Corporate Social Responsibility
Corporate Social Responsibility
Corporate Social
Responsibility
A Case Study Approach
Edited by
Christine A. Mallin
Professor of Corporate Governance and Finance, and Director,
Centre for Corporate Governance Research, University of
Birmingham, UK
Edward Elgar
Cheltenham, UK • Northampton, MA, USA
© Christine A. Mallin 2009
Published by
Edward Elgar Publishing Limited
The Lypiatts
15 Lansdown Road
Cheltenham
Glos GL50 2JA
UK
A catalogue record for this book is available from the British Library
4 CSR in Russia 81
Alexander Settles, Olga Melitonyan and James Gillies
5 Responsible business in Polish economic practice: the
experiences of the Camela S.A. Factory of Clothing Inserts 98
Izabela Koładkiewicz
v
vi Corporate social responsibility
Index 275
Figures
1.1 Sabaf’s step to triple bottom line reporting in 2005 18
1.2 Sabaf and its stakeholders 20
1.3 Added value allocation 26
2.1 Corporate governance ratings by country (Europe) 41
2.2 Women in the boardroom by country (Europe, 2006) 44
2.3 Women in the boardroom by country (Europe, 2007) 44
6.1 Analysis of the actor-centered approach in CSR 127
9.1 Braybrooke and Lindblom’s diagram of decision types 196
9.2 Average sales by involvement in areas of severe human
rights abuse 203
9.3 Average sales by involvement in areas of severe human
rights abuse (number of countries) 204
9.4 Average sales by involvement in areas of severe human
rights abuse (groups of countries) 204
9.5 Average sales by involvement in areas of severe human
rights abuse (excluding outlier) 205
9.6 Amount of CSD reporting by topic and by involvement in
areas of severe human rights abuse (excluding outlier) 206
9.7 Share of CSD reporting by topic for different companies by
involvement in areas of severe human rights abuse 207
10.1 Analytical framework of factors affecting the adoption of
CoC 226
11.1 The framework for Shari’ah Law 264
11.2 An alternative Islamic framework 264
vii
Tables
1.1 Board of directors and board committees at Sabaf S.p.a. 13
1.2 Evolution of the structure of Sabaf’s social report 17
1.3 Evolution of identification of stakeholders 21
1.4 Policies, provisions and key projects 23
1.5 Human capital indicators 28
1.6 Structural capital indicators 29
1.7 Relational capital indicators 31
1.8 Social indicators 32
1.9 Environmental indicators 33
2.1 Responsible index ratings 42
5.1 Benefits provided by Camela for employees and the wider
stakeholder community: summary 111
6.1 Rankings of social responsibility in Korea and Japan 125
6.2 Social contributions ratio in Korea and Japan 125
6.3 Comparison of the role of actors in formulation of CSR
between Korea and Japan 141
7.1 Federal election results for Tasmania 160
7.2 Federal election results for Minister for Environment
(Turnbull) and Shadow Minister for Environment (Garrett) 161
7.3 Potential hidden costs of the Tamar Valley pulp mill 164
10.1 Turkey’s garment industry, descriptive statistics (2007) 228
10.2 Interviews with supplier firms 231
11.1 Stage of development of Islamic finance in the MENA
region 259
11.2 Islamic banking products 265
viii
Contributors
Ruth V. Aguilera, Associate Professor, College of Business and Institute
of Labor and Industrial Relations, University of Illinois at Urbana-
Champaign, IL, USA.
Melsa Ararat, Director, Corporate Governance Forum of Turkey, Sabanci
University, Turkey.
Mahmut Bayazıt, Faculty of Management, Sabanci University, Turkey.
Matthias Beck, Professor of Public Sector Management, York Management
School, University of York, UK.
Silvia Carta, Department of Accounting and Business Economics,
University of Cagliari, Italy.
Seungho Choi, Eli Broad Graduate School of Management, Michigan
State University, MI, USA.
Kate Spilde Contreras, Chair, Sycuan Institute on Tribal Gaming and
Associate Professor, School of Hospitality and Tourism Management,
San Diego State University, San Diego, CA, USA.
Silvia Del Rio, Department of Law and Business Administration,
University of Rome TRE, Italy.
Kathy Gibson, Senior Lecturer, University of Tasmania, Australia.
James Gillies, Dean Emeritus of the Schulich School of Business, York
University, Toronto, Canada.
Silvia Gómez Ansón, Professor of Finance and Accounting, University of
Oviedo, Spain.
Ronald Jeurissen, Professor of Business Ethics at Nyenrode Business
Universiteit, and Chairman of the European Institute for Business Ethics,
The Netherlands.
Izabela Koładkiewicz, Assistant Professor, Koźmiński University, Warsaw,
Poland.
ix
x Corporate social responsibility
1
2 Corporate social responsibility
CSR IN EUROPE
Russia and Poland are the two countries featured in Part II.
In Chapter 4, Alexander Settles, Olga Melitonyan and James Gillies
discuss the development of CSR in Russia and highlight the impact of
key events, notably the transition from a command to a market economy.
They conclude that the focus of Russian firms with respect to CSR is pri-
marily on domestic issues and that so far there is limited interest in issues
Introduction and overview 3
Finally, Part IV contains case studies which highlight CSR in four differ-
ent contexts in several countries.
4 Corporate social responsibility
CONCLUSIONS
This volume contains case studies from many different regions around the
globe, reflecting various stages of economic development, legal systems,
political and cultural aspirations. The development of CSR is at differ-
ent stages in different companies, and industries, in various countries.
However, the trend does seem to be for CSR to be increasingly viewed as
an essential rather than as something that is merely desirable. The adop-
tion of CSR practices leads to improved relationships with the various
stakeholders and should also contribute to the long-term sustainability of
companies, countries, and ultimately the world.
Introduction and overview 5
I would like to thank the authors for their time in writing the case studies.
The authors, like the countries represented in the book, constitute a range
of nationalities, and are from various professional backgrounds including
academics and company directors. They all care deeply about CSR and
how it can help to shape a better future for us all. I trust that readers of
this volume will enjoy the various chapters and be made even more aware
of the importance of CSR and how it holds the key to the future.
PART I
CSR in Europe
1. CSR and integrated triple bottom
line reporting in Italy: case study
evidence
Andrea Melis, Silvia Carta, Silvia Del Rio
INTRODUCTION
9
10 Corporate social responsibility
circles. Onida (1968) provided the first modern contribution to this topic
with his normative theory of ‘simultaneous maxima’ (teoria dei massimi
simultanei), according to which, companies should maximize the value
of all corporate stakeholders, rather than focusing on financial perform-
ance and shareholders’ value. From a normative perspective, Masini
(1970) argued that profit does not represent the final aim of a firm, but is
instrumental in satisfying the needs of shareholders and workers. Coda
(1985) pointed out that firms that seek profit maximization at the expenses
of stakeholders’ value are likely to have their financial sustainability
constrained in the long term. Catturi (1994) endorsed a global added-
value approach, similar to the triple bottom line (see Elkington, 1997),
by arguing that a company creates value only if it satisfies all human
needs, that is, the wealth captured by consumers, employees, and sup-
pliers of capital exceeds any external costs (such as environmental costs)
imposed on the surrounding community or on others who are not direct
participants in the enterprise.
Industrial districts and small and medium-sized enterprises (SMEs) have
engaged in sustainable forms of conducting business through the conver-
gence of the interests of shareholders, employees, senior management and
the local communities (Canarutto and Nidasio, 2005).
A recent survey conducted by Perrini et al. (2006), which selected 395
Italian companies that were likely to be ‘CSR sensitive’, found that the
most frequent CSR activities carried out by the Italian companies ana-
lysed are: training activities (89 per cent), safeguarding employees’ health
(82 per cent), support of the local community (72 per cent), support of
cultural activities (70 per cent), and control of product safety (67 per cent)
and its impact on the environment (62 per cent). These companies have
usually adopted CSR tools such as employee involvement programmes
(83 per cent), sponsorships (75 per cent) and donations (51 per cent). As
for the reasons that encouraged companies to adopt socially responsible
behaviour, the most frequent advantages indicated by the companies
were: (i) benefits to company image (90 per cent), (ii) opportunity to
improve relations with the local community (76 per cent) and (iii) ethical
motivations of senior management (56 per cent).
CSR reporting is a central charter for public relations in communicat-
ing an organization’s socially responsible activities and in creating mutual
understanding with its stakeholders in order to achieve legitimacy.1
In addition, stakeholder-oriented reporting, which integrates financial
reporting with social and environmental reporting in a single annual
report, plays an active role in constructing the underlying ideas and
notions of CSR. Such integrated reporting carries out a relevant role to
crystallize abstract concepts, and to help visualize company’s activities.
CSR and integrated triple bottom line reporting in Italy 11
Sabaf Società per azioni (S.p.a.) was founded in the immediate post-
Second World War period in Lumezzane (Lombardy, Italy) by Battista
Saleri and his sons (Sabaf stands for Saleri Battista and sons). The
company began its manufacturing activity in the brass industry, and soon
focused on producing valves for gas cooking appliances. In 1993 Giuseppe
Saleri, son of Battista, bought the shares from some of his brothers and
took over control of the company. In 1998, Sabaf was listed on the Italian
Stock Exchange. Nowadays, Sabaf is a worldwide leading manufacturer
of components for household gas cooking appliances, with a market share
of approximately 50 per cent in Europe and a global share of about 10 per
cent. Its core market consists of the manufacture of household appliances,
in particular of cookers, hobs and ovens.
In 2006 the Sabaf group comprised its parent company (Sabaf S.p.a.)
and four other wholly owned companies: Sabaf Immobiliare S.r.l. and
Faringosi-Hinges S.r.l., both based in Italy, Sabaf do Brasil L.t.d.a.
(Brazil), and Sabaf Mexico SA de cv (Mexico). Sabaf has approximately
12 Corporate social responsibility
600 employees and over 50 per cent of its consolidated turnover comes
from export sales. Therefore it may be considered to be a relatively small
multinational group.
Despite the fact that the Saleri family, via Giuseppe Saleri Società in
accomandita per azioni (S.a.p.a.), still controls 53.81 per cent of the com-
pany’s voting shares and has three of its members on the board of direc-
tors, since 1994 the family has delegated the chief executive officer position
to a professional manager, Angelo Bettinzoli. This was due to the decision
of the major shareholder to separate ownership and management, with the
latter delegated to senior managers led by the CEO.
The corporate governance structure is part of Sabaf’s overall approach
to social responsibility, as claimed by the company in its corporate govern-
ance report. Good corporate governance should ensure that a corporation
performs better and has a better relationship with its stakeholders. In its
corporate governance report, the company clearly states:
The model adopted is based, in the first place, on the decision to achieve strict
separation of the interests and choices of the key shareholder (the Saleri family)
from the interests and choices of the Company and Group, consequently
entrusting corporate management to managers not forming part of the key
shareholder. In order to reinforce this decision, the Saleri family . . . has under-
taken, also via signature of an accompanying agreement, not to hold, executive
offices . . . within Sabaf Group companies. (Sabaf, 2006a)
company directors who have been in their position for more than nine
years during the last 12 years.
In accordance with the recommendations of the Italian Code of Conduct
(ibid., para. 2.C.3), Sabaf set up a lead independent director position, as
the chairman’s position is covered by a controlling shareholder.
Despite the fact that Sabaf complies with the key recommendations
of the Italian Code of Conduct, it has not set up a nomination commit-
tee. This choice is common among Italian listed companies, which are
characterized by the presence of a controlling shareholder (see Melis,
2006). However, in Sabaf the lack of a nomination committee is combined
with the fact that the voting list system (also known as ‘slates’) for the
appointment of directors has not yet been adopted.
The board of directors is wholly appointed by the Saleri family, with no
representation of minority shareholders. However, Sabaf will introduce
14 Corporate social responsibility
a slates system for the next board elections, in compliance with the 2006
Italian Consolidated Law on Finance. The purpose of this change is to
ensure that at least one member of the board is appointed by minority
shareholders.
The board of statutory auditors comprises three independent audi-
tors, one of whom, the chairman, has been appointed by the minority
shareholders, as required by Italian corporate law (Sabaf, 2006a).
The financial, social and environmental information provided by Sabaf
in its integrated annual report is audited by A.G.N. Serca, a local audit-
ing firm, for its financial content, and by KPMG for its social and
environmental content.
● promoting the values of thought and belief that express the com-
pany’s commitment to invest in the development of its employees’
skills, and to promote the innovation of its products;
● promoting the value of action, which expresses the commitment to
ensure the safety of its staff and customers through research and
development (R&D) of new systems that guarantee a continued
improvement of the processes and product quality. Sabaf is com-
mitted to promoting the safety culture through a communications
policy on the external environment;
● promoting the value of communication, which expresses the
commitment to conduct a continuing transparent dialogue with
its stakeholders. The different stakeholders are informed about
company policy and choices. Thus, they can monitor whether their
expectations are met.
Sabaf published its first social report in 2000 (Sabaf, 2000). Since then it
has followed the guidelines suggested by GBS (2001), in accordance with
GRI indicators (GRI, 2000).
Zambon and Del Bello (2005) argued that the reporting process may
play an active role in putting CSR into practice: (i) directly, through the
narrative parts which contain definitions and descriptions of the stake-
holder-oriented activities performed, and/or (ii) indirectly, through the
structure and content of the data reported.
In its socially responsible management system, the Sabaf management
runs the company, taking into account its financial, social and envi-
ronmental impact. To do so, Sabaf implements ProGReSS©, a socially
responsible management system for sustainable development. Sabaf’s case
study shows that a social report is not only a communication device, but it
may also become a strategic management tool, in compliance with a triple
bottom line approach.
CSR and integrated triple bottom line reporting in Italy 17
From 2000 to 2006, Sabaf’s social report structure (see Sabaf, 2000–
2006b) has improved considerably, increasing its ability to disclose key
information to its users (see Table 1.2).
In 2000 and 2001, the social report was composed of the following five
sections (or chapters), preceded by a methodological introduction and
followed by a statement of procedural compliance (Table 1.2):
Since 2005, Sabaf’s integrated annual report has comprised four sec-
tions (Table 1.2). Social and environmental information is contained in
the first and second sections, with the exception of the directors’ report on
consolidated financial statements.
Identification of Stakeholders
Environment
Competitors
Suppliers
Employees
Creditors
Sabaf
Customers
Shareholders Public
Administration
Community
agents and other people who represent Sabaf in the outside envi-
ronment and look after the company’s relations with stakeholders.
They are biennially involved in a satisfaction survey, which estimates
employees’ identification with the company’s mission;
● shareholders: the majority shareholder (the Saleri family) and minor-
ity shareholders, such as Italian and international institutional inves-
tors, and private shareholders. Financial analysts and institutional
investors are involved via questionnaires and personal meetings
with senior management;
● customers: producers of domestic electrical goods, from large multi-
nationals to niche SMEs, who are involved in a biennial satisfaction
survey, via the corporate website, and personal meetings;
● suppliers: raw materials, machinery, equipment, goods, and services
suppliers, who are involved through biennial meetings and surveys;
● creditors: banks and other financial institutions that contribute to
the financial support of the company;
● competitors: companies which make components for domestic gas
cooking appliances;
● public administration: central government bodies and agencies,
regional governments, local authorities, and public agencies, which
CSR and integrated triple bottom line reporting in Italy 21
Note: * In 2000 and 2001, Community includes both people and the environment.
in the ‘Community’ section (see Table 1.3). Since 2002, the environment
has been assigned a specific section, ‘Environmental performance’, which
has been given the same importance as ‘Social performance’. Sabaf’s
environmental policy and impact have been analysed in more depth, by
reporting an increasing number of indicators. The choice of the company
to report its environmental policy and impact is the result of its com-
pliance with ISO 14001, a continuous-improvement-oriented standard,
based on the ‘plan–do–check–act’ methodology. Since 2002, environmen-
tal information has been provided in compliance with the first step of ISO
14001 (Plan). Since 2005, Sabaf has prepared an integrated annual report
and the environment has been inserted into the ‘Social and environmental
performance’ section, together with other stakeholders.
Financial Indicators
Donations
Company 0.1%
14.5%
Borrowed
capital 1.4%
Public
administration
20.6%
Human Capital
Structural Capital
Roos (1998: 151) defined structural capital as ‘the extension and man-
ifestation of human capital into innovation, business processes and
28 Corporate social responsibility
Relational Capital
Social Indicators
Environmental Indicators
greatest efficiency and the lowest consumption. The Sabaf annual report
contains several environmental performance indicators suggested by GRI
(2002), which include:
CONCLUSIONS
Sabaf represents a case of good CSR practice in Italy. This case study has
illustrated how:
DISCUSSION QUESTIONS
2. What does a triple bottom line approach mean? How does Sabaf put
it into practice?
3. Who are the key corporate stakeholders? How does the Sabaf
management interconnect with each of them?
4. How can a company measure its social and environmental perform-
ance? Critically evaluate Sabaf’s triple bottom line reporting.
5. What active role is played by integrated reporting in CSR? Critically
discuss this, using evidence from the Sabaf case.
6. How is corporate governance linked to corporate social respon-
sibility?
7. To what extent does a company engage with its stakeholders to seek
social legitimacy rather than actual social responsibility? Critically
discuss this, using evidence from the Sabaf case.
ACKNOWLEDGEMENTS
We would like to express our gratitude to Chris Mallin for her comments
on previous versions of this work. This chapter is the result of a joint
effort of all three authors. In particular, Andrea Melis wrote the introduc-
tion and the section ‘Company profile and corporate governance’, Silvia
Carta wrote the sections ‘Corporate identity and charter of values’ and
‘Social and environmental reporting and key performance indicators’,
while Silvia Del Rio wrote ‘Values distribution to corporate stakeholders’.
Conclusions and key learning points are to be attributed to all authors
jointly.
NOTES
1. Legitimacy theory predicts that companies adopt environmental and social responsibil-
ity reporting (in addition to financial reporting) to legitimize their operations within the
society (see, for example, Epstein and Votaw, 1978).
2. Ethibel is an independent consultancy agency for socially responsible investments that
advises banks and brokers, offering ethical savings accounts and investment funds. In
order to guarantee the quality of such financial products, Ethibel has its own European
quality label. The criteria for the social–ethical company screenings, which shape the
characteristics of investment funds accredited with the Ethibel label, cover all aspects of
CSR.
3. Kempen SNS SRI is the first index for socially responsible European small-caps (com-
panies with small-capitalization).
4. ISO 14001 provides the guidelines for an environmental management system that
enables an organization to develop and implement a policy and objectives which take
into account legal requirements and information about significant environmental
aspects (ISO, 2004).
CSR and integrated triple bottom line reporting in Italy 37
5. SA8000 (SAI, 2005) is a global social accountability standard for decent working condi-
tions, developed and overseen by Social Accountability International. It is based on the
UN Universal Declaration of Human Rights, Convention on the Rights of the Child
and various International Labour Organization (ILO) conventions.
6. GBS (Gruppo di studio per il Bilancio Sociale) is an Italian special interest group com-
posed of academics, auditors, and other CSR experts, which published the first Italian
guidelines for the preparation and presentation of social reports in 2001.
7. The AA1000 Framework was developed by the Institute of Social and Ethical
Accountability (ISEA) to help organizations build their accountability and social
responsibility through quality social and ethical accounting, auditing and reporting.
8. Global Compact is an international initiative that includes thousands of companies
together with UN agencies, labour and civil society to support universal environmental
and social principles.
9. The Italian Stock Exchange has attempted a market-based approach to improving
Italian governance in 2000 with the introduction of STAR (‘market for shares with
high requirements’), a mid-cap corporate governance segment which certifies listed
companies that comply with superior standards of internal control and monitoring. The
Italian Stock Exchange aimed to promote ‘good corporate governance’, by providing
discerning investors with the ability to immediately identify and invest in companies
that meet stringent corporate governance guidelines.
10. The Social and Ethical, Auditing and Accounting Network (SEAN) is an Italian con-
sortium founded by KPMG and a national consulting firm. Its aim is to promote a CSR
management system, ProGReSS©.
11. Founded in 1989, Istituto Europeo per il Bilancio Sociale (IBS) is an Italian private con-
sulting firm, whose activities have been focused on developing guidelines for preparing
and presenting social reports.
12. The AA1000 Stakeholder Engagement Standard (AA1000SES) is a generally applicable
framework for improving the quality of the design, implementation, assessment, com-
munication, and assurance of stakeholder engagement developed by the ISEA.
13. Sabaf assumes that its intellectual capital may be fostered through the reinforcement of
its human capital, via the increase of employees’ skills, identification and satisfaction.
Human capital fosters the development of its organizational capital (operational know-
how and process improvements) ensuring a further development of relational capital (in
terms of improving stakeholders’ engagement).
14. Performance indicators suggested by GRI (2002) are classified as core and additional
indicators. Core indicators are generally applicable and are assumed to be material
for most organizations. Additional indicators represent emerging practices or address
topics that may be material for some organizations, but not for others (ibid.).
15. These data do not include strike hours due to external reasons related to the renewal of
the national collective labour contract.
REFERENCES
Roos, Johan (1998), ‘Exploring the concept of Intellectual Capital (IC)’, Long
Range Planning, 31(1), 150–53.
Roos, Johan, Roos, Goran, Dragonetti, Nicola and Edvisson, Leif (1997),
Intellectual Capital: Navigating in the New Business Landscape, London:
Macmillan.
Sabaf (2000, 2001, 2002, 2003b, 2004), Social Annual Report.
Sabaf (2003a), Charter of Values, September.
Sabaf (2005, 2006b), Integrated Annual Report.
Sabaf (2006a), Corporate Governance Report.
Sabaf (2006c), Corporate Governance Handbook, December.
Sacconi, Lorenzo (1999), ‘Codes of ethics as contrarian constraints on the abuse of
authority within hierarchies: a perspective from the theory of the firm’, Journal
of Business Ethics, 21(2/3), 189–202.
Social Accountability International (SAI) (2005), Social Accountability 8000, New
York: SAI.
Van Riel, Cees and Balmer, John (1997), ‘Corporate identity: the concept, its meas-
urement and management’, European Journal of Marketing, 31(5/6), 341–55.
Zambon, Stefano and Del Bello, Adele (2005), ‘Towards a stakeholder responsi-
ble approach: the constructive role of reporting’, Corporate Governance, 5(2),
130–41.
INTRODUCTION
Over the last decade, corporate responsibility has evolved from a focus on what
not to do towards a business innovation agenda that translates today’s social
and environmental challenges into opportunities for creating economic value
. . . (AccountAbility 2007, p. 11)
40
CSR in Spain: examples of some practices 41
14.78
16 13.75 14.18 14.54
14 12.66 13.15 13.19 13.52
11.47 11.59 12.20
12
Rating
10
8
6
4
2
0
Germany
Italy
Spain
Belgium
Portugal
2007
European
company
Sweden
France
Switzerland
Netherlands
United
Kingdom
Country
issues; and (v) provide the members of the boards with information that
allows them to take informed decisions in CSR issues (ibid., p. 23).
the FTSEGood Indexes, and the Spanish Stock Market has launched the
FTSE4GoodIbex Index (March 2008).
