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Report No.

10 (2008–2009) to the Storting


Report No. 10 (2008–2009) to the Storting

Published by:
Norwegian Ministry of Foreign Affairs
Corporate social responsibility
Internet address:
www.government.no in a global economy
Cover illustration: Torbjørn Vagstein
Cover illustration quote: Former UN Secretary-General
Kofi Annan, “The Business Contribution to the Millennium
Development Goals,” 14 June 2005

Printed by:
07 Gruppen AS – 06/2009 – Impression 2000

Corporate social responsibility in a global economy

Ø M E R KE
ILJ T
M
24

1
9

7
Trykksak 3
Report No. 10 (2008–2009) to the Storting

Corporate social responsibility


in a global economy

Translation from the Norwegian. For information only.


Table of contents

1 Introduction . . . . . . . . . . . . . . . . . . 6 3.2.1 Corporate responsibility to respect


1.1 Why do we need a white paper on human rights. . . . . . . . . . . . . . . . . . . 31
corporate social responsibility?. . . . 6 3.2.2 Corporate responsibility to
1.2 What is corporate social provide decent work. . . . . . . . . . . . . 32
responsibility? . . . . . . . . . . . . . . . . . . 7 3.2.3 Corporate environmental
1.3 The concept of CSR as used in this responsibility. . . . . . . . . . . . . . . . . . . 34
white paper . . . . . . . . . . . . . . . . . . . . 8 3.2.4 Corporate responsibility to combat
1.4 Corporate attitudes and practices . . 9 corruption . . . . . . . . . . . . . . . . . . . . . 34
1.5 Key issues in this white paper. . . . . 10 3.3 The scope of corporate responsibility 36
1.6 Aims, ambitions and expectations . 12 3.4 Social responsibility in the supply
1.6.1 State activities . . . . . . . . . . . . . . . . . . 12 chain . . . . . . . . . . . . . . . . . . . . . . . . . 39
1.6.2 The Government’s expectations 3.4.1 How far does the responsibility
of the private sector . . . . . . . . . . . . . 13 extend? . . . . . . . . . . . . . . . . . . . . . . . 39
3.4.2 Ethical requirements in the supply
2 The role and responsibilities of chain . . . . . . . . . . . . . . . . . . . . . . . . . 40
the authorities . . . . . . . . . . . . . . . . 14 3.4.3 Greening supply chains . . . . . . . . . . 42
2.1 The state’s role as owner . . . . . . . . . 15 3.5 Investment and investment
2.1.1 Framework for the management management . . . . . . . . . . . . . . . . . . . 42
of state ownership. . . . . . . . . . . . . . . 16 3.5.1 Socially responsible investment . . . 43
2.1.2 Principles for state ownership. . . . . 16 3.6 Responsibilities and opportunities . 45
2.1.3 Social responsibility in companies
in which the state has an ownership 4 Norwegian corporate
interest. . . . . . . . . . . . . . . . . . . . . . . . 17 engagement abroad –
2.2 The state as an investor and challenges and dilemmas . . . . . . 46
investment manager. . . . . . . . . . . . . 19 4.1 To engage or not to engage? . . . . . . 46
2.2.1 The ethical guidelines for the 4.2 Conducting business in
Government Pension Fund . . . . . . . 19 conflict-affected areas. . . . . . . . . . . . 49
2.2.2 Promoting social responsibility. . . . 20 4.2.1 Guidelines in zones of conflict . . . . 50
2.2.3 Exercise of ownership rights in 4.3 Natural resource-based enterprises 51
the Management of the Government 4.3.1 Local communities and the
Pension Fund . . . . . . . . . . . . . . . . . . 21 rights of indigenous peoples . . . . . . 51
2.2.4 The importance of transparency . . . 22 4.3.2 Transparency in the extractive
2.2.5 Sovereign Wealth Funds . . . . . . . . . 23 industries – EITI. . . . . . . . . . . . . . . . 52
2.3 The public sector as procurer . . . . . 24 4.4 Business engagement in
2.4 A comprehensive policy. . . . . . . . . . 26 vulnerable natural environments . . 54
4.5 The need for vigilance . . . . . . . . . . . 56
3 The private sector’s role and
responsibilities. . . . . . . . . . . . . . . . 27 5 Corporate social responsibility in a
3.1 Expectations of the private sector. . 27 development perspective . . . . . . 57
3.1.1 Guidelines for social responsibility. 27 5.1 Investments in developing countries 57
3.1.2 Good corporate practices. . . . . . . . . 28 5.2 What can companies do? . . . . . . . . . 59
3.1.3 Transparency and disclosure . . . . . 29 5.3 Partnerships for development. . . . . 60
3.1.4 Vigilance and knowledge sharing. . 30 5.4 Institution and capacity building. . . 61
3.1.5 Innovation and social responsibility 30 5.5 Responsible business – the key to
3.2 The responsibility of business in development . . . . . . . . . . . . . . . . . . . 63
key areas . . . . . . . . . . . . . . . . . . . . . . 31
6 International frameworks for 8 Evaluation of legal instruments . 86
corporate social responsibility . . 64 8.1 Criminal sanctions . . . . . . . . . . . . . . 87
6.1 The OECD Guidelines for 8.1.1 General limitations of international
Multinational Enterprises. . . . . . . . . 64 law. . . . . . . . . . . . . . . . . . . . . . . . . . . . 87
6.1.1 National Contact Points . . . . . . . . . . 66 8.1.2 The development of international
6.1.2 The Norwegian National criminal law norms . . . . . . . . . . . . . . 87
Contact Point . . . . . . . . . . . . . . . . . . . 67 8.1.3 Norwegian criminal legislation . . . . 87
6.1.3 Experiences and potential for 8.1.4 Evaluation . . . . . . . . . . . . . . . . . . . . . 88
improvement . . . . . . . . . . . . . . . . . . . 68 8.2 Civil liability . . . . . . . . . . . . . . . . . . . . 88
6.2 The UN Global Compact . . . . . . . . . 69 8.3 Reporting on social responsibility . . 89
6.2.1 How does the UN Global Compact 8.3.1 Reporting obligation under
work? . . . . . . . . . . . . . . . . . . . . . . . . . 69 Norwegian law. . . . . . . . . . . . . . . . . . 89
6.2.2 What does joining the UN Global 8.3.2 The duty to provide information about
Compact entail? . . . . . . . . . . . . . . . . . 70 ethical guidelines . . . . . . . . . . . . . . . 89
6.3 The Global Reporting Initiative . . . . 71 8.4 Grievance and monitoring
6.3.1 What does GRI reporting entail? . . . 71 mechanisms. . . . . . . . . . . . . . . . . . . . 91
6.3.2 The value of reporting . . . . . . . . . . . 72 8.5 Considerations . . . . . . . . . . . . . . . . . 93
6.4 Standardisation and certification . . . 73
6.5 The need for international guidelines 74 9 Instruments for strengthening
corporate social responsibility . . 94
7 I nternational initiatives and 9.1 Public instruments targeting the
processes for social private sector . . . . . . . . . . . . . . . . . . . 94
responsibility . . . . . . . . . . . . . . . . . . 76 9.2 Social partner organisations . . . . . . 98
7.1 Groundbreaking work in the UN on 9.3 Non-governmental organizations . . 101
human rights and business . . . . . . . 76 9.4 Research and education . . . . . . . . . . 102
7.1.1 The Special Representative of 9.4.1 The need for research . . . . . . . . . . . 102
the UN Secretary-General . . . . . . . . 77 9.4.2 Social responsibility and education. 103
7.2 Global labour standards . . . . . . . . . . 78 9.5 Dialogue and exchange of
7.3 Environmental and climate experience . . . . . . . . . . . . . . . . . . . . . 103
cooperation . . . . . . . . . . . . . . . . . . . . 81
7.4 Efforts to combat corruption . . . . . . 83 10 Economic and administrative
7.4.1 Capital flight and secrecy consequences . . . . . . . . . . . . . . . . . 106
jurisdictions . . . . . . . . . . . . . . . . . . . . 84
7.5 Trade and international cooperation 84 Annex
7.6 International frameworks and 1 Relevant websites and tools . . . . . . 107
national guidelines . . . . . . . . . . . . . . 85
Ministry of Foreign Afffairs

Corporate social responsibility

in a global economy

Report No. 10 (2008–2009) to the Storting

Recommendation from the Ministry of Foreign Affairs of 23 January 2009,

approved by the Council of State on the same day.

(The Stoltenberg II Government)

6 Report No. 10 to the Storting 2008– 2009


Corporate social responsibility in a global economy

1 Introduction

Figure 1.1

1.1 Why do we need a white paper on extent than previously, Norwegian companies are
corporate social responsibility? engaged in countries with poor human rights
records or where human rights are challenged,
Profitable companies make important contribu­ where working conditions are unacceptable, or
tions to society. They create jobs and help finance where child labour is used. They also operate in
the general welfare of the population. The main areas where there is little concern for the environ­
task of companies is to create value and generate mental impact of production processes. Legislation
financial results within the legislative framework of and its enforcement vary from country to country.
the society in which they operate. But companies The scale of corruption also varies. To an increas­
are not just operating in a market. They are also ing extent, companies are being questioned about
operating within a culture, a local community and a what acceptable business practice is and whether
political system. The debate surrounding corporate or not the company’s responsibility extends bey­
social responsibility (CSR) is concerned with the ond simply complying with the law in the country
role companies play in this broader social context. in which they are operating.
Companies have an impact on social develop­ The ethical basis for CSR derives from the invi­
ment where they operate. They therefore have a olability of human dignity. Just as politics is not an
responsibility that extends beyond value creation. end in itself, but a means of promoting social
CSR is a matter of clarifying exactly what this change for the benefit of the people and the envi­
responsibility entails and how it can best be fulfil­ ronment, a company’s profits or activities are not
led. There are examples of companies that are pro­ goals that can be viewed in isolation from other con­
fitable in financial terms, but whose activities may siderations. Economic activities also require an
be harmful to both employees and the local com­ ethical foundation that puts people, the environ­
munity. The task of politics is to change situations ment and broader social considerations centre
of this kind, in close dialogue with business actors stage. In recent years, there have been a number of
and the social partners. In a globalised world, cases that have shown the importance of CSR, as
many challenges can only be met through active well as the negative consequences for individuals,
cooperation with leading economic actors. An society and the environment when companies do
important aim of politics is to take advantage of not conduct their operations in a responsible man­
these opportunities for cooperation. ner.
The ethical aspects of CSR have become more For a number of years, leading Norwegian
apparent as a result of globalisation. To a greater companies and the social partners have given high
2008– 2009 Report No. 10 to the Storting 7
Corporate social responsibility in a global economy

priority to CSR efforts. The social partners have regardless of the economic situation. Further­
played an active role in promoting decent working more, companies can strengthen their long-term
conditions and the right to organise, also in develo­ competitiveness and position by having a responsi­
ping countries, and NGOs have played a leading ble relationship to employees, consumers, owners
role in mobilising companies to prioritise social and other interested parties. In this way, CSR does
responsibility. Many companies have integrated not involve a conflict of interests, but is a commu­
CSR into their operations and their decision- nity of interest that brings together companies, the
making processes. This is very positive. Those authorities and other actors.
who have been actively involved in the debate, and
in developing rules and norms relating to CSR,
should be commended for their efforts. But alt­ 1.2 What is corporate social
hough a number of companies and organisations responsibility?
have made considerable progress in integrating
social responsibility into their business practice, Over the years there have been different views of
there is still a need for increased awareness, grea­ the role and responsibilities of business in society.
ter knowledge and broader involvement. Some have argued that «the business of business is
These issues form the backdrop for the Govern­ business», and that the private sector benefits soci­
ment’s decision to submit a report to the Storting ety best by concentrating on increasing its profita­
on corporate social responsibility, the first of its bility within a clear legal framework. The rationale
kind. The purpose of this white paper is to raise here is that companies operating in a well-functio­
awareness about social responsibility in both the ning market contribute to achieving broader social
private and the public sectors. The Government has goals such as employment, general development
a positive impression of Norwegian companies’ abi­ and welfare, thereby making their contribution to
lity and willingness to contribute in this area, and society.
the white paper is intended to strengthen this com­ In recent years, CSR has come to encompass
mitment. The Government’s aim is to clarify the more. This relates to the increasing influence of
authorities’ expectations of the private sector, and the private sector as a result of globalisation, and
to discuss the respective roles and responsibilities the opportunities and challenges associated with
of the authorities, the private sector and other this. Corporate social responsibility, with its atten­
actors. It is also designed to boost Norwegian com­ dant norms and standards, is evolving constantly
panies’ motivation and ability to exercise social as new knowledge is acquired.
responsibility, by strengthening guidance and advi­ At the core of the concept lies the responsibility
sory measures, and increasing openness, dialogue of companies towards people, society and the envi­
and exchange of experience between the authori­ ronment that are affected by their activities.
ties and the private sector. The Government will Companies that deal with their social responsi­
play an active role in international processes aimed bility in a forward-looking manner ensure that
at further developing the CSR framework. becomes an integral aspect of their corporate
This white paper stresses the importance of governance. CSR must be clearly established as a
companies’ conduct abroad. To an increasing line management responsibility, and followed up
extent, Norwegian companies are engaging in on an ongoing basis by the company’s senior mana­
commercial activities in, and trade with, countries gement and board.
that are affected by political instability, widespread There are various strategic approaches to CSR.
poverty or corruption. It is particularly with regard Some emphasise risk management, for instance
to involvement in these markets that companies through reputation management. Others advocate
may need greater awareness and expertise. a more proactive approach to CSR, where finding
However, social responsibility is relevant irrespec­ solutions to social problems becomes part of the
tive of the market the company is operating in, and company’s business strategy, thereby providing
also applies to activities in Norway. access to important markets. Quite apart from the
Many Norwegian companies and branches are company’s contribution to society through job
experiencing the effects of the global financial cri­ creation, taxation and generating economic
sis. An active policy is needed to reverse the econ­ spillover effects, the company can develop pro­
omic downturn. Unstable times give rise to ques­ ducts, services, production methods and business
tions as to whether companies have the time and practices that promote development. Examples of
resources to exercise social responsibility. In the this include microcredit, mobile telecommunica­
Government’s view, CSR efforts are important tions, solar power and water supply.
8 Report No. 10 to the Storting 2008– 2009
Corporate social responsibility in a global economy

The substance and understanding of the con­ of international law, or to violations of other inter­
cept of CSR are dynamic. The focal issues vary national standards on which there is general agre­
according to the area of activity in question, and ement. If a company breaches environmental stan­
change over time. Philanthropy, or donating to dards, for instance, it may risk negative sanctions.
good causes, has traditionally been perceived as an For example, a decision may be made to exclude a
expression of a company’s commitment to corpo­ company from the investment universe or to dis­
rate social responsibility. Many companies conti­ continue project funding. «Responsibility» may
nue to view CSR in terms of charity and support to also be used in the sense of «legal liability», for
the local community. However, there is a growing example criminal responsibility or liability for
tendency to see the core area for practising social damages under local legislation, Norwegian law or
responsibility as the company’s own operations the legislation of a third country where legal pro­
and supply chain. ceedings could be initiated against the company.
The Government’s position is that CSR involves
companies integrating social and environmental
1.3 The concept of CSR as used in this concerns into their day-to-day operations, as well as
white paper in their dealings with stakeholders. CSR means what
companies do on a voluntary basis beyond complying
The Government views the following areas as cen­ with existing legislation and rules in the country in
tral when it comes to corporate social responsibi­ which they are operating. Companies should pro­
lity in international operations: respecting human mote positive social development through value
rights; upholding core labour standards and ensur­ creation and responsible business conduct, and by
ing decent working conditions; taking environmen­ taking the local community and other stakeholders
tal concerns into account; combating corruption; into consideration.
and maximising transparency.
All companies operating abroad are expected to
comply with the host country’s laws and regula­ 1.4 Corporate attitudes and practices
tions, as well as with Norwegian legislation insofar
as it applies to activities or operations carried out Norwegian companies that invest or operate
abroad. CSR extends beyond a company’s statu­ abroad have varying degrees of knowledge and
tory obligation to comply with national legislation. practices with regard to CSR. A survey that was
It may also be a matter of complying with legisla­ carried out for the Ministry of Foreign Affairs in
tion that is not properly enforced by the local aut­ 2008 measured the attitudes and practices of inter­
horities. nationally oriented Norwegian companies in rela­
Many developing countries have inadequate tion to CSR.1 Interviews were conducted with the
legislation, weak governance, widespread poverty general manager or staff member in charge of ope­
and corruption. In countries such as these, the way rations abroad in 300 companies with more than 50
companies do business and demonstrate responsi­ employees.
bility is of particular importance. This does not The results of the survey give the impression
mean that companies should automatically assume that a number of company representatives have a
responsibility for matters that are the province of somewhat vague understanding of CSR. Many
the authorities in the countries concerned. It associate the concept first and foremost with how a
would be unreasonable to expect this of compa­ company treats its own employees in Norway and
nies, and it would not necessarily promote long- the extent to which it supports projects in the local
term development. community or contributes funds to organisations
The concept of responsibility used in this white that are engaged in relief work or environmental
paper is linked to companies’ ethical standards, protection. Large companies have greater aware­
and is used in the sense of «moral responsibility» ness of CSR issues than small companies.
unless otherwise indicated. When a company fails However, hardly any differences in attitude seem
to comply with these standards, the result may be to be attributable to which branch companies are
that it is seen as failing to meet its own business operating in, or to whether or not they operate in
objectives, or not living up to the expectations of developing countries.
consumers, investors or the local community. The
concept of responsibility can also be invoked if 1
Conducted by Synovate Norge in January 2008. The ques­
companies, through their business conduct, contri­ tions posed in the survey and the results have been publis­
bute to human rights violations or other breaches hed on the Ministry of Foreign Affairs’ website.
2008– 2009 Report No. 10 to the Storting 9
Corporate social responsibility in a global economy

Figure 1.2 Examples of companies’ relationship to and areas of interaction with various stakeholders.

The survey also reveals the following: From the survey results, it appears that it is less
– 54 % of companies state that they have written common to check suppliers’ and subcontractors’
guidelines for how CSR should be practised CSR performance, but many of those interviewed
– Responsibility for CSR lies either with the say that they avoid doing business with companies
senior manager or with no one person in parti­ that do not have their own ethical guidelines. Com­
cular panies believe they encounter the greatest challen­
– 44 % report on CSR, the majority in their ges in their international operations in relation to
annual reports or in a special report environmental considerations. A minority of the
– Issues relating to CSR are discussed frequ­ respondents believe that Norwegian companies
ently in 28 % of executive management teams abroad demonstrate greater social responsibility
and in 20 % of company boards than foreign companies do.
According to the survey, there is little know­
The survey also shows that attitudes to CSR are ledge of international guidelines and frameworks
positive. Many see it as giving the company in concerning how companies should practise CSR.
question a competitive edge, and use it in their There are widely divergent views regarding
marketing efforts. A large proportion of those whether binding national guidelines on CSR should
interviewed believe that the company’s owners and be drawn up for Norwegian companies when opera­
financial contacts attach importance to CSR. Many ting abroad. Few believe that the Norwegian autho­
of those interviewed agree that CSR is important in rities are playing a particularly active role in advi­
recruiting competent personnel, and the majority sing Norwegian companies on CSR issues.
agree that it will become increasingly important for However, there is only moderate interest in recei­
the company in the future. ving information of this kind from the authorities.
10 Report No. 10 to the Storting 2008– 2009
Corporate social responsibility in a global economy

The survey shows that there is only moderate larly challenging in conflict-affected countries, or
knowledge of established international CSR guide­ in countries with widespread corruption or vulne­
lines, and indicates that there is a clear need for rai­ rable natural environments. This raises questions
sing awareness and increasing knowledge with about what role companies should play in relation
regard to social responsibility. to the authorities, and whether companies should
operate in such countries at all. These issues are
discussed in Chapter 4. Partnerships between vari­
1.5 Key issues in this white paper ous actors are important in meeting challenges of
this nature.
The Government has defined three key areas for According to the Government, economic enga­
action with regard to CSR. The first is exercising gement in developing countries is positive,
social responsibility in the Government’s own acti­ because it contributes to value creation and can
vities. The second is conveying society’s expecta­ promote social and political development. This is
tions to Norwegian companies. The third is develo­ the subject of Chapter 5, which discusses various
ping and influencing the framework for CSR, both ways in which companies can promote develop­
nationally and internationally. ment. The private sector can also contribute to
The public administration and the Norwegian strengthening the status of universal values and
authorities have an independent responsibility for norms, as set out in UN and OECD principles,
taking into account ethical considerations and declarations and guidelines.
behaving in a socially responsible manner. The The Government sees the need for internatio­
Government’s aim is for the public sector to be at nally recognised CSR guidelines that give guid­
the forefront in this area, both in terms of its con­ ance to Norwegian companies, provide opportuni­
duct as owner and investor, and through the procu­ ties for companies’ stakeholders to appeal against
rement of goods and services. The authorities’ violations of their rights, and create equal condi­
responsibilities in relation to these activities are tions of competition across national borders.
discussed in Chapter 2. The OECD Guidelines for Multinational Enter-
This white paper is based on the premise that prises cover the key areas for responsible business
Norwegian companies should be among the best conduct. A substantial part of the discussion in
at practising CSR, thereby helping to strengthen Chapter 6 concerns these Guidelines. The OECD
the status of human rights, create decent working Guidelines deal with respecting fundamental
conditions, protect the environment and combat human rights and combating child labour, forced
corruption. In the Government’s view, active cor­ labour and discrimination. They include employ­
porate involvement in these areas will positively ees’ right to be represented by trade unions and to
impact both the companies and society at large. engage in constructive negotiations. Protection of
The authorities’ expectations of companies are exa­ the environment features prominently in the Guid­
mined in Chapter 3, including the scope of compa­ elines, which also discuss combating bribery. The
nies’ responsibility, for instance in relation to the Guidelines draw attention to consumer interests
supply chain. and the responsibility to contribute to public finan­
Companies have a clear self-interest in con­ ces through taxation. They are also relevant for
ducting business in a socially responsible manner. small businesses and suppliers.
To an increasing extent, clients and consumers are The OECD Guidelines address the fundamental
demanding responsible production of goods and social considerations that all Norwegian companies
services. Investors emphasise the maintenance of should, in the Government’s view, take into account
high standards in companies. The media shines a in their international operations. The Government
critical spotlight on how companies follow up their considers the Guidelines to be important, and urges
suppliers and foreign subsidiaries. Employees and Norwegian companies to actively comply with them
job-seekers are attaching increasing importance to in their international activities. The Government
companies’ attitudes to CSR. Many companies have also intends to enhance the effectiveness of the Nati­
thus come to regard socially responsible conduct as onal Contact Point that informs the parties concer­
important for ensuring long-term competitiveness, ned about the Guidelines, and deals with complaints
business opportunities and reputational benefits. concerning breaches of them.
Nevertheless, companies will encounter chal­ The Government’s aim is that Norway should
lenges and dilemmas in countries where there is play a proactive role globally in order to strengthen
inadequate legislation, or a lack of enforcement the status of human rights, create decent working
and sanctions. Business activities can be particu­ conditions and protect the environment. This enga­
2008– 2009 Report No. 10 to the Storting 11
Corporate social responsibility in a global economy

gement will help to reinforce the existing CSR atives in international forums and organisations.
framework. The Norwegian authorities’ efforts in The Government places particular emphasis on
the various international processes are described international efforts to develop effective mecha­
in greater detail in Chapter 7. nisms for enforcing and complying with frameworks
In debates on CSR, the question of the balance of this kind. Norway’s anti-corruption legislation is
between voluntary action and sanctions is often rai­ an example of the implementation and enforcement
sed. It is argued that national ethical guidelines of of international conventions nationally.
a binding nature could ensure that Norwegian The Norwegian tradition of close contact and
companies fulfil their social responsibility to a gre­ cooperation between the authorities, the private
ater extent. In connection with a recommendation sector and employees has played a positive role in
by the Standing Committee on Justice regarding the development of our society. This model is an
the Act amending the Company Act and other mat­ important resource that should be safeguarded
ters (Recommendation No. 12 (2006 – 2007) to the and developed further. NGOs play a proactive role
Odelsting), a majority of the Committee requested in national and international forums. This provides
that the Government consider the question of nati­ a good basis for further developing a shared and
onal guidelines for CSR in Norwegian companies’ strengthened commitment to CSR, as discussed in
operations abroad, and report back to the Storting Chapter 9.
in an appropriate manner. This is discussed in gre­ This white paper deals primarily with compa­
ater detail in Chapter 8. nies’ international operations. Companies also
There are clear limitations on the extent to exercise social responsibility in the Norwegian
which ethical values and conditions outside Nor­ context. Examples of this include initiatives to
way’s borders can be regulated by the Norwegian create a more inclusive working life, environmen­
authorities. The Government will seek actively to tal projects, and efforts to promote gender equality
strengthen and promote CSR frameworks and initi- and competence building through cooperation bet­
ween companies and educational institutions, for
instance in the form of trainee and apprentice sche­
Box 1.1 Other relevant documents mes. However, these aspects fall outside the scope
of this white paper.
This white paper must be seen in the context
of other white papers and action plans that
have been presented, in particular the follo­
wing: 1.6 Aims, ambitions and expectations
– Report No. 13 (2006–2007) to the Storting:
The Government has high aims and ambitions for
An Active and Long-Term State Ownership
social responsibility efforts in the public sector,
– Report No. 26 (2006–2007) to the Stor­
and equally clear expectations of the private sector.
ting: The Government’s Environmental
The Government emphasises the significance of
Policy and the State of the Environment in
CSR for value creation and for bringing about chan­
Norway
ges that benefit people, the environment and soci­
– Report No. 34 (2006–2007) to the Stor­
ety at large.
ting: Norwegian Climate Policy
– The Norwegian Action Plan 2007–2010:
Environmental and Social Responsibility 1.6.1 State activities
in Public Procurement (2007)
– Aid for Trade – Norway’s Action Plan
Ownership, investment, procurement and
(2007)
administration
– Report No. 7 (2008–2009) to the Storting: • State-owned enterprises must lead the way in
An Innovative and Sustainable Norway exercising social responsibility. The Govern­
ment will seek to promote this by actively exer­
It must also be seen in the context of white cising ownership rights.
papers that are due to be submitted to the • The Ethical Guidelines for the Norwegian
Storting in the course of the 2009 spring ses­ Government Pension Fund – Global are cur­
sion, on the Government Pension Fund, on rently being revised. The results of this pro­
development policy and on the main features cess will be presented in the annual Report to
of foreign policy, respectively. the Storting on the Management of the
Government Pension Fund in spring 2009.
12 Report No. 10 to the Storting 2008– 2009
Corporate social responsibility in a global economy

• The Government will devise requirements for from external sources and developing clear and
its own suppliers. The Norwegian Action Plan transparent procedures for specific instances.
for Environmental and Social Responsibility in • The Government will continue to consider
Public Procurement will be followed up, with measures designed to prevent Norwegian nati­
particular emphasis on guidance, capacity- onals and companies committing serious envi­
building and practical advice. ronmental crime outside Norway’s borders.
• CSR will be integrated as a cross-cutting theme • The Government emphasises transparency
in the administration of all Norwegian develop­ and disclosure, and will suggest that the
ment assistance funds. scope of the Accounting Act should be exten­
ded to include information on ethical guideli­
nes and social responsibility for the largest
International frameworks and processes companies that have an accounting obliga­
• Norway will play a proactive role in strength­ tion.
ening international CSR guidelines, with a view • The Government will consider various models
to establishing more binding frameworks and for gaining a better overview of how the pri­
mechanisms. vate sector follows up its social responsibility,
• Norway will advocate the revision of the different ways of organising advisory services
OECD Guidelines for Multinational Enterprises and appropriate ways of organising the Natio­
in the areas of human rights and climate nal Contact Point for the OECD Guidelines. A
change/environment. proposal will be submitted for consultation by
• The Government will allocate increased the summer of 2009.
resources to initiatives and bodies that pro­
mote CSR, including the UN Global Compact,
the Global Reporting Initiative (GRI), the Inter­ Other measures
national Labour Organisation (ILO), and the The Government will strengthen the CSR advisory
National Contact Point for the OECD Guideli- and guidance services available to Norwegian
nes for Multinational Enterprises. companies by:
• Norway is actively supporting the ongoing • strengthening the services that provide infor­
efforts of the UN Special Representative of the mation, guidance and dilemma training;
Secretary-General on human rights and trans­ • establishing a web-based overview of informa­
national corporations and other business tion and expertise regarding CSR;
enterprises. The aim is to develop a frame­ • setting up a focal point in the Ministry of For­
work that sets out minimum requirements for eign Affairs for dealing with companies’ CSR
the corporate responsibility to respect human queries;
rights. • drawing up country profiles tailored to the pri­
• The Government is seeking to strengthen and vate sector’s needs in areas relating to CSR
coordinate Norway’s efforts to promote labour that are relevant to the situation in the coun­
rights in other countries, in accordance with tries concerned;
the newly-established strategy to strengthen • cooperating with the social partners and civil
workers’ rights globally. society with regard to sharing information and
• The Government will examine the role of experience;
secrecy jurisdictions, or tax havens, in facilita­ • evaluating companies’ CSR performance in
ting illicit financial flows. connection with advisory services and finan­
• Norway will advocate integrating CSR into cial support;
international agreements and dialogues, • initiating efforts to improve social responsibi­
where this is appropriate. lity in small and medium-sized enterprises.
The responsibility for this will lie with the
Ministry of Trade and Industry, in consultation
National measures with other relevant actors;
• The Government will strengthen the National • providing arenas for discussing specific pro­
Contact Point for the OECD Guidelines by hol­ blems and challenges that companies
ding consultations with NGOs, seeking advice encounter internationally.
2008– 2009 Report No. 10 to the Storting 13
Corporate social responsibility in a global economy

• develop and implement guidelines for social


1.6.2 The Government’s expectations of the responsibility;
private sector • follow their own guidelines in the supply chain,
The Government expects Norwegian companies by setting requirements, implementing control
to be at the forefront in terms of exercising social procedures and building capacity;
responsibility, and thereby contribute to innovation • take good corporate practices with them from
and value creation. The Government expects Nor­ Norway, including models for cooperating with
wegian companies that engage in activities abroad employees and employee representatives;
to: • develop their own CSR standards, using best
• respect fundamental human rights, including practice within their field or branch as their
those of children, women and indigenous guiding principle and goal;
peoples, in all their operations, as set out in • establish mechanisms or schemes for whistle-
international conventions; blowing or notification of unacceptable cir­
• base their operations on the ILO core conven­ cumstances;
tions regarding the right to organise and the • show transparency with regard to the econo­
abolition of forced labour, child labour and mic, social and environmental consequences of
discrimination; their operations;
• maintain HSE standards that safeguard • actively seek out information and guidance in
employees’ safety and health; connection with international operations, parti­
• seek to establish other arrangements that ena­ cularly in developing countries.
ble employees’ views to be heard in countries
where universal rights such as freedom of The Government calls on Norwegian companies to:
association and the right to collective bargai­ • increase their investments in developing coun­
ning are not upheld; tries, particularly in the least developed coun­
• take into account environmental considera­ tries (LDCs). Companies are invited to enter
tions and promote sustainable development, into strategic partnerships with the Govern­
for instance by developing and using environ­ ment in order to reduce the risks associated
mentally friendly technology; with such investments and improve their
• actively combat corruption by means of whist­ development impact;
leblowing or notification schemes, internal gui­ • actively recruit staff locally in the host country,
delines and information efforts; encourage the use of local suppliers and use
• exhibit the maximum possible degree of trans­ local companies as contractors and suppliers in
parency in connection with financial flows. developing countries;
• actively advocate global corporate agreements
In their CSR efforts, Norwegian companies are based on the ILO core conventions, and seek
expected to: to safeguard worker’s rights;
• integrate a clear awareness of CSR into their • place demands on their suppliers and business
boards, management teams and corporate cul­ partners with regard to social and environmen­
ture; tal standards, and support capacity and compe­
• build and further develop the necessary exper­ tence-building in the supply chain;
tise within the company; • inform the Norwegian authorities about seri­
• acquaint themselves with the OECD Guide- ous violations of human rights and other unac­
lines for Multinational Enterprises and follow ceptable circumstances they learn of through
them in their operations; their operations.
• consider joining the UN Global Compact;
14 Report No. 10 to the Storting 2008– 2009
Corporate social responsibility in a global economy

2 The role and responsibilities of the authorities

Figure 2.1

The Norwegian authorities play an important role ning human rights, labour standards, the environ­
as owner, investor and procurer. The public admi­ ment, sustainable resource management, taxation,
nistration and other public authorities have a sub­ corruption and trade. The Government’s role is
stantial ownership interest in the Norwegian pri­ primarily to enter into international agreements,
vate sector through publicly-owned companies and incorporate international provisions into Norwe­
through ownership interests in listed companies. gian legislation, and to follow up and enforce the
Norwegian companies abroad are often equated requirements. At the same time, however, interna­
with Norway, particularly those in which the state tional cooperation at governmental level has insuf­
has an ownership interest. These companies must ficient tools at its disposal to ensure that rights
therefore be expected and required to observe par­ established by law or agreement are respected in
ticularly high standards for social responsibility. all sovereign states at all times. CSR is therefore
Through the Government Pension Fund – Glo­ both important and necessary.
bal, the Norwegian state manages substantial Through bilateral cooperation, the Norwegian
assets on behalf of present and future generations. authorities seek to promote CSR in partner coun­
It is essential that these funds are managed in an tries. The Norwegian authorities can raise matters
ethically responsible manner. with the authorities of other countries at a political
As a purchaser, the Government can influence level and through dialogue and cooperation that it
the private sector by setting requirements for its would not be natural or possible for an individual
suppliers. company to engage in. For example, Norway coo­
The authorities stipulate the framework condi­ perates with countries such as Brazil and China on
tions for companies’ activities by adopting and environmental issues, and it conducts human
implementing national legislation, regulations and rights dialogues with China, Indonesia and Viet­
guidelines. Examples of this are regulations and nam. International cooperation and international
requirements relating to the health, safety and initiatives and measures are discussed in more
environment (HSE) field and to the natural envi­ detail in Chapters 6 and 7.
ronment. The authorities can also use positive The authorities can contribute to information
incentives to stimulate innovation in the private sharing and competence-building in the CSR con­
sector and thereby produce new or better solutions text in cooperation with other actors. Public agen­
to social challenges. cies and state investment funds must base their
The framework for corporate social responsibi­ engagement on high environmental and social
lity (CSR) is determined through international coo­ standards, cf. Chapter 9. This applies, for instance,
peration at governmental level. This applies, for to Innovation Norway, the Norwegian Agency for
example, to agreements and conventions concer­ Development Cooperation (Norad), the Norwe­
2008– 2009 Report No. 10 to the Storting 15
Corporate social responsibility in a global economy

gian Investment Fund for Developing Countries operator Avinor and the Norwegian Broadcasting
(Norfund), the Norwegian Guarantee Institute for Corporation. Others have purely commercial
Export Credits (GIEK), Eksportfinans ASA, the objectives.
Research Council of Norway, the Industrial The state has acquired ownership interests in
Development Corporation of Norway (SIVA) and such companies for a number of different reasons.
Investinor. Some companies are the result of a decision to hive
The public administration is also responsible off state production or service functions into sepa­
for maintaining high ethical and environmental rate companies. In certain cases, private parties
standards in its own activities. This is reflected, for have been brought in as co-owners through the
example, in the Platform for Leadership in the Civil sale of shares, the issuing of new shares and/or lis­
Service and the ethical guidelines for civil ser­ ting on the stock exchange. The purpose of trans­
vants. forming state enterprises into commercial compa­
nies and opening up for private ownership has,
among other things, been to increase efficiency
2.1 The state’s role as owner and acquire capital and expertise. Kongsberg
Gruppen, Telenor, StatoilHydro and Cermaq are
The Norwegian state has a direct ownership inte­ examples of previously wholly state-owned compa­
rest in a large number of Norwegian enterprises. nies that have been partially privatised. In other
The state has a major ownership interest in Nor­ cases, the state has acquired ownership interests
way’s largest listed companies, in addition to a in companies that were previously privately owned,
number of wholly state-owned companies in Nor­ for example in connection with a post-war settle­
way that have been established for sector-specific ment (Norsk Hydro) or as the result of a crisis
policy purposes, such as Vinmonopolet (the Nor­ (DnB NOR).
wegian wine and spirits monopoly), the airport

