Human Rights Issues for International Organizations

Human Rights Issues for International Organizations

Fall Term 2005

September 6 to December 12

The New School (New York City)

Curt Goering (Senior Deputy Executive Director, Amnesty International USA)

Course Description

This course is designed to provide students the opportunity to learn about the growing importance of human rights and their impact in the world today with a particular emphasis on examining how management in both non-profit organizations and in the business world are approaching and responding to these trends. Students will also gain an understanding of the existing and emerging international human rights framework relevant to international organizations, learn ways in which business and human rights intersect, and be exposed to the range of methods and tactics being employed by managers in nonprofit and for-profit entities to advance or address issues relating to human rights and corporate social responsibility. Classroom discussion will include a review of trends in human rights; the development of human rights principles or standards relevant to corporations; human rights issues facing business operations abroad; specific human rights problems businesses face in conflict zones (including in post-war Iraq); globalization and human rights; collaborative efforts between business and non-profit organizations; the growing public demand for greater accountability, and other issues managers in international organizations must deal with.

Students will have the opportunity to engage first hand with managers and executives in international organizations dealing with these issues as well as with activists directly involved in advocacy efforts.

Course Requirements:

Students will be expected to follow current events relating to the course, read required texts, participate in and, on occasion, lead a class discussion. As part of a small group with fellow classmates, collaborate on and present to the class a case study critically examining and evaluating how a corporation or non profit organization has managed or is managing a human rights issue. A final paper based on the case study or another example will also be required.

October 17: 2-page abstract/outline of paper due

November 21: 8-10 page draft of paper to be submitted

November/December: Presentation and Discussion in class

December 12: 15-20 page final paper due

Grades will be based on the final paper and in-class contributions and presentations.

Grading

1) 50% class participation, preparation, presentation, effort

2) 50% final paper

In addition to the readings below, students are encouraged to check regularly among the following websites which provide good information about a range of human rights issues and latest developments.

Amnesty.org

Amnestyusa.org

Human Rights Watch (hrw.org)

Human Rights First (humanrightsfirst.org)

International Committee of the Red Cross (icrc.org)

Business-humanrights.org

United Nations (un.org)

United Nations High Commission for Human Rights

Business for Social Responsibility (bsr.org)

Physicians for Human Rights (phrusa.org)

Ethical Corporation (ethicalcorp.com)

Week 1 (September 12)

Introduction to Course: Review of objectives, assignments, readings and expectations.

We will examine the broader contemporary trends in human rights and explore the relevance of human rights in the context of larger world developments today and help students understand the interrelationship between human rights and political and social developments. Why do human rights matter? Why should business managers care about human rights or other issues relating to corporate social responsibility?

Required readings:

Amnesty International Annual Report 2005. Foreword, Introduction, and regional summaries (pp.1-33). Available at amnesty.org

Human Rights Watch World Report 2005. Skim pp 1-93. Available at hrw.org

Robinson, Mary. “Making Human Rights Matter,” HarvardUniversity Lecture Series on States, Society and the Future of Rights, September 30, 2002. (

Schulz, William F. In Our Own Best Interest: How Defending Human Rights Benefits Us All. Boston, 2001. (See especially the Introduction, Chapters 1 and 3.)

Sane, Pierre. “Why Human Rights Should Matter to the Business World,” Earth Times NewsJanuary 8, 2001

Suggested additional readings:

Human Rights are Everybody's Business ,Amnesty International publication, (POL34/008/2002). (

Business and Human Rights: Dilemmas and Solutionsedited by Rory Sullivan, Insight Investment, UKNov. 2003. See especially chapters 1-3 and 22.
Human Rights Principles for Companies, Amnesty International publication, (ACT 70/001/1998) (

Week 2 (September 19)

Existing and emerging international human rights standards

This session will examine the main international human rights standards which have been developed since WWII and their role in international relations. We will consider questions of how the standards have developed, who the standards apply to (state and nonstate actors) and whether and how human rights can be enforced. We will also review recent trends in the development and application of human rights standards, the growing importance of economic, social and cultural rights, and the debate about the universality of human rights.

