidence?
2) What due diligence should UNOCAL have done? Did they have any
policies in place to guide them? Risk assessment? If so, what was being done to
implement?
3) What has been UNOCAL’s response? What might have they done differently?
What lessons might UNOCAL’s management learn from this experience? What
are there options now?
4) What do you think about the strategy of suing in US courts for alleged
corporate activity abroad?
5) Should a company talk to an NGO? Ignore it? Attack it? How should
management decide?
6) How would you feel if you were an employee of executive at UNOCAL or
another targeted company?
Required readings:
Amnesty International Nigeria: Are human rights in the pipeline? - AFR 44/020/2004
Available at amnesty.org
“Living with the Enemy: Non-governmental Organizations and Business,”
Economist August 7, 2003.
Zagorin, Adam, Slave Labor? Unocial is Being Sued in the US for Ignoring
Abuses in Burma,”Time November 24, 2003
Peruse coverage of Unocal lawsuit at: http://www.businesshumanrights.org/Categories/Lawlawsuits/Lawsuitsregulatoryaction/LawsuitsSele
ctedcases/UnocallawsuitreBurma
Radio Free Asia, “Unocal settles Asia Lawsuit” at
http://www.rfa.org/english/news/business/2004/12/18/burma_unocal/
Murray, Sarah, “Legal case for doing the right thing,” Financial Times March 31,
2003.
Unocal: “The story you haven’t heard about . . . The Activists’ Lawsuits”, 4 Apr
2005
Center for Constitutional Rights: “Historic Advance for Universal Human Rights:
Unocal to Compensate Burmese Villagers” (available at ccr.org)
Earthrights International: “Common Questions and Answers” [regarding Unocal
Settlement], 5 Apr 2005
Suggested readings:
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Kamminga, Menno T. and Saman Zia-Zarifi, Liability of Multinational
Corporations under International Law , Kluwer Law International 2000, See
especially Section I: Introduction and Overview. Introduction; M.T. Kamminga, S.
Zia-Zarifi. “Business and Human Rights in a Time of Change;” C. Avery.” An
Overview of the Human Rights Accountability of Multinational Enterprises.”
Badawy, Manuela, “Ecuador hopes for settlement in ChevronTexaco case,”
Reuters, February 28, 2002. (www.business-humanrights.org/.../
TexacoChevronTexacolawsuitsreEcuador?&&batch_start=21)
Ecuador: Peasants Sue ChevronTexaco.
(www.corpwatch.org/news/PND.jsp?articleid=8888)
Macalister, Terry, “Crude politics - BP has been honourable in its intentions, says
Terry Macalister, but day-to-day operation is proving to be far more difficult ,”
Guardian [UK], November 17 2003
Webb, Tobias, “Extractive industry experts discuss working with governments on
human rights issues,” Ethical Corporation, November 25, 2003.
(www.ethicalcorp.com/content.asp?ContentID=1367)
“Shell opens its books on Nigeria,” Terry Macalister, Guardian [UK] June 20,
2003.
Human Rights Watch, “Nigeria: Government and Oil Firms Should Act on Delta
Violence.” April 9, 2003.
Houlder, Vanessa, “Campaigning to win war of words: The spotlight is
increasingly turning on the tactics and the politics of the environmental movement
,” Financial Times, November 13, 2003.
Igbikiowubo, Hector, “ Women activists take control of Shell facility,” Vangard
[Nigeria] August 5, 2003.
“Management & Excellence Says Good Ethics Pay Off for Oil Companies,”
Management & Excellence July 24, 2003.
Meeting the Energy Challenge: The Shell Report 2002 Royal Dutch/Shell, 2003
Failing the Challenge: The Other Shell Report 2002 Friends of the Earth,
Refinery Reform Campaign, groundWork South Africa, South Durban Community
Environmental Alliance, South African Exchange Program on Environmental
Justice, Fundacion Ala Plastica, Global Community Monitor and FreeTibet
Campaign, April, 2003.
“Berger & Montague, P.C. Files Class Action Complaint Against Royal Dutch
Petroleum and Shell Transport, p.l.c,” Berger & Montague, September 23, 2002.
Lamont, James, “Big oil groups top league for 'greenwash', “ Financial Times
August 23, 2002.
“Unocal Announces It will Settle a Human Rights Suit: What is the Real Story
Behind Its Decision?”, Anthony J. Sebok, Brooklyn Law School, in FindLaw’s
Writ, 10 Jan 2005
October 3 (No class, Rosh Hashanah)
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Week 4 (October 10)
How Human Rights Issues Affect Business Operations: Recent and Current
Examples (Session II)
This session will continue the examination of specific human rights issues
highlighted by NGOs and faced by business. We will explore additional campaign
strategies and the response of business. Examples for this class will include the
Most Favored Nation debate as it related to China during the Clinton
Administration, the “Blood Diamonds Campaign,” and the Kimberly Process.