Selecting examples of CSR practices among the many companies in a
country is not easy. We decided to provide examples of different prac-
tices put in place by Spanish companies with respect to human resources:
diversity (gender and disabled people), volunteering and suppliers.
Institutional Setting
Spain has a women’s employment rate below the EU27 average and one of
the highest gender gaps among EU27 countries. Moreover, according to
the Eurobarometer of November 2008, Spanish citizens are among those in
Europe who face greater difficulties in reconciling professional and family
life. Some 22 per cent of Spanish citizens interviewed find it really difficult
to reconcile their professional and family life, a percentage that is only sur-
passed by Portugal (33 per cent of those interviewed) and Hungary (24 per
cent), and 42 per cent find it quite difficult. Moreover, among the principal
problems faced by Spanish families are those associated with the difficulties
of reconciling professional and family life (30 per cent) and the low level of
public support to families (18 per cent). In addition, Spanish citizens con-
sider it more necessary to establish flexible solutions for childcare (77 per
cent), and 69 per cent also cite access to temporary work as a priority.
With regard to gender diversity in top management positions, Spain
also obtains quite a low score compared to other European countries
(Figure 2.2). According to the Heidrick & Struggles report, compared to
a European average of 8.4 per cent of women on boards in 2006, Spain
showed a mean percentage of just 3.1 per cent on the boards of the largest
publicly listed companies. The situation improved during 2007 and the
large Spanish publicly listed companies now have an average of 6.6 per
cent women per board; nevertheless, Spanish companies are well below the
European average (Figure 2.3).
The awareness of the existence of a gender glass ceiling and the need for
Spanish companies to reconcile professional and family life increased with
the approval of the Unified Code of Best Practice in 2006, which included
a recommendation to promote women directors and the Equality Act of
Women and Men (Ley de Igualdad de Mujeres y Hombres) in 2007. The
following subsections will discuss how some companies have established
CSR diversity-related practices.
44 Corporate social responsibility
25 21.3
20
Percentage
15.2
15 12.4
10 7.5 8.4 9.0
7.2
5.3
5 2.3 3.1
0.7
0 Portugal
Italy
Spain
Belgium
Switzerland
France
2007
European
company
Netherlands
Germany
United
Kingdom
Sweden
Country
50 44.2
40
Percentage
30 25.7 26.9
18.1
20 11.5 12.3
10 6.0 6.6 6.6 7 7.2 7.6 7.8 9.2 9.7 10.1
0.8 2.1
0
Portugal
Italy
Greece
Spain
Switzerland
Belgium
Luxembourg
France
Germany
Austria
European
average
Ireland
United
Kingdom
Netherlands
Denmark
Finland
Sweden
Norway
Country
Iberdrola
The entry of women into the workplace has entailed changes in social, labour
and family relationships. However, there are serious obstacles to the achieve-
ment of a balance in their social and labour participation, largely for cultural
reasons relating to their practically exclusive assumption of domestic and
family responsibilities. All of this has a negative impact on their possibilities
of employment in terms of equality and professional development. Following
the principles set forth in the Law for the Equality of Women and Men, the
Iberdrola Group, in its collective bargaining agreement, states its clear inten-
tion to promote real equality between women and men, eliminating the social
obstacles and stereotypes that prevent the achievement of such equality.
Specifically, it acknowledges the right to the reconciliation of personal, family
and working life and promotes greater responsibility among women and men
in assuming family obligations. Within this context, the Agreement specifically
provides for the following:
● Paid vacation.
● Breast-feeding time.
● Shorter working hours for family reasons.
● Leave.
● Job change.
● Adjustment of the corporate organization to allow the exercise of the right to
reconcile personal, family and professional life.
46 Corporate social responsibility
Employees exercising the rights that seek to reconcile working and family life
may not be discriminated against in any way and shall retain all their employ-
ment rights as provided in the Collective Bargaining Agreement and applicable
laws and regulations.
All employees of the companies forming part of the Iberdrola Group may
exercise such rights on equal terms . . . (Ibid., pp. 160–61)
a maternity and family support policy which exceeds the rights afforded by
current Spanish legislation, and which is based on two specific measures:
Iberdrola was the first electricity company to receive such a certificate and
one of the first seven Spanish companies to do so. In order to receive this cer-
tificate, both an internal audit and an external audit are required to verify the
information provided. The Company’s responsible behaviour was, as has been
described above, further strengthened during 2007, thus enhancing its competi-
tiveness and allowing it to renew the certification, and its subsidiaries Iberdrola
Operación y Mantenimiento and Iberdrola Renovables both achieved certifica-
tion during 2007, thus consolidating the process within the companies of the
Group. The following challenges, set forth in the Action Plan to consolidate
Iberdrola’s policy as a Family-Responsible Company, were also met:
Eroski
It fosters initiatives and maps out proposals for management on four key
topics:
● Women in the company, with professional plans connected with women and
working conditions in general.
● Women and health, working on concerns which directly affect the health and
well-being of women from both the preventive and palliative points of view.
● Women and training, with training programmes in which women gain a
greater presence in professional skills and internal promotion programmes.
● Reconciling work and family life.
● Leave of absence for looking after a child aged under 8 with a longer period
(24 months) during which time the employee’s job is kept for them. By law,
workers are only entitled to a maximum of up to three years (we had previ-
ously expanded leave of absence time up to six years).
● Putting de facto and de jure couples on the same footing for all purposes
(permits, licences, leave of absence and so on).
48 Corporate social responsibility
● Voluntary reduction (with no grounds required) of the working day with the
option to return to a full timetable.
● Unpaid leave, with the job being kept open, to work with a non-governmen-
tal organization or for personal or professional development.
● No splitting of working days lasting less than four hours.
● Right to a minimum working week of 28 hours.
Bankinter is a Spanish bank that defines its objective as ‘to improve the
quality of life’ (Bankinter, 2007, p. 2). It is rated as one of the best com-
panies to work for in Spain (Best Place to Work Survey). In the area of
social action, some years ago it decided to create a specific Social Action
department whose watchword is ‘we are different, so that we are all equal’,
and which has developed, inter alia, an accessibility project that has made
it possible for the disabled to operate with the bank through any channel:
Internet, branches, telephone, mobile telephone and so on. Also, it has
worked actively on promoting the Corporate Volunteer Group, with 5.3
per cent of the labour force taking part in activities of this type organized
by the bank.
Bankinter is also committed to equality between men and women. In
2007, women accounted for 48.2 per cent of the workforce, compared with
51.8 per cent of men. The constant efforts to ensure a diverse and balanced
workforce are also reflected in the percentages of new hires, which stood at
48.4 per cent for men and 51.6 per cent for women in 2007. Furthermore,
as part of its policy of equality and non-discrimination, Bankinter also
promotes the diversity of its workforce: the bank has employees of 28
different nationalities.
Bankinter had 34 disabled members on its staff in 2007. Spanish law
states that, ‘companies that have not yet reached the quota of including
CSR in Spain: examples of some practices 49
For this purpose Bankinter and Fundación Adecco have signed an agreement
for the implementation of joint initiatives aimed at the full social and labour
integration of the disabled and disadvantaged in three different fields: the inte-
gration of the disabled, of women with family responsibilities and of those over
45 years of age.
As part of this agreement, the ‘Family Plan’ aims to provide the relatives of
Bankinter employees who suffer some degree of disability with assistance of
various kinds to facilitate their real integration in the workplace and society.
These actions focus on two specific groups:
● For adults: there are training initiatives centred upon developing skills
and social attitudes to facilitate their entry into employment, as well as
access to information, guidance and counselling relating to the search for
employment.
● For underage individuals: Bankinter gives financial assistance of €3,000, paid
into the employee’s January salary, with a view to alleviating, where possible,
the financial outlays of Bankinter employee families who have children with
30 per cent disability.
The actions carried out in 2007 included financial assistance for psychological
counselling, equine therapy courses and summer camps, and the sponsorship of
activities focused on developing skills and attitudes for movement and involve-
ment in the community, such as the Pilgrim’s Way to Santiago, an adapted
alpine ski course and the multi-adventure weekend at the Burguillo reservoir
(Avila). (Ibid., p. 44)
50 Corporate social responsibility
[A]t the end of 2006, coinciding with the Day of Persons with Disabilities,
Bankinter launched an audio financial information service, aimed specifically
at customers with visual impairment. This innovative project, called ‘Integral
Audio Statement audio’, provides customers with a CD, if requested, furnish-
ing complete and thorough audio information on all their positions at the bank.
The information is provided on a monthly basis and consists of a spoken tran-
scription of the balances of their positions at month-end and the detail of the
movements made during the period. (Ibid., p. 81)
The branch network has also been included within Bankinter’s Accessibility
project. At the end of the 2007, 94.8 per cent of the bank’s branches were
fully accessible. Major advances have been made in this physical network,
for example: levelling of floors at the branches, improving the door opening
systems, equipping the branches with furniture without sharp edges or corners,
and creating areas of passage to improve movement within the branches. These
projects were undertaken with the aim of building a bank without barriers and
providing a uniform quality of service to all the customers. The maximum-
access prototype branch which the bank launched at the end of 2005 comes into
this category of ‘physical access’. This branch is located in one of the Fundación
ONCE Group’s buildings. The branch was designed following a global concept
of maximum accessibility which takes into account all aspects (the use of space,
furniture, technological infrastructure, customer care service personnel and so
CSR in Spain: examples of some practices 51
on), to meet all the requirements needed so that anyone with impaired vision,
hearing or mobility will have no obstacles or difficulties when carrying out their
banking business. The branch has spaces that permit easy passage to improve
internal movement, furniture that has no sharp corners or edges, an accessible
ATM, is all on one level, computers with on-screen navigation systems or voice
synthesizer programs, screen magnifiers, videos in sign language, interpreter
services, a typetalk communicator and so on. Also the cash counter has been
housed with an additional sound system (a sound amplifier and loop system) to
improve the communication between the employee behind the reinforced glass
panel and a customer with a hearing disability. Also, those in charge of the
office are bank employees who have a disability. (Ibid., p. 82)
With the aim of clarifying what should be and what is not being done in
the area of bank accessibility, in December 2007, Bankinter and the ONCE
Foundation jointly launched the ‘Financial services accessibility guide’:
[This] is a manual, the first of its kind, the objective of which is, first, to make
evident the needs of the disabled in terms of accessibility to financial and
investment-related services and the difficulties that they face in their usual rela-
tions with banks; and, second, to systemize certain good practices that banks
and savings banks should follow to be able to offer this type of service to all
customers on an equal footing. (Ibid., p. 81)
With regard to specific products, in July 2007 Bankinter publicly launched the
first financial product constructed on the basis of the legal vehicle of protected
patrimony, governed by Law 41/2003, on the patrimonial protection of the
disabled. Under the commercial name ‘Protected Patrimony Management’
(PPM), this product takes advantage of the tax relief relating to this concept
to offer the customer a higher rate of return. In addition to the product itself,
Bankinter assumes the obligation to provide advisory services to disabled
persons and their relatives to assist them in establishing a protected patrimony
through various initiatives: placing at their disposal a network of the bank’s
legal advisers, who have been specially trained in this task; mediating with
notaries versed in this legal concept, with the bank assuming the notary costs
in the initial deed.
52 Corporate social responsibility
of this study, Bankinter ranked fifth in the category of the companies best
perceived as a result of the projects of integration based on products and
services.
Some 35 per cent of Inditex’s production is carried out in Asia, 14 per cent
in other European countries and the remaining 2 per cent in other regions.
The group had to 31 January 2008 a network of 1,187 suppliers globally with
which it maintains stable relationships. As an active part of the supply chain,
Inditex extends to all its suppliers its policy of corporate responsibility and
social undertaking by means of the implementation of the code of conduct
54 Corporate social responsibility
This policy, the ‘standards for suppliers’, was awarded 89 per cent, well
above the average (54 per cent) in the DJSI evaluation published in the
CSR Report of 2007 by the company. Overall, Inditex obtained a score of
61 per cent, also above the average of 41 per cent.
The Code of Conduct of the Inditex group was approved by the board
of directors in February 2001. The code is defined as an ethical commit-
ment that includes key principles and standards for the appropriate devel-
opment of the relations between Inditex and its principal stakeholders:
shareholders, employees, partners, suppliers, customers and society. It
included an Internal Code of Conduct and a Code of Conduct for External
Manufacturers and Workshops to guarantee the suitable introduction and
management of the principles contained in the Human Rights Declarations
and the Conventions of the United Nations and those of the International
Labour Organization, principally. The code was modified in July 2007. Its
current regulatory framework is made up of the following (ibid., p. 71):
● Child labour: The External Manufacturers and Workshops shall not work
with minors. Inditex defines as minors those people who are under the age
of 16 or in exceptional cases 14, in those countries included in section 2.4 of
Convention 138 of the International Labour Organization. In the event that
local legislation establishes a higher age limit, the provisions established in
the same shall be respected.
● Non-discrimination: The External Manufacturers and Workshops shall not
apply any type of discriminatory practice with regard to sex, race, creed,
CSR in Spain: examples of some practices 55
DISCUSSION QUESTIONS
1. Do you think that CSR could be enforced by legal requirements? Is it
good for the companies to be forced to adopt some CSR practices or
should they be voluntary?
2. If CG codes only affect quoted companies, what happens to non-
quoted companies? What incentives should be established for non-
quoted companies?
3. Is it more difficult to implement CSR practices among non-publicly
listed companies? Why?
4. Read the Inditex example. How can CSR practices be extended to other
firms’ stakeholders? Do you think that this adds value to Inditex?
5. What advantages do volunteering programmes for employees have
for a company?
REFERENCES
AccountAbility (2007), ‘The State of Responsible Competitiveness 2007’,
AccountAbility, London.
58 Corporate social responsibility
INTRODUCTION
From the outset, The Body Shop attracted much publicity with its social
commitment. This publicity proved to be an extremely effective way of
increasing awareness of The Body Shop name. The Body Shop was able
to pass through its first phase of expansion with none of the extravagant
advertising campaigns that are common in the cosmetics sector. Although
the reason for doing without advertising was Anita Roddick’s lack of
funds at the start, it has now become part of the corporate image. The
Body Shop really is different; it is not a case of business as usual. But how
different can a company remain as it grows from a small shop into a fran-
chise chain with branches on every continent, and is now part of a major
publicly listed company?
59
60 Corporate social responsibility
The Body Shop’s policy on animal testing was revolutionary at the time,
and was a point on which The Body Shop wished to distinguish itself
clearly from the competition. The Body Shop asked its suppliers to sign
declarations that they had performed no animal testing in the past five
years, and had no plans to perform tests of this kind in the future. The
usual reason for animal testing in the cosmetics sector is fear of being sued
for damages because of product deficiencies. However, the product recipes
that The Body Shop generally used were extremely well established.
Roddick therefore had no fear of any detrimental effects ensuing from
the use of her products. Volunteers were engaged to try out new products,
and the results were freely available to other producers. The usual animal
testing methods were indeed quite barbaric. For instance, rabbits were
made to eat solid matter such as creams and lipstick to determine the
lethal dose. The amount that was found to kill more than 50 per cent of
the animals became the official standard, as the name Lethal Dose 50 sug-
gests (Sodeman, 2003, p. 601). Nonetheless, animal testing long remained
commonplace, and was even prescribed in law for some new products,
because of the priority given to consumer health. However, changes are
now afoot. Several countries now have legislation that imposes a require-
ment of necessity on animal testing. The Body Shop lobbied strongly for
legislation of this kind. It also has a singular philosophy of how to bind
customers, albeit that Anita Roddick had concerns about whether it could
survive:
The hardest thing for me are the marketing people, because they focus on us as
a brand and our customers as consumers. We’ve never called it a brand; we call
Sticking to core values: the case of The Body Shop 61
it The Body Shop. In 20 years, we’ve never, ever called a customer a consumer.
Customers aren’t there to consume. They’re there to live, love, die, get married,
have friendships – they are not put on this planet to bloody consume. (Budman,
2001, pp. 15–16)
OUR VALUES
Anita Roddick and her husband have succeeded in conveying The Body
Shop concept to others by turning it into a franchise. This happened as
long ago as 1977. This move allowed The Body Shop to grow faster than
would otherwise have been possible. The expansion was boosted in 1984
when The Body Shop was floated on the stock exchange. The Roddick
family then jointly held 30 per cent of the issued shares and retained
management of the business. Throughout the 1985 to 1990 period,
revenue and profit rose by a factor of 10 (ibid., p. 602). The Body Shop’s
An American Adventure
The Body Shop attempted in 1988 to extend the success of its franchise
formula to the United States. However, The Body Shop found the going
tougher there for the following three reasons (Sodeman, 2003). First, its
product prices were significantly higher than those of mass-produced
drugstore items. Second, The Body Shop failed to open many shops in
the United States. One reason was that an entrepreneur doing business
in different states of the United States is subject to varying requirements.
In 1991 there were only 40 stores in 12 metropolitan areas around the
country. Mail order sales were insufficient to support strong revenue
growth. The third factor was that The Body Shop traditionally does not
advertise, instead building up its market image through Anita Roddick’s
innovative entrepreneurship. This approach generated a continuous flow
of free publicity. This strategy, which was born originally of necessity, has
in the course of time become part of The Body Shop’s alternative image.
Advertising came to be seen as a waste of resources, and an insult to the
customer. However, it became increasingly clear in the 1990s that further
expansion in the United States would be difficult, if not impossible, without
advertising campaigns. Even in the unique product segment of affordable
luxury products with an exotic and natural image, The Body Shop has to
be wary of competition from the likes of the Bath & Body Works store
chain of The Limited.
In 1993 Anita Roddick appeared for the first time in an American televi-
sion advertisement, breaking her own Body Shop policy of not advertising
her products directly to customers. The advertisements depict her search-
ing for new ingredients in exotic cultures (ibid., p. 603). Some Body Shop
customers viewed this as submission to commerce. This affair turned out
to be just the beginning of much poorer publicity. In 1994 Jon Entine
published his crushing article about The Body Shop in Business Ethics,
64 Corporate social responsibility
tellingly entitled ‘Shattered image’. Some of the criticism in his article was
directed at The Body Shop’s Trade not Aid programme. Entine said that in
fact only a small proportion of the ingredients was purchased through fair
trade programmes, while the majority was bought on the world market. In
an article in 1995, Entine added another serious allegation (Entine, 1995).
An internal Body Shop memo from May 1992 stated that 46.5 per cent of
the ingredients in their products were not free of animal testing. Although
The Body Shop did not deny these criticisms, the impression they give calls
for clarification.1
First, the production volume that could be generated from the Trade
not Aid programme is too small for worldwide sales, so a proportion of
the production is purchased through the mainstream market. It is also true
that it is impossible to guarantee that all ingredients are free from animal
testing. The only substantiated claim that The Body Shop was able to
make at the time was that attempts had been made to persuade suppliers
to abstain from animal testing. Furthermore, social and ethical auditing
and reporting were in their infancy at the time, and The Body Shop was in
the vanguard of businesses that scrutinized their own policy and system-
atically published the results.
Increasing Competition
In 1998 The Body Shop had 1,600 shops and 5,000 employees in 47
countries. In relative terms, however, the financial performance lagged
the forecasts. This increased the pressure on Gordon and Anita Roddick.
The position of managing director (or corporate executive officer) was
transferred in that year to a professional manager, and Anita and Gordon
became members of the management board. However, this measure was
to have little effect, and at the start of the new millennium the results still
underperformed financial market expectations. Furthermore, there was
now also increased competition from store chains and own brands in the
British domestic market. There were various attempts in 2001 to find a
party to take over the company. However, the Roddicks were unable to
identify an ethical investor for The Body Shop, and a possible sale to a
venture capital fund was rejected on principle. After these failed attempts
to have The Body Shop taken over, Anita and Gordon decided to stand
down in 2002. The Body Shop then had to embark on a new course. Steve
McIvor, the head of communication at The Body Shop, admitted that the
mixture of politics and marketing had not always worked well, and that
they will be trying to make the brand ‘less soap-boxy, patronizing, and
lecturing’ (Carroll, 2003, p. 611).
Sticking to core values: the case of The Body Shop 65
The new Body Shop approach is clearly identifiable mainly in the launch
of new products and a new shop formula. For instance, there are efforts to
design the new products more attractively, with more luxury packaging.
More shelf space is being reserved for these new products in the new shop
formula, because fewer products are being handled. The shops themselves
have also had a complete makeover. The new shop formula was tested
worldwide in eight shops in 2004, and then rolled out to many franchisees.
Details of the new approach are discussed below, based on the changes
that have occurred in The Body Shop Benelux (Carney, 2005).
Jan Oosterwijk, the director and owner of The Body Shop Benelux, has
been involved in The Body Shop since the early years, and can enthusiasti-
cally recount the time when he and the Roddicks met ‘soul mates’ in the
United States, such as the founders of Ben & Jerry’s and the shoemaker Strike
Right. Although he therefore personally endorses The Body Shop’s values, he
also thinks that The Body Shop has to change. Like Steve McIvor, he wants
more attention to be given to product marketing. The shops must be more of
a customer ‘pamper station’ and ‘the odour of charitas’ has to go, as far as
Oosterwijk is concerned (Baltesen, 2003). Furthermore, The Body Shop also
intends to sell its products outside its own shops. For instance, in 2003 their
products went on sale in four BP filling stations. As a franchisee, Oosterwijk
is dependent on The Body Shop International for the renewed products.
Oosterwijk’s comments are crystal clear: the reason for working on
the new approach, or, as he calls it, going ‘on safari with The Body Shop
Benelux’, is that The Body Shop Benelux’s revenue has been stagnating
for several years, and that this is also attributable to the old Body Shop’s
products and shop formula. Furthermore, he says that increased competi-
tion could put profitability under even greater pressure. The goal, there-
fore, is to make more profit per customer by ensuring that customers buy
more each time they visit a shop, and by arranging for stronger customer
binding. This goal can be achieved only if The Body Shop succeeds in
binding the right target group. This obviously has to start with identifying
this target group. The new Body Shop’s target group is made up of what
are known as the ‘cultural creatives’. This group was discovered by sociol-
ogist Paul Ray and psychologist Sherry Anderson in an extensive 13-year
study into Americans’ values (Ray and Anderson, 2000).3 A feature of
this group is its commitment to the current problems of society and the
environment. It is possible to distinguish the following six themes:
The last theme, personal lifestyle, already suggests that the cultural crea-
tives’ social commitment coincides with attention for their own lives as
well as care for themselves and those close to them. This is why this target
group is attractive for companies that respond to a need for products for
personal pampering. Furthermore, this target group is interested in prod-
ucts that can help them shape their commitment to the world and society.