Figure 2.2 Companies broken down by the ministry responsible for their administration
Source: The Government’s Ownership Policy (2008)
16 Report No. 10 to the Storting 2008– 2009
Corporate social responsibility in a global economy

could be the case if ministry employees are mem­


2.1.1 Framework for the management of bers of a company’s governing body.
state ownership The requirement regarding equal treatment of
When the state hives off enterprises as private limi­ shareholders limits the possibility of exchanging
ted companies, public limited companies or state- information between the company and the
owned enterprises, they are no longer part of the ministry in the case of listed companies. This does
public administration. This means that the state not, however, prevent the ministry from raising
cannot manage these enterprises by administrative matters of general public interest in the ownership
decision. There is a clear division of roles between dialogue between the state and the company, on a
shareholders and company management in limited par with other shareholders. Given its substantial
companies and in the other organisational forms ownership interests in Norwegian listed compa­
used for state-owned companies. nies, it is important that the state conducts itself as
According to section 6–12 of the Public Limited and is perceived to be a predictable and professio­
Companies Act and corresponding provisions in nal owner.
other company legislation, the board of directors The current framework for the Norwegian
and the general manager are responsible for the state’s exercise of ownership rights is set out in
management of a company. This means that any Report No. 13 (2006–2007) to the Storting, An
decisions concerning the commercial manage­ Active and Long-Term State Ownership. Following
ment of the company and responsibility for day-to­ the Storting’s consideration of this white paper, the
day operations are to be made by the company’s Ministry of Trade and Industry summed up the
management. main framework for the state’s exercise of owners­
According to company legislation, the state as hip rights in the document The Government’s
owner is responsible for follow-up and control of Ownership Policy. This document was last revised
companies at a general level. The board of direc­ in September 2008.
tors has a particular responsibility for ensuring
that the company is organised in an appropriate
manner and for ensuring that the company’s assets 2.1.2 Principles for state ownership
are managed responsibly and in accordance with It has been important to draw a clear distinction
the company’s and shareholders’ interests. One of between the state’s exercise of authority, sector
the reasons why certain activities are hived off into policy and the administration of ownership. Endea­
separate companies, and why the division of roles vours are made to assign ownership of companies
between shareholders, the board and the general that operate on a purely commercial basis to an
manager laid down in company legislation is follo­ entity in one of the ministries that does not have
wed, is to ensure that the minister concerned can­ sector responsibility or competence. The Owner­
not be held accountable for the company’s busi­ ship Department at the Ministry of Trade and
ness decisions. Industry was established in 2001 in order to attend
In Recommendation S. No. 91 (1969–70), the to this task. Other ministries also administer
Storting set out guidelines, which have since been ownership interests in commercial companies.
followed, for appointing senior officials and civil The state has adopted its own principles for
servants to boards of state-owned companies. good ownership, which were approved by the Stor­
According to the guidelines, no senior official or ting in connection with its consideration of the
civil servant who, within his or her area of respon­ white paper on state ownership. The principles
sibility, has regulatory or supervisory authority apply to all state enterprises, both wholly and parti­
over a company, or who deals with matters of mate­ ally owned. They are also reproduced in the
rial importance to the company, may be appointed Government’s ownership policy document for 2007
or nominated as a member of the board of that and 2008.
company. As worded, this provision covers more The state’s principles for good ownership are:
than just companies in which the state has owner­ 1. Shareholders shall be treated equally.
ship interests. The purpose is to prevent any con­ 2. There shall be transparency in relation to the
flict of interest or problems relating to regulatory state’s ownership of the companies.
authority and to ensure that confidence in decis­ 3. Decisions and resolutions by the owner shall
ions made by the public administration is not be made/passed at the general meeting.
undermined. Another important purpose is to 4. The state will, if applicable together with other
ensure that the minister in question cannot be held owners, set performance objectives for the
accountable for a company’s decisions, which
2008– 2009 Report No. 10 to the Storting 17
Corporate social responsibility in a global economy

companies; the board of directors is responsi­ ally responsible management of companies


ble for the objectives being attained. means that companies must endeavour to
5. The capital structure of the companies shall be demonstrate a consistently good practice
adapted to the objective of the ownership and towards all its stakeholders. Work on social
the company’s situation. responsibility is not, and should not be seen
as, a distinct element unrelated to business
6. The composition of boards of directors shall be
strategy and business development.»
characterised by competence, capacity and
diversity based on the distinctive nature of each In the white paper on state ownership, the
company. Government clarified its expectations of compa­
7. Renumeration and incentive arrangements nies in relation to social responsibility in nine areas
should be designed so that they promote value referred to as sector-independent considerations.
creation in the companies and are perceived as These are considerations that the Government
being reasonable. expects companies to take into account in their
8. On behalf of the owners, the board of directors assessments and that are intended to promote
shall have an independent control function vis- companies’ long-term rate of return and industrial
à-vis the company’s management. development. Specifically, the following expecta­
9. The board should have a plan for its work and tions of companies are set out in the white paper on
should work actively on building its own com­ state ownership:
petence. The board’s work shall be evaluated. – Health, safety and the working environment
10. The company shall be conscious of its social (HSE): HSE work must also cover companies’
responsibilities. international operations. Cooperation with
employees and their organisations must be in
place when a company operates in other coun­
2.1.3 Social responsibility in companies in tries.
which the state has an ownership – The environment: The companies’ work on
interest environmental issues must extend to the enter­
The Government expects enterprises in which the prise’s entire value chain. Product develop­
state has ownership interests to actively follow up ment, production, distribution and the
social responsibility in their activities. In its report subsequent use of the company’s products
(NOU 2004:7), the Committee on State Ownership must be adapted to long-term responsible
concluded that companies in which the state has social development with the least possible
ownership interests should take the lead in exerci­ environmental impact.
sing social responsibility. The committee also poin­ – Ethics: The companies are expected to have
ted out that the state’s legitimacy could be weake­ adopted corporate vales and ethical guidelines.
ned, for example as legislator and in matters con­ In formulating ethical guidelines for their ope­
cerning foreign policy, if, in its role as owner, it rations, the companies should, among other
failed to comply with high standards in this area. things, consider the factors on which the
The Government endorsed this view in the white Government Pension Fund – Global’s ethical
paper on state ownership and followed it up in The guidelines are based. Such ethical guidelines
Government’s Ownership Policy. The ownership should be in line with the UN Global Compact
policy document describes the importance of and the OECD’s Guidelines for Multinational
demonstrating corporate social responsibility as Enterprises. The guidelines should also be in
follows: accordance with the OECD’s Guidelines for
Corporate Governance.
«The state’s long-term objectives for the – Combating corruption: Greater transparency
state’s ownership mean that the companies’
can prevent wrong and ethically dubious decis­
boards of directors must take due account of
considerations such as a good environment, ions. Companies should therefore be open
restructuring, diversity, ethics and research about dilemmas relating to corruption, con­
and development in order to promote develop­ flicts of interest and impartiality.
ment in the long term. Displaying active social – Civil protection: As is the case for private enter­
responsibility means combining financial and prises, companies in which the state has an
ethical considerations in all areas of operation, ownership interest are obliged to protect their
ranging from a company’s choice of partners own operations, employees and the surround­
to its investment in, for example, employees’ ing environment against accidents.
working conditions, locally and globally. Soci­
18 Report No. 10 to the Storting 2008– 2009
Corporate social responsibility in a global economy

– Gender equality: Open and genuine competi­


tion for positions in society promotes both jus­ Box 2.1 Follow-up of CSR in enterprises in
tice and economic efficiency. The Government which the state has an ownership interest
believes that failure to make better use of the
competence and capacity women can bring to
companies and society as a whole represents – Companies are requested to provide infor­
squandering and poor management of soci­ mation about their work on cross-cutting
ety’s resources. considerations, including the following:
– Restructuring: As owner, the state expects com­ – Measures initiated by the companies with
panies to take a long-term view and act respon­ a view to promoting cross-cutting conside­
sibly in connection with restructuring rations
processes. – Activities in this connection that the com­
– Research, development and competence-build- panies define as important to their opera­
ing: Business and industry should be ambiti­ tions, and how they are followed up
ous with respect to research and development. – The companies’ ethical guidelines and
The Government expects companies in which how they are rooted and implemented in
it has a major ownership interest to have a stra­ the organisation as a whole
tegy for increased research and development. – How cross-cutting considerations are
– Integration and career opportunities for other dealt with in relation to suppliers, partners
groups: The Government is concerned that and customers
Norwegian companies should be proactive in – The companies’ procedures for handling
their attitude to the recruitment of personnel any difficult ethical issues
from minority backgrounds, qualified seniors – The companies’ whistle-blowing procedu­
and people with functional impairments. The res.
companies should also emphasise knowledge
of other countries’ cultures in their recruit­
ment policies.
ween the different considerations that are in the
The state’s attitude to social responsibility in com­ collective interests of the shareholders.
panies in which it has ownership interests is The Government is currently mapping compa­
expressed in the form of general, sector-indepen­ nies’ performance in relation to its expectations
dent expectations rather absolute requirements. It regarding social responsibility. Companies have
is the task of each company’s board of directors been requested to provide information about their
and management to adopt guidelines for its opera­ work on cross-cutting considerations, cf. Box 2.1.
tions. Different areas are important for different Initially, this applies to companies where state
companies and must be addressed accordingly. ownership is administered by the Ministry of
It is fundamental that the state’s expectations in Trade and Industry, which held meetings with the
these areas are, in principle, general. As an owner, companies concerned in spring 2008. Other minis­
the state cannot take responsibility for individual tries have also held meetings on social responsibi­
companies’ guidelines at a detailed level. That is lity with companies in which they have ownership
the companies’ responsibility. On this basis, the interests.
state will conduct dialogues with companies about On the basis of the information gathered and
how they deal with these considerations. It is not the experience gained through dialogue with these
expedient for the state as owner to consider or companies, the Ministry of Trade and Industry will
approve guidelines and plans. That would entail make recommendations for further follow-up. The
the state taking on a responsibility that must rest need for other measures will be considered in
with the board of directors and management. The order to ensure that these companies demonstrate
owner’s responsibility is primarily to follow up and satisfactory social responsibility. Experience so far
ensure that the company takes these considera­ is that most of the companies are doing a great deal
tions seriously and, if necessary, help to change of good work in these areas and that they have
the composition of the board in companies that do devoted more attention to these issues in recent
not pay proper attention to corporate social respon­ years:
sibility. In the white paper on state ownership, the – The vast majority of companies in which the
Government emphasised that it is the board of state has ownership interests have now adop­
directors’ responsibility to strike a balance bet-
2008– 2009 Report No. 10 to the Storting 19
Corporate social responsibility in a global economy

ted ethical guidelines. The companies that have 2.2 The state as an investor and
not done so will be followed up. investment manager
– Most of the large companies in which the state
has an ownership interest have chosen on The Government Pension Fund belongs to the
their own initiative to report in accordance Norwegian people and future generations of Nor­
with the Global Reporting Initiative (GRI – cf. wegian citizens. The prosperity enjoyed by the pre­
Chapter 6.3). This applies to Statkraft SF, sent population entails obligations. The assets in
KongsbergGruppen, DnB Nor, Telenor, Norsk the Government Pension Fund – Global stem from
Hydro, Yara, SAS and StatoilHydro among oil and gas revenues. The oil and gas reserves will
others. run out. Since these resources are limited, it would
– Several companies are members of the UN not be fair if this wealth were only to benefit the few
Global Compact. generations that happen to be living at this time.
– Many of the companies in which the state has These assets must be safeguarded for posterity.
interests issue separate sustainability reports Ensuring good returns on the fund over time is an
or report specifically on CSR in their annual important way of securing the future of the welfare
reports. state.
As an investor, the state also shares the respon­
In its ownership policy document for 2008, the sibility for how the companies in which the fund
Government stated that there should be as much invests conduct themselves, what they produce
transparency as possible with respect to compa­ and their impact on the local community. The
nies’ ethical guidelines and that it expects these Government places great emphasis on social
guidelines to be published on the companies’ web- responsibility in the management of the Govern­
sites. Companies are also expected to provide ment Pension Fund. This is an important criterion
information about financial matters, social respon­ for the evaluation of the ethical guidelines for the
sibility, environmental issues and the results achie­ Government Pension Fund – Global that is cur­
ved. Large companies with international opera­ rently being conducted.
tions are urged to consider using the Global Repor­ The Government Pension Fund – Global had
ting Initiative (GRI) reporting standard. assets of NOK 1 992 billion on 30 June 2008. On the
It may also be expedient for the companies’ same date, the Government Pension Fund – Nor­
boards of directors to consider having their way had assets of NOK 113 billion. The Govern­
reports quality assured by an independent body, ment Pension Fund thus had combined assets of
for example the company’s auditor. This could also NOK 2 105 billion.
help to make this kind of control more common in Since the fund manages a large proportion of
privately-owned companies. the assets belonging to Norwegian society, it is
both important and necessary that the Norwegian
people have confidence in its management. Trust
The Government and legitimacy are largely built on transparency
• expects companies in which the state has an about investments, results and the fund’s strategy.
ownership interest to play a leading role in
exercising social responsibility;
• will conduct separate meetings on social 2.2.1 The ethical guidelines for the
responsibility once a year with the companies Government Pension Fund
in which the state has an ownership interest; In 2004, the Ministry of Finance issued ethical gui­
• will follow up issues of social responsibility at delines for the Government Pension Fund – Glo­
the regular meetings held with the companies; bal. In the same year, Folketrygdfondet’s board
• urges companies to make their ethical guideli­ adopted ethical guidelines for the management of
nes publicly known, for example by publishing the Government Pension Fund – Norway. The gui­
them on their websites; delines for the two funds are largely based on a
• urges large companies with international ope­ common ethical platform. At the same time,
rations to use the Global Reporting Initiative however, the instruments for integrating ethical
reporting standard. considerations differ somewhat because of the dif­
ference in the size of the two funds, the differences
in investment strategy and the different invest­
ment universes in which they operate.
20 Report No. 10 to the Storting 2008– 2009
Corporate social responsibility in a global economy

There are two tools for achieving the goals set


out in the ethical guidelines: the exercise of 2.2.2 Promoting social responsibility
ownership rights and the exclusion of companies. The ethical guidelines for the Government Pen­
Ownership rights are to be exercised in as many sion Fund – Global set out obligations concerning
companies as possible with a view to securing good responsibility towards future generations of Nor­
rates of return in the long-term by promoting sus­ wegian citizens and co-responsibility for the people
tainable development. Exclusion is a last resort to and the environments affected by the companies in
prevent the fund from being complicit in serious which the fund invests worldwide. There are many
violations of ethical norms. problems that cannot be solved through the mana­
The Government has initiated an evaluation of gement of the fund, but that are best dealt with
the ethical guidelines for the Government Pension through foreign policy, development policy and
Fund – Global, which will be based on a broad con­ environmental policy channels.
sultation process. The result of the evaluation will Increasing attention is being directed to inves­
be presented to the Storting in the annual report tor responsibility in general, and to the ethical gui­
on the management of the Government Pension delines for the Government Pension Fund – Global
Fund in spring 2009. in particular. This means that the ethical guidelines
The main objectives of the evaluation are to could have an effect over and above the work done
assess whether the guidelines have worked as through the Government Pension Fund. This may
intended, to ensure continued broad political sup­ not have been intended, but it is nonetheless very
port for the guidelines, and to solicit input that can positive. Raising awareness is a first important step
help to strengthen the fund’s profile as a socially in the direction of making investors and companies
responsible investor. broadly accountable.
In spring 2008, the Ministry of Finance sent a As a financial investor, it is natural to seek the
consultation document on the evaluation of the best possible access to information about matters
ethical guidelines to a broad selection of entities in that can have a bearing on the short-term or long-
Norway and abroad. Around 50 recipients have term development of a company’s shares. Informa­
made comments. One of the questions raised by tion about the environmental impact of a com­
the consultation document is whether the fund’s pany’s operations may be relevant in that context.
current tools – the exercise of ownership rights In 2008, Norges Bank became a signatory investor
and the exclusion of companies from the fund’s in the Carbon Disclosure Project (CDP), an inde­
investment universe – should be changed or adjus­ pendent organisation that collects and publishes
ted. It also raises the question of whether changes information about companies’ greenhouse gas
should be made in way these tools, which are cur­ emissions, cf. Box 3.7. As a signatory, Norges Bank
rently handled by Norges Bank, and the Council urges the companies it invests in to be transparent
on Ethics for the Government Pension Fund – Glo­ in their environmental reporting and to act as dri­
bal, are coordinated. As announced in the white ving forces in the efforts to reduce emissions of
paper on the management of the Government Pen­ greenhouse gases. Likewise, cooperation with
sion Fund in 2007 (Report No. 16 (2007–2008) to other large pension funds worldwide can be an
the Storting), the Ministry is examining whether a effective way of promoting social responsibility.
small part of the fund should be earmarked for In November 2008, Norges Bank announced
investments in specific areas such as environmen­ that the it is taking part in a campaign launched by
tal technology or developing countries. 135 funds calling on rich countries to cut their
As part of the evaluation process, the Ministry greenhouse gas emissions by 25 % to 40 % per cent
of Finance held a large international conference in compared with 1990 by 2020, in accordance with
Oslo in January 2008 entitled «Investing for the the recommendations of the UN Intergovernmen­
Future» in cooperation with Norges Bank and the tal Panel on Climate Change.
Council on Ethics for the Government Pension Norges Bank also takes part in other forms of
Fund – Global. The conference brought together cooperation and contact with other investors. Nor­
representatives from the academic community, ges Bank participated in the formulation of the UN
financial institutions, NGOs, companies and inves­ Principles for Responsible Investment (UNPRI), to
tors to discuss the challenges that arise for inves­ which it is a signatory, cf. Chapter 3.
tors who seek to take considerations of good corpo­
rate governance and environmental and social fac­
tors into account in their investments.
2008– 2009 Report No. 10 to the Storting 21
Corporate social responsibility in a global economy

justify focusing on these issues in terms of financial


2.2.3 Exercise of ownership rights in the considerations. These priority issues are:
management of the Government – good corporate governance with emphasis on
Pension Fund the right to nominate and elect board mem­
Responsibility for exercising ownership rights rela­ bers, the right to exercise voting rights, the
ting to the Government Pension Fund’s equity right to trade its shares and to participate in
investments rests with Norges Bank and Folke­ decisions on anti-takeover mechanisms, and
trygdfondet. The overriding goal for the exercise the right to open and timely information
of ownership is to safeguard the pension fund’s – children’s rights and health, including comba­
financial interests. The management of the fund is ting child labour, with the particular emphasis
based on the assumption that good, long-term on the value chain of multinational companies
financial returns can only be achieved on the basis – companies’ lobbying activities in connection
of sustainable development. This means that, in with long-term environmental problems, inclu­
the long term, the Government Pension Fund will ding climate change.
benefit from the companies respecting fundamen­
tal ethical principles and guidelines. This is in line Good corporate governance is important in order
with the basic idea enshrined in the UN Global to secure the fund’s long-term rate of return, and it
Compact, the OECD Guidelines for Multinational is essential for ensuring that the owners have close
Enterprises and the OECD Guidelines for Corpo­ dialogue with and can exert a real influence on the
rate Governance, cf. Chapter 6. In both funds, companies invested in. It is also vital for work on
ownership is largely exercised on the basis of social and environmental issues. It is natural, the­
these international principles. Norges Bank and refore, to view these factors in relation to each
Folketrygdfondet will seek to ensure that the com­ other. By the end of 2007, Norges Bank had estab­
panies in which they have invested respect funda­ lished contact with around 18 companies on mat­
mental ethical norms. ters relating to good corporate governance.
Different investors work under different insti­ Norges Bank has published the NBIM Investor
tutional frameworks, which, in turn, determines Expectations on Children’s Rights in order to make
which methods and tools are best suited to dealing its expectations as investor clear to companies.
with ethical issues. In the management of the The document is aimed in particular at companies
Government Pension Fund – Norway, the empha­ that operate in areas or sectors where there is a
sis is largely on selecting sound companies and high risk of violations of children’s. By the end of
maintaining a close dialogue with these companies 2007, Norges Bank had established contact with
after investments have been made. This is possible around 60 companies on matters relating to social
because the fund has invested in a limited number conditions, with particular emphasis on child
of Norwegian companies, roughly 50, and because labour and children’s rights.
the fund’s ownership interests in – and thereby its For a long-term investor such as Norges Bank,
ability to influence – individual companies are rela­ it is important that companies do not engage in lob­
tively large. bying to obstruct legislation that could substanti­
ally reduce greenhouse gas emissions. The Bank
therefore seeks to ensure that companies in its
Exercising ownership rights of the Government portfolio that could be relevant in this context, for
Pension Fund – Global example in the energy and energy-intensive sec­
Norges Bank has sought to identify a few specific tors, adopt strategies that are compatible with sus­
priority areas. In exercising the fund’s ownership tainable development. In 2007, Norges Bank analy­
rights, Norges Bank assumes that it is better and sed more than 100 companies in the fund’s portfo­
more effective to concentrate on a few central lio in order to identify the companies that are
issues than to do a little in all areas. It emphasises lobbying most actively with regard to climate
that these issues must be relevant to investors in efforts. The bank has initiated contact with 20 com­
general and the fund’s portfolio in particular, that it panies and has held meetings with 15 of them.1
must be possible to enter into dialogue with the
companies invested in and/or regulatory authori­ 1
For a more detailed description of the priority areas, Report
ties on these issues, and that there is a real chance No 16 (2007-2008) to the Storting, Chapter 4, and Norges
of exercising influence. It must also be possible to Bank’s annual report for 2007.
22 Report No. 10 to the Storting 2008– 2009
Corporate social responsibility in a global economy

Exercising ownership rights of the Government 2.2.4 The importance of transparency


Pension Fund – Norway The Government Pension Fund is managed with a
The overriding goal of the Folketrygdfondet in the high degree of transparency. The Ministry of
exercise of its ownership rights is to safeguard the Finance presents an annual report to the Storting
interests of the Government Pension Fund – Nor­ on the management of the fund.
way. In order to ensure that the fund’s portfolio Norges Bank also submits an annual report on
contributes as far as possible to long-term value its management of the Government Pension Fund
creation, Folketrygdfondet has defined ethical – Global, including its exercise of ownership
principles for its investment activities that are inte­ rights. It has more than 7,000 companies in its port­
grated into its guidelines for exercising ownership folio and information is provided about specific
rights. investments in individual companies. Norges Bank
Good corporate governance aims to safeguard also publishes information on how it votes in diffe­
the interests of owners and other stakeholders in rent companies, down to individual share level.2
relation to the companies concerned, and to This must be regarded as a high degree of
ensure that these companies’ management and transparency compared with many other investors.
control mechanisms work as intended. Important Dialogues with individual companies or groups of
principles for Folketrygdfondet’s exercise of companies are also reported as far as possible.
ownership rights are: While a process is ongoing, the greatest possible
– ensuring that a clear value base and ethical gui­ influence can often be achieved if those involved
delines are established; are confident that details from the dialogue will not
– ensuring equal treatment for all shareholders; be made public.
– safeguarding shareholder rights, including the As of 2007, Folketrygdfondet publishes a sepa­
opportunity to exercise ownership rights; rate annual ownership report in connection with
– ensuring that directors are elected following the expanded reporting on the exercise of owner­
proper processes, on the basic of clearly defi­ ship rights in the Government Pension Fund –
ned requirements, and have the support of Norway.
shareholders; The management of the Government Pension
– ensuring that compensation models are estab­ Fund – Global includes a mechanism for excluding
lished that are goal-oriented and reasonable, individual companies. The threshold for applying
and that do not undermine shareholder value. this mechanism is high. According to the criteria
for exclusion, grossly unethical activity must be
In December 2007, the board of Folketrygdfondet involved. This applies to companies that produce
adopted new ethical guidelines for the manage­ inhumane weapons, companies that are complicit
ment of the Government Pension Fund – Norway. in serious or systematic human rights violations,
The guidelines are based on the ethical principles serious violations of individual rights in wars and
adopted in 2004. The evaluations carried out by other conflict situations, serious environmental
Folketrygdfondet are based on publicly available damage, gross corruption and other particularly
information and information provided by the com­ serious violations of fundamental ethical norms.
panies themselves. The Council on Ethics for the Government Pen­
As part of its exercise of ownership rights and sion Fund – Global makes recommendations con­
dialogue with companies, Folketrygdfondet uses cerning screening and exclusion. The Ministry of
questionnaires to shed light on the individual com­ Finance decides whether to exclude a company
panies’ overarching principles and guidelines for from the fund’s investment universe on the basis of
their work on ethical issues, including accountabi­ these recommendations.
lity and communication. The attitudes of senior There is high level of transparency in the work
management regarding environmental issues, of the Council on Ethics for the Government Pen­
human rights, corruption and unethical behaviour sion Fund – Global and its recommendations to the
are also mapped. Good corporate governance is Ministry of Finance, cf. the annual report currently
seen as an interplay between attitudes, principles under preparation. The Ministry of Finance
and guidelines within a framework of clear divi­ announces decisions to exclude companies on the
sions of responsibility and management and con­ basis of the Council on Ethics’ recommendations.
trol systems.
2
In 2007, Norges Bank voted on almost 40 000 items at
approximately 4 200 general meetings.
2008– 2009 Report No. 10 to the Storting 23
Corporate social responsibility in a global economy

regards ethical guidelines for investments and


Box 2.2 An example of exclusion from the transparency, and that other actors are increas­
Government Pension Fund – Global ingly being measured in relation to this practice.
The Government strongly emphasises continued
On 6 November 2007, the Ministry of Finance transparency with regard to the fund’s activities
announced that the British company Vedanta and is satisfied that this appears to be a trend
Resources Plc. (Vedanta) had been excluded among an growing number of funds and invest­
from the Government Pension Fund – Global ment managers, both in Norway and abroad.
on the recommendation of the Council on Transparency will also help to provide civil society,
Ethics. In the Council on Ethics’ view, the research institutions and the media with the best
fund was running an unacceptable risk of possible basis for their work. In connection with
being complicit in serious environmental the evaluation of the ethical guidelines for the
damage and gross and systematic violations Government Pension Fund – Global, they will the­
of human rights by continuing to invest in the refore consider measures that can contribute to
company. even greater transparency.
«The Council finds that the allegations
made against the company about compli­
2.2.5 Sovereign Wealth Funds
city in serious environmental damage and
human rights violations, including abuse The management of sovereign wealth funds (SWF)
and forced movement of tribal peoples, is subject to increasing international attention.
are well founded. In the Council’s view, Several of the funds have huge assets at their dis­
the company appears not to be interested posal. The Government Pension Fund – Global is
in or willing to do anything about the seri­ one of the largest, together with funds from China,
ous and prolonged harmful impacts of the Kuwait, Russia, Singapore and the United Arab
its operations on people and the environ­ Emirates. Given the increasing importance of sove­
ment. The breaches of norms uncovered
reign wealth funds in international capital markets,
in relation to the environment and human
rights have taken place in all the subsidia­ concern has been expressed that such funds may
ries investigated, repeatedly and over a have political rather than financial goals. It has also
period of several years (...). In the Coun­ been argued that the size and lack of transparency
cil’s opinion, this indicates a pattern of of these funds can lead to instability in the financial
behaviour on the part of the company markets.
where such breaches of norms are accep­ After several SWFs helped to stabilise the inter­
ted and are an established part of its busi­ national financial markets in 2007–2008 by inves­
ness activity. This pattern of behaviour ting capital in hard-pressed financial institutions,
constitutes an unacceptable risk that the their positive role has been highlighted. Norway’s
company’s unethical practice will conti­ experience shows that such funds can support
nue in future. Based on an overall assess­
domestic fiscal policy if they enjoy broad political
ment, the Council finds that the criteria
for serious environmental damage and and popular support. Clear and robust rules for the
systematic human rights violations are management of the fund’s assets are also impor­
met in this case.» tant. A long-term investment horizon can help to
stabilise international financial markets.
Several countries with non-renewable resour­
ces are showing an interest in the Norwegian expe­
As of December 2008, 29 companies had been rience of managing its petroleum wealth and how
excluded from the investment universe of the the Government Pension Fund – Global is structu­
Government Pension Fund – Global, most of them red and integrated with economic policy. In the
as a result of involvement in the production of international context, much reference is made to
nuclear weapons, cluster munitions or landmines. the Norwegian model for sovereign wealth funds.
Two companies have been excluded because of the The EU has identified the activities of the Govern­
risk of complicity in serious or systematic human ment Pension Fund – Global as a benchmark for
rights violations and seven because of the risk of how transparency can be exercised in sovereign
complicity in serious environmental damage. wealth funds.
The Government notes that the activities of the In light of the international focus on sovereign
Government Pension Fund – Global are regarded wealth funds, a working group including most of
by several parties as international best practice as the SWF countries was appointed in May 2008 to
24 Report No. 10 to the Storting 2008– 2009
Corporate social responsibility in a global economy

draw up guidelines for the management of such to procurement, the public sector can, due to its
funds. The work was coordinated and facilitated by size, significantly influence companies to adopt
the IMF. The objective was to raise awareness ethical and environmentally friendly practices.
about the funds, promote stable financial markets Moreover, companies that are used to meeting
and reduce the pressure for protectionist measu­ stringent requirements will be better equipped to
res. In October 2008, the working group submitted meet competition from abroad and to offer good
a unanimous proposal for Generally Accepted Prin­ solutions in international markets.
ciples and Practices (GAPP), also known as the Requirements set by the public sector also give
Santiago Principles – voluntary principles regar­ a clear signal that the authorities expect the private
ding an institutional framework, fund management sector to take an active approach to this area.
and investment activities. Representatives from the Public sector demand for a more sustainable pro­
Ministry of Finance and Norges Bank participated duction of goods will also increase the opportuni­
on behalf of Norway. ties for other consumers to choose such products.
In the Government’s view, the GAPP are based Increased emphasis on ethics, the environment
on sensible principles, and give funds a political and life cycle costs can also foster better and more
obligation to ensure transparency in key areas in sustainable public procurement.
order to build trust and meet expectations in On 1 January 2007, the Government introdu­
important recipient countries. Norway has there­ ced new and improved regulations for public pro­
fore endorsed the principles. curement. Public procurers are now required to
turn down suppliers who have been convicted of
corruption, organised crime, fraud or money laun­
The Government dering, and they are also entitled to turn down sup­
• has initiated a review of the ethical guidelines pliers who have been convicted of criminal offen­
for the Government Pension Fund – Global, ces involving business malpractice, such as failure
which, together with the fund’s other activities, to comply with environmental legislation and
will be discussed on a broad basis in the annual requirements for the equal treatment of workers.
report to the Storting on the management of Since the new Public Information Act entered
the Government Pension Fund, which will be into force on 1 January 2009, all registers of ten­
submitted in spring 2009; ders have been publicly available. Suppliers, the
• takes a positive view of active and open exer­
cise of ownership rights in connection with the
activities of the Government Pension Fund in Box 2.3 Environmental requirements to
order to safeguard the fund’s long-term finan­ suppliers
cial interests;
• takes a positive view of Norges Bank’s empha­ Bærum municipality has stipulated environ­
sis on exercising its ownership rights, and con­ mental requirements in connection with the
siders children’s rights and protection of the procurement of hotel and conference servi­
environment to be fundamental ethical norms ces. The municipality has used the new envi­
that should be safeguarded through the exer­ ronmental criteria for hotels that were drawn
cise of ownership rights. up in response to the Government’s action
plan for environmental and social responsibi­
lity in public procurements. It requires suppli­
2.3 The public sector as procurer ers to have a system for measuring and
monitoring energy consumption, waste mana­
The Government wants the consumption and pro­ gement, including sorting at source, the use
duction of goods and services to be as sustainable of chemicals and water consumption.
as possible. The public sector must take the lead by Tenderers compete on the criteria relating
purchasing goods that have been manufactured in to energy consumption, waste production,
accordance with the highest ethical and environ­ chemical consumption, water consumption
mental standards. The public sector must use and the provision of organic food.
resources efficiently and build confidence in its Experience showed that these criteria did
procurement processes. not restrict competition and worked well in
Today, public sector procurement in Norway relation to the market. As a result, one of the
amounts to roughly NOK 250 billion a year. By set­ hotels involved will now be eco-labelled.
ting demands and taking a constructive approach
2008– 2009 Report No. 10 to the Storting 25
Corporate social responsibility in a global economy

media and the general public thereby have a better contracts. On 1 March 2008, the regulations on pay
opportunity to check that extraneous factors are and working conditions in public contracts entered
not taken into account and that corruption or con­ into force. The regulations, which incorporate ILO
duct resembling corruption does not occur. Convention No 94 on labour clauses in public con­
In June 2007, the Government presented an tracts, is intended to ensure that pay and working
action plan for environmental and social responsi­ conditions for employees in construction compa­
bility in public procurement. In this connection, a nies that carry out work for public clients are not
specific environmental policy was drawn up for poorer than those set out in national collective
public procurement. All government agencies agreements or otherwise normal for the place and
must comply with the specific requirements in the trade in question. The regulations apply to central
action plan. The head of each agency has been government, municipal and county authorities and
made responsible for ensuring environmentally bodies governed by public law, and are applicable
sound procurement, and tools have been made to contracts over a certain threshold value. They
available for training and competence-building in also apply to work performed abroad.
this area. The Government also believes that the public
Environmentally sound public procurement is sector should require suppliers to comply with fun­
highly prioritised in the international arena, and damental ethical requirements, for example with
new policies are being developed in a number of regard to the working environment, child labour,
countries. The European Commission has recently forced labour and corruption. Requirements
drawn up an action plan for more sustainable pro­ should be stipulated and followed up for the whole
duction and consumption, including a proposal for production chain. In accordance with the action
using public procurement actively to achieve envi­ plan, the Government has established that it is legi­
ronmental benefits. The Commission has propo­ timate to stipulate ethical requirements in connec­
sed that 50 % of public procurement should be tion with public procurements. As a next step, it
green by 2010. Initially, this target applies to ten will consider whether to require purchasers in the
product areas for which common environmental government administration to set social and ethical
criteria have been drawn up. A task force has been requirements for their suppliers.
established under the UN Marrakech Process to The Ethical Trading Initiative (see Box 3.11)
develop toolkits to promote sustainable public pro­ has been commissioned by the Ministry of Chil­
curement. dren and Equality to produce a guide for how such
In Norway, Innkjøpspanelet, a national panel on requirements should be formulated and followed
environmentally responsible procurement, has up in practice. This guide was completed in Janu­
developed common environmental criteria for a ary 2009. A support and advisory function will be
number of product groups. These are intended for
use by the central and local authorities, but they
could also be used by the private sector in develo­ Box 2.4 Ethical requirements in
ping greener supply chains. contractual terms and conditions
A centre will be established in every county/
region to provide public agencies with the assis­ The City of Bergen has included «compliance
tance they need to implement the Government’s with ILO core conventions throughout the
action plan for environmental and social responsi­ production chain» as a contractual condition
bility. These centres will act as driving forces and in selected tender processes. During the con­
centres of expertise for networks of purchasers. tract period, suppliers undertake to carry out
The new Agency for Public Management and e- self-reporting in relation to the eight conven­
Government is responsible for the development of tions concerning child labour, forced labour,
tools and competence-building initiatives, and is freedom of association and discrimination. On
thus playing a key role in this work. These efforts entering into an agreement, suppliers must
will be coordinated with equivalent efforts aimed at give an account of their status in relation to
the private sector. each of the conventions, and seek to improve
In its role as client, the public sector has a par­ steadily in relation to this starting point. The
ticular responsibility for combating social dum­ goal is to make the production chain more
ping. The action plan for environmental and social transparent – a precondition for ethical procu­
responsibility in the public sector emphasises that rement – through openness and dialogue bet­
it is important that the public sector stipulates ween client and supplier.
labour and working environment standards in its
26 Report No. 10 to the Storting 2008– 2009
Corporate social responsibility in a global economy

established to help the public sector to utilise these nes. However, progress has not been as significant
tools in connection with public procurements. in other areas. The Government will seek to
The Government has also decided to prepare a develop a comprehensive policy that ensures that
white paper on public procurement, which will social and environmental concerns are taken into
include strategies and measures aimed at impro­ account in all public sector activities.
ving public procurement practice. Questions have been raised about whether the
ethical guidelines for the Government Pension
Fund should also apply to enterprises in which the
The Government state has ownership interests. It is not, however,
• will provide guidelines, competence-building clear whether it would be right or expedient for the
and practical advice in line with the action plan state to do so.
for environmental and social responsibility in The ethical guidelines for the Government Pen­
public procurement; sion Fund – Global are tailored to the fund’s role as
• will require all central government agencies to a financial investor and minority shareholder in
follow up the action plan; thousands of companies worldwide. The state, in
• will establish a support and advisory service its role as a major, strategic owner of a number of
on public procurement; Norwegian companies, faces a different situation.
• will establish an environmental policy for cen­ The differences in these situations affect both the
tral government procurement, including con­ way ethical considerations can be taken into acco­
crete requirements for central government unt and the instruments available. For example, in
agencies in relation to prioritised product the case of the Government Pension Fund – Glo­
groups; bal, it is far easier to sell, or simply not acquire,
• will cooperate closely with the EU and others ownership interests in unsuitable companies than
on ambitious programmes for developing stan­ is the case in direct, strategic ownership of Norwe­
dards and criteria for greener procurement gian companies. Direct state ownership is exerci­
and supply chains. sed in accordance with established principles for
corporate governance, cf. the discussion in Chap­
ter 2.1.
2.4 A comprehensive policy The public sector and the private sector are
facing many similar challenges regarding social
The authorities’ responsibilities are wide-ranging. responsibility. This calls for consistency between
Norway has achieved international recognition for the conduct of the public sector and the expecta­
the Government Pension Fund’s ethical guideli­ tions that apply to the private sector.
2008– 2009 Report No. 10 to the Storting 27
Corporate social responsibility in a global economy

3 The private sector’s role and responsibilities

Figure 3.1

The private sector’s primary aim is value creation. 3.1 Expectations of the private sector
By creating value, it contributes to economic
growth and social development. In a long-term per­ The Government expects all companies to exercise
spective, it is in the interests of both companies social responsibility, irrespective of whether they
and society to have a private sector that operates are privately or publicly owned. The Government’s
responsibly and develops products and services position is that Norwegian businesses should be at
that help address social and environmental chal­ the forefront when it comes to practising social
lenges. responsibility based on sound values, awareness
Globalisation, with its attendant advances in and reflection. Norwegian companies should pur­
communication technology and increased transpa­ sue best practices within their field or branch as
rency, has led to greater awareness concerning the their guiding principle and aim when developing
challenges companies face with regard to social their CSR efforts.
development. A growing number of consumers, cli­
ents and investors are demanding that products
and services are produced in a manner that is soci­ 3.1.1 Guidelines for social responsibility
ally and environmentally sound. For companies, it The Government expects all Norwegian compa­
is a matter of developing their «social antennae» nies to develop and comply with guidelines for
and having the ability to internalise aspects of social responsibility. Companies’ employees – and,
social development in their own operations. as far as possible, their partners in the supply chain
However, the situations that companies encounter – should be familiar with these guidelines.
internationally not only pose challenges; they also There are a number of international guidelines
present opportunities. Through novel ways of thin­ for CSR, which are discussed in detail in Chapter 6.
king and innovation, companies can discover new The Government would like to draw particular
market opportunities. attention to the OECD Guidelines for Multinational
Companies that exercise social responsibility Enterprises. These guidelines provide a detailed
can reduce their own risks, which can positively framework of principles and standards for respon­
impact their competitiveness and financial develop­ sible business conduct consistent with applicable
ment. Norwegian companies operating abroad are laws. As an adhering country, Norway is obligated
often equated with the Norwegian state, and their to encourage its private sector to observe the Gui­
conduct is therefore also important for Norway’s delines. The Government expects Norwegian com­
reputation. panies to acquaint themselves with the Guidelines,
and to follow them in their operations.
28 Report No. 10 to the Storting 2008– 2009
Corporate social responsibility in a global economy

Figure 3.2 Three different understandings of CSR.


Source: The UN Global Compact.

The UN has also developed principles for integral part of companies’ day-to-day corporate
responsible business practices through the Global governance.
Compact initiative. The UN Global Compact seeks The Government considers it important for
to advance 10 principles in the areas of human companies to involve the trade union movement in
rights, labour, environment and anti-corruption. It their CSR efforts. Since employee representation
is based on international conventions and guideli­ on company boards is generally only found in the
nes. Companies that have joined the Global Com­ Nordic countries, it is crucial that employee repre­
pact are expected to implement the principles in sentatives in other countries are also drawn into
their business operations, share their experience, these efforts. Global framework agreements ente­
and report on the progress they have made in red into between Norwegian multinational enter­
implementing the 10 principles. In the Govern­ prises and international labour organisations are a
ment’s view, participation in networks such as the good example of how Norwegian companies can
UN Global Compact can enable companies to work at the corporate level, cf. Box 3.6.
increase their knowledge and enhance their moti­ At the same time it is important to be aware
vation to exercise social responsibility. that, in many contexts, Norwegian experience and
practices cannot simply be transferred to other
countries uncritically. It is important that Norwe­
3.1.2 Good corporate practices gian companies are open to, and respect, cultural
The Government expects Norwegian companies and value differences, and that they seek to find
to promote good corporate practices from Norway ways of adapting elements of Norwegian corporate
in their operations abroad. CSR efforts must be practices to other countries.
integrated into their operations, and followed up on Systematic CSR efforts are a key element of the
an ongoing basis by management. Systematic CSR risk management and business strategies of for­
efforts should have the firm backing of company ward-looking companies. In this context, it is also
boards. They should be developed and practised in important to have systems and routines for whistle-
close cooperation with employees and employee blowing or notification of unacceptable conditions.
representatives, and in dialogue with suppliers, cli­ The Norwegian Working Environment Act has
ents and other stakeholders. They must form an been amended to include new provisions concer­
ning employees’ freedom of expression, and came
2008– 2009 Report No. 10 to the Storting 29
Corporate social responsibility in a global economy

into force on 1 January 2007. Employers are to tions with the societies in which companies are
develop routines for notification or whistle-blowing operating. It can be important for stakeholders to
inside the company, or implement measures that know what guidelines the companies use as the
facilitate notification concerning unacceptable cir­ basis for their activities and how these are followed
cumstances in the company. in practice. This applies to shareholders, authori­
Norwegian companies should also establish ties, employees, clients, suppliers, partners and
routines for notification and whistle-blowing for society at large.
their activities abroad so that employees can report As part of their transparency efforts, it is impor­
unacceptable circumstances or seek advice and tant that companies report on their social and envi­
guidance. This could for example be done by ronmental performance, either in separate reports
appointing an ombudsman within the company, or in their ordinary annual reports. Systematic
using an external arrangement or tasking an exis­ reporting can be an important tool in developing
ting body to fulfil this function. companies’ CSR practices. It can also help to
improve companies’ risk management capability.
Reporting based on a common standard facilita­
3.1.3 Transparency and disclosure tes the comparison of results. The Global Repor­
In the Government’s view, it is important that com­ ting Initiative (GRI) has developed a framework for
panies demonstrate transparency and disclose reporting on economic, environmental and social
information about social and environmental factors performance, which provides an internationally
in connection with their operations, cf. Chapter 8, recognised standard for reporting. The GRI Repor­
section 3. This helps to forge trust and good rela­ ting Framework is particularly suitable for large-

Box 3.1 Main elements of the OECD Guidelines for Multinational Enterprises
1. Concepts and Principles: The Guidelines set 6. Combating Bribery: Enterprises should not,
out voluntary principles and standards of good directly or indirectly, offer, promise, give or
practice for all enterprises, and they have global demand a bribe or other undue advantage to
relevance. obtain or retain business or other improper
2. General Policies: Enterprises should take advantage. They should promote employee awa­
fully into account established policies in the reness of company policies against bribery.
countries in which they operate, and they 7. Consumer Interests: Enterprises should act
should respect human rights, promote local in accordance with fair business, marketing and
capacity building and encourage suppliers and advertising practices and should take all reaso­
sub-contractors to apply principles of corporate nable steps to ensure the safety and quality of
conduct compatible with the Guidelines. the goods or services they provide. They should
3. Disclosure: The Guidelines recommend provide consumers with product information
regular disclosure of information regarding and establish procedures that contribute to the
enterprises’ activities, structure, financial situa­ resolution of consumer disputes.
tion and performance. 8. Science and Technology: Enterprises
4. Employment and Industrial Relations: should contribute to the transfer of technology
Enterprises should respect the their employees’ and know-how to host countries and to the
labour rights, engage in constructive negotia­ development of local and national innovative
tions with employees’ representatives, combat capacity. When appropriate, they should per­
discrimination, and contribute to the elimination form science and technology development work
of child labour and forced or compulsory labour. in host countries.
5. Environment: Enterprises should take due 9. Competition: Enterprises should refrain
account of the need to protect the environment from entering into or carrying out anti-competi­
and public health and safety. They should estab­ tive agreements among competitors, and should
lish a system of environmental management, conduct all their activities in a manner consis­
and maintain contingency plans for preventing, tent with all applicable competition laws.
mitigating, and controlling serious environmen­ 10. Taxation: Enterprises should contribute
tal and health damage. to the public finances of host countries by
making timely payment of their tax liabilities.
30 Report No. 10 to the Storting 2008– 2009
Corporate social responsibility in a global economy

scale enterprises, but small and medium-sized


enterprises can use relevant parts of the fram­
ework flexibly, cf. Chapter 6, section 3. Companies
can enhance the credibility of their reports
through external auditing carried out by impartial
groups or individuals.

