AMERICAN UNIVERSITY
WASHINGTON COLLEGE OF LAW
U.S. AND INTERNATIONAL ANTI-CORRUPTION LAW
2014 SUMMER PROGRAM
PROMOTING, IMPLEMENTING AND NAVIGATING
GLOBAL ANTI-CORRUPTION AND HUMAN RIGHTS RULES
A NEW GLOBAL INTEGRATED PARADIGM FOR KEY STAKEHOLDERS:
TRANSPARENCY, ACCOUNTABILITY, INTEGRITY, COOPERATION AND JUSTICE
GUIDANCE NOTE & SYLLABUS
ASSESSMENT
Class and on-line participation, reading assignments, case studies,
research papers, videos, documentaries and on-line quizzes
June 16-19, 2014
Monday-Thursday: 4-7pm
(1 credit)
Professor Keith Henderson
Office Hours: Appointment / On-line / E-mail: corrupt@wcl.american.edu
GUIDANCE NOTE
SEMINAR DESIGN, DESCRIPTION, RATIONALE AND STRATEGIC APPROACH
Strategic global frameworks, best practices trends and seminar overview guidance notes
This practice-oriented seminar is an introduction to recent global frameworks, best practices and
emerging trends related to the inter-relationship between key human rights, corruption and doing
business issues. It is designed to provide participants with an emerging picture of how some of these
frameworks and best practices tools can be used to manage, mitigate, prevent and respond to
corruption and human rights abuses within different country development contexts. It also seeks to
highlight the impact of corruption on issues of mutual interest to the business, anti-corruption and
human rights communities, through case studies from countries as diverse as China, Russia, Mexico,
Azerbaijan, Bangladesh and Kenya.
The syllabus also evolves mainly around key consensus human rights and anti-corruption principles
embraced in both the Global Compact and the Ruggie Principles. This focused approach helps minimize
the on-going debate, at least for the limited purposes of this short seminar, as to exactly where there is
consensus, and, it promotes more concrete classroom discussion and debate.
However, it should be noted that even though these documents reflect where we are at this moment in
time as to a consensus on some of the minimal human rights principles and anti-corruption mandates
and best practices, there is still plenty to debate on the prioritization and implementation side of the
equation. It should also be noted that the consensus embraced in the Global Compact and the Ruggie
Principles, not unlike the consensus principles and norms embraced in the human rights and anticorruption treaties and protocols, is ever-evolving. At least now, however, we have a multi-stakeholderoriented starting point upon which to collectively build a brighter future for people everywhere. In the
final analysis, it is clear that all key stakeholders share the universal values of Transparency,
Accountability, Integrity, Cooperation and Justice embedded in the treaties, consensus principles and
global initiatives underway.
The seminar, and perhaps others like it, will hopefully help promote more information sharing, analysis,
cooperation and debate among a range of stakeholders, through the mutual supportive principles of
transparency, accountability, good governance and the rule of law.1 While the focus is on what one
1
The Global Compact is the UN’s voluntary corporate citizenship initiative based on ten universal
principles in the areas of human rights, labor standards, the environment and anti-corruption. It has
been endorsed by 191 Heads of State and in a consensus resolution by the General Assembly. It is a
business led program that is developing practical tools and methodologies for applying human rights,
labor and anti-corruption principles and standards across a range of business sectors, issues and
geographical locations. Recently, the Compact’s Working Group on the 10th Principle recommended
action on several anti-corruption fronts post 2015, including: (i) fully implement the UNCAC by
strengthening anti-corruption policies, laws and enforcement mechanisms to create a level playing field
and incentivize good behaviors: (ii) make a commitment to reducing corruption risks from procurement
and contract processes through more transparency; (iii) commit to transparency in disclosing payments
made by the private sector and (iv) support efforts to disclose anti-corruption implementation,
enhance corporate governance and innovative collective action and public-private partnership
initiatives.
2
might call the foundational documents and general principles for beginning a useful discussion on a
complex set of inter-related human rights, corruption and business issues, it needs to be said up-front
that there are many other important treaties, protocols and initiatives that should be considered and
discussed in more advanced courses and discussions. Indeed, one of the most critical needs in this
growing field of practice is to develop more integrated, holistic policies, compliance/training programs
and monitoring and reporting tools, as this field of study and practice is still in its embryonic stages.
It should also be said up-front that the seminar Syllabus only highlights some of the key human rights,
anti-corruption and business issues impacted in the case studies in each class. This is intentional
necessary, as the issues are often crosscutting with both direct and indirect impacts on each other and
there is only time to cover selected issues. The main idea for the class discussion is to engage
participates in a meaningful discussion on at least one or two key human rights and corruption issues in
each class through readily available resource materials and actual case studies. Thus, it is important
when reading the materials to always be aware that other important human rights, principles and
treaties, as well as other anti-corruption mandates and best practices, that are not all covered or
discussed in this course. This is also important an important point to keep in mind as one thinks about
the full range of issues to include in what one might call a “gold standard Corporate Social Responsibility
CSR) program. The answer to that question may vary depending on the country, sector and domestic
law.
Ideally then, a comprehensive CSR program would encompass human rights and anti-corruption
components, international and domestic law, as well as other important Rights, such as those related to
gender, children, labor and the environment. This kind of holistic approach to CSR programming is
considered the emerging global best practice, in part, because it is more efficient. But more importantly,
it provides the entire corporate operation and its partners with the information and tools needed to
reduce costs, advance new opportunities and prevent and mitigate human rights and corruption abuses
in the first place. It also serves to create more internal and external synergies, checks-and-balances,
awareness, cooperation and collective multi-stakeholder action.
Another way of saying it is that this approach is also seen as the mark of being a good responsible
corporate citizen and employer in that it collectively embraces the fundamental mutually shared values
of transparency, accountability, integrity, human rights and the rule of law.
Research/Education Gap
There is also a great need for more academic and applied research, including multi-disciplinary courses
and clinics for universities and law schools. Indeed, it is surprising that only one law school had taught a
course on the United Nations Convention Against Corruption before last year (American
University/Washington College of Law). This relatively new global treaty includes many public and
private sector mandates and best practices that have the potential to both address and prevent many
anti-corruption and human rights abuses and globalize the rule of law.
Yet, after a decade few appreciate its potential or the treaty’s potential impact on the issues of concern
to the human rights, anti-corruption and business communities. My own cursory survey of academic
courses currently taught, reveals none that link-up, comprehensively, issues of mutual interest to these
communities. Similarly, most corporate training programs appear to have only taken minimal steps
down this road, although that number is growing.
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Other related treaties, protocols and global initiatives
Other related important treaties and protocols not covered in this introductory course include: (i) the
ILO Conventions; (ii) the Rio Declaration; (iii) the UN Convention Against Torture; (iv) the Convention on
Elimination of All Forms of Discrimination Against Women and (v) the Convention on the Rights of the
Child, just to name a few.