The Body Shop is interesting to the cultural creative in two ways. On
the one hand, the products and the corporate image are consistent with
a commitment to social and ecological themes. The Body Shop tradition-
ally fulfils this need for luxury with products that transcend their pure
functionality through an association with intangible values. On the other
hand, but equally important, The Body Shop was present at the birth of
the trend that has seen body care grow from a vital necessity to a lifestyle
(Kramer, 2001) – except that The Body Shop has tended to neglect this
luxury, or pampering, component of its brand in the course of time. The
Body Shop Benelux is therefore devoting more attention to the luxury and
the comfort that the products and the shop formula must offer customers.
This demands a change of culture within The Body Shop Benelux, because
the social commitment attracted more attention in the Anita Roddick
years than other aspects of product quality. This imbalance, which The
Body Shop itself recognizes, is eliminated in the new approach. The Body
Shop Benelux now distinguishes three forms of product quality:
1. Functional quality: the products must deliver what they promise. The
active ingredients must therefore really have the envisaged effect.
2. Visual quality: the packaging must be luxurious and attractive to
customers, the promotional material must be of top quality, and the
shops must look neat and tidy, and adapt their image to changing
times.
3. Intangible quality ingredients: animal welfare; human welfare; natural
and environmental welfare.
The third quality component again expresses The Body Shop’s social
commitment. It would therefore be wrong to suppose that The Body Shop
no longer believes in CSR, or that they can no longer make their mark in
this respect. After a period of limited activity in this area in the wake of
the senior management changes, The Body Shop International is again
Sticking to core values: the case of The Body Shop 67
Takeover by L’Oréal
The story of the The Body Shop took an interesting turn in March 2006.
The French cosmetics group L’Oréal took over The Body Shop for £652
million (€975 million). The Roddicks received £130 million. In an initial
reaction to the takeover, Anita Roddick appeared not to view this as selling
out on her ideals: ‘L’Oréal has displayed visionary leadership in wanting to
be an authentic advocate and supporter of our values’.4 She once thought
otherwise. Only three years ago, she criticized L’Oréal because of what she
called the group’s part in a cosmetics industry conspiracy to undermine
women’s confidence in themselves (Van Straaten, 2006).
The Body Shop is continuing as an independent company, and will
therefore retain as a brand the same commitment to CSR. Nonetheless,
criticism was quick to follow the takeover. In particular, what many found
hard to swallow was that The Body Shop was being taken over by L’Oréal,
which some critics still accuse of using animal testing. For example, the
68 Corporate social responsibility
ANALYSIS
CONCLUSIONS
The Body Shop has gradually professionalized its approach and has also
persevered with various social projects in the face of fierce criticism. With
the reorganization, brand repositioning and the L’Oréal takeover, The
Body Shop appears to have averted the risk of sustained erosion of its
market share. After the reorganization, The Body Shop’s management
attention assumed more business and commercial aspects and less of a
pioneering role in CSR. The question now is whether The Body Shop will
70 Corporate social responsibility
We can classify The Body Shop’s strategy in the rise phase as one of dif-
ferentiation. This is a competitive strategy in which a business manages
to employ certain unique attributes of its product or its image as a way
of distinguishing itself from its competitors. In this way, the company
manages to bind to itself a specific group of customers with a strong brand
preference, or manages to connect in a unique way with a certain emotion
or perception of large customer groups. The Body Shop has succeeded in
appealing to a very specific customer group, being the socially and ecologi-
cally aware buyers of body care products who identify with the founder
Anita Roddick’s sustainability ideals.
Together with Ben & Jerry’s, the Triodos bank and others, The Body
Shop has a place as one of the pioneers of the ‘ethical differentiation
Sticking to core values: the case of The Body Shop 71
strategy’. Since its foundation, The Body Shop has pushed for the intrinsic
value of animal life, by selling cosmetics based on natural products, while
paying a fair price and allowing no animal testing. The customer group
that the special proposition of the ethical producer appeals to is usually
also willing to pay a little extra – or, in the case of Triodos, not to squeeze
the last drop out of financial efficiency.
It goes without saying that the competition will not sit back and watch
all this happen. A successful differentiation strategy invites imitation. The
Body Shop was therefore bound to be confronted at some point with a
‘clone’, which came in the form of Bath & Body Works. A differentiation
strategy is more sustainable the more distinguishing properties can be
identified, the more difficult it is to copy, and therefore the longer it can
hold out against the competition. Porter (1985) speaks in this connection
of the ‘sustainability of differentiation’, which depends mainly on two
things: its continued perceived value to buyers and the lack of competitor
ability to imitate it.
A strategy of ethical product differentiation runs into difficulty here pre-
cisely because of its ethical nature. Important CSR characteristics happen
to be the transparency requirement and the principle of the dialogue with
stakeholders. In other words, CSR demands external communication.
The Social and Economic Council of the Netherlands (SER) says the
following:
tackle them with. The outcome of this paradox is that the front-runners
can expect criticism, and the less conspicuous companies will remain out
of range. To some extent, this will also have happened with the criticism
directed at The Body Shop.
What is interesting is that The Body Shop was actually a pioneer in
the dialogue with stakeholders and the development of sustainability
reporting. Are transparency and dialogue perhaps compatible with an
ethical product differentiation strategy, in a way that Porter’s theory does
not predict? If so, ethical product differentiation would be something
completely different from the ‘ordinary’ variety.
The Body Shop published its first social report in 1995, after consult-
ing more than five thousand stakeholders. This makes The Body Shop a
front-runner in the development of sustainability reporting (Wheeler and
Sillanpää, 1997). The company has existed for over 20 years, and as time
has passed it has come in for increasing censure. We tend to think this is
no coincidence. It seems more likely that The Body Shop can attribute
the prime of its early period – roughly between 1976 and 1990 – to a suc-
cessful strategy of ethical product differentiation, which, however, began
to tarnish after some 15 years, partly as competitors started to imitate the
successful formula, but also because of political measures that undermined
The Body Shop’s distinctiveness, such as anti-animal testing legislation.
The principles of the dialogue and the transparency, which The Body
Shop started to embrace in 1995, were not part of an ethical differentia-
tion strategy, but an answer to increasing suspicion and criticism of the
company. A differentiation strategy usually yields only a temporary com-
petitive advantage, until either the differentiating value loses potency, or
the competition catches up. Only rarely does a company manage to benefit
from a differentiating characteristic in the long term. The same applies to
ethical product differentiation.
With hindsight, The Body Shop seems to have failed to retain ethical
product differentiation as a strategy. You could also say that the company
has failed to retain the ethical fervour, which was definitely present in the
convictions of founder Roddick, as a flexible strategy. To this day, for
example, they still champion the fight against animal testing, which is no
doubt necessary, but now contributes little to the company’s sustainable
differentiation, since animal testing for non-medical purposes is subject
to increasing legal restrictions. Note that a full ban on animal testing for
non-medical purposes in the European Union will not come into force
before 2009.
Sticking to core values: the case of The Body Shop 73
The Body Shop has now entered a third phase, in which it has become
a much more conventional cosmetics business, or, in its own words, a
‘pamper station’. Other sustainability front-runners have been through the
same development process. The Van Melle sweets factory was a champion
of corporate environmental care 10 years ago. This Breda-based company
proudly announced as recently as 1997 that it had installed the largest
industrial solar water heater in Europe. But there has been nothing but
silence on the subject since the sale to Perfetti of Italy. When software
house Origin was sold to Philips, the prominence in the company culture
of the sustainability idealism of its founder, Eckhart Wintzen, almost
visibly melted away.
74 Corporate social responsibility
Visionary Companies
But is this the only lesson we can draw from this case? Can sustainable
business ever be more than hype or a passing fad? Perhaps it can. Collins
and Porras (1997) have shown that it is not impossible for companies to be
leaders in their sector for a long time. However, these companies exhibit a
different form of differentiation, not that of products, but of their identity
and strategy. Collins and Porras focus their research on companies they
label as ‘visionary’. These are the companies that set the trend in their
sectors, and include Hewlett Packard, Johnson & Johnson, Sony and Walt
Disney. Visionary companies are characterized by the central nature of
their ‘core ideology’. A company’s core ideology can be compared with
the fundamental ideals of a major nation, church or school. It is a cohe-
sive whole of assumptions that act as a firm foundation for the enterprise:
Sticking to core values: the case of The Body Shop 75
‘This is who we are, and what we stand for. This is what we are about’.
Visionary organizations are guided by a goal, or a ‘purpose’, which Collins
and Porras describe as: ‘the organization’s fundamental reason for exist-
ence beyond just making money – a perpetual guiding star on the horizon’.
The associated time horizon is extremely long. It is about ‘values we would
strive to live up to for a hundred years’. The core ideology is an essential
element of the historical development of visionary companies (ibid., pp.
73–4).
The entrepreneurs behind the visionary company are not driven by
short-term commercial results. What is important to them is to build up
an organization: a life’s work. The stability of the core ideology, and the
associated orientation to an ultra-long term, does not eliminate the need
for the company to adapt extremely flexibly to changes in the external
environment. However, the long-term strategy of visionary enterprises is
not a matter of swimming with whatever tide happens to be running, but
of a conscious change of course, based on the core ideology that defines
the company’s identity in the long term. Collins and Porras say that con-
serving the core of the company is the very basis of revolutionary change.
Based on the work of Collins and Porras, we could also conclude that the
success of The Body Shop’s ethical product differentiation has diminished
in the long term because the company stuck too rigidly to specific products
and specific sustainability benchmarks. The company pushed through no
revolutionary changes. In terms of Collins and Porras, we could say that
The Body Shop never actually managed to become a visionary enterprise.
The company failed to adapt flexibly to changing circumstances on the
basis of a strong core ideology.
In the hands of entrepreneurs who are not only driven, but also
know what competition means – at any rate according to Collins and
Porras – sustainability has a chance of being more than a flash in the
pan. Nonetheless, amending our initial conclusion in this way does not
justify boundless optimism about the prospects of achieving sustainability
through CSR, and therefore through the market. Entrepreneurs who are
good in competition also understand that sustainability should not be
pursued at any price. In their view, the win–win situation of profit and
principles is a target that is constantly moving. They also know that they
must always act in line with the market and that markets tend to equilib-
rium, even between ideal and reality. This means that, from the perspec-
tive of sustainability, a core ideology is not without risk. It is conceivable
that at some point the benefits of a sustainable image can also be pursued
with the minimum of effort and expense. A ‘grey sustainability’ can then
also take hold in a company with a core ideology, as now seems to have
happened with The Body Shop.
76 Corporate social responsibility
DISCUSSION QUESTIONS
NOTES
1. For Anita Roddick’s own response, see the Utne Reader of January/February 1995,
p. 104.
2. This account is based on (i) an interview by Jan Oosterwijk and Sigrid Hettinga with the
Sticking to core values: the case of The Body Shop 77
author and Caroline Kroes on 25 March 2004; (ii) a presentation of the new strategy by
Sigrid Hettinga at Tilburg University on 21 October 2004.
3. See also the website: www.culturalcreatives.org/book.html.
4. ‘L’Oréal buys Body for £652m’, The Guardian, 17 March 2006, available at: www.
guardian.co.uk/business/2006/mar/17/retail.money (accessed 19 May 2008).
5. Naturewatch, ‘Naturewatch boycotts The Body Shop. They are just not worth it’, avail-
able at: www.naturewatch.org/shoppingguide/News_loreal_bodyshop.asp (accessed 7
April 2006).
REFERENCES
Baltesen, F. (2003), ‘Body Shop werkt aan nieuwe identiteit’ (Body Shop working
on a new identity), NRC Handelsblad, 11 December.
Body Shop, The (2004), Values Reporting. Our Reporting Approach, available
at: www.thebodyshopinternational.com/web/tbsgl/library.jsp (accessed 16 June
2005).
Budman, M. (2001), ‘Questioning authority’, Across the Board, January, 15–16.
Carney, B. (2005), ‘Toning up The Body Shop’, Businessweek, 18 May.
Carroll, A.B. (2003), ‘The Body Shop International PLC (1998–2001)’, in Carroll
and Buchholtz (eds), pp. 609–12.
Carroll, A.B. and A. Buchholtz (2003), Business and Society: Ethics and Stakeholder
Management, 5th edn, Thomson/South-Western, Mason, OH.
Collins, J.C. and J.I. Porras (1997), Built to Last. Successful Habits of Visionary
Companies, Harper Business, New York.
Elkington, J. (1997), Cannibals with Forks: The Triple Bottom Line of 21st Century
Business, Capstone, Oxford.
Entine, J. (1994), ‘Shattered image’, Business Ethics, October, 23–8.
Entine, J. (1995), ‘The Body Shop: truth and consequences’, Drug and Cosmetic
Industry, February, 54–64.
Hanson, K.O. (1996), Social Evaluation of The Body Shop International, The Body
Shop International, Littlehampton.
Jeurissen, R. (2004), ‘Institutional conditions of corporate citizenship’, Journal of
Business Ethics, 53, 87–96.
Kramer, T. (2001), ‘Zeepbellen’, NRC Handelsblad, 6 December.
Mitchell, R.K., B.R. Agle and D.J. Wood (1997), ‘Toward a theory of stakeholder
identification and salience: defining the principle of who and what really counts’,
Academy of Management Review, 22(4), 853–86.
Porter, M. (1985), Competitive Advantage: Creating and Supporting Superior
Performance, Free Press, New York.
Ray, P.H. and S.R. Anderson (2000), The Cultural Creatives: How 50 Million
People Are Changing the World, Harmony Books, New York.
Roddick, A. (1991), Body and Soul, Vermilion, London.
Social and Economic Council of the Netherlands (SER) (2000), De winst van
waarden: Advies over maatschappelijk ondernemen (The profit of values: recom-
mendations on corporate social responsibility), SER, The Hague.
Sodeman, W.A. (2003), ‘The Body Shop International PLC’, in Carroll and
Buchholtz (eds), pp. 600–609.
78 Corporate social responsibility
Van Straaten, F. (2006), ‘Compassie met de schepping. The Body Shop kapitalis-
tischer dan “Dame Anita” pretendeert’, NRC Handelsblad, 24 March.
Wheeler, D. and M. Sillanpää (1997), The Stakeholder Corporation: The Body
Shop Blueprint for Maximizing Stakeholder Value, Pitman, London.
PART II
INTRODUCTION
81
82 Corporate social responsibility
– and indicate that within these groups there are numerous approaches
(ibid.: 17). If this lack of definition among different types of groups were
not enough to make the appraisal of CSR sufficiently difficult, concepts
of CSR also vary enormously from country to country and from time to
time. Consequently, all sweeping generalizations about CSR must be con-
sidered with care. Social, cultural and historical developments of nations
are so diverse that no one set of CSR principles will fit all or indeed would
be appropriate for all (Dayman, 2008: 1). Certainly, the extent of CSR
in Russia in the twenty-first century is a product of unique geographic,
historic and political conditions.
One of the most important reasons for the early development of CSR
in Russia is the vast territory of the country, the fact that most cities in
Siberia and the far east of Russia are located very far from one another,
and of course, the socialist organization of society. During the Soviet
years, emphasis was placed on the development of resources, and the
major method of doing so was through the massive planning and con-
struction of great industrial enterprises around which great cities were
built. The consequence of this type of development was that industrial
plants and cities were inextricably intertwined with one another. State
enterprises (companies) not only produced products from the plants
but were also deeply integrated into all the activities of the community
by providing heat and power to the houses, building roads, supporting
schools and so on. They also sponsored sports teams, built stadiums
and swimming pools, organized sporting leagues, and funded orchestras
and dance groups. Workers depended on these enterprises for the alloca-
tion of housing, transport, leisure time and vacations, healthcare and
sanatorium visits and so on. Depending on one’s location in the Russian
Federation, the enterprise or agency that people worked for was respon-
sible for cradle to grave services. As one historian put it: ‘these cities were
practically parts of the plants, embedded in the communal and social
infrastructure of the USSR’ (Dayman, 2008: 2). Indeed, one can make
the case that state enterprises in Russia started practising much earlier
and much more vigorously than most of the activities (and many more)
that were later recognized as major parts of CSR in many European and
North American countries.
84 Corporate social responsibility
these services stopped and wages were monetarized with a much lower
purchasing power. As a result, an entire generation was left without the
resources to acquire housing and the other services that were normally
provided by the company for which they worked.
As is well known, without the existence of a well-functioning govern-
ment at any level, the situation became so out of control that by 1998 there
was a shortage of almost every kind of product, stores were empty, bank-
ruptcies were rife, bribery was endemic, local governments were powerless,
the banking system collapsed and the central government defaulted on its
debts. Russia became bankrupt.
and Trade have followed in the path of their Western colleagues and
focused attention on setting guidelines for businesses’ role in society.
The RSPP (once known as the group of ‘red’ directors) has adopted a
Social Charter that outlines businesses’ role in society and encourages its
members to become an active part of the communities within which they
operate. In addition to business associations’ efforts, non-governmental
organizations (NGOs) have facilitated CSR’s entry into Russia by spon-
soring over 30 seminars and conferences on CSR since 2004 and by the
translation of international standards on CSR reporting into Russian.
The United Nations, through the UN Global Compact1 has reached out
to Russian business and government leaders to be a part of the UN’s pro-
gramme to engage business in solving social and environment problems. It
publishes a quarterly that reports on developments associated with CSR in
countries throughout the world:
[A]t the beginning of 2007 CSR and sustainable reporting were part of the busi-
ness practices of more than 40 Russian companies. Fifteen of them featured
such reports as a separate section of their annual reports, while eighteen pro-
duced separate social reports, eight reported on sustainable development and
the remaining four issued environmental reports. Thirteen of these documents
were prepared on the basis of methodology and indicators of international
standards. (Kostin, 2007: 3)
CONCLUSIONS
All of the above factors – the need to rebuild infrastructure, the impact
of foreign trade and investment, the adaptation of contemporary man-
agement methods, the development of philanthropy and the work of
international and domestic organizations – have had an impact on the
development of CSR in Russia.
There is a long history, dating back to the Soviet era, of CSR in Russia,
if CSR is defined in terms of the relationship of business organizations
with the society of which they are a part. During that period, under a
socialist philosophy, companies provided ‘cradle to the grave’ services to
their employees and the cities where they were located. However, in the
great transition from a command to a market economy to all intents and
purposes all CSR disappeared in the midst of the general chaos. During
the recovery at the end of the twentieth century, because of the breakdown
in the normal infrastructure and social services during the transition,
many companies became involved with governments in undertaking activ-
ities that in most industrialized countries would be considered solely the
responsibility of governments. As the economy has grown and companies
have prospered, the debate about the appropriate balance between private
support and government support for such services has increased.
There is no doubt that large Russian companies are aware of the
94 Corporate social responsibility
DISCUSSION QUESTIONS
NOTES
1. The Global Compact is a partnership of the Office of the United Nations Commissioner
for Human Rights, the International Labour Organization, the United Nations
Environmental Programme, the United Nations Industrial Development Organization
and the United Nation of Office of Drugs and Crimes.
2. OJSC Gazprom, OJSC Ryasan Grez, OJSC Arkhangelsk Pulp and Paper Mill and OJSC
Northwest Forestry Company (OJSC: Open Joint Stock Company).
REFERENCES
Art Newspaper (2008), Art Newspaper: International Edition, 16 (184), 1.
Crane, A., D. Matten and L. Spence (2007), Corporate Social Responsibiity:
Readings and Cases, London: Routledge.
Dayman, S. (2008), ‘Russia in 2008: ISO Corporate Social Responsibiliy in a Post-
Socialist State’, ISO Social Responsibility, March, available at: www.ecologia.
org/isosr/sergey.html (accessed 15 November 2008).
Gillies, J. and Olga Melitonyan (eds) (2008), The Canada/Russia Corporate
Governance Program, 2000–2006, Toronto: Schulich School of Business, York
University.
Grafski, S. and J. Moon (2004), ‘Comparative overview of Western and Russian
CSR Models’, in S. Litovchenko (ed.), Report on Social Investment in Russia,
Moscow: Russian Managers’ Association, pp. 13–22.
Johnson, D. (2004), ‘Social Responsibility of Russian Businesses’, Johnson’s
Russia List, 29 November, available at: www.edi.org.russia/jonson/8473-20.cfm
11 (accessed 15 November 2008).
Kostin, A. (2007), ‘Russia: the evolving corporate responsibility landscape’,
Compact Quarterly, 1, available at: www.enewsbuilder.net/globalcompact/e_
article000775164.cfm?x=bll.o.w (accessed 15 November 2008).
Severstal (2008), ‘Social Responsibility’, available at: www.severstal.com/eng/
sustainable_development/social_responsibility/ (accessed 15 November
2008).
Thompson, D. (2007), The $12 Million Dollar Stuffed Shark: The Curious
Economics of Contemporary Art, London: Palgrave Macmillan.
TNK-BP (2006), Social Investment in Russia 2005, Moscow: TNK-Bp.
FURTHER READING
There is a very large and rapidly growing literature on all aspects of CSR in Russia,
particularly with respect to social programmes. For more information on sources,
contact Alexander Settles: asettles@hse.ru.
98
Responsible business in Polish economic practice: Camela 99
HISTORY
CAMELA TODAY
There is no doubt that among the important challenges for every company
facing up to the concept of responsible business is guaranteeing employees
‘decent work’. This means that the employer ‘not only disburses salaries
and forwards ZUS [Social security premiums] on time, but also creates
decent working conditions, observes worker rights, and does not exploit
the employees, but works towards their development and treats them as
partners’ (Kapcewicz, 2004, p. 7).
In the view of the management board, Camela is implementing the
above task, albeit the term ‘socially responsible business’ is not formally
102 Corporate social responsibility
used within the company. This view of the management board is confirmed
by several prizes and awards received by Camela, including winner of the
Fair Play Enterprise competition in the years 2002, 2004, 2005 and 2006
for reliability in their relations with suppliers, customers, and staff, and
acknowledging the company as an Employer Organizing Safe Working
Conditions in 2001 by the Wrocław District Labor Inspectorate, which
awarded First Prize to the CEO in the group of companies employing over
250 people.
In characterizing actions undertaken in the interest of workers, members
of the management board stressed the socialist past of the company.
Camela operated as a state enterprise up to the period of systemic trans-
formation. It was privatized in 1994–95 through worker privatization,
whereby the employees became the company owners.
The persistently manifest state enterprise pedigree is, to a great extent,
the result of the top management core being formed by managers who
have been involved with the company for more than 30 or even 40 years.
The CEO has been involved in its management since the 1960s. When
installed as director in 1965, he assembled a new managerial team, which
today continues to manage Camela. Years of work in a state enterprise
as well as life in a socialist country continue to have an impact on his
approach to workers – it is characterized by caring and respect.
