the OECD Guidelines on Multinational Enterprises procedures for their actions in
Myanmar. None has yet involved the ICT sector, though several ‘specific instances’
concerning ICT in other countries have been lodged 32.
Expectations of Investors
Investors are demanding information on company actions in Myanmar. Investment
research providers are now providing specialised information on Myanmar. 33 As one
investor blog notes, “[c]ompanies investing in Burma are exposed to a complex business
environment and those that are seen to benefit from violations of human rights face
serious reputational risks”. 34
C. The Reference Framework for the SWIA
The language and meaning of ‘human rights’ and ‘responsible business’
‘Responsible business conduct’ and the standards that help define that conduct, require
businesses to take responsibility for the impacts they have on society. ‘Impacts on society’
is understood very broadly to include human rights, and social, environmental, ethical, and
consumer concerns. The standards that cover such conduct are diverse and they are not
always labelled as ‘human rights’, but they are intimately intertwined with human rights.
Some impacts on human rights will be direct. Suppression of a protest by a company has
an immediate impact on the right to freedom of expression. Other impacts may be
indirect. Pollution can degrade the quality of the soil or water so that crops can no longer
be grown or grown in sufficient quantities, impacting on the right to food. Wider
governance issues, including corruption and a lack of transparency 35 have indirect
impacts as they can weaken the systems needed to hold those responsible for abuses
accountable, and to provide remedies to victims.
When the ‘human rights’ label or terminology becomes a stumbling block to positive
outcomes, the use of other terms may be appropriate. But it will still be important for
those dealing with these issues in companies and with stakeholders, to have an
understanding of internationally-recognised human rights and their implications for
company processes in order to ensure that a company is indeed meeting responsible
business standards.
32
Lists of ‘specific instances’ by country and sector can be generated at http://oecdwatch.org/cases
“New service enables investors to manage conflict-related investment risks in Burma/Myanmar” (May
2014).
34 EIRIS, “An Australian perspective on human rights, conflict risk and investment” (June 2014).
35 While this SWIA addresses corruption because it has an impact on the quality of governance more
generally and the resources governments have available to fulfil human rights, it does not include a specific
review of all the steps that would be needed to reduce corruption in the country. See for example, Devex,
“How Myanmar can curb corruption to boost development” (30 Jan 2014).
33 EIRIS,
CHAPTER 1: INTRODUCTION
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