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Article

18 Dec 2020

Author:
Amelia Evans and Teddy Ostrow

Rethinking MSIs: Q&A on the Blog Series

In July 2020, MSI Integrity launched the blog series, “Rethinking Multi-Stakeholder Initiatives,” with Harvard Law School’s International Human Rights Clinic (IHRC). Accompanying the publication of MSI Integrity’s major report, Not Fit-For-Purpose, the blog series sought to share several critical perspectives on the MSI field. The contributions largely honed in on two of the key questions posed by the report: are MSIs working for rights holders, and do we need to rethink the role of MSIs as human rights tools?

Beginning with Christie Miedema in her piece, “Binding Brands to Create Change,” and ending with Fola Adeleke’s “Rethinking Corporate Accountability,” the series amounted to nine thoughtful contributions. To close the series, Amelia Evans and Teddy Ostrow of MSI Integrity shared their thoughts on some of those perspectives, as well as what’s next for the organization.

Teddy Ostrow: Amelia, can you recap the purpose of the nine-part blog series, “Rethinking MSIs,” and how it’s relevant to global politics right now?

Amelia Evans: The devastation caused by this global pandemic has pushed many people to a place of discomfort: to confront what many communities and activists have long been saying—that our economic, legal and political systems are failing to protect people and the planet. Debates and discussions have been unfolding in certain quarters about which, if any, of our existing frameworks, tools and strategies have been able to meaningfully address the vast societal inequities that characterize our time, and thus which interventions should accompany us—or might propel us—into a more equitable and just future. While by no means prompted by COVID, as we recognized the failures and limitations of MSIs well before then, this series on “Rethinking MSIs” can be seen as part of those more probing and deep reflections on the adequacies—or rather, inadequacies—of our existing system of rights protections and measures to address corporate power and abuse.

This series—and our report—is also deeply relevant within the specific business and human rights context. First, the single unifying thread of all the voices in this series, consistent with the key finding of Not Fit-for-Purpose, is that voluntarism is inadequate for ensuring the protection of rights. The insufficiency of MSIs underscores the need for efforts underway for binding human rights regulations. These range from the ongoing UN business and human rights treaty negotiations (the sixth session took place as this series unfolded), through to regional, national and local efforts.

Second, there are important implications for the content of such regulation. In particular, some of the contributors in this series point to mandatory human rights due diligence-—which is central to both the treaty and many proposed new national regulations—as the solution. But is it? By itself, this seems unlikely. To begin, the proposed European law has a safe harbour provision that will limit liability if companies implement yet to be determined “recognised (industry) standards”—presumably, this includes the standards set by MSIs. Beyond this circularity, the questions of whether due diligence will ensure actual accountability for abuse—rather than accountability for failing to follow due process—or meaningful access to remedy for communities loom large, as does something much more significant that is raised by this blog series: are reforms enough, or is what we need a transformation of our entire system?...

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