3.1.4 Vigilance and knowledge sharing


In the Government’s view, companies should be
vigilant and actively seek out information about
social conditions and trends in the areas where
they are operating. They should adopt a holistic
approach that takes into account the challenges Figure 3.3 The first female solar panel engineer in
and dilemmas they face in their international ope­ India’s largest state, Rajasthan.
rations. Fostering openness and engaging in dialo­ Photo: Robert Wallis/Panos Pictures/Felix Features.
gue with the communities in which they operate
are prerequisites for finding good solutions. The
Government expects companies to be particularly or that is knowledge-intensive, or a combination of
vigilant when operating in vulnerable or conflict- the two. Norway has considerable potential for
affected areas. This is discussed in greater detail in further developing knowledge-based industries,
Chapter 4. for example in areas such as energy, the environ-
Companies should actively gather information, ment, and maritime and marine activities. Because
draw on the experience of other companies that Norway is a high-cost country and natural resour­
engage in systematic CSR efforts, participate in ces are limited, it will be difficult in the long term
networks or seek other ways of benefiting from the for the Norwegian private sector to maintain a
transfer of knowledge and expertise. They should
also be willing to share their knowledge with other
companies, particularly small enterprises that have
Box 3.2 Renewable Energy Corporation
limited experience of international operations. It
(REC)
can also prove fruitful for companies to cooperate
with NGOs that have knowledge and experience of There is a great deal of innovation taking
the situation in the host country. Companies that place in Norwegian energy companies in con-
are at an early stage in integrating CSR into their nection with the development of new techno-
operations should contact organisations and insti­ logy. In the international solar cell industry,
tutions that can provide information, guidance and two new processes for the production of high-
expertise, cf. Chapter 9. purity silicon have been developed. Both of
these are Norwegian, or Norwegian-owned.
The Renewable Energy Corporation
3.1.5 Innovation and social responsibility (REC) is currently one of the world’s leading
The ability to convert good ideas into new solu­ solar energy companies, specialising in sili-
tions has never been more important for achieving con materials, photovoltaic wafers, solar cells
positive social development and business success. and solar modules. Solar power plants using
Innovation is the key to competitiveness, value the REC’s newest modules are expected to
creation and sustainable growth for companies and pay back the energy used in their manufac-
countries alike. Innovation in the private sector is ture in the course of about a year. Access to
also essential in addressing the challenges of our clean and climate-friendly energy at afforda-
time. By developing new products and services, ble prices for people all over the world would
technology, production processes, forms of organi­ be an important contribution to sustainable
sation, business models and partnership models, development.
the private sector can help to meet the challenges By developing technology and reducing
facing society. costs, solar energy could quickly become a
Today Norwegian companies’ competitive competitive alternative to less sustainable
advantage lies primarily in production that is based forms of energy.
on the natural environment and natural resources
2008– 2009 Report No. 10 to the Storting 31
Corporate social responsibility in a global economy

competitive advantage that is not based on know­ the national and international level. Companies’
ledge and innovation. attitudes and conduct are crucial in this context.
Innovation and the ability to adapt are key to Leading companies have gradually gained a grea­
tackling social challenges relating to the environ­ ter awareness of human rights, as well as of the sig­
ment, the growing number of people requiring nificance that better observance of these rights in
care, and increased globalisation. The Govern­ the host country can have for companies and their
ment will therefore seek to facilitate greater inno­ stakeholders.
vation in both the private and the public sectors. In Human rights constitute a set of obligations
this connection, it submitted a white paper on inn­ that are not directed towards the private sector.
ovation to the Storting in 2008. The white paper They are formulated as the obligations of a state
sets out the Government’s policy for securing long- towards its citizens, and they must be safeguarded
term and sustainable value creation. by the public authorities. At the same time, it can
be argued that human rights are an expression of
general moral obligations that apply to all mem­
The Government expects Norwegian bers of society. This conception is reflected in the
companies to: Universal Declaration of Human Rights adopted by
• integrate a clear awareness of CSR in their the UN in 1948.
boards, management teams and corporate cul­ The Universal Declaration of Human Rights
ture; covers civil and political rights, as well as econo­
• build and further develop the necessary exper­ mic, social and cultural rights. The different kinds
tise within the company; of rights have been defined more precisely and
• acquaint themselves with the OECD Guideli­ codified in a number of international human rights
nes for Multinational Enterprises and follow conventions.
them in their operations; According to the Universal Declaration of
• consider joining the UN Global Compact; Human Rights, everyone has an individual respon­
• draw up and implement guidelines for social sibility in relation to human rights. Human rights
responsibility; are therefore relevant for companies and business
• follow their own guidelines with regard to the managers too, albeit in a different way than they
supply chain, by setting requirements, having are for states. Companies can fulfil this obligation
control procedures and promoting capacity-
building;
• take good corporate practices with them from
Norway, including models for cooperating with Box 3.3 Key human rights conventions
employees and employee representatives;
• develop their own CSR standards, using best – The International Covenant on Economic,
practice within their field or branch as their Social and Cultural Rights
guiding principle and goal; – The UN Convention Against Torture
• establish mechanisms or schemes for whistle- – The International Convention on the Eli­
blowing or notification of unacceptable cir­ mination of All Forms of Racial Discrimi­
cumstances; nation
• show transparency with regard to the econo­ – The UN Convention on the Elimination of
mic, social and environmental consequences of All Forms of Discrimination against
their operations; Women
• actively seek out information and guidance in – The UN Convention on the Rights of the
connection with international operations, parti­ Child
cularly in developing countries. – The UN Convention on the Rights of Per­
sons with Disabilities
– The European Convention on Human
3.2 The responsibility of business in Rights
key areas – The European Social Charter
– The European Convention for the Preven­
3.2.1 Corporate responsibility to respect tion of Torture and Inhuman or Degra­
human rights ding Treatment or Punishment
The involvement of various actors is necessary in – The ILO core conventions
order to ensure greater respect for human rights at
32 Report No. 10 to the Storting 2008– 2009
Corporate social responsibility in a global economy

In light of this, the UN Secretary-General


Box 3.4 The NHO checklist on human appointed a Special Representative on business
rights from the perspective of business and human rights in 2005, with the mandate to exa­
and industry mine the issue of human rights and transnational
corporations and other business enterprises. The
The Confederation of Norwegian Business Special Representative has carried out broad con­
and Industry (NHO) has, in collaboration sultations and important surveys and studies con­
with Amnesty International, drawn up a cerning these questions. A final report was submit­
checklist that can be used in connection with ted to the UN Human Rights Council in April 2008.
Norwegian companies’ assessments in con­ In the report, a conceptual and policy framework is
nection with operations abroad. The checklist presented, which comprises three core principles:
is based on the UN Universal Declaration of – The State duty to protect against human rights
Human rights, and gives companies concrete abuses by third parties, including business;
guidance on dealing with challenges related – The corporate responsibility to respect human
to human rights. The checklist includes the rights; and
following questions: – The need for more effective access to reme­
– Does the company have guidelines that dies.
prohibit discrimination based on race,
colour, sex, language, religion, political or The Special Representative’s mandate was rene­
other opinion, national or social origin, wed in June 2008 in order to operationalise this
property, birth or other status? framework and provide concrete recommenda­
– Does the company have guidelines that tions. The Special Representative’s efforts in the
ensure safe and healthy working condi­ time ahead are expected to form the basis for the
tions for employees, and are the rules international debate in the coming years, cf. Chap­
observed? ter 7, section 1. Norway is actively involved in
– Does the company have procedures that these efforts.
prevent slavery, forced child labour or
hard labour performed by prisoners?
– Does the company have guidelines that 3.2.2 Corporate responsibility to provide
ensure employees’ right to enter into col­ decent work
lective agreements, including their right Although the main responsibility for regulating the
to strike? working environment lies with the authorities of
the countries concerned, the private sector has an
independent responsibility for working conditions
in its own activities. Companies’ obligations to
respect and promote human rights include crea­
by acting in a responsible manner, irrespective of ting decent working conditions where fundamental
where they are operating. labour standards are complied with and employees
In many countries, the authorities are directly receive a living wage.
responsible for gross human rights violations. This Companies are expected to be familiar with
may be a case of the police systematically using tor­ national legislation and international conventions
ture, or of dissidents being imprisoned without relating to working conditions. The ILO core con­
trial. In other countries, the authorities fail to ventions are of central importance in this context.
enforce provisions intended to protect employees Companies should consider whether or not it is
or consumers, for example the prohibition of child sufficient to comply with the legislation of the
labour or provisions concerning a minimum wage. countries in which they are operating. At a mini­
Companies have a duty to comply with national mum, they should ensure that workers’ rights and
statutory provisions concerning human rights in working conditions are in line with the standards
the countries in which they operate. A violation of set out in the ILO core conventions.
these provisions may entail legal liability in the The eight ILO core conventions are considered
country concerned. The question is whether or not to be fundamental to rights at work. They cover
companies have a responsibility beyond this, in what are known as the fundamental principles and
particular in relation to the communities over rights at work: freedom of association and the right
which they have influence or control. This is a rele­ to collective bargaining (including the right to
vant issue in international forums. strike); the elimination of all forms of forced or
2008– 2009 Report No. 10 to the Storting 33
Corporate social responsibility in a global economy

Act. In addition to pay, anti-discrimination stan­


dards also cover employment, promotion and opp­
ortunities for development at work.
The purpose of the ILO Tripartite Declaration
of Principles concerning Multinational Enterprises
and Social Policy (1977) is to encourage compa­
nies, national authorities and the social partners to
promote decent working conditions and social dia­
logue at the workplace. It lays down principles in
the areas of employment, training, conditions of
work and life, and industrial relations. The Declara­
tion was amended in 2000 and again in 2006 in
accordance with other ILO instruments. The ILO
Governing Body has set up a helpdesk to provide
Figure 3.4 Children working at a brick manufactu- managers and employees with information about
ring plant in Peru on the World Day Against Child the Declaration.
Labour, 12 June 2008. Many Norwegian companies have developed
Photo: EPA/PACO CHUQUIURE/Scanpix. guidelines designed to ensure that workers’ rights
are respected by both their subsidiaries and sub­
contractors. It is also important that the companies
compulsory labour; the effective abolition of child
labour; and the elimination of discrimination in
respect of employment and occupation. Box 3.6 Global framework agreements
The right to equal pay for equal work and for A number of companies have entered into glo­
work of equal value is set out in ILO Convention bal framework agreements with labour orga­
No. 100 and in the Norwegian Gender Equality nisations that are to apply to their operations
worldwide. In general, these agreements are
between international workers’ organisations
Box 3.5 The ILO core conventions and multinational enterprises. Altogether
there are currently some 50 agreements of
– Convention concerning Freedom of Asso­ this kind, covering more than 4.2 million wor­
ciation and Protection of the Right to Orga­ kers.
nise, 1948 (No. 87); The agreements are generally based on
– Convention concerning the Application of the ILO core conventions and refer to them
the Principles of the Right to Organise directly. Respect for labour rights is an impor­
and to Bargain Collectively, 1949 (No. 98); tant element in the agreements. In addition,
– Convention concerning Forced or Com­ the agreements often ensure a minimum level
pulsory Labour, 1930 (No. 29); of protection for workers with regard to
– Convention concerning the Abolition of health, safety, working environment, pay and
Forced Labour,1957 (No. 105); working hours. Mechanisms have also been
– Convention concerning Minimum Age for included for monitoring and following up the
Admission to Employment, 1973 (No. agreements. A few of the agreements also
138); oblige companies to enter into similar agre­
– Convention concerning the Prohibition ements with their subcontractors.
and Immediate Action for the Elimination The paper manufacturer Norske Skog has
of the Worst Forms of Child Labour, 1999 signed an agreement with the International
(No. 182); Federation of Chemical, Energy, Mine and
– Convention concerning Discrimination in General Workers’ Unions (ICEM), which sets
Respect of Employment and Occupation, out minimum standards for working condi­
1958 (No. 111); tions, health and safety, and human rights.
– Convention concerning Equal Remunera­ Other Norwegian companies that have ente­
tion for Men and Women Workers for red into agreements of this kind include Aker
Work of Equal Value, 1951 (No. 100). ASA, StatoilHydro and Veidekke.
34 Report No. 10 to the Storting 2008– 2009
Corporate social responsibility in a global economy

have effective follow-up and control mechanisms lation on an ongoing basis, and thus form part of
that ensure compliance with the guidelines. Many the existing legislation that companies must
companies still need to establish good guidelines comply with in countries that are parties to these
and practices in this area, not least when it comes agreements.
to encouraging their subcontractors to respect In addition to the ongoing development of nati­
employees’ rights. This can be achieved by inclu­ onal and international environmental standards for
ding clauses in their contracts with their subcon­ the private sector, companies should take a proac­
tractors, for instance. tive approach in order to reduce the adverse envi­
ronmental impacts of their operations beyond what
is stipulated in such standards. By being at the
3.2.3 Corporate environmental forefront of developments in this area, companies
responsibility can achieve lower costs, an improved strategic
The Government views the participation of the pri­ starting point for their long-term operations, and
vate sector as crucial in addressing the challenges new market opportunities. The private sector
relating to climate change, the loss of biodiversity, should therefore have considerable self-interest in
and releases of hazardous substances. Companies integrating an environmental perspective more
that manage to stay at the forefront of innovation fully into its activities.
and environmentally sound resource use can gain The private sector can help to mitigate environ­
comparative advantages, both in financial terms mental problems by making its own operations
and in relation to markets. The focus of corporate more environmentally friendly and by making effi­
environmental responsibility has shifted from avo­ cient use of resources. Companies can play a part
iding damage to the environment to integrating by developing innovative processes or technology
environmental concerns and resource use into sys­ designed to minimise the use of scarce resources
tems for managing companies’ products, finances and reduce harmful emissions. Companies can
and reputation. also develop new, greener products and services to
Under international agreements that have been replace existing ones. They can make an important
implemented in national legislation, the private contribution by collaborating with their supply
sector must comply with a number of require­ chains and requiring their partners to meet high
ments designed to limit the adverse environmental environmental standards. The most advanced com­
impacts of its operations. Multilateral environmen­ panies now carry out life cycle analyses for their
tal agreements are incorporated into national legis- products, and are introducing routines that include
requirements for their subcontractors.
Climate change is creating new challenges, and
national authorities and the private sector have a
Box 3.7 Carbon Disclosure Project
shared responsibility for addressing them. The
The Carbon Disclosure Project (CDP) is an authorities are responsible for establishing a
independent, non-profit organisation that col­ framework that will promote innovation and cost-
lects and publishes information on corporate effective solutions. The private sector has a role to
greenhouse gas emissions, as well as other play in finding solutions by developing new techno­
information on how companies are managing logy and by using the best available techniques. It
and reducing their greenhouse gas emis­ is important to raise companies’ awareness of their
sions. Altogether, 1 300 of the world’s largest direct and indirect impacts on the climate, and
companies responded to the CDP question­ what steps they can take to minimise these
naire in 2007. impacts.
The CDP Corporate Supply Chain Pro­
gramme was initiated in 2007. The aim of the
programme is to establish a standardised 3.2.4 Corporate responsibility to combat
approach to the reporting of greenhouse gas corruption
emissions resulting from a company’s supply Corruption is a serious obstacle to social and econ­
chain emissions. Participating Norwegian omic development in many parts of the world.
enterprises include Aker Yards, DnB Nor, Total international development assistance is insig­
Hafslund, Marine Harvest Group, Norsk nificant compared with the sums that disappear
Hydro, Orkla, the REC Group, Schibsted, from poor countries, for example due to corruption
StatoilHydro, Storebrand and Norges Bank. and tax evasion. Public corruption and the unlaw­
ful enrichment of decision-makers undermine
2008– 2009 Report No. 10 to the Storting 35
Corporate social responsibility in a global economy

democratic processes and decisions based on the section 276b, on gross corruption; and section
best interests of the community. Valuable resour­ 276c, on trading in influence (see Box 3.8). Those
ces are lost, and public governance is weakened. convicted of corruption face up to three years’
There are various forms of corruption, ranging imprisonment, while the penalty for gross corrup­
from corruption linked to large-scale projects with tion is imprisonment for up to 10 years. Aiding and
substantial flows of capital, to grease or lubrication abetting carries the same penalty.
payments and facilitation payments. There is a According to the amendments of 1 March 2008
close connection between corruption, other forms to the Act relating to compensation, corruption
of international crime, and illicit financial flows. also incurs liability for damages. If an employer is
Like many other countries, Norway is party to to avoid liability for damages caused by an
various international agreements that contain obli­ employee’s corrupt behaviour, the employer must
gations to combat corruption. These obligations have taken all reasonable precautions in order to
define the conditions for business activity both prevent corruption of this kind from occurring.
within and outside Norway’s borders. A growing number of other countries are tigh­
Norwegian legislation relating to corruption tening their legislation on corruption, partly as a
has been made more stringent in recent years. result of the UN Convention against Corruption,
This is particularly evident in the amendments to the Council of Europe Criminal Law Convention on
the Penal Code. All forms of corruption are prohi­ Corruption, and the OECD Anti-Bribery Conven­
bited under Norwegian law. This prohibition also tion. This means that the international community
applies fully to Norwegian nationals and persons is moving towards a global standard. For Norwe­
domiciled in Norway who are involved in activities gian companies operating in an international mar­
abroad. Facilitation payments, i.e. payments for ket, this means that they will encounter legislation
services to which one is already entitled without that is equivalent to Norwegian legislation in an
paying an extra fee, are also considered to be cor­ increasing number of other countries. This will
ruption. The key concept in the legislation is that of help to give the private sector more equal condi­
«improper advantage». tions of competition.
Norwegian courts base their rulings on Nor­ However, the Norwegian authorities are aware
wegian law, even when business has been con­ that not all countries enforce an anti-corruption
ducted abroad. However, the culture and traditions standard that is in line with international conven­
of the country in question are taken into account tions, and it may take some time before they do.
when assessing to what extent improper conduct For the foreseeable future, the private sector
has occurred. Companies may incur criminal liabi­ should therefore be prepared for challenging situ­
lity under foreign legislation, as well as under Nor­ ations in countries where corruption is wide­
wegian legislation. Companies therefore have to spread.
observe both local and Norwegian laws. The authorities and the private sector have a
The Penal Code includes three sections that shared responsibility to combat corruption. They
are particularly important in the fight against cor­ also have a shared responsibility to promote the
ruption. These are: section 276a, on corruption; greatest possible degree of transparency with
regard to capital flows, particularly in connection
with operations in developing countries.
Most major Norwegian companies with opera­
tions abroad have developed their own internal gui­
delines and routines for combating corruption.
The challenge is to implement and follow up these
guidelines in practice.

The Government
• expects companies to respect fundamental
human rights, including those of children,
women and indigenous peoples, in all their ope­
rations, as set out in international conventions;
Figure 3.5 • expects companies to base their operations on
Illustration photo: Jocelyn Carlin/Panos/Felix Features. the ILO core conventions regarding the right
36 Report No. 10 to the Storting 2008– 2009
Corporate social responsibility in a global economy

Box 3.8 Anti-corruption provisions of the Penal Code


official or any other person in breach of the spe­
Section 276a. Corruption cial confidence placed in himby virtue of his
Any person who position, office or assignment, whether it has
a) for himself or other persons requests or resulted in a considerable economic advantage,
receives an improper advantage or accepts whether there was any risk of considerable
an offer thereof in connection with a position, damage of an economic or other nature, or
office or assignment, or whether false accounting information has been
b) gives or offers any person an improper ad­ recorded, or false accounting documents or
vantage in connection with a position, office false annual accounts have been prepared.
or assignment shall be liable to a penalty for
corruption.
Section 276c. Trading in influence
Position, office or assignment in the first Any person who
paragraph also means a position, office or a) for himself or other persons requests or
assignment in a foreign country. receives an improper advantage or accepts an
The penalty for corruption shall be fines or offer thereof in return for influencing the con­
imprisonment for a term not exceeding three duct of any position, office or assignment, or
years. Any person who aids and abets such an b) gives or offers any person an improper ad­
offence shall be liable to the same penalty. vantage in return for influencing the conduct
of a position, office or assignment shall be li­
able to a penalty for trading in influence.
Section 276b. Gross corruption
Gross corruption shall be punishable by impri­ Position, office or assignment in the first
sonment for a term not exceeding 10 years. paragraph also mean a position, office or
Any person who aids and abets such an assignment in a foreign country.
offence shall be liable to the same penalty. In Trading in influence shall be punishable by
deciding whether the corruption is gross, fines or imprisonment for a term not exceeding
importance shall be attached to, inter alia, three years. Any person who aids and abets
whether the act has been committed by or in such an offence shall be liable to the same
relation to a public penalty.

to organise and the abolition of forced labour, tion schemes, internal guidelines and
child labour and discrimination; information efforts;
• expects companies to maintain HSE standards • expects companies to show the maximum pos­
that safeguard employees’ safety and health; sible degree of transparency in connection
• calls on the social partners to actively advocate with financial flows.
global corporate agreements in order to safe­
guard employees’ rights;
• expects companies operating in countries 3.3 The scope of corporate
where universal rights such as the right to responsibility
organise and the right to collective bargaining
are not upheld to seek to establish other arran­ Companies should be aware of issues within their
gements that enable employees’ views to be «sphere of influence» that affect their operations or
heard; are a result of them. In Norway there is a wide­
• expects companies to take into account envi­ spread view that companies have a responsibility
ronmental considerations and promote sustai­ towards their employees, and that they are part of,
nable development, for instance by developing and have a responsibility towards, the society in
and using environmentally sound technology; which they operate. Companies’ activities have
• expects companies to actively combat corrup­ financial, environmental and social consequences
tion by means of whistle-blowing or notifica­ that it is only reasonable that they take responsibi­
2008– 2009 Report No. 10 to the Storting 37
Corporate social responsibility in a global economy

Box 3.9 Combating corruption


The Ministry of Foreign Affairs provides a busi­ – Be particularly aware of roles in which
ness anti-corruption portal, with tools for compa­ employees could come under strong pres­
nies’ anti-corruption efforts. The brochure Say sure to offer or accept bribes. Job rotation
no to corruption – it pays! has been circulated to and other measures to reduce the risk of cor­
Norwegian companies by way of the embassies ruption should be considered.
and other government bodies. The brochure – Check the references of employees, agents
contains information on the Penal Code and the and partners who represent the company
following checklist for combating corruption: and insofar as possible keep a close eye on
– Undertake thorough studies of the risk of their activities.
corruption in the relevant markets. – Require that employees, intermediaries and
– Ensure that all employees are familiar with agents agree to comply with the company’s
the Norwegian and relevant foreign legal rules for combating corruption.
provisions on corruption. – Maintain a high ethical standard and avoid
– Introduce ethical guidelines, regular inter­ circumstances that could call impartiality
nal audits and routines for detecting irregu­ into question.
larities. – When faced with a difficult situation, focus
– Consider establishing a contact point, prefe­ on mutual interest in working together in an
rably outside the company, that employees open, lawful manner. Suspicions of corrup­
can turn to if they have any suspicions of tion can have extremely serious consequen­
corruption. ces.
– Ensure that employees, intermediaries and – Seek the advice of experts if necessary.
agents are involved on a regular basis in
measures to reduce the risk of corruption.

lity for. However, the extent of this responsibility is Processes of this kind also have relevance for the
not always clear. other aspects of the CSR concept. Assessments of
According to the UN Secretary-General’s Spe- due diligence can often be linked to the notions
cial Representative on business and human rights, «sphere of influence» and «complicity». It is there-
the starting point for corporate responsibility must fore pertinent to take a closer look at these con-
be to consider whether the company has shown cepts.
«due diligence». There are a number of different
steps a company can take in order to operationalise
the concept of due diligence. The concept can help Companies’ sphere of influence
companies gain an awareness of, prevent and add- As far as the scope of companies’ responsibility is
ress the negative consequences of their opera- concerned, it is natural to start with matters com-
tions. In his April 2008 report, the Special Repre- panies are able to influence. Responsibility can be
sentative states that a human rights due diligence most clearly attributed to companies for matters
process should include four areas: over which they have a decisive influence or con-
– Policies: companies should adopt a human trol. They can also incur responsibility when they
rights policy; outsource functions and assignments to others,
– Impact assessments: companies should carry since this can be viewed as part of the company’s
out impact assessments regarding the implica- own operations.
tions of their activities; Companies are responsible for ensuring that
– Integration: human rights policies should be employees are provided with conditions that are at
integrated throughout a company; least in line with international minimum standards.
– Tracking performance: companies should have Companies are expected to assess the risks rela-
a system for monitoring and auditing in order ting to forced labour, child labour and workplace
to track their human rights performance on an discrimination, and to take the necessary precau-
ongoing basis. tions to minimise such risks. Freedom of associa-
tion, freedom of expression and freedom of reli-
38 Report No. 10 to the Storting 2008– 2009
Corporate social responsibility in a global economy

gion and belief are also rights that companies this is explained in Official Norwegian Report
should respect. NOU 2003:22, Management for the future: Proposed
Companies also have a direct influence over ethical guidelines for the Government Petroleum
their own contractual relations, and over the envi­ Fund, inter alia drawing on the scope of complicity
ronmental consequences of their activities. Norwe­ as set out in Norwegian law:
gian companies can contribute to raising standards
«In order for an investor to be complicit in an
by facilitating good corporate culture, by having
action, he/she must be able to foresee it. Some
good routines for health, safety and environment form of systematic or causal relationship must
(HSE), and by transferring knowledge and techno­ exist between the company’s activities and the
logy to their own operations abroad and to their actions to which the investor does not wish to
subcontractors. contribute. Investment in a company cannot be
Usually a company engaged in international considered to entail complicity in actions that
operations will also have significant influence over were impossible to anticipate or be aware of or
– if not actual control of – matters relating to the circumstances over which the company in ques­
company’s surroundings, for instance the local tion could not have any significant degree of con­
community and contractual parties. By setting con­ trol.»
tractual terms and making sure that all the actors There is no clear internationally agreed defini­
in the value chain provide decent working condi­ tion of complicity, but the concept is being empha­
tions for their employees and meet key environ­ sised to an increasing extent by investors and
mental standards, companies take responsibility NGOs. The UN Secretary-General’s Special Repre­
for their surroundings. Companies may also have a sentative on business and human rights has exami­
responsibility towards other groups. An example of ned the issue of complicity more closely in relation
this is if a company buys security services from to human rights. In his view, the concept refers to
local security forces in its area of operation. «indirect involvement by companies in human
The further removed something is from a com­ rights abuses – where the actual harm is commit­
pany’s core activities, the harder it is to argue that ted by another party, including governments and
the company can exert a decisive influence over it. non-State actors». Moreover, it has both legal and
Companies and their representatives may wish, or non-legal meanings.
consider it in their interests, to take a clear stance The legal meaning of complicity is particularly
against serious human rights abuses. However, relevant in connection with international crimes.
some host countries may react negatively to a com­ Here, providing encouragement or practical assis­
pany getting involved in human rights issues wit­ tance that has a substantial effect on the commis­
hin their jurisdiction, particularly if these issues sion of the crime may constitute complicity. In Sep­
are political in nature. In any case, a company tember 2008, the International Commission of
should keep abreast of key developments in the Jurists Expert Legal Panel on Corporate Compli­
country in which it is operating, including develop­ city in International Crimes published an extensive
ments in the human rights situation. report on this topic.
Some companies wish to contribute to humani­ The above-mentioned Official Norwegian
tarian efforts outside their own sphere of influ­ Report on proposed ethical guidelines for the
ence. This involvement may be linked to economic, Government Petroleum Fund gives examples of
social and cultural rights, for instance through aid various scenarios relevant to the concept of compli­
projects in the areas of health, infrastructure, edu­ city:
cation or sport. There are also examples of compa­
«Particular problems arise in connection with
nies supporting the promotion of civil and political
companies that have activities in states where
rights.
severe human rights violations occur. Such vio­
lations can also occur in connection with the
companies’ activities, for example by using secu­
Complicity
rity forces that commit abuses to protect the
Companies must make sure that they are not com­ company’s property and installations, deporta­
plicit in unethical practices. The Ethical Guidelines tion of people and environmental degradation to
for the Norwegian Government Pension Fund – facilitate the company’s projects or arrests and
Global also state that the Fund should not make persecution of workers who are seeking to pro­
investments which constitute an unacceptable risk mote trade union rights. Complicity on the part
that the Fund may contribute to serious or syste­ of the company can be invoked only if direct
action is taken to protect the company’s property
matic violations of human rights. What is meant by
2008– 2009 Report No. 10 to the Storting 39
Corporate social responsibility in a global economy

or investment, and the company has not taken


reasonable measures to prevent the abuse.»
If companies cooperate closely with the autho­
rities of countries with weak governance, they
must demonstrate special vigilance and deal con­
structively with difficult dilemmas. This is particu­
larly the case if companies can be suspected of
benefiting from the authorities’ conduct, or if the
cooperation can help to legitimise the authorities.
Certain countries, including the US, have defi­
ned complicity in their domestic legislation, and
have given the courts broad jurisdiction to assess
alleged human rights violations in connection with
companies’ operations abroad. Figure 3.6 Textile production in China. The use of
Through due diligence, for instance by carry­ face masks is a simple but essential protective
ing out risk assessments, companies can ensure measure for textile workers.
that they are not complicit in human rights viola­ Photo: Ethical Trading Initiative Norway (ETI-Norway).
tions or other negative impacts of their own opera­
tions. Risk assessment should be used both for a
company’s own activities and for those of its busi­
ness partners. There are a number of tools – both chain and ensure that operations are environmen­
general and sector-specific – that companies can tally sound.
use in this process. One such tool is the Human
Rights Compliance Assessment (HRCA), develo­ 3.4.1 How far does the responsibility
ped by the Danish Institute for Human Rights. extend?
Socially responsible companies accept responsibi­
lity for ensuring, to the extent possible, that all sta­
3.4 Social responsibility in the supply ges of the supply chain meet their standards. At
chain present, it is not realistic to expect imported goods
Social responsibility in the supply chain is a rapidly or semi-finished products from all countries to
have been produced without any risk of direct or
developing field, which is attracting growing atten­
indirect involvement in violations of internationally
tion and becoming increasingly important. Out­
recognised norms and rules. In practice, there are
sourcing and major changes in the international
often both practical and financial limitations con­
division of labour mean that more and more factor
cerning how far down the value chain it is possible
inputs in the public and private sectors, as well as
for an individual company or procurement organi­
finished goods on the market, come from countries
where the authorities do not provide adequate con­ sation to carry out quality controls of its suppliers.
It is seldom possible for a company to control all
trol of working conditions and protection of wor­
kers’ rights. There is growing concern that goods processes, from the extraction of raw materials
right up to waste management. Furthermore, it
and services imported to Norway should be produ­
can be difficult to know where to draw the line.
ced under satisfactory working conditions, and
It seems most reasonable to set as a minimum
that factors such as children’s and women’s rights
standard that a company’s responsibility covers
and environmental considerations should also be
the sphere it can influence directly as a purchaser
taken into account.
and seller, through contracts or in other ways. If
Today, all companies with activities in or that
use suppliers in countries where the legislation suppliers have to meet requirements relating to
working conditions and environmental issues, and
does not meet internationally accepted standards,
or is not properly enforced, have to take the whole ensure that subcontractors meet similar require­
ments, they can be held accountable.
supply chain into consideration. Companies may
The challenges that arise vary between compa­
need to cooperate through trade associations or
nies and products. Rather than seeking to delimit
with their competitors in order to prevent viola­
its responsibilities, it is more important for a com­
tions of human rights or labour rights in the supply
pany to look into the risks of violations of human
and workers’ rights or adverse impacts on the envi­
40 Report No. 10 to the Storting 2008– 2009
Corporate social responsibility in a global economy

ronment at different stages of production proces­ organisations are given access to information, so
ses, including the production of factor inputs. that they can adapt their consumption to their per­
Thus, the introduction of ethical guidelines in the sonal convictions.
supply chain can be regarded as a risk manage­
ment tool.
So far, both practical experience and research 3.4.2 Ethical requirements in the supply
point in the same direction, indicating that introdu­ chain
cing requirements for social responsibility in the Taking responsibility for the supply chain means
supply chain can create opportunities, both for that companies do not just set requirements for
business development and for improving financial their suppliers, but also work with them to help
performance. Key factors in this context are long- them meet their obligations. This requires con­
term systematic improvement and competence- crete, sustained efforts to improve the situation,
building in the supply chain. Companies can gain a and companies must be prepared to follow up their
competitive advantage by adjusting quickly to suppliers over the long term. No company can
forthcoming regulations and long-term market work equally closely with all its suppliers at all
developments, and not least by meeting market times. But everyone can make a start.
expectations. A company can observe and monitor how its
So far, the public debate on supply chains has suppliers comply with their obligations by coopera­
focused primarily on the importance of setting ting closely with them, and by visiting their premi­
minimum requirements for suppliers. However, ses. This will also increase suppliers’ awareness of
many consumers expect more than this, and consi­ their obligations and further the transfer of know­
der ethical standards to be important when making ledge and experience. Norwegian companies can
purchases. In order for consumers to be able to for example contribute expertise on HSE, environ­
make informed choices, it is important to ensure mental management and dialogue between the
the greatest possible degree of transparency with social partners, as well as demonstrating how
regard to production abroad. In the Government’s improved working conditions can enhance pro­
view, it is important that consumers and consumer ductivity and quality.
A natural first step is to develop a code of con­
duct that as a minimum is in line with international
conventions and standards. There are also sector-
Box 3.10 Cooperation between Stormberg
specific standards that correspond to codes of con­
and its suppliers
duct, for the textile industry, for instance. Codes of
Stormberg is a sports and textiles wholesaler. conduct can be used to convey what is expected of
The company is seeking to take workers’ suppliers as regards both ethical and environmen­
rights and environmental considerations into tal standards.
account in its operations in Norway and Recent research1 and established good practice
abroad. indicate that if ethical guidelines are to function as
Outdoor clothing is designed and develo­ intended and meet the expectations of employees
ped in Norway, but manufactured at a number and other stakeholders, the following are impor­
of factories in China. According to the com­ tant elements:
pany’s ethical guidelines, all suppliers must – that codes of conduct are drawn up in line with
provide well-regulated pay and working con­ international workers’ and human rights and
ditions and respect the right to organise and environmental standards, so that the require­
the right to enter into collective bargaining ments suppliers must meet are as standardised
agreements. A Chinese version of the guideli­ as possible, even when they are made by diffe­
nes is displayed in the factories. rent actors;2
Stormberg carries out spot checks of the – that the requirements suppliers must meet are
factories, sometimes unannounced. Storm- primarily in line with applicable national legis­
berg has drawn up a profile for each factory as lation, but alternatively in line with internatio­
a basis for inspection and control, which iden­
tifies factors to which special attention should 1
The ETI code of labour practice: Do workers really benefit?
be paid. In addition, inspectors are provided Institute of Development Studies 2006.
2
with a list of points to check, and also conduct The Universal Declaration of Human Rights, the Convention
on the Rights of the Child, the core ILO conventions and
interviews with workers at the factories. other ILO conventions and documents dealing with matters
such as HSE, working hours and the right to a living wage.
2008– 2009 Report No. 10 to the Storting 41
Corporate social responsibility in a global economy