Questions for discussion
China/Most Favored Nation (MFN)
1) Some business executives and policymakers have argued that the best way to
promote human rights in China was to increase trade and investment and
develop the Chinese economy. As living standards improved and the middle
class grew, that would create a greater demand for human rights and democracy.
What do you think about that argument?
2) How should business executives weigh the prospects of lucrative business in
China with concerns about human rights violations in the country? Should a
business be concerned about operating in China or other places where human
rights violations are widespread? If so, in what situations? What are their
spheres of influence? (Employees, subcontracters, those in China with whom
they do business?
3) How was/is John Kamm able to simultaneously pursue both business interests
and human rights issues in China? (See reading). Has his business interest
suffered as a result of his human rights advocacy?
4) China argues that expressions of concern about human rights constitutes
interference in their internal affairs. Is it?
5) Are there implications for other areas if human rights standards are not
respected? What about trade agreements or business contracts?
6) Does it make sense to link MFN status to human rights? In the years it was
annually debated, were there human rights benefits? Downsides?
Blood diamonds questions
1) What are “Conflict Diamonds?” Where have “conflict diamonds” been a
problem?
2) What is the Kimberley Process? What will it take to be effective?
3) Do you think most consumers are concerned about the origins of their
diamonds? Would they be if they knew what you know?
4) Is international regulation of this kind of trade a legitimate role?
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Required Readings:
Rosenberg, Tina. “John Kamm’s Third Way,” New York Times Magazine, March
3, 2002.
Shattuck, John. Freedom on Fire: Human Rights Wars and Americas Response,
Harvard University Press, 2003. See Chapter 7, “The China Syndrome” and
Chapter 8, China: Collision Course.
“Conflict Diamonds: Sanctions and
War,”(www.un.org/peace/africa/Diamond.html)
“Diamonds in Conflict,” (globalpolicy.org/security/issues/diamond)
“The Flow of Blood Diamonds,” (amnestyusa.org/amnestynow/diamonds)
“Q & A about Conflict Diamonds,” Physicians for Human Rights
(www.phrusa.org/campaigns/sierra_leone/ diam_q&a.html)
Suggested reading:
Kamm, John, The Prisoner Information Project: A Status Report Testimony
before U.S. House of Representatives Subcommittee on Asia and the Pacific of
the International Relations Committee, April 30, 1998.
Campbell, Greg. Blood Diamonds: Tracing the Deadly Path of the World's Most
Precious Stones. 2002
Jewelers of America, “Social, Ethical and Environmental Framework,” at
http://www.jewelers.org:8080/3.consumers/pdf/ja%20statement%20of%20principl
es_revised.pdf
Week 5 (October 17)
Business Organizations and Human Rights
Over the past decade some business organizations have increasingly engaged
the debate about their human rights responsibilities and undertaken a variety of
measures to demonstrate their commitment. Other companies have not. This
session will review the variety of ways businesses have attempted to grapple with
human rights issues and what impact those efforts have had. We will examine
human rights policies various business organizations have developed and how
those polices are implemented in their operations, as well as other actions
businesses have undertaken to demonstrate not only their concern for human
rights, but why they believe such activity makes good business sense.
Questions for discussion
1)
Does your employer have a human rights policy? Do you know how/why
it was developed?
2)
If a such a policy exists, do you consider it effective? What role does it
play in the life of the organization? Is it relevant in daily operations? How?
3)
How is the policy communicated or publicized ? Is it actively promoted?
Is training offered to employees?
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4)
If you were to become the CEO of a company without a human rights
policy, how would you evaluate the need for one?
5)
How would you go about creating one? What arguments
would you use with employees? The Board of Directors? Shareholders?
6)
Does a corporations’s reputation on CSR or human rights impact
recruitment?
7)
Does a corporation with a visible CSR or human rights policy set itself up
for criticism? Should relevant NGO watchdogs focus their energies on
corporations which have no policy or on the shortcomings of those who do?
Required readings:
See Business-HumanRights.org website homepage: Special resources section;
“91 companies with a human rights policy statement.”
Armstrong, Murray, “A people's charter Guardian [UK] November 17, 2003
Frankenthal, Peter and House, Francis. Human Rights—Is it Any of Your
Business? London: Amnesty International UK and the Prince of Wales Business
Leaders Forum, 2000, pp 5-36
Avery, Chris. Business and Human Rights in a Time of Change, London:
Amnesty International, 2000, pp 8-42.
