Demonstrating Corporate Responsibility During a Pandemic

Crises reveal what organizations value. Whether a business demonstrates corporate responsibility during the COVID-19 pandemic, or fails to do so, can determine if the company and its leaders emerge from this crisis with the trust and confidence of their stakeholders intact.

Source: google.com/covid19/

Definitions of corporate responsibility have evolved from an exclusive focus on shareholder returns, to the acknowledgment by businesses of a much broader group of corporate stakeholders and range of responsibilities. Acting responsibly today means more than legal compliance and goes beyond corporate philanthropy.

At its core, corporate responsibility means meeting stakeholder expectations for responsible conduct. Meeting both the financial and non-financial expectations of its investors, customers, employees, business partners, suppliers, regulators, and the communities where it operates, helps a company to manage risk, protect its reputation, attract and retain employees, grow its markets, and sustain its financial performance.

Demonstrating corporate responsibility is a key challenge for business leaders in the best of times. As my colleague Helio Fred Garcia observes, the COVID-19 crisis comprises simultaneous crises (public health, business, economic, information, governance, social, mental health) of unprecedented scope that require a multi-dimensional leadership response. [1]

Unprecedented in its scope, the COVID-19 pandemic is an opportunity for companies and their leaders to live their values by acting responsibly.

When navigating next steps during the pandemic, business leaders should keep in mind key principles for demonstrating corporate responsibility.

 

Understand the potential impacts of your crisis response.

Responsible organizations understand the potential impacts of their actions and take steps to “do no harm.” Business leaders determining how to respond to the pandemic need to assess the potential impacts on all company stakeholders.

Well-managed organizations plan for foreseeable crises. Companies that engage in meaningful crisis planning likely had a standby pandemic crisis plan they could draw upon as they began to address COVID-19. Effective crisis management plans identify potentially affected stakeholders and catalogue relevant corporate policies for high priority scenarios. A global manufacturer’s pandemic planning, for example, would have considered the business impact of supply chain interruptions, triggers to suspend executive travel, and criteria for allowing employees to work remotely.

When evaluating next steps, companies should seek to “do no harm” by preventing or mitigating harmful impacts.

Companies without a pandemic crisis plan in place can still identify potential impacts to guide their response. Enterprise-wide impact mapping and assessment can help an organization prioritize next steps. By applying a human rights impact lens to its operations and stakeholders, [2] a hospital system, for example, might prioritize securing adequate personal protective equipment to ensure the health and safety of its healthcare workers; expanding diagnostic testing among vulnerable communities to ensure nondiscrimination in patient access to healthcare, and communicating information about the virus and medical capacity to ensure public access to reliable and timely information.

When evaluating next steps, companies should seek to “do no harm” by preventing or mitigating harmful impacts. Apparel companies that have cancelled supplier contracts for goods during the pandemic face criticism for triggering layoffs of the factory workers worldwide that make their products, often among the groups most vulnerable to COVID-19. A quick stakeholder impact assessment would have flagged the risk of harming supply chain workers. Responsible international brands have sought to protect workers by honoring their supplier contracts during the pandemic.

Similarly, companies that provide paid sick leave are protecting the health of employees, customers and the general public alike. When the California-based retailer Patagonia voluntarily closed its stores nationwide while continuing to pay its employees, its CEO and President, Rose Marcario stated, “It’s everyone’s responsibility to help stop the spread of this virus.”

“It’s everyone’s responsibility to help stop the spread of this virus.” 

− Rose Marcario, CEO and President, Patagonia Inc.

 

Anticipate changing stakeholder expectations.

Meeting stakeholder expectations demonstrates corporate responsibility and earns the trust of those who matter most to your business. All stakeholders expect a responsible organization to care about the multiple dimensions of the COVID-19 crisis and to take appropriate action.

What stakeholders expect a responsible company to do will change. The current pandemic is a dynamic situation that calls for decision-makers to adapt policies to new information. Responsible companies meet stakeholders where they are and adjust accordingly.

Customers, for example, expect essential businesses that remain open (or that reopen) to follow public health guidelines, to protect their employees, and to protect vulnerable community members. Obeying the law is the just the starting point.

On my first trip to the grocery store after a statewide “stay-at-home” order had been issued, the store had placed limits on the number of scarce items that customers could buy, like cleaning products and milk. Employees were working hard to keep shelves stocked. Two weeks later, consistent with evolving public health guidance, the store was limiting the number of customers allowed inside at once, plexiglass shields had been placed between checkout workers and customer payment stations, and all store employees wore gloves and masks. The grocery chain had also adopted an industry-wide practice reserving its opening hour for elderly customers. On my most recent shopping trip, the store had instituted “one-way” aisles to ensure physical distancing and all customers were required to wear face coverings.

Some of these measures were mandated; some were voluntary. All track what the store’s customers, employees, and community would expect a responsible grocery store to do under the circumstances based on available information.

Conversely, companies that act contrary to stakeholder expectations for responsible conduct, even if the actions are legal and contribute to the bottom line, risk losing the trust of customers, investors, and regulators. Large public corporations that secured millions of dollars of loans under the Paycheck Protection Program intended for small businesses, for example, have endured substantial public criticism prompting some companies to return the funds. The angry reaction should not have been a surprise for corporate leaders paying attention to stakeholder expectations. 

 

Philanthropy is not a substitute for responsibility.

Stakeholders expect responsible companies with the resources to do so, to give money and to tap their expertise during a crisis. Many businesses, large and small, have responded to the pandemic by providing financial or in-kind support to healthcare workers, to small businesses, and to international and community organizations addressing the impacts of COVID-19 on vulnerable populations.