Other important sector-oriented global initiatives include: (i) the Clean Clothes Campaign (retail): Model
Code; (ii) the Kimberly Process (mining); (iii) the Voluntary Principles on Security and Human Rights
(mining/oil & gas); (iv) The Equator Principles (financial); the Extractive Industry Transparency Initiative
(EITI/natural resources); (vi) the Partnering Against Corruption Initiative (PACI/CEOs) and (v) the
Electronic Industry Code of Conduct (technology). There are many more.
The seminar is primarily geared towards providing multiple stakeholders, including students, current
public and private sector professionals and those in the human rights and anti-corruption communities,
with some of the basic information, resources, research skills and tools needed to work individually and
collectively in this growing field of study and practice. The main thesis is that while we now have many
of the global laws, policies, frameworks, tools and consensus principles in place, the next strategic step
is to promote more stakeholder mutual awareness and mutually supportive policies and priorities, as
well as more strategic and uniform monitoring and reporting on priority issues.
This inclusive, information-oriented approach should help key stakeholders prevent and reduce risks
related to corruption and human rights abuses and simultaneously promote economic, sustainable
development with integrity. More strategic monitoring and reporting will also help promote more
information sharing, deeper analysis and more effective implementation and compliance. Clearly, new
information technologies and social media have an important role to play in this whole process.
21st Century Challenge/New Opportunities/Consensus?
The 21st Century challenge is to take new consensus-oriented global rules of the road to higher
awareness, implementation, prevention, enforcement, compliance and cooperation levels. Experience
in the anti-corruption and human rights communities tells us that one effective way to do this is to wrap
UNCAC public and private sector legal and good governance mandates and best practices around
consensus-bound 21st century universal human rights, good governance principles and reporting tools
and the rule of law.
This seminar attempts to build on recent human rights and anti-corruption global frameworks and some
of the human rights and anti-corruption consensus principles that the public and private sectors have
generally agreed are mutually supportive and are of high priority.
These voluntary consensus principles outline concrete steps businesses should take to prevent, identify,
mitigate and remediate adverse human rights and corruption impacts on their operations. They also
serve to promote more sustainable economic and social development, more collective action and more
Rule of Law.
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21ST CENTURY MULTI-STAKEHOLDER CONSENSUS/OPPORTUNITY?
Global human rights consensus
On the emerging human rights front, signatory companies to the Ruggie Principles and the Global
Compact are committed to: (i) supporting and respecting internationally proclaimed human rights, not
just the domestic laws of countries; (ii) to make sure they are not complicit in human rights abuses and
(iii) to provide for remediation when appropriate. And like many in the anti-corruption community,
there is a growing consensus that partnering with the anti-corruption and business communities would
help promote and most importantly prevent many self-perpetuating human rights abuses.
Global anti-corruption consensus
On the emerging corruption front, signatory countries to the UNCAC are obligated to pass and
implement laws and policies geared towards addressing and preventing corruption in both the private
and public sectors, and to promote justice systems with integrity and the rule of law. At the same time,
under the UNCAC companies are required to adhere to and implement a set of anti-corruption policies
and laws. And under the Global Compact they are committed to working against corruption in all its
forms, including bribery and extortion (Compact Principle 10). There is also a growing consensus that
addressing and preventing corruption, and preventing and addressing recurring human rights, will
require more collective action. This means more formal and informal partnerships with the other key
stakeholders, such as the business community.
Global public and private sector consensus
Over the last 15 years or so a global consensus that corruption is just wrong and that many forms of it
should be criminalized universally. Lessons learned, as captured in recent research global research, has
also led to a consensus that both public and private sector corruption are too costly to society and to
companies alike. In essence, corruption produces an unlevel, unfair economic, legal and social playing
field that impedes economic growth, entrepreneurship and sustainable development and
disproportionately impacts the poor, disadvantaged and oppressed.2 This research also illustrates that
addressing systemic corruption requires a broad multi-stakeholder coalition. Clearly, large and small
companies have a critical leadership role to play in this regard. Corporate led global initiatives, such as
PACI’s Vanguard Initiative (launched in Davos in 2014), the UN Global Compact (2000) and sectororiented compacts, like CoST, EITI and the Kimberly Process, are all helping promote awareness and
consensus and are helping set the global stage for effective collective action and globalizing rule of law.
Collaboration opportunities and awareness/education gaps
The content and need for this and more seminars, training and academic courses are built around 20th
and 21st century globalization trends, emerging information technologies, new legal and voluntary
frameworks and best practices, including growing global movements in the human rights, anticorruption and business communities. These forces and emerging empirical research are building-up
the demand for sustainable, harmonized reforms, universal human rights and anti-corruption best
2
Contextual Choices in Fighting Corruption: Lessons Learned (NORAD 2011). To download this research,
see the Ready Reference Guide in the Syllabus.
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practices. They present new opportunities to link-up, prevent and better enforce universal human rights
obligations and key interrelated anti-corruption mandates and best practices through collective action.
In short, less corruption, more human rights, more sustainable economic and social development and
more rule of law are mutually supportive goals for all stakeholders -- rich and poor alike.
More specifically, this workshop builds on lessons learned and best practices from global experience and
empirical and applied research related to the human rights, anti-corruption and business communities:
Global Truisms:
Global Lessons Learned
1.
Addressing corruption is the single greatest obstacle to economic and social development,
the fair and effective enforcement of both anti-corruption laws and human rights and the
prevention of human rights abuses. Addressing justice sector corruption should be a high
priority for the business, human rights and anti-corruption communities.
2.
Building coalitions to fairly and effectively enforce a set of inter-related laws, principles and
best practices is key to successfully addressing and preventing both corruption and human
rights abuses, as well as mitigating business risks, protecting investments and protecting and
enhancing reputations and business opportunities. Sometimes anti-corruption laws lead to
human rights abuses and sometimes addressing human rights abuses involves corruption.
Understanding the relationship between these two closely related issues is key to success.
3.
Educating the media, the business, human rights and anti-corruption communities and the
next generation of leaders on the links between universal rights and universal anticorruption mandates and best practices is key to reducing human rights abuses and
corruption.
4.
Proliferating new global hard and soft law, best practices and toolkits, including new access
to information and law enforcement cooperation mandates, along with new global private
sector mandates and best practices and compliance frameworks related to both the anticorruption and human rights arenas, presents new opportunities for more systematic
impact-oriented governmental and non-governmental monitoring, reporting and
enforcement of human rights and anti-corruption mandates. At the same time, integrating
all of this information into practical policies and programs presents many challenges.
5.
Promoting anti-corruption mandates and a level playing field for businesses carries with it
potential benefits and risks that require strategic management and planning in both the
monitoring and reporting process as well as business compliance and corporate
responsibility programs.
6
Future challenges for multi-stakeholders: Globalizing the Rule of Law
One of the biggest challenges is to develop more integrated tools and stronger institutions with integrity
that can push the transparency, accountability, human rights and anti-corruption agenda to the next
level. This will simultaneously help promote good public and corporate governance and sustainable
economic and social development across and within country borders, sectors and institutions.