Schoenberger, Karl. Levi’s Children: Coming to Terms with Human Rights in the
Global Marketplace, New York, 2000 (See especially Chapters 1 and 5.)
Week 6 (October 24)
The Case of Iraq and Afghanistan
This session will examine specific human rights issues in relation to Iraq.
Managers in international organizations have faced and are facing major human
rights challenges in Iraq, including security, management of revenue,
transparency in awarding of contracts, profiteering, in the context of often nonfunctioning systems. In addition, corporations are increasingly playing a role in
the conduct of military operations and associated activity, including, including
detention and interrogation operations. We will discuss some of the trends and
questions which have emerged.
Questions for discussion
1-What are the responsibilities of corporations if their employees are implicated
or involved in human rights violations when under contract with the US
government? How have they responded in Iraq or Afghanistan to such
allegations?
2-What are some of the particular challenges to development (economic, social,
political)
in a country which is heavily reliant on oil for its revenues?
3-Is there a relationship between lack of transparency, democracy, accountability
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and poor management, decision-making, corruption and human rights abuses? If
so,
what is it?
4-What are the elements of a transparent system? Why is transparency
important
in Iraq?
5-How can human rights best be insured in the reconstruction process?
6-What have been some human rights concerns about the new draft Iraqi
constitution?
Required readings:
Bergner, Daniel, “The Other Army,” The New York Times Magazine (14 August
2005)
Spiegel, Peter, “No Contractors Yet Face Abu Ghraib Charges,” Financial Times
(8 August 2005)
“Contractors in Iraq. See Q/A on CACI website at
http://www.caci.com/iraq_news.shtml
Beelman, Maud, “U.S. Contractors Reap the Windfalls of Post-War
Reconstruction,” Center for Public Integrity (http://www.publicintegrity.org/wow/)
Kelman, Steven, No Cronyism in Iraq, Washington Post, November 6, 2003
”High Payments to Halliburton for Fuel in Iraq,” New York Times 10 December
2003
Suggested readings
Iraq: On Whose Behalf? Human Rights and the Economic Reconstruction
Process in Iraq
Amnesty International paper, June 20, 2003
Considerations for the Management of Oil in Iraq: A Background Briefing.
Human Rights Watch, April 18, 2003
Halliburtonwatch website at halliburtonwatch.org
Week 7 (October 31)
Ethical Dilemmas International Non-governmental Organizations (INGOs) Face
INGOs carrying out their operations frequently face profoundly complex
questions which managers must grapple with. For example, organizations must
usually get permission from government authorities to operate in areas under
their jurisdiction. How do organizations relate to these authorities? How do they
consider conditions the authorities may impose? How is their presence perceived
by the people they are attempting to assist? How does the acceptance of
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government funds to carry out their relief or development work affect their
operations? How far can/should NGOs go in cooperating with authorities? When
under pressure, how do they weigh the benefits of their work to a population in
need? What are some factors which might compromise their mission? Under
what conditions should operations be suspended? Are human
rights/humanitarian organizations sometimes unwitting accomplices to abuses or
prolonged suffering? We will examine dilemmas and choices which arise as
humanitarian organizations attempt to carry out their work.
Questions for discussion
INGOs carrying out their operations frequently face profoundly complex
questions
and dilemmas which managers of such groups must grapple with.
1) What factors should an NGO take into account in determining its relationship
with a government abroad in whose territory it has or wants to begin projects?
For example, organizations must usually get permission from government
authorities
to operate in areas under their jurisdiction. How should they consider conditions
the authorities may impose? How far can/should NGOs go in cooperating with
authorities
(their own government or a foreign government) if restrictions are imposed?
2) When under pressure, how should they weigh the benefits of their work to a
population
in need? What are some factors which might compromise their mission? Under
what
conditions should operations be suspended? When might human
rights/humanitarian
organizations sometimes be unwitting accomplices to abuses or prolonged
suffering?
3) What factors should an NGO consider when determining whether to accept
government
funding for projects? Is there a difference between accepting funding and other
forms of support, such as government or military transport or armed escorts?
How
does the acceptance of government funds to carry out relief or development work
affect their operations? When the US government pressures NGOs to more
visibly acknowledge
that funding comes from the US government (as it did in Iraq) how should NGOs
respond?
4) In some situations the provision of humanitarian or development aid might be
seen
as political activity. For example, providing such aid to people in a disputed
territory
might be seen as taking sides in a territorial conflict. How important are
principles
of independence and impartiality?