Mutual relations between the managerial staff and workers are also
influenced by long-term collaboration, which has existed under diverse
conditions. It encompasses both the period of the centrally planned
economy and the almost 20-year period of a market economy. Regardless
of the character of the economy, the company has had moments that were
both good and bad. Experiencing such moments together created the
foundation for mutual trust. Note that just like the top management, most
of the workers at Camela can also be characterized by their employment
stability. Most of them have been employed by the firm since the1960s
and 1970s. For many, Camela was and is their only place of employment.
The result of this situation is the rather high average age of the work-
force, which is approximately 40. The first major influx of ‘young blood’
occurred in 2007, but it did not encompass the top management.
Since the 1990s, the level of employment at the company has fallen
significantly. Camela employed 690 in 1990; 10 years later the figure was
only 371. A certain stability may be observed as of the year 2005, when
the employment level was 314. Currently, the outflow of staff is the result
of a natural passage into retirement, rather than a restructuring led by
company needs. Workers rarely resign of their own accord, although there
are single cases of departures resulting from an organizational mismatch.
There can be no doubt that a continuous reduction in employment is
Responsible business in Polish economic practice: Camela 103
among the painful processes that have taken place in the company over
the past 18 years. Moreover, the complexity of this process was also
predetermined by the situation in the local labor market, which was very
difficult. With the closing of all mines during the 1990s, the Wałbrzych
region experienced structural unemployment of 27 percent. By 2008 it was
approximately 18.4 percent,3 while the unemployment rate for the city
of Wałbrzych itself amounted to approximately 13 percent (December
2007).4
In the case of Camela, which is among the few companies that survived
the transformation period in this region, the means of reducing the work-
force subject to such conditions created a significant challenge for the
managerial staff. Aware of the complexity of the situation – the necessity
of satisfying the economic needs of the organization versus its status as
one of the few employers in the region – the top management put in sig-
nificant effort to find a solution, striving to reconcile these contradictory
challenges. They felt responsible for their workers; decisions regarding
layoffs were taken with great care and their basis was always the possibil-
ity of the fired employees receiving other social benefits (for example, early
retirement). In fact, this approach to layoffs remains to this day.
Another event that left its mark on management–worker relations is
certainly the privatization of the company. Both rank-and-file workers
and the top management were a party to it. Consent for such a form of
privatization as well as broad participation in the transaction was, to a
great extent, the result of trust in the managerial staff, which was its ini-
tiator. At the same time, the top management undertook actions aimed
at facilitating the participation in the privatization process of the largest
possible group of employees. Among methods applied were payments of
bonuses from special company funds as well as the granting of low-interest
credit for the purchase of stock, and a wide-ranging campaign to convince
workers as to the benefits of the concept of worker privatization. The
result was the launching in 1994 of the process of privatization encom-
passing 670 employees, of whom 517 purchased stock. Currently, Camela
continues to be the property of its workers, where over 50 percent of its
shares is in the hands of the management board while the remaining shares
are at the disposal of workers.
Another noteworthy factor is that Camela employees are endowed with
business sense. This is demonstrated by the results of a questionnaire-based
study conducted among workers in 2007 as well as in their approach to
problems constantly cropping up in the company. For example, 2006 was
a tough period for the company due to a lack of orders. The situation was
serious enough to consider halting production, which created the threat of
worker layoffs. In looking for a solution, the management board proposed
104 Corporate social responsibility
if tests are successful, the originator of the idea will participate in the
profits.
Stimulation of innovative behavior among company workers points to
the implementation of another aspect of the CSR concept – the guarantee-
ing of sustainable development.
One aspect of the concept of responsible business is for the company
to treat its workers as partners. This cannot be accomplished without
dialogue. In this context, the creation of good communication channels
between workers and the managerial staff becomes a major challenge.
An increase in management activity in this sphere can be observed at
Camela over the past year. The above-mentioned questionnaire study
conducted among employees in 2007 was an attempt to expand applied
communication instruments. Until the study, the main worker communi-
cation channel consisted of bulletin boards hanging by each production
hall, which enabled workers to learn about the most important informa-
tion related to company operations (for example, regarding quality or
output). This method of communication has many limitations, however.
First, information flow is in one direction (from the top management
to workers), meeting the needs of only one side. Second, it is question-
able whether workers actually read the information and announcements
displayed on the bulletin boards.
Currently, the new form of communication that was inspired by the
results of the study, which demonstrated a need to decrease the distance
separating the managerial staff and workers, is to set up meetings between
the president of the board and individual groups of workers. A total of 12
such meetings had already taken place by April 2008. They were organized
in the 4th quarter of 2007 and the 1st quarter of 2008. The objective of the
meetings was to discuss the workers’ problems, and their expectations with
respect to the management, and to pass on information about the situa-
tion of the company. The meetings proved popular among the employees,
but they also provided several interesting insights into how the workers
felt and their views on what is happening in the company. Furthermore,
the CEO of Camela valued this formula for communications very highly.
The idea was put forward to make such meetings a permanent fixture and
organize them once every two years, for example.
Data gathered during such meetings can be a useful starting point for
further improvement in managing worker relations. For example, the need
to change the behavior of foremen with respect to their subordinates is some-
thing that must be tackled. Research has demonstrated a lack of sufficient
skills on the part of foremen in managing workers. The top management is
now considering various solutions, including the organizing of training for
foremen aimed at increasing their knowledge of managing people.
Responsible business in Polish economic practice: Camela 107
The company’s charity effort is mainly directed to those in need who are
located in its area of operations as defined by the manufacturing plants in
Wałbrzych and Mieroszów. The main recipients benefiting from Camela
aid include local sports clubs and schools, which receive financing ear-
marked for the procurement of sporting equipment and supplementary
meals for children.
There are also individuals among the beneficiaries of Camela’s charita-
ble activities, who have approached the company and requested assistance
directly. For example, the company provided financing for two marathon
runners, making it possible for them to participate in marathons organ-
ized around the world. Among other occasional activities is support for
the theater in Wałbrzych as well as collaboration with the Wałbrzych city
authorities in developing a brochure about the city and a subsidy for the
local hospice. There is also the annual Mieroszów festival, which, although
it is primarily organized for company employees, is open to residents and
provides them with a welcome local attraction – the community is small
and there is not much variety in terms of entertainment.
Actions in the interest of the local community meet the needs of the
moment rather than being a component part of the company’s long-term
intentions. Moreover, the local community is the primary initiator of
such efforts, which are directed at Camela when the company is asked for
concrete help.
The company has no written procedures or rules regulating this sphere
of its activities. Nor does it have a specific independent job position dedi-
cated to collaboration with the local community. The only systemic solu-
tion is that the management board has made the president of the board
its plenipotentiary with regard to decisions in this area (the president of
the board is empowered by the board to set the level of the subsidy). The
usual procedure is to submit such matters at management board sessions
when signals from the local community suggest a need for support for
or involvement in a given venture. Decisions regarding the granting of
a subsidy or company involvement in a given venture are based on not
only the logic or value of the idea, but also the economic situation facing
Camela. An important aspect determining consent for assistance is trust
on the part of the management board in the potential beneficiaries.
In the view of Camela’s CEO, a stable company situation is a prereq-
uisite to company activity in the interest of the local community or other
stakeholders. In times of change – for internal organizational reasons
or as a result of events in the community – all effort is concentrated on
addressing company difficulties. Support for others activities drops into
the background.
Although Camela’s community activities are, for the most part, on
Responsible business in Polish economic practice: Camela 109
CONCLUDING COMMENTS
Table 5.1 Benefits provided by Camela for employees and the wider
stakeholder community: summary
DISCUSSION QUESTIONS
NOTES
REFERENCES
(Local development plan for the Powiat of Wałbrzych for 2005–2006 and subse-
quent years), Wałbrzych, October 2005, available at: www.powiat.walbrzych.pl/
DokumPlan/pliki/PRL.pdf.
United Nations Development Programme (UNDP) (2007), ‘Społeczna
Odpowiedzialność Biznesu w Polsce. Wstępna analiza’ (Business social respon-
sibility: preliminary analysis), Warsaw.
Verheugen, G. (2006), ‘Unia europejska jako przystań na burzliwym morzu glo-
balizacji’ (The European Union as a harbor on the stormy seas of globalization),
Gazeta Wyborcza, April 23.
Wierzbowska, T. and Kuraszko, I. (2006), ‘Działania z zakresu CSR są w Polsce
najczęściej inicjowane przez PR. Raport z badania na temat postaw osób
związanych z branżą PR wobec idei CSR’ (CSR efforts in Poland are most often
initiated by PR: a report on the positions of people in the PR industry on the
concept of CSR), Raport odpowiedzialny biznes w Polsce. Dobre praktyki – 2006
(Responsible Business in Poland Report: best practice – 2006), available at:
www.odpowiedzialnybiznes.pl, p. 12.
REPORTS
Europroduct – 2000
First Prize for knitted clothing inserts with ‘double adhesive points’
2000 – Mouflon – First Prize in the competition for the best company and
product of the Wałbrzych region in the company of the year category
2001 – Mouflon – First Prize for knitted clothing inserts with ‘double
adhesive points’
2002 – Mouflon – First Prize and the Commercial Personality of the
Region title for the President of Board of the Camela S.A. Factory of
Clothing Inserts – Janusz Seńczuk
2003 – 3rd Prize in the best large enterprise category
2004 – 2nd Prize in the best product category for elastic clothing inserts
2005 – The Super Mouflon Award for the President of Board, Janusz
Seńczuk, and the Camela S.A. Factory of Clothing Inserts
1st Prize in the group of companies employing over 250 people for the
President of the Board Janusz Seńczuk, granted by the District Labor
Inspector in Wrocław
Source: www.camela.pl/11.
PART III
Over the past few decades, corporate social responsibility (CSR) – actions
taken by the firm intended to further social goods beyond the direct
interests of the firm and that which is required by law (McWilliams and
Siegel, 2001) – has gained increasingly enthusiastic attention from busi-
ness and academic researchers. However, the very extensive literature
addressing the theory and practice of CSR is still very much grounded
in the European and US contexts (Birch and Moon, 2004). Nonetheless,
given the globalization of business, there is a pressing need to acquire
insight into the nature of CSR in different countries. In recognition of this
lacuna, we examine the activities of CSR in two Asian countries: South
Korea (from here on, ‘Korea’) and Japan. These two countries are both
East Asian democracies and have been closely linked to each other, given
their geographical and cultural proximity as well as for historical reasons.
Yet, despite their similarity, we show that these two Asian countries have
adopted different approaches to CSR. Until recently, CSR practices and
performance from most Asian countries have not been introduced to the
Western world, with the exception of a few Japanese CSR studies (for
example, Wokutch, 1990; Lewin et al., 1995; Wokutch and Shepard, 1999;
Fukukawa and Moon 2004). Especially intriguing is the fact that there is
no research in the Western academic world focusing exclusively and in
depth on Korean CSR issues, although there are a few comparative CSR
studies that include Korea among their sample of countries (for example,
Chapple and Moon 2005; Welford, 2005).
The main purpose of our chapter is to analyze the characteristics of
CSR in Korea and Japan in terms of the different influence that local
actors exercise on their respective CSR practices. First, we introduce the
general CSR trend in Korea and Japan based on several CSR indicators.
Second, we discuss three general approaches to comparative CSR studies:
cultural, attitudinal, and actor centered. Third, we explain the role of local
123
124 Corporate social responsibility
There have been several attempts to explain CSR similarities and differ-
ences across countries from different perspectives. First, Wokutch (1990)
126 Corporate social responsibility
State
Distinct CSR
performance
Firm
CSR
Customers
responses
Labor
Investors
1996. The growth of exports slowed down and foreign debt increased dra-
matically to US$100 billion in 1996. The relative appreciation of Korean
currency, a prolonged recession in Japan and Europe, and the contagion
of financial crisis in other East Asian countries exacerbated the Korean
economic situation (Ahmadjian and Song, 2006). The financial disaster
had fatal impacts on chaebols,1 which generated 40 percent of GNP in
Korea (ibid.) and had played a significant role as an internal generator of
Korean economic miracles. In 1997, 16 chaebols among the top 30 filed
for bankruptcy, including Hanbo Steel (the 14th-largest chaebol), Sammi
Group (17th largest) and Sangyong Group (fifth largest) and Kia motors
(third-largest auto maker). The stock market dropped 50 percent and
Korea’s sovereign credit was downgraded by Moody’s and Standard and
Poor’s from A1 status to junk bond status. One third of Korean merchant
banks were closed and the default ratio rose to 62 percent in February of
1997. This financial meltdown required the Korean government to borrow
a total of US$30.2 billion from the International Monetary Fund (IMF)
and the World Bank (ibid.).
The financial crisis introduced the concepts of CSR to Korean society.
For example, there was a substantial increase in references to CSR in the
Korean Economic Daily. Although Korean firms superficially knew about
CSR before the financial crisis, most CSR activities were generally limited
to corporate contribution and philanthropical activities. This crisis had a
great impact on local actors, such as state, corporate, unions, and consum-
ers, who were important stakeholders in CSR. For example, the financial
crisis brought the first transition of political power from the ruling to the
reformative opposition party. Moreover, the severe restructuring of com-
panies broke lifetime employment systems, and the uncovering of firms’
corruptions prompted monitoring by non-governmental organizations
(NGOs). Abolishing protectionist trade policies enabled customers to
claim their rights and voice their complaints against Korean companies,
which had enjoyed a monopoly for decades. Furthermore, these local
actors saw the fatal consequences when companies pursued only their eco-
nomic profits through the financial crisis. As a result, these bitter lessons
make local actors rethink the role and responsibilities of corporations in
society and stimulated them to generate considerable societal demands for
improved CSR behavior in Korea.
State
programs for its industrialization (Kim, 1997). It had the power to license
business projects of private firms and provide financial resources to firms
through nationalized commercial banks (ibid.). The Korean government
used chaebols as an engine for industrialization. Chaebols did not hesitate
to follow government directions because they could enjoy many advan-
tages as a result of their cooperation with government, such as export
promotion in strategic industry sectors (Amsden, 1997; Kim, 1997) with
the help of preferential credit allocations, tax benefits and protection from
foreign imports and investments (Steers et al., 1989). Under government
protection, chaebols could make use of unrestrained bank debt to diversify
into new products, unrelated businesses and overseas markets, and focus
on growth over profitability (Ahmadjian and Song, 2006).
However, the Korean financial crisis brought about a dramatic change
in the strong bond between chaebols and government. In 1998, a reforma-
tive opposition party swept the government away from the conservative
party, which had originated in military dictatorship. It believed that the
ineffective management of chaebols was one of the main triggers of the
Korean economic crisis. The new administration imposed new laws and
regulations on chaebols as part of a restructuring program. For instance,
it required them to reduce the debt to equity ratio below 200 percent, and
introduced a mandatory requirement for independent directors for large
listed firms (ibid.). In addition, it increased the penalties for accounting
fraud (Chung, 2002) and introduced accounting principles to match inter-
national standards. President Roh Moo Hyun also showed his clear com-
mitment to the reformation of chaebols through the following comments
in 2002:
What I mean to say is that the unreasonableness of the economic system gov-
erning chaebols, if it is not addressed, will weigh on the economy, undermine
efficiency and consequently bring about an economic crisis. I will address the
problem of the let-up in the reform of the chaebol system so as to forestall
any burden on the economy. There will absolutely be no retreat from market
reform, but there will be forward movement bit by bit. (Roh, 2002)
We argue that CSR might be a useful tool for the Korean government
in accelerating the restructuring process of chaebols. The goals of CSR,
which emphasize firms’ social, ethical, and environmental responsibili-
ties beyond economic and legal duties, are aligned with the goals of the
reformation of chaebols by the Korean government. There are already
several signs that the government intends to address the issue of CSR.
For instance, MOCIE (Ministry of Commerce, Industry and Energy)
has a plan to legislate CSR laws to promote CSR activities. MOCIE is
also developing a CSR reporting system for companies and planning to
130 Corporate social responsibility
Corporate
Customers
Inglehart and Baker (2000) argue that individuals in high GNP per capita
countries are more likely to be concerned with environmental and social
issues, quality of life, and subjective well-being than individuals in low
GNP per capita countries. In addition, people in high-income countries
assert stakeholder claims for corporate responsibility based on their
greater economic and human capital (Jones, 1999). Before the financial
crisis, Korean consumers thought of chaebols as a key driver of economic
development and, recognizing the limited presence of CSR, focused on the
economic responsibility of firms. Korean consumers were willing to bear
low-quality and expensive prices of products and services of Korean firms
in the name of national economic development. As a result, the economic
miracle made it possible for Korea to become the 11th country in the
world in terms of economic size and GDP (IMD, 2004). The industrialized
economy influenced Korean consumers to develop an awareness of and
see a necessity for CSR activities. Above all, consumers clearly recognize
that irresponsible activities of firms undermined the economy’s strength
through the lessons of financial crisis. A survey carried out by the East
Asian Institute (EAI, 2005) found that 72.4 percent of respondents would
not invest in companies that do not give social and environmental respon-
sibility serious attention. In addition, 76.6 percent of subjects responded
that they will not purchase the products and service of companies that do
not fulfill a minimum CSR standard. Although only 15 percent of respond-
ents have actually boycotted the products and services of irresponsible
132 Corporate social responsibility
Labor
Institutional Investors
Previous Japanese CSR studies in the 1990s paid attention to the excep-
tional CSR performance of Japanese companies across certain dimensions,
including product quality, customer service and concern for employee
welfare (Wokutch 1990; Lewin et al., 1995; Wokutch and Shepard 1999).
During the 1990s, much of the world was attracted to Japanese innovative
management practices such as just in time, quality circle, and total quality
134 Corporate social responsibility
Government
Corporate
For example, sexual harassment and racism are serious issues which can
easily damage corporate image and public relations in the West. This dis-
crepancy of Japanese firms’ attitudes toward social issues reveals that self-
interest is a strong driver and standard for Japanese CSR performance.
Furthermore, some scholars even argue that much of the environmental
progress that has been achieved in recent years has come about in response
to foreign criticism rather than domestic pressure (Beck, 1986; Hamilton
and Kanabayashi, 1994).
In conclusion, Japanese firms perceive CSR as an instrument to increase
their profits and to generate competitive advantage. As a result, they have
made outstanding progress in certain areas which align with their self-interest,
such as environmental management, labor relations and working conditions.
However, they continue to ignore other responsibilities such as promoting
equal employment opportunities and effective corporate governance.
Consumers
Labor
Institutional Investors
Since the first SRI fund was introduced in 2001, Japan now has 11 funds
with 100 billion yen in assets (Japaninc, 2003). With regard to SRI, Japan
ranks third after the US and Europe, according to figures analyzed by
SiRi Co. Ltd, an SRI research and consulting company, headquartered
in Fribourg, Switzerland. A June 2003 survey of Japanese, US and UK
investors conducted by Japan’s Ministry of the Environment (2003) sup-
ported the strong interest of Japanese investors in CSR. Some 84 percent
of Japanese investors surveyed responded that they were ‘very much inter-
ested’ or ‘somewhat interested’ in CSR. This number is larger than the per-
centage of US respondents (80 percent) and those in the UK (67 percent).
In addition, 79 Japanese companies have joined the GRI and they provide
credible and standardized information on their CSR performance.
Although the rapid growth of SRI in Japan is impressive, it is a rela-
tively new concept with a short track record. Compared to the size and the
number of SRI funds in the US and Europe, the development of Japanese
SRI is in its infancy. For instance, the US manages 200 SRI mutual funds,
and has $151 billion in assets. Europe has 313 funds and $12.2 billion in
assets.
Nevertheless, we argue that institutional investors have high potential
to make a strong impact on CSR performance in Japan. Unlike other
actors such as unions, customers and government, institutional investors
140 Corporate social responsibility
directly affect the interest of companies. For instance, the opinions and
attitudes of institutional investors toward specific companies influence
their stock price. Furthermore, most companies acquire their financial
capital through institutional investors. Therefore, the strong interest of
Japanese institutional investors in CSR might play a significant role in
molding Japanese CSR initiatives.
DISCUSSION
making donations to society. Japanese firms have played the most active
role in formulating the involvement and characteristics of Japanese CSR.
Without the direct intervention of other CSR actors, Japanese companies
have been very successful in certain CSR areas that are directly aligned with
their profitability such as environmental management, workplace safety
and harmonious labor relations. Nonetheless, Japanese corporations have
ignored and even opposed CSR areas that are not directly related to their
interests. In sum, the commitment of Japanese corporations to CSR has
failed to go beyond self-interest. There has been a growth in consumer
142 Corporate social responsibility
CONCLUSION
internal social pressure, which will cause firms to become more com-
mitted to CSR.
● Japanese corporations have in place extensive CSR programs and
policies (particularly in environmental management, labor relations
and working conditions) but they tend to be limited to areas directly
aligned with economic profit.
● Japanese CSR lags behind when it comes to promoting equal
employment opportunities and implementing effective corporate
governance practices.
● Organized labor is more likely to exercise pressure on CSR in Korea
than in the Japanese institutional setting of enterprise unionism.
● The development of SRI in Korea is limited due to the lack of a
transparent and standardized CSR reporting system while there has
been tremendous interest and impressive growth of SRI in Japan in
recent years.
DISCUSSION QUESTIONS
NOTE
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CSR dynamics in South Korea and Japan 147
THE CASE
The best soap operas have multiple and intertwining plots, interesting
and diverse characters and storylines, unexpected twists and turns, and,
occasionally, outcomes which are not easily predicted. The case of Gunns
Limited, a large Australian public company, and the machinations and
processes involving the company, the Tasmanian state government, the
Australian federal government, and various activist groups in the pro-
posed development of a large pulp mill on the picturesque Tamar River in
northeastern Tasmania, has all the ingredients of a great soap opera.
This case is laced with the many competing interests of diverse stake-
holders, intent on maximizing or minimizing to their own advantage the
triple bottom line (TBL) – economic, social, and environmental – returns.
Companies, such as the powerful Gunns Ltd, are constantly trying to
balance shareholder satisfaction with the social and environmental needs
of other key stakeholders. This is even more pertinent in this case where,
it is argued, Gunns and its present and proposed pulp mill operations
are crucial to the economic health of the region as well as the State of
Tasmania.
This case also extends the TBL to the ‘quintuple’ bottom line (QBL),
by including issues of good governance and party political objectives at
both state and federal levels. The governance extension (the fourth bottom
line) relates to the responsibility of the parties involved in the process
and ultimate decision to build (or not) the pulp mill to adopt transparent
and accountable governance practices. The fifth bottom line concerns the
political ambitions of the two main political parties at a state and federal
level in Australia, the Australian Labor Party (ALP) and Liberal Party, as
well as the growing importance of the Green Party. Complexity is added
by the fact that the electorates where the mill development is planned
148
Pulp, politics, process and pollution: Gunns Ltd and the Tamar Valley pulp mill 149
are among the most marginal at all levels of government; local, state and
federal. A federal election was held in November 2007 and campaigning
for the election was at its peak at the time the impacts of the proposed pulp
mill were at the forefront of special interest and political party agendas.