These global frameworks, public-private oriented partnership initiatives and best practices present a
new opportunity to help globalize the rule of law, enhance economic development, reduce cost and
risks, and importantly, prevent human rights abuses and corrupt behavior. Indeed, the time, tools and
will needed for collective action through a multi-stakeholder perspective action-oriented lens has finally
arrived.
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SYLLABUS
INTRODUCTION
United Nations Convention Against Corruption – Universal Bill of Rights and the Universal Declaration
of Human Rights/The International Covenant on Civil and Political Rights/The International Covenant
on Economic, Social and Cultural Rights – United Nations Global Compact and the UN Guiding
Principles on Business and Human Rights (Ruggie Principles)
Introduction:
The seminar has three (3) key mutually reinforcing inter-related objectives:
1. Provide participants with an overview of new and emerging hard and soft law, consensus
principles, and priorities of mutual interest to the business, human rights and anti-corruption
communities.
2. Provide participants with knowledge on how to access and use key information resources, global
frameworks, best practices principles, case studies and model programs to doing business and
minimizing risks related to human rights and corruption through best practices and the multifaceted prism of the Universal Declaration of Human Rights/ICCPR & ICESC, the United Nations
Convention Against Corruption, the integrated principles for businesses embedded in the UN’s
Global Compact and the Ruggie Human Rights Principles for businesses (UN Guiding Principles
on Business and Human Rights).
3. Promote discussion and debate on cutting-edge multi-stakeholder issues related to human
rights and anti-corruption prevention and doing business, including risk assessments and
monitoring and reporting.
Some of the key cross-cutting issues to be discussed in this seminar include:





corruption is the handmaiden of human rights abuses and the biggest barrier to doing business
in many countries
integrating human rights into the anti-corruption agenda and integrating corruption issues into
the human rights agenda and integrating both into the business agenda is the key to mutual
success
preventing and addressing corruption within the justice sector is the most crosscutting and
serious corruption, human rights and development issue
preventing and addressing key systemic corruption and human rights abuses needs the strong
collective and individual support from the business, human rights and anti-corruption
communities
implementing the (i) the universal human rights principles in the UDHR (ii) the anti-corruption
mandates and best practices in the UNCAC (iii) the voluntary guidelines in the UN Global
Compact (iv) voluntary Ruggie Principles for businesses provides the global best practices
integrated framework for collective and individual action
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Seminar emphasis and course definitions:
Each class has both “Required” and “Useful” readings. The Required readings were selected to provide
participants the minimal material necessary to appreciate the links between targeted business, human
rights and corruption issues. The Useful readings identify additional resources, tools and issues to
deepen the discussion in-and-out of the classroom. The Useful readings mainly delve into issues
indirectly related to the UNCAC, UDHR, Global Compact or Ruggie Principles or they are longer
documents that require more time to read than this seminar allows. Read them selectively as your
personal interest and time allows.
The first class gives participants a fundamental grounding of some of the key mandates, best practices
and rights embedded in the UNCAC, UDHR (and the ICCPR/ICESCR), the Global Compact, the Ruggie
Principles as well as some of the key synergistic links between them. (As noted in the Seminar Note,
there are other important treaties and protocols relevant to any discussion on human rights and
corruption but for purposes of this Seminar the focus is on these core documents). The second, third
and fourth classes are primarily concentrated on real-world cases and issues of mutual stakeholder
interest within different geographical, sectoral and cultural contexts.
The main human rights, anti-corruption and business issues and practices discussed and debated in this
seminar will depend, as much as possible, on the specific interests of participants in the class. During
the first class students will be asked to note which issues and case studies from the Required Readings
are of most interest. If there is also specific interest in some of the materials or issues in the
Useful Readings we will try to discuss them as time permits. The issues, resource materials and case
studies referenced in the syllabus evolve around:
Targeted but Flexible Issues and Case Studies for this Seminar




Real-world implementation and compliance problems related to addressing corruption within
the justice system and enforcing the universal right to fair and equal justice – including key
issues related to businesses and human rights and anti-corruption advocates such as arbitrary
arrests, illegal pre-trial detention/torture.
Real-world implementation and compliance problems related to addressing corruption
problems within the government (or executive branch) and enforcing the universal right to
freedom of expression -- including key issues related to access to information, investigative
journalism, criminal defamation and whistleblowing.
Real-world implementation issues and compliance problems related to addressing corruption
problems and doing business and enforcing universal social and economic rights -- including
owning property, contract enforcement and obtaining credit.
Real-world implementation issues and compliance problems related to accessing essential
government services and the corollary universal Right to economic and social rights – including
accessing education, health and water.
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Attendance, participation/evaluation rules:
Participation is critical for meeting this seminar’s objectives. This is seminar that meets for a total of
12.5 hours Monday through Thursday from 4 to 7 pm. The evaluation and grading will be based on the
quality of participation in class discussions and in-class exercises (35%) and on the basis of a take-home
on-line examination at the end of the course (65%). The examination will focus on participants being
able to identify the core global consensus-oriented best practices documents and principles for
promoting and preventing human rights and anti-corruption abuses; and how to effectively and
efficiently use related key research web-site resources to resolve real-world problems and issues from a
multi-stakeholder perspective.
Participants can also register for Continuing Legal Education or non-academic certification credit.
Discounted fees are available for governmental and non-profit organizations.
Useful Reading Materials:
As time permits and participant interest is expressed, some of the Useful Reading materials for this
seminar will be discussed as participants move through each module, although everyone would benefit
from reading, albeit selectively, as much as possible. Should you have trouble down-loading any
documents you should be able to access them on-line by simply “Googling” for them by title and
author/institution. At a minimum, these documents and the other web sites and bibliographies
provided in this seminar should be useful reference points before, during and after the seminar.
Participants wanting to do more in-depth research during or after the seminar may also benefit from the
course materials and bibliography in the link to the draft model UNCAC/UNODC course, which WCL has
offered for two years now. This draft course is now being finalized by UNODC and will be posted on
their website this summer (2014). AU/WCL was the first law school in the world to pilot this course and
the first to offer a course on Global Corruption and the Rule of Law (2000). In the coming year the
model UNCAC course will be taught, for the first time, by dozens of universities around the world.
Link to this draft model course – “Global Corruption, Good Governance and the UNCAC” and it’s on-line
anti-corruption bibliography. (Watch for the upcoming UNODC posting this summer.)