Readings:
Minear, Larry, “NGOs and UN face pressure over Iraq,”
(www.alertnet.org/thefacts/reliefresources/menearview.htm)
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Minear, Larry, “A Moment of Truth for the Humanitarian Enterprise,” in Foreign
Policy in Focus, July 9, 2003
(www.fpif.org/commentary/2003/0307humanitarian.html)
Adeh, Ignatius, “Fostering Accountability in Zimbabwean Civil Society,” The
International Journal for Not-for-Profit Law, Volume 6, Issue 3, June 2004
available at http://www.icnl.org/JOURNAL/vol6iss3/ar_adeh.htm
Rieff, David. A Bed for the Night (New York:Simon and Schuster, 2002). See
especially Section One and the Conclusion.
Moore, Jonathan, ed. Hard Choices: Moral Dilemmas in Humanitarian
Intervention Rowman and Littlefield, 1998. See Introduction, Chapters 8,10,
14,15 and 16.
Terry, Fiona. Condemned to Repeat? The Paradox of Humanitarian Action
Cornell University Press, 2002. See especially the Introduction, Chapters 1 and
6.
Week 8 (November 7)
NGO/Business Collaboration
As the Corporate Social Responsibility movement has grown in strength and
numbers in recent years, we have seen a growing collaboration between
businesses and nongovernmental organizations. This session will examine some
of the relationships which have developed and we will explore what interests and
challenges NGOs and business organizations have in such partnerships. What
does an NGO or a business organization stand to gain by a collaborative
venture? To lose? What have been the ingredients of a successful relationship?
Questions for discussion
As the Corporate Social Responsibility movement has grown in strength and
numbers
in recent years, we have seen a growing collaboration between businesses and
nongovernmental
organizations.
1) What does an NGO or a business organization stand to gain by a collaborative
venture? To lose? What factors should a)an NGO consider when determining
whether
to collaborate with a business in undertaking a project? b) When a business is
considering
collaborating with an NGO? Why are these factors important?
2) From the materials you've read as well as your own observations, what do you
think have been the most important elements in a successful relationship?
3) Can you give one or more examples of a corporate/NGO relationship which
seems
mutually beneficial? Why?
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What examples are there where the cost has been too high for the NGO or
business?
Why?
4) If you were a corporate CEO making a the case to your Board of Directors
about
partnering with a particular NGO, what are the main arguments you would use to
try
to convince the Board to support your recommendation?
Required Reading
Wheelan, David, “Re-thinking Nonprofit Partnerships,” Chronicle of Philanthropy,
June 27, 2002.
CARE partnerships (www.careusa.org/partnerships/corporate.asp)
“Core Competences: A Key Force in Business–Government–Civil Society
Collaborations,” (http://www.greenleaf-publishing.com/jcc/jcc7.htm#waddell)
Steve Waddell, The Collaboration Works, USA
Hudson, Mike. Managing at the Leading Edge. London: Directory of Social
Change, 2003, see especially Chapter 4, “Creating Strategic Alliances,” pp. 97127.
Austin, James. The Collaboration Challenge: How Nonprofits and Business
Succeed Through Strategic Alliances. Jossey-Bass, 2000. See especially
Chapters 1, 2 and 8.
http://www.reebok.com/x/us/humanRights/text-only/business/
Week 9 (November 14)
How Human Rights Issues Affect Business Operations: Recent and Current
Examples (Session III)
This class will examine the HIV/AIDS pandemic in Southern Africa, the
pharmaceutical industry and the campaign for affordable drugs to those in need.
Questions for discussion
1) Why is the HIV/AIDS pandemic a human rights issue? What are the issues
particularly affecting women?
2) What do you feel are responsibilities of the pharmaceutical industry to
addressing the pandemic?
3) What are some of the most effective strategies NGOs have employed to tackle
the problem? Governments? Intergovernmental organizations (ie the UN)?
Required readings:
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Joseph, Sarah, “Pharmaceutical Corporations and Access to Drugs: The ‘Fourth
Wave’ of Corporate Human Rights Scrutiny,” Human Rights Quarterly Vol. 25
(2003) pp425-452.
Kennedy, Rory and Richardson, Nan, Pandemic: Facing AIDS Education
Workbook, Moxie Firecracker Films (www.pandemicfacingaids.org)
Review the Website of the Treatment Action Campaign (www.tac.org.za)
“Women, HIV/AIDS and Human Rights,” (24 November 2004) at
http://web.amnesty.org/library/Index/ENGACT770842004
Barry, Christian, and Raworth, Kate, “Access to Medicines and the Rhetoric of
Responsibility,” Ethics & International Affairs, Volume 16, No. 2, (November ,
2002).
