Presentation by Niklas Hansson, Diakonia, at SSE on 20 November 2013

1. Investments and Business in Southern Africa: CSR challenges and opportunities
Seminar, 20 November 2013
Commercial actors in
conflict-affected areas
Niklas Hansson, Project Manager, Diakonia
niklas.hansson@diakonia.se
Diakonia ● School of Business, Economics and Law at the University of Gothenburg
School of Global Studies at the University of Gothenburg ● Church of Sweden

2. Overview
•
The CCDA project
•
Business & development sectors: different objectives - common challenges
•
Terminology
•
Corporate responsibility: normative framework
•
Corporate responsibility: tools
•
Conclusions from the CCDA case studies
Diakonia ● School of Business, Economics and Law at the University of Gothenburg
School of Global Studies at the University of Gothenburg ● Church of Sweden

3. “While development assistance arena may seem far removed from that of
business, the issues that arise when managing a development project and
an investment project can be surprisingly similar.”
–
Harvard University, Rights-Compatible Grievance Mechanisms. A Guidance Tool for
Companies and Their Stakeholders
Diakonia ● School of Business, Economics and Law at the University of Gothenburg
School of Global Studies at the University of Gothenburg ● Church of Sweden

4. The CCDA project
Partners
•
•
•
•
Diakonia
School of Business, Economics and Law, University of Gothenburg
School of Global Studies, University of Gothenburg
Church of Sweden
Objective
To develop concepts and promote tools to encourage and enable the
corporate sector to avoid negative effects on conflict, and instead
strengthen positive impact.
Diakonia ● School of Business, Economics and Law at the University of Gothenburg
School of Global Studies at the University of Gothenburg ● Church of Sweden

5. The CCDA project
Outputs
•
Reports - Case studies on company impact in conflict-areas
- Conflict sensitivity in Scandinavian companies (HQ)
- Project synthesis report
•
•
•
Field-consultations
Conference to share lessons learned: norms – tools - practise
Online resource www.ccda.se
Cross-cutting priorities
•
•
Experience-based and drawn from actual cases
Facilitate inter-sectorial dialogue and exchange
Diakonia ● School of Business, Economics and Law at the University of Gothenburg
School of Global Studies at the University of Gothenburg ● Church of Sweden

6. The CCDA project
Target group
•
•
Businesses and investors (Scandinavian and others)
Relevant government agencies, development organizations and the
research community
Relevance
•
Relevant for most business sectors and companies engaged in high-risk
areas
Diakonia ● School of Business, Economics and Law at the University of Gothenburg
School of Global Studies at the University of Gothenburg ● Church of Sweden

7. The business & development communities:
different objectives - common challenges
High Level Forum on Aid Effectiveness (HLF)
HLF-1
HLF-2
Rome, 2003
Paris, 2005
Identify needs:
donor
harmonization
ownership,
alignment,
harmonization,
results, mutual
responsibility
HLF-3
Accra, 2008
Broadening
ownership
Diakonia ● School of Business, Economics and Law at the University of Gothenburg
School of Global Studies at the University of Gothenburg ● Church of Sweden
HLF-4
Busan, 2011
private sector,
focus on
conflictaffected & fragile
states

8. Terminology
Diakonia ● School of Business, Economics and Law at the University of Gothenburg
School of Global Studies at the University of Gothenburg ● Church of Sweden

9. Terminology
Conflict-Affected and High-Risk Areas
•
Conflict-affected area
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Weak governance zones
•
Conflict and post-conflict situations
•
High-risk areas
•
Conflict-prone state
•
Transition country
•
Fragile states
•
Complex environments
•
Failed states
 UN Guiding Principles apply to all countries
Diakonia ● School of Business, Economics and Law at the University of Gothenburg
School of Global Studies at the University of Gothenburg ● Church of Sweden

10. Terminology
Conflict-Affected and High-Risk Areas
…are situations in which the following conditions often prevail
“human rights violations; presence of an illegitimate or unrepresentative government; lack
of equal economic and social opportunity; systematic discrimination against parts of the
population; lack of political participation; poor management of revenues, including from
natural resources; endemic corruption; and chronic poverty with associated heightened
”
risks and responsibilities.
- UN Global Compact/PRI
Diakonia ● School of Business, Economics and Law at the University of Gothenburg
School of Global Studies at the University of Gothenburg ● Church of Sweden

11. Terminology
Conflict-Affected and High-Risk Areas
…are situations in which the following conditions often prevail
“human rights violations; presence of an illegitimate or unrepresentative government; lack
of equal economic and social opportunity; systematic discrimination against parts of the
population; lack of political participation; poor management of revenues, including from
natural resources; endemic corruption; and chronic poverty with associated heightened
”
risks and responsibilities.
- UN Global Compact/PRI
Diakonia ● School of Business, Economics and Law at the University of Gothenburg
School of Global Studies at the University of Gothenburg ● Church of Sweden

12. Terminology
Conflict-Affected and High-Risk Areas
Heightened risks
•
•
•
•
Physical
Legal
Reputational
Strategic
•
•
•
•
Operational
Financial
Ethical
Moral
Diakonia ● School of Business, Economics and Law at the University of Gothenburg
School of Global Studies at the University of Gothenburg ● Church of Sweden

13. Terminology
Conflict Sensitivity
The ability to
•
understand the context in which you operate
•
understand the interaction between your intervention and the context
•
act upon this understanding to avoid negative effects and maximize positive
impact
 „Do no harm‟ framework - key conflict sensitivity tool for the dev‟t community
Diakonia ● School of Business, Economics and Law at the University of Gothenburg
School of Global Studies at the University of Gothenburg ● Church of Sweden