nally recognised standards if there is no The Ethical Trading Initiative Norway (ETI-Nor­
relevant national legislation or it is inadequate; way) is a resource centre that seeks to strengthen
– that requirements and the monitoring of com­ support for ethical trade practices throughout the
pliance with these are combined with compe­ supply chain. ETI-Norway provides its public- and
tence-building and exchange of experience; private-sector members with information, methods
– that wherever possible, control, monitoring and tools they can use when setting requirements
and competence-building are carried out by for decent working conditions and the inclusion of
actors with a firm basis in the local community environmental considerations throughout the sup­
and good cultural understanding; ply chain.
– that codes of conduct are implemented on the To ensure that suppliers comply with labour
basis of an integrated approach to CSR and standards, companies can encourage them to
with the support of the management and the obtain certification. SA 8000 is the most widely
board. recognised generic certification standard. It is pri­
marily intended for producers, and SA 8000 certifi­
cation shows that a facility respects workers’
Box 3.11 Ethical Trading Initiative Norway rights. Using recognised standards saves time and
(ETI-Norway) resources, for both customers and producers.
ETI-Norway was founded in 2000 by Norwe­ There are also environmental management sys­
gian Church Aid, the Norwegian Confedera­ tems that use third-party certification, such as ISO
tion of Trade Unions (LO), the Federation of 14001, the voluntary EU Eco-Management and
Norwegian Commercial and Service Enterpri­ Audit Scheme (EMAS), and the Norwegian Eco-
ses (HSH) and Coop Norway, to promote ethi­ Lighthouse Programme, see Chapter 6.4.
cal trade practices in the supply chain. As of Product labelling is another way of showing
November 2008, ETI-Norway had around 95 that products are produced in accordance with
members. It has two main objectives: social or environmental standards. Examples of
1. Strengthening support for ethical trade such labels are the Nordic Swan, the EU Flower,
issues; and the forthcoming EU Organic Logo, the FAIR­
2. Supporting members in developing ethical TRADE Mark, environmental declarations (in line
trade practices. with ISO 14025), the Forest Stewardship Council
(FSC) label, and the Marine Stewardship Council
ETI-Norway spreads information on the (MSC) eco-label.
importance of improved labour and environ­ Product labelling is a tool for consumers to
mental standards globally. It also makes use obtain information about the ethical and environ­
of knowledge-sharing and tools to strengthen mental standards of products. Companies can also
its members’ ethical trade practices. choose to provide this information in other ways.
Members commit to working towards Regardless of how the information is provided, it is
improvements in labour and environmental important to ensure that consumers are not misled
standards throughout their supply chains. by incorrect, imprecise or poorly documented
Their performance is measured through claims. In February 2005, the Nordic Consumer
annual reports. Members’ efforts should be Ombudsmen adopted a joint guideline on the use
based on: of ethical and environmental claims in marketing.
– Information concerning labour and envi­ The Norwegian Consumer Ombudsman adopted
ronmental standards in producer coun­ guidelines in this area in June 2003. These are
tries; based on the Marketing Act, and they require that
– Specific tools and methods; all advertising must convey a clear and balanced
– Risk assessment and risk management; message, that it must give a correct overall impres­
– Training initiatives and guidance; sion, that it must be based on fact, and that it must
– Cooperation between companies, authori­ be possible to substantiate all claims. It will proba­
ties, special interest organisations, trade bly be possible to continue to use these guidelines
unions, research institutions and NGOs, after the new Marketing Act comes into force in
both locally and internationally; and spring 2009.
– Competence-building in international
networks.
42 Report No. 10 to the Storting 2008– 2009
Corporate social responsibility in a global economy

specify how environmental concerns are to be


3.4.3 Greening supply chains included in the company’s procurement criteria
In recent years, environmental supply chain mana­ and supply chain management. The company must
gement has become an increasingly important part also decide how to organise communication with
of companies’ environmental strategies, partly as a its suppliers, and whether support functions and
result of the growing attention end users and insti­ training programmes are needed for employees of
tutional investors are paying to environmental the company itself and its suppliers. Incentive
issues. While in the past companies’ environmental schemes and monitoring and evaluation systems
strategies were primarily based on the need to should also be developed.
minimise risk, there has more recently been gro­
wing awareness that an active approach to environ­
mental responsibility can be commercially profita­ The Government
ble. Environmentally-friendly production methods • considers that to the extent possible, socially
often prove to be cheaper, and corporate gover­ responsible companies should ensure that all
nance is often better in companies that have intro­ stages of the supply chain meet the company’s
duced environmental management systems than in standards;
those that have not. • calls on Norwegian companies to set social
Product design, production and material use, and environmental requirements for their sup­
and transport and logistics are key areas where pliers and business partners;
companies can influence their environmental pro­ • calls on Norwegian companies to develop sys­
file by making conscious choices. For most compa­ tems for ensuring that suppliers comply with
nies, working towards a greener supply chain is a internationally recognised codes of conduct;
matter of improving existing structures. • calls on companies to play a part in capacity
Through life cycle assessment, companies can building and competence building in the sup­
obtain information and documentation on the over­ ply chain.
all environmental impact of products, during all
phases of the life cycle, from production to use, re­
use and waste management. By keeping a green­ 3.5 Investment and investment
house gas inventory, or calculating its carbon foot­ management
print, a company raises awareness of and docu­
ments its impact on the climate. Certain areas of the financial sector’s activities,
A company needs to make conscious choices at including advisory services, marketing, and the
various stages of its operations and procurement sale of advanced structured products have recently
processes in order to take environmental concerns come under increasing critical scrutiny, particu­
properly into account. Examples of such stages larly in the light of the global financial crisis. The
include: criticism has concerned the fact that risks have
– Choosing the business concept; been downplayed and the real rates of return exag­
– Choosing an environmental profile; gerated. The Financial Supervisory Authority of
– Determining procurement specifications; Norway has on a number of occasions pointed out
– Drawing up invitations to tender; that companies have failed to observe good busi­
– Entering into contracts; ness practice in their financial advisory services
– Following up deliveries; and their marketing of such products and services.
– Choosing between partnership and ad hoc pro­ Financial institutions and investment firms give
curement. advice and provide services that can have major
consequences for consumers. In their contact with
Systematic review and analysis of supply chains, consumers, these institutions and firms are always
any internal, external and country-specific challen­ the professional party. This is why a licence is
ges, and which areas should be given priority, are required for the sale of insurance products, loans,
needed as a basis for developing an environmental and advice on financial instruments. Licensees
strategy and a green procurement strategy. One have a particular duty of care towards consumers
strategic choice a company must make is whether when selling financial instruments and loan and
to make this an internal process or to seek part­ insurance products.
nerships with other companies. The overall stra­ However, in recent years, leading financial
tegy must define areas of responsibility and the institutions have started to focus on their social
division of roles and tasks within the company, and responsibility. This applies particularly to investors
2008– 2009 Report No. 10 to the Storting 43
Corporate social responsibility in a global economy

and fund managers, who are giving increasing tors in connection with investments. Three methods
weight to ethical standards in their investment and are widely used, either individually or in combination:
sales decisions. Some banks and insurance compa­ Negative screening enables financial institutions
nies have also become more concerned with ensur­ to avoid investing in the worst companies using cri­
ing that their loan and insurance customers meet teria that define where they do not wish to invest.
satisfactory social responsibility standards. These criteria are generally connected to what is
produced, for example landmines, cluster muni­
tions, nuclear weapons or tobacco. Criteria can also
3.5.1 Socially responsible investment be drawn up for the way companies manage their
One reason why actors in the capital market are operations, for example whether they are responsi­
focusing more on CSR is that professional inves­ ble for serious violations of human rights, or invol­
tors have become more aware of the importance of ved in corruption or major environmental damage.
environmental and social factors for the value of This method is often used by funds that set mini­
their own investments. In addition, investors are mum ethical standards, such as the Government
also being held accountable for matters other than Pension Fund – Global. Some investment mana­
financial returns. Investors are increasingly expec­ gers publish the names of the companies they pull
ted to include ethical considerations when inves­ out of, and believe that this increases pressure on
ting, both their own and their customers’ funds. A companies to improve their performance in this
number of Norwegian financial institutions have area.
therefore introduced CSR criteria as a basis for Another approach to socially responsible inves­
their investments. tment is positive screening, which entails compa­
Investors and fund managers have used the ring companies to identify which are the best.
term socially responsible investment (SRI) to Companies within the same sector are rated accor­
describe investments where financial returns are ding to their CSR performance. Factors such as
an important aim, but where ethical and environ­ environmental management systems, measures to
mental requirements are also taken into account. fight corruption, principles of corporate gover­
Responsible investment (RI) is a term that is nance, conditions for the employees, and guideli­
increasingly used to describe the inclusion of envi­ nes to safeguard human and workers’ rights are
ronmental considerations, social conditions and used as criteria. The rating enables an investor to
good corporate governance in fund management.
These are factors that can have a long-term finan­
cial effect.
SRI is not new for investors. When the Metho­ Box 3.12 The UN Principles for
dist Church in the US started investing in the stock Responsible Investment
market in the early 1900s, it avoided shares associ­
ated with alcohol or gambling. In Norway, interest – We will incorporate environmental, social
in socially responsible investment arose at the end and corporate governance (ESG) issues
of the 1980s. Gradually, socially responsible inves­ into investment analysis and decision-
tment developed from a small niche to an area of making processes.
interest to ordinary investors. Other parts of the – We will be active owners and incorporate
financial sector have started taking initiatives to ESG issues into our ownership policies
meet challenges and utilise opportunities relating and practices.
to CSR in connection with their loan and invest­ – We will seek appropriate disclosure on
ment activities. ESG issues by the entities in which we
Considerable technical expertise has been invest.
built up in this area, and several companies have – We will promote acceptance and imple­
developed their own analysis tools. Certain compa­ mentation of the Principles within the
nies qualify for inclusion on international sustaina­ investment industry.
bility indexes, such as the Dow Jones Sustainabi­ – We will work together to enhance our
lity World Index and the FTSE4Good Index. These effectiveness in implementing the Prin­
measure the performance of major companies that ciples.
are seeking to meet CSR criteria. – We will each report on our activities and
Financial institutions can take different approac­ progress towards implementing the Prin­
hes when setting requirements for non-financial fac­ ciples.
44 Report No. 10 to the Storting 2008– 2009
Corporate social responsibility in a global economy

select the best companies in each sector. These their own guidelines for lending and for portfolio
companies qualify for inclusion in «best in class» investments.
funds – funds that set extremely high CSR require­ The 12 largest institutional investors in Norway
ments for their operations. The same analyses and have launched a collaborative project called Sustai­
criteria can also be used to exclude the poorest nable Value Creation (Bærekraftig verdiskaping).
companies in each sector. They have carried out a survey of the companies
The third commonly used method is active listed on the Oslo Børs (Oslo stock exchange) Ben­
ownership. Investors can seek to exert a positive chmark Index, the results of which were published
influence on companies that they are critical in December 2008. The aim of this initiative is to
towards by engaging them in dialogue or taking encourage Norwegian listed companies to focus
active part in the company’s general meetings. on sustainable development and long-term value
There are several examples of international pres­ creation. Altogether, the investors supporting the
sure being used in this way to influence companies project represent assets amounting to NOK 2 700
to make changes to their operations. Some people billion, NOK 1 000 billion of which is invested
maintain that it is more effective to increase invest­ directly in the Norwegian market.
ments in companies that are seen in a critical light,
in order to exert a positive influence on them
through active ownership. The Government
In addition, a number of investment managers • calls on institutions in the private financial sec­
provide specialised funds that focus on particular tor to give more weight to social responsibility
sectors, such as renewable energy and environ­ as an important element in their overall activi­
mental technology. Investing in these funds entails ties;
a higher risk than investing in broad index funds. • will encourage all parts of the financial sector
However, they provide investors who wish to invest to increase transparency with regard to invest­
in these sectors an opportunity to spread their ments.
investments in a cost-effective manner.
The extent to which companies and organisa­
tions outside the financial sector use CSR as a cri­
Box 3.13 Equator Principles
terion for investment management is unclear.
However, it is expected that these actors too will The Equator Principles are a set of voluntary
direct increasing attention to social responsibility. guidelines relating to project financing, which
A number of financial institutions have adopted are largely based on policies and guidelines
the UN Principles for Responsible Investment from the private sector investment arm of the
(UNPRI). Following an initiative by the UN World Bank, the International Finance Corpo­
Secretary General, six principles for responsible ration (IFC). Ten leading banks, with Citigroup
investment were drawn up in a process involving at the helm, adopted the Principles in 2003.
representatives of the world’s largest institutional Institutions that use the Equator Prin­
investors in cooperation with representatives of the ciples have committed themselves to only
financial sector, the authorities, civil society and financing projects that are to be implemented
research institutions during the period 2005–2006. in a socially and environmentally responsible
The principles reflect the core values of large way. By establishing these principles, the
investors, whose investment horizon is generally banks have agreed not to compete on the
long, and whose portfolios are often highly diversi­ basis of environmental and social factors.
fied. In Norway, the principles have been adopted Under the principles, the banks have com­
by DnB NOR, KLP, Nordea, Norges Bank on mitted themselves to requiring environmental
behalf of the Government Pension Fund – Global, impact assessments, public consultation, and
and Storebrand. general project management that is in accor­
CSR is also becoming increasingly important in dance with various minimum standards regar­
the banking sector. Several institutions have ding environment, human rights and working
developed their own CSR analysis tools for their conditions. As of December 2008, around 60
lending activities. These are used in connection financial institutions were employing the prin­
with risk management. The Equator Principles con­ ciples in their financing activities. In Norway,
stitute the international standard for responsible the principles have been adopted by DnB Nor
lending, see Box 3.13. Many companies also use and Nordea.
2008– 2009 Report No. 10 to the Storting 45
Corporate social responsibility in a global economy

3.6 Responsibilities and opportunities enterprises. Smaller companies tend not to have
the resources or expertise to work as systemati­
There are considerable opportunities for internati­ cally and thoroughly with CSR as larger compa­
onally oriented companies to increase their compe­ nies. Advisory services targeting smaller compa­
titive edge through socially responsible practices. nies are discussed in Chapter 9.
Upholding good values and integrating CSR into The Government believes that all companies
business management enables companies to iden­ have responsibilities that extend beyond value
tify and utilise new market opportunities. creation in purely economic terms. Through soci­
Systematic CSR work has primarily been ally responsible practices, it is possible for all com­
undertaken in large companies with extensive panies to promote social and environmental values
international involvement. Most of Norway’s pri­ while at the same time strengthening their long-
vate sector is made up of small and medium-sized term competitiveness.
46 Report No. 10 to the Storting 2008– 2009
Corporate social responsibility in a global economy

4 Norwegian corporate engagement abroad –


challenges and dilemmas

Figure 4.1

Increasing internationalisation means that Norwe­ community and the environment. This calls for dia­
gian companies are operating to a greater extent logue between the relevant stakeholders, both in
than before in countries where there is little Norway and in the host country.
respect for human rights. Working conditions are The Government believes that Norwegian
often unacceptable and child labour is used in pro­ companies should also engage in countries where
duction processes. There is discrimination in the political values and standards differ from ours, and
workplace on the basis of gender, religious belief where they will face ethical dilemmas. In such
or ethnic background. Too little account is taken of cases it is important that the individual company is
environmental impacts; corruption may be wide­ aware of the challenges and dilemmas it will
spread. Often these conditions are related to defici­ encounter.
encies in legislation, weak enforcement or a lack of Many companies have an active approach to
sanctions. these issues. They conduct systematic assess­
In many cases the individual company thus ments of challenges they may encounter in actual
faces a number of fundamental questions. Should and potential projects. Country assessments,
we, or should we not, become engaged in the coun­ impact assessments, consultations with stakehol­
try? What can reasonably be required or expected ders and dilemma training can help to prepare
of our company, and how can we meet these expec­ companies to deal with challenging situations.
tations? Which requirements are reasonable, and
which are better addressed by the authorities in
the host country or in Norway? How can we recon­ 4.1 To engage or not to engage?
cile the different expectations? How should we
operate in cases where our competitors are not The question of whether a company should ope­
applying the same strict codes of conduct? rate or become involved in a project in an area of
There are no simple answers to these ques­ conflict seldom has a straightforward answer. Nor
tions. Standards do not remain static – the values of is it apparent that a company that is already enga­
companies and societies change over time. Requi­ ged in such an area should withdraw. It is not
rements may vary from country to country, sector necessarily right for a company to refrain from ope­
to sector and company to company. In today’s soci­ rating in or to withdraw from a country because it
ety, Norwegian companies are assessed not only is undemocratic or corrupt. Neither is it clear that
on their financial results but also on the impacts, the company should remain in such a country, or in
positive or negative, of their activities on the local an area of conflict, because it may positively influ­
2008– 2009 Report No. 10 to the Storting 47
Corporate social responsibility in a global economy

activities in a country, their place is usually taken


Box 4.1 Human rights considerations by companies from other countries. These may be
companies that may take their social responsibility
StatoilHydro performs risk assessments for far less seriously than the Government expects
all countries where it conducts or intends to Norwegian companies to do.
conduct business and for all projects being The Government does not intend to politicise
developed or in operation. These include the engagement of Norwegian companies abroad
human rights assessments consisting of three by recommending their presence in particular
analytical steps: countries or regions as opposed to others, by regu­
– reviewing the context and potential human lating their presence or by exercising ownership
rights risks at the country level; rights. This would be tantamount to making a poli­
– assessing the potential human rights risks tical choice to sell a particular product in one coun­
of StatoilHydro investments and opera­ try and not another, differentiating prices accor­
tions; ding to country or linking product sales to other
– identifying and proposing mitigation acti­ Norwegian interests.
vities. It is not the task of the public authorities to
regulate an individual company’s commercial deci­
sions. It is up to the company itself to decide where
and in what way it will conduct its business.
ence the situation and the local conditions. There However, CSR must be an important factor in a
will always be a need to evaluate the situation at company’s decision to set up operations, and
hand, the conditions in the country, the type of acti­ should remain a central consideration once opera­
vity in which the company is engaged and expecta­ tions have been established.
tions for future developments.
Since there is no straightforward answer to the
question of the role a company should play, the Box 4.2 Changes in the private sector
question of whether or not it is problematic that
Norwegian companies set up operations in coun­ Over the last few decades the ability of the
tries with weak governance, widespread corrup­ Norwegian private sector to tackle complex
tion and inadequate environmental legislation and challenges in the global arena has been tested
enforcement will remain. on a number of occasions. For example, a
It is unlikely that a unilateral decision by Nor­ joint venture (Utkal Alumina) between Norsk
way that companies should not conduct business Hydro and several local and multinational
with a particular country for political reasons companies on mining bauxite and establish­
would have a significant impact on the conditions ing an aluminium refinery in Orissa, India,
in the country concerned. Refraining from engage­ received a great deal of public attention in
ment will normally neither benefit the people nor Norway and internationally. In spite of the
positively affect economic and political develop­ strategic importance of the project, Norsk
ment. Isolation often does more harm than good, Hydro decided in 2001 to withdraw from
causing suffering among the civilian population. Utkal Alumina.
Withdrawal of multinational enterprises also redu­ After Norsk Hydro entered the project in
ces access to information and knowledge of local the early 1990s, international civil society’s
social and humanitarian conditions and weakens expectations of business conduct changed
the possibility of exerting concerted international considerably, with greater attention being
political pressure. paid and increased demands being made on
One of the consequences of a unilateral decis­ private companies with respect to human
ion that Norwegian companies should not engage rights and the environment. Hydro was not
in certain countries on grounds of principle could the only company to encounter an altered
be that the Norwegian petroleum industry would view of corporate roles and responsibilities.
have to limit its international activities considera­ Partly as a result of a question about Hydro’s
bly. This would reduce the opportunities for disse­ human rights policy posed by Norwegian
minating technology and for industrial activities, Church Aid at an annual general meeting,
and consequently reduce opportunities to contri­ Hydro developed a specific CSR policy that
bute to economic development. In cases where was adopted as a steering document.
Norwegian companies do not engage in economic
48 Report No. 10 to the Storting 2008– 2009
Corporate social responsibility in a global economy

This raises the question of whether or not a


company should point out human rights violations Box 4.3 Norfund’s investment in a
or serious environmental harm caused by another furniture manufacturing business in
country’s government. In many cases the com­ Vietnam
pany’s sphere of influence does not extend this far.
The company itself will have to decide how best to The Norwegian authorities advise Norwegian
deal with issues of this nature. companies to refrain from trading with or
Companies that invest with a long-term horizon investing in Burma. However, the issue beco­
are concerned about the political stability of the mes more complex when it comes to Norwe­
host country. Stability and predictability may be gian companies’ suppliers and sub­
prevalent in two very divergent political systems: contractors.
on the one hand, well-functioning democracies, The Norwegian Investment Fund for
and on the other, undemocratic regimes that prac­ Developing Countries (Norfund) has invested
tise strong government control and show little in the South East Asia Fund, which in turn
respect for human rights and labour standards. has invested in a Vietnamese furniture manu­
Should companies adopt an active or passive atti­ facturing company. The furniture company
tude to rights violations by governments or other imports about 10 % of its raw materials (tropi­
actors? cal timber) from Burma. It seems likely both
The Norwegian Government does not expect that this export is profitable for the Burmese
companies to act as the most prominent advocates regime and that it may contribute to defore­
of human rights or environmental matters vis-à-vis station in important areas, which in turn may
the local authorities. This is primarily a role for the have negative impacts on biodiversity.
Norwegian authorities or civil society organisa­ Norfund requires its fund managers to fol­
tions. The existence of unacceptable local condi­ low clear social and environmental guidelines.
tions is a matter that should be raised by the The manager concerned therefore concluded
Government in a bilateral or multilateral context. an agreement with the furniture company
However, this does not mean that a company whereby the company undertook to phase out
should not become actively involved in such situa­ all raw materials of doubtful origin, including
tions if given the opportunity. Norwegian compa­ Burmese teak, over a five-year period, and to
nies may for instance report unacceptable condi­ use only environmentally certified timber in
tions encountered in the course of their operations its place. The Vietnamese company received
to the Norwegian authorities. This may give the considerable assistance from the World Wide
Norwegian Government a better basis for raising Fund for Nature (WWF) in these efforts. Nor-
such matters with the host country government. fund receives annual reports from its fund
An example of this process of deliberation was managers regarding compliance with the
in relation to a decision made by Statoil in 2004. In social and environmental contractual require­
a letter to Statoil, the Norwegian branch of ments.
Amnesty International expressed its grave con­
cern over the human rights situation in Iran and
asked the company to raise the matter with the Ira­
nian authorities. Statoil responded that it conside­ because the humanitarian or human rights situa­
red itself responsible for respecting human rights tion is especially serious.
within its own sphere of influence, but that it had In these matters the Government follows the
no legitimate position from which to raise human line taken by the UN and engages in broad interna­
rights issues with another country’s government. tional cooperation. Norway has long held the view
The company pointed out that this was the task of that the decision to impose sanctions should have
national governments or international organisa­ broad support, and preferably be adopted by the
tions. UN Security Council. Examples of this are the
Although the Norwegian Government gene­ sanctions that were imposed on the trade in rough
rally views economic activity as desirable because diamonds from Sierra Leone and Liberia, and the
of the possibility of making a positive contribution, current sanctions on the Côte d’Ivoire rough dia­
particular situations will arise from time to time mond trade. The Government does not consider it
where Norwegian companies should refrain from desirable to develop an exclusively Norwegian sys­
conducting business in a particular country or tem that involves Norwegian companies refraining
area, for example due to conflict in the area or from trade with or investment in problematic areas
2008– 2009 Report No. 10 to the Storting 49
Corporate social responsibility in a global economy

or countries. At present there are only two excep­


tions to this rule: Norwegian companies are advi­ Box 4.4 The Kimberley Process
sed not to engage in commercial activities in Wes­
tern Sahara due to its status as a disputed territory, The purpose of the Kimberley Process is to
or in Burma due to the political situation. prevent illicit trade in a valuable, easily
extractable and readily marketable commo­
dity that is used to finance civil wars and that
The Government is itself a source of conflict. More than 70 sta­
• expects a company to consider carefully all fac­ tes are participating in the development of an
tors relevant to social responsibility before international certification scheme. Under the
deciding to conduct business in or with other scheme, every shipment of rough diamonds
countries; to or from the territory of a participating state
• considers itself responsible for providing infor­ must be accompanied by a government-vali­
mation to Norwegian companies on relevant dated Kimberley Process Certificate, and par­
humanitarian, environmental and human ticipating states must prohibit trade in rough
rights issues that apply to business activities, diamonds with countries that are not partici­
but considers that the companies themselves pating in the Kimberley Process. A peer-
are responsible for determining whether or review mechanism has been established that
not to become involved in the countries or pro­ also includes civil society organisations and
jects concerned; the private sector. Under the mechanism,
• encourages Norwegian companies to inform review visits and missions are undertaken,
the Norwegian authorities of serious human and Norway was visited by a review mission
rights violations and other unacceptable condi­ in 2007. Norway has almost no trade in rough
tions they become aware of in connection with diamonds, but supports the process politi­
their activities; cally, and implemented the scheme in Norwe­
• will, in addition to implementing resolutions on gian law in the Kimberley Regulations of
sanctions adopted by the UN Security Council, February 2004.
consider imposing sanctions that have broad Since the establishment of the Kimberley
international support, and expects Norwegian Process in 2000, trade in conflict diamonds
companies to follow the Government’s line in has been reduced from 4 % to less than 0.75 %
such cases. of the international diamond trade.

4.2 Conducting business in conflict-


affected areas
The presence of companies in zones of conflict, Illicit trade in natural resources from conflict
where there are hostilities, or where there is a zones is a major global problem. Under internatio­
threat of war or civil war raises particular questions nal law, natural resource management in conflict-
and requires vigilance on the part of the companies affected areas must be practised in accordance
regarding responsibilities and non-financial risks. with the interests of the local community. Beyond
Conflicts undermine the effectiveness of these requirements it is difficult for the internatio­
government control, and commercial actors may nal community to reach consensus regarding what
take advantage of this. Guerrillas, arms smugglers, action to take when national governments are
drug cartels, human traffickers, terrorist networks directly involved in conflicts, and it has also proved
and others involved in organised crime may use difficult to reach agreement on a definition of «con­
conflict and war to enrich themselves. The sub­ flict goods». However, one or more of the following
stantial profits derived from the exploitation of features are generally emphasised:
natural resources such as petroleum, diamonds, – The income from trade in these goods is used
minerals and tropical timber can be used to pro­ to finance conflict or is linked to armed conflict;
mote development and a more equitable distribu­ – Military/rebel groups are involved in the
tion of wealth, but they can also be used to finance extraction process;
crime and protracted conflicts. – Some or all of the transactions relating to the
goods concerned are illegal.
50 Report No. 10 to the Storting 2008– 2009
Corporate social responsibility in a global economy

The UN is addressing these problems to an increa­ of principles known as the Voluntary Principles on
sing extent in relation to peace operations and Security and Human Rights was drawn up as a
sanctions regimes. A resolution (55/56), adopted result of a continuing dialogue between govern­
by the UN General Assembly in 2000, led to inter­ ments, companies in the extractive and energy sec­
national cooperation on reducing the flow of con­ tors and civil society. The initiative was taken by
flict diamonds through a certification scheme the UK and the US in 2000, and Norway became a
known as the Kimberley Process (see Box 4.4). participant in 2002. Norsk Hydro and StatoilHydro
Apart from the aforementioned sanctions, are also participants.
there are few rules in this field that are binding The Voluntary Principles serve as a guide for
under international law. This has resulted in a companies in the extractive and energy sectors
governance gap or deficit that is spawning new who face a dilemma between the legitimate need
partnerships between actors that normally play for security services and respect for the human
very different roles. Industry, government and rights of the local population. According to the
civil society have come together to solve specific principles, companies are to conduct a thorough
problems and challenges by means of schemes assessment of the risks in their operating environ­
based on voluntary participation and cooperation. ment, both normal security risks and risks posed
These partnerships are in part based on the recog­ by conflict in the area. They should consider the
nition that there are limits to what can be achieved potential for violence in the region, the human
by regulation and legislation. rights practices of public security forces, the cau­
ses of local conflicts and the responses of the aut­
horities to allegations of human rights abuses.
4.2.1 Guidelines in zones of conflict According to the Voluntary Principles, in rela­
Although many companies wish to conduct busi­ tions with public and private security providers,
ness in a responsible manner, there are no binding companies should:
international rules that define what is expected of – hold consultations and communicate their
them. How can companies engage responsibly in human rights policies, use their influence to
zones of conflict?
A company’s area of operations may significan­
tly influence the degree to which it should exercise Box 4.5 Corporate Actors in Zones of
vigilance. Is the production or trade with a particu­ Conflict: Responsible Engagement
lar actor/organisation in the area in any way linked In cooperation with the International Peace
with or supporting an emerging or existing con­ Research Institute, Oslo (PRIO), the Confede­
flict? Vigilance is especially important if the client ration of Norwegian Enterprises (NHO) has
is involved in the military or with the defence published a brochure entitled Corporate Actors
industry, or if there is any uncertainty about who in Zones of Conflict: Responsible Engagement.
the client actually is or how the product will be In the brochure, «responsible engage­
used. The main consideration here is to avoid in ment» is defined as engagement that includes
any way increasing military capability in the coun­ an assessment of indirect responsibility and
try. This applies not only to defence materiel and complicity on the part of the company. The
military products but also to a large range of brochure states:
civilian goods. In such cases the company could be
suspected of complicity and at worst held legally It should be stressed that CSR does not
responsible. Norwegian companies are required to involve politicizing companies. However,
follow specific regulations regarding the export of it is desirable that companies take respon­
defence materiel and other products that can be sibility for the effects of their activities,
that is, for effects that would not have
used for civilian and military purposes. A separate
come about had it not been for the pre­
licence is required for every shipment and may sence of the company. For this purpose,
only be obtained after careful assessment by the we need a conceptual framework that is
authorities.1 sufficiently general to avoid arbitrariness
Companies operating in conflict zones have in our judgements, and yet that is suffici­
been criticised a number of times because of abu­ ently flexible to take into account the par­
ses perpetrated by private security personnel. A set ticularities that make each context unique,
varying from area to area and, not least,
1 over time.
A white paper on current legislation and practice with regard
to defence materiel is submitted annually to the Storting.
2008– 2009 Report No. 10 to the Storting 51
Corporate social responsibility in a global economy

The OECD Risk Awareness Tool for Multinatio-


Box 4.6 Exercising vigilance in conflict nal Enterprises in Weak Governance Zones shows
zones how the OECD Guidelines for Multinational Enter-
prises can be applied in such areas by addressing
In May 2008 the Fafo Institute for Applied risks and ethical dilemmas that companies may
International Studies and International Alert encounter. Another such tool is the OECD Guideli-
launched an initiative to guide companies nes on Helping Prevent Violent Conflict, which indi­
working in conflict zones by providing infor­ cate how companies can play an important role in
mation on the legal risks and possibility of conflict zones, and show how it could be in the inte­
facing litigation. The Red Flags inform com­ rest of companies to support measures that pre­
panies of activities that should raise a ‘red vent, mitigate or avoid aggravating conflicts.
flag’, warning them of possible legal risks and
the need for urgent action. Nine Red Flag acti­
vities have been identified. The Government
A company may face liability if it is linked • calls on Norwegian companies to exercise
with: great vigilance in areas of conflict, and expects
1. Expelling people from their communities. companies to thoroughly assess the situation
2. Forcing people to work. and avoid contributing to an escalation of the
3. Handling questionable assets. conflict;
4. Making illicit payments. • recommends that Norwegian companies
5. Engaging abusive security forces. should consider adopting the Voluntary Prin­
6. Trading goods in violation of international ciples on Security and Human Rights where
sanctions. appropriate;
7. Providing the means to kill. • will make guidelines on economic engagement
8. Allowing use of company assets for abu­ in weak governance zones and conflict-affec­
ses. ted areas available to Norwegian companies.
9. Financing international crimes.

4.3 Natural resource-based enterprises


A number of issues, considerations and activities
promote principles regarding how and when related to responsible conduct apply to all compa­
force may be used, and respect the right of indi­ nies that operate internationally, regardless of sec­
viduals to exercise freedom of association; tor. However, natural resource-based companies
– demand that private security providers do not more frequently have to deal more directly with
use individuals who have been implicated in issues relating to local releases of pollutants or
human rights abuses; human rights than for instance companies in the
– support efforts to provide human rights trai­ financial sector or trade in goods.
ning and promote UN principles on the use of Natural resource-based industries are to be
force and law enforcement; found in sectors such as oil and gas, hydropower
– report allegations of human rights abuses to and other renewable energy sectors, fishing and
the appropriate authorities and monitor the aquaculture, agriculture, forestry and mining. The
status of investigations; effective utilisation of natural resources is essential
– actively monitor the use of equipment provi­ in all these sectors to secure a profit, and for many
ded by the company. of them sound management of biological resour­
ces is an essential basis for long-term operations.
The Voluntary Principles also serve as a guide to
companies outside the petroleum and extractive
industries and are applicable outside conflict 4.3.1 Local communities and the rights of
zones. Participants are expected to submit annual indigenous peoples
reports on their efforts to implement the Prin­ Natural resource-based enterprises also have to
ciples. There is also a mechanism whereby a parti­ deal with particular challenges with regard to local
cipant can raise concerns regarding an alleged communities. Their activities may affect large
lack of effort on the part of another participant to areas of land and may involve moving people or
implement the Principles.
52 Report No. 10 to the Storting 2008– 2009
Corporate social responsibility in a global economy

other interventions in the way of life or rights of the rights to land-use and management. This will also
local population. help to ensure that indigenous communities and
Given indigenous peoples’ dependence on the women have the opportunity to participate and
natural environment and resources, environmental assert their rights.
considerations and respect for the rights of the
indigenous population must weigh heavily in areas
where indigenous peoples live. There have been a 4.3.2 Transparency in the extractive
number of instances where Norwegian business industries – EITI
interests have come into conflict with the use of the Many developing countries are rich in mineral and
environment by indigenous groups. It is therefore petroleum resources. Utilising these resources in a
vital to consult and involve indigenous and local way that benefits the population is a challenging
communities when planning activities that may task for a country. The quality of institutions and
affect their interests. legislation in these countries varies. This calls for
Large population groups depend on forests and particularly strict requirements for companies par­
forest products for their livelihoods. Timber is also ticipating in the extraction of natural resources.
a financially profitable commodity in international Oil and gas extraction yields high revenues.
trade, and there are usually no technical barriers to Since financial flows from the extractive industries
trade in this sector. Norwegian companies that to government authorities are often not disclosed
manage or exploit forests in other countries have a to the public, countries rich in natural resources
special responsibility to see that their activities are are particularly vulnerable to corruption. This
in accordance with international law, that they are means that the revenues from these resources are
based on ethical standards, and that considerations not used to promote sustainable economic and
regarding long-term resource management are social development. In many cases this leads to
taken into account destabilisation and provides a basis for social
Clarifying the rights of the local population and unrest and conflict, a phenomenon that is known as
establishing a system for leasing or other forms of the natural resource curse. Revenues that are not
access to forests or other land-based natural subject to democratic control may be used to
resources provides local communities with the finance armed conflict, which in turn is an obstacle
opportunity to assert their property rights and to development. This shows how important it is for
countries with natural resources to develop sound
and effective frameworks to ensure that the resour­
ces benefit the country and its inhabitants. It also
shows how important it is that companies are
aware of these potential problems and exercise
vigilance.
Over the last few years a number of organisa­
tions have urged petroleum companies to widen
their sphere of responsibility to include national
challenges related to the development of the petro­
leum sector. Studies have shown that countries
rich in petroleum resources tend to lag behind
other developing countries on social and humanita­
rian issues. This is mainly due to corruption and
weak institutional development, lack of transpa­
rency in government budget processes and natio­
nal accounts, the use of petroleum revenues for
military rather than social purposes and repeated
violations of human rights. Some civil society orga­
nisations have gone so far as to accuse the petro­
leum companies themselves of contributing to this
unacceptable situation because it is being maintai­
ned by the revenues from taxation of companies’
Figure 4.2 Oil pipelines running through a activities.
Nigerian village. It is not always easy for a company to deal with
Photo: George Osodi/Panos Pictures/Felix Features. such challenges on its own. Confidentiality concer­
2008– 2009 Report No. 10 to the Storting 53
Corporate social responsibility in a global economy

ning the flow of money is often part of the con­ 2007. Norway is the only Western country that has
tractual agreement with the authorities in the host declared that it will fulfil the EITI criteria. This will
country, and companies that have led the way in help to eliminate any suspicion that the Western
publicly disclosing payment figures have been met countries have a hidden agenda in their insistence
with threats of sanctions. In such cases coopera­ on transparency in the financial flows from the stra­
tion and coordinated action between companies, tegically important extractive industries. Norway
the authorities and civil society can often help to also plays a central role in the Multi-Donor Trust
resolve the situation. Fund for the Extractive Industries Transparency
The Extractive Industries Transparency Initia- Initiative managed by the World Bank, which sup­
tive (EITI) is an international initiative that seeks ports countries’ efforts to implement the EITI.
to improve transparency and accountability con­ Norway already practises transparency concer­
cerning the flows of money in the extractive indus­ ning the payments from petroleum companies to
tries. The goals are that transparency concerning the government authorities. EITI compliance
revenues from natural resources should become a means that companies must report payments to an
global norm and that a greater proportion of the independent EITI administrator, and that the
income from these resources should be used to government authorities must report receipt of pay­
promote social and economic development. ments to the same body. A multi-stakeholder com­
Governments, companies, civil society groups, mittee must also be appointed to monitor the
investors and organisations participate in the EITI. implementation of the EITI criteria. The first
It has resulted in a set of standards for companies meeting of the committee was held in October
to report what they pay and for governments to dis­ 2008, where a proposal for how to implement the
close what they receive from the extractive criteria and draft regulations governing implemen­
industry. This promotes public accountability con­ tation in Norway were presented. A public consul­
cerning government revenues and expenditure tation will be held on the regulations once the com­
and informed public debate on the equitable and mittee has evaluated these proposals.
sustainable utilisation of the country’s natural The Government’s aim is for the entire valida­
resources. In September 2008 the UN General tion process to be completed in the course of 2009.
Assembly adopted a resolution on strengthening The Storting will be kept informed of the progress
transparency in industries, providing strong sup­ of the work. Norway’s efforts to implement the
port for the EITI. The resolution notes the efforts EITI criteria have been favourably received by the
of countries that are participating in initiatives to international community.
improve transparency and accountability in indus­ Other forms of cooperation or partnership bet­
tries, and encourages them to share their experi­ ween petroleum companies and multilateral orga­
ence with interested Member States. Norway was nisations such as the World Bank and the regional
a driving force in developing the resolution. development banks have also been established.
National ownership is vital for implementing The aim is to address what are known as collective
the initiative. As of October 2008, 23 developing action problems that may arise in oil provinces
countries are in the process of fulfilling EITI trans­ where a company may decide to give less priority
parency criteria, and a further 20 countries are con­ to social issues out of fear of losing out in the com­
sidering implementing the initiative. This brings petition for government licences.
the number up to over half of the world’s natural The government considers that partnership
resource-rich countries, defined as countries in between the authorities, the private sector and civil
which the extraction of natural resources accounts society is a sound way of addressing challenges
for more than 25 % of GDP. Hydro and StatoilHydro relating to natural resource-based industries. Such
have supported implementation of the initiative partnerships may also prove useful in streng­
since 2003. StatoilHydro’s payments to the govern­ thening transparency and accountability in other
ments of most of the countries in which the com­ sectors.
pany is engaged in extractive activities are publis­
hed in its annual report. The EITI has the political
support of the G8 countries and is financed by con­ The Government
tributions from a number of countries including • expects Norwegian companies involved in the
the UK, the US, Germany, Canada, Italy and Nor­ extraction of natural resources to continue
way. their work on best practices for taking social
The Government actively supports the EITI, and environmental considerations into account
and has hosted the secretariat since the autumn of as their guide and goal;
54 Report No. 10 to the Storting 2008– 2009
Corporate social responsibility in a global economy

