Blog: Amelia Evans

August 27, 2020

Rethinking MSIs: Are Multi-Stakeholder Initiatives Mere Lip Service for Local Communities?

Posted by Jaff Bamenjo, Coordinator of RELUFA/Cameroon

Multi-stakeholder Initiatives (MSIs) emerged in the 1990s as frameworks for engagement between governments, the private sector and civil society organizations (CSOs) to address human rights issues in business. There are currently several sector-specific MSIs around the world originally conceived to address problems, ranging from labor abuse to corruption, in agriculture, extractive industries, forests, the environment and beyond. After more than two decades, however, local communities are now questioning whether MSIs have proved relevant and effective in addressing these problems.

As a civil society actor who works closely with communities affected by resource extraction in Cameroon, I have closely followed the implementation of two MSIs: the Kimberley Process Certification Scheme (KPCS) and the Extractive Industries Transparency Initiative (EITI) for close to a decade. The KPCS and EITI were both created in the early 2000s and received with a lot of enthusiasm by some CSOs as tools to promote transparency and accountability in the extractive sector and prevent diamond-fueled conflicts, respectively. Though almost twenty years later, it is quite telling how these MSIs are oblivious to the concerns of the local communities that were the intended beneficiaries of their creation.


The Kimberley Process Certification Scheme: Sidelining civil society and not addressing key issues


Formed in 2003 by the United Nations (UN) General Assembly, the KPCS is a joint government, industry and civil society initiative aimed at eliminating the trade in conflict diamonds. The KPCS was created in response to public outcry at the end of the 1990s over diamond-fueled conflicts in certain African countries. Today, the KPCS takes credit for eliminating about 98.8% of conflict diamonds in the world.

The commonly used definition of conflict diamonds, however, is incredibly narrow: “rough diamonds used by rebel groups or their allies fighting to overthrow a legitimate government.” While it can be argued that, apart from in the Central African Republic, there are no rebel movements currently using diamonds to fund wars to overthrow legitimate governments, human rights violations and massacres have reportedly continued in diamond mines around the world. And in turn, they disproportionately impact local communities near the mines.

Per the narrow definition of conflict diamonds, KPCS pays little attention to such human rights violations. Instead, they classify them as outside their scope. But such neglect by the KPCS to include other forms of abuse committed by the military or private security agents is incomprehensible to those most affected. In the Marange diamond fields of Zimbabwe, some CSOs have reported security agents for private mining companies unleashing dogs on and shooting defenseless local artisanal miners. Yet diamonds sourced from these fields are certified and allowed to enter the international market.

Continue Reading…

August 27, 2020

Learning About Business and Human Rights with MSI Integrity


Q&A with Rebecca Tweedie JD’21


Last month, the Institute for Multi-Stakeholder Initiative Integrity (MSI Integrity) reflected on 10 years of trying to make the world better for workers and rights-holders in the business world in a new report, “Not Fit-for-Purpose.” MSI Integrity, an organization Amelia Evans LLM’12 and Human Rights Program and International Human Rights Clinic Co-Director Tyler Giannini co-founded in 2013, has spent the last decade dedicated to understanding the human rights impact and value of voluntary multi-stakeholder initiatives (MSIs). MSIs are collaborations between businesses, civil society, and other stakeholders that were originally piloted to give rights-holders a seat at the table with corporations. The new report explains in detail how, after years of trial and error, MSIs have failed to deliver on their promise and ensure best practices in the business and human rights landscape. The organization has promised a new way forward for their organization: exploring a world beyond corporations.

Over the years, International Human Rights Clinic students and staff have contributed dozens of hours of research and writing to projects with MSI Integrity. Rebecca Tweedie JD’21 worked closely with Giannini and Evans this year on the report and spent January Term 2020 interning with MSI Integrity. We recently spoke with her to learn more about what she learned on the project and her interest in human rights.


Continue Reading…

August 20, 2020

Rethinking MSIs: Where is the debate about democracy and multi-stakeholder governance?

Posted by Harris Gleckman

Multi-stakeholder standard-setting organizations, or multi-stakeholder initiatives (MSIs), are part of a wider political push to introduce multi-stakeholderism as a legitimate component in global governance. However, they are not sufficiently democratic or accountable to external constituencies to warrant their status or standing as global governance tools.