Source: covid19responsefund.org/

Google has pledged more than $800 million to support small businesses, health organizations and governments, and health workers on the frontline of the global pandemic. The company’s contribution includes $250 million in advertising credits to help the World Health Organization and more than 100 government agencies disseminate information on how to prevent the spread of COVID-19. Citigroup is donating a total of $15 million to the United Nations Foundation and World Health Organization’s COVID-19 Solidarity Response Fund, to No Kid Hungry to support emergency food-distribution programs in the United States, and to international efforts in countries that are severely affected by the pandemic. The British and Dutch consumer goods multinational Unilever is contributing €100 million through donations of soap, sanitizer, bleach and food, including adapting its manufacturing lines to produce sanitizer for use in hospitals.

All of these efforts are welcome.

Philanthropy, however, does not excuse a company from acting responsibly elsewhere in its operations.

Source: www.ethicalconsumer.org

Amazon faces intense criticism for failing to adequately protect its employees from the outset of the pandemic; resisting paid sick time, hazard pay, and health benefits for part-time employees; and retaliating against a warehouse worker who protested working conditions. Since then, Amazon has enhanced its health and safety practices, hired 175,000 additional employees, and donated thousands of laptops to Seattle public school students, among other efforts. CEO and Founder Jeff Bezos announced a $100 million gift to Feeding America. The company’s philanthropic responses alone, however, are proving insufficient to meet stakeholder expectations for responsible conduct. Employees continue to protest Amazon’s working conditions and policies, and regulators have launched investigations into the company’s labor practices.

McDonald’s Corporation has donated over $3 million in food to support local communities during the COVID-19 pandemic; yet, more than half a million McDonald’s workers without access to paid sick leave are serving food nationwide.

Leading companies act and give responsibly.

 

Business leaders are called to act when government fails to do so.

The COVID-19 pandemic has triggered a crisis of government capacity and leadership. Corporate responsibility today means filling these governance gaps.

Business leaders should be prepared to address the governmental pandemic response by speaking out against harmful policies and advocating for responsible solutions.

Source: coronavirus.jhu.edu/map.html, visited 5/8/2020

Responsible companies in the United States are meeting public needs that the federal government has failed to address. Companies in many different sectors are stepping in to manufacture, purchase, and distribute personal protective equipment; to accelerate production of diagnostic tests and medical equipment like ventilators; and to disseminate accurate data on the virus and its spread. Microsoft voluntarily told its employees to work from home in support of local health authorities’ efforts to communicate the urgency of the looming pandemic in Seattle. Apple and Google are partnering to develop contact tracing technology to help governments and health agencies reduce the spread of the virus.

Stakeholders increasingly expect corporate leaders to speak out on public policy issues, [3] such as gun violence and immigration policy, [4] when government fails to act or causes harm. COVID-19 is accelerating this trend. In his annual letter to CEOs, Larry Fink, the chairman and CEO of BlackRock, the world’s largest asset manager, noted last year that “stakeholders are pushing companies to wade into sensitive social and political issues — especially as they see governments failing to do so effectively.” Fink called on CEOs to demonstrate leadership and corporate commitment to “to the countries, regions, and communities where they operate, particularly on issues central to the world’s future prosperity.” No issue meets these criteria right now more than the multi-dimensional COVID-19 crisis.

CEOs that understand and anticipate the potential impacts on of all of their company’s stakeholders are not rushing to reopen.

Business leaders should be prepared to address the governmental pandemic response by speaking out against harmful policies and advocating for responsible solutions. Consumer product brands have had to correct inaccurate information about disinfectants. Many businesses in the United States must now decide whether to reopen against data-driven public health guidance. CEOs that understand and anticipate the potential impacts on of all of their company’s stakeholders are not rushing to reopen.

Unprecedented in its scope, the COVID-19 pandemic presents a unique opportunity for companies and their leaders to live their values by acting responsibly.

 

Logos Senior Advisor Anthony Ewing counsels executives on corporate responsibility and works with clients to establish and strengthen crisis management programs. He teaches a graduate seminar on corporate responsibility at Columbia Law School.

 

Notes

[1] Helio Fred Garcia, “Leadership, Communication, and COVID-19,” (Mar. 25, 2020) https://logosconsulting.net/leadership-communication-and-covid-19/.

[2] Anthony Ewing, “Integrating Human Rights into Crisis Planning,” A Good Practice Note endorsed by the United Nations Global Compact Human Rights and Labour Working Group (6 October 2015), https://www.unglobalcompact.org/docs/issues_doc/human_rights/Human_Rights_Working_Group/crisis-planning-GPN.pdf.

[3] Aaron K. Chatterji and Michael W. Toffel, “The New CEO Activists,” Harvard Business Review (January–February 2018), https://hbr.org/2018/01/the-new-ceo-activists.

[4] Anthony Ewing, “Business and Human Rights: Lessons for Managing the Trump Presidency,” blog post, February 13, 2017, https://logosconsulting.net/business-and-human-rights-lessons-for-managing-the-trump-presidency/.

New Book by Logos President: Words on Fire

Logos Consulting Group is pleased to announce that the next book by Logos President Helio Fred Garcia is now available for pre-order.

Words on Fire: The Power of Incendiary Language and How to Confront It is about the power of communication to do great harm, and how civic leaders and engaged citizens can hold leaders accountable to prevent such harm. Garcia focuses on the forms of communication that condition an audience to accept, condone, and commit violence against a targeted group, rival, or critic.

