澳新-金边制糖案对经合组织国家企业责任联络点制度的启示

IF 2.3 Q3 BUSINESS Business and Human Rights Journal Pub Date : 2023-06-22 DOI:10.1017/bhj.2023.24
N. Bugalski, David Pred
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引用次数: 0

摘要

2020年2月,经过长达十年的正义斗争,一群坚定的流离失所的柬埔寨农民和两个倡导组织(包容性发展国际和公平柬埔寨)与澳大利亚新西兰银行集团(ANZ)达成了一项具有里程碑意义的协议,为农民的苦难提供经济补偿。该协议为全球银行业树立了一个重要的人权先例。这是人们所知的第一次,一家商业银行在承认其人权尽职调查不足之后,为补救其企业客户所造成的损害作出财政捐助该案例也是一个社区通过经济合作与发展组织(OECD)的企业责任自愿制度(OECD的国家联络点或ncp)获得经济补偿的罕见例子。虽然最终结果是积极的,但它的独特性以及获得它所需的巨大努力、坚韧不拔和资源,既表明了这种企业问责制的问题,也表明了需要进行哪些改革才能发挥其潜力,促进企业更尊重人权。
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Lessons from the ANZ-Phnom Penh Sugar Case for the OECD National Contact Point System of Corporate Accountability
In February 2020, following a decade-long struggle for justice, a determined group of displaced Cambodian farmers and two advocacy organizations (Inclusive Development International and Equitable Cambodia) reached a landmark agreement with the Australia New Zealand Banking Group (ANZ) to provide a financial pay-out to the farmers for their suffering. The agreement set an important human rights precedent for the global banking industry. It was the first time known that a commercial bank made a financial contribution to remediate harms caused by one of its corporate customers, after acknowledging that its human rights due diligence had been inadequate.1 The case was also a rare example of a community receiving financial compensation through the Organization for Economic Cooperation and Development (OECD)’s voluntary system of corporate accountability (the OECD’s National Contact Points or NCPs). While the final outcome was positive, its singularity and the immense effort, tenacity and resources required in obtaining it, demonstrate both what is wrong with this corporate accountability system and what reforms are needed to reach its potential to advance greater business respect for human rights.
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来源期刊
CiteScore
3.30
自引率
13.60%
发文量
41
期刊介绍: The Business and Human Rights Journal (BHRJ) provides an authoritative platform for scholarly debate on all issues concerning the intersection of business and human rights in an open, critical and interdisciplinary manner. It seeks to advance the academic discussion on business and human rights as well as promote concern for human rights in business practice. BHRJ strives for the broadest possible scope, authorship and readership. Its scope encompasses interface of any type of business enterprise with human rights, environmental rights, labour rights and the collective rights of vulnerable groups. The Editors welcome theoretical, empirical and policy / reform-oriented perspectives and encourage submissions from academics and practitioners in all global regions and all relevant disciplines. A dialogue beyond academia is fostered as peer-reviewed articles are published alongside shorter ‘Developments in the Field’ items that include policy, legal and regulatory developments, as well as case studies and insight pieces.
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