• expects Norwegian companies involved in the safeguard the values represented by such areas. In
extraction of natural resources to respect the cooperation with the International Union for Con­
rights of indigenous communities; servation of Nature (IUCN) and the private sector,
• will implement the EITI criteria, seek to including StatoilHydro, UNEP’s World Conserva­
ensure that more countries join the initiative tion Monitoring Centre has developed a web-based
and help these countries to implement it information system for the world’s protected areas.
successfully; This means that lack of knowledge no longer pre­
• will promote the development of transparency vents companies from taking account of protected
initiatives in other sectors; areas when planning to establish activities in new
• considers that partnerships between the aut­ areas. Companies should seek to avoid having
horities, the private sector and civil society are direct or indirect negative impacts in protected
useful in addressing challenges related to natu­ areas and should therefore always take these
ral resource-based industries; and issues into account when engaging in new areas.
• calls on Norwegian companies to participate in Particular caution is required when planning
relevant partnership initiatives that aim to add­ commercial activities in vulnerable habitats such
ress sector-specific challenges. as wetlands, mires, rivers and lakes and marine
areas, since ecosystem integrity may otherwise be
disturbed. Moreover, the areas may contain very
4.4 Business engagement in important or rare species. Commercial activities in
vulnerable natural environments such areas may directly or indirectly put further
pressure on the environment due to more inten­
Value creation in many sectors, for example fish­ sive use of land and living resources, the develop­
ing, aquaculture and tourism, depends on the use ment of physical infrastructure or increased indus­
of natural resources. Natural resource-based com­ trial activity and transport.
mercial activities are also important for economic
development in developing countries and for crea­
ting jobs at the local level. However, if commercial Biodiversity
activities are to be viable over time these industries In Global Biodiversity Outlook 2, the UN conclu­
are dependent on sound natural resource manage­ ded that the pressures on biodiversity are increas­
ment. Sustainable use of natural resources is there­ ing so rapidly that they threaten the very basis for
fore also a precondition for future growth and pro­ sustainable development. The IUCN Red List pro­
sperity, especially in developing countries. vides an overview of threatened species. Compa­
The conservation and protection of the natural nies that operate in vulnerable natural environ­
environment should ideally be ensured by interna­ ments should take account of possible negative
tional agreements and laid down in national legisla­ impacts on biodiversity on the basis of the Red List.
tion. However, although international agreements Activities in the petroleum and mining sectors
and legislation exist and are being enforced, in often involve major disturbance of the natural envi­
several environmental areas they often impose ronment and particular caution must be exercised
only minimum requirements. Although there is no in the planning stages.
international agreement on ambitious environmen­ The development of hydropower may also have
tal goals or global requirements for rain forest major impacts. Changes in water flow affect living
management or releases of hazardous substances, organisms and species diversity in rivers and
Norwegian companies should take account of lakes, and the diversion of water to hydropower
necessary environmental considerations in their production may also compete with other uses of
activities and should require their subcontractors the water, for example for irrigation and drinking.
to do the same. In the absence of binding internati­ This may also have an impact on tourism and other
onal commitments, the willingness of the private industries.
sector to voluntarily assume responsibility is The tourist industry is one of the world’s lar­
essential for addressing these problems. gest industries. Tourism in vulnerable natural envi­
There are more than 114 000 protected areas in ronments may cause wear and tear on the land and
the world, and they cover approximately 13 % of the disturb animal life. On the other hand, close coope­
earth’s land surface. These areas have been given ration between tourism and conservation interests
protected status in order to protect and maintain may provide a secure income base that benefits
biological diversity and the natural environment. both parties.
Knowledge of the individual area is required to
2008– 2009 Report No. 10 to the Storting 55
Corporate social responsibility in a global economy

The United Nations Environmental Pro­ ment, especially vulnerable habitats. However, in a
gramme (UNEP) cooperates with the tourist number of countries, especially countries with
industry, NGOs and interested countries on pro­ weak governance, the authorities do not require
moting sustainable tourism, based on improving this, which means that in practice it is often up to
coastal zone planning, reducing impact on the cli­ the company itself to perform such assessments.
mate and channelling funds to the protection of There are a number of tools that companies can
areas of natural environment. By supporting these use in such cases. The most widely used of these
efforts, Norwegian tourism operators can help to are environmental impact assessments and strate­
ensure that the development and operation of tou­ gic environmental assessments. There are also
rism activities contribute positively to development tools for specific sectors on particular environmen­
in the host country. tal issues. An example of this is the Natural Value
In many cases it is impossible to prevent com­ Initiative, an international partnership between
mercial activity from harming the natural environ­ financial institutions, NGOs and business schools
ment. Mechanisms, known as biodiversity offsets, promoted by the UNEP Finance Initiative. The aim
have been developed to compensate for such nega­ is to assist the financial sector by developing a set
tive impacts and reduce the total harm. This means of tools for assessing biodiversity and ecosystem
that by ensuring sound, long-term management in services investment risks and opportunities.
other relevant areas, loss of biodiversity can be
mitigated in a wider perspective. A growing num­
ber of companies are realising that biodiversity off­ Use of genetic resources by the private sector
sets can help to reduce their ecological footprint In 2002 the Conference of the Parties to the UN
and that employing such mechanisms improves Convention of Biological Diversity (CBD) adopted
cooperation with the authorities and other stake­ the Bonn Guidelines on Access to Genetic Resour­
holders. The Business and Biodiversity Offsets ces and Fair and Equitable Sharing of the Benefits
Programme is a broad-based partnership for explo­ Arising out of Their Utilization. Use of the guideli­
ring biodiversity offsets and testing them in the nes is voluntary, but they may be used as a basis for
form of practical pilot projects. national legislation and agreements between coun­
Ideally, national authorities should require tries and companies.
environmental impact assessments in the case of The aim of the guidelines is to assist users and
major projects that will affect the natural environ- suppliers in matters relating to access to genetic
resources and benefit-sharing. They contain a
recommended procedure by which applicants for
access to genetic resources can obtain prior infor­
med consent from the host country. It is a require­
ment that indigenous and local communities are
involved in the decision-making process when indi­
genous knowledge of natural resources is needed.
Source countries will be able to make use of the
CBD and the Bonn Guidelines to impose more
stringent requirements on foreign companies that
wish to engage in bioprospecting, i.e. searching for
valuable biochemical and genetic resources from
living organisms.
The guidelines serve as a framework for the
practical implementation of the provisions of the
CBD concerning benefit-sharing with regard to the
results of research and development and the utili­
sation of genetic resources. This is to be based on
terms and conditions negotiated in each case.
More equitable sharing of benefits from the pro­
ducts derived from processing genetic resources
will serve as an incentive to developing countries
Figure 4.3 Tropical rainforests are being cleared to conserve biodiversity.
to make way for plantations in Indonesia. An international regime on access and benefit-
Photo: Paul Lowe/Panos Pictures/Felix Features. sharing under the CBD is being negotiated, which
56 Report No. 10 to the Storting 2008– 2009
Corporate social responsibility in a global economy

will build further on the Bonn guidelines. The nies, employers’ and employees’ organisations,
negotiations are scheduled to be completed in embassies and NGOs.
2010. A systematic approach is important when diffi­
cult choices have to be made. Risk and impact
assessments can reduce uncertainty and provide
The Government the company with a better basis for decision-
• expects companies to conduct the necessary making. Dilemma training will also raise aware­
risk and impact assessments when establishing ness among company employees and prepare
activities in vulnerable habitats and ecosys­ them for dealing with specific situations. However,
tems; a company will never be able to obtain a complete
• expects Norwegian companies to take threate­ overview of all the possible consequences of its
ned species and protected areas fully into acco­ activities. It is therefore essential that the company
unt in their operations, for example using the and its employees have a sound value base for their
IUCN Red List of Threatened Species and assessments and actions.
overviews of protected areas. Although the individual company itself has to
make the final decision about its activities, pro­
blems can also be addressed in cooperation with
4.5 The need for vigilance other actors. Social problems such as corruption
are often so widespread that they require joint
Companies engaged in commercial activities in efforts by a number of different actors. Voluntary
countries with weak governance, poor legislation, principles and partnership initiatives such as the
widespread corruption or absence of the rule of EITI are examples of how companies, civil society
law face special challenges and dilemmas. As there and the authorities can cooperate on addressing
are no absolute answers to how they should add­ the challenges specific to various sectors.
ress these issues, companies must gain thorough Although the challenges are complex, trade
knowledge of national and local conditions. Impor­ with and investment in developing countries are
tant sources of such information are other compa­ vital for economic and social development in these
countries and in local communities.
2008– 2009 Report No. 10 to the Storting 57
Corporate social responsibility in a global economy

5 Corporate social responsibility in a development perspective

Figure 5.1

Aid alone does not create lasting development. titive private sector. The OECD also points out that
Economic growth is a prerequisite for this. An all these effects boost economic growth, which is
active and dynamic private sector is the foundation the most important tool for combating poverty.
for the value creation we need to combat poverty UNCTAD has carried out a study of the participa­
and achieve the UN Millennium Development tion of transnational corporations in the develop­
Goals (MDGs). Private-sector development crea­ ment of the extractive industry (oil, gas and mine­
tes jobs and helps to fund infrastructure and social rals). The study examines the conditions that must
services. Aid is and will remain important, particu­ be met if direct investment is to contribute to
larly in the poorest countries. But without econo­ development. It shows that low-income countries
mic activity and value creation in the individual at a low level of development in terms of compe­
countries, it will be impossible to realise the tence and production capability can benefit most
MDGs. from the capital, knowledge, technology and skills
In the Government’s view, economic involve­ that transnational corporations can provide.1
ment in developing countries is positive, not only In recent decades, we have seen a strong
as an instrument for value creation and economic increase in private capital flows to developing coun­
growth but also because it can promote political tries. These capital flows are unevenly distributed,
and social development. Moreover, Norwegian however. They have contributed to economic
companies can help to reinforce universal norms growth in many countries, while others have
and values as expressed in the efforts of the United become marginalised. Today, Africa receives just
Nations and the OECD. This presupposes that the 3 % of global foreign direct investment – and most
companies operate in accordance with these of this is channelled to the petroleum sector. The
norms and their own ethical values regardless of least developed countries receive 2 % (2005).
where in the world they are located. Norwegian investments account for a very
small fraction of total foreign investments in
developing countries. Most of the Norwegian
5.1 Investments in developing investments are in oil, gas, shipping and the envi­
countries ronment – areas in which Norway has substantial
expertise and a sound corporate base. It is impor­
Direct investment is one of the most important tant to build on areas in which Norwegian compa­
means of promoting development in poor coun­ nies have expertise, as well as involving other com­
tries. A large-scale survey by the OECD shows that panies. Almost 60 % of Norwegian foreign direct
direct investment plays a role in technology trans­ investment is in Europe. Approximately 25 % is in
fer, knowledge and competence building, trade
integration and the development of a more compe­ 1
UNCTAD World Investment Report 2007.
58 Report No. 10 to the Storting 2008– 2009
Corporate social responsibility in a global economy

ted cooperation between public and private inte­


rests relating to investments in developing
countries. The Norwegian Agency for Develop­
ment Cooperation (Norad) and the Norwegian
Guarantee Institute for Export Credits (GIEK) also
administer support schemes designed to stimulate
investment in developing countries and promote
cooperation between the private sector and the aut­
horities, cf. Chapter 9.

Box 5.1 Power plant development


Along with other Norwegian investors, Stat-
kraft Norfund Power Invest (SN Power) holds
Figure 5.2 Norwegian foreign direct investment a majority of the shares in the Khimti hydro­
(2006). electric power plant in Nepal. Working with
Source: Statistics Norway. Norwegian aid authorities, the Norwegian
actors have targeted development of the area
Asia, Africa and Latin America. The involvement of around the power plant. In all, 4 300 house­
Norwegian companies is limited in the poorest holds now have access to electricity from a
countries and is concentrated in a handful of coun­ small power plant run by a local cooperative.
tries. The water supply and other infrastructure
The Norwegian authorities encourage greater have been improved and measures have been
Norwegian investment in poor countries, including implemented to encourage the establishment
the least developed countries (LDCs), in order to of small businesses. The company’s school
contribute to economic growth. There is a particu­ and health clinic are used by the local popula­
lar need for substantial individual investments to tion as well as by company employees. Nor­
boost businesses at the local level, providing ear­ wegian investors’ participation in the project
ned income, foreign exchange income and tax has made it possible to reach an area of the
revenues. country where the conflict with the Maoists is
In view of the limited scope of Norwegian com­ an obstacle to official involvement.
panies’ investments and involvement in developing SN Power’s involvement in the Allain
countries, it may seem paradoxical to have high Duhangan hydroelectric power project in
expectations in terms of social responsibility. The India is an example of the conflicts of interest
low level of investments by the Norwegian private that can arise between business development
sector in the poorest countries may be due in part and standards for health, safety and the envi­
to the high risks associated with such investments. ronment (HSE). The project is being imple­
Companies may also feel that these high expecta­ mented by a joint venture company in which
tions as regards CSR increase the risk of their SN Power has a holding. It is clear that, as a
failing to live up to their own values and ethical gui­ minority shareholder, SN Power has had
delines, and of reputation loss. Companies may insufficient influence to persuade the local
avoid entering these markets because they feel project management to implement con­
that they may be unable to live up to their own tractual HSE standards and prevent further
expectations and those of other Norwegian stake­ fatalities at the plants. The 12 fatalities there
holders. highlight the issue of necessary precondi­
The Norwegian Investment Fund for Develo­ tions for the Norwegian private sector to be
ping Countries (Norfund) is an important tool for able to contribute in developing countries.
establishing viable and profitable activities in poor One of the lessons learned is that there must
countries. Norfund collaborates with private sector be agreement on improving standards before
actors to provide risk investment capital and know­ start-up – and that this must be understood by
ledge. In this respect Norfund represents govern­ all parties.
ment interests in several areas of business-orien­
2008– 2009 Report No. 10 to the Storting 59
Corporate social responsibility in a global economy

5.2 What can companies do?


Box 5.3 Nidar Bergene and the World
Developing countries are interested in develop­ Cocoa Foundation
ment assistance in the form of cooperation with
businesses in other countries, as well as access to Illiteracy and poor infrastructure are features
technology, capital and markets. In order to be of West Africa’s two million cocoa farms,
financially sustainable, a company must generate a making it impossible to solve poverty or child-
profit that will give returns on invested capital and labour problems overnight. It is possible,
lead to reinvestment and greater economic activity. however, to improve the living conditions of
Even where direct investments have major and the cocoa farmers.
positive effects, they may pose challenges. There Along with the ILO and several NGOs,
are many examples of multinational companies Nidar is involved in the efforts of the industry
ignoring the development perspective when inves­ organisation, the World Cocoa Foundation
ting in developing countries. (WCF), to improve social conditions on the
Through their presence and contribution to cocoa farms of West Africa. The work inclu­
local value creation, Norwegian companies can des plant research, training, cultivation con­
contribute to economic development that will trol and influencing the authorities.
reduce poverty and aid dependency. They can pass At the «Farmers’ Field Schools», 24 000
on Norwegian experience related to working envi­ cocoa farmers have received training in how
ronment standards, employee participation and to increase their yields and achieve better pri­
similar matters. They can create good workplaces ces. They have also been made aware of their
characterised by gender equality and the integra­ responsibility for ensuring that their children
tion of different ethnic groups. There will undenia­ receive schooling and grow up in a secure
bly be major challenges involved in introducing environment. A total of 200 000 people have
standards and procedures for health, safety and participated in other training projects. The
the environment and other measures. However, farmers who have received training have
with enduring efforts and follow-up by the inves­ increased their income by between 15 and
ting company, there are good chances of success. 55 %.
The private sector can often help to find crea­
tive and innovative solutions. By developing new
ways of running businesses, the private sector can
promote development. This may, for example, be in turn can promote the development of local busi­
through improved access to goods and services for ness and help to protect the environment.
the local community and population groups, which By making as much use as possible of local
labour and local suppliers, international busines­
ses can help to raise competence and create econ­
omic opportunities, thereby directly reducing
Box 5.2 Norfund and measures to combat poverty. Close collaboration with relevant institu­
HIV/AIDS tions in the local community can also help to
strengthen the institutions and create better fram­
Experience shows that it pays for companies ework conditions for local companies. Businesses
to devote resources to offering training, should listen to and incorporate the views of local
voluntary testing and treatment support for stakeholders at an early stage, particularly those of
HIV/AIDS victims. Without such efforts, vulnerable groups.
companies will lose valuable employees. Local content requirements can, however, pre­
With the support of Norfund, the fund sent challenges. Companies may experience grea­
management company Aureos plans to intro­ ter expectations and pressure to meet local needs
duce a programme aimed, among other which, in other contexts, would have been a public
things, at educating and treating employees in responsibility. They may, for example, be expected
15 of the companies in its portfolio with to develop the necessary infrastructure for the
respect to HIV/AIDS. The programme will company’s activities, which will also benefit the
involve approximately 8 000 employees in local community. It may be a question of building
East Africa and will later be extended to roads, supplying water or providing health servi­
include malaria and tuberculosis. ces. It may even involve developing infrastructure
that is necessary from the national point of view
60 Report No. 10 to the Storting 2008– 2009
Corporate social responsibility in a global economy

But there are many examples where support for


measures in the local community that are not con­
nected to the company’s core business may prove
important to the development of the local commu­
nity while also giving the company local legitimacy.
Developing countries are important actors in
resolving climate-related problems, and the private
sector has an important role to play in this respect.
Developing countries both need and have a legiti­
mate right to better access to energy. Norwegian
companies can contribute to more environmentally
friendly energy solutions through innovation and
technology transfer.
Clean energy is an area where there is a good
potential for greater involvement by Norwegian
Figure 5.3 Local communities formulate their companies. SN Power Invest and Statkraft already
own resolutions to prevent child labour in Côte have substantial investments in developing coun­
d’Ivoire. tries, and Trønder Energi is in the process of build­
Photo: Winrock International. ing its first power plant in Uganda. Several regional
energy companies are considering the possibility
of setting up in developing countries, and work is
and for the company’s activity, but which is con­ ongoing to strengthen SN Power’s involvement in
trary to the interests of the local community. Africa. The participation of more Norwegian actors
Companies have various types of expertise and would enable Norway to contribute capital to
technology that can be useful in specific develop­ invest in cleaner energy.
ment measures. An example of this is the health The Government’s action plan for clean energy
industry, which plays an important role in the in development efforts (2007)3 points to opportuni­
development of new drugs and equipment for the ties with respect to energy efficiency, solar energy,
prevention and treatment of diseases such as mala­ hydroelectric power, wind power, geothermal
ria, HIV/AIDS and tuberculosis. A well-functioning energy and other renewable energy forms. Coope­
transport sector is essential for the effective distri­ ration with Norwegian companies can contribute
bution of goods both to the population and to busi­ to the transfer of technology, experience and
nesses. Expertise in the area of pumping techno­ expertise relating to planning, construction and
logy can be applied to the water supply. Companies operations.
can make valuable contributions based on their
expertise, often in cooperation with development
actors and local authorities.2 5.3 Partnerships for development
According to Norwegian policy, when exploi­
ting natural resources «owned» by the local com­ Partnerships between authorities, civil society and
munity, such as hydroelectric power, developers the private sector can boost the positive develop­
should contribute in a manner that ensures an ment impact of international business activities in
additional development impact for the local com­ developing countries. Several multilateral institu­
munity. The Khimti power plant in Nepal is an tions are working to support the development of
example of a development project that has had international business activity with a view to pro­
positive consequences for the local community, cf. moting development and combating poverty. One
Box 5.1. example of this is UNDP, which works with private
Companies can contribute to development companies to identify market opportunities and
through various measures closely related to their business models for the private sector in develo­
core business. Measures related to the company’s ping countries.
strategy are more likely to endure in the long term. Firm support from the local authorities is a pre­
requisite for good and enduring partnerships. It is
2
Kolstad, Wiig, Larsen (2008), Hvordan gjøre gode ting also important that the private sector parties invol­
bedre? Norske bedrifters CSR-aktiviteter i utviklingsland
(How to do good things better. Norwegian companies’ CSR
3
efforts in developing countries, only available in Norwegian). Initiativ for ren energi i utviklingsarbeidet (2007). Only avai­
CMI Report 2008:4. lable in Norwegian.
2008– 2009 Report No. 10 to the Storting 61
Corporate social responsibility in a global economy

Box 5.4 Agricultural development in


Tanzania
Tanzanian agriculture largely consists of
many small farms with limited mechanisation
and somewhat primitive production methods,
and it involves a risk of soil impoverishment.
Yara International ASA, Norfund, Norad, the
Rockefeller Foundation, Rabobank, the Agri­
cultural Council of Tanzania and the Tanza­
nian authorities have formed a broad
partnership to improve the lives of small far­
Figure 5.4 Microfinance has proved to be a mers in Tanzania. The partnership helps to
successful strategy for women’s participation in build expertise in local institutions, and provi­
the economy. des training and a credit line that ensures that
farmers have access to small loans to buy the
Photo: Aubrey Wade/Panos Pictures /Felix Features.
required input goods.

ved see the partnership as relevant and strategi­


cally important in relation to their own activities
and goals. Partnerships that combine the financial and expertise with public aid capital and professio­
and technical expertise of the companies with nal development expertise. The private investors
NGOs’ insight into development issues will gene­ who have been at the forefront of this initiative are
rate better development effects from private sector Ferd, DnB NOR, Storebrand and KLP. Norfund
engagement. Local companies will also be natural contributes 50 % of the investment capital, and
partners. Norad provides technical assistance.
Closer cooperation between the public aid Partnership is a central topic in the business
apparatus and private companies can make aid forum set up by the Norwegian Minister of the
more effective. Using aid funds to facilitate private Environment and International Development in
investments can reduce the risks involved and the spring of 2008 with representatives from the
result in private actors releasing more money for private sector, business and industry organisations
commercial investments in developing countries. and the Norwegian Confederation of Trade Unions
Cooperation of this kind facilitates a strengthened (LO) with the aim of giving greater impetus to busi­
and more concrete dialogue about CSR. This ness development efforts in developing countries.
could, for example, apply in the case of hydroelec­
tric development projects. In this type of project,
environmental awareness, social responsibility in 5.4 Institution and capacity building
relation to the local community and affected
groups, the working environment and special In many developing countries the institutional
development programmes for the districts invol­ basis for creating good and predictable framework
ved will be essential to the success of the project. conditions for the private sector is poor. Weak
The Norwegian private sector has valuable governance and inadequate legal protection often
expertise in a large number of fields that are cen­ contribute to extensive corruption. This puts a
tral to the creation of new activity and profitable damper on domestic investment and makes it har­
business development – including in developing der for countries to attract foreign investment.
countries. Examples of partnerships with Norwe­ Weak institutional frameworks can also be exploi­
gian companies include efforts to improve value ted to protect monopolistic positions, which may
chains in African agriculture and in microfinance. result in the markets supporting existing elites and
Several parties, both private and public, have sustaining social inequality and exclusion.
worked together to set up a Norwegian microfi­ Business development is linked to factors such
nance initiative. The purpose of the Norwegian as distribution, rights, social and environmental
Microfinance Initiative (NMI), which was laun­ conditions, the share of profits that remains in the
ched in June 2008, is to improve access to developing countries and the use of public funds. A
microcredit by combining private sector capital responsible macroeconomic policy, including
62 Report No. 10 to the Storting 2008– 2009
Corporate social responsibility in a global economy

Box 5.5 Oil for Development


The Oil for Development initiative was laun­
ched in 2005 to assist developing countries in
the management of their petroleum resour­
ces. The aim is to build the competence and
capacity of public authorities and lay the foun­
dations for developing a holistic framework to
avoid the «natural resource curse». The initia­
tive promotes sustainable economic develop­
ment and the welfare of the population as a
whole. Developing good governance is a
recurrent theme throughout the initiative,
and it is reflected in the work on resource
Figure 5.5 Educating workers in Vietnam through management, financial management and envi­
the Rogaland Training and Education Centre. ronmental management. This entails assisting
Photo: Ole Imsland. in drawing up legislation for the sector, trans­
ferring technical knowledge and raising awa­
reness of environmental consequences and
balanced and predictable taxation, is therefore an revenue management. Oil for Development
important foundation for the development of the currently has projects in 25 countries.
private sector. A good macroeconomic policy is
important for value creation in general and for the
private sector’s freedom of manoeuvre in particu­
lar. Norway participates actively in the dialogue The Government
between cooperating countries and donors on • calls on the private sector to increase its invest­
macroeconomic policy and reforms. ments in developing countries and invites com­
The Government’s strategy for supporting panies to enter into strategic partnerships in
business development in developing countries order to reduce the risk associated with such
focuses strongly on the poorest countries in Africa investments and improve their development
and is clearly recipient-oriented. At the same time, impact;
support for business development must be provi­ • will include cooperation on social responsibi­
ded so as to ensure that adequate account is taken lity as an important component in partnerships
of human rights, environmental issues, indigenous between public and private actors in develo­
populations, women’s rights and gender equality. ping countries;
Projects receiving aid must ensure that labour • expects Norwegian companies operating in
rights and other human rights are safeguarded, developing countries to demonstrate social
among other things by ensuring that international responsibility and bring good business practi­
conventions are complied with and followed up ces from their operations in Norway;
nationally. They must also to contribute to raising • emphasises how important it is that the private
awareness about the importance of combating sector’s involvement contributes to building up
child labour and ensuring that partners and suppli­ local partners and local ownership, transfer­
ers do not use child labour, cf. Chapter 9. ring knowledge and ensuring a long-term per­
Through bilateral cooperation, the Norwegian spective;
authorities are involved in an advisory capacity in • calls on Norwegian companies to actively
developing national frameworks and capacity recruit locally in host countries, encourage the
building to facilitate business development. In use of local suppliers and cooperate with local
development cooperation, Norway prioritises aid companies as contractors and suppliers where
to public institution-building, among other things they are to be found, in order to develop sustai­
as a means of combating corruption. This could nable and competitive local companies;
provide greater opportunities for national and • will use the new business forum to discuss
international companies to compete on equal possibilities for partnerships and other measu­
terms in countries with inadequate legislation and res to promote private sector development in
unpredictable practices. developing countries.
2008– 2009 Report No. 10 to the Storting 63
Corporate social responsibility in a global economy

5.5 Responsible business – the key to a need for dialogue and exchange of experience
development and knowledge between the foreign companies
and authorities or organisations that have develop­
Through knowledge, experience, presence and ment experience, and between the private sector
influence, the private sector can help to address and local authorities and societal groups.
many of the challenges facing developing coun­ Norway is seeking to persuade developing
tries. Through investments, transparency and countries to accede to international conventions
good business practices, Norwegian and other and implement and enforce them nationally. This
multinational companies can contribute to strengt­ will help to raise standards for economic activity in
hening the countries’ own economies and private these countries. However, there are still a number
sectors. In this respect, development can be said to of considerations that cannot be dealt with without
be good for business, and business good for further developing the international framework for
development. the private sector. Norway is therefore actively par­
However, there is no automatic convergence of ticipating in efforts to strengthen international gui­
the interests of foreign companies and the real delines for CSR.
needs of the local population. That is why there is

Box 5.6 The UN Millennium Development Goals and examples of private sector contributions
A report from the UN Development Programme 5. Improve maternal health
(UNDP), Creating Value for All: Strategies for Provide inexpensive medical products and
Doing Business with the Poor (July 2008), provi­ health services.Improve women’s working
des examples of what companies can do to help conditions and occupational health.
to achieve the Millennium Development Goals 6. Combat HIV/AIDS, malaria and other disea-
and promote global development. ses
1. Eradicate extreme poverty and hunger Provide inexpensive medical products,
Promote value creation and contribute signi­ health services and innovative solu­
ficantly to public revenues.Create jobs and tions.Implement HIV/AIDS programmes in
access to necessary goods and services. the workplace, focusing on information, pre­
2. Achieve universal primary education vention and treatment.
Play an important role in efforts to combat 7. Ensure environmental sustainability
child labour in the workplace.Promote Can have a major positive impact on the envi­
schooling for the children of employees and ronment and increasingly invest in new pro­
invest in education. ducts and business processes to counteract
3. Promote gender equality and empower women adverse environmental impacts.
Increase women’s financial autonomy as 8. Global partnership for development
entrepreneurs, employees and producers. Be an important partner in supporting inves­
Contribute to and invest in leadership tment and a transparent trading and financial
development for women. system.Be an essential partner in work to
4. Reduce child mortality promote employment among young people
Provide inexpensive medical products and and to make new technology available.
health services.Promote children’s rights
and issues concerning children.
64 Report No. 10 to the Storting 2008– 2009
Corporate social responsibility in a global economy

6 International frameworks for corporate social responsibility

Figure 6.1

With globalisation, business is becomingly increa­ Such widely recognised international standards
singly internationally oriented, making it more and instruments are useful for guiding and clarify­
necessary than ever for enterprises to operate in a ing the private sector’s engagement in the field.
responsible manner. This forms the backdrop for Businesses that follow the same international guid­
international efforts in the OECD, the UN and elines are able to exchange ideas and experience,
other organisations to establish a normative and making it easier to measure and compare results
more binding framework for companies. This fram­ and meet the expectations of governments,
ework consists partly of international conventions employees and society. When enterprises base
that governments are obliged to comply with, and their business activities on the same international
partly of voluntary instruments for responsible guidelines, the competitive environment becomes
business conduct. more equal, resulting in a more level playing field.
The Government is engaged in efforts to
strengthen international guidelines and to develop
regional and global standards that will as far as pos­ 6.1 The OECD Guidelines for
sible ensure that businesses have equal framework Multinational Enterprises
conditions. The Government’s aim is that Norway
should be a leading nation in such efforts, both by The OECD established a set of guidelines for mul­
taking action on its own initiative and by suppor­ tinational enterprises as early as 1976, and was
ting the actions of others. The Government is also thus a pioneer in the field of CSR. The OECD Gui­
supporting efforts to monitor compliance with gui­ delines are the only multilaterally recognised fram­
delines and standards. ework that governments are committed to promo­
The OECD Guidelines for Multinational Enter­ ting. They consist of a set of recommendations by
prises contain detailed recommendations for enter­ governments to multinational enterprises, and
prises operating in or from OECD countries, and a include a comprehensive framework of voluntary
special mechanism for promoting and following up principles and standards for responsible business
the Guidelines in the form of National Contact conduct consistent with applicable laws.
Points (NCPs). The UN Global Compact is a global The Guidelines are part of the OECD Declara­
initiative that sets out principles for businesses and tion on International Investment and Multinational
has broad participation from developing countries. Enterprises of 1976, the purpose of which is to
The Global Reporting Initiative (GRI) promotes improve the investment climate and encourage the
transparency and provides guidance for reporting positive contribution multinational enterprises can
on the economic, social and environmental impacts make to economic and social progress. The Guide­
of companies and organisations. lines are based on the principle that multinational
2008– 2009 Report No. 10 to the Storting 65
Corporate social responsibility in a global economy

enterprises are in a better position to promote sus­ One of the strengths of the Guidelines is that
tainable development when trade and investment they are supported by business and labour organi­
are conducted in a context of open, competitive and sations, both of which work actively to disseminate
appropriately regulated markets. The Guidelines information about them. The private sector’s and
were most recently updated in 2000. the trade unions’ OECD committees, the Business
The Guidelines contain recommendations that and Industry Advisory Committee (BIAC) and the
reflect the ILO core conventions on forced labour Trade Union Advisory Committee (TUAC), partici­
and child labour. Multinational enterprises are pate in following up the Guidelines, as does the
encouraged to raise the level of their environmen­ OECD Investment Committee. OECD Watch, an
tal performance through improved internal envi­ international network consisting of more than 65
ronmental management and better contingency voluntary organisations, including the Norwegian
planning for environmental impacts. The Guideli­ Forum for Environment and Development
nes contain provisions on human rights, comba­ (ForUM), monitors the work and the development
ting corruption and consumer protection. Busi­ of the Guidelines.
ness partners, including suppliers and subcontrac­ In addition to the OECD’s 30 member coun­
tors, are encouraged to base their conduct on the tries, 11 observer countries have endorsed the Gui­
Guidelines. Small and medium-sized enterprises delines.1 In all, this covers the countries in which
are also encouraged to observe the Guidelines. most of the multinational enterprises have their
The OECD Guidelines are voluntary, and the headquarters and a large proportion of their opera­
authorities cannot impose sanctions for violations. tions. Roughly 85 % of foreign investment flows are
On the other hand, the member countries are obli­ to countries that endorse the Guidelines.
ged to establish National Contact Points (NCPs) as
central bodies for effective implementation of the 1
The 11 observer states are: Argentina, Brazil, Chile, Egypt,
Guidelines. Estonia, Israel, Latvia, Lithuania, Peru, Romania and Slove­
nia.

Box 6.1 General policies (Chapter II of the OECD Guidelines for Multinational Enterprises)
Enterprises should take fully into account estab­ 6. Support and uphold good corporate gover­
lished policies in the countries in which they nance principles and develop and apply good
operate, and consider the views of other stake­ corporate governance practices.
holders. In this regard, enterprises should: 7. Develop and apply effective self-regulatory
1. Contribute to economic, social and environ­ practices and management systems that fos­
mental progress with a view to achieving sus­ ter a relationship of confidence and mutual
tainable development. trust between enterprises and the societies
2. Respect the human rights of those affected in which they operate.
by their activities consistent with the host 8. Promote employee awareness of, and compli­
government’s international obligations and ance with, company policies through appro­
commitments. priate dissemination of these policies, inclu­
3. Encourage local capacity building through ding through training programmes.
close cooperation with the local community, 9. Refrain from discriminatory or disciplinary
including business interests, as well as action against employees who make bona
developing the enterprise’s activities in fide reports to management or, as appropri­
domestic and foreign markets, consistent ate, to the competent public authorities, on
with the need for sound commercial practice. practices that contravene the law, the Guide­
4. Encourage human capital formation, in parti­ lines or the enterprise’s policies.
cular by creating employment opportunities 10. Encourage, where practicable, business
and facilitating training opportunities for partners, including suppliers and subcon­
employees. tractors, to apply principles of corporate con­
5. Refrain from seeking or accepting exemp­ duct compatible with the Guidelines.
tions not contemplated in the statutory or 11. Abstain from any improper involvement in
regulatory framework related to environ­ local political activities.
mental, health, safety, labour, taxation, finan­
cial incentives, or other issues.
66 Report No. 10 to the Storting 2008– 2009
Corporate social responsibility in a global economy

Figure 6.2 Institutions involved in following up the OECD Guidelines

to make the NCP more accountable and increases


6.1.1 National Contact Points the general public’s trust. The outcome of the NCPs
The National Contact Points (NCPs) have a central evaluations should therefore be transparent unless
role in following up the Guidelines. They serve as considerations of effective implementation of the
a forum for dealing with complaints for violation of Guidelines indicate the need for confidentiality.
the Guidelines brought against companies that Several factors are decisive when an NCP hand­
operate in or from countries that have endorsed les complaints (known as «specific instances»)
the Guidelines. Although the NCPs are not legal regarding companies’ compliance with the Guideli­
bodies, they may assess whether or not companies nes. Among other things, it must consider how the
have violated the Guidelines. The aim is to resolve complaint relates to national legislation, how cor­
issues or conflicts concerning the Guidelines responding complaints have been dealt with previ­
through discussion with the parties involved. The ously and whether the processing of the complaint
NCPs can thus help to make companies more contributes to implementation of the Guidelines. If
aware of their responsibility and increase the legi­ a complaint requires further consideration, the
timacy of the Guidelines. NCP will endeavour to resolve it through discus­
NCPs handle inquiries, disseminate informa­ sions with the parties. This can include consulta­
tion about the Guidelines and issue annual reports tion with other NCPs or the OECD Investment
on their activities to the OECD Investment Com­ Committee. Normally, a complaint concludes with
mittee. Annual meetings are also held at which the a statement from the NCP. In such cases, the par­
NCPs can share their experience of promoting the ties have an opportunity to pursue the matter
Guidelines. further through the BIAC and the TUAC.
The core criteria that are to guide the NCPs The OECD publishes complaints submitted to
work are visibility, accessibility, transparency and NCPs and issues statements in such cases. Since
accountability. The authorities are to play an active the Guidelines were revised in 2000, the NCPs
role in disseminating information about the NCPs have received 181 complaints, 131 of which have
and promoting the Guidelines. Transparency helps been considered.2
2008– 2009 Report No. 10 to the Storting 67
Corporate social responsibility in a global economy

Confederation of Trade Unions (LO) and the Con­


6.1.2 The Norwegian National Contact Point federation of Norwegian Enterprise (NHO). So far,
Norway’s NCP is a cooperative body composed of three complaints have been considered by the
representatives of the Ministry of Foreign Affairs, NCP. The cases involved Gard’s contracts with
the Ministry of Trade and Industry, the Norwegian Indonesian and Filipino seafarers (2002), Aker
Kværner’s activity at Guantanamo Bay (2005) and
2
OECD Annual Meeting of National Contact Points (2007).