There are several key learning features in this case. In addition to
extending the concept of the TBL to the QBL, the facts identified in the
case raise serious questions as to who has, and who should have, ultimate
responsibility and accountability in a case of this kind. The facts in this
case also highlight the need for clearer delineation between the role and
responsibilities of government and its regulatory process, and to what
extent it may be influenced by a large private sector organization seeking
to maximize profit for its shareholders and deflect scrutiny from its social
responsibilities. These issues are of particular importance given the timing
of the approval process and a volatile political environment, including a
pending federal election. A final key issue of the extent to which a pro-
posal of this kind should be decided on political, rather than social and
environmental, grounds is also raised.
It is not the intention of this case study to comment in detail on the
commercial, social and environmental merits of the mill development, but
simply to examine the issues of the case in relation to good governance in
the public and private sectors. The following is a contextual description of
the process, and the roles of the main players within it.
THE COMPANY
to lose AUD175 million of business sales and 175 jobs if Tasmania’s clean
green sales niche were lost, and four times that amount if a feared dioxin
contamination of fish and shellfish in Bass Strait occurred as a result of
dioxin-contaminated effluent from the pulp mill (Neales, 2007).
The following sections explain the proposal and its implications for
corporate governance within the context of the financial imperatives of
business, political and government structures, environmental policies and
processes, and issues of community concern.
The processes, sequence of events and roles of the major players have
significant implications for corporate governance in the private and public
sectors. It could be argued in this case that the executive chairman of
Gunns Ltd, John Gay, by maintaining a high personal profile throughout
the process, deflected attention from the other directors. This enabled
governance of the company’s ongoing operations to be largely unaffected
by the very large amount of media and public attention resulting from
the proposed development. Gay, in turn, was skilful in emphasizing what
he identified as problems with the process, rather than potential social
and environmental problems with the proposed mill. In this way, much
of the media and public attention became focused on the Tasmanian
premier, Paul Lennon, who was championing the project, and who was
154 Corporate social responsibility
that dioxins released by the mill would be 45 times worse than estimated.
This was followed by a Commonwealth Scientific and Industrial Research
Organisation (CSIRO) report that the mill as planned would exceed emis-
sion levels for nitrogen oxide, the gas which causes acid rain (ibid.).
By December 2006, the RPDC was attempting to obtain additional
information from the company in relation to the proposal, and in January
2007 two members of the Pulp Mill Assessment Panel (the chair and the
industry expert) resigned, indicating that political interference was occur-
ring. In the same month, Gunns expressed frustration at what it described
as unreasonable delays, and in February provided the additional informa-
tion that the RPDC had been requesting. Gunns then imposed a deadline
of 30 June 2007 for approval of the project. In the meantime, the replace-
ment chair of the RPDC Panel had resigned, saying that he was being
pressured to speed up the process. The company again complained (ibid.)
about the cost and length of the RPDC process, and accused members of
the Commission of bias. Then, on 14 March 2007 the company announced
to the Australian Stock Exchange that it was withdrawing from the RPDC
process, and on the same day the state premier called an emergency cabinet
meeting to discuss the issue.
Premier Lennon hastened to identify an alternative, more rapid, way
of facilitating the mill development and, following the cabinet meeting,
the Pulp Mill Assessment Act 2007 was introduced into parliament. This
was aimed at enabling the pulp mill proposal to be dealt with directly by
the Tasmanian parliament (House of Assembly), bypassing the RPDC
process. In the ensuing political furor, an ALP member of parliament was
sacked from the ALP for voting against the premier’s proposal, and rallies
of up to 5,000 people in support of the mill and 10,000 people against the
mill were held. A survey (ibid.) taken in August 2007 revealed that more
than two-thirds of Tasmanians were opposed to the fast-track approval
process that had been introduced for the mill, and in the same month the
federal environment minister indicated interim support provided that
certain conditions were met. Despite vigorous opposition the Tasmanian
Pulp Mill Assessment Act was passed on party lines. A report was com-
missioned from Sweco Pic, a Swedish pulp mill development company,
and on the last day of August, the Tasmanian parliament gave approval
for the development to proceed.
In the following month, September, the federal ALP opposition envi-
ronment spokesman (Peter Garrett) indicated ALP support for the project,
and the federal environment minister (Malcolm Turnbull) commissioned
his own report. Gunns then reduced its profit forecast, citing delays in the
mill approval process as a cause, and John Gay warned the federal govern-
ment not to impose additional conditions on the mill. There was a strong
Pulp, politics, process and pollution: Gunns Ltd and the Tamar Valley pulp mill 157
I believe the expediency Gunns has placed on this Parliament has caused a
lot of public stress, and stress amongst my parliamentary colleagues. . . . No
private company should ever try to bully a government into pressured decision-
making. This is not a harmonious or collaborative way of working, so I see that
Gunns have left this Government, this Parliament and the Tasmanian commu-
nity hamstrung. This would have to be one of the most difficult positions this
Parliament has faced for many years.
Gunns . . . have made the government become the scapegoat because Gunns
wanted a cheaper outcome. Why are they not held accountable? . . . I am not
happy when a private developer has such a heavy influence on our democratic
system. I am not happy that the RPDC process was abandoned by Gunns.
(Hansard, 2007, 2.35)
issues that have created tension between economic, social and environ-
mental impacts on voters in the Tasmanian and federal electorates.
Australia’s population is approximately 21 million, of which Tasmania’s
is about 500,000. Tasmania has five seats in the federal parliament. Two
of these seats, Braddon and Bass, have long been considered marginal and
are in the region near where the proposed pulp mill is planned, as is the
seat of Lyons. Historically, the party which has held Bass and Braddon
at the same time has achieved government at the federal level. In the
Senate, Tasmania has the same number of senators as every other state
(12) despite the difference in population, and this makes the Senate votes
of Tasmanians relatively more important than they otherwise might be.
Voting at a federal level occurs every three years with the whole of the
House of Representatives and half (36) of the Senate seats being decided
at each election.
In Tasmanian state elections, held every four years, the seats of Bass and
Braddon (the same names and locations as the federal electorates) are also
the most marginal, and historically the party with the majority of members
in these two seats has most often been in government. There are 29 local
government councils in Tasmania, six of these in the areas most likely to
be directly impacted by the operations of the proposed mill. Council elec-
tions are held every two years and these elections are fought and decided
very much on local issues.
At a federal level there are two main parties, the Liberal/National
Coalition (LNC) and the ALP. Over the last decade the Green Party (GP)
has become more prominent federally and in Tasmania (where the party
originated) with its primary message relating to environmental matters.
The GP is a federation of eight state and territory parties which grew out
of Australian environment movements in the 1970s and 1980s. The cam-
paign to save Lake Pedder led to the formation of the United Tasmania
Group in 1972. This was the first ‘green political party’ in the world and
the people involved in this group eventually formed the national GP. At
the federal level, the GP has at times held the balance of power in the
Senate and has continued to increase its votes and power base since that
time. It led the ‘no pulp mill’ campaign during 2007.
Environmental issues achieved national prominence in the 1983 federal
election when the ALP won after campaigning strongly throughout the
country in opposition to the Tasmanian government’s proposed damming
of the Franklin River below the Gordon River in Tasmania. That issue
dominated Tasmanian politics throughout the late 1970s and early 1980s,
spilling over to the federal sphere in 1982/83. The issue caused great rifts
between those who supported the construction of the dam and those
who sought the preservation of the wilderness values of the region. In
Pulp, politics, process and pollution: Gunns Ltd and the Tamar Valley pulp mill 159
December 1982, the dam site was occupied by protesters, leading to wide-
spread arrests and greater publicity. The dispute became a federal issue
the following March, when a campaign in the national print media helped
bring down the LNC government of Malcolm Fraser at the 1983 election.
The new ALP government, under Bob Hawke, had promised to stop the
dam from being built. A legal battle followed between the federal govern-
ment and Liberal Tasmanian state government resulting in a landmark
High Court ruling in the federal government’s favour (CLR, 1983).
In the late 1980s, a pulp mill was proposed to be built near Wesley
Vale in northern Tasmania. The claim that waste generated by the mill
would threaten Tasmania’s World Heritage listed forests became a sig-
nificant environmental and political issue at the state and federal levels,
and the project was abandoned by its foreign-owned backers, Noranda
and North Ltd. This proposal was actively discouraged by the GP, which
ran for the House of Assembly in Tasmania for the first time in the 1989
elections. They received 17.1 per cent of the vote across the state and
won five of the then 35 seats in the state parliament (Tasmanian House
of Assembly, 2008), largely on the anti-pulp mill and other forestry
protection issues.
In 2004, at the federal level, the then ALP opposition leader Mark
Latham campaigned very strongly on stopping the logging of old-growth
forests in Tasmania and particularly in the areas near the seats of Bass,
Braddon and Lyons. At a time when the economy was a dominant politi-
cal factor, voters were more concerned about employment, and the LNC
reclaimed the seats of Bass and Braddon from the ALP. Interestingly
these victories would not have been possible without the assistance of
traditional ALP-supporting, forestry, building and mining unions, who
supported the LNC’s forestry policy, rather than that of the ALP. In the
post-election analysis, many media analysts remarked on these strangest
of bedfellows.
At the November 2007 federal election, the ALP won after 12 years
of LNC control, with a national swing of 5.7 per cent providing it with
43.4 per cent of total votes. There was a national swing of 0.6 per cent to
the GP, increasing its share of the vote to 7.8 per cent. There is no doubt
that the Tamar Valley pulp mill issue impacted greatly on the fortunes of
the three political parties, particularly in specific electorates. The LNC,
through the environment minister, Malcolm Turnbull, approved the con-
struction of the pulp mill just prior to the election. The ALP, while giving
the issue as low a profile as possible also indicated that they would support
the pulp mill if elected, but would place stronger and stricter environmen-
tal safeguards on its construction and operation than would the LNC. The
ALP regained the seats of Bass and Braddon and increased their majority
160 Corporate social responsibility
in Lyons, but in considering the impact of the pulp mill proposal it is most
interesting to look at the impact the GP and two independents had on the
results. Table 7.1a compares the percentage of votes before the distribu-
tion of preferences and Table 7.1b is the two major party preferred vote
after the distribution of preferences.
The clear message from these tables is that the pulp mill issue was very
influential in the votes cast. The GP significantly increased their vote
in Bass and to a lesser extent in Braddon and Lyons. The 7.2 per cent
increase in the GP vote in Bass was well above the national average and
can be directly attributed to the anti-pulp mill sentiment. The primary
votes for the LNC, before the distribution of preferences, fell in all three
seats. The primary votes for the ALP fell in Bass and Lyons, but rose
slightly in Braddon. Given a national swing of 5.7 per cent to the ALP, the
fall in its primary votes in Bass and Lyons indicates substantial voter dis-
satisfaction with its pro-pulp mill stance. There is little doubt that without
the distribution of GP preferences, 75 per cent of which went to the ALP,
it would not have won Bass. While the increase in the GP vote was not
as great in Braddon as in Bass, it was still above the national average
and, again, without GP preferences (again at 75 per cent) the ALP would
not have won the seat. The seat of Lyons is interesting for a number of
reasons. The independent candidate, Ben Quin, had been the pre-selected
LNC candidate but he withdrew his candidacy a few weeks prior to the
election, stating that he could not support the LNC party’s position on the
pulp mill. He then ran as an independent candidate. The 9.6 per cent of
the vote which he gained, considered alongside the 11.2 per cent vote for
the GP, indicates a very strong anti-pulp mill vote in Lyons. While 77 per
Pulp, politics, process and pollution: Gunns Ltd and the Tamar Valley pulp mill 161
premier. However, the pulp mill proposal had not gained momentum and
notoriety until after the election. Since that time, opinion polls have indi-
cated that the Lennon government has lost a great deal of support and,
notwithstanding a number of other scandals, the pulp mill and the public
resentment at perceived abuse of the planning process has been a major
cause of this downturn. Typical of the opinions being expressed are the
following:
In Launceston, the pulp mill also had a marked effect on local elections
held in October 2007. The Australian newspaper reporting the outcome of
the Launceston mayoral election said:
A backlash against Gunns pulp mill has toppled Launceston Mayor Ivan Dean
and his deputy and seen a number of anti-mill candidates elected to northern
Tasmanian councils. Mill opponents yesterday hailed the results of Tasmania’s
local government elections as proof of widespread opposition to the mill, to be
built in the Tamar Valley north of Launceston. As well, a plebiscite held with
the council elections in Hobart showed 76 per cent opposition to the mill among
voters in the state capital. Mr. Dean, who lost the Launceston mayoral race to
anti-mill candidate Albert van Zetten, conceded his support for the $2 billion
project ‘played some part’ in his downfall. (Denholm, 2007)
state and federal governments of almost AUD894 million for the period
from 2008 to 2030, some of which will be returned to Tasmania under the
Commonwealth Grants Commission scheme. It further argues that there
will be an additional AUD39 million annual expenditure by the construc-
tion workforce into the northern Tasmanian economy and a 15 per cent
increase in local property prices (Gunns Ltd, 2008a).
There is little doubt that the mill will generate economic activity.
However, the ‘net’ benefits of the proposed project are difficult to identify
and this calculation depends largely on whether both direct and indirect
benefits and costs of the project are included. For example, in a 2005
radio interview, the general manager of the pulp mill project claimed
that a university study indicated that the mill would create about 4,000
jobs directly, and another 4,000 indirectly during the two-year construc-
tion phase. The study also claimed that in its operational phase it would
create an extra 1,500 jobs, both directly and indirectly. If these figures are
accurate they represent a significant (approximately 2 per cent) contribu-
tion to Tasmania’s GDP (ABC, 2005). Since then, however, it is clear that
the direct number of operational jobs, once the mill is open, will be less
than 300 and the number of indirect jobs and where they might be is not
specified.
The figures provided by Gunns regarding the economic impact of the
mill have been contradictory. Its latest estimates assert that about 3,400
more jobs can be expected in Tasmania in 2008 if the pulp mill is con-
structed, with 1,617 being employed in the operational phase, and that, by
2030, an extra 2,000 Tasmanian jobs may be created (Bell Bay Pulp Mill,
2008). However, other conflicting estimates from Gunns indicate that the
mill, when completed, will provide only an additional 292 operational
jobs, 60 per cent of which will require additional training (Gunns Ltd,
2008a) The national leader of the GP, Senator Bob Brown, has drawn
attention to these variations, as well as others, noting:
[T]he pulp mill will have 292 jobs, according to the Gunns’ specification when
it’s built. Well, there’s been more than 300 jobs shed out of the forestry industry
since John Howard [the then Prime Minister] with the forestry division of the
CFMEU [Construction, Forestry, Mining and Energy Union] and their flags
flying made that momentous decision during the 2004 election campaign which
said they’d protect jobs. They didn’t. There’s been more jobs shed since then
because it suited Gunns’ bottom line and lots of other logging companies in
this state than the pulp mill will create. That’s a furphy. This is a mill to make
money for a corporation which exports it profits out and its job prospects out
of Tasmania. But which according to an independent economic analysis, would
have a $3.3-billion hit on other prospective industries in Tasmania, including
the clean green industries and many more jobs will be lost because of this than
the mill will create itself. (Jones, 2007)
164 Corporate social responsibility
Gunns claim that they are committed to source employment and serv-
ices from Tasmania whenever possible, estimating that 40 per cent of jobs
during construction and 80 per cent of jobs once the mill is operational
will be filled by Tasmanians (Gunns Ltd, 2008a). The 40 per cent figure,
corresponding to about 1,400 jobs for Tasmanians, is difficult to believe
as, at present, there are not enough surplus skilled workers available in
Tasmania to meet that level of demand. If workers are sourced from within
Tasmania, it will most likely be at the expense of other areas of building
and construction, where there is and has been a shortage of skilled labour.
The mill’s impact on other areas of the Tasmanian economy has been the
subject of many claims by opponents of the mill. The Tamar Valley region,
for example, is one of the main tourist routes in Tasmania and generates a
great deal of economic activity each year. Fear of negative environmental
impacts has opponents of the mill indicating the potential losses which
may result. For example, one set of claims is that over a 30-year period, the
economic losses generated will be in the range of hundreds of millions of
dollars (Tapvision, 2007). These claims are summarized in Table 7.3.
The notion of striking a balance between CSR and profit maximization
for the private sector has gained significant influence over the last 20 years.
This seems not to be the position advocated by Gunns’ CEO, John Gay,
who emphasizes that the company’s major objective is to maximize profit
for its shareholders, as illustrated in the following excerpt from a nation-
ally televised interview with John Gay in his response to a question about
balancing corporate profits against protecting wildlife (Sunday, 2003).
Graham Davis (Reporter): Again, for many people – and not just the Greens
– it’s the scale of what’s happening in Tasmania that’s at issue, not whether
Table 7.3 Potential hidden costs of the Tamar Valley pulp mill
logging should or shouldn’t take place. Only the most ardent conservationist
would want to place 8,000 jobs at risk. Yet, if there are rules, they should be
adhered to, even if there’s no consensus on forestry, more of a balance should
be struck. The chasm of perception here is obvious when you go to see logging’s
Mr. Big. What’s good for the forestry business in Tasmania is always good for
the rest. How do you feel about protected species dying for your business?
John Gay: Well, there’s too many of them and we need to keep them at a
reasonable level.
Graham Davis: You’re saying there’s too many wombats and ring-tailed
possums?
John Gay: Yes, most certainly.
Graham Davis: Why are they protected then? Why are they classed as
endangered?
John Gay: Well, because the numbers are getting too great and the ring-tailed
possum is a very small proportion of this. It’s usually the brush possums that
are poisoned, not ring-tails.
Graham Davis: Well, how can you say that, though, when you concede that this
thing kills everything?
John Gay: Well, that everything that goes there to eat, but I believe it is an
acceptable practice.
Graham Davis: It is acceptable practice to knock off all the wildlife in the
surrounding areas, so that you can put your tree seedlings in?
John Gay: Yes.
of the action was that protesters and activists had disrupted a number of
operational forestry activities in Tasmania and overseas and this caused a
financial loss. From a CSR standpoint and the reputation of Gunns, the law
suit created a huge backlash, one that is still continuing. The defendants,
who have become known as the ‘Gunns 20’, come from many walks of life.
The massive suit covered 10 different protest actions, in the state and overseas,
over four years. Greens leader Bob Brown had a $1.7 million claim against
him. Four people from the Wilderness Society each faced claims in excess of
$1.3 million, and the organisation itself a further $3.9 million. Those sued
range from a country grandmother to a town dentist, and a filmmaker to a law
student. Some had assets, others not. (Darby, 2006)
The claims against six defendants, including all of the corporate ones,
were dropped by Gunns in December 2006, but the courts ruled that
actions against the remaining defendants could continue. Gunns paid
the legal costs of the six defendants of about AUD500,000. The case is
continuing, with another of the cases against one of the defendants, Dr
Frank Nickalson, being struck out by the Supreme Court of Victoria on
17 September 2007. Vanessa Bleyer, President of Lawyers for Forests, was
present in court and described the result as follows:
Unexpected, given the order striking out the statement of claim came when
Gunns applied to strike out a paragraph in the defendant’s defence. It is of
concern that Gunns appears not to want the truth of the doctor’s statement
tested in court. It is concerning that Gunns is suing people who raise public
health issues in light of the pulp mill proposal. (Legal, 2007)
The Australian Government has paid $2 million replacing wood stoves with
other forms of heating in the Tamar Valley to reduce air pollution. But it has
also given Gunns $5 million to build a pulp mill whose boilers will create pollu-
tion equivalent to an extra 11,000 wood stoves. (Wilderness Society Tasmania
Inc., 2007)
of this windfall went to local people, but this was a temporary benefit as,
in the longer term, the locals made their substantive living in the oil, ship-
ping, fishing and marine industries, which were devastated by the oil spill
(Valdez Alaska, 2007). The social capital of the town was changed forever
in the aftermath of the oil spill.
It is planned that Gunns will build a temporary village in George Town,
near the site of the mill, for 800 workers. It is likely that an anticipated
further 3,000 or more construction workers will need to use rental or
hotel/holiday accommodation in the area (Tamar, 2008). At present,
rental properties in and around the Launceston area show a 95/97 per
cent occupancy rate, so the implication of the construction of the mill is
that tourist accommodation may be unavailable for periods during con-
struction, or become substantially more expensive, leading to a decline in
tourist numbers to the detriment of businesses that depend on tourism.
This, in turn, could have an adverse long-term social, as well as environ-
mental, impact. Similarly, the influx of large numbers of male workers into
George Town and the surrounding areas will generate a number of adverse
impacts. In Valdez, for example, there was a major increase in prostitution
during the peak clean-up phase.
CONCLUSION
quickly became ‘the story’ and, despite the best intentions of many of
the anti-pulp mill campaigners, the social, environmental and economic
impact of the mill, and the way in which Gunns would be held accountable
for them, faded into the background.
Finally, the case mirrors much of the criticism levelled at CSR practices
of multinational companies in developing countries where the economic
prosperity of the country is particularly dependent on the presence of
the multinationals’ operations in the country. Governments of develop-
ing countries have often been criticized for allowing these companies to
operate at a lower level of social and environmental accountability than
the companies would be allowed to in their home country or other devel-
oped parts of the world. The companies themselves are also criticized for
taking advantage of the poorer countries in this regard. The uniqueness
of the Gunns case is that Tasmania is a prosperous, although small, state
in one of the richest and most developed countries in the world. While
Gunns is a very important company in respect of the economic well-being
of Tasmania, the facts of this case suggest that its level of influence over
government decision making has much in common with multinationals in
poor countries. From a good governance perspective, one might question
the sustainability of this situation.
DISCUSSION QUESTIONS
NOTE
1. The Hare–Clark voting system, named after Thomas Hare and Andrew Inglis Clark,
has been used in Tasmania since 1909. It is an electoral system often called ‘quota-
preferential’. Candidates are elected from multi-member constituencies, but not using
the proportional representation methods common in European countries. Candidates
are elected by achieving a quota of votes, and those votes can be made up by votes
cast for the candidate, or votes transferred to the candidate as preferences. The
Tasmanian House of Assembly is the only place in Australia that uses the Hare–Clark
system.
REFERENCES
ABC (2005) Radio National ‘Clean green pulp mill or the son of Wesley Vale’, text
of interview, available at: www.abc.net.au/rn/talks/saturday/stories/s1321825.
htm (accessed 20 October 2007).