Understanding the different types of MSIs: standard-setting, policy-setting and project-delivery 


There are actually two distinct forms of MSI. One sub-class focuses primarily on enhancing social, environmental, and community goals through setting global market standards, and secondarily, on balancing these concerns with its management of conflicts between firms and sectors in a given “socially responsible” global market. The other sub-class of MSI reverses these priorities. In the case of internet governance, for example, the primary focus of the standard-setting activity is managing inter-corporate and inter-sub-sector battles, while the secondary focus is responding to calls for social access, enhanced privacy, and discounted pricing for marginal communities.  

Beyond standard-setting MSIs, there are two other forms of multi-stakeholder global governance arrangements: (1) multi-stakeholder bodies that develop global policy directions; and (2) multi-stakeholder consortia which implement specific geographically and time-limited projects. 

On the policy front, for example, one can look at the World Economic Forum with its effort to set global policy via their Global Future Councils, or their “offer” to take leadership of work areas traditionally occupied by the United Nations like food security and biodiversity, and their new strategic partnership agreement with the Office of the UN Secretary-General. These policy-oriented multi-stakeholder arrangements convene, usually under the leadership of a corporate body, a combination of market-oriented government figures, friendly civil society organizations, academic specialists, and corporate executives eager to develop a public policy consensus within a global market system. 

Public private partnerships are an example of project-delivery multi-stakeholderism. They bring together separate categories of actors but, rather than setting standards, they seek to deliver a specific public good or service while effectively gaining a degree of governance over a specific population. 

These three types of multi-stakeholder arrangements—standard-setting, policy-setting, and project-delivery—reflect the diversity of forms of multi-stakeholderism in practice and in theory. They represent a drive to shift global governance away from multilateralism and one-country-one-vote toward a multi-stakeholder form of global governance. 

Continue Reading…

Share By Email

loading
Close

July 30, 2020

Rethinking MSIs: Regulating Responsible Business Conduct

Posted by Manon Wolfkamp, David Ollivier de Leth, and Mariëtte van Huijstee

Between 2014 and 2019, Dutch businesses in garments and textile, banking, forestry, gold, food products, insurance, pension funds, metals, floriculture, and natural stones all entered into government-induced agreements to encourage responsible business practice. Over five years, eleven such agreements were completed. These multi-stakeholder, voluntary, sector level Responsible Business Conduct (RBC) agreements have been cornerstones of the Dutch government’s method to  incentivize companies to respect human rights and the environment for years, and can be regarded as government-induced multi-stakeholder initiatives (MSIs). Inviting companies and business associations in high human rights risk sectors to enter into negotiations with civil society organizations (CSOs) and the government, RBC agreements aim to encourage companies to develop their own policies for promoting responsible business conduct. But are they effective?

The present Dutch governments’ coalition agreement agreed to evaluate this policy, which was executed by KIT Institute over the past few months and published in July 2020. The long-awaited evaluation shows that the Dutch policy promoting responsible business conduct by means of RBC agreements is insufficient. 

The evaluation draws critical conclusions: only 1.6 percent of the companies active in high-risk sectors participate directly in the agreements. In addition, some sectors, such as the oil and gas sector, refuse to enter into any agreement at all. In other sectors, the share of companies reached is moderate (such as clothing and textiles and natural stone) to low (horticulture, metal). Substantial progress in the implementation of due diligence by participating companies was observed in only two out of 11 evaluated agreements (namely in clothing and textile and banking). 

It is also noteworthy that various agreements lack independent monitoring (for example, food and wood), which creates a risk of greenwashing. Furthermore, there is no clear minimum standard that the agreements must meet. Commitments of companies in two RBC agreements are actually not in line with the international normative framework (wood and vegetable proteins). The evaluation also shows that the role of the Dutch government is inadequate. Especially during the negotiation phase, the business sector is in the lead: only the private sector can initiate negotiations, and critical CSOs can be replaced by more cooperative organisations in order to reach an agreement. The government can fix this imbalance by taking on a greater role itself during the negotiations, for example by not financing agreements that do not meet a set minimum standard. 

The evaluation is positive about the role of the covenants as a means to connect companies to NGOs and trade unions, to facilitate exchanges and to develop a harmonized approach to due diligence. 