Box 6.2 Complaints considered by the Norwegian NCP


Aker Kværner/KPSI was primarily involved in
The Gard complaint the running of the base, but it also contributed
The international Transport Workers’ Federa­ to maintenance and operational and supply func­
tion (ITF) claimed that the Norwegian insurance tions that are common to the prison and the
company Gard was in breach of the OECD Guid­ base. The NCP was of the view that the com­
elines. The reason was that seafarers from the pany’s activities must, at least in part, be
Philippines and Indonesia had to sign a standard deemed to affect the inmates of the prison. The
contract relieving the insurance company of all running of the prison is dependent on the
liability in the event of an injury or accident over maintenance of infrastructure of the type invol­
and above what was stipulated in the contract. ved in this complaint.
The NCP took steps to obtain information in The NCP emphasised that Norwegian com­
the specific instance, among other things panies should continuously evaluate their opera­
through the Norwegian embassy. It turned out tions in relation to human rights. The situation
that national workers’ and employers’ organisa­ at Guantanamo called for particular vigilance.
tions in the Philippines had signed an agre­ The NCP also urged the company to adopt ethi­
ement on the matter. In a corresponding case, cal guidelines and to apply them in all countries
the Philippine Supreme Court had ruled that in which Aker Kværner operates.
such agreements are not unlawful.
The NCP concluded that Gard had not violated
the OECD Guidelines since the company was wit­ The Nordea complaint
hin the bounds of normal practice in the country The main issue in the Nordea complaint was
where the employment relationship took place. whether banks and finance institutions can be
held accountable for the activities of companies
to which they lend money. The specific instance
The Aker Kværner complaint concerned whether Nordea has an independent
The Forum for Environment and Development responsibility as part-financer and provider of
(ForUM) claimed that, through its wholly owned financial services to the Finnish company Botnia
US subsidiary Kværner Process Services Inc. in connection with the establishment of a paper
(KPSI), Aker Kværner was in breach of the pro­ pulp factory in Uruguay.
vision of the OECD Guidelines regarding In their processing of the complaint, the
respect for human rights (Chapter II, item 2) in Norwegian and Swedish NCPs held several
that it provided assistance to the prison at Guan­ meetings with the parties and obtained factual
tanamo Bay. The prison was established to information from embassies, various ministries
house prisoners suspected of terrorism, and it and the World Bank. The Swedish and Norwe­
was criticised because the prisoners were gian NCPs concluded that there were no
denied due process protection. grounds for the allegations made against
The specific instance concerned the ques­ Nordea concerning breach of the OECD Guide­
tion of whether Aker Kværner had aided and lines. The NCP used the specific instance to
abetted, or profited from, violations of human urge Nordea and other companies in the finan­
rights. Ethical evaluations of such issues are cial sector to be as open as possible with infor­
based on the human rights provision of the mation.
OECD Guidelines.
68 Report No. 10 to the Storting 2008– 2009
Corporate social responsibility in a global economy

Nordea’s financing of a paper pulp factory in Uru­ des representatives of both the authorities and
guay (2007). NGOs, while in others only the authorities are
The procedures of the Norwegian NCP worked represented. The Netherlands recently establis­
well in all three of the complaints considered by it. hed a new, independent national contact point com­
The NCPs composition reflects the Norwegian tri­ posed solely of representatives from the private
partite tradition. However, neither the OECD Gui­ sector, academia and civil society. Norway, Sweden
delines nor the NCP are well enough known. The and Denmark have based their NCPs on a tripar­
survey conducted for the Ministry of Foreign tite structure patterned on the tripartite coopera­
Affairs in 2008, cf. Chapter 1, showed that only a tion that has a long-standing status in the Nordic
small minority of Norwegian medium-sized and countries. In Sweden, civil society is also represen­
large enterprises are aware of the Guidelines. ted in the NCP.
Norwegian companies have expressed a need Several member countries have pointed out the
for clarification of what is required to comply with need for a better overview of the complaints sub­
the Guidelines and recommend that the Guidelines mitted to the NCPs. For example, there is no satis­
should be made more user-friendly. Some have factory system at present that registers whether a
noted that the NCPs methods and procedures are subsidiary operating in a different country than
unclear. the parent company has been brought before the
The Norwegian authorities will work to make NCP in that country. A parent company in Norway
the contents of the Guidelines and the NCPs met­ may be completely unaware that that its subsidiary
hods and procedures better known. Instructions is involved in a complaint being dealt with by
will be drawn up as well as web-based information another country’s NCP, unless the local NCP has
about the Guidelines. informed the NCP in Norway about the case. Nor­
way will actively support OECD initiatives to
ensure an improved information flow between
6.1.3 Experiences and potential for NCPs in such cases.
improvement One challenge facing the OECD is promoting
There is great variation within the OECD with the principles in countries that have not endorsed
respect to the composition and organisation of the Guidelines. Several member countries consi­
NCPs. In some member countries, the NCP inclu- der this important and have taken the initiative to
translate the Guidelines into other languages.
If the Guidelines are to remain relevant and
Box 6.3 OECD Watch Model National keep pace with global developments, they must be
Contact Point regularly updated. It is more than eight years since
the Guidelines were last revised, and important
In 2008, OECD Watch published a handbook, developments have taken place in the field since
Model National Contact Point, which, among then. In other words, the time seems ripe for upda­
other things, includes the following recom­ ting the OECD Guidelines. Today, the Guidelines
mendations for the NCPs: have a broad scope, but in certain areas they are
– The necessary training and adequate imprecise. As regards human rights, for instance,
resources must be provided if the NCPs it may be necessary to specify considerations
are to function as intended. regarding local communities and indigenous
– The NCPs should adopt a strategy for pro­ peoples’ rights more clearly. In the light of recent
moting the guidelines, hold seminars and developments, it may also be necessary to update
annual consultations with various stake­ the Guidelines as regards the environment and cli­
holders and make active use of embassies mate. This can be done in the form of new supple­
and trade missions to promote the guideli­ ments to the text. Norway has worked actively for
nes. the Guidelines to be updated in these areas. With
– Complaints should be dealt with within a the support of other member countries, the matter
reasonable time frame and preferably wit­ has been included in the OECD Investment Com­
hin 12 months. mittee’s work programme for 2009–2010.
– Procedures should be transparent and the
NCP should keep the parties informed
and treat them equitably throughout the The Government
process. • will strengthen the NCP’s procedures and
make its functioning more transparent;
2008– 2009 Report No. 10 to the Storting 69
Corporate social responsibility in a global economy

• considers that the tripartite nature of the NCP


is of great importance to its work and autho­ Box 6.4 The UN Global Compact – 10
rity; principles
• will provide more resources for the Norwegian
NCP and encourage the use of independent
advisers and experts; Human rights
• will work to increase knowledge and guidance
about the Guidelines, among other things 1. Businesses should support and respect
through the NCP and relevant public instru­ the protection of internationally proclai­
ments; med human rights, and
• participates actively in the work of the OECD 2. Make sure that they are not complicit in
on revising the Guidelines in areas such as human rights abuses.
human rights and the environment/climate;
• will work to increase the number of countries Labour
that endorse the OECD Guidelines.
3. Businesses should uphold the freedom of
association and the effective recognition of
the right to collective bargaining;
6.2 The UN Global Compact 4. the elimination of all forms of forced and
The Global Compact is the UN’s initiative for coo­ compulsory labour;
peration with the private sector on sustainable 5. the effective abolition of all child labour;
development. The initiative was taken by then UN and
Secretary-General Kofi Annan in 1999 in an endea­ 6. the elimination of discrimination in respect
vour to involve the private sector more directly in of employment and occupation.
development efforts. When it was launched at the
meeting of the World Economic Forum, Kofi Environment
Annan gave the following reasons for the initiative:
7. Businesses are asked to support a precau­
«I propose that you, the business leaders gathe­ tionary approach to environmental chal­
red in Davos, and we, the United Nations, initi­ lenges;
ate a global compact of shared values and prin­ 8. undertake initiatives to promote greater
ciples, which will give a human face to the glo­ environmental responsibility; and
bal market.»
9. encourage the development and diffusion
The idea behind the Global Compact is for com­ of environmentally friendly technologies.
panies to endorse 10 fundamental principles. They
entail companies supporting and respecting inter­
national human rights and central labour rights, Anti-corruption
promoting environmental responsibility and com­ 10. Businesses should work against corrup­
bating corruption. The principles are based on the tion in all its forms, including extortion
UN Universal Declaration of Human Rights, the and bribery.
ILO’s core conventions, the Rio Principles on Envi­
ronment and Development and the UN Convention
against Corruption
Businesses make the 10 principles an integral port in Norway and the rest of the world, not least
part of their business strategies and day-to-day in developing countries.
operations. Today, the Global Compact is the world’s lar­
With its basis in the UN and its broad scope, gest voluntary initiative for CSR. Roughly 4 000
the Global Compact is the most universal fram­ businesses from more than 120 countries have
ework for social responsibility. The principles con­ endorsed it. Employers’ and workers’ associations
stitute an international «soft law» standard for busi­ and NGOs come in addition. The total number of
nesses’ work in the field of CSR. The initiative members at the end of 2008 was approximately
should have the potential to gain widespread sup- 5 200. Twenty-six Norwegian companies and orga­
nisations have joined the Global Compact.
70 Report No. 10 to the Storting 2008– 2009
Corporate social responsibility in a global economy

Fund. The current contributors are Sweden, Nor­


6.2.1 How does the UN Global Compact way, Denmark, Finland, Germany, France, Switzer­
work? land, Italy, Spain, the United Kingdom, Colombia,
Working on concrete issues through networks is China and the Republic of Korea. The network is
an important part of the Global Compact’s activi­ working to increase support from countries in the
ties. Local and regional networks have been estab­ South and emerging economies such as Brazil,
lished to promote dialogue and the exchange of Russia and India.
experience between member companies from all
over the world. Since 2000, companies in Norway,
Sweden, Denmark, Finland and Iceland have for­ 6.2.2 What does joining the UN Global
med a Nordic network, which meets twice a year to Compact entail?
discuss practical experience and dilemmas relating A company joins the network by its chief executive
to the principles. The Confederation of Norwegian writing a letter the UN Secretary-General stating
Enterprise (NHO) was the contact point for the that the company will make the 10 principles an
Nordic network from 2005 until 2007, when the integral part of its day-to-day operations. Member
Confederation of Danish Industry (DI) took over companies must send an annual Communication
this function. on Progress (COP) to the Global Compact. The
The Global Compact’s headquarters are in COP can either be part of the company’s annual
New York. The office cooperates with other UN report or a separate sustainability report. Compa­
bodies, including the International Labour Organi­ nies are also expected to promote the Global Com­
sation (ILO), the Office of the High Commissioner pact externally.
for Human Rights, the UN Development Pro­ Global Compact has been criticised for its lack
gramme (UNDP) and the UN Environment Pro­ of follow-up mechanisms and reporting. It has
gramme (UNEP). The Global Compact’s board is been pointed out that the principles are merely
made up of representatives from the private sector, political commitments that cannot be legally enfor­
labour, civil society and the UN. The UN Secretary- ced. NGOs claim that many companies become
General chairs the board. members in order to avoid introducing more bin­
The Global Compact has developed a number ding accountability mechanisms and rules.
of tools to demonstrate how businesses can apply Less than 50 % of the members prepared a COP
the principles. Caring for the Climate is a platform in 2007. If the rest of the world is to have confi­
for companies that wish to show leadership in the dence in the Global Compact and its member com-
climate field. The CEO Water Mandate is an initia­
tive aimed at increasing corporate involvement in
relation to the global water crisis. Box 6.5 What is expected of participants
The Global Compact is partly financed through in the UN Global Compact?
contributions from the private sector to the Global
Compact Foundation. However, the chief source of
– A commitment on the part of the com­
funding consists of contributions from member
pany’s management and board of directors
countries to a separate Global Compact Trust
– A letter from the chief executive to the UN
Secretary-General
– Willingness to continuously improve cor­
porate practice
– The setting of strategic and operational
goals, measuring results and communica­
ting internally and externally
– Transparency in relation to dialogue and
learning with respect to challenges
– Participation in meetings and seminars,
locally and globally, and dialogue with sta­
keholders
– Annual reporting: Communication on Pro­
gress (COP)
Source: The UN Global Compact
Figure 6.3 Companies in the UN Global Compact.
2008– 2009 Report No. 10 to the Storting 71
Corporate social responsibility in a global economy

The Government
Box 6.6 Declaration by the leaders of the
G8 countries at the Heiligendam summit • attaches importance to the efforts to strengt­
in 2007 hen the Global Compact as an important global
framework for CSR, and it will continue to con­
tribute financially to the initiative;
«We stress in particular the UN Global • will cooperate with the private sector to
Compact as an important CSR initiative;
increase knowledge about the Global Compact
we invite corporations from the G8 coun­
tries, emerging nations and developing and encourage more companies to join the ini­
countries to participate actively in the Glo­ tiative;
bal Compact and to support the worldwide • will, through donor meetings, discuss how the
dissemination of this initiative. donor countries can help to strengthen and
In order to strengthen the voluntary further develop the Global Compact.
approach of CSR, we encourage the impro­
vement of the transparency of private com­
panies’ performance with respect to CSR , 6.3 The Global Reporting Initiative
and clarification of the numerous stan­
dards and principles issued in this area by The Global Reporting Initiative (GRI) is a volun­
many different public and private actors.
tary international network based on cooperation
We invite the companies listed on our
Stock Markets to assess, in their annual between companies, employees’ organisations,
reports, the way they comply with CSR investors, auditors, NGOs, academics and other
standards and principles. We ask the stakeholders. The network has affiliated UN status
OECD, in cooperation with the Global as an institution that cooperates with the UN Envi­
Compact and ILO, to compile the most ronment Programme, UNEP.
relevant CSR standards in order to give The objective of the GRI is to make reporting
more visibility and more clarity to the vari­ on the triple bottom line, i.e. economic, environ­
ous standards and principles.» mental and social outcomes, as widespread as nor­
mal financial reporting is today. The GRI has
developed principles and indicators for such repor­
ting, and it is the most widespread international
panies, it is crucial that they document that they framework of its kind. The framework is suitable
operate responsibly. The Global Compact Office for companies and organisations in different sec­
now reacts systematically to the failure to report. tors. More than 1 000 enterprises in 60 countries
Companies that have failed to report for three currently use the GRI.
years are de-listed from the Global Compact. In The GRI network works on development and
January 2008, 394 companies were removed from improvement of the Guidelines and aims to
the membership register for this reason. The chief increase their use. The G3 Guidelines are the cor­
executives of 78 companies received a written war­ nerstone of the framework. Launched in 2006, they
ning for failure to report. Companies that submit were the result of three years of consultations with
outstanding reports are given positive feedback. 3 000 representatives from various stakeholder
Global Compact was never intended to be a bin­ groups.
ding instrument where breaches of the principles The GRI is supported financially by the Dutch,
can result in legal sanctions. The purpose of the British, German, Swedish and Australian authori­
Global Compact has been to create a UN-based ties, the EU, major industrial companies and other
international corporate network to promote work private and public donors. Norway became a donor
on CSR in practice. It is necessary to work in paral­ in 2008.
lel to develop other, more binding frameworks.
It is still a challenge to get companies to realise
the practical usefulness of the Global Compact and 6.3.1 What does GRI reporting entail?
to get more companies to join. Through increased The GRI framework describes why, how and about
support for and concrete work on the 10 principles, what an organisation should report. Eleven prin­
the private sector can make the Global Compact an ciples provide guidance on the report’s contents
important factor in global development. and quality, and they include sustainability, compa­
rability, clarity and reliability. In addition to the
principles, the report is to state how far the com­
72 Report No. 10 to the Storting 2008– 2009
Corporate social responsibility in a global economy

pany has complied with the Guidelines at which defining reporting responsibility down though the
level (A, B or C) of performance. External verifica­ value chain, and it is working on tools to be used by
tion of the report is encouraged, but is not a requi­ suppliers. It has also launched a network for trans­
rement. parency in the supply chain.
The GRI also recommends that the reporting
should include the company’s vision and strategy
for contributing to sustainable development, and 6.3.2 The value of reporting
describe the company’s profile, activities and sta­ Transparent reporting heightens the focus on
keholders. It should also describe the company’s economic, social and environmental factors. It
governance structure and management system. motivates companies to intensify their efforts in
The GRI consists of more than 80 indicators for relation to CSR and can help to improve compli­
economic, social and environmental performance. ance with UN and OECD principles and standards.
Within each area, the GRI defines core indicators The Global Compact recommends that the GRI be
on which all companies should report, as well as used in the preparation of the annual Communica­
additional indicators that may be used to enrich a tion on Progress to the Global Compact. The
report. OECD Guidelines for Multinational Enterprises
– The economic indicators concern the com­ encourage companies to apply high quality stan­
pany’s financial value creation and other econo­ dards to non-financial reporting, including infor­
mic effects on society. They cover reporting on mation about environmental and social factors.
wages, pensions and other benefits for the com­ The use of a single template for reporting is
pany’s management and employees, payments advantageous for companies, authorities and orga­
received from customers and payments made nisations since it systemises documentation and
to subcontractors. makes it more readily comparable. The GRI tem­
– The environmental
indicators deal with the plate is currently the most important tool for inter­
company’s impacts on the environment, eco­ national comparison of companies’ results.
systems, soil, air and water. The indicators Large companies in Norway use the GRI as a
include environmental impacts of the com­ reporting template and consider it a necessary tool
pany’s products and services, resource con­ in their operations. The reporting helps to syste­
sumption, the consumption of environmentally mise companies’ work on CSR, and the process
hazardous substances and raw materials, emis­ helps to increase awareness within companies of
sions of greenhouse gases and other polluta­ the challenges and the potential for improvement.
nts, waste, costs of environmental investments, What a company measures can be controlled, and
and fines and penalties for violation of environ­ what can be controlled can be changed. Reporting
mental legislation. is thus a useful tool in companies’ ongoing efforts
– The social indicators are grouped into three to improve their operations.
categories: factors relating to employees; to Some companies claim that the number of indi­
human rights; and to more general social cators and the scope of the reporting make them
issues concerning consumers, local communi­ less user-friendly. Others claim that GRI reporting
ties and other stakeholders. Such information is expensive and best suited to large companies
can be difficult to quantify. In some cases quali­ with extensive resources at their disposal. Experi­
tative descriptions may be permitted. ence shows that it is important that companies use
those parts of GRI that are relevant to them and
GRI reports should be prepared annually and pub­ apply the framework flexibly.
lished on the internet. GRI reporting is voluntary
and free of charge. Companies can choose whether
they wish to use the guidelines in their entirety or The Government
in part, or use them as a reference. • views the GRI as a useful basis for reporting on
The GRI guidelines are continually being economic, social and environmental factors,
developed and improved. Sector supplements have particularly for large companies;
been produced that are intended to supplement the • will help to improve information and guidance
core guidelines. The framework also targets small about the GRI;
and medium-sized enterprises, and a guide has • will join the donors supporting the GRI, with
been produced to simplify reporting by such com­ particular emphasis on increasing the rele­
panies. The GRI has also developed a protocol for vance of the GRI in developing countries;
2008– 2009 Report No. 10 to the Storting 73
Corporate social responsibility in a global economy

• will support the GRI’s work on developing dard with methods for verifying reports on CSR
reporting tools that are adapted to small and (AA 1000as). Det Norske Veritas offers certifica­
medium-sized enterprises. tion of companies in accordance with SA 8000 and
verification based on the GRI and AA 1000as.
The International Organization for Standardiza­
6.4 Standardisation and certification tion (ISO) decided in 2004, in consultation with
various stakeholders, to develop an international
Most of the reporting schemes have in common guiding standard for organisations’ social responsi­
that they are voluntary and that they are seldom bility (Guidance on Social Responsibility), called
verified. It is possible, however, for a company to ISO 26000.
have its report externally audited. Independent The standard, which is scheduled for comple­
certification will enable companies to demonstrate tion in the autumn of 2010, will apply to all types of
their social responsibility to consumers and other organisations, in both developing and industriali­
stakeholders. This applies in particular to compa­ sed countries. It will contain guidelines and recom­
nies in developing countries that need to show con­ mendations for how organisations should exercise
sumers that they uphold high standards. Certifica­ their social responsibility, and will cover topics
tion can also be useful in identifying strengths, such as corporate governance, human rights,
weakness and potential for improvement. labour standards, the environment, consumer
SA 8000 is currently the only certifiable stan­ issues and participation by local communities.
dard that includes international human rights and The standard will be consistent with other exis­
labour rights. The standard builds on the same ting ISO standards, and its normative content is
basis as the established ISO 9001 and ISO 14001 drawn from relevant international declarations,
standards for quality and environmental manage­ agreements and conventions developed by the UN
ment and control. The AA 1000 standards are tem­ and UN agencies, including the ILO. The use of
plates for dialogue with stakeholders and a stan­ ISO 26000 will be voluntary.

Box 6.7 Certification schemes and standards


SA 8000 is a certification standard for the exer­ The Eco-Management and Audit Scheme
cise of social responsibility in nine areas: child (EMAS) is a voluntary environmental registra­
labour, forced labour, workplace health and tion scheme for organisations in the EU and the
safety, freedom of association, discrimination, EEA. As a management tool, EMAS is most rele­
disciplinary practice, working hours, remunera­ vant to organisations that have a European mar­
tion and management systems. It is based on ket. EMAS is based on ISO 14001, but has
several existing human rights standards, inclu­ expanded requirements in the following areas:
ding the UN Universal Declaration of Human statutory environmental requirements, environ­
Rights, the UN Convention on the Rights of the mental performance, communication with the
Child and the ILO Conventions. general public and employee participation.
ISO 14001 is an international standard for Miljøfyrtårn (Eco-Lighthouse) is an official
environmental management systems in organi­ Norwegian certification system that aims to
sations of all kinds. The first step towards certifi­ improve environmental performance in the pri­
cation is an assessment to identify any significant vate and public sectors, particularly in small and
environmental impact by the company, and rele­ medium-sized enterprises and organisations.
vant improvement measures. An environmental Companies and organisations that submit to an
policy and an action plan containing environmen­ environmental analysis and meet defined sector
tal targets and deadlines are then drawn up on requirements can obtain eco-lighthouse certifi­
the basis of the assessment. In order to achieve cation. The analysis covers HSE, purchasing,
the environmental targets, a management sys­ waste, energy and transport, as well as environ­
tem must be introduced, including procedures, mental and climate reporting. So far, more than
reporting routines and a division of responsibi­ 1 300 private enterprises and public sector enti­
lity. The organisation must work continuously to ties have been certified.
reduce its environmental impact.
74 Report No. 10 to the Storting 2008– 2009
Corporate social responsibility in a global economy

The process of developing ISO 26000 is already 6.5 The need for international
contributing to existing efforts within the area of guidelines
social responsibility by:
– developing international consensus on con­ In principle, corporate compliance with the guideli­
cepts and central issues relating to social nes and standards described in this chapter is
responsibility, and issues that various different voluntary. The Government expects Norwegian
organisations must take a position on; companies to base their international operations
– providing guidelines for how general prin­ on such guidelines and standards.
ciples for social responsibility can be transla­ In the Government’s view, it is important that
ted into concrete action; the international efforts to make the framework for
– identifying examples of best practice, from social responsibility more binding and ensure that
both the private and the public sector. it includes monitoring mechanisms are continued.
The Government intends to play a proactive role in
The process of developing the standard is probably efforts to strengthen such mechanisms in the UN
the most extensive ever carried out under the aus­ and OECD. In relation to the OECD Guidelines for
pices of the ISO. The standard is being developed Multinational Enterprises, this is being done
by a broad-based working group comprising repre­ through efforts to reinforce the role of the NCPs.
sentatives from the authorities, the private sector, Several of the initiatives described in this chapter
workers’ organisations, NGOs, consumers, acade­ are therefore somewhere between purely volun­
mia, service providers and others. A majority of the tary and binding. Joining them is a voluntary mat­
84 countries currently participating in this work ter but, once a company has joined, compliance
are developing countries. This is unique in the ISO with the requirements is subject to control.
context. In addition, roughly 40 organisations such Such initiatives are therefore often characteri­
as the OECD, UNCTAD, WHO, ILO, the UN Glo­ sed as «soft law» instruments and, in principle,
bal Compact, the GRI and Consumers Internatio­ they can be further developed with respect to grie­
nal are involved in the work. Standards Norway is vance mechanisms, documentation and transpa­
coordinating Norwegian efforts and has appointed rency requirements and sanctions. The broad pro­
a mirror committee that discusses and provides liferation and consequent harmonisation of requi­
input to the Norwegian delegation. rements for such instruments can pave the way for
The development of an ISO standard, which is legal instruments whose introduction would other­
now in its final phase, is being followed with inte­ wise have been demanding and controversial.
rest. In the Government’s view, the process will be In the Government’s view, «soft-law» instru­
worthwhile if it results in a standard that gains glo­ ments are of great importance in driving develop­
bal acceptance. However, there is still uncertainty ments forward. Such instruments can clarify requi­
about the status of such a standard. With so many rements and expectations and facilitate a coordina­
countries involved and the requirement of consen­ ted effort on the part of the private sector, the
sus, the final result may well be the lowest common authorities and NGOs. Such initiatives can, not
denominator. The importance of ISO 26000 will least, stimulate voluntary participation in schemes
probably vary from country to country. It will for effective verification of compliance with the
depend to a great extent on the final wording of the requirements. It is important that companies
standard and the experience of and interest shown obtain information about these instruments and
by opinion leaders. guidelines and apply those that are most suited to
their operations.
The Government will participate actively in
The Government efforts to consolidate, further develop and
• is participating actively in the development of increase adherence to international frameworks
ISO 26000; that, in various ways, promote social responsibility
• is of the view that the process of developing an and transparency in the private sector. The
international guiding standard for social Government will support efforts to further develop
responsibility will represent an important step and realise synergies between the different stan­
in the direction of a common international dards and principles of the UN, the OECD and
framework. ILO.
The Government views the development of
international frameworks for the private sector’s
operations as the best solution for governing the
2008– 2009 Report No. 10 to the Storting 75
Corporate social responsibility in a global economy

global economy and addressing fundamental chal- competition. International processes that can influ­
lenges facing society. International norms and ence the framework for the private sector’s opera-
standards also help to ensure equal conditions of tions are discussed in the following chapter.
76 Report No. 10 to the Storting 2008– 2009
Corporate social responsibility in a global economy

7 International initiatives and processes for social


responsibility

Figure 7.1

Corporate social responsibility concerns what 7.1 Groundbreaking work in the UN on


companies do beyond complying with applicable human rights and business
legislation in the countries where they operate.
Moreover, in most areas where companies are There have been extensive discussions in recent
expected to exercise social responsibility, efforts years about whether companies can be held legally
are being made to develop conventions and other liable for human rights violations. Since 2003, the
more binding mechanisms. This applies in particu­ UN has been endeavouring to map the private sec­
lar to human rights, working conditions, the envi­ tor’s responsibility for human rights, including in
ronment and combating corruption. More binding relation to legal liability. Norway participates acti­
frameworks in these areas impact the framework vely in this work.
conditions for corporations and their social respon­ In 2003, a working group under the UN Sub-
sibility. Commission on the Promotion and Protection of
The Government seeks to be a driving force for Human Rights drafted the «Norms on the Respon­
the adoption of more binding frameworks for com­ sibilities of Transnational Corporations and Other
panies through the creation of instruments that Business Enterprises with regard to Human
oblige states to regulate their private sectors in Rights», which assumed that companies had legal
relation to human rights, working conditions, the obligations in relation to human rights. When the
environment and combating corruption. draft norms were submitted to the member states
This work is being carried out in several are­ of the UN Human Rights Commission in 2004, they
nas. The Special Representative of the UN were rejected. Several of the member states oppo­
Secretary-General on human rights and business sed holding non-state entities directly accountable
plays a central role in efforts to devise a framework for human rights violations as they felt this would
that has direct relevance for businesses. The ILO is dilute state responsibility. The Human Rights Com­
working to implement its action plan The Decent mission made it clear that the draft entailed no
Work Agenda. A number of processes are ongoing legal obligations. Several of the member states did,
in relation to the environment, including the however, point out that the draft norms contained
development of an international climate regime to useful elements and ideas. It was against this back­
follow up the Kyoto Protocol. The implementation drop, and following a resolution adopted by the UN
of the UN Convention against Corruption is Human Rights Commission, that the UN
another important example. Secretary-General in 2005 appointed a Special
Representative for human rights and business.
2008– 2009 Report No. 10 to the Storting 77
Corporate social responsibility in a global economy

Special Representative to operationalise it in the


7.1.1 The Special Representative of the next three years by providing:
UN Secretary-General – Concrete and practical recommendations on
The work being done by the UN Secretary-Gene­ ways to strengthen the fulfilment of the duty of
ral’s Special Representative to clarify the private the state to protect against human rights viola­
sector’s responsibility for human rights is ground- tions by business enterprises.
breaking. It is the first time a framework has been – Concrete guidance to business and other sta­
developed with the broad support and cooperation keholders on the content of the corporate
of the authorities, civil society and the private sec­ responsibility to respect human rights («guid­
tor that holds non-state entities responsible for ing principles»).
human rights violations. For Norway, it is impor­ – Recommendations for enhancing access to
tant that norms are developed under the auspices effective remedies for those whose human
of the UN, as this lends legitimacy to the process rights are impacted by corporate activities.
and shows that the UN can be innovative.
The Special Representative’s mandate in 2005 Several civil society organisations have been dri­
was five-fold. He was to identify and clarify stan­ ving forces for the UN’s work and have participa­
dards of corporate responsibility and accountabi­ ted actively in the process to extend the Special
lity with regard to human rights and to elaborate Representative’s mandate. Many organisations
on the role of states. He was then to look more clo­ find that the UN is moving too slowly. They have,
sely at concepts such as «complicity» and «spheres among other things, expressed a wish for the man­
of influence». He was also to develop materials and date to include the right to make on-site visits to
methodologies for undertaking human rights countries and to receive complaints. Nonetheless,
impact assessments of business activities and pro­ the resolution enjoyed broad support, including
vide examples of best practice. from civil society organisations.
The Special Representative held a number of Continued involvement and participation on
consultations and conducted studies that resulted the part of civil society organisations is important.
in several reports. Since the earlier draft norms They are the principal spokespersons for victims of
had failed to obtain the broad support of the parties human rights violations. They can contribute both
involved, the Special Representative concentrated knowledge of local conditions and documentation
on finding pragmatic solutions. A final report was of concrete violations to the UN process. The par­
submitted to the UN Human Rights Council in May ticipation of civil society organisations confers rele­
2008. The report outlines a three-pillar framework vance and legitimacy on the process.
based on the key concepts «protect, respect and With a renewed mandate and the backing of a
remedy»: unanimous Human Rights Council, the Special
– The state duty to protect against human rights Representative now has good prospects of achie­
abuses by third parties, including business. ving greater normative clarity in the area. Consul-
– The corporate responsibility to respect human
rights.
– The need for more effective access to reme­
dies.

Norway has supported this work, both politically


and financially. Norway was responsible for pro­
cessing the report and for extending the Special
Representative’s mandate when the report was
considered by the UN Human Rights Council in
June 2008. In order to secure broad transregional
support, Norway drafted a Human Rights Council
resolution in collaboration with a core group con­
sisting of Argentina, India, Nigeria and Russia.
Norway also established close collaboration with
the EU and Canada at an early stage in the process.
After a lengthy negotiating process, the Human Figure 7.2 UN Declaration of Human Rights on a
Rights Council adopted the resolution, which sup­ wall in Durban, South Africa.
ports the conceptual framework and requests the Photo: Jan Speed. (c) Norad: Aid News.
78 Report No. 10 to the Storting 2008– 2009
Corporate social responsibility in a global economy

tations with governments, the private sector, inter­ Human Rights Council as part of the Universal
national organisations, civil society and other Periodic Review in 2009.
actors will continue to be a central element.
Together, we can work for better protection against
corporate human rights violations. 7.2 Global labour standards
Decent working conditions and respect for wor­
The Government will kers’ rights are prerequisites for a just society. The
• continue to be a driving force in the ongoing International Labour Organisation (ILO) is the
work of the UN on business and human rights main body responsible for drawing up core labour
• follow up the recommendations of the UN Spe­ standards. The framework for safeguarding wor­
cial Representative; kers’ rights is expressed in ILO conventions, in
• continue to support the Special Representa­ particular its core conventions, cf. Box 3.5.
tive’s work both politically and financially; Norway has participated actively in the ILO
• take concrete initiatives for consultations on since it was founded in 1919 and has traditionally
corporate human rights responsibility and been one of its largest voluntary contributors. Nor­
further develop cooperation with individual way’s contribution to the ILO has largely been
countries; earmarked for combating child labour. Norway
• raise the issue of corporate human rights has also given priority to strengthening the social
responsibility in Norway’s human rights dialo­ partners and cooperation between them, gender
gues with China, Vietnam and Indonesia; equality and women’s rights in the workplace, and
• continue to cooperate with NGOs; combating other forms of discrimination.
• include information on corporate social As regards the social dimension of globalisa­
responsibility in Norway’s report to the tion, the ILO points out that the poor have reaped
few benefits from the major economic results of

Figure 7.3 Textile workers in Bangladesh protest against the killing of several demonstrators by the
police during a demonstration to demand payment of statutory holiday pay.
Photo: Fernando Moleres/Panos Pictures/Felix Features.
2008– 2009 Report No. 10 to the Storting 79
Corporate social responsibility in a global economy

globalisation. This is because far too few countries – Social insurance rights and standards at work
have a socially just distribution policy, and in many – Protection of workers’ rights as expressed in
places globalisation has not helped to create new the ILO conventions, with an emphasis on the
jobs. The ILO has responded to this challenge with core conventions
an action plan, The Decent Work Agenda.
The ILO Decent Work Agenda is based on the An element in the agenda is what is known as
conviction that the fight against poverty must be «Decent Work Country Programmes», which the
part of a comprehensive change whereby people ILO is following up by advocating that they be
get decent and productive jobs, where fundamental mainstreamed in developing countries’ develop­
labour standards are respected and where jobs ment strategies.
deliver a fair income. Equality is a recurrent theme Norway participated in drawing up the ILO
in the agenda, which rests on four main pillars: declaration of June 2008, Social Justice for a Fair
– Full employment Globalization. The declaration emphasises strengt­
– Social dialogue at work and strengthening the hening the connection between trade-related fac­
social partners and their role in designing tors and workers’ rights, and places social justice
economic policy on a par with economic efficiency. The declaration

Box 7.1 The Government’s strategy for promoting workers’ rights globally

1. Norway will intensify its efforts to promote wor­ 5. Safeguarding workers’ rights in other coun­
kers’ rights on a global level. This will be done tries will be an important aspect of the Govern­
both through policy initiatives vis-à-vis the ment’s business policy and its efforts to enco­
ILO and through foreign policy, develop­ urage Norwegian companies to exercise social
ment policy, trade policy, ownership policy responsibility. The state, in its role as owner,
and labour policy. Policy coordination in this expects companies to demonstrate social
area will also be improved. responsibility. Companies’ operations must
2. Norway’s policy vis-à-vis the ILO will be be carried out in accordance with fundamen­
further developed. This could be done by tal human rights, and the same requirement
increasing Norway’s financial contribution to must apply to business partners and suppli­
the ILO, by enhancing knowledge of the ILO ers. The Government expects Norwegian
and its work in Norway, and by facilitating companies to base their operations on the
closer contact and cooperation with the ILO. eight ILO core conventions and to have good
3. Promotion of workers’ rights in other countries HSE standards that ensure the health and
will be given higher priority in foreign policy safety of employees. Norwegian companies
and development policy. Respect for workers’ must also have systems to ensure this is fol­
rights, particularly the eight ILO core con­ lowed up in practice.
ventions, will be made a criterion when 6. A special effort will be made to strengthen the
assessing how to prioritise the use of Norwe­ verification and enforcement of legislation
gian development funds. Everyone who concerning labour standards. This could for
works on development projects should have instance be done through development
working conditions that as a minimum policy, the work in the ILO and by the Nor­
comply with the eight ILO core conventions. wegian Labour Inspection Authority coope­
4. Norway will also play a proactive role in efforts rating with corresponding authorities in
to promote the importance of decent work in other countries.
the area of trade policy, for example in bilate­ 7. Norwegian experience will be used to improve
ral, multilateral and regional trade agre­ working environment monitoring in other
ements. countries. The expertise of the National Insti­
tute of Occupational Health (STAMI), with
the recently established National Sur­
veillance System for the Working Environ­
ment and Occupational Health (NOA), will
be utilised in this work.
80 Report No. 10 to the Storting 2008– 2009
Corporate social responsibility in a global economy

underlines that the violation of fundamental prin­ Government will engage in close dialogue with the
ciples and rights at work cannot be invoked or social partners. The content of the strategy will the­
otherwise used as a legitimate comparative advan­ refore be concretised and further elaborated in the
tage and that labour standards should not be used Norwegian ILO committee.
for protectionist trade purposes. At its autumn session in 2008, the UN General
The declaration places full employment at the Assembly adopted a resolution supporting the
centre of economic policy, recommends an active Social Justice for a Fair Globalization declaration.
social policy and calls for dialogue between the The resolution, for which Norway took the initia­
social partners. It stresses the importance of tive, urges all relevant actors to contribute to imple­
respecting and protecting the fundamental rights mentation of the declaration. This was part of the
of workers. Freedom of association and the right to follow-up of the Government’s strategy for promo­
collective bargaining are especially important. By ting workers’ rights globally and a direct result of
providing decent working conditions, the member the Decent Work Conference in Oslo.
states can promote development and social justice. The Government will work for universal ratifi­
Labour standards have been a controversial cation of the ILO core conventions. Norway will
issue in the WTO, and they were not included in also advocate that the national enforcement
the negotiating mandate for the current DOHA mechanisms in member states be strengthened.
round. In February 2007, the ILO and WTO Secre­ Many countries have ratified the ILO core conven­
tariats submitted a joint report on trade and tions and adopted acceptable labour legislation,
employment, which proposed possible ways of but lack the resources to implement and enforce
further developing cooperation between the orga­ them. Issues related to workers’ rights will also be
nisations. raised in Norway’s human rights dialogue with
In September 2008, the Ministry of Foreign China.
Affairs, in collaboration with the Norwegian Fede­ As a first step in the implementation of the stra­
ration of Trade Unions and the Confederation of tegy, Norway signed an agreement in September
Norwegian Enterprise, organised an international 2008 with the ILO in which it pledged NOK 100 mil­
conference in Oslo entitled Decent Work – a Key to lion over a two-year period (2008–2009) to promote
Social Justice for a Fair Globalisation. The Direc­ decent working conditions. Half of the Norwegian
tors General of the ILO and the WTO both took contribution will be devoted to promoting gender
part, along with leaders of the international labour equality and women’s rights in the workplace,
movement and the global business community. An including measures to combat forced labour and
important aim of the conference was to identify human trafficking.
ways of safeguarding workers’ interests in the glo­
balised economy. Strengthening the ILO and achie­
ving better coordination of work of the ILO and the The Government
WTO are important in this context. • sees the need for a more coherent policy for
The need for greater coherence between the promoting workers’ rights globally;
interests and attitudes of states in various interna­ • is of the view that further strengthening and
tional forums was discussed at the conference. protection of global labour standards and wor­
Membership of both the ILO and the WTO entails kers’ rights should primarily be carried out
a responsibility on the part of the authorities to be under the auspices of the ILO;
consistent. Proposals were put forward at the con­ • will base these efforts on its strategy for
ference to set up international forums to discuss strengthening and coordinating efforts for
ways of achieving greater coherence between the worker’s rights in other countries;
authorities’ handling of workers’ rights and other • assumes a special responsibility for following
important issues in international organisations. up and supporting the ILO Declaration on
The Government’s seven-point strategy for pro­ Social Justice;
moting workers’ rights globally (see Box 7.1) was • will work for the establishment of international
presented at the conference. The ongoing Norwe­ forums where improved coherence of the
gian debate has revealed a need for stronger and work in various international organisations
more closely coordinated efforts in various policy such as the ILO, the WTO and the OECD can
areas and within the various ministries. The stra­ be discussed;
tegy will complement efforts to combat social dum­ • will promote the importance of workers’ rights
ping in Norway. In its continued efforts, the in trade agreements.
2008– 2009 Report No. 10 to the Storting 81
Corporate social responsibility in a global economy

7.3 Environmental and climate


cooperation Box 7.2 The most important
environmental conventions
One of the greatest challenges on the environmen­
tal front is halting the loss of biodiversity. Loss of
biodiversity has been identified as an obstacle to Global conventions and protocols
achieving the UN Millennium Goals. Norway’s
goal is to halt such loss by 2010. The Convention – The UN Framework Convention on Cli­
on Biological Diversity (CBD) is the central inter­ mate Change (UN-FCCC)
national framework for work towards this goal. The – The Kyoto Protocol under the Climate
Convention has three objectives: the conservation Change Convention
of biological diversity, the sustainable use of its – The Montreal Protocol on Substances that
components, and the fair and equitable sharing of Deplete the Ozone Layer
the benefits arising out of the utilisation of genetic – The Convention on Biological Diversity
resources. The deterioration of ecosystems and (CBD)
loss of ecosystem services also pose a risk to busi­ – The Cartagena Protocol on Biosafety
nesses. under the CBD
In its efforts to strengthen the CBD, Norway – The UN Convention to Combat Desertifi­
will give priority to the following in the period lead­ cation
ing up to the next Conference of the Parties (COP), – The Ramsar Convention on Wetlands
to be held in 2010: – The Convention on Migratory Species
– developing a binding regime in the form of a (CMS) and the Convention on Internatio­
protocol under the CBD for fair access to and nal Trade in Endangered Species of Wild
equitable distribution of genetic resources; Fauna and Flora (CITES)
– implementing decisions under the convention, – The UNESCO Convention Concerning
with particular focus on the protection of both the Protection of the World Cultural and
land and marine areas; Natural Heritage
– enhancing the knowledge base in order to – The Basel Convention on the Control of
safeguard natural diversity; Transboundary Movements of Hazar­
– reporting in relation to the 2010 objective and dous Wastes and their Disposal
developing new objectives and strategies for – The Stockholm Convention on Persistent
the CBD. Organic Pollutants

