Defending Religious Freedom:
A Corporate Social Responsibility
By
Gregory G. Clark
For
J. Reuben Clark Law Society 2013 Conference
Georgetown University Law Center
Religious Freedom under Global Attack
“Over the past year, while economic woes captured world
headlines, an ongoing crisis of equal breadth and scope
frequently went unnoticed. Across the global landscape, the
pivotal human right of religious freedom was under
escalating attack.
To an alarming extent, freedom of thought, conscience, and
religion or belief was being curtailed, often threatening the
safety and survival of innocent persons, including members
of religious minorities.”
U.S. Commission on International Religious Freedom
2012 Annual Report http://www.uscirf.gov/reports-and-briefs/annual-report.html
http://www.pewforum.org/Government/Rising-Tide-of-Restrictions-on-Religion-findings.aspx
Linkage between Governmental
Restrictions and Social Hostilities
 One might argue that the best hope of reducing social
hostilities related to religion might be the reduction of
corresponding governmental discriminations and/or
restrictions related to religion.
 How easy is it to affect governmental
discriminations/restrictions related to religion?
 My own experience in seeking religious freedom in
Qatar might be instructive.
The Qatar Experience
1994
2003
Ongoing lobbying with Qatari
Government by religious leaders and
various Ambassadors
2005
2012
The “Legal Recognition” Weapon
 Denial of “legal recognition” is a key weapon of some
governments to either limit or suppress religious
freedom.
 “Legal recognition” is often required to:
 Open bank accounts;
 Lease or build chapels;
 Obtain visas for leaders or missionaries;
 Import religious materials; and
 Proselytize.
Qatar Case Study
 How easy is it to affect governmental restrictions
related to religion?
 It took at least 9 years (1994-2003) of lobbying from
religious leaders and various Ambassadors from USA,
UK and Vatican for Qatar government to finally grant
“official registration” to 6 non-Muslim churches.
 Is there a way religious freedom could have been
accelerated in Qatar?
Influence of Business Community
with Governments
 In Qatar, only religious leaders and Ambassadors were
lobbying for reform of religious restrictions in Qatar.
 What would have happened if foreign corporations,
who were doing business (and investing billions of US
dollars) in Qatar, had also lobbied on behalf of their
expatriate employees?
Influence of Business Community with
Governments
 Could the business community have accelerated
religious freedom in Qatar, for the benefit of their
employees, if it had also engaged in lobbying the
Qatar government?
 Fortunately, Qatar had (and still has) a pro-active Emir
who made religious freedom more of a reality in Qatar,
after many years, while (unfortunately) the business
community stood on the “sidelines”.
Influence of Business Community with
Governments
 Perhaps the business community in Qatar did not
understand its role in promoting human rights,
including the most basic human right of religious
freedom.
Role of Business Community in
Promoting Human Rights
 International organizations have played an influential
role in promoting human rights, as an integral part of
the Corporate Social Responsibility (CSR) initiatives of
the business community:
 United Nations Global Compact (has over 7,300
business and non-business participants);
 Organisation for Economic Co-operation and
Development’s Guidelines for Multinational Enterprises;
and
 International Organization for Standardization’s
guidance in ISO 26000:2010 – Social Responsibility.
Corporate Social Responsibility (“CSR”)
 United Nations Global Compact
Principal 1
Businesses should support and respect the
protection of internationally proclaimed
human rights
Corporate Social Responsibility (“CSR”)
 The most basic of these “internationally proclaimed
human rights” is the right to freedom of thought,
conscience and religion, as noted in Article 18 of the
Universal Declaration of Human Rights, which reads:
“Everyone has the right to freedom of thought,
conscience and religion; this right includes freedom to
change his religion or belief, and freedom, either alone
or in community with others and in public or private, to
manifest his religion or belief in teaching, practice,
worship and observance.”
Corporate Social Responsibility (“CSR”)
 United Nations Global Compact’s official website
proposes “making reasonable accommodations for all
employees’ religious observance and practices” as an
example of “supporting and respecting human rights
through their daily activities.”
http://www.unglobalcompact.org/AboutTheGC/TheTenPrinciples/principle1.html
Corporate Social Responsibility (“CSR”)
The economic power corporations exert within communities
and on governments can serve as a strong impetus for change
where human rights are being denied or are not fully
protected.
In particular, businesses can become influential catalysts for
change in protecting and fostering religious freedom on a
global basis.
Why would the business community want to engage in
promoting religious freedom in countries where they
operate?
Religious Freedom is Good for Business
 A Boston University empirical study found that
laws burdening religion harm economic growth.
Hylton, Church and State: An Economic Analysis, 2, 20 (May 2008)
 An empirical study done by Harvard also supports
the positive effect of religion and religious
pluralism on economic growth.
Robert J. Barro & Rachel M. McCleary, Religion and Economic Growth, Harvard University, 34-37 (Apr. 8, 2003)
Why is it in Economic Interest of Businesses
to Promote Religious Freedom?
 Reduced war and violence. War and violence, and
the resulting political instability, are bad for most
businesses.
Dr. Brian Grim found that “when governments and
religious groups in society do not erect barriers to
religious competition but respect and protect such
activities as conversion and proselytism, religious
violence is less.”
Brian J. Grim, Religious Freedom and Social Well-being: A Critical Appraisal, 2 IJRF 1, 44 (2009).
Why is it in Economic Interest of Businesses
to Promote Religious Freedom?
 Reduced corruption. Corruption is bad for
business and empirical studies confirm that laws
and practices that burden religion increase
corruption.
Lipset, Seymour Martin and Gabriel Salman Lenz; CORRUPTION, CULTURE, AND MARKETS, IN CULTURE MATTERS: HOW VALUES SHAPE
HUMAN PROGRESS, 112-24 (Lawrence E. Harrison and Samuel P. Huntington, eds., N.Y Basic Books, 2000).