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CLASS ONE -- JUNE 16, 2014
An Overview of Key Human Rights Principles, Anti-Corruption Mandates and Consensus Principles
Enshrined in the IBR --UDHR (ICCPR/ICESCR); the UNCAC; the Global Compact and the Guiding
Principles on Business and Human Rights (Ruggie Principles)
Key topics/issues covered include:

UNCAC’s unique legal and strategic framework:
Addressing and preventing corruption and monitoring and reporting
Key legal mandates and issues related to UNCAC implementation monitoring
and reporting and the evolving definition of global corruption

UDHR’s (& ICCPR/ICESCR) universal human rights principles and obligations:
Key problems and implementation issues for governments and NGOs

UN Global Compact and the Ruggie Principles:
Key consensus principles and obligations of the business community

Multiple stakeholders:
Corruption and human rights risks and opportunities in the public and private sectors

Key web sites, best practices and country monitoring and compliance reports:
How to access, analyze and identify anti-corruption and human rights risks and opportunities on
key web sites and non-governmental and governmental country monitoring and reporting
ASSIGNMENT
1. Please review the summary documents outlined in the Required Readings and read the
Guidance Note (if you have not already.) As you are reading through the materials identify some
of the key universal human rights principles, key universal anti-corruption laws, mandates and
best practices and key consensus areas of common interest to the business, human rights and
anti-corruption communities. Identify at least one key business issue that is impacted by both
human rights and anti-corruption issues and be prepared to discuss it in class.
2. Also try to learn how to use the websites for the Business and Human Rights Resource Centre and
for Global Compact Human Rights and Business for some of your research (see Ready Reference
Guide citations). If you have time try to use some of the other websites identified in the
Ready Reference Guide as well. They are all excellent resource references. Note some sites are
more oriented towards human rights issues and that others are more oriented towards corruption
and business issues. Your research may require searches in each site or you may need to do your
own independent research, depending on the issue, sector or country. Learning where and how
to do this kind of interdisciplinary, multi-stakeholder research is one of the aims of this seminar.
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REQUIRED READINGS
Main focus of this class: Core documents, Human Rights principles, anti-corruption mandates and
Consensus Business principles in the UDHR, UNCAC, Ruggie Principles and the Global Compact
The sites to summaries of these documents are noted below; the sites for the official full documents
can be downloaded from the Ready Reference Guide at the end of this syllabus (or by simply
searching on Google).
1. UNCAC in a nutshell – U4 Anti-Corruption Resource Centre,
www.cmi.publications/file/3769-uncac-in-a-nutshell.pdf
2. UDHR – (unofficial COE summary), www.eycb.coe.int/Compass/en/pdf/6_2.pdf
3. ICCPR/ICESCR - - (unofficial COE summary), www.eycb.coe.int/compass/en/pdf/6-4.pdf
4. The UN Global Compact – An Overview,
www.nbis.org/nbisresources/sustainable_development_equity/un_global_compact.pdf
5. Guiding Principles on Business and Human Rights (Ruggie Principles) – this site also includes a summary
of the UN Framework for the Global Compact an Ruggie Principles and links to key documents and guides,
www.business-humanrights.org/media/foley-hoag-briefing-guiding-principles-may-2011.pdf &
www.kenan.ethics.duke.edu/wp-c analysis-and-implemtation.pdf
6. TOP Business + Human Rights Issues for 2014,
http://www.ihrb.org/top10/business_human_rights_issues/2014.html
7. Linking Human Rights to Anti-Corruption, Address by Ronald Berenbeim, Senior Fellow, The Conference
Board (2010 Address) -- Human Rights and Business Dilemmas Forum
http://www.business-humanrights.org/media/berenbeim/feb-2011.pdf
8. Human Rights and a Corporation’s Duty to Combat Corruption
Bishara, N. and Hess, D., Working Paper/Michigan Ross School of Business (2013)
www.business-humanrights.org/Links/Repository/1024931/link_page_view and/or
www.ssrn.com/abstract=2388395
REQUIRED VIDEO
Justice: What is the Right Thing To Do? Sandel, M., Harvard University (2009) - (look for link to Watch
Episodes, watch Episode 1), www.freevideolectures.com > Psychology > Harvard
SEARCHABLE WEBSITE TOOLS
Visit the OHCHR website and search for issues of personal interest and guides,
http://ohchr.org>OHCHR>English>Your Human Rights>Business
Visit Home and Tools and Guidance pages on the UNOCHR website and the Dilemma’s Forum on the
human-rights/global compact website,
http://www.globalcompact.org > Issues > Human Rights
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USEFUL READINGS AND TOOLS
Business and Human Rights: The Evolving International Agenda, Ruggie, J., Faculty Research Working
Paper Series, Harvard JFK School of Government (June 2007; (see various publications and videos
including this article), www.researchhks.harvard.edu.pdf.
Human Rights and a Corporation’s Duty to Combat Corruption, Bishara N. & Hess, D., Working
Paper/Michigan Ross School of Business (2013); www.ssrn.com/abstract=2388395
Integrating Human Rights in the Anti-Corruption Agenda: Challenges, Possibilities and Opportunities,
ICHRP/2010, www.ichrp.org/files/reports/58/131b_report.pdf
Business and Human Rights Impacts: Identifying and Prioritizing Human Rights Risks – Lessons Learned
www.shiftproject.org/…business-and-human-rights-impacts-identifying-and-prioritizing
UN Guiding Principles on Business and Human Rights: Implementing the UN’s “Protect, Respect and
Remedy” Framework (2011)
www.ohchr.org>OHCHR>English> Your Human Rights>Business
Access to Justice: Human Rights Abuses Involving Corporations: China (ICJ-2010),
www.icj.org/access-to-justice-human-rights-abuses-involving-corporations-3/China
Preliminary research-based report on the negative impact of corruption on the enjoyment of human
rights, Human Rights Council 19 February 2014, A/HRC/AC/CRP.3
www.ohchr.org/Documents/HRBodies/A-HRC-AC-12-CRP-3_en.doc
The Impact of Corruption on the Criminal Justice System On Women (Nepal 2000),
www.hrsolidarity.net/mainfile.php/2000vol10no02/191/
Are women less corrupt? New study suggests it depends on cultural expectations, Esarey, J., Working
Paper - Rice University (2013) http://jee3.web.rice.edu/corruption.pdf
Integrating Human Rights and Anti-Corruption Policies: Challenges and Opportunities -- A Wake-Up Call
to the Human Rights and Anti-Corruption Communities, Henderson, K., 13th Annual Transparency
International Conference, Athens, Greece (2008), Workshop Panel Presentation Summary (look under
Documents for title), www.iacconference.org/en/conferences/details/13th_iacc/ or
www.transparency.org/
The Pretrial Global Corruption Syndrome (2000), Henderson, K (request from author)
Tool for Management implementation and Self-Assessment of the Global Compact,
www.globalcompactselfassessment.org/aoubthistool/accessthetool
QUESTIONS FOR OPEN CLASS DISCUSSION AND DEBATE
1. What are the key global frameworks and related websites for identifying mutually supportive
universal human rights, anti-corruption mandates/best practices and doing business principles
and why is it important to link-up these issues from a multi-stakeholder perspective?