172 Corporate social responsibility
ABS (Australian Bureau of Statistics) (2006), Tasmanian Year Book, available at:
www.abs.gov.au/Ausstats/abs@.nsf/Previousproducts/1384.6Main%20Feature
s12005?opendocument&tabname=Summary&prodno=1384.6&issue=2005&nu
m=&view= (accessed 17 November 2007).
Alder, J. (1989), ‘Alaska after Exxon’, Newsweek, 18 September, p. 53.
Australian Constitution (1900), An Act to Constitute the Commonwealth of
Australia, 9 July 1900, amended in Commonwealth of Australia Constitution
Act, July 2003, Attorney-General’s Department, Canberra.
Bell Bay Pulp Mill (2008), available at: www.gunnspulpmill.com.au/faqs.html
(accessed 20 January 2008).
Burritt, R. and Gibson, K. (1993), ‘Who controls world heritage listed assets?’,
Environment and Planning Law Journal, 10 (4), 278–90.
CLR (1983), Commonwealth v Tasmania (1983) 158 Commonwealth Law Reports
1.
Darby (2006), available at: www.theage.com.au/news/in-depth/gunns-greenies-
and-the-law/2006/08/29/1156617279358.html?page=fullpage#contentSwap2
(accessed 1 November 2007).
Denholm, M. (2007), ‘Gunns backlash swings council votes’, The Mercury,
1 November, available at: www.theaustralian.news.com.au/story/0,25197,
22682743-5006788,00.html (accessed 20 January 2008).
Department of Premier and Cabinet (DPAC) (2008), available at: www.dpac.tas.
gov.au/divisions/lgo/information/history.html (accessed 8 January 2008).
EMPCA (1994), Environmental Management and Pollution Control Act,
Government of Tasmania, Act No. 44 of 1994.
EPBC (1999), Environmental Protection and Biodiversity Conservation Act 1999,
Australian Government, Department of the Environment and Water Resources,
Canberra.
Gale, F. (2007), ‘Good environmental governance and Tasmania’s Tamar Valley
pulp mill: a comparison of the APDC and PMAA processes’, School of
Government, University of Tasmania, August.
Gibson, K. and O’Donovan, G. (2007), ‘Corporate governance and environmental
reporting: an Australian study’, Corporate Governance: An International Review,
15 (5), September, 944–56.
Gunns Ltd (2006), Bell Bay Pulp Mill Integrated Impact Statement, Gunns
Limited, 14 July.
Gunns Ltd (2007), Gunns Corporate, available at: www.gunns.com.au/corporate/
profile.html (accessed 17 October 2007).
Gunns Ltd (2008a), available at: www.gunnspulpmill.com.au/faqs.html (accessed
24 January 2008).
Gunns Ltd (2008b), ‘Proposed Pulp Mill on the Tamar River – the issues dis-
cussed’, available at: www.tamarpulpmill.info (accessed 18 January 2008).
Hansard (2007), House of Assembly, Tasmania, Hansard, 30 August, 2.35 pm.
Jones, T. (2007), ‘Greens leader discusses Tas pulp mill’, available at: www.abc.
net.au/lateline/content/2007/s2019051.htm (accessed 15 December 2007).
Legal (2007), ‘Gunns case against Hobart doctor struck out’, available at: www.
gunns20.org/node/132 (accessed 15 January 2008).
LTV (Launceston Tamar Valley) (2007), Sensational Launceston Tamar Valley,
available at: www.ltvtasmania.com.au (accessed 17 December 2007).
Lyons, J. (2007), ‘Apple Isle’s core dilemma’, The Weekend Australian, 15–16
September, p. 26.
Pulp, politics, process and pollution: Gunns Ltd and the Tamar Valley pulp mill 173
INTRODUCTION
In recent years, academics have devoted greater attention to the strategic
implications of corporate social responsibility (henceforth, CSR). The
term ‘strategic CSR’ was coined by Baron (2001). Following McWilliams
and Siegel (2001, p. 117), CSR is defined as instances where firms go
beyond compliance and engage in ‘actions that appear to further some
social good, beyond the interests of the firm and that which is required by
law’. For example, an automobile manufacturer could produce ‘hybrid’
vehicles, which significantly exceed government fuel efficiency require-
ments. In a similar vein, a savings and loan association is said to be
socially responsible when it approves a higher proportion of loans to poor
or minority borrowers than required by the Community Reinvestment
Act, which governs the lending practices of these institutions (Siegel and
Vitaliano, 2007).
Other examples of the strategic use of CSR include incorporating social
characteristics or features into products and manufacturing processes
(for example, aerosol products with no fluorocarbons or using environ-
mentally friendly technologies), adopting progressive human resource
management practices (for example, promoting employee empowerment)
to recruit and retain employees, achieving higher levels of environmental
performance through recycling and pollution abatement (for example,
adopting an aggressive stance towards reducing emissions), and advancing
the goals of community organizations (for example, working closely with
groups such as United Way).
This chapter presents a case study of the strategic use of CSR by
the gambling industry. Specifically, we describe the birth and evolution
of the American Gaming Association (AGA) and its role in the creation
177
178 Corporate social responsibility
SYNOPSIS
I just met with the Pasta guys, who are always working to be sure the Federal
Government doesn’t screw them. Meanwhile, here you guys are putting mil-
lions of dollars into the ground and you have no representation in Washington.
(Contreras, 2007)
For two years the AGA, along with other industry representatives and
stakeholders, intently followed the actions of the Study Commission.
They also continued to produce exceptional educational materials that
were passed along to the body, which was lacking in data and informa-
tion about most industry segments. The final report ultimately made few
compelling recommendations and was considered politically neutral for
the AGA’s membership. Given the make-up of the Study Commission,
which included a number of industry opponents, this neutral report was
a major relief for the AGA and its membership. In addition, the Study
Commission’s analysis of the gambling products on their own terms (and
in relationship to each other) benefited the commercial casino industry
since it highlighted their employment benefits, the role of unions, and the
heavy regulation of its businesses. In fact, Study Commission members
formally commended the gaming industry for being the largest supporter
of research on gaming through the NCRG.
Fahrenkopf’s reaction to the report reflected this insight: ‘While this
report is not without its faults, it definitely draws a favorable distinction
between commercial casinos and other segments of the gaming industry’.3
Within a few years, the AGA had already made important progress in
educating policy makers about the gaming industry.
EARLY RESEARCH
As the debate for the Gambling Study Commission was taking place, the
AGA was already commissioning research into problem and pathological
gambling’s parameters and prevalence. There were very few scientists who
could produce this kind of work, but the AGA was confident they found
the right person in Dr Howard Shaffer. In the early 1990s Phil Satre,
then CEO of Harrah’s Entertainment Corporation (HEC), was invited
to Harvard University to present on a panel addressing youth problems.
The conference was organized by Shaffer in the Division on Addictions at
Harvard Medical School. After that event, Satre contacted Fahrenkopf to
tell him about the conference and about Shaffer’s work. After that conver-
sation, Fahrenkopf was attending a meeting of the National Association
of State Attorneys General in St. Louis and Satre arranged for Shaffer and
Fahrenkopf to meet for breakfast at the St. Louis Hyatt.
Fahrenkopf asked Shaffer if he would be interested in creating a research
agenda to investigate the prevalence of problem and pathological gam-
bling in the United States. Shaffer had some initial fears that the industry
might try to use him, or that he would be perceived as an apologist for the
industry. Fahrenkopf had his own fears: that problem and pathological
American Gaming Association and the National Center for Responsible Gaming 183
When the state of Missouri first approved gambling, the Port Authority
of Great Kansas City signed a development agreement with the casino
companies to earmark funds to go toward the study, prevention and
treatment of problem and pathological gambling. Early industry con-
tributors included Boyd Gaming, Grand Casinos, Station Casinos, and
Hilton. These four companies, through compliance with this develop-
ment agreement, provided seed money to form the NCRG. Other major
gaming entertainment companies such as MGM Grand, Mirage, Harrah’s
and International Game Technology followed with multi-year gifts that
enabled the NCRG to jumpstart the first scientific research grants program
in the US dedicated exclusively to supporting high quality research on
gambling disorders and youth gambling.
In 1997, Shaffer and his team received the first grant distributed
by the NCRG and produced what is considered to be the definitive
study of problem and pathological gambling prevalence, ‘Estimating the
Prevalence of Disordered Gambling Behavior in the United States and
Canada: A Meta-analysis’.
After three years in Missouri, the NCRG awarded a $2.4 million grant
to Harvard Medical School’s Division on Addictions to establish the
Institute for Research on Pathological Gambling and Related Disorders,
which then assumed responsibility for the grant-making oversight and
also supported the groundbreaking research led by Shaffer and his col-
leagues. Now an affiliated charity of the AGA, the NCRG raises money
for research and conducts educational programs for gaming employees,
healthcare providers and the public. According to Fahrenkopf, ‘the
NCRG has grown like top seed since then’ (Contreras, 2007).
Judy Patterson was one of the primary architects of the NCRG, along
184 Corporate social responsibility
with Christine Reilly, the first executive director of NCRG, and Howard
Shaffer. On the industry side, Tom Brosig of Grand Casinos was heavily
involved in the early days, while Phil Satre of Harrah’s and Bill Boyd of
Boyd Gaming have been involved with NCRG’s executive leadership and
have financially supported the Center since its inception. When industry
leaders like Satre and Boyd ‘stepped up to the plate’ the rest of the industry
followed.
The NCRG remains the only national organization exclusively devoted
to the funding of peer-reviewed research on disordered gambling and to
educating the public about responsible gaming. The NCRG’s mission is to
support peer-reviewed, scientific research into pathological gambling and
to provide scientifically-based responsible gaming education and aware-
ness programs to casino communities nationwide. The NCRG has been
an amazing success, investing $22 million in more than 40 peer-reviewed
research investigations at 31 leading research institutions in the United
States, Canada and Europe. Because gambling studies is still an emerging
field, no other organization, including the National Institutes of Health
(NIH), has funded as many individual research projects as the NCRG.
NCRG-funded research has always required rigorous, peer-reviewed
scientific standards analogous to those required by the NIH. NCRG-
funded studies have been published in more that 150 highly competi-
tive, peer-reviewed scientific journals, and the NCRG has supported
more than 30 research projects at institutions including Yale University,
Boston University Medical School, Harvard University, Johns Hopkins
University and McGill University in Canada.
Our industry is different because it is a privilege not a right. Because of this rela-
tionship, the government has leverage over us and can require certain conces-
sions. For example, when a German car company announces that it will open
a plant in the United States, the states go crazy competing for it. When BMW
came to South Carolina, the state gave them land, tax benefits and other perks
in order to attract them. When a community hosts a casino, that business pays
higher taxes than other business and generally creates all of its own infrastruc-
ture, with no perks. (Contreras, 2007)
I was watching 20/20 back in the late 1990s and just about had a heart attack.
The reporters took cameras to Atlantic City at 1:00–2:00 in the morning and
were going through the lobbies of some of the hotels. There were little children
asleep on the couches in the lobbies while their parents were off gambling. I
immediately contacted Judy [Patterson] and we sat down to brainstorm about
a solution to this issue. We reached out to John Walsh and the Center for
Missing and Exploited Children in order to determine the best course of action.
When we met with Ernie Allen, we jointly developed a code of conduct for
handling children, including what security should do. We are very pleased that
we now have that adopted [by the AGA membership]. Interestingly, when the
Mashantucket Pequot Tribe opened their casino and hotel, they built a child-
care center with licensed childcare workers to care for the children. However,
they were severely criticized for doing so. So you are damned if you do and
damned if you don’t. (Contreras, 2007)
More than a decade later, Fahrenkopf is still at the helm of the AGA.
He is justifiably proud of the commercial casino industry’s willingness to
uncover the truth about their impacts (both good and bad) on communi-
ties and individuals. While Fahrenkopf admits that some of the research
topics ‘are not an easy sell’ to his members he continues to be proud of the
gaming executives he represents for supporting the NCRG no matter what
the research reveals:
I never wanted the gambling executives to end up in Congress like the heads
of the tobacco industry. That famous picture presented an image of something
we just couldn’t do. I’m proud of what this industry has done in 10 years. They
have been good corporate citizens and with the research from NCRG they have
always let the chips fall where they may. (Contreras, 2007)
There are several lessons to be learned from this case. The first is that
CSR is not just a firm-level phenomenon, especially when an industry is
highly regulated, such as the gaming industry. In this instance, it was sensi-
ble for CSR to be a collective effort, that is, having an industry association
take the lead on promoting ‘socially responsible’ gaming, while doing the
hard work of investigating the scope and nature of the industry’s potential
externalities.
This raises the question of the relationship between CSR and corporate
citizenship, which is a second lesson to be gleaned from this case. It is clear
that the gaming industry was conscious of its role as a corporate citizen.
The term ‘citizenship’ itself invites a different type of ethical justifica-
tion than the term social responsibility invokes. Citizens are members of
society who have rights, benefits and responsibilities. They are expected to
abide by society’s laws and norms, and may incur penalties for violating
those laws and norms. At an individual level, good citizenship denotes the
assumption of non-mandated responsibilities to advance the welfare of
society. These distinctions can be mapped onto the concept of corporate
citizenship.
In contrast, firms are legal entities, which can be regarded as ‘citizens’,
to the extent that society grants them rights and privileges. In exchange
for the benefits of citizenship, corporations must abide by society’s laws
and norms. However, good corporate citizenship also requires that firms
affirmatively exercise additional responsibilities to society. CSR, on the
other hand, typically does not denote such a broad or inclusive com-
mitment. Corporations can be ‘socially responsible’ merely by satisfying
certain stakeholder demands, but in this context, the industry was seeking
to appeal to a broader constituency.
188 Corporate social responsibility
DISCUSSION QUESTIONS
NOTES
1. NCRG was initially organized as the ‘Gaming Entertainment Research and Education
Foundation’ with NCRG as a part of its activities. The Foundation subsequently
changed its name to NCRG.
2. Press Release, American Gaming Association, ‘Fahrenkopf to Head New Gaming
Association’, May 10, 1995.
3. ‘PANEL RECOMMENDS A FREEZE ON NEW FORMS OF GAMBLING’, St.
Louis Post-Dispatch (Missouri), June 19, 1999, p. 13.
REFERENCES
Baron, David (2001), ‘Private politics, corporate social responsibility and inte-
grated strategy’, Journal of Economics and Management Strategy, 10, 7−45.
Contreras, Kate Spilde (2007), Personal communication/interview with Frank
Fahrenkopf, AGA Offices, Washington, DC, 9 February.
American Gaming Association and the National Center for Responsible Gaming 189
The American Gaming Association (AGA) and its members pledge to our
employees and patrons to make responsible gaming an integral part of
our daily operations across the United States. This pledge encompasses all
aspects of our business, from employee assistance and training to alcohol
service, advertising and marketing. This Code also covers the commitment
of our members to continue support for research initiatives and public
awareness surrounding responsible gaming and underage gambling. The
following Code of Conduct details how we fulfill this pledge.
● Casino-issued markers.
● Player club/card privileges.
● On-site check-cashing.
To advertise responsibly
This Code applies to the advertising and marketing of casino gaming by
AGA member companies. It does not pertain to advertising and market-
ing that is primarily of hotels, restaurants and entertainment that are
often associated with or operated or promoted by casinos. For the pur-
poses of this code, advertising and marketing include radio and television
ads broadcast off the premises, print, direct mail, billboard and Internet
promotions.
● One year following the adoption of this Code of Conduct each AGA
member company will implement the Code and begin conducting
annual reviews of its compliance with this Code. 2
** All aspects of AGA’s Code of Conduct are subject to local, state and federal laws. **
9. Accounting disclosure and human
rights in the oil industry
Matthias Beck and Steven Toms
OVERVIEW
BACKGROUND
The past decades have seen a massive rise in the extent to which companies
report on environmental, social and political issues (Toms, 2000, 2002). At
the same time the oil industry has been characterised by significant social
responsibility failures (Woolfson and Beck, 2005a). Although there is no
194
Accounting disclosure and human rights in the oil industry 195
High
Understanding
Quadrant 2 Quadrant 1
Incremental Large
Change Change
Quadrant 4
Low
Understanding
information; (2) decisions that effect small change and are guided by high
understanding; (3) decisions that effect small changes and are guided
by low levels of understanding; and lastly, (4) decisions that effect large
change but are guided by little understanding and hence give rise to blind
or unpredictable resolutions. According to Braybrooke and Lindblom,
type 1 decisions are relatively rare in the normal course of organisational
activity and involve elements of revolutionary and utopion decision
making. Similarly, type 4 decisions are extraordinary in the sense of being
characteristic of wars or crises. By contrast, type 3 decisions which effect
‘small and incremental change and not guided by a high level of under-
standing’ are typical of the ‘day by day’ decision making of politicians
and/or corporate decision makers (p. 78). Specifically, Braybrooke and
Lindblom (1963) state:
These decisions, we now see, are the decisions typical of ordinary political life –
even if they rarely solve problems but merely stave them off or nibble at them,
often making headway but sometime retrogressing. Decisions like these are
made day by day in ordinary political circumstances by congressmen, execu-
tives, administrators, and party leaders. (p. 71)
1b. Selection of value goals and empirical analysis of the needed action are not
distinct from one another but are closely intertwined.
2b. Since means and ends are not distinct, means–end analysis is often inap-
propriate and limited.
3b. The test of a ‘good’ policy is typically that various actors find themselves
directly agreeing on a policy (without their agreeing that it is the appropri-
ate means to an agreed objective).
4b. Analysis is drastically limited:
i) Important possible outcomes are neglected.
ii) Important alternative potential policies are neglected.
iii) Important affected values are neglected.
5b. A succession of comparisons greatly reduces or eliminates reliance on
theory.
[Note: bs are in the original]
METHODOLOGY
The sample of this study comprises 38 companies from the global oil
and gas industries, respectively. The dataset is based on year 2000 and
the sample of oil and gas production companies was obtained from a
population of 1,841 oil and gas production companies (as listed on the
Wood Mackenzie database). Once firms which did not have stock market
quotations or had missing data were eliminated, this left a sample of 38
companies. Generally speaking, excluded companies were smaller and less
multinational in scope, which also reduces their potential relevance to the
study. The information available for the remaining companies allowed the
quantification of the number of countries where a company has oil and gas
reserves and the commercial value of these reserves.
Variables
The following analysis is based on CSD and other company data for all of
these 38 oil and gas companies. For the purpose of this analysis, CSD data
202 Corporate social responsibility
ANALYSIS
Based on the previous country list a total of 26 companies could be identi-
fied as having operated in one or several of the countries identified as being
areas of human rights abuse, while 12 companies had not been involved
in any of the listed countries. The average sales revenue of companies
operating in areas of human rights abuse vastly exceeded that of the ‘non-
involved’ companies (see Figure 9.2).
This pattern was mirrored by Figure 9.3 which showed average sales
volumes to rise for companies which were involved in additional countries
which had been identified as areas of human rights abuse.
This result is not surprising, since we would expect larger companies to
be more willing to risk involvement in such countries on account of such
factors as potential political instability, risk of civil unrest or expropria-
tion and/or their lesser vulnerability to adverse media reactions. Also, it is
notable that the study sample includes a number of small companies which
continue to limit, or had at the time, limited themselves to domestic opera-
tions. This includes a small number of Canadian, Australian and New
Zealand companies which were involved solely in domestic oil and gas
production. One exception to this was the Venezuelan state oil company
PDVSA which, although having a sales volume of 53,234 million US
dollars, was not involved in any activities outside Venezuela.
In order to facilitate the successive analysis of CSD data, these
35,000,000
29,680,397
30,000,000
25,000,000
20,000,000
15,000,000
10,000,000
6,421,339
5,000,000
0
Not involved Involved
140,000,000
121,256,253 119,511,000
120,000,000
100,000,000
82,866,500
80,000,000
60,000,000
40,000,000 34,343,027
28,378,000
21,814,805
20,000,000
6,421,339 4,116,575 2,970,397
0
None 1 2 3 4 5 6 7 8
70,000,000
59,886,915
60,000,000
50,000,000
40,000,000
30,000,000
20,000,000
10,000,000 6,421,339
3,789,096
0
None 1–2 3+
70,000,000
59,886,915
60,000,000
50,000,000
40,000,000
30,000,000
20,000,000
10,000,000
2,165,643 3,789,096
0
None 1–2 3+
160
no ctry
139
140 1–2 ctries
3+ ctries
120
100
80 70
59 60
60
40 30
19 21 23 19
17 16 16
20 10
4 5 7 4
2
0
sum env com emph empo gen
(employee welfare and health) were added together for this group, this still
amounted to far less disclosure than the CSD for employee welfare of the
‘non-involved’ group alone. Lastly for the ‘major-involved’ (3+ countries
listed as human rights abusers) ‘environmental’ CSD accounted for almost
half of total reporting, followed by the ‘other employee welfare’, ‘general’,
‘community’ and ‘employee health’ subcategories.
Taken together, this analysis suggests that companies which operate
in several (3+) countries which are listed as suffering from human rights
abuse, gear their CSD towards an emphasis of broad social issues such as
environmental responsibility and general statements of objectives towards
societies and communities. At the same time, their CSD places compara-
tively less emphasis on more tangible issues such as employee welfare and
to some degree employee health (see comparison with 1–2 group).
While this finding is, needless to say, open to different interpretations,
there is a strong possibility that these differences in CSD mirror a process of
‘restrictive adaption’ to achievable goals and ‘relevant’ demands, and of a
‘successive limited comparison’ of achievable policy goals. This is evidenced
in particular by the focus of involved companies on broad environmental,
social and general aspects of CSD and, perhaps even more so, the discern-
ibly narrower focus of non-involved companies on employee welfare.
CASE STUDIES
(a) Companies which are not involved in areas of severe human rights abuse
general
6%
env
32%
empo
52% com
7%
emph
3%
(b) Companies which are involved in one or two countries where there is
(b) severe human rights abuse
general
16%
env
36%
empo
27%
com
emph 9%
12%
(c) Companies which are involved in three or more countries where there
(c) is severe human rights abuse
general
13%
empo
16% env
48%
emph
11%
com
12%
areas of human rights abuse have approached their CSD reporting. These
companies are Forest Oil which predominantly operates6 in the US and
Canada and Santos Oil which operates in several Australasian countries.
