The Causes of Human Rights Violations (47): Globalization

Human history is often viewed as a widening circle of moral concern. In the olden days, the claim goes, people cared only about their siblings and tribe. Then they started to care about their class, their nation, their religious community, their civilization, and ultimately their shared humanity. Cosmopolitanism, or the equal respect for all human beings whatever their affiliation or location, is then the end-state of morality (although some want to go further and include animals or even inanimate objects in the circle of moral concern). This end-state dovetails with human rights concerns because human rights are also the rights of all humans, whatever country, class or culture they belong to.

The widening of moral concern – if it indeed occurred as described – went in tandem with other and more familiar globalization processes, such as increased international trade, integration of different economies, the development of international law, increased communication through the internet, easier transportation, intercultural dialogue, migration etc. And all these different processes interact: communication and transportation foster trade, trade fosters communication, communication widens the circle of moral concern etc.

This story implies that globalization – of any kind – is always or unequivocally beneficial from the point of view of human rights. However, that may not be true. Let’s look at some of the pros and cons of different types of globalization.

Pros

  • Increased migration is almost without exception beneficial to the prosperity and freedom of all parties involved, although the migrants obviously benefit most.
  • Intercultural dialogue promotes tolerance and agreement on human rights, and this dialogue is not only fostered by new technologies but also by international trade. Better communication as well makes people care more about what happens in the world and makes it more difficult for oppressive regimes to hide their oppression. In this sense, communication and trade drive the widening circle of moral concern.
  • Economic interdependence between countries creates a self-interested incentive for governments to promote rights and democracy elsewhere in the world and makes it more likely that international law can impose itself over concerns about national sovereignty. Global economic collaboration requires international regulation, and economic regulation can open the door for other types of regulation, including rights regulation. Countries that depend economically on an international institutional and regulatory system, will have a much harder time invoking their sovereignty when faced with accusations of rights violations, since they already lost a huge chunk of their sovereignty due to economic integration.
  • The increasing importance of multinational companies makes it easier for consumers in one part of the world to lobby for corporate responsibility elsewhere in the world.

Cons

  • Outsourcing, a commonly cited aspect of globalization, can result in people losing their jobs, and the threat of outsourcing can force people to accept lower wages or inferior labor conditions. And work is a human right.
  • The threat of cheap foreign labor and cheap foreign products can lead to protectionism and immigration restrictions, two major causes of poverty in developing countries.
  • Globalization may erode the welfare state because a large part of the tax base – corporations, financial intermediaries and skilled workers – become internationally mobile and can thereby avoid to pay the taxes that governments need to finance their welfare systems. The tax base can also decrease because governments cut taxes in an effort to maintain the competitiveness of local businesses.
  • The previous three phenomena – outsourcing, labor and product competition and pressure on the welfare state – may not only lead to restrictions on international trade and migration, but can also counteract the widening circle of moral concern: politicians and local businesses can and often do use these threats to stir up xenophobia. A xenophobic public is more likely to vote in favor of trade and immigrations restrictions. On the other hand, there’s some evidence that people’s circle of moral concern is wider in countries that are more affected by globalization.
  • Globalization implies a certain degree of power deflation: states lose power vis-à-vis the market, multinationals, international institutions and each other. This in turn means that decisions affecting the well-being of people are taken by outside forces. Democratic self-government – which is a human right – is then threatened.
  • The interconnectedness of international financial markets increases the likelihood that a local financial or economic crisis spreads to the rest of the world.
  • A higher number of increasingly globalized multinational companies also means a higher risk that some of those threaten indigenous cultures, exploit poor workers etc.

On balance, however, I believe that globalization is good for human rights, even though I can’t quantify the pros and cons.

What Are Human Rights? (21): Dimensions of Human Rights

It’s common to believe that human rights are rights that protect us against the state. Nothing wrong there, except that it’s a gross simplification. Human rights aren’t one-dimensional. For example, there’s a difference between the vertical and horizontal dimensions of human rights: the former one describing the way rights regulate our relationship with our state/government, and the latter one pointing to the fact that it isn’t necessarily the state that violates our rights: our fellow-citizens can do the same, as can citizens of other countries. If rights had only a vertical dimension, it would be difficult, for example, to explain the mayhem caused by so-called failed states in terms of human rights violations.

With a bit of imagination, we can add a diagonal dimension: rights claims aren’t addressed only at the state and fellow human beings; corporations, cultures, associations and other groups can also violate our rights (think of corporate social responsibility, apostasy etc.). Since these entities are somewhere on a level between the levels of persons and the state, we can call this dimension diagonal.