2. Is there a global consensus on what some of the priority human rights, corruption and doing
business issues are within these three communities? Are there areas where there is an emerging
consensus or no consensus?
3. What are some of the key searchable websites for key information in the human rights, anticorruption and doing business arenas? What kind of information can be found on these websites
(issues, sectors, countries, surveys, compliance reports, case studies, research, etc.)?
INVITED CLASS SPEAKER - - INTERNATIONAL BAR ASSOCIATION
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CLASS TWO -- JUNE 17, 2014
Corruption Within the Justice Sector & the Legal Profession
& the Right to a Fair Trial, Due Process, Equality and the Rule of Law
Key Issues and Topics
Overview of the nature, scope, costs and risks of corruption in the justice sector to society and the
business, human rights, anti-corruption communities and the right to fair and effective justice and
equal justice.
The main topics covered are:
•
Reviewing key human rights, legal mandates, best practices and principles in the UNCAC and
UDHR – the right to a fair trial, equal justice and a justice system with integrity
•
Identifying, analyzing and comparing the real costs and risks of corruption, human rights and
business risks in a country’s justice sector – methodology and resources
•
Measuring the impact of justice sector corruption on the implementation and fair and effective
enforcement of treaties and the law across institutions, sectors and countries
•
Class exercise and discussion: judicial corruption in China, Ecuador and Russia and its potential
impact on the enforcement of anti-corruption, human rights laws and doing business
ASSIGNMENT
After reading the Required Readings and watching the Magnitsky video identify at least three
universal human rights issues raised and the corruption issues that indirectly impacted or directly
resulted in a violation of those rights (in either the Chinese or Russian case). Think about what forms
of justice sector corruption are prevalent in each case and what financial and human rights risks
companies, their employees/consultants, partners and supply chain partners, lawyers and
whistleblowers may incur in countries where the justice system is systemically corrupt.
*Please use the Business and Human Rights Resource Centre’s and the Global Compact’s Human
Rights and Business websites for some of your research.
REQUIRED READINGS
The Russian and Kaeb (extractive sector) articles, the Gathii law review (Kenya case study) & the IBA
survey will be the main focus of class discussion
Russia
1. Russia Claws at the Rule of Law, Ellis, M. (July 1, 2009), www.abajournal.com>Magazine>July 2009
Issue
2. Russia’s posthumous trial of lawyer shows corruption is still rife (February 9, 2012),
www.theguardian.org > Opinion > Russia
3. Promoting Human Rights through the Sergei Magnitsky Act, Cohen, A., (April 25, 2012),
www.russiafoundation.org > News
China
4. Executive Summary: Key Judicial Corruption Problems & Half-Way Over the Great Wall, Global
Corruption Report 2007 (GCRTI–pgs. 1-7; Henderson, K., pgs. 151-159),
www.archive.transparency.org/migrate/publications/gcr/2007
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5. Access to Justice: Human Rights Abuses Involving Corporations (China 2010) - A Project of the
International Commission of Jurists (identifies gaps and issues related to how human rights are or are not
enforced China’s justice system and makes recommendations related to corporate risks and problems).
Read pgs. 56-73 (includes several corporate case studies),
www.icj.org/access-to-justice-human-rights-abuses-involving-corporations-3/
6. China puts anti-corruption activists on trial: lawyers – Sino Daily (Dec 3, 2013),
http://www.sinodaily.com/reports/China_puts_anti-corruption_activists_on_trial_lawyers
7. Kenya
Defining the Relationship between Human Rights and Corruption (Kenya), Gathii, J., 31 U.Pa.J.Int’l Law
125 (2009), pgs. 25-61, www.scholarship.law.upenn.edu/jil/vol31/iss1/3/ or
www.ssrn.com/abstract=1342649 or www.lawecommons.luc.edu/facpubs/409/
8. Extractive Industries Sector
Emerging Issues of Human Rights Responsibility in the Extractive and Manufacturing Industries: Patterns
of Liability Risks, Kaeb, Caroline, Northwestern Journal of International Human Rights (Spring 2008). Read
pgs. 327-330 & 351-353, http://www.scholarlycommons.law.northwestern.edu>JIHR>Vol. 6>Iss.2 (2008)
9. Risks and Threats to the Legal Profession, International Bar Association (IBA Survey 2010) – review
global survey and your country-of-interest survey results related to perceived corruption within the justice
system and legal profession in many countries and think about how it potentially impacts human rights and
business issues: www.anticorruptionstrategy.org (look under Reports on this website)
REQUIRED VIDEO
Interview: William Browder on HardTalk (Russia/Magnitsky case)
www.youtube.com/watch?v=-aULyWjgtJo
USEFUL READING
Draft Implementation Guide and Evaluative Framework for Article 11 (Judicial Integrity),
www.unodc.org/corruption/UNCAC_Article_11_Implementation_Guide_and_Evaluative_Framework.pdf
Americas
Big Victory for Chevron Over Claims in Ecuador, NYTs (3/4/14),
www.chevron.com > Ecuador Lawsuit - (look over long list of news articles that help chronicle Chevron’s
trial in an Ecuadoran court over many years and look for the title of this article by date).
Barriers to the Enforcement of Court Judgments in Peru: Perspectives from SMEs and Other Users (2004)
(corruption within the enforcement process), (IDB – 2004), Elena, Herrero & Henderson,
www.sitesources.worldbank.org/EnforcementofjudgmentsinPeru.pdf
www.anti-corruptionstrategy.org (class look under “Reports” on this website)
Fighting judicial corruption: a comparative perspective from Latin America
Hammergren, L. - (Chapter 6 in 2007 Global Corruption Report (TI/pgs. 138-145)
http://www.transparency.org/research/gcr/gcr_judicial_systems
Country Reports on Judicial Independence/Corruption (Latin America – see a series of excellent reports on
judicial independence and corruption categories on this website) www.dplf.org/en
Anti-Corruption Portal of the Americas (MESICIC), http://oas.org/juridico/english/FightCur.html
The UNCAC and judicial corruption: Avenues for Reform, U4 Brief 2009:18)
www.U4.no > Publications (look through the long series of publications on numerous corruption and
human rights issues and search for the title of this title)
Criminal Justice Assessment Toolkit: Accessor’s Guide Checklist
www.justicestudies.com/pubs/untoolkit.pdf or www.track.unodc.org
The Bangalore Principles (2002-Codes of Conduct for judges),
www.judicialintegritygroup.org/index.php/jig_principles
Corruption: What Can Be Done About It? A Practitioner’s Perspective through a Russian Lens,
www.gwu.edu/ieresgwu/assets/docs/…06_04_henderson.pdf
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Business Anti-Corruption Portal Global Advice Network -- Nigeria’s judiciary: most corrupt institution
(searchable website portal), www.business-anti-corruption.com
Corporate Accountability for Human Rights Abuses: A Guide for Victims and NGOs on Recourse
Mechanisms, www.refworld.org/pdfid/4c3d5ff62.pdf
Enemy at the Gates: Bribery Charges in China (GlaxoSmithKline whistleblower), Jose Sierra – July 11,
2013), http://www.pharmarisc.com/author/jose/page/3/
Half-Way Over the Great Wall – (China - Henderson, K.), Global Corruption Report 2007,
www.transparency.org > What we do > Publications
GSK employees demand reimbursement for bribes (5/29/14), Financial Times, www.ft.com > Companies >
Health
An Anti-Corruption Strategy for the Legal Profession (IBA 2013), www.anticorruptionstrategy.org/
USEFUL VIDEO
Video: Sergei Magnitsky: Victim of Russian Oppression: Freedom House (legislation)
www.youtube.com/watch
QUESTIONS FOR CLASS DISCUSSION AND DEBATE
1. What is the role of lawyers and all key stakeholders in promoting the anti-corruption and human
rights laws, principles and best practices?
