ISO 26000 – Does it have an added value?
NCCR Workshop 25 November 2010 Dr. Franziska Humbert
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Outline • History and rationale of ISO 26000 • Scope, definition and general principles • Key concepts: supply chain, sphere of influence, due diligence and complicity • Core subjects including human rights and labour practices • Implementation • A transparent multi-stakeholder process? • A framework for CSR
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History and Rationale • ISO Consumer Committee in favour of a standard improving corporate social behaviour • Industry and NGOs critical of ISO being the appropriate institution • ISO 26 000 on social responsibility for organisations process started in 2004 involving six stakeholder groups (industry, NGOs, labour, consumers, SSRO, government) • Adopted on 12 September 2010 with support of China, India but not the US
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Scope • Guidance on social responsibility including organisational governance, human rights, labour practices, environment, fair operating practices, consumer issues, community involvement and development, implementation) • Not a management standard, not for certification • Not intended as a standard within the meaning of WTO law or as evidence for soft law!
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Definition and general principles • • • •
Definition on social responsibility Social responsibility and philanthropy International norms of behaviour Relativity of human rights?
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Supply chain, sphere of influence and due diligence • Organisations are responsible for negative impacts resulting from their decisions and activities within their sphere of influence, including parts of their supply chain. • They are not responsible purely because they may have some influence over their relationships. • When assessing its sphere of influence and determining its responsibilities, an organization should exercise due diligence to avoid contributing to negative impacts through its relationships.
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Complicity • • • •
An organization should avoid being complicit. Complicity in a non-legal sense Direct complicity Beneficial complicity: A parent company benefitting from child labour in supplier factories. • Silent complicity: A company does not criticise systematic discrimination in employment law against particular groups.
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Core subjects including human rights and labour practices • All core subjects are relevant for each organisation. • Comprehensive standard including community development and consumer issues • All major human rights instruments are referred to. • The principle of free prior informed consent is missing. • The NGO definition of a living wage is missing. • A high level of influence corresponds to a high level of responsibility. • Home workers are part of the supply chain (children sewing footballs in Pakistan)
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Implementation • • • •
No supervisory mechanism Rather vague language lacking clear recommendations Instead, some elements mentioned in the labour chapter. Mention of social reporting and the comply or explain principle • No added value but referring to voluntary initiatives • However, mention of purchasing practices in chapter on fair operating practices is a major achievement and an important added value.
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A transparent multi-stakeholder process? • Multi-stakeholder process but no equal representation of stakeholders (e.g. few labour representatives) • A lack of transparency • Controversy on the principle of consensus, ad hoc groups, and voting
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A framework for CSR • Hot debate on possible impacts and abuses for certification issues • Its potential lies in providing an accepted framework for CSR. • Most important achievements are the definition and the inclusion of the concepts of sphere of influence, due diligence and complicity. • Contribution to the formation of soft law • A standard under WTO law?
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