Gruskin, Sofia, and Daniel Tarantola, “Health and Human Rights,”
(http://www.hsph.harvard.edu/fxbcenter/FXBC_WP10-Gruskin_and_Tarantola.pdf
Suggested reading:
Peruse site of François-Xavier Bagnoud Center for Health & Human Rights
www.hsph.harvard.edu/fxbcenter/partners.htm Bendell, Jem. “Waking Up to Risk: Corporate Responses to HIV/AIDS in the
Workplace. Geneva, 2003. See especially Introduction and Conclusion.
(www.unrisd.org/80256B3C005BCCF9)
Week 10 (November 21)
Accountability
There is a growing demand for management accountability in both for and
nonprofit enterprises. Nonprofits increasingly must show not only that they are
meeting real needs but also why the strategies they have selected work and why
their operations are worthy of support. Corporations increasingly are held
accountable not only for profits, but also for being good corporate and global
citizens. This session will examine the impact on non and for profit entities of the
growing demand for greater accountability and measures organizations use to
promote it.
Questions for discussion
1) Do some NGOs exercise influence disproportionate to their numbers? Who do
they really represent? Do they tend to be elite advocates for their causes or do
they actually expand civic participation in the democratic process?
2) Are NGOs sufficiently accountable?
3) Many businesses at the Human Rights Commission meetings in Geneva came
out strongly opposed to the Draft UN Norms on the Responsibilities of Business
on the grounds that their adoption would result in excessive regulation of
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business. What is an appropriate balance between regulation and pursuit of
commercial enterprise? Should there be greater regulation on business in
relation to human rights issues? If so, in what kinds of situations? What should
be voluntary? What should be mandatory?
4) How is the growing demand for accountability changing NGO behavior?
Corporate behavior?
5) Are the International Right to Know disclosures reasonable? Why or why not?
Required reading:
The International Right to Know movement (irtk.org)
Publish What You Pay (www.publishwhatyoupay.org) See website for campaign
activities and documents.
Robinson, Mary, “Human Rights and Corporate Accountability,” speech at The
Fund for Peace Human Rights and Business Roundtable, February 19,2003,
Washington, DC. (www.fundforpeace.org/media/speeches/robinson.php)
Schrage, Elliot, “Emerging Threat: Human Rights Claims,” Harvard Business
Review (http://www.cfr.org/pdf/Schrage_Emerging_Threat.pdf)
Visit the website of NGO Watch--ngowatch.org, set up by the American
Enterprise Institute, questioning the accountability of NGOs.)
Suggested reading
Florini, Ann. The Coming Democracy: New Rules for Running a New World
(2003), See especially pp. 32-40.
Week 11 (November 28)
Human Rights Violations in the US
Managers in international organizations are frequently confronted with issues
relating to human rights concerns in the United States. This session will provide
an overview of some of the main human rights issues in the United States today.
We will consider US ratification of international human rights treaties, examine its
compliance with these standards, become familiar with some of the larger human
rights concerns which human rights organizations have identified. This session
will also include the human rights issues in the US which have arisen or become
more prominent since September 11.
We will also begin the in-class student presentation (in groups of 3-4 students)
and discussion of research papers.
Questions for discussion
1)
What do you think are the most serious human rights issues in the US
today? Why?
2)
How important are international human rights standards vis-à-vis human
rights issues in the US?
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3)
Why hasn’t the US signed or ratified some of the most important
international human rights treaties/covenants? What arguments are used to
support non signature/ratification?
4)
Is the death penalty a human rights issue? Why or why not?
5)
Do appeals from foreign governments or citizens to US officials on
human rights concerns in the US have an impact?
6)
What are the human rights issues particularly impacting women?
7) Have you experienced a human rights violation in the US?
Required reading:
Schultz, supra, Chapter 7, “No Innocent Place.”
Rights For All, Amnesty International, 1998 (www.amnesty.org) (skim through
document)
Cole, David. Enemy Aliens: Double Standards and Constitutional Freedoms in
the War on Terrorism. (New York: The New Press, 2003). See especially
Introduction, Chapters 1,4, 13 and Conclusion.
Peruse American Civil Liberties Website (aclu.org), Amnesty International
website (amnesty.org or amnestyusa.org), and Human Rights Watch website
(hrw.org) to review reports of these organizations on human rights concerns in
the US.
Week 12 (December 5)
This session is devoted to in-class student presentation (in groups of 3-4
students) and discussions of research papers.
Week 13 (December 12)
This session is devoted to in class student presentation (in groups of 3-4
students) and discussions of research papers, and an evaluation of the course.
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