"Human Rights and business
Ethics"
Keynote address by H.E. Anand
Panyarachun
International Symposium on Human
Rights and Business Ethics
Saturday, 24 October 1998
United Nations Conference Centre,
Bangkok.
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Excellencies,
Distinguished guests and participants,
Ladies and gentlemen,
It is a privilege for me to be here with you today as we commemorate
the fiftieth Anniversary of the adoption of the Universal Declaration of
Human Rights.
I would like to first commend the Thai Government for organizing this
Symposium, and other related activities, to mark the Anniversary.
Today's programme provides us with an opportunity to promote public awareness
of the meaning of human rights and its relevance to our daily lives.
I have been asked to speak to you about the subject of "Human Rights
and Business Ethics". But before I do that, allow me take this opportunity
to share with you some of my thoughts on the general topic of human rights.
When the Universal Declaration of Human Rights was adopted fifty years
ago by the Member States of the United Nations, it represented a milestone
in the long struggle for human rights. The Declaration was predicated
on principles of non-discrimination, civil and political rights, and social
and economic rights.
It was believed that these rights were to be enjoyed by all human beings
of the global village -- men, women and children, as well as by any group
of society, disadvantaged or not. These rights were not seen to be
"gifts" to be withdrawn, withheld or granted at anyone's whim or will.
Ladies and gentlemen,
Events in Asia today underscore the sad fact that violations of human
rights continue to be tolerated in many countries of our region.
The right to due process, the right to freedom of opinion and expression,
the right to freedom from torture and degrading treatment, and so forth,
are still elusive concepts in some parts of Asia.
In the past months, I have noted with much concern the spate of incidents
of ethnic hatred and perpetuation of xenophobic attitudes in our region,
which undermine the cohesive fabric of our societies. I have also
watched with dismay the systematic persecution of individuals who have
political views differing from the ruling authority. Aside from these
recent events, we also see the on-going practice of discrimination due
to race, gender and religion.
We can not and should not sit in silence and allow these
violations of our basic rights to continue to take place. As citizens
of a global and interdependent community, we all have a responsibility
to encourage our governments to promote and protect human rights.
It is my hope that we will seize on the opportunity of the fiftieth
anniversary of the Universal Declaration to mobilize all strata of society
in a reinvigorated and broad - based human rights movement.
On the part of the Thai Government, this movement has already begun.
As Chairman of the National Commission for the Formulation of a Policy
and Action Plan on Human Rights, I can tell you that we are determined
to enhance further Thailand's commitment to the various international instruments
in the field of human rights.
Ladies and gentlemen,
Let me return to the original subject of my address, namely "human rights
and business ethics." I will share with you some of my views as man
who has served in the foreign service for 23 years, then worked in the
business sector for nearly 20 years, and in the meantime accidentally became
head of government twice in the early 1990s.
One general consensus in the international community nowadays is the
greater influence of business over people's day-to-day lives and over global
development, particularly by transnational corporations.
Within the global economy, corporations own immense resources, capital
and manpower. Many multi-nationals corporations are considered more
financially powerful than some developing countries. The world's
500 largest industrial corporations control an astonishing 25 percent of
the world's economic output. The top 300 transnationals, excluding
financial institutions, own some 25 percent of the world's productive assets.
Such figures underscore the gigantic expansion of international business
influence. Control over our economic activities leads inevitably
to control over all aspects of our lives. Will we let today's "Darwinian
economics" devour our energies and erode our ethical sense? I personally
do not think that our society can let only the fittest survive, without
supporting the weak.
Restriction of the economic "survival of the fittest" within the limits
of humanity and honour, is what we mean by "morality". Hence, the
question of compatibility between morals and markets has unavoidably become
a matter of public discourse.
What do we mean when we talk of "business ethics"? In the West,
the movement of business ethics took off in the 1970s, a movement reinforced
by many social and cultural trends. People began challenging the
traditional view that money was everything - or that economic value took
precedence over other values.
"Business ethics" took the form of a marriage between economics and
ethics. The goal was to promote corporate policies and practices
that would contribute to the long-term, sustained and responsible success
of enterprises, while at the same time, fairly balance the competing claims
of key stakeholders. These include investors, employees, customers,
communities, and the environment. Through this approach, the position
of the more marginal members of our society, who have no access to power
and less voice than other citizens, would be respected.
Enlightened companies know their enterprises cannot be sustainable if
they are at odds with values, which are shared across the world, and if
they grow out of impoverishment of others.
For some time now, companies have been called on to abide by certain
environmental standards. Now their human rights standards are also
being called into question.
Exhaustive discussions have soughts to agree how for corporations should
go to protect human rights. The subjects of labour standards; health
and safety; employment; non-discrimination; freedom of expression, association
and assembly; women's and children's rights; and transparency and accountability
have all been raised.
Responding to the mounting pressure both from governments and the public,
corporations are now much more concerned with the effects their activities
have on people, communities and governments. This includes the economic
and social impact in the host country in which they do business.