2. What are the legal and moral responsibilities of lawyers and stakeholders to report on corruption
within the justice and legal sector? The business sector?
3. Can treaties, such as the UDHR or UNCAC, or laws, regulations, property and contract rights,
including anti-corruption and human rights laws, be fairly implemented in countries where the
justice system is endemically corrupt?
4. How can human rights laws be misused in corruption cases if the justice system is systemically
corrupt?
5. How can anti-corruption laws be misused and lead to or exacerbate human rights abuses when
the justice system is systemically corrupt?
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CLASS THREE – JUNE 18, 2014
Corruption Within Government Institutions and Sectors
and the Impact on the Right To Freedom of Expression, Access to Information, Whistleblowing,
Privacy and the Rule of Law
Key Issues and Topics:
The Right to Freedom of Expression, Access to Information, Privacy, Whistleblowing, a Fair and Impartial
Trial, a Government with Integrity and the Rule of Law, guaranteed under the UDHR and the ICCPR.
[Other corruption and human rights issues covered in the Useful Readings section include the impact of
bribery on human rights such as health and education and government programs/services for the poor
and disadvantaged, guaranteed under the UDHR and the ICSEC.]
Some of the main issues/topics to be covered include:

Summary overview of the relevant provisions of the UDHR, the ICCPR, the ICSEC, the UNCAC, the
Global Compact and the Ruggie Principles through a case study lessons learned lens.

Summary overview of resources and best practices tools related to identifying and mitigating
business, corruption and human rights risks related to the human rights and corruption issues
covered in this class.

Summary overview of whistleblower best practices in problematic countries and sectors where the
lack of freedom of expression and privacy looms large -- such as the China, Kazakhstan and the
natural resources and technology sectors.
ASSIGNMENT
Please identify some of the key universal human rights issues and the corruption and human rights
issues/risks raised in the Yahoo and Google cases (outlined in the Required Readings below). Identify
issues of mutual concern to the business, human rights and corruption communities and key human
rights principles and anti-corruption mandates and best practices raised in these two important cases.
Ask yourself, what has been the business and reputational impact of these cases on Google and Yahoo?
What about the impact of corruption on the universal human rights of citizens?
(Please use the Business and Human Rights Resource Centre and the Human Rights and Business
Dilemmas Forum for some of your research).
REQUIRED READING
The China/Yahoo/Google, the European Union/Google cases and the rights, corruption issues and best
practices related to whistleblowing will be the main focus of the class discussion
1. Whistleblowing: International Standards and Developments, Banisar, D., (World Bank Institute 2011),
Read the Abstract and pgs. 1-13, www.ssrn.com/abstract+1753180
2. Global Whistleblower Hotline Toolkit, How to Launch and Operate a Legally Compliant International
Workplace Report Channel (November 2011), (White & Case, pgs. 1-3/21-22),
http://www.whitecase.com/articles-11112011/
3. Google sets up ‘right to be forgotten’ form after EU ruling, BBC News (5/30/14), see Google video and
links to background/related stories, www.bbc.com/news/technology-27631001/
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China
4. Google Shuts China Site in Dispute Over Censorship, (NYTs 03/23/10),
www.nytimes.com/2010/03/23/technology/23google.html or www.businesshumanrights.org/Links/Repository/100013
5. China: Google Decision Shows Government Intransigence: Other companies should stand together
against censorship,
http://www.hrw.org/news/2010/03/22/china-google-withdrawal-shows-government
6. NYT’s little problem in big China (10/26/12), www.theguardian.com > News > World news > China
7. Case Profile: Yahoo! Lawsuit (re China), www.business-humanrights.org/
Azerbaijan
8. Think the State of Privacy is Bad Here: Take a Trip to Baku, Azerbaijan, Kashmir Hill, Forbes (11/21/2012),
http://bit.ly/Uku3jH
Chile/Americas
9. Claude Reyes vs Chile (2006) – the right to access information is a human right, Inter-American Court of
Human Rights, Corruption and Human Rights: Making the Connection, ICHRP, pgs. 11-13,
http://r4d.dfid.gov.uk/PDF/Outputs/ICHRP/humanrights-corruption.pdf
10. Guiding Principles on Business and Human Rights: Implementing the UN’s “Protect, Respect and
Remedy” Framework, (2011 pgs. 13-20), www.unochr.org/
USEFUL READING
European human rights body says concerned about abuses in Azerbaijan – Reuters (4/23/2014),
www.morningstar.com > Topics
ICC Guidelines on Whistleblowing, www.iccwbo.org > Policies
International Principles for whistleblower legislation – publishing (2013), www.transparency.org > What
we do > Programmes, projects, activities
The Right to Information and Privacy: Balancing Rights and Managing Conflicts, (Banisar Working Paper
2011), see various reports on access to information and Privacy, http://www.freedominfo.org>What’s New
The Successes and Failures of Whistleblower Laws, Vaughn, R. (2012), National Security chapter, pgs. 211238, www. Amazon.com
The KGB Enters the Digital Age: Regional and Global trends with Russian Roots? TCS Daily/Ideas in Action
with Jim Glassman (Digital Column), Henderson K., (9/18/2000),
http://www.ideasinactiontv.com/tcs_daily/2000/09/the-kgb-enters-the-digital-age
China Issues Comprehensive Regulation on Collection and Use of Personal Information by Internet and
Telecommunication Service Providers, Covington & Burling E-Alert/Privacy & Data Security,
www.insideprivacy.com > International
Comparative Perspectives on Corruption and its Impact on Implementing Economic, Social and Cultural
Rights in India and China, http://www.cityu/edu.hk/slw/EmergingFreeMarket/Abstract_Raj_Kumar.html
Code of Conduct Toolkit: Drafting and Launching a Multinational Employer’s Global Code of Conduct, White
& Case (2010), www.whitecase.com/publications/
The Many Faces of Corruption, (Transparency International 2007), read pgs. IX, 191 & 203),
www:transparency.org > What we do > Research > Global Corruption Report or www.transparency.org/
U.S. Initiatives to Promote Global Internet Freedom: Issues, Policy and Technology (April 5, 2010), CRS
Report for Congress www.fas.or/sgp/crs/mis/R41120.pdf
Change Your World: Yahoo’s Business & Human Rights Program (2012), (Human Rights Assessments)
http://yahoobhrp.tumblr.com/
Voluntary Principles on Security and Human Rights (2000) – The Extractive & Energy Sectors,
www.voluntaryprinciples.org/
Special Investigative Techniques-Right To Privacy, Fair Trial, Prohibition of Arbitrary Arrest, Integrating
Human Rights in the Anti-Corruption Agenda, pgs. 67-68 www.ichrp.org/files/reports/58/131b_report.pdf
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USEFUL VIDEO
Azerbaijan
Freedom of Expression on Trial, IBA/HRI (criminal threats and jail terms for lawyers, journalists and human
rights and anti-corruption advocates, www.vimeo.com/93376430
QUESTIONS FOR OPEN CLASS DISCUSSION AND DEBATE
1. What are some of the key human rights and corruption issues raised in the Required readings and
videos? To businesses? To whistleblowers? To human rights bloggers? Which issues are of mutual
interest to the business, human rights and anti-corruption communities?