 

Sending Up a Flare

In the book’s preface Garcia writes,

“In my teaching and research, I study patterns: patterns that help leaders enhance competitive advantage, build trust and loyalty, and change the world for the better. I study the patterns of audience engagement and audience reaction. I study persuasion and influence, and the power of language to change people, mostly for the better.”

But he also provides a caution:

“I’ve also been acutely aware of the use of communication to hurt, to harm, and to humiliate, and of how dehumanizing and demonizing language can lead some people to commit acts of violence. I typically don’t teach those things in a classroom, but I often send up a flare, warning students, former students, and others of the predictable, if unintended, consequences of speech that, under the right conditions, can influence people to accept, condone and commit violence against members of a group.”

Garcia notes that he found himself sending up many flares in recent years, but that something changed in 2018. In the Fall of that year he posted on social media persistent warnings about stochastic terrorism, the technical term for language that provokes some people to commit violence. He says,

“My concern grew into alarm as the 2018 mid-term elections approached and as President Trump’s language crossed a line. I worried that someone would be killed by Trump followers who embraced his increasingly incendiary rhetoric about immigrants, Mexicans, Muslims, and critics.”

Garcia’s fears were soon realized.

“In a single week, about ten days before the mid-terms, two separate terror attacks took place: one killed eleven people at worship in a synagogue; one failed but had targeted a dozen Trump critics with mail bombs. In both cases the perpetrators justified their actions by quoting Trump language. One of them, the mail bomber, described his conversion from being apolitical to being ‘a soldier in the war between right and left’ that resulted from his several years in Trump’s orbit.”

The following day Garcia posted a blog on Daily Kos describing the relationship between language and violence. That post was republished by CommPro.biz. Words on Fire is the continuation of that original blog post.

In reflecting on the President’s language, Garcia noticed another pattern: the forms of his language were familiar. He realized that the president was using the very same rhetorical techniques that had preceded previous mass murders, including genocides. He worried that, left unchecked, the president would continue, with increasingly dire consequences.

Garcia explored the kinds of language that historically had preceded acts of mass violence. And he studied contemporary sources including the U.S. Holocaust Museum Simon-Skjodt Center for the Prevention of Genocide. The center defines “dangerous speech” as:

“speech that increases the risk for violence targeting certain people because of their membership in a group, such as an ethnic, religious, or racial group. It includes both speech that qualifies as incitement and speech that makes incitement possible by conditioning its audience to accept, condone, and commit violence against people who belong to a targeted group.”

One of the key elements of creating such conditions is to dehumanize others. The Center’s handbook Defusing Hate notes that:

 “Dangerous speech often dehumanizes the group it targets (e.g., by calling its members rats, dogs, or lice), accuses the target group of planning to harm the audience, and presents the target group’s existence as a dire threat to the audience.”

Garcia also studied the work of Yale University philosopher Jason Stanley, who says that when leaders persistently dehumanize others they lessen the capacity of citizens to empathize.

The Playbook

Dangerous speech begins with dehumanization but doesn’t end there. Garcia has identified twelve communication techniques that individually and collectively create a social context that conditions an audience to accept, condone, and commit violence against people who belong to a targeted group. Each technique is a bit different from the other, although the individual techniques have elements in common. They serve as a kind of Playbook that malicious leaders have used to divide communities and to accumulate power. The twelve forms are:

  1. Dehumanize: Calling groups of people animals or vermin who are infesting the nation.
  2. Demonize/Delegitimize: Attributing to a group or rival a menacing, evil identity or calling into question the legitimacy or qualification of a group or rival.
  3. Scapegoat: Blaming a group for all or many of the nation’s problems.
  4. Public Health Threat: Claiming that members of a group are carrying or transmitting dangerous diseases.
  5. Safety Threat: Claiming that a group, rival, or critic is a threat to public safety – likely to cause death or injury to the nation or to the dominant group – or is a threat to civic order.
  6. Violent Motive: Claiming that a group has violent or hostile intentions toward a dominant group.
  7. Severely Exaggerating Risk: Labelling a minor issue or routine event a major threat.
  8. Sinister Identities: Attributing vague or sinister identities to a group or its members.
  9. Conspiracy: Saying that something is part of a sinister conspiracy.
  10. Discredit Information: Discrediting the source of objective information or of information critical of the leader.
  11. Conflation: Conflating the leader and the state, so that any criticism of the leader is seen as an attack on the nation.
  12. Menacing Image: Juxtaposing a menacing image (noose, swastika, flaming cross) with a person or person’s image, a location, or a facility associated with the target.

Words on Fire documents these forms of communication, and the consequences of that language, both before Trump and by Trump.

But it does more. It assesses how American political life came to this dangerous and demoralizing place.

And it offers hope, a path forward: a framework, a mindset, and a set of techniques to help civic leaders and informed citizens recognize the patterns of dangerous speech early, intervene early, hold those who use such language accountable for the consequences, and ideally prevent such violence in the first place.

Garcia and a team of researchers spent 14 months working on the book. In addition to studying historic mass killings that followed the persistent use of dangerous speech, Garcia and his researchers watched hundreds of rallies, interviews, and public appearances by Donald Trump as candidate and president, and read thousands of his tweets. Garcia also examined hate crime violence statistics and trends. And he examined national security and law enforcement scholarship on lone wolf violence up to and including lone wolf terrorism. Garcia synthesizes the fruits of this research and describes how lone wolves develop a terrorist mindset and how they are activated to commit violence.