Questions for Discussion

1) What do you think is the significance of the Universal Declaration of Human Rights (UDHR) and the development of international human rights standards?

2) Are there some rights in the UDHR that are of higher priority than others? Do you think it makes sense to say that the first priority needs to be economic/social development? That free speech is a luxury that will have to wait until we reach a certain point in our national development?

3) What can be done when standards are not ratified by governments? Adopted by Corporations? What if they are ratified and ignored or deliberately undermined? What value do they really have if they are ignored?

4) What do you think is the impact on international human rights standards when the world’s only superpower ignores them when it wants? How do other governments react?

5) How do international standards relate to domestic law? What happens when they conflict?

6) Why has the US not ratified some key human rights standards? How do you think the US is seen around the world when it comes to human rights standards?

7) In what situations can standards be legally deviated from? Which ones?

Required Reading:

-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 (

-Voluntary Principles on Security and Human Rights ( rights/001220fsdrl_principles.html)
Fact Sheet, Released by the Bureau of Democracy, Human Rights, and Labor
U.S. Department of State, December 20, 2000(

-United Nations Norms on the Responsibilities of Transnational Corporations and Other Business Enterprises with Regard to Human Rights (unhchr.ch/huridocda/huridoca.nsf/0/918bbd410b5a8d2cc1256d78002a535a?OpenDocument)

“Are Human Rights Universal?” available at

Thomas M. Franck, “Are Human Rights Universal?” in Foreign Affairs, January/February 2001. Available

Ramadan, Tariq, “We Must Not Accept this Repression,” The Guardian, 3 March 2005. Available at

“Economic Globalization and Human Rights,” available at

Suggested additional readings:

Beyond Voluntarism: Human Rights and the Developing International Legal Obligations of Companies, International Council on Human Rights Policy, February 2002. See especially the Introduction, Chapters 2 and 5. (

The Cairo Declaration on Human Rights in Islam, 5 August 1990 (

“Human Rights in the Arab World: A Regional Perspective,” Human Rights Quarterly, vol. 23:3, 2001, pp. 701-732

Neier, Aryeh, Asian Values vs. Human Rights, Open Society Institute

“Islam and Human Rights: Beyond the Universality Debate,”Proceedings of the 94th Annual Meeting of the American Society of International Law (2000) pp. 95-101.

Mayer, A. Elizabeth, Islam and Human Rights (Boulder: Westview Press, 1998)

Abdullahi an-Na’im, Toward an Islamic Reformation: Civil Liberties, Human Rights (Syracuse University Press, 1996).

Hassan, Riffat. "Are Human Rights Compatible with Islam? The Issue of the Rights of Women in Muslim Communities.

(

"Human Rights" in Judith R. Blau, editor, The Blackwell Companion to Sociology. Blackwell Publishers, 2001

Human Rights: Constructive Engagement with Asian Values by Wm. Theodore de Bary (

Week 3 (September 26)

How Human Rights Issues Affect Business Operations: Recent and Current Examples Session 1

This session will examine how human rights issues have affected specific businesses in recent years and the variety of ways civil society and human rights groups pressure business to pay more attention to human rights. Over the next several weeks, we will learn about some major human rights issues affecting businesses and review a number of campaigns undertaken by NGOs to influence business to make human rights a higher priority, and assess the impact of these activities.

This session will examine some of the recent cases where activist organizations have implicated corporations in human rights abuses in countries where they operate. We will examine a number of specific cases and review issues managers in both NGOs and corporations have faced. Specific examples include UNOCAL in Myanmar and Shell Oil in Nigeria, and will consider efforts by NGOs to develop new standards to increase transparency and accountability. Chevron/Texaco in Ecuador will also be noted.

Questions for Discussion

Shell in Nigeria

1) Based on what you know about the Ogoni struggle and Shell's involvement do you think Shell was right not to intervene to save the lives of the Ogoni 9 before they where executed? If yes, why?

2) Could the key players in the dispute (Nigerian government, Shell, the International Community, NGOs) have done anything different to avert the crisis? If so, what?

3) Should Shell go back to operating in Ogoniland? If so, under what conditions?