When it comes to realizing positive effects or reducing negative impacts on adversely affected rights holders in the targeted sectors, the KIT evaluation concludes: “Across the RBC agreements, progress on due diligence is largely too limited to identify concrete impacts”( p.8) and “Overall, we have not observed a reduction in negative impacts in global value chains as a result of the RBC agreements” (p.9). Furthermore, the research reports unresolved differences in expectations between companies and CSOs on the extent to which RBC agreements should function as platforms to hold companies to account.All in all, the outcomes of the KIT evaluation show great similarity with the outcomes of MSI Integrity’s meta-analysis of MSI’s titled Not Fit-For-Purpose published in July, as is exemplified by this picture taken from the report:

Continue Reading…

Share By Email

loading
Close

July 28, 2020

July 30 Virtual Event: Beyond Business-as-Usual

Text reads "Beyond Business-as-Usual," with sub, "Lessons from workers, communities, and the failed experiment of multi-stakeholder initiatives," on July 30 at 10am to 11am.


As part of our collaboration with MSI Integrity in the #RethinkingMSIs series, we’re hosting a discussion with some all-star panelists on Thursday, July 30 at 10 am ET to talk about building better tools to center workers and support human rights. The event will draw insights from MSI Integrity’s recent report examining international standard-setting multi-stakeholder initiatives (MSIs).

The discussion will be live-illustrated by Sita Magnuson, Experience Designer & Educator at dpict. Krizna Gomez, Director of Programs and lead facilitator at JustLabs, will moderate the event.

Speakers will include:

Joseph Cureton, Chief Coordinating Officer at Obran Cooperative
Dr. Surya Deva, Member, UN Working Group on Business and Human Rights
Amelia Evans, Executive Director, MSI Integrity
Daniel Fireside, Capital Coordinator, Equal Exchange
Tyler Giannini, Co-Director and Clinical Professor, International Human Rights Clinic and Human Rights Program, Harvard Law School
Gerardo Reyes Chavez, a key leader from the Coalition of Immokalee Workers

Read the full description on our events page. Register via zoom today!

Share By Email

loading
Close

July 16, 2020

Rethinking Multi-Stakeholder Initiatives Blog Series

Posted by Tyler Giannini and Amelia Evans

Ten years ago, our Clinic was asked to figure out a way to evaluate whether multi-stakeholder initiatives—or MSIs for short—were helping to advance human rights or whether in fact they were doing precisely the opposite.

MSIs are voluntary governance efforts that bring together corporations, civil society, academics, and in some cases governments and rights holders themselves to (privately) govern thorny human rights issues, and by 2010, they had proliferated in the business and human rights field.

The allure was (and still is) obvious. If we bring the right players together, they can learn from each other and solve a given problem by setting up a democratic institution that can prevent future abuses and sanction violators, and governments will not have to pass hard laws and unnecessary regulations. The potential flaws were (and remain) just as obvious—the power imbalances amongst the players are acute and asking industry to voluntarily give up power and self-regulate is a fool’s errand that puts the fox in charge of the chicken coop.

Thus, we set out to look at which way the institutions had gone—had they filled their promise or had the inherent flaws gotten the better of them? Little to no systematic work on the question had been done at the time, and what started as a one-semester project turned into a non-profit—MSI Integrity—and a decade of work.

Today, MSI integrity is publishing its new report, entitled ”Not Fit for Purpose,” which compiles its experience and insights over the last decade. The report explores cross-cutting trends and lessons learned about MSIs, as a field, from a human rights perspective. MSI Integrity’s assessment is clear:

Continue Reading…

July 16, 2020

New way forward for corporations necessary, says MSI Integrity report


Clinic-incubated org documents systemic failure of business and human rights tool

Screenshot of the banner on the MSI Integrity website which says, "Rethinking the Role of MSIs" on the left, "Not Fit-for-Purpose: The Grand Experiment of Multi-Stakeholder Initiatives in Corporate Accountability, Human Rights, and Global Governance," in the middle, and "Reimagining the Corporation," on the right.
A new website, Not Fit-For-Purpose, explores the insights contained in the report.

Three decades ago, a grand experiment in human rights and global governance began to unfold. In the absence of rigorous government regulation of transnational corporations, civil society organizations began stepping into this regulatory void by collaborating with industry representatives to create voluntary codes of conduct and oversight mechanisms.

These multi-stakeholder initiatives (MSIs) now cover almost every major industry, from certifying food or consumer products as “sustainable,” “fair,” or “ethical,” to establishing good practices for internet companies in respect of privacy and freedom of expression online.

The new report from MSI Integrity, Not Fit-For-Purpose, is the culmination of a decade of research and analysis into international standard-setting MSIs. The report finds that, while MSIs can play important roles for engaging corporations, they are not effective tools to ensure that they respect human rights, to hold them accountable for abuse, or to provide rights holders with access to remedy for abuses. 