To make things complete, we have to add a final dimension. Human rights are not bilateral, such as the rights created by a marriage contract or a commercial contract. They are omni-lateral, meaning that they are claims directed at all entities within the previous dimensions: every other human being, every state and every intermediary entity can violate our rights. That is what we mean when we say that rights are rights erga omnes.

If we put these dimensions together, we can present it graphically: every human being is situated in the center of a sphere, and the radius, wherever on the surface of the sphere it points, indicates a human rights claim.

Human Rights and International Law (15): Human Rights and Business, and the Problem of Legally Enforceable “Corporate Social Responsibility”

Something more on the impact of businesses or companies on human rights.

What is “Corporate Social Responsibility”?

Companies, like any other human entity with the power to act and influence people’s lives, should respect human rights and should do all that is possible in order to avoid that its activities somehow violate human rights. This is part of “corporate social responsibility” (CSR). The concept of CSR describes the responsibilities of corporations or companies to the wider social environment in which they operate. These responsibilities go beyond the interests or needs of shareholders, workers, employees and customers, and include care for the natural environment and for the human rights of people who are affected in some way by the activities of companies.

Potentially, CSR is of a global nature, because a company can affect the environment of places far away, and the human rights of people in distant countries. Transnational companies (TNCs) especially may have such a global impact, but other kinds of companies as well. For example, an arms producer doesn’t have to be a TNC in order to be complicit in rights violations in different parts of the world.

How can companies violate human rights?

So, human rights are part of corporate social responsibility. The activities of companies can violate human rights in various ways. Just a few quick examples:

  • Workers and employees can be forced to accept labor conditions which violate the rights described in articles 23 and 24 of the Universal Declaration. These labor conditions can even amount to slavery (violating article 4) or child labor (violating article 26) and should include the labor conditions in the supply chain and in companies that work as subcontractors (including outsourcing).
  • A company’s products and services can be harmful to the health of its customers, violating articles 3 and 25.
  • Apart from directly violating human rights, a company can also be complicit in violations committed by others. It can, for example, sell arms and other commodities to authoritarian and dictatorial governments, or governments engaged in an unjust war.
  • Its economic activity in a country can be beneficial to a dictatorial government and can prop up this government (e.g. buying diamonds from a government exploiting its people).
  • Etc.

Making companies responsible for human rights violations?

Many companies have already adopted a code of conduct, voluntarily or forced by public opinion or consumer action (see here for an example). But others haven’t. And there are still numerous companies actively engaging in activities which they know contribute to rights violations. So the question has been raised if companies should be forced to respect human rights. Or, in other words, if corporate social responsibility in general and corporate responsibility for human rights in particular, should be made legally enforceable. And, if so, how this should be done.

Of course, many laws, including human rights laws, already apply to companies and can be used to force companies to respect human rights (for example laws on labor standards, safety, non-discrimination etc.). However, perhaps it would be better to say that many such laws apply to individuals within companies rather than to companies themselves. And that’s ok, because most of the time, human rights are violated by individuals. Someone, somewhere in a companies always decides to sell arms to a warlord, to invest in a dicatorship, to impose grossly inadequate labor conditions etc. So it’s possible to find someone who’s legally responsible. (The ICC, for example, can prosecute individuals acting in their capacities as directors, employees or agents of corporations).

Some problems and solutions

However, there are two problems with this kind of reasoning. One problem is that enforcement of laws is difficult in the case of TNCs or other companies with activities abroad. A company may have its headquarters in one country, which, as it happens, is a country with good laws and good enforcement mechanism. But it’s activities generate rights violations elsewhere in the world, in countries that cannot do much about it, either because they are afraid to scare away the TNCs, or because the governments there are complicit in the human rights violations. So there’s a problem of enforcement.

And the second problem: it may not be so easy to determine exactly which individual(s) within a company are responsible for the harmful activities of the company.

A few solutions to these two problems have been proposed.

  • The first is to use international law and international enforcement mechanisms (in the style of the ICC). I have no problem with that.
  • A second potentially useful solution is to include extra-territoriality in national legislation. Companies can then be prosecuted by the country in which they have their headquarters, and under the law of this country, even if the violations have occured elsewhere. (One can even imagine some kind of universal jurisdiction).
  • A third possible solution is more troublesome: make companies separate entities punishable by (international) law, like individuals and states already are. I see some problems with this one. It would allow individual perpetrators to hide behind their companies and escape responsibility. And it would mean, in some case, that people are punished for the misbehavior of their company. For example, if a company is held liable for rights violations, and forced to pay damages which lead to bankrupcy, the company’s employees would suffer, even though they carry no responsibility for the actions of the company (or for the actions of those in the company making the decisions). That would be collective punishment, which is a morally odious concept.