4) What key human rights issues were affected in the Ogoni struggle and what are the international basis for those rights

UNOCAL/Myanmar

1) What is the issue with Unocal in Myanmar/Burma? What are the allegations? How solid is the evidence?

-2) What due diligence should UNOCAL have done? Did they have any policies in place to guide them? Risk assessment? If so, what was being done to implement?

3) What has been UNOCAL’s response? What might have they done differently? What lessons might UNOCAL’s management learn from this experience? What are there options now?

4) What do you think about the strategy of suing in US courts for alleged corporate activity abroad?

5) Should a company talk to an NGO? Ignore it? Attack it? How should management decide?

6) How would you feel if you were an employee of executive at UNOCAL or another targeted company?

Required readings:

Amnesty International Nigeria: Are human rights in the pipeline? - AFR 44/020/2004

Available at amnesty.org

“Living with the Enemy: Non-governmental Organizations and Business,” Economist August 7, 2003.

Zagorin, Adam, Slave Labor? Unocial is Being Sued in the US for Ignoring Abuses in Burma,”Time November24, 2003

Peruse coverage of Unocal lawsuit at: humanrights.org/Categories/Lawlawsuits/Lawsuitsregulatoryaction/LawsuitsSelectedcases/UnocallawsuitreBurma

Radio Free Asia, “Unocal settles Asia Lawsuit” at

Murray, Sarah, “Legal case for doing the right thing,” Financial Times March 31, 2003.

Unocal: “The story you haven’t heard about . . . The Activists’ Lawsuits”, 4 Apr 2005

Center for Constitutional Rights: “Historic Advance for Universal Human Rights: Unocal to Compensate Burmese Villagers” (available at ccr.org)

Earthrights International: “Common Questions and Answers” [regarding Unocal Settlement], 5 Apr 2005

Suggested readings:

Kamminga, Menno T. and Saman Zia-Zarifi,Liability of Multinational Corporations under International Law , Kluwer Law International2000,See especially Section I: Introduction and Overview. Introduction; M.T. Kamminga, S. Zia-Zarifi. “Business and Human Rights in a Time of Change;” C. Avery.”An Overview of the Human Rights Accountability of Multinational Enterprises.”

Badawy, Manuela, “Ecuadorhopes for settlement in ChevronTexaco case,” Reuters, February 28, 2002. ( TexacoChevronTexacolawsuitsreEcuador?&batch_start=21)

Ecuador: Peasants Sue ChevronTexaco. (

Macalister, Terry, “Crude politics - BP has been honourable in its intentions, says Terry Macalister, but day-to-day operation is proving to be far more difficult ,”Guardian [UK], November17 2003

Webb, Tobias, “Extractive industry experts discuss working with governments on human rights issues,” Ethical Corporation, November25, 2003. (

“Shell opens its books on Nigeria,” Terry Macalister, Guardian [UK]June 20, 2003.

Human Rights Watch, “Nigeria: Government and Oil Firms Should Act on Delta Violence.” April 9, 2003.

Houlder, Vanessa, “Campaigning to win war of words: The spotlight is increasingly turning on the tactics and the politics of the environmental movement ,”Financial Times, November 13, 2003.

Igbikiowubo, Hector, “Women activists take control of Shell facility,” Vangard [Nigeria]August 5, 2003.

“Management & Excellence Says Good Ethics Pay Off for Oil Companies,” Management & Excellence July 24, 2003.

Meeting the Energy Challenge: The Shell Report 2002 Royal Dutch/Shell, 2003

Failing the Challenge: The Other Shell Report 2002 Friends of the Earth, Refinery Reform Campaign, groundWork South Africa, South Durban Community Environmental Alliance, South African Exchange Program on Environmental Justice, Fundacion Ala Plastica, Global Community Monitor and FreeTibet Campaign, April, 2003.

“Berger & Montague, P.C. Files Class Action Complaint Against Royal Dutch Petroleum and Shell Transport, p.l.c,” Berger & Montague, September23, 2002.

Lamont, James, “Big oil groups top league for 'greenwash', “Financial Times August 23, 2002.