“Over time, MSIs [multi-stakeholder initiatives] have become captured and dominated by corporations. So, while they may not have been designed to fail, I think they were destined to fail,” MSI Integrity Executive Director Amelia Evans LLM’11 said recently in a Guardian article about the report.

The report is a call to rethink the role of MSIs, and voluntary regulation more broadly, and for more effective regulation and enforcement of corporations at the local, national and international levels. The report also calls on the human rights community to challenge and change the corporate form itself, which excludes rights holders, workers, and communities from business decisions that impact them more than anyone else.

International Human Rights Clinic students and staff contributed research, writing, and editing, including: Alicia Brudney JD’19, Yanbing Chu JD’19, Sabrina Singh JD’20, Praggya Surana LLM’19, Rebecca Tweedie JD’21, and Vincent Yang JD’20, and Tyler Giannini, HRP and Clinic Co-Director and Clinical Professor of Law at Harvard Law School. Malene Alleyne LLM’17, MSI Integrity’s Research Coordinator and Clinic alum, was instrumental in the report’s production and dissemination.

MSI Integrity was incubated at the International Human Rights Clinic at Harvard Law School from 2010-2013 by Evans and Tyler Giannini, who is active on the board and still frequently collaborates with Evans on clinical projects. The organization began after NGOs and government officials — concerned with understanding whether MSIs were working — expressed the need for an independent organization to focus on measuring the effectiveness of MSIs.

Want to learn more about MSIs and the report? See below for commentary, events, and more.

Visit the report website: msi-integrity.org/not-fit-for-purpose/

Register for our July 30 discussion on worker/community-centered human rights interventions and lessons from the failed experiment of MSIs, with workers and their allies from WSR Network, Equal Exchange and Obran: https://bit.ly/38XdplF   

Stay tuned for a joint blog series with MSI Integrity, “Rethinking Multi-Stakeholder Initiatives,” that will be launching soon.

The text above draws from the “Not Fit-For-Purpose” MSI Integrity report launch website.

October 23, 2013

Q & A: Joshua Oppenheimer, Director of “The Act of Killing”

Posted by Cara Solomon

Earlier this month, we welcomed the director Joshua Oppenheimer for a panel discussion of his controversial documentary, “The Act of Killing,” a film that explores a country where death squad leaders are celebrated as heroes. Its focus is Indonesia, where a military coup in 1965 led to killings of more than 1 million alleged Communists, ethnic Chinese and intellectuals. Oppenheimer examines the culture of impunity that surrounds those killings through interviews with perpetrators, asking them to re-enact their crimes in the style of their favorite Hollywood genres: the gangster, the western, and the musical.

Clinical supervisor and filmmaker Amelia Evans, LLM ’11, sat down with Oppenheimer prior to the event to discuss the film. The interview has been edited slightly for clarity.

Amelia: I understand the film had a collaborative beginning—that you got feedback from different community members and those in the human rights community and others before really fully embarking on the project. Can you tell me a bit about that, and why you did that?

Joshua: We began this work in collaboration with a community of plantation workers on a Belgian-owned oil palm plantation about 60 miles from Medan, where we made the film. As we made a film with them about their struggle to organize a union, which had been illegal under the Suharto dictatorship, we found out that they were survivors of the genocide. It turned out that the biggest obstacle they faced in organizing a union was fear. And they said: “Please come back as quickly as you can after making this first film to make a film about why we’re afraid.” Namely, the co-existence between perpetrators who enjoy total impunity, and survivors who are still intimidated by them.

When we got back, word had got out that we were interested in what happened in 1965, which was of course the source of their fear—or at least the reverberations of those events into the present—and  the local army stopped allowing us to film with them. Police chiefs would show up, army chiefs would show up, plantation administrators backed up by the army would show up, and not let the survivors talk. The people we were filming with, who we had been very close to because we had made a film with them already, said: “Look, go and film this neighbor or that neighbor”—pointing out several who were death squad leaders at the time—”and they may have information about how our loved ones were killed.”