 

From Stochastic Terrorism to Lone-Wolf Whistle Terrorism

Since 9/11 the use of communication in ways that trigger lone wolves to commit acts of violence, up to and including terrorism, has been known as stochastic terrorism. The name comes from a principle in statistics and describes something that may be statistically predictable but not individually predictable.

But Garcia has concluded that the phrase stochastic terrorism is difficult to grasp, and even to say, and tends to limit discussion. He proposes a different way to describe the phenomenon, based on who is motivated to act on the communication – lone wolves – and what triggers them to so act – a kind of dog whistle that he calls a lone-wolf whistle.

He says:

“Acts of violence triggered by such language I call lone-wolf whistle violence. When such language triggers mass violence with a political, ideological, or similar motive I call it lone-wolf whistle terrorism.”

A Call to Action

Words on Fire also profiles leaders who stepped over the line and were called on it. All, in their own ways and in varying time frames, stopped what they were doing. As responsible leaders do.

Garcia also explores humility as an essential leadership attribute that makes empathy possible. It is empathy that allows leaders to see the damage their rhetoric may cause, and humility and empathy that lead them to stop.

The book closes by providing a framework for civic leaders, engaged citizens, journalists, and public officials to recognize when a leader may have crossed the line, and a way to understand the likely consequences of dangerous speech. Garcia takes the Lone-Wolf Whistle Terrorism Playbook and recasts it as a toolkit or checklist in the form of questions to ask that can help determine whether a leader’s rhetoric is likely to inspire lone wolves to take matters into their own hands.

Early Endorsers

Early reaction to Words on Fire by those who have read the manuscript has been quite positive, and the book has several early endorsers.

David Lapan, Colonel, USMC (ret), former Pentagon and Department of Homeland Security spokesman, says:

“Language is power, and powerful. It can uplift, or harm. Helio Fred Garcia is an astute student of language and communication. This book offers historic examples, keen insights and valuable advice on recognizing patterns of language that can harm or lead to violence.”

Evan Wolfson, Founder, Freedom to Marry, says:

“Drawing on history and his deep expertise in communications, Helio Fred Garcia documents how Trump’s barrage of hate, divisiveness, falsehoods, and triggering are even uglier and more dangerous than we thought, right out of the autocrat’s playbook. During the Nixon administration, John Dean blew the whistle on the ‘cancer growing on the presidency.’ Words on Fire provides a clear and alarming CAT-scan of the cancer growing from this presidency, and a highly readable guide to how we can call out and combat Trump’s toxic language and malignant agenda, pushing back against the corrosive forces that enable Trumpism and put our country in such peril.”

James E. Lukaszewski, America’s Crisis Guru®, says:

“Many of us were taught a lie as youngsters that sticks and stones can break our bones, but words will never hurt us. Fred courageously, graphically and powerfully illustrates that it is words on fire that bloodlessly, without scars or visible traces cause deep internal permanent damage while often triggering accompanying physical damage. And that if we remain silent one victim incinerated by words on fire damages the rest of us.”

Lukaszewski adds,

Words On Fire should be mandatory reading and a guide book for every reporter and editor anywhere. Journalists have significant responsibility for spreading the flames of intentionally incendiary, punitive, abusive language. There should be ethical and cultural sanctions for mindlessly but intentionally originating or transmitting dangerous language. Every business school needs to develop courses for managers and leaders in detoxifying and extinguishing fiery, intentionally emotional and harmful language, whatever the source, followed by every religious leader and elected official. Important institutions in our society and culture have the affirmative responsibility to stand up and speak out against the users and use of words on fire.

Public reaction has also been positive. In the week after Words on Fire became available for Amazon pre-order, it became the Amazon #1 New Release in Rhetoric and #2 in New Releases in Public Administration the #3 best seller in Public Administration.

Words on Fire is scheduled for publication in mid-June. It is available for pre-order in both paperback and kindle edition.

Prior Books by Logos President

Words on Fire is Garcia’s fifth book. His first, published in 1998, was the two-volume Crisis Communications, now out of print.

In 2006 Garcia co-authored with his NYU colleague John Doorley Reputation Management: The Key to Successful Public Relations and Corporate Communication. That book’s fourth edition is scheduled for publication in late Spring. Reputation Management has been adopted in undergraduate and graduate public relations and communication programs around the world, and was published in Korean in Seoul in 2016,

In 2012 Garcia published The Power of Communication: Skills to Build Trust, Inspire Loyalty, and Lead Effectively. The Power of Communication has been adopted by dozens of graduate and professional schools, and was named one of eight leadership books on the U.S. Marine Corps Commandant’s Professional Reading List. It was published in Chinese in Beijing in 2014.

In 2017 Garcia published The Agony of Decision: Mental Readiness and Leadership in a Crisis. The Agony of Decision was named one of the best crisis management books of all time (#2 of 51) by BookAuthority, the leading non-fiction review site. It will be published in Chinese in Beijing later this year.

Garcia has been on the New York University faculty since 1988. He is an adjunct professor of management in NYU’s Stern School of Business Executive MBA program, where he teaches crisis management, and where he was named Executive MBA Great Professor. He is an adjunct associate professor of management and communication in NYU’s School of Professional Studies, MS in Public Relations and Corporate Communication program, where he twice received the Dean’s award for teaching excellence, in 1990 and in 2017.  In that program he teaches courses in communication strategy; in communication ethics, law, and regulation; and in crisis communication.

Garcia is an adjunct associate professor of professional development and leadership at Columbia University, where he teaches ethics, crisis, and leadership in the Fu Foundation School of Engineering and Applied Science. Garcia is also a Senior Fellow in the Institute of Corporate Communication at Communication University of China in Beijing.