2. What are some of the sectors that harbor the most potential for human rights and corruption
abuses and what is a good reference resource for sector specific insights and best practices?
3. What are some of the potential short and long-term costs and impacts of corruption and human
rights abuses in these cases (financial, legal, social, cultural, economic)?
4. How do you balance the right to freedom of expression, access to information and whistleblowing
against the right of privacy and the right to protect one’s reputation?
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CLASS FOUR – JUNE 19, 2014
Corruption Within the Regulatory System and the Right to
Government Services, Worker Safety, Life, Cultural Preservation, Clean Environment,
Water and the Rule of Law
Key issues and topics:
Identifying and preventing corruption problems within the regulatory approval process: obtaining
construction permits, starting a business and complying with environmental regulations
Some of the main issues/topics to be covered will be discussed within the context of the
Walmart/Mexico and Walmart/Bangladesh corruption cases. Issues to be covered include:
•
Doing business: the cost of regulatory corruption to businesses, citizens, workers, culture and free
and fair competition
•
The right to water, a clean environment, worker safety and cultural protection
•
Corporate risks, compliance, reporting and cost issues related to the UNCAC, Global Compact, the
UDHR, the ICCPR and the ICESCR (and related treaties/protocols)
•
Best practices: Global corporate policy and training programs that integrate anti-corruption and
human rights mandates and universal rights
ASSIGNMENT
Read the Required Reading articles and watch the Required videos. Then use the Business and Human
Rights Resource Centre and the Global Compact’s Human Rights and Business “Dilemmas” Forum
(below) web sites to help you identify key issues, UNCAC mandates and UDHR’s principles at play in the
case you select, and do your own independent research as needed. Review all of your notes from
previous classes and prepare for an open-ended Q & A.
REQUIRED READING
The Wal-Mart/Mexico and Rana Plaza/Bangladesh cases will be the main focus of class discussion
1. Beyond Ruggie’s Guiding Principles on Business and Human Rights: Charting an Embracive Approach to
Human Rights Compliance, Blitt, R., U.Texas L.R. (2012), pgs. 50-56,
www.tilj.org/content/journal/48/num1/Blitt33.pdf
Mexico
2. Wal-Mart Costs for FCPA Probe Hit $439 Million and Counting… (March 26, 2014)
www.complianceweek.com > Blogs>Boards & Governance
3. Bangladesh
Business as Usual is Not an Option: Supply Chains and Sourcing after Rana Plaza (NYR Stern -April 2014)
www.business-humanrights.org/ Documents/RanaPlaza1YearAnniversary
4. How Nike Solved its Sweatshop Problem (March 9, 2013) – Good summary outline timeline of events
www.businessinsider.com/how-nike-solved-its-sweatshop-problem-2013-5
China
5. Apple investigates new claims of China factory staff mistreatment (July 29, 2013),
www.theguardian.com/ News > Technology > Apple
Dilemmas Forum Website - Human Rights and Business Dilemmas Forum
(Website with issue oriented case studies) http://human-rights.unglobalcompact.org
20
REQUIRED VIDEOS
The Bribery Aisle: How Wal-Mart Used Payoffs to Bribe its Way Through Expansion in Mexico (12/20/12)
www.youtube.com/watch?v=hmrHjoV8o
How Wal-Mart Used Payoffs to Get Its Way in Mexico, (Democracy Now 12/20/12),
www.youtube.com/watch?v=hmr6uHjoV8o
Lawyers as Leaders: International Bar Association (see business and human rights module hub page and
other videos on the IBA website: watch Parts 1 & 2), www.ibanet.org/lawyersas
Rana Plaza Disaster: Activists form human chain (YouTube April 24, 2014)
www.youtube.com/watch?v=wOfr401_M1s
Justice for the Rana Plaza Survivors: Benetton Protest, Dublin April 23, 2014)
www.youtube.com/watch?v=7gERkdK518k
USEFUL READING/VIDEOS
2005 Global Corruption Report on Construction
www.transparency.org>What we do>Research (see series of excellent sector-related reports)
Human Rights and the Model Rules of Professional Conduct: Intersection and Integration, Davis, M., 42
Columbia Human Rights Law Review 156 (2010), www3.law.columbia.edu/hrlr OR Lexis/Nexis
The Full Story of the Rana Plaza Factory, Ronald Ellis/YouTube
www.youtube.com/watch?v=pEbFnAMHHps (optional/24 minutes)
Doing Business Mexico (2014)
http://www.doingbusiness.org > Reports > Subnational Reports
SEMINAR OVERVIEW / CLASS DISCUSSION / Q & A
1. As a Walmart employee what would you do if you discovered or were asked or told to bribe a local
official to avoid zoning, environmental or land use permits/processes?
2. As Walmart’s Chief Compliance Officer, what are some of the key issues that would need to be
included in model human rights/anti-corruption policy and compliance/training program?
3. Who is responsible for the Walmart/Mexico scandal, who was the whistleblower and what are
some of the ways to prevent human rights and anti-corruption abuses in the future?
4. Identify the corruption and human rights issues raised in the Rana Plaza case.
5. 'What is the Right Thing to Do' when you are trying to address, prevent or mitigate human rights
and corruption abuses? (Wear multiple-stakeholder hats when answering this Q).