The situation as regards hazardous chemicals Regional conventions and protocols


gives cause for international concern. Industrial
effluents and emissions have been greatly reduced – The Convention on Long-range Transbo­
in Norway and other Western nations, and levels of undary Air Pollution (LRTAP)
known environmental toxins are falling. However, – The Gothenburg Protocol under the
there are a large number of substances that are LRTAP
potentially harmful to health and the environment, – The OSPAR Convention for the Protection
and these substances are transported over long of the Marine Environment of the North-
distances by atmospheric and ocean currents and East Atlantic
in products. The challenges posed by new environ­ – The Århus Convention on Access to Infor­
mental toxins are increasing, while poor control of mation, Public Participation in Decision-
waste treatment and effluents and emissions is a making and Access to Justice in Environ­
serious problem in many countries undergoing mental Matters
rapid industrial development. – The Bern Convention
During the past 25 years, a number of global
environmental conventions have been negotiated
under the auspices of various UN bodies, dealing Climate change is the greatest transboundary
inter alia with biodiversity and natural resources, challenge in the environmental field. Climate
the climate, ozone, environmental toxins, chemi­ policy affects all countries and all sectors of society.
cals, desertification and cultural heritage. A num­ The central framework for international climate
ber of regional conventions have also been conclu­ cooperation is the UN Framework Convention on
ded, including some European conventions. Climate Change. It is the basis for the Kyoto Proto­
82 Report No. 10 to the Storting 2008– 2009
Corporate social responsibility in a global economy

col, and should be the basis for subsequent climate Kyoto Protocol. It is therefore very important that
agreements. The Climate Change Convention was the International Maritime Organization (IMO)
adopted in May 1992. It entered into force on 21 and the International Civil Aviation Organization
March 1994 and has been ratified by 192 countries. (ICAO) follow up climate change issues related to
The Kyoto Protocol to the Climate Change international shipping and aviation, and that the
Convention involves a commitment by industrial ambitions here are in line with those set out in the
countries to reduce their collective greenhouse Climate Change Convention.
gas (GHG) emissions during the period 2008–2012 In the run-up to the Copenhagen climate sum­
by about 5 % in relation to the 1990 level. The Pro­ mit in 2009, efforts are being made to put in place
tocol contains stringent and far-reaching provi­ an international climate change agreement. If it is
sions concerning controls and sanctions. However, to respond to today’s climate challenges, the new
the countries that have made a quantitative com­ international agreement must be more ambitious
mitment under the Kyoto Protocol only account for than the Kyoto Protocol, and it must result in lar­
approximately 30 % of global GHG emissions. ger, more extensive emissions reductions and be
Some of the countries that have not ratified the binding on more countries. The developing coun­
Protocol (China, India and Brazil) have rapidly tries in particular have argued that climate agre­
increasing emissions, while the USA is still respon­ ements should be based on the polluter pays prin­
sible for the largest share of global greenhouse gas ciple. A system for emissions trading between
emissions. countries can help to ensure that emissions
Under the Kyoto Protocol, rules and institu­ reductions are made at the lowest possible cost,
tions to facilitate the implementation of emission- while sharing the burden fairly between countries.
reducing measures in developing countries have Norway has proposed auctioning some of the emis­
been adopted through the Clean Development sions allowances to raise money for climate measu­
Mechanism (CDM). res in developing countries. The industrialised
Due to their distinctive nature, emissions from countries must also take particular responsibility
international shipping and aviation have not been for developing climate-friendly technology.
included in the quantitative commitments of the

Figure 7.4 Deforestation in the Amazon, where the rainforest has had to give way to cultivated land.
Photo: Eduardo Martino/Panos Pictures /Felix Features.
2008– 2009 Report No. 10 to the Storting 83
Corporate social responsibility in a global economy

session of the Conference of States Parties held in


The Government Indonesia in January 2008, a resolution was passed
• intends that Norway should be a leading nation to work towards the adoption of terms of reference
in environmental policy and play an active and for an implementation mechanism at the third ses­
constructive role in solving global and regional sion in 2009. Norway is also a member of a working
environmental problems; group that will propose measures that will make it
• is working actively to promote ambitious and practically possible to return the proceeds of cor­
globally binding international environment ruption from one country to another. Norway also
agreements; supports a joint UN and World Bank initiative to
• is working to promote new and more ambiti­ assist countries to recover identified stolen assets
ous commitments under the Convention on abroad – the Stolen Asset Recovery Initiative
Biological Diversity; (StAR).
• is working to promote a more comprehensive Norway is also participating in the develop­
and ambitious international climate change ment of international law against corruption in the
agreement to follow the Kyoto Protocol; OECD and the Council of Europe. The OECD Con­
• intends that Norway should be a driving force vention of 1997 on Combating Bribery of Foreign
for more stringent international regulation of Public Officials in International Business Transac­
hazardous substances; tions has been important in the international fight
• is working to promote a more stringent envi­ against corruption. The Convention is binding on
ronmental regime as part of its efforts to all the OECD countries, plus Argentina, Brazil,
strengthen the UN; Bulgaria, Chile, Slovenia, Estonia and South Africa.
• will seek to ensure that international fram­ A central objective in future work on the Conven­
ework conditions in areas other than the envi­ tion will be to extend membership to include
ronment promote environmentally friendly «new» major economic powers such as China,
development at the global, regional and inter­ India and Russia.
national level. Norway is a member of the working group
under the OECD Convention on Combating Bri­
bery of Foreign Officials. The group is currently
7.4 Efforts to combat corruption revising anti-corruption instruments and desig­
ning a new phase in which member states’ national
The Government’s aim is to promote universal follow-up of the Convention will be further evalua­
adherence to the UN Convention against Corrup­ ted. Norway has ratified the Council of Europe Cri­
tion (UNCAC) and effective implementation of its minal Law and Civil Law Conventions on Corrup­
provisions. The purpose of the anti-corruption tion and is an active member of GRECO, the body
efforts in the UN is to intensify efforts to establish that monitors the parties’ compliance with the Con­
a universal norm of zero tolerance of corruption ventions. The GRECO member states evaluate
and to strengthen international cooperation to pre­ each other. The second evaluation round is now in
vent, investigate and prosecute corruption. There progress. The implementation and practice of cri­
are many obstacles to this – not only differing juris­ minal sanctions that are relevant to the Council of
dictions and lack of knowledge and enforcement Europe Criminal Law Convention on Corruption,
capacity, but also lack of transparency and willing­ and transparency around the funding of political
ness to cooperate. parties, are topics of the evaluation.
The UN Convention against Corruption ente­ Through the EEA financial mechanisms, Nor­
red into force in 2005 and was ratified by Norway way supports projects and other activities aimed at
in 2006. The Convention enjoys wide support; as of promoting good governance and combating cor­
September 2008 there were 122 parties and 140 ruption. Good governance is an essential conside­
signatories. It targets both the private and the ration that must be ensured in all projects that
public sectors. It contains provisions on preventive receive support. For example, the Office of the
measures, criminalisation obligations, internatio­ Auditor General of Norway has been allocated
nal cooperation on criminal matters, recovery of funds to organise networks with its contact points
the proceeds of corruption, and technical assis­ in beneficiary states. This work will be followed up
tance and follow-up. by policy dialogues with beneficiary states linked
Norway actively supports the efforts to design to the EEA mechanisms.
a mechanism to ensure the implementation of the Norway is one of the most active supporters of
UN Convention against Corruption. At the second the development banks’ efforts to combat corrup­
84 Report No. 10 to the Storting 2008– 2009
Corporate social responsibility in a global economy

tion and promote good governance. The multilate­ 7.5 Trade and international
ral banks have produced blacklists of companies cooperation
charged with corruption, which will be excluded
from future projects. The World Bank has set up a The international trade regime primarily consists
special programme for companies that wish to coo­ of the WTO agreements, but also includes a large
perate, known as the «Voluntary Disclosure Pro­ number of bilateral trade and cooperation agre­
gram». Companies that put all their cards on the ements. The agreements constitute an important
table will avoid being blacklisted and can cooperate part of the international framework conditions for
with the World Bank on combating corruption. companies.
Norway also supports measures to combat money The authorities are working to strengthen the
laundering and the financing of terrorism through agreements concerning protection of human
the International Monetary Fund (IMF). rights, workers’ rights, environmental protection
and combating corruption in various international
forums. It is important in this context to ensure
7.4.1 Capital flight and secrecy jurisdictions that trade policy rules do not pose an obstacle to
Norway has helped to put illegal capital flows and international solutions in these areas and that they
their consequences for developing countries on contribute as far as possible to finding good solu­
the agenda. Norway chairs an informal internatio­ tions.
nal working group under an initiative designed to With this in view, the Government will raise
identify innovative mechanisms to finance develop­ issues relating to corporate social responsibility in
ment assistance. The group is seeking to obtain negotiations and dialogues on trade-related issues
knowledge about the mechanisms that contribute with other countries.
to illegal capital flight from developing countries, The main aim of the World Trade Organisation
and will propose possible policy measures to (WTO) is to further develop a rule-based, open tra­
reverse this development. The role played by ding system that will create better conditions for
secrecy jurisdictions (tax havens) is one of the economic growth and prosperity, not least in the
issues it will consider. developing countries. The Government considers
In addition, the Government appointed an it important to contribute to further developing the
expert committee in March 2008 to examine the WTO rules into the best possible tool for a fair glo­
role of secrecy jurisdictions in relation to capital bal trade regime, and ensuring the implementation
flight from developing countries and to evaluate of the rules. In the Government’s view, the conclu­
Norway’s position as regards the investment of sion of the negotiations in the Doha Development
assets via secrecy jurisdictions. The committee is Round would be a positive step in addressing the
scheduled to submit its recommendation to the difficult global economic situation we face today.
Minister of the Environment and International With a few indirect exceptions, the WTO rules
Development by 1 June 2009. contain no provisions on core labour standards.
Nor are core labour standards or decent work part
of the mandate for the current Doha Round negoti­
The Government ations. It will not be possible to raise the issue in
• is working to persuade more countries to the WTO until the ongoing negotiations have been
adhere to and implement the UN Convention concluded. Many developing countries fear that
against Corruption and for the establishment of such provisions could be used for protectionist pur­
a mechanism to ensure implementation; poses and that they would discriminate against
• will examine the role of secrecy jurisdictions countries whose comparative advantage lies in low
as facilitators of illicit financial flows; wage levels. The ILO declaration of June 2008
• is assisting developing countries, both bilate­ could be a step towards allaying this fear, cf. Chap­
rally and through multilateral organisations, in ter 7.2. The Government will seek to emphasise
establishing good governance and systems for the importance of workers’ rights in the WTO
combating corruption. agreements once the Doha Round has been con­
cluded.
There is growing international debate about
the extent to which environmental and climatic
considerations should also be reflected in trade
policy rules. Sustainable development is mentio­
ned in the preamble to the 1994 Marrakesh Agre­
2008– 2009 Report No. 10 to the Storting 85
Corporate social responsibility in a global economy

ement that established the WTO in 1994 and in the important element in connection with bilateral
general exception provisions of the WTO agre­ investment treaties (BITs).
ements. There is, however, still some international
disagreement on the relationship between the
WTO rules and multilateral environment agre­ The Government
ements (MEAs). Norway is working actively to • will advocate integrating CSR into international
ensure that trade policies and environmental poli­ agreements and dialogues where this is appro­
cies are mutually supportive in practice. priate;
Norway’s bilateral trade agreements are prima­ • will cooperate bilaterally on training in and the
rily negotiated through EFTA. There is agreement transfer of expertise on CSR.
among the EFTA states that environmental and
sustainable development considerations should be
included in the preambles to trade agreements. 7.6 International frameworks and
The environmental question is also touched on in national guidelines
the substantive provisions, such as those relating
to SPS (sanitary and phytosanitary measures) and Some people in Norway have advocated introdu­
TBT (technical barriers to trade). The incorpora­ cing national guidelines for Norwegian companies’
tion of environmental provisions into trade agre­ operations abroad. In this and the previous chap­
ements is a rapidly growing area. Canada, the USA ter, a number of international guidelines, frame­
and the EU member states are among the coun­ works and processes have been discussed that
tries that have incorporated the most comprehen­ help to concretise the Government’s expectations
sive environmental provisions into recent trade of the private sector and to establish clearer fram­
agreements. eworks. In the Government’s view, the OECD Gui­
A working group has been set up under the aus­ delines for Multinational Enterprises constitute
pices of EFTA to examine whether more binding highly significant rules for the transboundary acti­
environmental provisions can be included in future vities of Norwegian companies. The Government
EFTA trade agreements and, if so, how this can be expects Norwegian companies to familiarise
done. Such provisions could, for example, contain themselves with these guidelines and apply them
references to international cooperation, the imple­ in their operations. This framework meets the
mentation of national environmental legislation need for national guidelines for Norwegian compa­
and closer bilateral cooperation on the environ­ nies’ international activities.
ment. This work will continue in accordance with The OECD Guidelines are voluntary as regards
the Government’s fundamental approach, which is companies’ activities abroad, but they deal with
to promote an international trade regime in which many issues that have already been incorporated
decisive importance is attached to the environ­ into legislation and agreements in Norway. In the
ment, labour and social rights, food security and debate about national guidelines for Norwegian
development in poor countries. companies, the question has also been raised of
The Government considers it important that whether the guidelines should be legally binding
Norway stresses the significance both of corporate on the companies as regards their activities
social responsibility and of the state’s responsibi­ abroad, i.e. whether violations of the guidelines
lity for good public administration when conclu­ can be pursued in the Norwegian courts. The
ding bilateral trade agreements. This has now been question remains whether there are grounds for
included in the preambles to several EFTA trade establishing further legal remedies or sanctions to
agreements and the provisions have legal signifi­ follow this up within the framework of Norwegian
cance as a basis for interpreting the agreements. legislation. This is discussed in greater detail in the
Corporate social responsibility will also be an next chapter.
86 Report No. 10 to the Storting 2008– 2009
Corporate social responsibility in a global economy

8 Evaluation of legal instruments

Figure 8.1

It has been argued that the social responsibility of The Norwegian Confederation of Trade Unions
Norwegian companies operating abroad should be (LO) argues that national legislation, the social dia­
legislated. The underlying rationale is that more logue and the agreements concluded between the
and more Norwegian companies are operating in social partners are the most important tools that
countries and regions where there are serious Norwegian businesses can take with them when
human rights violations and whose judiciaries, relocating production or setting up new companies
national legislation and democratic institutions are abroad. LO does not, therefore, currently see the
weak and ineffective. need for binding national guidelines for corporate
The Norwegian Forum for Environment and social responsibility.
Development (ForUM) and Amnesty International LO points out that the combination of the legis­
Norway, for example, have advocated drawing up lation, arrangements and certification systems that
binding national guidelines that set minimum are already in place is adequate provided that they
social responsibility standards for financial institu­ are complied with. It is of the view that voluntary
tions and business enterprises, regardless of arrangements, action plans developed by indivi­
where they operate. ForUM also advocates exten­ dual companies and good checklists can be useful
ding corporate management responsibility in supplements for Norwegian companies setting up
practice by making managers personally liable for business abroad.
the consequences of their company’s operations in When the Norwegian Limited Liability Compa­
the case of serious transgressions. They also nies Act was revised in 2006, a majority in the Stan­
maintain that companies and financial institutions ding Committee on Justice urged the Government,
should have actual legal liability based on Norwe­ in a comment, to evaluate the need for national gui­
gian criminal law, including for acts committed out­ delines for corporate social responsibility abroad
side Norwegian territory. and present the results to the Storting (the Norwe­
The social partners have a different approach. gian parliament) in the appropriate manner. It is
The Confederation of Norwegian Enterprise reasonable to interpret this as a signal that the
(NHO), emphasises the importance of internatio­ Committee on Justice does not consider company
nal agreements and guidelines for the private sec­ law to be the appropriate place to promote the con­
tor that are adapted to national legislation. It consi­ siderations concerning specific challenges abroad
ders that special Norwegian rules for companies’ that are dealt with in this report.
international operations would have a limited effect In this chapter, we will discuss other national
on international developments. In NHO’s opinion, legal instruments in relation to companies’ opera­
developments can best be influenced on the inter­ tions abroad.
national level.
2008– 2009 Report No. 10 to the Storting 87
Corporate social responsibility in a global economy

8.1 Criminal sanctions One example is ILO Convention 182 concer­


ning the abolition of the worst forms of child
As shown in Chapter 1, corporate social responsibi­ labour. Article 7 of the Convention prescribes
lity is neither a legal nor a judicial concept, refer­ penal or other appropriate sanctions to prevent
ring instead to something over and above what prohibited child labour. Chapter III of the UN Con­
companies are legally liable for pursuant to the vention against Corruption of 31 October 2003 con­
applicable legislation in the countries in which they tains detailed criminalisation obligations. Conven­
operate or are established. tions that harmonise criminal law provisions open
In normal legal language, if standards and for the prosecution of acts committed abroad –
norms are legally binding, any violation is unlawful either explicitly (as in Article 42 of the UN Conven­
and may be subject to sanctions. tion against Corruption) or implicitly, through
international law in general.
A steadily increasing number of international
8.1.1 General limitations of international law standards contain an element of criminal law har­
Norwegian criminal law is applicable to acts com­ monisation. This increases companies’ responsibi­
mitted on Norwegian territory (the territorial prin­ lity for respecting these standards, while also
ciple). In certain cases, Norwegian law may be paving the way for close cooperation between the
applicable outside Norway, if the act has been com­ authorities of different states on the proscription
mitted abroad by a Norwegian national or person and combating of prohibited acts.
domiciled in Norway or on behalf of a business
enterprise registered in Norway (the nationality
principle). According to Chapter 16 of the Norwe­ 8.1.3 Norwegian criminal legislation
gian General Civil Penal Code of 2005, serious Norwegian criminal legislation determines
international crimes committed by non-Norwegian whether violations abroad of international norms
nationals abroad, or crimes targeting the Norwe­ of this kind may be prosecuted by Norwegian aut­
gian state (the protective principle), may also be horities. At present, the vast majority of serious
prosecuted in Norway. offences committed abroad by persons domiciled
A universality principle without limitations, i.e. in Norway may be prosecuted in Norway. As a
a principle whereby all Norwegian criminal legisla­ general rule, the offence must also be a crime in
tion would be applicable to acts by all non-Norwe­ the country in which it was committed (the double
gian nationals abroad, would probably be incompa­ criminality requirement). Most serious offences
tible with international law. In a less general form, may, however, be prosecuted in Norway regard­
however, the individual state may be entitled under less of whether the offence was prohibited in the
international law to determine the extent to which country in which it was committed. This applies,
its own criminal legislation is to apply to acts com­ for example, to offences against personal liberty,
mitted by non-nationals abroad. The development life and health (slavery, forced labour, etc.) and
of international conventions and treaties that economic crime such as corruption.
oblige adhering states to criminalise specific acts Once the new General Civil Penal Code of 2005
supports the application of a universality principle enters into force, the criminal prosecution in Nor­
with limitations. way of acts committed abroad will be permitted
notwithstanding the requirement of double crimi­
nality provided that the acts are specified in the
8.1.2 The development of international Penal Code (section 5, subsections 2 to 4, lists spe­
criminal law norms cific offences that may be subject to a penalty
Criminal law provisions are becoming increasingly under Norwegian law even if the double crimina­
harmonised through the adoption of international lity requirement has not been met). This will also
standards for prohibited acts. Core international apply to cases where international law entails an
labour standards such as those relating to forced obligation or a right to prosecute such acts (section
labour, child labour, etc., are affected by this, as are 6).
economic crimes such as money laundering and As regards other cases in which companies are
corruption. This is relevant to a broader assess­ perceived as not having exercised social responsi­
ment of instruments regulating corporate social bility abroad, there are only grounds for criminal
responsibility at the international level. prosecution in Norway if the conditions of the
Penal Code have been met.
88 Report No. 10 to the Storting 2008– 2009
Corporate social responsibility in a global economy

international criminalisation obligations, when the


8.1.4 Evaluation act in question is a serious offence under Norwe­
A broad consensus on international legislation to gian law or where it is also a criminal offence under
prevent child labour, secure adequate protection of the legislation of the host country (double crimina­
workers, prevent pollution and other environmen­ lity).
tally harmful activity and prevent the exploitation
of minorities and indigenous population groups are
common goals. Today there is a comprehensive set The Government
of international standards that regulate these • considers that the recent increase in the num­
issues, cf. Chapter 7. The standards are largely ber of global instruments entailing criminalisa­
based on generally accepted values that Norwe­ tion obligations paves the way for more effec­
gian companies should take into account in their tive protection of the most fundamental stan­
activities. dards for companies’ international operations;
There is substantial disagreement between • does not consider it expedient to propose uni­
countries as to the content of the various stan­ lateral Norwegian penal provisions concerning
dards, depending on their level of economic companies’ social responsibility with regard to
development and cultural and social structure. In their operations abroad.
some areas, however, the standards have been
generally accepted. Anti-corruption legislation in
Norway is an example of provisions than have 8.2 Civil liability
been developed and then implemented as a conse­
quence of international conventions, cf. Chapter Under Norwegian law, the basic principle is that a
3.2.4. parent company may not be held liable for loss or
The revision of the Norwegian Penal Code and damage caused by the acts of its subsidiaries. The
the evaluation of its scope has involved a careful exception is if the parent company itself has done
weighing up of the various considerations, inclu­ something that would make it liable for the loss or
ding the sovereignty of other states, due process damage.
protection and the interests of judicial economy, cf. In Proposition No. 55 (2005–2006) to the Odels­
Proposition No. 90 (2003–2004) to the Odelsting, ting, the Ministry of Justice and the Police discus­
section 13.5.2. Except in cases where there is sed whether a rule should be introduced to allow
broad international consensus on the legal protec­ limited piercing of the corporate veil in connection
tion of a social good, Norwegian prosecution of with claims for damages against a limited company
acts committed by Norwegian companies in for environmental damage, but it decided it would
another country may be perceived as unwarranted not be expedient to propose such rules.
interference in another state’s internal affairs. Ulti­ A study conducted for the Ministry points out
mately, this could mean that other states may have that shareholders’ limited liability for the commit­
grounds under international law for taking legal ments of their company is a fundamental principle
action against Norway. of general importance to society. It makes it possi­
Even though we might be in favour of higher ble to set up businesses involving risk without
international standards than those on which there exposing the participants to personal liability in the
is broad consensus today, we should nevertheless, event of loss and liability on the part of the com­
out of consideration for other states’ sovereignty, pany. It is often a precondition for investing capital
be cautious about prosecuting acts committed in a new business and is also important in relation
abroad in Norway. Consideration for due process to potential liability for environmental damage. If
protection and predictability calls for a certain shareholders were to be held directly liable, claims
degree of restraint, particularly in cases where a for compensation for environmental damage would
penal provision is not based on internationally have a greater chance than other claims of piercing
accepted norms. Consideration for efficient inter­ the corporate veil. This would be perceived as
national cooperation on the prosecution of crimes unreasonable by the company’s other creditors.
linked to several countries indicates that the har­ The study concluded that the special needs and
monisation of provisions relating to the scope of considerations that apply in this area should,
national criminal legislation would also be in our instead, be dealt with by special statutory provi­
interest. sions. The same considerations would also apply to
Criminal prosecution of acts committed abroad the matter of damages in other situations involving
should only take place in cases where there are social responsibility.
2008– 2009 Report No. 10 to the Storting 89
Corporate social responsibility in a global economy

As a general rule, we cannot exclude the possi­ this regard. Specific mention must be made of any
bility of civil liability under Norwegian law for loss damage, injuries and accidents. The report must
or damage in another country. However, a liability also contain an account of the current status of gen­
case of this nature would be challenging; the der equality in the company, with an overview of
offence would have been committed abroad and implemented or planned measures to promote
most of the witnesses and other forms of evidence equality and prevent discrimination that contrave­
would be outside Norway. The fact that evidence nes the Gender Equality Act. The report must also
would have to be obtained by means of judicial disclose any matters relating to the company’s ope­
requests to the authorities of the country in ques­ rations, including input factors and products that
tion, as well as the fact that the parties might have could have an appreciable impact on the natural
a right to be present, could prove challenging. environment. In addition, information must be pro­
vided about any environmental impact that results
or might result from a company’s activities, and
The Government any implemented or planned measures to prevent
• will continue to evaluate measures that can or reduce negative environmental impact.
help to prevent Norwegian nationals and com­
panies from committing serious environmental
crimes outside Norway. 8.3.2 The duty to provide information about
ethical guidelines
The Government advocates that the current provi­
8.3 Reporting on social responsibility sions of the Accounting Act requiring companies to
report on social responsibility factors be extended
It can be challenging to identify other legal instru­ to include a duty to provide information on the
ments that can promote greater corporate aware­ company’s ethical guidelines. It intends to submit
ness. Instruments other than purely legal ones are for consultation a bill proposing the introduction of
therefore likely to be the most important in this an additional provision requiring the largest com­
context. It is assumed that the best «sanction» in panies with an accounting obligation to state which
relation to more progressive and targeted stan­ ethical guidelines or standards for social responsi­
dards is public opinion and consumer pressure, bility they follow and what the company has done
combined with measures to raise the awareness of during the accounting year to follow up its social
employees and management in the individual com­ responsibility. Companies that do not have any gui­
panies. delines will be obliged to disclose this.
Legal instruments could nonetheless have a The purpose of incorporating such a provision
function in throwing a public spotlight on corpo­ is to highlight the importance the authorities
rate operations. An example of this is the obligation attach to social responsibility and enhance corpo­
to report social and environmental impacts that rate awareness and follow-up in this area. It should
has been or is being introduced in a number of serve as an incentive for companies to make CSR
countries, such as France, the UK, Denmark and an integral part of their day-to-day operations and
Sweden. corporate governance and risk management
regime. It could also help to ensure that sharehol­
ders, consumers and society at large are better
8.3.1 Reporting obligation under Norwegian informed about how companies approach social
law responsibility issues.
Pursuant to Norwegian law, all companies that are Among other things, an obligation to disclose
required to submit accounts must report on some which ethical guidelines or standards for social
aspects of their social responsibility, currently limi­ responsibility are used by the company and how
ted to the working environment, gender equality this responsibility is followed up will lead to greater
and environmental impact. Section 3–3 of the Nor­ management awareness of the value of emphasi­
wegian Accounting Act requires all such compa­ sing economic, social and environmental factors in
nies to give an account of specific non-financial fac­ corporate governance. It could also trigger a
tors (sustainability reporting) in the Board of review of a company’s guidelines and routines, and
Directors’ annual report. initiate a continuous assessment of possible new
According to the Accounting Act, information measures to improve practice.
must be provided on the working environment, The purpose of the Accounting Act is to help to
including an overview of measures implemented in ensure that as much information as possible is pro­
90 Report No. 10 to the Storting 2008– 2009
Corporate social responsibility in a global economy

vided to various stakeholders about a company’s the company’s environmental impact), employees
financial position, risk exposure, financial perfor­ and social and community issues to the extent
mance and other aspects of the business. There is necessary for an understanding of the develop­
a tendency today to also request non-financial ment, performance and position of the company’s
information. Investors and creditors are among the business. Companies are to include information on
users of such information. any policies relating to these matters and their
We also note that companies that operate in a effectiveness. The «comply or explain» principle is
socially and environmentally responsible manner applied.
can improve their market position and competitive­ The Norwegian proposal to extend the duty to
ness both at home and abroad. Better reporting on provide information is similar to the legislation
CSR will help to present a more holistic picture of recently enacted in Denmark. The Government
a company’s operations. Good reporting will also assumes that an information requirement relating
improve transparency and enhance the company’s to ethical guidelines will generate more relevant
reputation. information than a requirement relating to factors
The general trend in the EU seems to be to that are necessary in order to understand a com­
request companies to disclose which guidelines pany’s development, performance and position.
they use, or to state that they have no guidelines if In practice, a requirement in line with the Bri­
that is the case, rather than to make detailed legis­ tish model might exclude much of the most rele­
lative provisions. vant social responsibility information because it
In Denmark, a statutory reporting obligation would not be deemed necessary for an understan­
has recently been introduced for the 1 100 largest ding of the development, performance and position
companies and institutional investors. They are of the company’s business. A requirement linked
now obliged to give an account of their social to ethical guidelines could help to create more awa­
responsibility policy and how it is implemented in reness in companies of social responsibility in
practice. The companies must state which stan­ general, while a requirement linked to the signifi­
dards, guidelines or principles they follow, and cance for the development, performance and posi­
which follow-up systems or procedures they use. tion of a company’s business will primarily enco­
They must also give an account of what they have urage companies to consider whether environmen­
achieved through their social responsibility efforts tal or social issues have financial implications for
and their expectations of this work in the years the business. Information that is necessary to
ahead. Companies that do not have a policy in this understand the development, performance and
area must say so. This information must be inclu­ position of a company’s business will have to be
ded in the company’s annual report, which may, provided in any case pursuant to the general provi­
where appropriate, refer to information in a sepa­ sions of the Accounting Act.
rate report or to the company’s website.
The purpose of this legislative provision is to
«encourage companies and investors to look acti­ Follow-up and evaluation
vely and constructively at how their core compe­ Practice in Norwegian companies reveals that
tencies match the global challenges they face». there are few companies that currently comply
The obligation to inform is intended to motivate with the Act’s provisions on environmental repor­
companies to take a stand on «the international ting. One of the reasons is that the provisions of the
agenda». However, the way in which it meets the Accounting Act are not adequately followed up
challenges and opportunities of globalisation is up with sufficient guidance. In the Government’s
to the company itself. view, the proposal to extend the duty to provide
France has a law (2001) requiring companies to information concerning social responsibility
declare how their foreign subsidiaries comply with should be followed up by the provision of better
the ILO core conventions. Listed companies must guidance and advisory services for the private sec­
report on how they address environmental, social tor. The Ministry of Trade and Industry, the
and working environment considerations in Ministry of the Environment and the Ministry of
domestic and foreign operations. Sweden requires Foreign Affairs will contribute to improving such
state-owned companies to use the reporting tem­ guidance and advice.
plate of the Global Reporting Initiative (GRI). There are plans to conduct an evaluation of the
In the UK, the 2006 Companies Act requires actual status of corporate reporting of social
the annual reports of quoted companies to include responsibility and of whether the tools are ade­
information on environmental matters (including
2008– 2009 Report No. 10 to the Storting 91
Corporate social responsibility in a global economy

quate. The evaluation will be initiated within five social responsibility for the largest companies
years. that have an accounting obligation.

Social responsibility in the Norwegian Code of


8.4 Grievance and monitoring
Practice for Corporate Governance
mechanisms
The Norwegian Corporate Governance Board
(NUES) has drawn up a «Norwegian Code of The establishment of an ombudsman post for
Practice for Corporate Governance». The Oslo social responsibility, or an independent body for
stock exchange, Oslo Børs, stipulates that all com­ monitoring and advising Norwegian companies,
panies listed on Oslo Børs or Oslo Axess must pub­ has been proposed in certain quarters. It is argued
lish a statement specifying what they have done to that this would increase focus on the inadequate
comply with the various recommendations of the practice of social responsibility.
Code, or explaining why the company has chosen Amnesty International Norway has proposed
another solution. Information must also be provi­ the establishment of an information and monito­
ded about plans for future follow-up of the recom­ ring body or appointing an ombudsman for corpo­
mendations. Oslo Børs evaluates all annual reports rate social responsibility. The Norwegian ForUM
in relation to the recommendations of the Code. for Environment and Development advocates set­
The results are publicised, including the names of ting up a public advisory service for international
companies that have failed to comply with the business and an index of Norwegian companies’
Code. conduct in the areas of human rights and the envi­
The currently applicable Code, which was revi­ ronment. In an official report (NOU 2008:14), the
sed in December 2007, states that the board of Norwegian Policy Coherence Committee recom­
directors should define the company’s basic corpo­ mends the establishment of a national information
rate values and formulate ethical guidelines in and monitoring body in the form of an ombudsman
accordance with these values. It also recommends for corporate social responsibility that would have
that the board of directors ensure that the com­ right of access to documents that are exempt from
pany has sound internal control and systems for public disclosure.
risk management that are appropriate in relation to The institution of ombudsman is used in seve­
the extent and nature of the company’s activities. ral areas to protect the interests and rights of indi­
Internal control and the systems should also viduals or groups. Examples in Norway are the
encompass the company’s corporate values and Parliamentary Ombudsman for Public Administra­
ethical guidelines. In the commentary on the pro­ tion, the Equality and Anti-discrimination Ombuds­
vision, it is recommended that the ethical guideli­ man, and the Consumer Ombudsman. Existing
nes should provide guidance on how employees ombudsmen have a clearly defined role in relation
can communicate with the board to report matters to the legislation they are charged with monitoring
related to illegal or unethical conduct by the com­ and they have certain sanctions at their disposal.
pany. The appointment of an ombudsman for social
The Government urges the Norwegian Corpo­ responsibility would require dedicated legislation
rate Governance Board to incorporate recommen­ or relevant guidelines.
dations concerning more detailed reporting of If the idea is to give an ombudsman for the
social responsibility in its «Norwegian Code of public sector responsibility for protecting individu­
Practice for Corporate Governance» It must be up als and groups abroad in relation to the activities of
to the Corporate Governance Board to determine Norwegian companies, the concerns described
how the Norwegian Code of Practice can be exten­ under 8.1 and 8.2 above will apply in relation to
ded in relation to social responsibility. The Board enforcing Norwegian legislation or standards. The
has members from a large number of organisa­ prosecution of such cases would involve legal and
tions with expertise in this area. economic complications. If the idea is to set up an
advisory body for social responsibility, the main
questions will concern resources and organisation.
The Government
• attaches great importance to transparency and
will submit a proposal on extension of the Acco­ National mechanisms
unting Act’s duty to disclose information to If a company against which a grievance has been
include information on ethical guidelines and brought is registered in an OECD country and its
92 Report No. 10 to the Storting 2008– 2009
Corporate social responsibility in a global economy

business can be said to contravene the OECD Gui­ outside the Ministry, could enhance its indepen­
delines for Multinational Enterprises, the grie­ dence and legitimacy. This could enable it to play a
vance may be brought before the National Contact more active role in promoting social responsibility
Point (NCP) in the company’s country of registra­ through information and dialogue and issuing sta­
tion, or the NCP in the country where the breach tements in specific instances. An alternative could
occurred if the host country has endorsed the be to strengthen the contact point in its present
OECD Guidelines. Complaints against all Norwe­ form by increasing its resources and capacity to
gian companies may be brought before the NCP provide information and guidance about the OECD
for the OECD Guidelines. The Guidelines are Guidelines for Multinational Enterprises.
wide-ranging and incorporate human rights, envi­ The Government will consider various models
ronmental concerns, the ILO core conventions, that could provide a better overview of how the pri­
anti-corruption measures and consumer interests. vate sector follows up its social responsibility. In its
Measures for strengthening the Norwegian con­ assessment, it will examine various models for
tact point’s guidance and information efforts are further strengthening the NCP for the OECD Gui­
discussed under 6.1. delines. Strengthening advisory services in rela­
It may be relevant to look more closely at the tion to CSR will also be considered. The Govern­
NCPs organisation and procedures. NGOs in Nor­ ment will submit these issues to the involved par­
way argue that the contact point should hold ties for consultation before the summer of 2009.
annual meetings with various stakeholders, report
annually to the Storting and make more extensive
use of external advisers. The international network International mechanisms
of civil society organisations, OECD Watch, points There are an increasing number of cases where
to the possibility of setting up an independent companies that are formally or actually based in
panel or consultation group consisting of different countries that do not endorse the OECD Guideli­
stakeholders. In the UK, an external board has nes are accused of causing damage even though no
been established, and in the Netherlands the con­ grievance has been brought by the host country.
tact point has been given a more independent sta­ International grievance mechanisms can supple­
tus. ment NCPs in such cases.
Making the contact point independent with an With regard to working conditions, the ILO has
external leader, and possibly its own secretariat a permanent committee for dealing with disputes.