In 1992, the world adopted the Rio Declaration on Environment and Development,
proclaiming that human beings were the centre of sustainable development
and that they were entitled to a healthy and productive life in harmony
with nature.
The business sector was then put in the spotlight as a leading actor
to match the rhetoric with action. The major test for business was
to devise strategies to maximize added value while minimizing resource
and energy use, and pollution. The Geneva-based Business Council
for Sustainable Development, which I had the privilege of serving as both
a member and, subsequently, as Chairman, produced a report, "Changing
Course", which mapped out a new course for an ecologically balanced
environment with proposed commitments for action.
Developing effective methods for international business to protect human
rights may be a more difficult task. Several codes of conduct have
been adopted to cover the broad issues and contexts within which businesses
work. However, there is no consensus among businesses as to how much
regulation, and how much self-discipline, would be acceptable or beneficial,
without jeopardizing their primary function of growth with efficiency.
It is my view that a unified and standardized code of ethics for business
practice should be established. In this regard, various existing
standards should be unified such as:
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Social Accountability 8000 (SA 8000);
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The OECD Guidelines for Multinational Enterprises;
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The ILO Multinational Enterprises: Tripartite
Declaration of Principle;
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The Caux Round Table Principles for Business, and
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The Amnesty International Human Rights Principles for Companies.
While the unification of these standards will be an arduous and challenging
task, it is a necessary one. Questions may be raised as to whether
it is timely to be focussing on business ethics at this time of economic
turmoil. But paradoxically, we cannot deny that our current economic
crisis is partly a result of the weakness of ethical values in our society,
which urgently need to be addressed.
In addressing the challenge of developing a standardized code of ethics
for business practice, certain questions obviously need to be asked.
One: In terms of substance, should
the code be general business responsibilities, or merely human rights concerns?
Two: In terms of application, will the code
be only applied to producer companies, or also to other relevant sectors
such as suppliers, and contractors? Will investors be included?
These must all be reflected in the code's substance.
Three: In terms of enforcement, should the
code be legally binding, or be effected on a voluntary basis?
And four: In terms of monitoring and evaluation,
how will the implementation be credibly monitored and evaluated?
I would, humbly, propose the following four guidelines for the development
of such a unified code of ethics.
The first is that the code should be realistic and practical, but
unwavering in principle. Without such an approach, the code is
unlikely to be endorsed by the concerned parties.
The second is to ensure efficient administration of the Code.
Relevant processes such as implementation, monitoring or evaluation, must
not unnecessarily increase bureaucracy and regulations.
The third is that the Code should be verifiable and reviewed.
The whole process, particularly monitoring and evaluation, must be verified
with transparency, by a credible and independent mechanism, and must be
periodically reviewed when necessary.
Lastly, the development of the code must be participatory to create
a sense of ownership and commitment of all stakeholders.
Ladies and gentlemen,
While the business sector can play a supporting role, the responsibility
for the realization and protection of human rights falls on the Government.
Government must act responsibly, as it has the duty to distribute fair
shares and responsibilities through the rule of law.
However, no government can respond to all demands. A strong civil
society is very much required, where citizens serve as monitors to review
the actions of governments.
In this regard, I am pleased to hear the Prime Minister's enthusiasm
for bringing together business and civil society as partners in human rights
protection. The NGO sector in Thailand is one of the most vibrant
in Asia. It has achieved much in promoting human rights, particularly
in the areas of political reform and protection of the rights of vulnerable
groups, such as children and women.
An emerging area of work for NGOs in Thailand is influencing the decisions
of corporations on how they do business in Thailand. In the
West, human rights groups, consumers, investors and labour unions, have
through various pressure points been successful in promoting human rights
in corporate codes of conduct. And companies have been responding
to such pressures. Those companies that get bad companies have been
responding to such pressures. Those companies that get bad press
about human rights violations have seen consumers boycott their products.
In the long run, the bottom line suffers. I would encourage our NGOs
to mount similar campaigns in the interest of protecting human rights in
Thailand.
Ladies and Gentlemen,
Moral codes are not new. They have evolved as economic life has
evolved as hunting gave way to agriculture, then to industry, and to the
present market economy. Perpetual growth is the driving force of
the market economy, but its practitioners need not be scrupulous.
Ethics are not the panacea for ills, but they supply the moral foundation
for a better individual and global order.
Ethics and business are not adversaries. In the long run, they
need each other. The market cannot be sustained by economic value
alone. It requires a set of ethical standards to make the market
not a place of exploitation, but of mutual gain. In
the midst of change and pressure for more corporate responsibility, and
the search for an appropriate and balanced role of business, it has been
said that "the task is rather like rebuilding a ship while it's still at
sea."
For those of you who may ambivalent, you should recall the wisdom of
our ancestors. When arriving at the gates of judgement the first
question asked was "Did you deal honestly in business?"
Thank you.
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