SEMINAR EXAMINATION – ON-LINE/TAKE HOME EXAM
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READY REFERENCE GUIDE
KEY CORE DOCUMENTS & WEBSITES
The International Bill of Human Rights – including the Universal Declaration of Human Rights, the UN
Covenant on Civil and Political Rights and the UN Covenant on Economic Social and Cultural Rights
(sometimes collectively referred to as the International Bill of Human Rights), established the foundation for
promoting and protecting universal human rights; they have been ratified by virtually all countries,
www.ohchr.org/Documents/Publications/FactSheet2Rev.1en.pdf
The Universal Human Rights Index Database - provides easy access to country-by-country human rights
information – www.ohchr.org/EN/HRBodies/Pages/UniversalHumanRightsIndexDatabase.aspx
The United Nations Convention Against Corruption (UNCAC 2003) is the only global anti-corruption treaty
that has been ratified by over 170 countries. Its global framework includes mandatory laws and/or best
practices for addressing and preventing corruption within business, human rights and anti-corruption
communities, http://www.unodc.org/documents/treaties/UNCAC/Publications/Convention/08-50026_E.pdf
The UNODC TRACK Portal contains many tools and resources for anti-corruption knowledge, including a
searchable database, http://www.unodc.org/documents/corruption/TRACK/11-83315_flyer_Final_cb.pdf
The UN Guiding Principles on Business and Human Rights, otherwise known as the 2011 Ruggie Principles,
provides a consensus-oriented authoritative global standard for the business and human rights community,
and the UN Forum on Business and Human Rights,
www.ohchr.org/Documents/Publications/GuidingPrinciplesBusinessHR_EN.pdf &
http://ohchr.org/EN/Issues/Business/Pages/ForumBusinessandHR2012.aspx
The International Labor Organization (IL0) – key treaties and protocols related to workers’ rights,
www.ilo.org
Convention on Elimination of All Forms of Discrimination against Women (CEDAW 1979) – addresses a
range of rights of women and girls, www2.ohchr.org/english/bodies/cedaw/ or www.womenstreaty.org/
U4 Anti-Corruption Resource Centre -- an anti-corruption resource searchable web-site providing summary
briefs, advice and web-links, www.U4.no/
UN Global Compact (1999) – Ten consensus principles agreed to by the business, governmental, labor,
environmental, human rights and anti-corruption communities aimed at fulfilling the UN’s global 2015
Millennium development goals,
http://www.unglobalcompact.org//AboutTheGCtools_resources/humanrights.html
OECD: New Guidelines to Multinational Enterprises and the OECD Anti-Bribery Convention (new 2011
chapter on human rights) & Whistleblower Protection
www.oecd.org/corruption/newguidelinestomultinationalenterprisesandtheoecdconvention.pdf &
www.oecd.org/g20/topics/anti-corruption/
The Institute for Human Rights and Business (IHRB) – Established in 2009 as a global centre for policy and
practice geared towards raising corporate standards and strengthening public policy,
www.irb.org/pdf/UNGC_and_Human_Rights_A4_FINAL.pdf
The Business and Human Rights Resource Centre – company-oriented searchable website tracking the
positive and negative impacts of over 5100 countries worldwide, www.business-humanrights.org/ &
www.business-humanrights.org/SpecialRepPortal/home/
Amnesty International, -- global human rights information country-by-country, region-by-region, research
22
and alerts, including international guidelines for companies, www.amnesty.org
Anti-Corruption Research Network – A searchable web-site on a wide range of corruption issues, including
those related to human rights and business, www.archive.transparency.org/policy/
Corporate Responsibility for Human Rights Impacts: New Expectations and Paradigms (2014), ABA ,
www.shopamericanbar.org
Coalition for the Rule of Law in Global Markets,
https://www.uschamber.com/international/americas/policy-initiatives
The Business Case for Corporate Citizenship, Center for International Private Enterprise (2004),
www.cipe.org/sites/default/files/publication-docs/IP0410.pdf
From Words to Action: A Business Case for Implementing Workplace, Standards: Experiences from Key
Emerging Markets (2009), CIPE, www.cipe.org/publications/papers/pdf/SAI.pdf
Contextual Choices in Fighting Corruption: Lessons Learned (2011) NORAD. This multi-disciplinary,
comparative empirically-oriented research paper captures anti-corruption lessons learned over the last 15
years, within historical global context, and includes case studies from countries and regions,
http://www.norad.no/en/tools-and-publications/publications/evaluations/publication?key=383808
Doing Business – An annual World Bank global report that scores, monitors and reports on country progress
in making the regulatory process more efficient, http://doingbusiness.org/reports/global-reports/doingbusiness-2014,
Human Rights Watch – human rights alerts, research and reports country-by-country, region-by –region and
globally, www.hrw.org
International Human Rights Policy Council (IHRPC) - comparative policy-oriented research focused on human
rights, anti-corruption and business policy issues and how-to implementation tools,
www.ichrp.org/en/documents
The Many Faces of Corruption: Tracking Vulnerabilities at the Sector Level (2007) is the World Bank’s global
publication on how to identify and analyze corruption issues from a sectorial and issue-oriented perspective
through the lens of case studies, lessons learned and best practices tools.
https://openknowledge.worldbank.org/ &
http://www.u4.no/recommended-reading/the-many-faces-of-corruption-tracking-vulnerabilities-at-thesector-level/
Reporting Guidance on the 10th Principle Against Corruption (TI- 2009) – Practical tool providing guidance
and steps for companies of all sizes to report on progress on the 10th Principles,
www.transparency.org > What we do > Publications
A Wake-Up Call to the Human Rights and Anti-Corruption Communities (Transparency International) –
https://my.wcl.american.edu/Courses/Spring%202014%20Semester/39914/Course%20Materials/Hende
rson%20Seminar%20-%20Summer%202014/Transparency%20International.pdf
Pre-trial Global Corruption Syndrome (OSI) –
https://my.wcl.american.edu/Courses/Spring%202014%20Semester/39914/Course%20Materials/Hende
rson%20Seminar%20-%20Summer%202014/OSI.pdf
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GLOSSARY
CRN
Anti-Corruption Research Network (TI)
BHRRC
Business and Human Rights Resource Centre
CoST
Construction Sector Transparency Initiative
DPLF
Due Process of Law Foundation
EITI
Extractive Industry Transparency Initiative
HRBDF
Human Rights Business Dilemmas Forum (Global Compact)
IBA
International Bar Association
ICC
International Chamber of Commerce
IBHR
International Bill of Human Rights (UNDH, ICCPR & ICESCR)
ICESCR
International Covenant on Economic, Social and Cultural Rights
OAS
Organization of American States
OHCHR
Office of High Commissioner of Human Rights (UN)
OECD
Organization for Economic Development and Cooperation
PACI
Partnership Against Corruption Initiative
RESIST
Resisting Extortion and Solicitation in International Transactions (ICC)
Ruggie
Ruggie Principles (UNGPH)
TI
Transparency International
TRACK
Tools and Resources for Anti-Corruption Knowledge
WBI
World Bank Institute
WTO
World Trading Organization
USCC
U.S. Chamber of Commerce
UNODC
United Nations Office of Drugs and Crime
UNDP
United Nations Development Program
UNGC
United Nations Global Compact
UNGPBH
United Nations Guiding Principles on Business and Human Rights (Ruggie Principles)
UNCAC
United Nations Convention Against Corruption
UDHR
UDHR
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