Forest Oil is a US oil company with total sales of 913 million US dollars
in 2000 (the year for which the disclosure data was collected), which
has focused its business on building reserves in the US and expanding
in Canada. Following an expansion business operation in the southern
US and the Gulf of Mexico, the company acquired large Canadian hold-
ings in the mid-1990s. Partially due to its extensive reserves in Canada,
the company had, by 2000, not acquired operations outside the US and
Canada and its business continues to focus on these areas. The annual
report of Forest for the year 2000 shows a strong emphasis on local
charitable engagements and employee welfare with a lesser focus on
environmental issues.7 Interestingly there are extensive references to the
company’s charitable activities and involvements, with a particular focus
on employee activities:
Forest Oil Corporation has a long history of actively supporting our associates in
their chosen community causes and volunteerism. With the improved econom-
ics in our business, and the nation’s improved economic outlook, we believe it is
more important than ever to lend assistance to those in need . . . . For the third
consecutive year our employees availed themselves of a company-sponsored
workday to participate in Habitat for Humanity’s homebuilding project in the
Denver area . . . . Employee volunteers comprise our corporate contributions
committee so that Forest Oil’s charitable grants are directed primarily to those
organizations where our employees devote their time and resources. In 2000,
these included our annual Christmas Project in which Forest Denver employees
adopted an inner city family of seven through the Bridge Project and a Russian
immigrant family of eight through Ecumenical Refugee Services . . . . Among
other employee-sponsored outreach efforts were: homeless shelters; food banks;
cancer, AIDS and hospice agencies; senior citizens and disabled outreach; events
supporting Special Olympics, Shriners and the Salvation Army; and animal
shelters and humane societies in Colorado. (Annual Report, 2000, p. 26)
Proactive citizenship is woven through the fabric of Forest Oil at all levels.
From our activities in remote locations around the world to the communities
where we live and work, we do not waver in our focus on safety and responsi-
bility. We are dedicated to the protection of the environment and are striving
to increase America’s supply of clean-burning natural gas while minimizing the
impact of our operation and even improving the lands upon which we work.
Accounting disclosure and human rights in the oil industry 209
Santos investigates and reports all accidents, near misses and hazards. The
measure of safety performance used is the Total Recordable Case Frequency
rate (TRCF) which is defined as the number of Recordable Cases (Medical
Treatment and Lost Time Injuries) per million hours worked by Santos
employees and contractors. . . . The Company strives for the highest standard
of occupational health and safety (OH&S) and is fully committed to a work
environment free of injuries. . . . Of particular emphasis for safety programs has
been the intent that contractor safety performance should match that of Santos’
employees. Many contractors now achieve safety performance matching that of
Santos employees. (Annual Report, 2000, p. 22)
However, this positive aspect of this part of the report must be weighted
against the relatively vague statements regarding the safety performance
of subcontractors. Previous analysis of health and safety in oil opera-
tions have highlighted that subcontracting is often the source of major
safety failures (Woolfson et al., 1996) and it is obvious that these prob-
lems could have been particularly pressing in the areas in which Santos
operated.
With regard to the bulk of Santos’s CSD, this focuses predictably on
statements with regard to the company’s commitment to environmental
protection, which emphasise the company’s organisational arrangements,
policies and procedures rather than specific targets:
The company has a long history of conducting its activities in a way that
avoids and minimises potential impacts on the environment. Santos’ first envi-
ronmental professional was employed in 1980. Since that time, the Company
has established a core team of dedicated environmental advisors as well as
incorporating environment into the line management function. As with safety,
the environment is everyone’s responsibility – be they employee or contractor,
operator or manager . . . . Santos has achieved high standards of environmental
performance – illustrated by the many awards it has received. Relationships
with regulatory bodies are robust and positive and focussed on an evolving
process of co-regulation . . . . During 2000 Santos was not fined or prosecuted,
nor did it receive any notices of non-compliance. This process of continual
improvement underlies the Santos Environmental Management System, which
in itself is subject to constant evolution, amendment and change – reflecting
both external and in-company changes over time. . . . Management of environ-
mental risk is managed through: comprehensive environmental management
systems; environmental committees at Board and management levels; the reten-
tion of specialist environmental staff and advisers; regular internal and external
environmental audits; and imposing environmental care as a line management
responsibility. (Annual Report, 2000 p. 22)
Overall, Santos’s annual report for the year 2000 lends strong support
to the previously discussed hypothesis that companies with involvement
in areas of human rights abuse tend to emphasise less auditable areas of
corporate activity in their CSD. As a company operating in Indonesia
at the time and operating in conjunction with Indonesian subcontrac-
tors, it can be assumed that the company faced significant issues in
relation to employee welfare and community relations. However, its
CSD places a strong emphasis on the company’s adoption of an envi-
ronmental management system, which, in terms of incremental decision
making, can be considered as an incidence of restrictive goal selec-
tion where achievable policy goals are given priority over potentially
more pressing issues, which might be more difficult and more resource
consuming to address.
Accounting disclosure and human rights in the oil industry 211
CONCLUSION
1. This chapter started out by noting that the oil industry is characterised
by significant CSR challenges which partially arise from the fact that
these companies operate in regions where severe human rights abuses
take place.
2. This chapter contrasted alternative views of CSR which we described
as being associated with a benign or a malign view of the corporation.
The benign view assumes that companies engage in CSD because they
follow a genuine ethical code. The malign view assumes that compa-
nies are basically unethical and engage in CSD only when it benefits
their bottom line.
3. In expanding the malign view, we argued that the behaviour of some
companies was characterised by a form of ‘malign incrementalism’
where they chose their interventions by adapting to external demands
in a minimalist fashion without engaging in genuine reform.
4. In order to test the hypothesis that CSD followed a pattern of ‘malign
incrementalism’ we stated that we would expect companies which
operated in regions which were characterised by severe human rights
abuses to be less specific in their CSD than companies that did not.
5. This comparison showed that companies which operated in three or
more countries of severe human rights abuse geared a proportionately
greater part of their CSD towards an emphasis on broad social issues
Accounting disclosure and human rights in the oil industry 213
DISCUSSION QUESTIONS
NOTES
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Accounting disclosure and human rights in the oil industry 215
INTRODUCTION
216
Does the adoption of codes of conduct marginalize labor unions? 217
Role of Unions
Despite wide variations in industrial relations systems across the world, the
underlying functions of unions, wherever they exist, are the same. First,
unions are needed to rebalance the power in relation to employers or even
tilt it in favor of the workers. Second, workers need protection from poor
management and the ability to voice their true preferences without the fear
of being fired. These two basic functions have been referred to, respectively,
as the ‘monopoly face’ and the ‘collective voice face’ of unions (Freeman
and Medoff, 1984). In the former, unions are basically viewed as rent
extractors whereas in the latter they are regarded as rent creators (Aidt and
Sena, 2005).2 Although some economists still view unions mainly as rent
extractors, that is, institutions using their monopoly power to raise wages
over competitive levels, there is increasing consensus in the literature that
rent creation, that is, seeking wage increases through contributing to higher
productivity and efficiency, is more likely than rent extraction in competi-
tive markets and in cooperative industrial relations climates (Freeman and
Medoff, 1984; Aidt and Sena, 2005). Unions may also have a positive
effect on labor productivity by raising wages and obliging the firm to intro-
duce productivity-enhancing technology (Singh and Zammit, 2004). Others
suggest that the costs and benefits of unions and collective bargaining
depend largely upon the economic, institutional and political environment
in which unions and employers interact (Aidt and Tzannatos, 2002).
218 Corporate social responsibility
regulations do not exist, efforts should focus on putting the proper regulatory
or legislative framework in place in order to define a level playing field on the
basis of which socially responsible practices can be developed.
These criteria seem difficult to meet, especially if the CoC address indi-
vidual businesses without the involvement of organized workers. A review
of CoC implementations reveals that the inadequacy of most initiatives
is manifested in the absence of disclosure of supplier locations, failure to
embrace all core ILO conventions, weak implementation mechanisms,
Does the adoption of codes of conduct marginalize labor unions? 221
The textile and garment sector has been the driving force of the Turkish
economy since the 1980s largely due to the lower cost of production
factors7 and proximity to the European Union (EU) market. As of 2005,
Turkey was the fourth-largest garment exporter in the world with a 3.3
percent market share. Some 70 percent of all garment exports from Turkey
are to the EU; Germany is the biggest importer, accounting for approxi-
mately 30 percent of all garment exports from Turkey to the EU (Aras,
2006).
Due to its importance with respect to export capacity and employment,
the sector has been generously supported by successive governments over
226 Corporate social responsibility
Uncertainty Avoidance
Power Distance Cultural Context
Paternalism
Compromising
Organizational
Avoiding
Strategies Context
Manipulating
Lack of Legitimacy
Private Regulation
Poor Oversight
Through CoC
Low Accountability
the years; for example, in 2004 the sector received 60 percent of all indus-
trial investment subsidies. Investment and export subsidies, until they were
eliminated in 1989, and the informality in the sector suppressed competitive
dynamics. Recently, increased competition, removal of quotas maintained
under the World Trade Organization (WTO), erosion of cost advantages
by high taxes and unfavorable exchange rate regimes created bottlenecks.
Meanwhile the unit costs have been decreasing in China, India, Indonesia
and Morocco. This trend has forced owners to move production facilities
out of the main urban centers, and to employ agricultural workers with
little or no experience in the industry. Although recently producers have
been focusing on sector-wide differentiation strategies led by employers’
organizations, many companies in the sector still choose to subcontract to
the informal sector to maintain cost advantages.
Labor accounts for 20 percent of the input costs in the garment sector.8
The sector is the largest employer in Turkey, employing 11 percent of all
the registered and 20 percent of the unregistered workers. Taymaz and
Ozler (2005) point out that effective application of the acquis commun-
autaire by extending the coverage to informal sectors is likely to elimi-
nate some firms and lead to a painful adjustment process in the medium
term, although the long-run effect is likely to be positive for productivity,
growth and employment.
Does the adoption of codes of conduct marginalize labor unions? 227
Description Statistic
Share of GDP 10.7 %
Share of industrial production 20 %
Share of manufacturing labor force 24–28 %
Share of industrial exports 18.9 %
Export unit price increase (07/06) in USD 2.6 to 6.20
Share of world trade 5%
Ranking in apparel suppliers in the world 4
Share of Germany in exports 26%
Number of companies 22.000
Number of exporters 8,000
Number of registered workers 792,000
Number of unregistered workers (est.) 2,400,000
Number of collective bargaining agr. 12
Export value in 2007 to the EU (in USD) 12,774,938,000
% change (07/06) in exports to the EU 17%
% increase (07/06) in total exports 14.8%
% change (07/06) in exports to OECD –12% (primarily Canada,
USA)
% workers under collective agr. (est.) 1
Source: Own compilation from ITKIB, Jo-In, TEKSIF and TEKSTIL-IS reports.
this number is grossly misleading since it accounts for only 792,000 reg-
istered workers.10 Moreover, the reported membership is inflated by the
government because of political reasons, and by the unions themselves
who need to have organized 10 percent of the sector. The estimated number
of unregistered workers, including children and illegal immigrants, in the
sector is between 2 and 2.4 million (Jo-In Briefing Paper No. 2, 2005). If
this estimate is realistic, union density in the sector is less than 4 percent.
The percentage of unionized workers covered by a collective bargaining
agreement is somewhat lower, possibly around 1 percent, since only those
three unions that can claim to represent at least 10 percent of the registered
workers are eligible for negotiations. Most of the collective bargaining
agreements are signed in the textile sector and the number of collective
bargaining agreements in effect in the garment sector is estimated to be
only 12. A selection of descriptive statistics about the sector is provided in
Table 10.1.
As stated above, historically freedom of association and collective bar-
gaining rights in Turkey have been subject to legal and practical restric-
tions.11 Current labor regulations do not allow for spontaneous industrial
Does the adoption of codes of conduct marginalize labor unions? 229
The history of the Round Table goes back to 2001 when a Round Table
was set up in Germany by private companies, industrial federations, trade
unions, NGOs and German ministries with the objective of developing
an understanding of ‘how social standards can be introduced efficiently
and transparently with the participation of all concerned’.12 The German
Round Table led to a partnership between the German Federal Ministry for
Economic Cooperation and Development (BMZ) and the Foreign Trade
Association (FTA) of the German Retail Trade (AVE) aimed at improv-
ing social standards adopted by foreign suppliers to German industries
in 11 countries including Turkey. The initiative had two implementation
230 Corporate social responsibility
tracks, (i) developing a CoC which was to follow independent audits of the
suppliers in order to identify the issues and (ii) the setting up of national
Round Tables with the objective of implementation of social standards at
the institutional and political levels.
With regard to the first track, the initial efforts of the German
Round Table and the AVE were later channeled to the Business Social
Compliance Initiative (BSCI) which was founded in 2003 by the FTA and
member companies. The BSCI was intended as a sector solution for retail
and was a response to previous failures of multi-stakeholder initiatives
involving unions and NGOs. The BSCI is open only to corporations, but
the unions and NGOs are invited to participate in an Advisory Council.
The BSCI launched its code, which is inspired by the ILO’s core labor
standards and the SA 8000 standards, in November 2004. Following the
foundation of the BSCI, the suppliers of member firms were informed
of the initiative and were requested to respond to a questionnaire relat-
ing to the current status in their factories. Later, audits were conducted
to verify the responses. Those suppliers who did not satisfy the German
retailers were ‘engaged’ in a dialog and offered support for corrective
actions.13
With regard to the second track, the GTZ initiated and provided opera-
tional finance for the National Round Tables.14 National Round Tables
are designed as multi-stakeholder forums whereby government representa-
tives, labor unions, employer and exporters’ unions and other relevant
NGOs are invited as members. The objective of the National Round Table
is to provide institutional support to the implementation of CoC. More
than 60 Round Table meetings were held in 11 countries by the end of
2006.
With its long experience of working in Turkey, the GTZ was able to initiate
the Turkish Round Table with participation from the government, workers
and employers’ unions, the union of exporters and sector organizations.
Throughout the first two years, the GTZ led, organizing the Round Table
meetings. At the end of the second year, the GTZ asked the members to take
over the ownership of the Round Table. Lacking mutual trust, members
invited two university professors, one perceived to be closer to business
circles, the other to the unions, to be the moderators.15 After the third year
with support from the GTZ and the moderators, the members finally took
over the complete organization. The list of members is given in Appendix
10A1.
Does the adoption of codes of conduct marginalize labor unions? 231
Note: * B: Code imposed by the buyer/buyers; O: Code developed by the firm itself.
What was the reason why the workers could not or did not use their right
to organize and the right to collective bargaining if these rights were fully
protected via CoC in the majority of suppliers? We applied our analytical
framework in order to understand the effect of codes on workplace stand-
ards related to worker representation and specifically unionization.
We participate in the meetings because we personally want to, but we have dif-
ficulty in putting the social standards on the agenda of our boards. They are
struggling with much more compelling issues. Therefore the results or decisions
of the Round Table are not communicated to our members. . . . Round Tables
helped to raise our awareness of social standards as individuals, but they had
no effect on our institutions. They didn’t have any effect at all on the producers
(suppliers) either. (ITKIB)
Does the adoption of codes of conduct marginalize labor unions? 233
Unionism in Turkey has not yet completed its formation. . . . They [unions] per-
ceive CSR as an alternative to unions and label CSR programs as acts of yellow
unionism. They can’t see the potential benefits of CSR for unions. On the other
hand, employers must understand that such programs cannot be successful
without unions. Unilateral initiatives destroy social peace and eventually fail.
(Government Officer, Ministry of Labor)
Unions’ requirements are much less sophisticated than the codes. Unions think
workers are only concerned about wages. A wrong assumption! I don’t believe
unions are concerned about workers’ rights. In fact, employer associations are
more active in promoting the codes than unions. (Manager of Delta)
were always very cautious when they spoke. There is no evidence of other
supportive or complementary efforts by the Turkish government to raise
the social standards at the workplace. Similarly we have not come across
any evidence that the civil society, NGOs or the media, have shown
any interest in the Round Table or CoC. This lack of key institutional
support can partially explain the inadequacy of CoC in promoting social
dialog.
The BSCI code has clear references to the ILO Core Conventions;
however, the monitoring and enforcement system seems to be less than
effective. Independent auditors were heavily criticized by the unions. For
example during the fifth meeting of the Round Table, a presentation on
the monitoring results of supplier firms provoked a heated discussion.
Union representatives voiced their doubts about the monitoring results
given that the results show no problems with respect to the freedom of
association when there is almost no such freedom (Minutes, December
9, 2004). A similar concern about the adequacy of monitoring was also
expressed in an interview with a TEKSTIL-IS union representative:
Buyer firms try to get away with minor touch ups in response to complaints
about a supplier’s social standards if that supplier is irreplaceable. However,
if the complaint is about a low-quality, high-price supplier with poor delivery
performance then they use the low social standards as a pretext for immediately
abolishing their contract. In addition, when we call the unit responsible for
CoC monitoring we get a delayed response. They stall for two weeks. None of
these people lift a finger before they call their bosses in the US. Those who are
diffusing CoC are not doing their job properly. For example, 12 people were
fired from a workplace because they became union members. We called the
office to let them know, but before they responded to us the number of those
who were fired increased to 35. During this time, the CoC office told us to write
a report in English. These people act just as buyers. If the product is good they
ignore the shortcomings [in social standards].
It was clear that despite the assumed merits of independent audits such
as objectivity, accumulation of expertise and focus, there are issues when
it comes to auditing the provisions related to freedom of association. The
BSCI’s project coordinator, who was invited to a Round Table meeting,
confirmed that the current audit system is ineffective in addressing viola-
tions of freedom of association (Minutes, March 16, 2007). Auditors who
have participated in Round Table meetings also noted that the competi-
tion between the auditors, cost concerns and lack of continuity limit the
quality of independent audits in general.
The ‘flexibility’ of the model which leaves it to the buyers to react in the
manner they see appropriate to failures of compliance with the code was
frequently criticized by employers associations as well:
Does the adoption of codes of conduct marginalize labor unions? 235
It was clear from our observations that the majority of supplier firms
which enter the social standards discourse enter it involuntarily, in
response to demands made by transnational buyers, and thereafter utilize
a variety of tactics to cushion themselves from what they saw as interven-
tions of monitoring agencies, buyers and unions. The cautious stance of
unions toward CoC coupled with their strategy of targeting supplier firms
with CoC increases the defensiveness of suppliers. Some suppliers com-
plain about the aggressive attempts to organize in their workplace. In one
instance, a number of supplier firms participating in the Joint Initiative on
Corporate Accountability and Workers’ Rights (Jo-In) project in Turkey,
provided escalating union pressure following a Jo-In meeting as the reason
for doubting the value of further participation in the project (Jo-In Interim
Report, May 2007). In fact, a number of managers reportedly stated that
they prefer to deal with unions through the legal system rather than to
bind themselves with CoC. In an interview with an owner–manager of a
supplier (Delta) which ‘successfully’ implemented CoC, we were told that
they were avoiding unions at all costs.
Suppliers argue that brands are not playing fair as they increasingly
demand lower prices and at the same time ask them to provide a living
wage to workers. These conflicting demands are especially hard to answer,
given the unfair competition from informal sector suppliers as well as sup-
pliers from lower-cost countries. Unofficial statistics suggest that unreg-
istered workers on average take home less than half the wage (including
benefits and bonuses but excluding overtime) of registered workers and
about one-third of the wage (including benefits and bonuses but excluding
236 Corporate social responsibility
I always tell the buyer firms not to give small orders. According to the
Association of Subcontractors, there are about 40–45 thousand ateliers. If each
employs 20 workers, it adds up to 800,000 workers. . . . It is very difficult to keep
track of restructuring going on in the sector. Every day we hear about factories
moving, companies closing and opening up somewhere else.
provisions such as that against using child labor were religiously complied
with.
Two major reasons were obvious in all interviews for employers’ avoid-
ance of unions: economic and cultural. Our interviews with employer
organizations focused on understanding the expected consequences result-
ing from the implementation of CoC, particularly relating to freedom of
association. We were given a uniform response: businesses were under a
lot of economic pressure which made it impossible to accept the additional
costs and complications that unions would bring:
The demands of the branded companies raised the cost of employment to a very
high level. The wage that was agreed in collective bargaining was 700–750 YTL.
The employer will not pay this legally. For many employers informality is the
only way. The factories are looking for illegal immigrants; you see a lot of ads
written in the Cyrillic alphabet. (Government Officer, Ministry of Labor)20
Having been forced to implement the CoC, the supplier firms had no
intention of pressurizing their own subcontractors to comply with even
the minimal legal requirements. Anecdotal evidence suggests that most
supplier firms outsource about 40 to 50 percent of their production at
various stages to substandard contractors. In some cases, subcontractors
are affiliated with the main supplier through common or related owner-
ship. It seems that structuring the business as a pyramid or network of
firms with varying degrees of legality under common or related ownership
is common. Such structuring allows the owners to spin off parts of the
‘proper’ business to less costly substandard operations:
Economic conditions are harsh, but they cannot be overcome by stealing from
workers’ human rights. The problem is the government. Employers turn to infor-
mality instead of pressurizing government for fair play. (Manager, Omega)
We started auditing our own subcontractors and demanding that they meet
certain standards. We will raise the bar slowly. (Manager, Beta)
The employers do not see the unions as stakeholders. Social dialog doesn’t
exist in the slightest sense. When there is no tradition of consensus building and
dialog, power struggle and demonstration of power shapes the nature of the
interaction between the parties. (TEKSIF)
Workers go to the branded companies when they have a problem with work-
place standards not to the unions. Unions have no power. Even they appeal
to the branded companies when they think their rights are not respected.
(Manager, Delta)
Does the adoption of codes of conduct marginalize labor unions? 241
As a strategy, trade unions focus their union drives on those firms with
CoC. They attempt to obtain lists of those firms adopting codes, assum-
ing that these firms have in principle accepted their workers’ freedom of
association. This strategy is criticized by employers who argue that unions
ignore millions of unregistered workers to focus on a smaller number who
are already much better off socially thanks to CoC:
Why don’t the trade unions focus on developing solutions for informal workers
if they represent the interests of the working class? For example, we cannot
officially employ home workers due to the safety criteria required by the codes.
They are, therefore, a part of the informal sector. They want to be close to
home, they want to have time for their children. We need to get women out of
their homes but also address their demands. Unions can come up with creative
solutions to overcome the obstacles. (President of TGSD)
To register a worker as a union member, the law requires that we need to write
his social security registration number as well as the registration number of his
workplace on his union card which should be approved by the notary. This
law is limiting. Of course, firms operating in the informal sector do not have
registration numbers just as their workers do not have social security numbers.
If we fill a union card for these workers and send it to the ministry they throw
this card into the garbage can instead of investigating the unregistered firm.
(Interview with TEKSTIL-IS representative)
On the other hand, unions’ strategy of organizing firms with CoC has
not worked so far:
In general our strategy has not been successful yet. In fact, it is harder to organ-
ize a firm with a CoC. Workers currently think only about economic terms . . .
In Turkey, workers’ rights and even human rights are issues that workers unfor-
tunately have not learned about and defended enough after the 1980s.
We need to bring them [employers and union leaders] together socially. If they
meet outside their formal roles, the employers may understand that the union
leaders of today are not the trouble makers of yesterday and accept engaging
with them.