 

Anthony Ewing Leads Teaching Workshop in the UK

Logos Senior Fellow Anthony Ewing convened the eighth Teaching Business and Human Rights Workshop earlier this month at the University of Essex in Colchester, England. The seventy Workshop participants included individuals teaching “business and human rights” at universities in Canada, Hong Kong, Italy, Japan, Mexico, Pakistan, Poland, the Netherlands, South Africa, Switzerland, the United Kingdom, and the USA. The Workshop was co-hosted by the Global Business and Human Rights Scholars Association.

In 2011, Ewing co-founded the Teaching Business and Human Rights Forum, a unique platform for collaboration among individuals teaching business and human rights worldwide. The Forum has grown to include more than 300 members teaching business and human rights at some 150 institutions in 40 countries.

The Forum’s in-person Teaching Workshops provide an opportunity for teachers to learn from one another and share their experiences in the classroom. This year’s Workshop featured thematic sessions on “Teaching BHR and Environmental Rights,” “Emerging BHR Topics,” and “Current Developments in Tools for Accountability,” and discussions on “Launching a BHR Curriculum” and “Classroom Strategies for Teaching BHR.”

Ewing has taught the course Transnational Business and Human Rights at Columbia University since 2001. In 2019, he launched an advanced seminar – Managing Human Rights –  at Columbia Law School. In the Classroom Strategies session, led by Ewing, he noted that

“We are at the point in the evolution of the discipline in which a comprehensive BHR curriculum would include an introductory course covering core topics, more advanced electives on specific topics, as well as clinical offerings that emphasize experiential learning.”

The Teaching Forum has proven to be a valuable resource promoting BHR education worldwide. More than 140 universities have added BHR courses or content to their curricula in the past decade. The multi-disciplinary subject is now being taught at schools of business, law and policy worldwide. Teaching Forum resources have been especially helpful for professors trying to make the case to their universities for creating new BHR courses, as well as for individuals already teaching the subject seeking to add new topics or teaching materials to their courses.

Ewing also edits the Teaching BHR Handbook (BHRHandbook.org), an online resource for teachers. For more information about the Teaching BHR Forum, visit TeachBHR.org.

Opinion: The Dangers of Indirect Calls to Violence

This post was originally published in the Daily Kos, a progressive political opinion site.

It was also reprinted under the title “Is Trump Responsible for the Violence?” on the leading corporate communication site CommPro.Biz.

 

by Helio Fred Garcia

The French philosopher and writer Voltaire warned that those who can make us believe absurdities can make us commit atrocities.

We have seen this phenomenon play out in all parts of the world for the nearly 300 years since Voltaire first warned us. And sadly, we see it playing out in the United States now.

I have spent nearly four decades studying leadership, language, power, and the intersection of neuroscience, anthropology, and influence. Most of my work has been in the service of helping good leaders become better leaders. But sometimes my work calls on me to send up a flare; to warn others of what I see happening and about to happen. Events of the last few weeks compel me to send up such a flare.

Genuine leaders understand the consequences of their words and actions and take responsibility when they see that they are having a dangerous impact. Self-absorbed leaders do not.

Stochastic Terrorism

There’s a phenomenon well known to those who study violent extremism and authoritarianism: the use of mass communication to inspire lone wolves to commit acts of violence. About six years ago it got the name Stochastic Terrorism, named for a principle in statistics about seemingly random things still being predictable.

Stochastic terrorism doesn’t make a direct call to violence. Rather, it leads people to take matters into their own hands. So stochastic terrorist violence is statistically predictable, even if it will not predict that a particular individual will commit a particular act against a particular person.

A Clear but Indirect Danger

The First Amendment protects free speech but not calls to violence that create a clear and present danger to people. But stochastic terrorism is insidious because it is a clear but indirect, yet still predictable, danger.

The Stochastic Terrorism Playbook

In the weeks just before the 2018 mid-term elections we saw President Trump use many elements of the stochastic terrorism playbook, that were amplified by conservative media and by Trump supporters who were running for office.

These include:

  • Dehumanizing populations. This includes referring to groups of people as vermin who are infesting the country. And carrying disease – in this case including diseases that have already been eradicated or are very rare, such as smallpox and leprosy. But still scary.
  • Claiming that an entire population is a threat.  From his first day in the race, Trump defined Mexicans as rapists, gang members, and criminals. Candidate Trump also called for the total and complete ban of Muslims entering the country. And on his second day in office he passed an executive order, later overturned by the courts, banning people from seven primarily-Muslim countries. What the singling out of these groups, and others, have in common is that they create an Other — a group to rally against.
  • Labeling an ordinary thing a serious threat. President Trump labeled a rag-tag group of impoverished men, women, and children walking north seeking asylum a Caravan. Note that seeking asylum is legal. And the people were more than a thousand miles away at the time, and on foot. Despite this, he further said that the Caravan is invading the country. Hence the very word Caravan (always capitalized) became itself a menacing word, repeated across all forms of communication — in speeches, in social media, and on television news headlines. He called the Caravan a national emergency. He  also called to mobilize the military to prevent its arrival. And this wasn’t even the first time he had used the Caravan scare. He did it in April as well. That group of migrants fizzled out before most of them reached the border.  Those who arrived sought asylum.  We should have recognized the pattern.
  • Attributing vague menacing identities to that group. For example, the claim that the Caravan has been infiltrated by a number of middle easterners.
  • Saying that something is part of an evil conspiracy. In this case that the Caravan is funded by George Soros, which is white supremacist code for an international Jewish conspiracy. Note that the first bomb received in late October was sent to George Soros. Followed by an attack on a synagogue by a person driven by an urgent need to prevent Jews from bringing in refugees in order to kill Americans.