We filmed them, and they were immensely boastful, and we didn’t expect that, and it was horrifying and shocking. We felt like this is perhaps how the Nazis would talk if 40 years had gone by and they were still in power. And our work on the Belgian oil palm plantation had taught us that this was in fact the dark underbelly of globalization. Indonesia’s not the exception to the rule. What we’re hearing in this boasting is perhaps the allegory for the rule. Continue Reading…

Share By Email

loading
Close

August 22, 2013

Q & A: Amelia Evans, LLM ’11, Founder of Institute for Multi-Stakeholder Initiative Integrity

Posted by Cara Solomon

This past spring, more than 70 people gathered to celebrate the launch of the Institute for Multi-Stakeholder Initiative Integrity (MSI Integrity), a business and human rights organization founded by Clinic alumna Amelia Evans, LLM ’11. It was a momentous occasion: MSI Integrity is one of the first non-profits to come out of the Clinical and Pro-Bono Program at Harvard Law School (HLS). In her comments, HLS Dean Martha Minow described its mission as both essential and exciting.

Recently, we sat down with Amelia to talk about the origins of MSI Integrity, and where it fits into the landscape of business and human rights.

Congratulations on the launch, Amelia. Before we start talking about the work of the organization, tell me a bit about how you get interested in the field of business and human rights in the first place.

From left: Amelia Evans, LLM '11, Tyler Giannini, and Dean Martha Minow, celebrating the launch of the Institute for Multi-Stakeholder Integrity.

From left: Amelia Evans, LLM ’11, Tyler Giannini, and Dean Martha Minow, celebrating the launch of the Institute for Multi-Stakeholder Integrity.

Well, back in New Zealand, I was occupying two different worlds — I had dabbled in investment banking and commercial law, but was also an advocate at a domestic violence shelter. I felt really alienated from both of these spaces. At the firms, I felt that everybody was judging me for being part of a feminist collective, and when I was a participant in the collective, everyone was very skeptical of my commercial interests. It was frustrating that these two worlds just couldn’t be bridged, that they didn’t speak to each other in any way. At some point, I realized that the connection between the two was business and human rights, and I wanted to learn more about that.

Through my research, I saw the work that Tyler Giannini had done, so I applied to Harvard Law School hoping to work with him in the Clinic. Clinical education isn’t something that’s offered in New Zealand, and I was very eager to experience it. As soon as I got into HLS, I emailed Tyler to ask about getting involved in the Clinic in the fall, and he told me there were limited spots for LLMs. So I spent a lot of time crafting my application, and once I got in, I just tried to devote as many hours and credits to it as I could. I’m fairly certain no one could have taken more clinical credits than I did….I just loved it so much.

What kind of work did you do in the Clinic?

I was involved in three different business and human rights projects. One was the Kiobel v. Royal Dutch Petroleum Co. case, at the appellate level, with the legal historians’ amicus brief. The second was a corporate accountability case looking at remediation for survivors of human rights abuses. And the third was about multi-stakeholder initiatives or MSIs, which are these voluntary organizations that address human rights concerns within a given industry. Basically, they bring together different actors—civil society, government, rights holders, and businesses themselves—in an attempt to strengthen human rights within that industry.

The goal of our clinical project was to understand how effective these MSIs were, and to do that by creating ways to evaluate that effectiveness from a human rights perspective.

Why the focus on MSIs?

They’ve become a go-to mechanism for corporate accountability given the governance gap that exists in today’s globalized economy. It’s really difficult to get a treaty developed, or to get legislation passed that applies with extraterritorial effect, so the response has often been, “Let’s try to do something voluntarily.”

Enter MSIs. They’ve exploded in number over the past decade. Name a major global industry, name a geographic area, name a human rights issue, and there’s an MSI that applies. Most consumers have never heard of them, but the fact is that we interact with the work of MSIs on a regular basis. The label that says it’s fair trade, the certification of diamonds as conflict or blood-free — this is all the work of MSIs.

In the Clinic, we saw MSIs as an innovative way to get at business and human rights issues. But the questions were: are they working? Are they leading to improved human rights outcomes? Or are they actually, in some ways, stopping improvement in human rights? Continue Reading…

Share By Email

loading
Close

April 17, 2013

Today: Clinic Launches New Organization On Business and Human Rights

Event Notice

April 17, 2013

“MSI Integrity: A New Business and Human Rights Organization”

4:30-6:30 pm

Harkness South

Drinks will be served!

Join the International Human Rights Clinic for the launch of the Institute for Multi-Stakeholder Initiative Integrity, a non-profit organization the Clinic has helped get off the ground. MSI Integrity aims to strengthen the ability of multi-stakeholder initiatives, like Fairtrade and the Kimberley Process, to respect human rights, prevent violations, and remedy abuses.

Share By Email

loading
Close