My workers have everything they need. What else can unions give them, but
disruption of the harmony we have achieved in the workplace? The unions
always try to prove their power. For example, they instruct the workers not to
work overtime although the workers need the extra money. If my workers want
to be unionized I cannot stop them, but I don’t think they will. I give more to
my workers than any trade union ever achieved in a collective bargaining agree-
ment in this sector. (Owner, Delta)
from the local union and pressure from a number of branded compa-
nies, particularly Otto, to allow unionization activities. In response, the
management decided to allow the union to become involved:
We once again gathered the workers in the cafeteria. We explained that many
buyers see not having a union in the workplace as a deficiency and therefore we
will be unionized. (Manager, Beta)
If our workers need money, we lend them money or show them as laid off and
then re-employ them so that they can use their accumulated pension reserves
(severance pay) . . . They learned to eat less bread, and more vegetables. The
bread consumption has halved since we started. . . . If you treat your employees
as human beings, they give back loyalty and respect. (Owner, Delta)
If a boss does not give, then there would be a need for a third party. A couple
of years ago, we asked ourselves what more we can give to our workers. We
decided to give a bonus as a gift for those who get married and have children.
We pay an amount equal to the price of a wedding gown to those who get
married. This was an unheard of practice. (HR manager, Gamma)
The implementation of the CoC affected our culture considerably. The factory
is like a family. Friendships are very strong . . . The harmony and order at the
factory changed our family lives. We don’t fight with our spouses any more. We
learned how to negotiate without getting aggressive. (Worker, Gamma)
We can’t be against a workplace that fed us all these years. Organizing would
mean division. Workers in other workplaces don’t want to unionize out of fear
that they might get fired. In here we don’t want unionization because we have
what we need. There are workplaces where unions set up a protest over trivial
matters. In 1980 workers went on strike in a workplace because they wanted
chicken instead of turkey for meals. (Worker, Gamma)23
When an urgent order comes in, some employers tell workers to do overtime
regardless of the workers’ family circumstances. If it is a unionized place,
employers have to follow the law and ask the workers’ consent. We usually
negotiate with the employer to give a one-day advance warning of overtime.
This is not a power issue for us; it is simply a human rights issue. We appreciate
the employers’ need for flexibility. In fact, when the employer needs overtime
work and provides advance warning we make sure that workers understand the
need and help plan the shift. Employers see workers as machines. For example,
in [a non-unionized workplace] a woman was about to leave the plant at the end
of the day. The security guards asked her to get out of the bus and come back.
She told them she did not want to do overtime, but they forced her out of the
bus. She came back crying; she was supposed to pick up her daughter from a
bus stop on the way to their house. The manager sent someone to pick up her
daughter but she wasn’t there. Hours later a call came from another worker
from the service bus who had picked up her daughter from the bus stop. But all
this time she was worried sick about her daughter. These kinds of things happen
all the time. We tell workers that freedom from such pressures is a human right.
They just need to understand that only by organizing themselves can they have
a mechanism to make their voice heard and to uphold their rights as workers
and human beings. (TEKSTIL-IS representative)
Similarly, auditors taking part in a joint ILO and Jo-In workshop cited
cases where workers are relocated to jobs in poorer conditions when
they want to be unionized. There are also examples of groups of workers
being laid off as a result of becoming a union member (interview with
TEKSTIL-IS representative). These actions indicate that employers do
not hesitate to use severe and illegal tactics when workers are considered
Does the adoption of codes of conduct marginalize labor unions? 245
to be disloyal. Employers ask and expect full loyalty from their workers in
exchange for the privilege of a job. These behaviors and expectations are
typical of paternalistic systems where an authority figure supplies the needs
or regulates the conduct of those under its control. Workers fear that unions
would bring more trouble than gain in this setting. They cite rumors of plant
shutdowns or relocations as a result of unionization. Fear of reprisal by the
employer and loss of employment is commonly voiced by the workers.
Further Observations
We can now turn our backs on our employees without fear. We were initially
against the works councils, but we can’t think of doing without them anymore.
Our scrap levels went down drastically, productivity increased . . . . We use ‘fish
bone’ methodology to solve production problems . . . . Our workers designed
an original tool that completely eliminated the problems caused by the new
machinery we imported . . . . We know that education is investment. We organ-
ize training sessions during work hours on any subject that our workers are
interested in such as ‘bird flu’. We want them to be free of worries so that they
can focus on their work. (Manager, Gamma)
Now we produce 15,000 items in our factory. We started with 10,000. We owe
it to our workers’ dedication. (Manager, Delta)
Once we sat around the table, we had a very smooth collective bargaining process.
The only problem was that we wanted all the workers to benefit from collective
agreement, not only those who were members. At first, the union [was] opposed
to it, but our code prohibited us from discriminating workers on any basis.
Eventually we solved the problem by setting up a joint education fund, equal in
size to the amount of membership fees, for the benefit of union members . . . . I
think the union leaders are as concerned about the continuity of our business as
we are. When we need to work overtime, I just inform the union instead of talking
to every shift; they organize it for us. My job is much easier now. Of course the
threat from low-cost countries is always there, but it can’t justify human rights
violations . . . Our CoC changed our mentality. (Manager, Omega)
Unions are much more cooperative nowadays; leaders of past legacies are
finally retiring, being replaced by young leaders who believe in compromise.
Our boss says ‘the success of the union is my success’. (Manager, Beta)
developing countries, the effects of higher labor standards are easily exceeded
by the increase in productivity and competitiveness, as demonstrated in the
experience of Asian countries during the past 20 years. Although we do not
have any statistical evidence, our limited observations demonstrate that
all parties – government, workers and employers – seem to benefit from
an institutional dialog at the workplace. The Round Table can undertake
further research in analyzing the economic impact of unionization on the
firms and the competitiveness of the sector, disseminate case studies of suc-
cessful social dialog examples, facilitate management education, organize
panels, conferences, workshops, and most importantly engage the thought
leaders and decision makers of social parties in the debate.
Why do the employers of firms that have accepted that they will imple-
ment CoC fear unions if union presence is likely to be of benefit? The
answer may be found in the following words of a unionized worker:
We feel much more confident and strong now. We know that the union will
back us up if needed. We are not alone; we have a sounding board, we can
consult with our leaders. . . . We meet with representatives from other factories
in the union. We help each other to find solutions and learn from each other.
This is a completely different feeling of belonging.
At the core of the fear probably lies the potential role that unions can
play in representing the aggregate interests of workers at the national level
as an economic and political agent and redressing the power imbalance
between workers and corporations developed during the last 25 years
thanks to neo-liberal policies and stand-by agreements. Turkey’s economic
recovery and the prospects of EU accession more than justify a view of the
workplace as a key locus for a participatory form of democracy to evolve.
Even though imposing the adoption of a CoC upon the suppliers may be
considered as an act of social responsibility for the transnational buyers and
retailers, the suppliers in developing countries adopt CoC in response to
buyer pressure and as a matter of economic necessity for receiving orders.
These circumstances lead to (i) decoupled and unsustainable practices,
unless these improvements are protected by law and reinforced by legally
binding collective agreements, and (ii) unintended consequences such as a
push to formality and marginalization of unions – further weakening the
chances for sustainable improvements in social standards. The case study
demonstrates that the context in which business operates affects both the
business behavior and the society’s and government’s expectations from
Does the adoption of codes of conduct marginalize labor unions? 249
business, and provides lessons for pressure groups and transnational com-
panies for better understanding the key issues in implementing CoC in a
developing country context where the freedom of association is not fully
established and unions are already marginalized.
Key features are:
DISCUSSION QUESTIONS
The case study aims to provoke a discussion on the following key ques-
tion in addition to exploring the effect of CoC on the role of unions in
developing countries: under what conditions can voluntarism and non-
governmental (private) regulations work? More specifically:
NOTES
1. In this chapter, CoC are a set of standards concerning both labor practices and labor
relations. We exclude standards addressing other issues such as the environment,
250 Corporate social responsibility
consumer rights, product safety, corporate governance, and ethical business practices.
We also limit our scope to private codes and exclude the use of the term referring to
instruments of governmental or intergovernmental organizations. Our focus is on
CoC, adopted by companies which outsource internationally, and which are meant
to apply to companies’ suppliers and subcontractors regardless of their physical
location.
2. Research indicates, however, that the union wage premia are much smaller in the devel-
oping world, estimated to be around 5–10 percent (Singh and Zammit, 2004).
3. Historically, freedom of association was the medium through which organizations were
permitted to self-regulate. From this pluralistic perspective, collective bargaining is not
characterized as a manifestation of governmental regulation, but rather of employers
and workers to generate and enforce the norms which govern the workplace and even-
tually create the law applicable to them (Blackett, 2001).
4. Except for a few northern European countries such as Sweden, Finland, Belgium and
Denmark where a Ghent system (a union-managed unemployment scheme) is in place.
5. Working Today is an organization which was originally founded as a broadly based
membership organization representing workers, with a special focus on independent
workers. It has now evolved into an organization that is striving to fill the lack of rep-
resentation for professional and white-collar workers.
6. Core Conventions: freedom of association and collective bargaining, elimination of
forced labor and compulsory labor, elimination of discrimination in the workplace and
elimination of child labor. Engels (2000) reported that codes that refer to ILO conven-
tions were almost exclusively unilateral employer products.
7. Turkey is the world’s sixth largest and Europe’s largest cotton producer with approxi-
mately 4 percent of the world’s total cotton production. It has a comparative advantage
in natural and synthetic yarn production.
8. According to TISK statistics, 32.8 percent of the workers had 5, 16.6 percent had 8
and 19.3 percent had 11 years of formal education. Only 3.5 percent of the workforce
had higher education, and 24.3 percent of the workers had vocational training in high
school (TISK Publications, 2005).
9. TEKSIF, founded in 1962, is the Textile, Knitting and Clothing Industry Workers’
Union of Turkey and is affiliated with TURK-IS, the Confederation of Trade Unions of
Turkey. TEKSTIL-IS, founded in 1965, is the Textile Workers’ Union and is affiliated
with DISK, the Confederation of Progressive Trade Unions of Turkey. OZIPLIK-IS,
founded in 1978, is the Union of Textile, Thread, Knitwear and Garment Workers
of Turkey and is affiliated with HAK-IS, the Confederation of True Trade Unions of
Turkey. Only these three unions among others have the right to bargain on behalf of
their members because of the size of their membership in the sector.
10. Registered workers are included in the social security system and their employers are
obliged to pay social security contributions and personal income tax to the state. Not
registering a worker is against the employment law. An unregistered worker does not
have access to public healthcare services and pension benefits. All trade union members
are registered workers, but not all registered workers are union members.
11. In fact, collective bargaining and strikes are legally banned for public workers.
12. See the GTZ website for details.
13. Engels-Zanden and Wahlqvist (2007) in their analysis of the BSCI explain the trend
to move from cross-sectoral (multi-stakeholder) partnerships in CSR initiatives to
‘post-partnerships’ which are open exclusively to corporations, following the failure
of previous cross-sectoral European initiatives. Most of these initiatives failed either
due to the conflicts between corporations and unions or, and more often, due to the
conflicts between unions and NGOs. The Swedish Clean Clothes campaign known as
‘Dress Code’ has collapsed as a result of withdrawal of union support from the project
(Egels-Zanden and Hyllman, 2006).
14. GTZ (Deutsch Gesselschaft für Technische Zusammanarbeit) is an international coop-
eration enterprise for sustainable development with worldwide operations.
Does the adoption of codes of conduct marginalize labor unions? 251
15. One of the moderators is the first author of this chapter. The second author has also
been an observer in a number of meetings.
16. The Joint Initiative is another initiative, similar to the Round Table, which brings key
stakeholders together in the ‘global effort to improve working conditions in global
supply chains’. Jo-In believe that ‘codes of conduct can only make an effective and
credible contribution to this effort, if their implementation involves a broad range of
stakeholders, including governments, trade unions, employers’ associations and civil
society’.
17. It is worth noting that the Round Table was seriously involved in ‘finding a word’ which
would replace ‘örgüt’ so that employers would not become irritated when they read the
Code.
18. See the minutes of a typical meeting in Appendix 10A2.
19. Interviews with union stewards in one of the plants suggested that they had no contact
with the other plant and did not know whether employment practices differed between
the two plants.
20. In fact, the average wage achieved in collective bargaining in the sector is said to be
marginally higher than the minimum wage, confirming that the effect of unionization
is primarily to reduce informality in the workplace. YTL recently changed to TLR
(Turkish Lira).
21. In the uncertainty avoidance index (UAI) Turkey’s score is similar to other Mediterranean
countries (Greece, Spain, Portugal, France and Italy) and different from Anglo-Saxon
(Britain, US, Canada, Australia) and Nordic (Sweden, Denmark, Norway) countries.
Germanic countries (Germany, Austria, Switzerland and Netherlands) rank some-
where in the middle in uncertainty avoidance scores. Power-distance scores and rank-
ings resemble the uncertainty avoidance scores except that Germanic countries also
rank low in power distance similar to Anglo-Saxon and Nordic countries (Hofstede,
1980, 2001).
22. President of the Textile Employers’ Union.
23. The worker who mentioned the strike caused by a disagreement over the meals was
probably only a small child in 1980.
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Government Representatives
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Chambers
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● Consumers’ Union
● TUTKODER (Association for the Protection of Consumers)
● KSSD (CSR Association)
Does the adoption of codes of conduct marginalize labor unions? 257
INTRODUCTION
1. New banks entering the market For example, new Islamic banks
that have recently been launched include the Inmaa Bank (Saudi
Arabia), the Al Hilal Bank (UAE), the Al-Noor Islamic Bank (UAE),
the Al Masraf Bank (Bahrain) and the Global Banking Corporation
(Bahrain).
2. Conventional Western banks converting to Islamic banks Recent
conversions include the Al Jazira Bank (Saudi Arabia), the National
Commercial Bank (Saudi Arabia) and the Kuwait Real Estate Bank
(Kuwait). In Indonesia, Panin Bank has converted Bank Harfa to an
Islamic bank after acquisitions. Also, BRI has acquired Bank Jasa
Arta to convert it to an Islamic bank.
3. Conventional Western banks establishing ‘Islamic windows’ These
‘Islamic windows’ in conventional Western banks provide Shari’ah-
compliant products. HSBC (Indonesia) has set up a new Shari’ah unit
258
CSR in Islamic financial institutions in the Middle East 259
Countries in the Middle East and North Africa (MENA) region are at
different stages of development. Table 11.1 classifies the MENA countries
into those that are developing IFIs, those that have established IFIs, those
that have established IFIs and mutual funds and those that have an estab-
lished Islamic capital market.
There are a number of empirical research studies focusing upon corpo-
rate governance in IFIs. For instance, Lewis and Algaoud (2001) focused
their research upon the strategies and investment policies of Shari’ah
Supervisory Boards (SSBs). Gambling and Karim (1991), Banaga et al.
(1994) and Baydoun et al. (1997) have all examined the accounting and
auditing practices within IFIs. Erol et al. (1990) and Grais and Pellegrini
(2006) have focused on transparency and disclosure of market-relevant
information by IFIs. Nathan and Ribière (2007) have compared and
contrasted conventional Western banking knowledge and wisdom with
Islamic banking.
However, there are many areas of research in this field that are under-
explored. Corporate social responsibility (CSR) is one such area, although
organizations such as the Dubai Centre for Corporate Values (DCCV)
Islamic banking system has an in-built dimension that promotes social respon-
sibility, as it resides within a financial trajectory underpinned by the forces of
Shari’ah injunctions. These Shari’ah injunctions interweave Islamic financial
transactions with genuine concern for ethically and socially responsible activi-
ties at the same time as prohibiting involvement in illegal activities or those
which are detrimental to social and environmental well-being.
Many Islamic banking scholars such as Lewis and Algaoud (2001) and Iqbal
and Molyneux (2005) have argued that although Islamic banks perform
mostly the same functions as conventional Western banks, they do this in
distinctly different ways. The main differences arise out of the need to comply
with Shari’ah Law and the role of the SSBs which are discussed below.
derived from the Qur’an and Sunnah which are the sayings and practices
of the Prophet Muhammad (PBUH).
According to Shari’ah Law, the Islamic financial system aims to enhance
the economy of the country through the purchasing and selling of physical
assets (investment activities), and building the infrastructure.
The framework for Shari’ah Law involves:
Whosoever interveneth in a good cause will have the reward thereof, and
whosoever interveneth in an evil cause will bear the consequences. (4:85)
Shari’ah Law does not permit the charging of any type of interest
on using money among Muslims only. In Islam, it is acceptable to
charge interest to non-Muslims but paying interest to non-Muslims is
forbidden. Islamic banks have developed mechanisms to allow interest
income to be replaced with cash flows from productive sources, such as
returns from wealth-generating investment activities and operations.
Any transaction performed for speculative purpose is completely
forbidden (gharer), but accepting necessary business risk due to
market changes is allowed.
Commercial insurance on various assets is prohibited because it
trades on personal misfortune, however, mutual insurance (takaful)
is allowed.
● Risk and profit- and loss-sharing philosophy Shari’ah Law requires
that when profits are distributed, more emphasis is placed on reward
for effort rather than reward for merely owning capital. IFIs must
share the risk with the investor if losses occur. This type of risk
management is normally defined between the two parties by signing
contracts before the start of any transaction. These contracts are
designed and standardized by the International Islamic Financial
Market (IIFM) and act as a hedge against uncertainty.
● Contractual certainty The principle of gharar (the concept of uncer-
tainty) requires that the seller must own the asset before the exchange
of contracts and must inform the buyer about any defect in the asset
unless it is trivial. There must be complete transparency between the
two parties during the exchange of assets and clear identification of
the transfer of ownership. Uncertainties or ambiguities that can lead
to disputes may render a contract void under Shari’ah Law.
Figure 11.1 sets out the framework of Shari’ah Law. While some of
the above principles and rules are based on clear and explicit rulings of
Shari’ah Law, others are derived from Shari’ah Law scholars’ interpreta-
tions and understanding of the Qur’an. These interpretations can and do
differ between Shari’ah Law scholars. Certain contractual terms deemed
to be valid under Shari’ah Law by the scholars of one school may not be
acceptable to scholars from another school.
An alternative Islamic framework involving faith and belief, practices
and activities and moralities and ethics is shown in Figure 11.2.
Shari’ah Law
ISLAM
● religious responsibility, that is, to obey the laws of Islam in all its
dealings and operations;
● economic responsibility, that is, to be financially viable, profitable
and efficient;
● legal responsibility, that is, to respect and obey the laws and regula-
tions of the country of operation;
● ethical responsibility, that is, to respect the mass of societal, religious
and customary norms which are not codified in law; and
● discretionary responsibility, that is, the expectation from stakeholders
that IFIs will perform a social role in implementing Islamic ideals over
and above the religious, economic, legal and ethical responsibilities.
The objectives of ICSR are the same as the individual social responsibil-
ity of each Muslim: to enjoin right and to forbid wrong. The definition of
right and wrong in Islam can be defined in various dichotomies which are
overlapping. In their legal form, ‘right’ refers to everything that is permis-
sible or recommended (Halal and Mustahab, respectively), while ‘wrong’
refers to everything that is not permissible or not recommended (Haram
and Makruh, respectively). From the perspective of Islamic jurisprudence,
‘right’ refers to what is just while ‘wrong’ refers to what is unjust.
It is the responsibility of the SSB to provide an independent review and
attestation of ICSR conduct as an assurance to stakeholders.
The SSBs review the operations of financial institutions to ensure that they
comply with the Shari’ah Law. This is, to a large extent, an investigatory role.
In the increasingly complex and sophisticated world of modern finance, the
religious board endeavors to answer the question whether or not proposals
for new transactions or products conform to the Shari’ah Law and the SSBs
offer constructive and creative recommendations. The role of each SSB is:
required to periodically report and certify to the SSB that the actual invest-
ments and business activities undertaken by the institution conform to
forms previously approved by the SSB.
The members of the SSB are appointed by shareholders at the General
Assembly, employed by the IFIs and report to the board of directors.
The SSB has the right to appoint a Shari’ah internal auditor to monitor
the day-to-day transactions and report directly to them. If the SSB discov-
ers that any transaction violated the Shari’ah Law and that this transac-
tion has generated revenue to the IFI then the SSB can set these earnings
aside and donate them to a charitable organization.
It is the responsibility of the SSB to provide an independent review and
attestation of ICSR conduct as an assurance to stakeholders.
This usually involves:
Since Islam has four different sects (Hanafi, Hanbali, Maliki and
Shafi’i) which interpret the Islamic Holy Book (the Qur’an) differently,
SSB members tend to be selected from the dominant sect in their country
and consequently reflect their own understandings of the Qur’an on the
transactions of IFIs.
The various governance challenges of the SSB are as follows:
1. Competence Since the Shari’ah scholars on the SSBs carry great respon-
sibility, it is important that only high caliber scholars are appointed. There
is currently a shortage of appropriately qualified scholars to provide
rigorous challenge and oversight of a bank’s products and services.
2. Independence Due to the shortage of scholars, many SSB members
have positions on many different IFIs and have access to proprietary
information. As a result the possibility of serious conflicts of interest
exists. Little is currently known about how SSBs are dealing with this
problem in practice.
3. Lack of professional certification IFIs currently experience difficulty
in selecting between scholars due to the lack of professional certifica-
tion in terms of Shari’ah expertise.
268 Corporate social responsibility
By effectively and efficiently being involved in CSR activities Islamic banks may
inevitably generate valuable resources in terms of reputation, long term stand-
ing and loyalty from various stakeholders. . . . CSR can be used as a strategic
270 Corporate social responsibility
NBK was awarded the first Kuwait National CSR award in 2007.
tool to enhance the reputation and public image of a business institution while
at the same time prove to be profitable for the institution in the long-run.
In 2006 the bank decided that it would focus its CSR activities on
‘helping future generations of Kuwaitis achieve their full potential’.
Examples of community activities include:
CONCLUSION
IFIs are becoming more important in terms of total assets within the global
financial market. In order to fully understand the values and culture of
an IFI one needs to understand the nature of Shari’ah Law and the role
of the SSBs. Recent empirical work has shown that social responsibility
activities enhance the reputation and public image of Islamic banks and
in the future it is likely that IFIs will have a higher level of disclosure and
transparency concerning their corporate social responsibilities.
DISCUSSION QUESTIONS
1. Why have IFIs grown in importance and size over the last decade?
2. What makes IFIs different from other types of financial institutions?
3. What are the governance challenges of IFIs?
4. Whose responsibility is it within an IFI to provide an independent
review and attestation of an IFI’s corporate social responsibility?
5. Is Islamic CSR in IFIs different from CSR in non-Islamic financial
institutions in the Middle East? (Give reasons)
6. Is Islamic CSR different from non-Islamic CSR? (Give reasons)
REFERENCES
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276 Corporate social responsibility