Business and Human Rights

Bill C-300 is a Private Member's Bill, tabled in the House of Commons by John McKay, Liberal M.P. for Scarborough-Guildwood.

"The purpose of this enactment is to promote environmental best practices and to ensure the protection and promotion of international human rights standards in respect of the mining, oil or gas activities of Canadian corporations in developing countries.  It also gives the Minister of Foreign Affairs and Minister of International Trade the responsibility to issue guidelines that articulate corporate accountability standards for mining, oil or gas activities and it requires the Ministers to submit an annual report to both Houses of Parliament on the provisions and operation of this Act."

There are two main reasons for Amnesty’s support of Bill C-300.

Firstly, it has considerable merit in itself, seeking to require the highest Corporate Social Responsibility standards for human rights and the environment.  We note the following:

• This Bill comes the closest we have seen in making Canadian extractive companies accountable to Ottawa;
• If approved, this Bill will introduce an unprecedented accountability mechanism in Ottawa for Canadian mining, oil and gas companies in their overseas operations.  This is completely in line with the June 2005 recommendation by the Standing Committee on Foreign Affairs and International Trade, that such accountability mechanisms should be introduced in Ottawa;
• If approved and satisfactorily implemented, it could make Canada a leader in Corporate Social Responsibility practices, and serve as model legislation for other countries.

Secondly, Bill C-300 addresses Amnesty International’s particular concern that voluntary adherence to Corporate Social Responsibility standards is just not working. 

As pointed out by Amnesty International Canada in its Submission to the Legislative Review of Export Development Canada 2008:

"Governments have the primary obligation to secure universal enjoyment of human rights and this includes an obligation to protect all individuals from the harmful actions of others, including companies.  Voluntarism can never be a substitute for global standards requiring businesses' mandatory compliance with human rights."

An example of the limitations of voluntarism is what is happening with the UN Global Compact.  Over 5000 companies have signed up with the Global Compact, committing their adherence to ten important principles concerning human rights, labour standards and the environment.  However, in its January 2009 review concerning 130 listed companies which were signatories, the UN Global Compact noted that only 25 of them had produced high quality annual corporate responsibility reports.  More than 100 were identified as "laggards" for having failed to submit these required reports.  This illustrates BHR's concern about voluntarism.  Compliance with Corporate Social Responsibility principles is so important that it is not sufficient to rely on good intentions; there has to be a mandatory regime such as the one provided for in Bill C-300.

When Bill C-300 was introduced for second reading on March 3rd, Amnesty was pleased to note several positive comments from M.P.s:

• Mr. McKay:  "It is not my intention to overstate the case by painting all Canadian extractive companies with the same brush.  Many companies are quite responsible and actively pursue their responsibilities in terms of both the environment and human rights.  They are seriously engaged in environmental compliance and respect for human rights.
  However, all our reputations are at risk through the behaviour of certain companies.  Not only is there a behavioural risk to an individual company, but there is also a risk to our national reputation."
• Mr. Paul Crête, BQ:  "I do not believe it is possible to simply rely on companies' good faith.  Most companies, like most people, are honest and do their work properly.  Unfortunately, some demonstrated in the past that they had unacceptable behaviour, and it is our responsibility to discipline Canadian companies working abroad and give them the chance to behave in a way that is respectful of the entire industry."
• Mr. John Rafferty, NDP:  "I am sure all members, current and past, from the House will agree that legislation that enforces international rights standards and environmental best practices upon Canadian companies operating abroad is long overdue."
• Mr. Michael Savage, Liberal:  "We have to keep in mind that we have to present a bill that can actually pass the House.  We want to make a difference; we do not just want to make a point.  We cannot let perfect be the enemy of better.  This bill will make things better….
  As an international player, I am afraid we are not the gold standard anymore, but we can do better.  We should do better.  We should live up to the expectations that the people in this country have for us, and we should go beyond them."

The Bill completed second reading on April 3rd, proceeding to a vote in principle on April 22nd.  If then passed, it will be most likely referred to the Standing Committee on Foreign Affairs (or possibly the Standing Committee on International Trade).

Amnesty International urges you to contact your M.P. in support of this important Bill. We encourage you to arrange to meet your M.P. in person, or telephone them, or if you would prefer to send a letter or an email, a sample letter is found below.

Date

Dear Mr./Ms. ____________, MP:

SUPPORT BILL C-300 ON CORPORATE ACCOUNTABILITY

As your constituent, I am writing to let you know that I strongly support Bill C-300, An Act respecting Corporate Social Responsibility for the Activities of Canadian Mining Corporations in Developing Countries, which completed its second reading on April 3rd. We understand that the vote in principle will likely take place on April 22nd, and we would request that you be present on this day to cast your vote in favour of this bill.

Unethical practices by Canadian mining companies around the world are causing many Canadians deep concern. Most recently, you may be aware, Norway’s Government Pension Fund has dropped its shares in Canada’s Barrick Gold as a result of egregious environmental practices at the Progera Mine in Papua New Guinea. You may also be aware of a study by three York University Law Professors on the practices of Goldcorp in the San Marcos region of Guatemala which charges that the company breached indigenous law and is engaging in environmental practices which endanger the security of the ground water in the region.

Bill C--300 responds to a need--recognized in the June 2005 parliamentary report of the Standing Committee on Foreign Affairs and International Trade, and later in the recommendations of the National Rountables on Corporate Social Responsibility--for the adoption of mechanisms, in Canada, by which Canadian companies can be held to account for breaches of human, indigenous or environmental rights in developing countries. A bill with much the same purpose was proposed by now retired NDP MP Alexa McDonough in June 2008.

The Bill has the support of the Canadian Network for Corporate Accountability (CNCA), an organization which includes Amnesty International Canada, the Steelworkers Humanity Fund, the United Church of Canada, the Canadian Labour Congress, and Friends of the Earth (Canada).  And it has my support.

As my elected MP, I request that you attend Parliament on my behalf on the date of the vote in principle (probably April 22nd) and support Bill C--300.

Please let me know what you plan to do with respect to this request.

Yours truly,

Your name
Address, telephone or email address

Cc: The Right Honourable Stephen Harper
Mr. Michael Ignatieff, MP
Mr. John McKay, MP