“Unocal Announces It will Settle a Human Rights Suit: What is the Real Story Behind Its Decision?”, Anthony J. Sebok, Brooklyn Law School, in FindLaw’s Writ, 10 Jan 2005

October 3 (No class, Rosh Hashanah)

Week 4 (October 10)

How Human Rights Issues Affect Business Operations: Recent and Current Examples (Session II)

This session will continue the examination of specific human rights issues highlighted by NGOs and faced by business. We will explore additional campaign strategies and the response of business. Examples for this class will include the Most Favored Nation debate as it related to China during the Clinton Administration, the “Blood Diamonds Campaign,” and the Kimberly Process.

Questions for discussion

China/Most Favored Nation (MFN)

1) Some business executives and policymakers have argued that the best way to promote human rights in China was to increase trade and investment and develop the Chinese economy. As living standards improved and the middle class grew, that would create a greater demand for human rights and democracy. What do you think about that argument?

2) How should business executives weigh the prospects of lucrative business in China with concerns about human rights violations in the country? Should a business be concerned about operating in China or other places where human rights violations are widespread? If so, in what situations? What are their spheres of influence? (Employees, subcontracters, those in China with whom they do business?

3) How was/is John Kamm able to simultaneously pursue both business interests and human rights issues in China? (See reading). Has his business interest suffered as a result of his human rights advocacy?

4) China argues that expressions of concern about human rights constitutes interference in their internal affairs. Is it?

5) Are there implications for other areas if human rights standards are not respected? What about trade agreements or business contracts?

6) Does it make sense to link MFN status to human rights? In the years it was annually debated, were there human rights benefits? Downsides?

Blood diamonds questions

1) What are “Conflict Diamonds?” Where have “conflict diamonds” been a problem?

2) What is the Kimberley Process? What will it take to be effective?

3) Do you think most consumers are concerned about the origins of their diamonds? Would they be if they knew what you know?

4) Is international regulation of this kind of trade a legitimate role?

Required Readings:

Rosenberg, Tina. “John Kamm’s Third Way,” New York Times Magazine, March 3, 2002.

Shattuck, John. Freedom on Fire: Human Rights Wars and Americas Response,HarvardUniversity Press, 2003. See Chapter 7, “The China Syndrome” and Chapter 8, China: Collision Course.

“Conflict Diamonds: Sanctions and War,”(

“Diamonds in Conflict,” (globalpolicy.org/security/issues/diamond)

“The Flow of Blood Diamonds,” (amnestyusa.org/amnestynow/diamonds)

“Q & A about Conflict Diamonds,” Physicians for Human Rights ( diam_q&a.html)

Suggested reading:

Kamm, John,The Prisoner Information Project: A Status Report Testimony before U.S. House of Representatives Subcommittee on Asia and the Pacific of the International Relations Committee, April30, 1998.

Campbell, Greg. Blood Diamonds: Tracing the Deadly Path of the World's Most Precious Stones. 2002

Jewelers of America, “Social, Ethical and Environmental Framework,” at

Week 5 (October 17)

Business Organizations and Human Rights

Over the past decade some business organizations have increasingly engaged the debate about their human rights responsibilities and undertaken a variety of measures to demonstrate their commitment. Other companies have not. This session will review the variety of ways businesses have attempted to grapple with human rights issues and what impact those efforts have had. We will examine human rights policies various business organizations have developed and how those polices are implemented in their operations, as well as other actions businesses have undertaken to demonstrate not only their concern for human rights, but why they believe such activity makes good business sense.

Questions for discussion

1) Does your employer have a human rights policy? Do you know how/why it was developed?

2) If a such a policy exists, do you consider it effective? What role does it play in the life of the organization? Is it relevant in daily operations? How?

3) How is the policy communicated or publicized ? Is it actively promoted? Is training offered to employees?

4) If you were to become the CEO of a company without a human rights policy, how would you evaluate the need for one?

5) How would you go about creating one? What arguments would you use with employees? The Board of Directors? Shareholders?

6) Does a corporations’s reputation on CSR or human rights impact recruitment?

7) Does a corporation with a visible CSR or human rights policy set itself up for criticism? Should relevant NGO watchdogs focus their energies on corporations which have no policy or on the shortcomings of those who do?