Within a single week in late October we saw tangible evidence of such rhetoric inspiring violence.

  • A bomber attempted the largest assassination of political leaders in the history of the U.S., sending bombs through the mail to more than a dozen people who had each been the target of President Trump’s vitriol. Thankfully, none of the devices exploded, and all were retrieved. But authorities found the names of nearly 100 Trump critics on the bomber’s target list.
  • A gunman attacked a Pittsburgh synagogue during worship, killing eleven and wounding many more. He posted online about “Jewish infestation.” In the hours before the attack, making reference to a more than century-old refugee resettlement agency, he tweeted, “HIAS likes to bring invaders that kill our people. I can’t sit by and watch my people get slaughtered. Screw your optics, I’m going in.” During the attack he yelled “All Jews must die!”
  • A gunman tried to penetrate a Louisville black church but found the doors locked, and instead went into a neighboring Kroger’s store and murdered two black customers there.

There are likely to be further such acts.

Birtherism

Former First Lady Michelle Obama this week, in interviews about her forthcoming memoir, described her reaction to Donald Trump’s birther campaign, which put him on the political map for the 2016 presidential campaign. For years before and during his presidential campaign Trump persistently insisted that Barack Obama was born in Kenya, and therefore was not a legitimate president. Trump refused to acknowledge Obama’s Hawaii birth certificate, and frequently made other claims that challenged Obama’s legitimacy as president.

In her book Michelle Obama writes that this campaign was

“deliberately meant to stir up the wingnuts and kooks. What if someone with an unstable mind loaded a gun and drove to Washington? What if that person went looking for our girls? Donald Trump, with his loud and reckless innuendos, was putting my family’s safety at risk. And for this, I’d never forgive him.”

This is a vivid example of stochastic terrorism at work.

Plausible Deniability is an Essential Part of Stochastic Terrorism

The stochastic terrorist uses inflammatory rhetoric in the full expectation that it will trigger someone somewhere to act out in some way. But there is also plausible deniability built in. The stochastic terrorist can deny that he or she had anything to do with the violence that occurs. Indeed, President Trump falls back on this frequently, including in the aftermath of the bombs sent to people he had criticized. The Washington Post reported,

“Trump told reporters later that he did not think he bears blame for the alleged crimes ‘No, not at all,’ Trump said as he left the White House for a political rally in North Carolina. ‘There’s no blame, there’s no anything,’ Trump said.”

But Why Do People Believe Absurdities?

So why do people believe absurdities, which is a precursor to committing atrocities?

The Pittsburgh gunman believed deeply that Jews were importing refugees to kill “our people.”  There was no evidence that Americans were being killed by refugees. But evidence didn’t matter. There was no evidence that the migrants walking north were infected with smallpox and leprosy, claims repeated frequently by conservative media. President Trump even called members of the Caravan “young, strong men” but also said that they were diseased. Why would people believe such easily refutable claims?

To answer that question we need to recognize that the rise of Donald Trump is not a cause but rather a consequence.

It is the predictable result of decades of degradation of political discourse. This degradation was facilitated by a media more interested in grabbing an audience’s attention than in covering issues.  The worst part is that we should have seen it coming.

In fact, we could have seen it coming if we had known what to look for. We should have known.

Even now as the frightening reality is finally being recognized, we seem to be grappling only with the symptom of the problem — what Trump says — without recognizing that there’s a greater challenge that will continue regardless of how we address the immediate problem.

We can solve the Trump problem but still be as vulnerable to another authoritarian figure who energizes the disenfranchised, the angry, and the scared to similar effect.

Orwell Called It

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In 1946 George Orwell published Politics and the English Language. That brief essay served as the nonfiction treatment for what two years later would become Orwell’s Nineteen Eighty-Four

Most educated Americans are familiar with Nineteen Eighty-Four. This popular novel is based in a dystopian future. The nation is in a continuous state of war. The intrusive and authoritarian government keeps people uninformed, and uses political language that is intentionally misleading. So the Ministry of Peace wages war. The Ministry of Truth controls all information, news, propaganda, and art. The Ministry of Plenty rations food. Our term “Orwellian” refers to the use of language to convey the opposite of reality.

1984first

But most educated Americans are not familiar with the essay that served as the novel’s basis. Sadly, Politics and the English Language helps us understand the current state of the American body politic, and it isn’t pretty.

Says Orwell:

“In our time, political speech and writing are largely the defense of the indefensible.”

“Political language – and with variations this is true of all political parties… –  is designed to make lies sound truthful and murder respectable, and to give an appearance of solidity to pure wind.”

The problem arises when politicians use language in a disingenuous way, asserting things they don’t necessarily believe and making arguments that may sound compelling but that logically don’t make sense.

“The great enemy of clear language is insincerity. When there is a gap between one’s real and one’s declared aims, one turns, as it were instinctively, to long words and exhausted idioms, like a cuttlefish squirting out ink. In our age there is no such thing as ‘keeping out of politics.’ All issues are political issues, and politics itself is a mass of lies, evasions, folly, hatred and schizophrenia. When the general atmosphere is bad, language must suffer.”

However damaging individual instances of political language, of insincere speech, or of intentionally misleading statements may be, it’s the effect of these that causes harm.