Boks 8.1 Principles for grievance mechanisms


In his 2008 report to the Human Rights Council, – Predictable: a mechanism must provide a
the UN Special Representative on the issue of clear and known procedure with a time
human rights and transnational corporations frame for each stage and clarity on the types
and other business enterprises recommends of process and outcome it can (and cannot)
principles on which non-judicial grievance offer, as well as a means of monitoring the
mechanisms should be based: implementation of any outcome.
– Legitimate: a mechanism must have clear, – Equitable: a mechanism must ensure that
transparent and sufficiently independent aggrieved parties have reasonable access to
governance structures to ensure that no sources of information, advice and expertise
party to a particular grievance process can necessary to engage in a grievance process
interfere with the fair conduct of that pro­ on fair and equitable terms.
cess. – Rights-compatible: a mechanism must ensure
– Accessible: a mechanism must be publicized that its outcomes and remedies accord with
to those who may wish to access it and pro­ internationally recognized human rights
vide adequate assistance for aggrieved par­ standards.
ties who may face barriers to access, – Transparent: a mechanism must provide suf­
including language, literacy, awareness, ficient transparency of process and outcome
finance, distance, or fear of reprisal. to meet the public interest concerns at
stake.
2008– 2009 Report No. 10 to the Storting 93
Corporate social responsibility in a global economy

This committee, the CEACR, has been active since lows up its social responsibility, different ways
1926, and it considered 515 cases in 2007. While of organising advisory services and appropri­
clear breaches of the 184 ILO conventions are dealt ate ways of organising the NCP for the OECD
with at conferences of states parties, and occasio­ Guidelines. A proposal will be submitted for
nally as matters between states, the role of the consultation by the summer of 2009.
CEACR is more that of developing «soft law». The • sees a need for thorough discussions and stu­
ILO’s 194 recommendations also serve as guid­ dies of international grievance mechanisms
ance in disputes. The CEACR reports to the ILO’s and will support initiatives in this field.
general assembly, and in its conclusions it confines
itself to giving advice to the state against which a
grievance has been brought. 8.5 Considerations
There is no corresponding global mechanism
for hearing grievances and issuing recommenda­ In the Government’s view, the establishment and
tions in cases concerning the environment. In view implementation of a strong international frame­
of this, it may be desirable to develop a global sys­ work would be more expedient than setting up nati­
tem that could be applied to all countries and busi­ onal schemes that would vary from one country to
ness activities regardless of where the companies another and give rise to uncertainty for both the
operate. This could supplement the NCP function business community and society at large. The
in countries that have endorsed the OECD Guide­ Government will therefore work to further develop
line for Multinational Enterprises. Such a system international frameworks for the private sector
should be based on generally recognised stan­ rather than developing special Norwegian sche­
dards for minimising environmental impact in each mes. The Government will also seek to get more
industry. countries to adhere to international conventions
Norway will discuss with the other Nordic and implement them in national legislation and
countries whether to take an initiative to examine practice.
the possibility of establishing a global mechanism The introduction of special Norwegian legisla­
for clarifying facts in cases where companies are tion and provisions for Norwegian companies’ ope­
accused of serious breaches of generally accepted rations abroad would raise a number of matters of
environmental practice. Such a mechanism could principle and practical problems. Similar problems
take the form of a panel composed of independent would arise if Norwegian legislation were to be
experts from the research community and the pri­ made applicable to the operations of Norwegian
vate sector, supported by a secretariat with wide- companies abroad. This also raises a number of
ranging knowledge about the environment and legal considerations and matters of principle, for
business, for example under the UN Environment example with regard to national legislation in host
Programme, UNEP. countries. The fact that many Norwegian compa­
In accordance with his renewed mandate, the nies are engaged in ventures in which local compa­
UN Secretary-General Special Representative on nies or others may have strong ownership inte­
human rights and business will consider national rests is also a factor to be considered.
and international grievance mechanisms for dea­ As regards the environment, other countries
ling with companies’ violations of human rights. may be facing different climatic and topographical
The Special Representative emphasises the need conditions, which means that Norwegian provi­
for thorough evaluations before such a mechanism sions are not automatically transferable. This white
could potentially be introduced. paper therefore discusses several contexts in
The Special Representative’s recommenda­ which Norwegian companies are expected to aim
tions will be one of the foundations on which the towards best practice in their operations abroad.
Government will base its deliberations on an In the Government’s view it would be most
appropriate organisation of the NCP for the OECD expedient to consider international grievance and
Guidelines. monitoring mechanisms with respect to human
rights and the environment. The NCP for the
OECD Guidelines plays an important role, and the
The Government Government emphasises its significance.
• will consider various models that can provide a
better overview of how the private sector fol­
94 Report No. 10 to the Storting 2008– 2009
Corporate social responsibility in a global economy

9 Instruments for strengthening corporate social responsibility

Figure 9.1

Providing knowledge and guidance about corpo­ cautious about giving any advice that has a direct
rate social responsibility (CSR) is an important bearing on financial decisions.
task for the authorities, social partner organisa­ The diplomatic and consular missions have an
tions and civil society. The Government will inten­ important function as door openers to local autho­
sify its efforts in this area and emphasises the rities and key local actors. In some situations it will
importance of close cooperation between various be natural to make on-site political visits in order to
actors in order to support companies in their promote Norwegian economic interests and sup­
efforts. port CSR initiatives by Norwegian companies. In
Most of the Norwegian private sector consists many cases this may be decisive in terms of gai­
of small and medium-sized enterprises. Small ning access to the market. When Norwegian aut­
enterprises often have neither the resources nor horities back the activities and interests of Norwe­
the competence to work as systematically and tho­ gian companies in this way, they do so on the
roughly on CSR as larger ones. The Government assumption that the companies will conduct
will make active use of the instruments at its dispo­ themselves decently and comply with international
sal to communicate information and provide guid­ guidelines for social responsibility.
ance to small and medium-sized enterprises. CSR In addition to assistance with purely commer­
will increasingly be a criterion for receiving fun­ cial or financial aspects, companies can also obtain
ding and other services. information about social and environmental condi­
tions. The diplomatic and consular missions and
Innovation Norway’s offices abroad can provide
9.1 Public instruments targeting the information about public institutions and relevant
private sector legislation in the host countries. They can also
advise on how to establish contact with national
The Foreign Service and local authorities and potential local partners.
The missions can organise seminars and confe­
In connection with their international operations, rences about relevant issues for Norwegian com­
companies frequently contact the Foreign Service panies seeking knowledge regarding local condi­
for information about local conditions. This can be tions. On request, they can also assist companies
particularly important to companies operating in or industries in gaining better insight into their
countries where there is significant economic or supply chains. Companies can use the diplomatic
political risk. The Ministry of Foreign Affairs can and consular missions as dialogue partners when
provide information and guidance, but is in general dealing with challenges and dilemmas.
2008– 2009 Report No. 10 to the Storting 95
Corporate social responsibility in a global economy

In order to make relevant information from the


Foreign Service available to companies interested Box 9.1 Client-oriented measures in
in setting up business in or trading with specific Innovation Norway’s action plan
countries, a focal point will be established in the
Ministry of Foreign Affairs to deal with queries,
establish contact with or communicate information – All clients who seek access to Innovation
from the Foreign Service – both from sections wit­ Norway’s funds will be systematically chal­
hin the Ministry and from the missions abroad. To lenged about their attitudes to social
make it easier for the Foreign Service to provide responsibility.
Norwegian companies with updated and relevant – Innovation Norway’s website will be used
information and guidance, the focal point will also as a channel for informing companies and
gather and systematise information on a general stakeholders about what is being done on
basis. It will work actively to enhance knowledge the CSR front, providing advice about
about CSR among Norwegian companies engaged what companies can do and where they
in international operations, and to promote dialo­ can find more information.
gue between companies and other interest groups. – In 2009, CSR will be a compulsory part of
all competence-building services provided
by Innovation Norway.
The Government – An interactive dilemma-training tool,
• will intensify efforts to provide information and based on a StatoilHydro tool, will be
guidance about CSR; developed and offered to small and
• will set up a focal point in the Ministry of For­ medium-sized enterprises.
eign Affairs for dealing with companies’ CSR – Seminars will be held for companies on
queries; issues such as CSR and corruption.
• will request the Foreign Service to draw up
country profiles tailored to the private sector’s
needs in areas relating to CSR that are relevant
to the situation in the countries concerned; rism and geotourism, and the development of
• will provide arenas for discussing specific pro­ small-scale food production.
blems and challenges that companies enco­ Innovation Norway has offices in all the coun­
unter internationally; ties of Norway and in more than 30 different coun­
• will make active use of Norwegian diplomatic tries. Its offices abroad cooperate closely with the
and consular missions to increase awareness diplomatic and consular missions and are, where
and knowledge in the Norwegian private sec­ possible, co-located with the embassy or consulate
tor about the challenges and opportunities general.
involved in doing business in developing coun­ Small and medium-sized enterprises are Inno­
tries. vation Norway’s main target group. Through advi­
sing, network-building and funding, Innovation
Norway has an important role to play in extending
The Ministry of Trade and Industry, and Innovation CSR efforts to the full breadth of the Norwegian
Norway private sector. Innovation Norway encourages
Innovation Norway was established to promote small and medium-sized enterprises to integrate
nationwide industrial development that is profita­ social responsibility as a strategic tool into their
ble to both the private sector and society in gene­ operations.
ral. As a manager of public funds, Innovation Nor­ In consultation with other actors, the Ministry
way has particular responsibility for promoting of Trade and Industry will initiate measures to
sustainable business development that benefits the strengthen social responsibility efforts in small
entire community. The company provides a wide and medium-sized enterprises. Innovation Norway
range of services aimed at promoting innovation, will be given a special role in implementing these
internationalisation and reputation building. It has measures and will be encouraged to cooperate
extensive experience of dealing with issues such as with business associations and other relevant part­
gender equality, sustainable restructuring in local ners at the regional level to reach out to their mem­
communities, the development of environmental ber companies.
technology, tourism, including environmental tou- Innovation Norway has implemented several
measures to support social responsibility and com­
96 Report No. 10 to the Storting 2008– 2009
Corporate social responsibility in a global economy

bat corruption. It has drawn up guidelines for nati­ way. In recent years, the OECD has been increas­
onal and international advisory services in which ingly concerned with reaching agreement on com­
CSR is an important element. A special CSR mon anti-corruption and environmental guidelines.
module has also been developed and included in Norway has been actively engaged in this work.
the company’s competence-building services. GIEK and Eksportfinans cooperate closely on Nor­
Internally, dilemma training is used to increase wegian implementation of the OECD guidelines
knowledge and awareness about corruption. Inno­ for export credits and go somewhat further than
vation Norway’s sustainability reporting is in the OECD minimum requirements in that they
accordance with the Global Reporting Initiative also evaluate maritime matters and minor matters.
(GRI) standard, and it is also certified in accor­ The OECD Environmental Guidelines have
dance with the Norwegian «Eco-lighthouse» envi­ been broadened in that they now also refer to the
ronmental certification system. moving of people and the effects on vulnerable or
ethnic groups and cultural heritage in addition to
impacts on the natural environment. In 2007, wor­
The Government king conditions were also incorporated into the
• will initiate efforts to improve CSR perfor­ guidelines through the reference in the agreement
mance in small and medium-sized enterprises. to the International Finance Corporation (IFC)
The responsibility for this will lie with the Performance Standard 2 (Labour and Working
Ministry of Trade and Industry, in consultation Conditions), which, in turn, refers to the ILO con­
with other actors; ventions. In general, the OECD Environmental
• will establish a web-based overview of informa­ Guidelines refer to international environmental
tion and expertise regarding CSR prepared by and social responsibility standards such as the
authorities and organisations. The responsibi­ World Bank Safeguard Policies, and the IFC Per­
lity for this will lie with the Ministry of Trade formance Standards.
and Industry; So far, the revised guidelines of 2007 have
• will strengthen the efforts of the diplomatic shown that practical implementation of more wide-
and consular missions and Innovation Norway ranging social responsibility, in particular the ILO
to provide information, guidance and dilemma conventions, is challenging. Implementation will
training; be a trial and error process and will be further
• will require funding agencies to evaluate com­ discussed in the light of the export credit agencies’
panies’ CSR performance in connection with experience. The guidelines will be revised again in
advisory services and financial support. 2010.
It is still unclear how the various export credit
agencies view standards for working conditions,
The Norwegian Guarantee Institute for Export and meetings in the OECD have revealed great
Credits (GIEK) and Eksportfinans ASA divergence as regards interpretation and imple­
GIEK is a central governmental agency offering mentation. The best way to implement the require­
long-term guarantees for export credits tailored to ments in practice will be a topic for future discus­
the needs of Norwegian export companies for risk sions.
coverage. GIEK’s clients export capital goods to Efforts are also being made through the OECD
countries all over the world. Most of the portfolio to involve export credit institutions in countries
relates to the maritime sector and oil and gas. Eks­ outside the OECD, such as China, India, Brazil and
portfinans administers the «108 scheme» of fixed South Africa, in CSR efforts. The goal is thereby to
interest (CIRR) loans to foreign buyers of Norwe­ enhance awareness and understanding of the
gian capital goods. OECD Environmental Guidelines.
Together, GIEK’s guarantees and the 108 GIEK is in dialogue with its Nordic counter­
scheme administered by Eksportfinans constitute parts about ways of improving CSR efforts, inclu­
Norway’s officially supported export financing. It ding whether membership of the UN Global Com­
is regulated by the OECD «Arrangement on Offici­ pact would be advisable.
ally Supported Export Credits». The Government is concerned that different
Social responsibility is becoming an increas­ countries should be able to compete on equal
ingly important issue in GIEK and Eksportfinans. terms, and this is also the main rationale for inter­
Many of their commitments concern exports to or national agreements on export financing. It would
investments in countries whose social and environ­ be a significant advantage if all export credit agen­
mental standards differ from those applied in Nor­ cies were to implement the same guidelines and, as
2008– 2009 Report No. 10 to the Storting 97
Corporate social responsibility in a global economy

far as possible, have the same procedures and des support to companies that establish trade rela­
interpretation of the regulations. tions with and import from developing countries.
The Government is also interested in having Norad administers grant schemes aimed at
guidelines that are possible to realise in practice, strengthening civil society. Norad’s guidelines for
so that actions can reflect policy. The OECD is the grants to civil society contain provisions that
most important forum for institutions such as encompass social responsibility. They apply in par­
GIEK and Eksportfinans as regards developing ticular to the natural environment and human
common, realistic rules. The Government attaches rights, including the rights of workers, children,
great importance to this work in the OECD and the disabled, indigenous peoples and minorities.
wants Norway to be a driving force for increased There is now greater emphasis on effective aid,
efforts by export credit institutions to promote results and combating corruption in the dialogue
social responsibility. with civil society organisations.

The Government The Government


• wants Norway to be a driving force in the • will place particular emphasis on social respon­
OECD’s export credit groups in their efforts to sibility in connection with business activities in
implement concrete guidelines for ensuring developing countries that receive support from
good working conditions; Norad’s schemes for the private sector;
• will request Eksportfinans (as administrator of • will impose environmental requirements on
the 108 scheme) and GIEK to draw up a suppliers in connection with tenders for aid-
dedicated policy for social responsibility that funded projects;
can be tried out in 2009. • will use respect for workers’ rights, in particu­
lar the ILO core conventions, as a criterion for
the use of Norwegian aid funds;
Norad – The Norwegian Agency for Development • will seek to consistently integrate social
Cooperation responsibility as a factor in the administration
Norad administers various support schemes to of aid.
promote Norwegian businesses’ activities in
developing countries. These schemes are based on
the principle that Norwegian businesses abroad Norfund – The Norwegian Investment Fund for
can help to promote economic and social develop­ Developing Countries
ment through technology transfer, knowledge- Norfund’s mission is to help to establish viable and
building, employment, market development and profitable businesses that would otherwise not
access to international markets. The desired have been started because of the high risks invol­
results can only be achieved if companies operate ved. A well-functioning private sector and access to
responsibly. The guidelines for these schemes sti­ risk capital are important preconditions if a develo­
pulate inter alia that: ping country is to achieve economic growth, make
– projects are to be based on the ILO core con­ use of its advantages and become better integrated
ventions; in the global economy. To this end, Norfund
– measures must be in accordance with interna­ invests equity and other risk capital, provides loans
tional environmental obligations and national and furnishes guarantees for the development of
environmental priorities; sustainable businesses in developing countries.
– if any corruption or attempted corruption is Norfund is a company established through spe­
detected in a project funded by these support cial legislation and owned by the Norwegian state
schemes, this will result in the immediate ces­ through the Ministry of Foreign Affairs. It opera­
sation of payments and/or a demand for the tes in accordance with fundamental principles of
repayment of Norwegian funding. Norwegian development policy. Norfund is alloca­
ted funds over the development assistance budget
Norad’s support schemes for the private sector and is the most important national instrument for
include special schemes for social measures and generating economic growth in developing coun­
measures targeting HIV/AIDS, and several Nor­ tries through value creation.
wegian companies have established HIV/AIDS Some of the investments are made directly in
programmes with such support. Norad also provi­ local companies along with industrial partners and
others through investment funds and financial
98 Report No. 10 to the Storting 2008– 2009
Corporate social responsibility in a global economy

institutions that are set up in the countries concer­ fund, and therefore also one of the development
ned. Norfund helps to lower the threshold for Nor­ effects of the investments.
wegian companies that are considering investing
in developing countries. Its portfolio, which ranges
from microfinance to renewable energy, local The Government
banks and fish farms, shows that it is possible to • wants Norfund to invest in profitable enterpri­
make profitable investments in challenging mar­ ses that also promote development goals and
kets. Norfund gives priority to investments in the improve environmental and social conditions;
least developed countries (LDCs), particularly in • requests Norfund to exert its influence acti­
Africa, and it promotes public-private partnerships vely through directorships and investment
on investments in clean energy. The largest single positions in order to improve working condi­
investment is a joint venture with Statkraft in the tions and social responsibility in the projects in
energy company SN Power. which the fund invests;
Good corporate governance and zero-tolerance • calls on Norfund to play a leading role in
of corruption are central to Norfund’s investments. attracting more private investors in order to
This is essential as the majority of the Norfund raise capital for economic development and
investments are in countries that are struggling employment in poor countries;
with corruption and illegal capital flight, inade­ • encourages Norfund to make renewable
quate legislation and institutions, poorly developed energy a cornerstone of its portfolio.
and monopolised markets, poor infrastructure and
unpredictable governance. There may also be poli­
tical unrest and a risk of extreme situations such as 9.2 Social partner organisations
civil war and expropriation. This calls for effective
awareness-raising among local company mana­ Social partner organisations have engaged in vari­
gers, fund managers, partners and co-investors ous areas of national and international work on
about acceptable business practice, as well as focus social responsibility. They have been driving forces
on the environment and social conditions, the qua­ in the development of guidelines and principles for
lity of contracts and reporting procedures. social responsibility, and they participate actively
Positions on companies’ boards give Norfund in international forums. The organisations are wor­
an opportunity to ensure that progress is made in king to strengthen independent sister organisa­
companies’ efforts regarding environmental stan­ tions in partner countries. They play a central role
dards and social conditions. in the provision of information and guidance about
Like its sister organisations, Norfund makes CSR.
investments in various ways. It invests in funds and
individual companies, in addition to its banking
activities. The possibility of controlling HSE condi­ The Confederation of Norwegian Enterprise (NHO)
tions and actively contributing to improvement NHO’s work on CSR is grounded in a long tradition
varies from one business area to another. Nor­ of collaboration with trade unions and efforts to
fund’s responsibility and influence is greatest in improve working conditions and ensure that com­
relation to direct investments. Norfund’s holdings panies take responsibility for the natural environ­
in funds vary from single units of just two or three ment. In matters concerning the natural environ­
per cent of the total capital to interests in fund ment, NHO has been active in the promotion of
management companies and lead-investor posi­ non-financial reporting and environmental stan­
tions in the funds. Microfinance is an example of an dards. As an employers’ association, NHO was
investment where it is difficult to ensure that the quick to demonstrate how companies can take
standards are followed all the way to the end user. responsibility for human rights, and the confedera­
Norfund can also invest in companies that do tion has been a driving force in Norway in its mem­
not meet the most stringent environmental and ber companies’ work to promote social responsibi­
social requirements since bringing companies with lity and combat corruption.
an acceptable starting point up to international NHO participates in international forums rela­
standard has a substantial development effect. ting to CSR, including through membership and
This also applies to corporate governance. In such involvement in the UN Global Compact, the World
cases, an improvement programme is a central Business Council for Sustainable Development,
part of the contract between the company and Nor- the International Organisation of Employers,
2008– 2009 Report No. 10 to the Storting 99
Corporate social responsibility in a global economy

social responsibility efforts. The labour movement


Box 9.2 World Business Council for believes that active participation by employees,
Sustainable Development through their HSE organisations, works councils,
trade unions and representatives on company
As its name indicates, the World Business boards, is a must when companies draw up their
Council for Sustainable Development CSR policies and strategies. The content of sys­
(WBCSD) is an international association of tems and guidelines for CSR must be developed in
companies working for sustainable develop­ cooperation with employees and their representati­
ment. The WBCSD consists of about 200 com­ ves.
panies and meets once a year at CEO level Through collaborative projects, LO has helped
and twice a year at expert level. There is con­ to build stronger trade unions in developing coun­
tinuous activity in its focus areas of energy tries. In addition, local union branches in some
and climate, development, the business’s role companies have formed partnerships with their
and ecosystems, as well as various sector pro­ colleagues in a number of countries to combat
jects. child labour.
The WBCSD also has a regional network LO will help the unions by producing a set of
of partner organisations (Business Councils) «aids» to enable employee representatives and
in more than 50 countries. NHO is the Norwe­ members of boards to contribute to making the
gian partner organisation. Norwegian compa­ OECD Guidelines for Multinational Enterprises
nies and business leaders have been active in part of their companies’ value base and ensuring
this network. The Norwegian members are that they are made known through European
Det norske Veritas, Grieg International, Leif Works Councils or are incorporated into global
Höegh & Co, Norsk Hydro, Norske Skog, trade union agreements.
Statkraft, StatoilHydro and Storebrand.

The Federation of Norwegian Commercial and


BUSINESSEUROPE and expert groups in the Service Enterprises (HSH)
European Commission. For many years, HSH has prioritised measures to
NHO’s Secretariat for Private Sector Develop­ promote social responsibility as an operational part
ment in developing countries has been engaged for of its members’ activities. Importers’ requirements
several years in projects in selected developing with respect both to the conditions under which
countries aimed at strengthening the private sec­ the goods they import are manufactured and to
tor. An example is a broad private-sector pro­ environmental considerations have been central,
gramme in Uganda, financed by Norad and mana­ which is why HSH was one of the founders of the
ged by NHO and the Ugandan employers’ confede­ Ethical Trading Initiative. HSH has also prepared a
ration, where several companies are working with practical guide for matters relating to values and
Ugandan partners on business development and organisational development for the whole of the
improving working conditions, among other service sector.
things. HSH works to promote sustainable production
NHO’s Advisory Committee on Ethics and Sus­ and consumption, and it has participated for many
tainability is composed of union representatives years in the development of environmental tools
and external experts, and it advises NHO’s mana­ for the private sector. The Nordic eco-labelling (the
gement and working groups. NHO also has a Swan label) system and the «eco-lighthouse» envi­
network for persons in charge of CSR in its mem­ ronmental certification system are examples of
bers companies, the NHO forum for CSR and sus­ this. HSH has also developed a web-based climate
tainability, which meets twice a year to exchange guide for the private sector.
information and experience. In addition, NHO has At the request of its member companies, HSH
produced CSR guides and publications that have also assists its suppliers to comply with the core
helped to raise the private sector’s ambitions with ILO conventions and important environmental
respect to social responsibility. requirements. Such support involves collaboration
with employers and manufacturers and often with
LO, and it helps to clarify the requirements of Nor­
The Norwegian Confederation of Trade Unions (LO) wegian companies and consumers concerning
From the trade unions’ point of view, democracy manufacturing conditions and products.
and employee participation are central aspects of
100 Report No. 10 to the Storting 2008– 2009
Corporate social responsibility in a global economy

Figure 9.2 Young boys and men working as shipbreakers on a beach in Bangladesh.
Photo: Corbis/Scanpix.

HSH has signed a five-year agreement with


Norad aimed at increasing imports from poor The Norwegian Shipowners’ Association
countries to Norway. One of the measures The Norwegian Shipowners’ Association is an
employed is the training of manufacturers and employers’ organisation for enterprises in the Nor­
exporters in developing countries to prepare them wegian international shipping and offshore indus­
for the Scandinavian market, with social responsi­ tries. The association works actively to ensure
bility and the environment as central elements. good working and social conditions for seafarers,
and it currently has collective agreements on
wages and working conditions with seafarers’ uni­
ons from twelve different nations.
Box 9.3 CSR Europe The Norwegian Shipowners’ Association is a
driving force for stringent environmental stan­
CSR Europe, the leading European business dards, and it has adopted an environmental policy
network for corporate social responsibility, designed to reduce environmentally harmful emis­
counts approximately 80 multinational corpo­ sions to the atmosphere and discharges to sea to
rations and 25 national partner organisations zero. The industry is seeking to find good, cost-
(NPOs) among its members. Its goals are to efficient solutions within the framework of the UN
link companies more closely together, enab­ International Maritime Organisation (IMO) in
ling them to share CSR solutions, to set up close cooperation with Norwegian authorities and
new projects involving the companies and the shipping industry’s own organisations. A sys­
their stakeholders and to draw up an agenda tem of flag-state and port-state controls has been
for sustainability and a competitive Europe. established to ensure that the IMO requirements
Green Business Network Norway is the Nor­ are actually complied with.
wegian partner in the NPO network. The recruitment and training of seafarers is an
important priority area for the Norwegian Shipow­
2008– 2009 Report No. 10 to the Storting 101
Corporate social responsibility in a global economy

ners’ Association. As well as its recruitment cam­ The Norwegian Forum for environment and
paigns in Norway, the association currently runs development (ForUM) is a network of more than 50
training projects in collaboration with local educa­ NGOs. The main objective of ForUM’s working
tional institutions in the Philippines, China, Russia, group on CSR is to support and promote national
Brazil and Vietnam. The association is also consi­ and global binding agreements on CSR and ethical
dering setting up a centre of excellence in West capital management. Among other things, ForUM
Africa. has issued recommendations concerning invest­
The association has intensified its CSR informa­ ments and public ownership in a collection of arti­
tion and awareness-raising efforts vis-à-vis its cles entitled Næringslivets samfunnsansvar – hvil­
members. Among other things, it has collaborated ken rolle kan og bør norske myndigheter spille?
with Det Norske Veritas and issued a guide that (Social responsibility in the private sector – what
concretises CSR in the shipping industry. It has role could and should Norwegian authorities
also produced a members’ anti-corruption guide, play»)
containing general advice, examples of recommen­ Amnesty International Norway endeavours to
ded guidelines and an ethics test. ensure that the private sector fulfils its social
responsibility, with the main emphasis on human
rights. The organisation works to influence inter­
The Government national and supranational bodies, national authori­
• urges social partner organisations to assist ties and organisations, and it also targets compa­
companies in competence-building and nies directly. Amnesty also utilises various met­
dilemma training; hods to hold accountable and influence authorities
• encourages industry-specific exchange of and the private sector, ranging from campaigns
experience and development of guidance on and lobbying to dialogue and cooperation.
social responsibility; Norwegian Church Aid is a co-founder and
• will cooperate with the social partners on the board member of Fairtrade Max Havelaar, The
exchange of information and experience. Ethical Trading Initiative Norway and Publish
What You Pay (PWYP) Norway. The organisation
emphasises companies’ independent duty to
9.3 Non-governmental organizations respect and actively promote human rights and
sustainable development as expressed in internati­
Non-governmental organisations (NGOs) play a onal conventions. It also believes that knowledge
key role in the promotion of socially responsible about and familiarity with actual conditions and
behaviour in companies. They act as drivers and rights, and the will to use such knowledge, is an
watch-dogs in relation to various issues and sec­ important prerequisite for responsible business.
tors. They are engaged in the prevention of human Transparency International (TI) Norway is a
rights violations in companies’ work and pro­ driving force behind efforts to combat corruption.
duction, protecting the environment, ensuring bet­ TI urges the authorities to implement effective
ter management of natural resources, and preven­ legislation and policies against corruption, to
ting and exposing corruption. They are often increase awareness of corruption and promote
important partners for companies in connection transparency in international business transac­
with projects and training in developing countries. tions. TI cooperates with sister organisations in
The NGOs disseminate information about several African countries on projects to advance
rights, targeting employees, employers and the transparency, anti-corruption measures and ethical
local population. They influence and cooperate business conduct. The «Business Principles for
with local and central authorities to improve or Combating Bribery» is an important tool develo­
establish adequate legislation and frameworks. ped by TI in cooperation with the international pri­
They also offer services not provided by other vate sector to prevent bribery in the private sector.
actors. TI has also compiled a user guide showing how the
NGOs are important spokespersons for local OECD Guidelines for Multinational Enterprises
stakeholders, ensuring that their needs and views can be applied in combating corruption.
are communicated to national and international Publish What You Pay Norway (PWYP Norway)
decision makers. The media also have an impor­ is the Norwegian chapter of an international civil
tant role to play in ensuring that matters raised by society coalition mobilising around 400 organisa­
NGOs gain more widespread attention. tions from about 70 countries in promoting trans­
parency, accountability and the mandatory dis­
102 Report No. 10 to the Storting 2008– 2009
Corporate social responsibility in a global economy

closure of payments, receipts and allocations of for the period 2006–2008. The programme was allo­
revenues from oil, gas and mining. cated a financial framework of NOK 7.5 million for
Future in Our Hands works to promote envi­ the whole period, and funds were granted to three
ronmental responsibility, equitable global benefit projects. The evaluations and recommendations of
sharing and ethical business. It runs Norwatch, a the working group are still relevant, and they
journalistic news service that monitors Norwegian should continue to be an important basis for
businesses in poor countries. further Norwegian research in the field.
WWF Norway (World Wide Fund for Nature) The working group recommended setting up a
cooperates with a number of industries, companies research programme concentrating on the role of
and authorities to identify challenges and propose businesses in vulnerable communities where there
solutions for ways in which natural resource mana­ is a considerable potential for exerting influence
gement, production, technology and trade can con­ and the need for social responsibility is most
tribute to more equitable growth with a smaller urgent and challenging. The group recommended
ecological footprint. The WWF runs campaigns five priority areas:
against illegal fishing and overfishing, and it coope­ – CSR and the fight against poverty;
rates with companies and authorities on innovation – The development of democracy and good
and the development of sustainable markets and governance – corporate responsibility and legi­
products that demonstrate that this is possible. timate freedom of action;
The WWF promotes the Stewardship Council and – Mechanisms for access, disclosure and acco­
the Forest Stewardship Council certification sche­ untability;
mes. – Ethical capital management;
– The role of Norwegian authorities: policy
making and institutional instruments.
The Government
• emphasises the importance of NGOs as drivers In addition to these areas, research relating to
and monitors in relation to CSR, both in inter­ responses by the private sector and individual com­
national processes and vis-à-vis companies and panies to climate challenges has become one of the
authorities; main constituents of the CSR debate. In the
• regards NGOs as important partners in both Government’s view, these areas remain important
national and international processes and in subjects for research. The need for more know­
project work. ledge about corporate responsibility and conduct
in conflict zones and areas with particular challen­
ges relating to human rights and weak governance
9.4 Research and education is closely linked to the aforementioned topics.
Legal research can further elucidate issues such as
The private sector, the authorities and public opi­ the scope of «complicity» in violations of internati­
nion need knowledge and empirical information onal humanitarian law and human rights.
about CSR. Strengthening the knowledge base in CSR is a relatively small field of research, both
this area will necessarily involve research and the nationally and internationally, so the amount of
integration of the discipline into higher education research-based knowledge is limited. Much of the
and further and continuing education. empirical knowledge in the field resides with pri­
vate enterprises and consultancies. The research is
often initiated and funded by various special inte­
9.4.1 The need for research rest groups (companies, other commercial actors,
Research is an important source of objective and ministries and their administrative agencies and
legitimate knowledge about the effects of CSR. NGOs).
There is a need for research on methods for mea­ For Norwegian companies and authorities, it is
suring the socio-economic effects of companies’ important to find proficient Norwegian research
operations and methods for ensuring CSR. Rese­ environments in this field. The peculiarities of Nor­
arch can also help identify instruments for stimula­ wegian society and Norwegian companies mean
ting the private sector to more actively exercise that international research findings are not always
social responsibility. directly applicable to Norwegian conditions. Rese­
A report prepared in 2003 by a working group arch into the conduct and experience of Norwe­
under the Research Council of Norway resulted in gian companies may also be of international inte­
a dedicated Research Council programme for CSR rest, both because Norwegian companies come in
2008– 2009 Report No. 10 to the Storting 103
Corporate social responsibility in a global economy

part from a different social tradition from that of • urges Norwegian educational institutions to
many of their competitors and partners abroad, include CSR in relevant educational program­
and also because several Norwegian companies mes.
have come relatively far in the area.
The Government is positive towards the increa­
sed interest in CSR shown in research environ­ 9.5 Dialogue and exchange of
ments. It is also important to develop environ­ experience
ments with sufficient activity to ensure professio­
nal depth and breadth. This will make it possible to The private sector, the authorities and civil society
manage and further develop the knowledge base. have different roles but a clear common interest in
In this context, it is important that Norwegian rese­ promoting social responsibility. Dialogue and
arch environments participate in international exchange of experience will enable the various
research networks and obtain funding from inter­ actors to come together to improve practice in the
national sources, such as the EU’s 7th framework area of CSR. There is a need for reflection and
programme. debate about the challenges and dilemmas facing
companies, the authorities and NGOs in relation to
international activities.
9.4.2 Social responsibility and education Norway participates actively in a number of
Integrating the CSR perspective into business-rela­ multi-stakeholder initiatives for social responsibi­
ted higher education is essential in order to lity and transparency. Experience of what works
enhance knowledge about the issue among future and how to organise various initiatives can be use­
managers and implementers of CSR in Norwegian ful in strengthening ongoing processes and develo­
companies. It is important that educational institu­ ping new ones. This applies to participation in and
tions develop further and continuing education support for the UN Global Compact, the Voluntary
programmes in which CSR is an integral element. Principles for Security and Human Rights, the
It should also be a central component of educatio­ ongoing UN process on business and human
nal programmes in management and management rights and the Extractives Industries Transparency
development. Initiative (EITI). The Government will build on
In the Government’s view, it is important for experience from the various initiatives when asses­
educational institutions to collaborate with the pri­ sing other partnership models for social responsi­
vate sector when drawing up their CSR program­ bility and transparency in different industries. This
mes. This will help to ensure that the programmes will be a topic for discussion in KOMpakt and other
meet the private sector’s actual needs and allows forums in which the authorities participate.
for individual companies’ experience to be inclu­
ded in the teaching. The quality of the teaching at
these institutions will be improved if they also KOMpakt – Consultative Body for Corporate Social
carry out their own research in the field and parti­ Responsibility
cipate in national and international knowledge and KOMpakt was established as early as 1998 as the
research networks. Government’s Consultative Body for Human
Several universities and university colleges cur­ Rights and Norwegian Economic Involvement
rently include CSR modules in their Bachelor and Abroad. In 2006, its mandate was modified to
Master’s degree programmes in economics and include more aspects of CSR. Through the early
business studies, technology subjects and other establishment of KOMpakt, Norway has in many
business-related subjects. The Government enco­ respects been a pioneer in the promotion of dialo­
urages all relevant educational institutions to gue and exchange of experience regarding CSR.
include the subject in their study programmes. KOMpakt was established before the UN Global
Compact was founded, which was in 2000.
KOMpakt’s overriding goal is to improve the
The Government Norwegian authorities’ decision-making basis. It
• urges the Research Council of Norway to conti­ also facilitates the exchange of information bet­
nue and strengthen its programme for the fun­ ween Norwegian stakeholders. The dialogue wit­
ding of CSR-related research; hin KOMpakt is also intended to increase motiva­
• encourages Norwegian research environ­ tion for exercising CSR. The dissemination of infor­
ments to join international CSR networks and mation about international social responsibility
apply for funding from international sources; frameworks is a priority task. It was in KOMpakt
104 Report No. 10 to the Storting 2008– 2009
Corporate social responsibility in a global economy

Box 9.4 Members of KOMpakt (The Government Consultative Body for Corporate Social
Responsibility)
Amnesty International Norad – Norwegian Agency for Development
Centre for Development and the Environment cooperation
(SUM) Norfund – Norwegian Fund for Investments in
Chr. Michelsen Institute Developing Countries
Confederation of Norwegian Enterprise (NHO) Norske Skogindustrier ASA
Confederation of Vocational Unions (YS) Norsk Hydro ASA
Det Norske Veritas Norwegian Centre for Human Rights (Univer­
DNB Nor ASA sity of Oslo)
Ethical Trading Initiative Norwegian Confederation of Trade Unions
Federation of Norwegian Commercial and (LO)
Service Enterprises (HSH) Norwegian Church Aid
Innovation Norway Norwegian Helsinki Committee
INTSOK (Norwegian Oil and Gas Partners) Norwegian P.E.N.
KLP Kapitalforvaltning ASA Norwegian People’s Aid
Mellomkirkelig Råd (Church of Norway Coun­ Norwegian Red Cross
cil on Ecumenical and International Relations) Norwegian Shipowners’ Association
Ministry of Children and Equality Orkla ASA
Ministry of the Environment Research Council of Norway
Ministry of Finance Royal Norwegian Society for Development
Ministry of Foreign Affairs SN-Power AS
Ministry of Labour and Social Inclusion StatoilHydro ASA
Ministry of Petroleum and Energy Storebrand ASA
Ministry of Trade and Industry Telenor ASA
Transparency International Norway

that the Norwegian approach to corporate social The Ministry of Foreign Affairs has held a
responsibility was first formulated, in a working number of meetings on CSR with key actors. In
group report entitled «Sosialt ansvarlige bedrifter» February 2008, a dialogue meeting was held on
(Socially Responsible Companies) (2000). human rights and business in which the Norwe­
In March 2008, a separate working group under gian Minister of Foreign Affairs, the Special Repre­
KOMpakt published a report on small companies sentative of the UN Secretary-General on human
and social responsibility. The report includes an rights and business, and 10 Norwegian business
overview of the expertise and tools available to
Norwegian authorities, organisations and compa­
nies. The report also makes recommendations for
further initiatives in relation to smaller companies.
A working group has also looked more closely at
greener supply chains, cf. chapter 3.4.3.

International conferences and dialogue meetings


To generate greater focus on and engagement in
CSR, the Ministry of Foreign Affairs organised an
international conference, Partnerships for Sustai-
nable Development, in March 2007. The aim was
also to create a cross-sectoral platform for discus­
sing CSR. As a follow-up to this conference, the
Oslo Agenda for Change was presented at the fifte­ Figure 9.3 Open debate on business and human
enth session of the UN Commission on Sustainable rights in February 2008.
Development (CSD). Photo: Gisle Nomme, StatoilHydro
2008– 2009 Report No. 10 to the Storting 105
Corporate social responsibility in a global economy

leaders participated. Meetings in KOMpakt with Global Compact and the OECD Guidelines for
NHO’s network for CSR and sustainability, the Multinational Enterprises will be central.
trade union movement and central participants • will take steps to make KOMpakt an arena for
from civil society have also made valuable contri­ exchanging experience and highlighting
butions to the authorities’ work on CSR. examples of best practice;
• will use KOMpakt to further develop policy
and governance regarding CSR;
The Government • will create new forums for discussing challen­
• will use KOMpakt to discuss key questions con­ ges and opportunities facing Norwegian com­
cerning social responsibility. Factors relating to panies in relevant markets.
the implementation of the principles of the UN
106 Report No. 10 to the Storting 2008– 2009
Corporate social responsibility in a global economy

10 Economic and administrative consequences

This white paper provides an account of the are uncertain, various stakeholders are increas-
Government’s efforts to strengthen international ingly expressing similar expectations. Companies
frameworks that raise minimum standards for cor- that actively exercise social responsibility can the-
porate social responsibility (CSR). The Govern- refore strengthen their competitiveness and
ment intends to play a proactive role in efforts in enhance their reputation, whereas those who fail to
the UN and the OECD to develop guidelines and do so may find that this has negative consequences
processes that promote CSR. for their access to capital, value creation and recru-
The white paper provides an overview of the itment. On the other hand, corporate responsibility
authorities’ expectations of the private sector in may entail new costs for companies, particularly if
terms of social responsibility. However, the autho- they are not already engaged in systematic CSR
rities and the public sector also have responsibility efforts.
for maintaining high ethical standards in their own An extension of the duty to provide information
activities. The authorities play an important role as set out in the Accounting Act to include informa-
owner, investor and purchaser. Companies with tion on social responsibility, which the Govern-
state ownership are required and expected to ment intends to propose, would not in itself neces-
observe high standards of social responsibility, as sarily involve any significant costs for the compa-
are the authorities in managing the assets of the nies concerned. Internal measures and procedures
Government Pension Fund and in their procure- introduced by companies to follow this up could,
ment policy. however, entail additional costs.
The white paper also discusses how the autho-
rities will provide improved guidance and advisory
services concerning CSR. This will be followed up The Ministry of Foreign Affairs
by the Ministry of Foreign Affairs in cooperation
with other ministries and the social partners, and hereby recomends:
in contact with NGOs. These and other measures
outlined in the white paper will be covered by the that the recommendation from the Ministry of
budgets of the ministries concerned. Foreign Affairs concerning corporate social
The Government expects all companies to acti- responsibility in a global economy dated 23 Janu-
vely exercise social responsibility. Although the ary 2009 should be submitted to the Storting.
financial consequences of this for the companies
2008– 2009 Report No. 10 to the Storting 107
Corporate social responsibility in a global economy

Annex 1

Relevant websites and tools

Norway International guidelines and initiatives


NHO, www.nho.no OECD Guidelines for Multinational Enterprises,
HSH, www.hsh-org.no www.oecd.org
LO, www.lo.no UN Global Compact, www.unglobalcompact.org
Innovation Norway, www.innovasjonnorge.no ILO, www.ilo.org
Norwegian Shipowners’ Association, UN Principles for Responsible Investments,
www.rederi.no www.unpri.org
Norad, www.norad.no UN Development Programme, www.undp.org
Norfund, www.norfund.no Extractive Industries Transparency Initiative,
GIEK, www.giek.no www.eitransparency.org
Council on Ethics for the Government Pension Equator Principles, www.equator-principles.com
Fund – Global Global Reporting Initiative,
http://www.regjeringen.no/nb/sub/Styrer-rad- www.globalreporting.org
utvalg/etikkradet.html?id=434879 Voluntary Principles on Security and Human
Ethical Trading Initiative Norway, Rights, www.voluntaryprinciples.org
www.etiskhandel.no Carbon Disclosure Project, www.cdproject.net
Eco-Lighthouse, www.miljofyrtarn.no The Kimberley Process,
Norwegian Forum for Environment and Develop- www.kimberleyprocess.com
ment (ForUM), www.forumfor.no International Organization for Standardization
Amnesty Norway, www.amnesty.no (ISO), www.iso.org
Norwegian Church Aid, www.nca.no
Transparency Norway, www.transparency.no
Publish What You Pay – Norway, Tools and networks
www.publishwhatyoupay.no Human rights and business,
Future in Our Hands – Norwatch, www.business-humanrights.org
www.norwatch.no Anti-corruption business portal,
www.business-anti-corruption.org
FAFO Red Flags, www.redflags.info
Other countries Human Rights Compliance Assessment,
Denmark, www.eogs.dk/sw32171.asp www.humanrightsbusiness.org/040_hrca.htm
and www.samfundsansvar.dk/ World Business Council for Sustainable Develop-
Swedem, www.regeringen.se/sb/d/2657 ment (WBCSD), www.wbcsd.org
EU, CSR Europe, www.csreurope.org
http://ec.europa.eu/enterprise/csr/index_en.htm
Report No. 10 (2008–2009) to the Storting
Report No. 10 (2008–2009) to the Storting

Published by:

Norwegian Ministry of Foreign Affairs

Corporate social responsibility


Internet address:

www.government.no
in a global economy
Cover illustration: Torbjørn Vagstein

Cover illustration quote: Former UN Secretary-General

Kofi Annan, “The Business Contribution to the Millennium

Development Goals,” 14 June 2005

Printed by:

07 Gruppen AS – 06/2009 – Impression 2000

Corporate social responsibility in a global economy

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