 Improved community environments. Churches
provide substantial healthcare, education and
humanitarian contributions to their communities,
which improve the overall community
environment in which they operate.
Why is it in Economic Interest of Businesses
to Promote Religious Freedom?
 Enhanced goodwill and public image.
Business will benefit from enhanced goodwill
and public image for promoting such a
fundamental human right as religious
freedom.
 Improved ties with like-minded business
partners and ethical investment funds. Some
partners and investment funds prefer
companies that are responsive to human rights.
How Does Religious Freedom Improve
Business Productivity?
 Improved recruitment and retention. Individuals
with key expertise might reject expatriate
assignments, or end them early, if the country of
assignment restricts their ability to exercise their
religion – this will impact productivity.
 Improved employee morale. Morale of employees
will improve, especially for those with strong
religious beliefs, if they can practice their religion –
this will improve productivity.
How Does Religious Freedom Improve
Business Productivity?
 Improved workplace environment. Promoting
religious freedom will engender a corporate culture
of greater tolerance and less hostility among fellow
employees with different religious views – this
hostile-free environment will enhance productivity.
 Improved communication and collaboration. A
work environment that is not plagued by religious
intolerance or hostility among colleagues will result
in improved communication and collaboration
among employees – this will enhance productivity.
How Does Religious Freedom Improve
Business Productivity?
 Fewer employee claims of religious discrimination.
A work environment that promotes religious
freedom will be less troubled by the turmoil and
costs (time and money) associated with religious
discrimination claims – this will improve
productivity.
 Improved internal goodwill. The goodwill of the
company in the eyes of its own employees will be
improved for recognizing the importance of life
outside the workplace, including religious freedom,
which should engender greater loyalty to the
company – this will improve productivity.
Additional Benefits from Promoting
Religious Freedom
 “Strong correlations between religious freedom and
numerous other social goods:
 protection of other human rights;
 gender empowerment;
 lower levels of armed conflict;
 lower poverty;
 greater economic freedom;
 overall liveability;
 lower income inequality;
 higher earned income, and so forth.
 Such influences create greater societal stability and a better
environment for business operations.”
Brian J. Grim and Roger Finke, The Price of Freedom Denied: Religious Persecution and Conflict in the Twenty First Century (Cambridge: Cambridge University Press, 2011), 202-213.
How Can Businesses Engage in CSR
Initiatives Related to Religious Freedom?
 Joining the United Nations Global Compact and
openly support international standards on religious
freedom;
 Supporting educational projects related to religious
freedom and tolerance;
 Engaging in dialogue with other companies,
nongovernmental organizations, and local and
national authorities on preventing religious
discrimination and promoting religious freedom,
both in the workplace and community;
How Can Businesses Engage in CSR
Initiatives Related to Religious Freedom?
 Training management and employees on
international religious freedom standards;
 Ensuring that religious freedom is an integral
part of the company’s strategic planning;
 Establishing clear corporate policies against
religious discrimination including restrictions
on religious clothing, prayers, and holy days;
How Can Businesses Engage in CSR
Initiatives Related to Religious Freedom?
 Requiring business partners, supply chain, sub-
contractors, etc. to implement specific policies
prohibiting religious discrimination;
 Promoting a culture of religious understanding
and respect within the workplace; and
 Speaking out publicly or in private to relevant
authorities in areas where governments are
guilty of restricting religious freedom.
Defending Religious Freedom:
A Corporate Social Responsibility
The business community is uniquely situated to be a
powerful ally in promoting and defending religious
freedom throughout the world, as part of its CSR
initiatives, once it understands it is its best interest
to do so.
Recent Developments
CSR-Religious Freedom Initiative
 November 2012 – Commission for Religious Liberty of
the Brazil Bar Association – (Sao Paulo)
enthusiastically endorsed CSR approach for promoting
religious freedom.
Recent Developments
CSR-Religious Freedom Initiative
 December 2012 - Informal coalition formed to promote
religious freedom within the Brazilian business
community via the CSR-religious freedom initiative.
 Coalition comprised of:
 Commission for Religious Liberty of the Brazil Bar
Association – (Sao Paulo)
 International Association for Religious Freedom (IRLA)
in Brazil, and
 Brazilian Association of Religious Freedom and
Citizenship (ABLIRC).
Recent Developments
CSR-Religious Freedom Initiative
 February 2013 – Dr. Brian Grim and Greg Clark briefed
General Counsel of United Nations Global Compact
on CSR-religious freedom initiative and upcoming
CSR-religious freedom events in Brazil in May 2013.
 General Counsel for the United National Global
Compact requested copies of CSR-religious freedom
White Paper and Executive Summary, and suggested
that such documents be posted on United National
Global Compact website.
Recent Developments
CSR-Religious Freedom Initiative
 February 2013 – Greg Clark engaged in ongoing
correspondence with “Local Network” representatives
of United National Global Compact in Brazil related to
CSR-religious freedom initiative.
Recent Developments
CSR-Religious Freedom Initiative
 May 2013 - Key CSR-religious freedom presentations
will be made during the "Festival of Freedom", a major
religious freedom event in Brazil, and before key
business organizations and possible other religious
organizations (Catholics).
 Notable participants in these upcoming presentations:
 Cole Durham
 John Graz
 Dr. Brian Grim
Recent Developments
CSR-Religious Freedom Initiative
If you desire:
 To receive a copy of this presentation;
 To receive a copy of the White Paper or Executive
Summary on CSR-religious freedom initiative; or
 To Collaborate on CSR-religious freedom
initiatives within your sphere of influence
please contact me ClarkGG@ldschurch.org