The central idea in Politics and the English Language is this:

  • Political speech has the effect of reducing citizens’ critical reasoning skills….
  • …This creates a self-perpetuating cycle…
  • …where as people become less discerning they become more susceptible to political speech…
  • …which further diminishes their critical reasoning skills…
  • …and so on…
  • …and so on…
  • …until a fully uninformed public creates conditions for authoritarian government to thrive.

A Cause Can Become an Effect, And So On: It’s The Cycle That Matters

Presentation4The key idea, though, is the relationship between cause and effect.

Orwell notes that an effect can become a cause, and a cause can become an effect. It’s the cycle that matters. In the end the result is a citizenry that remains intentionally ignorant of the issues that matter, unaware of what is happening to them, and easily manipulated by politicians.

“But if thought corrupts language, language can also corrupt thought. A bad usage can spread by tradition and imitation, even among people who should and do know better.”

“Now, it is clear that the decline of a language must ultimately have political and economic causes: it is not due simply to the bad influence of this or that individual writer. But an effect can become a cause, reinforcing the original cause and producing the same effect in an intensified form, and so on indefinitely. A man may take to drink because he feels himself to be a failure, and then fail all the more completely because he drinks. It is rather the same thing that is happening to the English language. It becomes ugly and inaccurate because our thoughts are foolish, but the slovenliness of our language makes it easier for us to have foolish thoughts.”

The predictable result of this cycle is a citizenry that is easily manipulated. It becomes immune to persuasion by evidence and reasoning. And it doesn’t notice the multiple contradictions all around.

Candidate Donald Trump following the Nevada primary, February 24, 2016


Choosing Ignorance:
Identity-Protective Cognition Thesis

Five years ago Orwell’s argument that political language causes a decline in critical thinking was supported by research by professors at Yale, Cornell, Ohio State, and the University of Oregon.  Their study,  Motivated Numeracy and Enlightened Self-Government, showed that math problems that seem to be about benign topics are easily solved by people with strongly held political views. But when the same math problems are framed in terms of polarized political issues — in this case, gun rights — both progressive-and-conservative-leaning participants have a very hard time getting the math right.

The authors conclude that

“Subjects [use] their quantitative-reasoning capacity selectively to conform their interpretation of the data to the result most consistent with their political outlooks.”

A 2011 essay in Mother Jones by Chris Mooney on the neuroscience of political reasoning helps us understand why this is so.  The piece begins with seminal research from the early fifties by famous Stanford psychologist Leon Festinger, who concluded:

“A man with conviction is a hard man to change. Tell him you disagree and he turns away. Show him facts or figures and he questions your sources. Appeal to logic and he fails to see your point.”

Mooney explains:

“Since Festinger’s day, an array of new discoveries in psychology and neuroscience has further demonstrated how our preexisting beliefs, far more than any new facts, can skew our thoughts and even color what we consider our most dispassionate and logical conclusions.”

“This tendency toward so-called “motivated reasoning” helps explain why we find groups so polarized over matters where the evidence is so unequivocal: climate change, vaccines, “death panels,” the birthplace and religion of the president, and much else. It would seem that expecting people to be convinced by the facts flies in the face of, you know, the facts.”

Emotion Trumps Logic

Humans are not thinking machines. We are feeling machines, who also think. We don’t think first; we feel first. What we feel determines what thinking will be possible. This is sometimes known as motivated reasoning.

As described by Chris Mooney in Mother Jones:

“The theory of motivated reasoning builds on a key insight of modern neuroscience: Reasoning is actually suffused with emotion (or what researchers often call “affect”). Not only are the two inseparable, but our positive or negative feelings about people, things, and ideas arise much more rapidly than our conscious thoughts, in a matter of milliseconds—fast enough to detect with an EEG device, but long before we’re aware of it.”

“That shouldn’t be surprising: Evolution required us to react very quickly to stimuli in our environment. It’s a “basic human survival skill,” explains political scientist Arthur Lupia of the University of Michigan. We push threatening information away; we pull friendly information close. We apply fight-or-flight reflexes not only to predators, but to data itself.”

“We’re not driven only by emotions, of course—we also reason, deliberate. But reasoning comes later, works slower—and even then, it doesn’t take place in an emotional vacuum. Rather, our quick-fire emotions can set us on a course of thinking that’s highly biased, especially on topics we care a great deal about.”

“We have seen this trend for several decades, where for political expediency citizens have been conditioned to not trust any source of news that includes conclusions contrary to those consistent with a political point of view.”

This is likely to be intensified when the news media is seen to be both purveyors of fake news and enemies of the people, two themes President Trump continuously emphasizes. This results in his followers choosing not to believe anything written in such media.

We Apply Fight-or-Flight Reflexes Not Only to Predators, But to Data Itself

Such citizens, who reflexively flee from the facts, are unlikely to be aware of, or even care about, contradictions. Simultaneously holding two contrary positions, the very definition of absurdity, would ordinarily dismiss someone as not to be taken seriously. But in the political world such contradictions seem not to matter.

In such an environment citizens literally are unable to notice absurdities. But the same part of the brain, the Amygdala, that causes the flight response also causes the fight response.  So any intruder is seen to be worthy of a fight.  And violence tends to ensue.

Within a week of Trump calling for a ban of all Muslims entering the country we saw a rash of attacks on mosques and on people perceived to be Muslim or Arab.  We have seen people removed from his rallies while being taunted by Trump from the podium, calling for his supporters to punch the person being removed in the face. In the aftermath of the white supremacist rally in Charlottesville in August, 2017, which President Trump refused to condemn, we saw dis-inhibition in the workplace. People who previously would have kept their racist or anti-immigrant or anti-Semitic opinions to themselves felt emboldened to act out, treating colleagues and customers with insult, rudeness, exclusion, and even violence.