14. UN Guiding Principles on Business
and Human Rights
Three pillars
•
the State duty to protect against human rights abuses by business enterprises;
•
the corporate responsibility to respect human rights, i.e. avoid violating the
rights of others; and
•
the need for greater access by victims to effective remedy.
Diakonia ● School of Business, Economics and Law at the University of Gothenburg
School of Global Studies at the University of Gothenburg ● Church of Sweden

15. UN Guiding Principles on Business
and Human Rights
States should
•
prevent, investigate, punish and compensate for human rights abuse
•
encourage/ require businesses to communicate how they address human rights
•
protect against human rights abuses by State-owned/controlled companies
•
ensure that those affected by human rights abuse have access to effective remedy
Diakonia ● School of Business, Economics and Law at the University of Gothenburg
School of Global Studies at the University of Gothenburg ● Church of Sweden

16. UN Guiding Principles on Business
and Human Rights
Applies to all businesses in all countries
Businesses should
•
respect human rights (Int’l Bill of HR + ILO)
•
have senior level approved policies, publicly available, facilitating identification,
prevention, mitigation of human rights abuses, and enable compensation
•
assess impact of operations, act on findings, communicate on measures taken
•
consult with affected groups and other stakeholders
•
provide remedy where businesses have caused negative impact
Diakonia ● School of Business, Economics and Law at the University of Gothenburg
School of Global Studies at the University of Gothenburg ● Church of Sweden

17. UN Guiding Principles on Business
and Human Rights
Principle #7: Respect for human rights in conflict-affected areas
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Heightened risk of gross human rights abuses in conflict-affected areas
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States should engage with businesses at the earliest stage possible
•
Special attention to gender-based and sexual violence
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Denying access to public support for businesses violating human rights
•
International humanitarian law applies – in addition to human rights law
Diakonia ● School of Business, Economics and Law at the University of Gothenburg
School of Global Studies at the University of Gothenburg ● Church of Sweden

18. What are the limits of corporate
responsibility?
Source: ‘Conflict-sensitive business practice’, International Alert
Diakonia ● School of Business, Economics and Law at the University of Gothenburg
School of Global Studies at the University of Gothenburg ● Church of Sweden

19. Tools for corporate responsibility and
human rights monitoring
•
Corporate Engagement Project (CDA)
•
Red Flags initiative (International Alert/Fafo)
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Guidance on Responsible Business in conflict-affected and high-risk areas (UN/PRI)
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Conflict-Sensitive Business Practice (International Alert)
•
Rights Compatible Grievance Mechanisms: A Guidance Tool for Companies and their Stakeholders
(Harvard University)
•
OECD Risk Awareness Tool for MNE in Weak Governance Zones
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The swisspeace Business Conflict Check
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Guide to Human Rights Impact Assessment and Managment (IBLF/IFC/UN)
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The Global Peace Index (Institute of Economics and Peace)
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Human Rights Impact Assessment for Foreign Investment Projects (Rights and Democracy)
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BLIHR Essential Steps (Business Leaders Initiative on Human Rights)
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Human Rights Compliance Assessment (Danish Institute for Human Rights)
•
Human Rights Risk Index (Maplecroft)
Diakonia ● School of Business, Economics and Law at the University of Gothenburg
School of Global Studies at the University of Gothenburg ● Church of Sweden

20. Case studies
Cases
•
•
•
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DR Congo (Heineken/Bralima)
Myanmar (Total)
occupied Palestinian territory (Industrial Estates/Tunnel owners)
Colombia (Anglogold Ashanti/Continental Gold)
Commercial conflict dependent actors (CCDA)
•
an actor that has based its actions or adjusted them to an armed conflict in such a
way as to benefit financially from it.
Diakonia ● School of Business, Economics and Law at the University of Gothenburg
School of Global Studies at the University of Gothenburg ● Church of Sweden

21. Case studies
Key questions
•
•
•
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How do the CCDAs benefit financially from the situation?
Degrees of dependency on the conflict or the conflict actors
Interaction between companies and local stakeholders, including conflict actors
Businesses‟ impacts on conflicts and vice versa
Diakonia ● School of Business, Economics and Law at the University of Gothenburg
School of Global Studies at the University of Gothenburg ● Church of Sweden

22. Case studies
Conclusions
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Increased transparency especially important in conflict-affected areas
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Porous borders between the economic and political spheres
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Corporate responsibility may not be feasible in certain extreme situations
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Check the track-record of potential partners in more than one country
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Need for more inter-sectorial dialogue between businesses, civil society and gov‟t agencies
Diakonia ● School of Business, Economics and Law at the University of Gothenburg
School of Global Studies at the University of Gothenburg ● Church of Sweden

23. Study on conflict sensitivity in
Scandinavian companies
Key question
• What systems, policies and procedures do Scandinavian companies have in place to manage the particular
risks in high-risk areas?
Conclusions
•
Companies do operate in conflict-affected areas, but sometimes low awareness on conflict context
•
Most companies try to stay out of conflict areas, but if they do engage they “try to be neutral”
•
Most companies mainstream human rights risk management rather than separate process
•
Reluctance to share valuable experiences and lessons learned due to
1) generally low awareness level on CSR in high-risk (but vary)
2) sensitive issues
Diakonia ● School of Business, Economics and Law at the University of Gothenburg
School of Global Studies at the University of Gothenburg ● Church of Sweden

24. www.diakonia.se
www.ccda.se
Niklas Hansson, Project Manager, Diakonia
niklas.hansson@diakonia.se
Diakonia ● School of Business, Economics and Law at the University of Gothenburg
School of Global Studies at the University of Gothenburg ● Church of Sweden