New approach could make multinationals more accountable

Some transnational corporations (TNCs) are starting to take responsibility for their harmful impacts but a lack of systematic monitoring means it is still almost impossible to tell the good from the bad, says research by the International Institute for Environment and Development (IIED).

The authors — Christoph Schwarte of IIED's legal subsidiary, the Foundation for International Environmental Law and Development (FIELD), and Emma Wilson of IIED — say some TNCs are shifting from recognising that they need to be more transparent about their activities to actually being accountable for their social and environmental impacts.

"TNCs have activities that stretch across national boundaries and this means they are often beyond the reach of traditional corporate control systems and so cannot be held accountable for their impacts," says Schwarte.

"Some TNCs are however starting to use grievance and redress mechanisms as new tools to mitigate conflicts with local stakeholders," add Schwarte. "But there is little monitoring and assessment of what actually works."

The authors say that the global economic crisis can instigate a change in business practices and lead to better corporate accountability. As attempts to establish accountability top-down from the international level have so far failed, project-based mechanisms provide an opportunity for multinationals to improve their social and environmental performance.

"Grievance mechanisms could gradually change the way transnationals do business and interact with local communities," says Wilson. "This would be especially valuable in countries with weak governance structures as it could provide an useful means for settling disputes."

Schwarte and Wilson surveyed twenty-eight large TNCs to assess whether they have set up accountability mechanisms to address the social and environmental complaints of local communities.

The TNCs included oil and gas companies such as Total and BP, mining businesses (e.g. Anglo American and BHP Billiton), and corporations in the forestry (Weyerhaeuser or Stora Enso) and other business sectors.

The study showed that the establishment of independent complaint and dispute settlement mechanisms varies significantly between business sectors. The majority of companies that have gained experience in operating such mechanism usually describe them as "very useful" in solving conflicts with external stakeholders.

To date these mechanisms have only been set up in relation to specific projects. One TNC, however, is considering setting up an additional mechanism at the corporate level - with potentially global application.

"Transnational corporations increasingly see a strong business case for establishing formalised complaint and dispute settlement procedures," says Wilson.

In addition international finance institutions (i.e. the International Finance Corporation and the European Bank for Reconstruction and Development) require clients that receive project finance to operate such mechanisms. "Overall however there is still a significant lack of awareness and the need for in depth research on good practice," adds Wilson.

Schwarte and Wilson published their findings in a briefing paper that can be downloaded from IIED's website. http://www.iied.org/pubs/pdfs/17049IIED.pdf 

Contact

The study's authors:

Christoph Schwarte, Christoph.schwarte@field.org.uk, tel. +44 20 7872 7200

Dr. Emma Wilson, emma.wilson@iied.org, tel. +44 20 7872 7300;

Or:

Caroline Rees (director of the Governance and Accountability Program at Harvard Kennedy School) who leads a research project on grievance and redress mechanisms, caroline_rees@ksg.harvard.edu, tel. +1646 761 5056
 

Notes to editors

The new Environmental and Social Policy of the European Bank for Reconstruction and Development provides for the establishment of a"mechanism, process or procedure to receive and facilitate resolution of stakeholders’ concerns and grievances about the client’s environmental and social performance". It entered into force on 12 November 2008.

The International Institute for Environment and Development (IIED) is an independent, non-profit research institute. Set up in 1971 and based in London, IIED provides expertise and leadership in researching and achieving sustainable development (see: http://www.iied.org).

FIELD is a group of public international lawyers committed to helping vulnerable countries, communities and campaigners negotiate for fairer international environmental laws. FIELD is a subsidiary of the International Institute for Environment and Development (IIED), with a common Board of Trustees (see: http://www.field.org.uk/)

Case study: how does a grievance and redress mechanism work?
Xstrata Plc is a Swizterland-based global mining group that mines copper in Southern Peru. To deal with any situation that creates dissatisfaction amongst members of the community (e.g. pollution or loss of livelihoods) it has established a grievance and redress procedure. When community members submit a complaint it is entered into a complaints log. The head of the local company office appoints a person or a group to conduct an investigation and verify the evidence submitted. The investigator has 20 days to carry out the investigation and propose a resolution. The complainants have 15 days to decline the offer or accept it and enter into a written agreement.

If they decline the offer the unresolved complaint is passed to the Complaint System Defence Counsel appointed jointly by Xstrata and the leaders of the community. His technical team has 30 days to conduct a further investigation. The Defence Counsel then makes a decision on a proposed resolution of the grievance and the complainant has 30 days to accept or reject this decision. Grievances submitted by the whole community (not individuals) may advance to a further procedural level when Xstrata and the community appoint one arbitrator each, and these two arbitrators appoint the third one. This arbitration panel has 3 months to analyse and investigate the case and make a decision, which cannot be appealed.