The New York Times reported last month,

“The hate in the United States came into full view last year as white supremacists marched in Charlottesville, Va., with lines of men carrying torches and chanting, “Jews will not replace us.” Swastikas and other anti-Semitic graffiti have been cropping up on synagogues and Jewish homes around the country. Jews online are subjected to vicious slurs and threats. Many synagogues and Jewish day schools have been amping up security measures.

The Anti-Defamation League logged a 57 percent rise in anti-Semitic incidents in the United States in 2017, compared to the previous year — including bomb threats, assaults, vandalism, and anti-Semitic posters and literature found on college campuses.

Are the Calls to Violence Intentional or Merely Reckless?

Plausible deniability is built into the dehumanizing of groups, making it difficult to draw a clear line between a particular act of speech and a particular act of violence. Some, including the president’s allies, could conclude that President Trump is not making such statements with the intention of people committing violence. Rather, he’s speaking his mind and cannot be held accountable if some crazy person takes matters into his own hands.

Contrast today with 10 years ago. Late in his 2008 run for president Senator John McCain saw the crowd crying for blood, and was admonished by people he respected about the likely effect of his rhetoric. He took those admonitions seriously, and he dialed it down. As a responsible leader does.

The book Game Change: Obama and the Clintons, McCain and Palin, and the Race of a Lifetime, by John Heilmann and Mark Halperin, describes Senator McCain’s moment of awakening. Senator McCain and his running mate, Alaska Governor Sarah Palin, had used harsh language to de-legitimize Senator Obama. Governor Palin persistently declared that Obama “palled around with terrorists.”

Game Change reports:

“As the election barreled toward its conclusion, something dark and frightening was unleashed, freed in part by the words of the McCains and Palin. At rallies across the country, there were jagged outbursts of rage and accusations of sedition hurled at Obama. In Pennsylvania and New Mexico, McCain audience members were captured on video and audio calling the Democrat a “terrorist.” In Wisconsin, Obama was reviled as a “hooligan” and a “socialist.

With the brutish dynamic apparently on the verge of hurtling out of control, a chagrined McCain attempted to rein it in. In Minnesota, when a man in the crowd said he would be afraid to raise a child in America if Obama were elected, McCain responded, “He is a decent person and not a person you have to be scared of as president.” A few minutes later, he refuted a woman who called Obama “an Arab.”

 

Senator McCain heard from two of his heroes: civil rights legend Congressman John Lewis, and life-long Republican and former Joint Chiefs Chair and Secretary of State Colin Powell.

Game Change reports:

McCain’s efforts to tamp down the furies were valorous, though they did nothing to erase his role in triggering the reaction in the first place. The civil rights hero John Lewis, whom McCain admired enormously, compared the Republican nominee and his running mate to George Wallace and said they were “playing with fire.”

Civil Rights Legend, Representative John Lewis (D-GA)

Another prominent African American was watching with alarm. Colin Powell had been friends with McCain for twenty-five years. The senator had been actively seeking his endorsement (as had Obama) for nearly two years. Powell warned McCain that his greatest reservation was the intolerant tone that seemed to be overtaking the Republican Party. McCain’s selection of Palin bothered Powell because he saw her as polarizing. He was dismayed by Mc-Cain’s deployment of Ayers as an issue, perceived it as pandering to the right.

And then there were the hate-soaked rallies, which he considered anti-American. This isn’t what we’re supposed to be, he thought.

Powell had leaned toward staying neutral, but these outbursts were all too much—and McCain had moved only belatedly to stop them. Obama, by contrast, had displayed terrific judgment during the financial crisis, Powell thought. And his campaign had been run with military precision; the show of overwhelming force struck the general as a political realization of the Powell Doctrine. On October 19, he endorsed Obama on Meet the Press.

Colin Powell endorses Senator Barack Obama on Meet The Press

The general’s repudiation was a stinging blow for McCain. Beyond their longtime friendship, Powell represented the same brand of Republicanism as McCain’s. Tough on defense. Fiscally prudent. Pragmatic and nondoctrinaire. McCain had to wonder what had become of him if his current incarnation was repelling someone like Powell. He was startled by the crazies at his rallies. Who were they? Why were they there? And what did they see in him? In the final two weeks of the race, McCain began to try to salvage something of his reputation.

He put away the harshest of the personal invective against Obama and went back to talking about the economy, rash spending, and Iraq.”

Leaders Choose Responsibility

Senator McCain saw the unintended consequences of his fiery rhetoric and stopped. As a responsible leader does. Leaders choose responsibility, even if there is not a direct line between what they say and the violence or threatened violence that ensues.

There are two possible conclusions about President Trump’s incitement of violence. Either it is intentional or it is reckless. Either he wants the violence, or he doesn’t care about the violence. Neither absolves him of responsibility. Indeed, it may be even more frightening if the violence is not his intention, but that he is indifferent about it.

The poet TS Eliot gave us a way to understand this.

TS Eliot

He said,

“Half the harm that is done in this world is due to people who want to feel important. They don’t mean to do harm; but the harm does not interest them. Or they do not see it, or they justify it because they are absorbed in the endless struggle to think well of themselves.”

But whether intentional or merely the result of indifference, the victims of violence experience it as real. And an effective leader would stop.

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Please note: Helio Fred Garcia is executive director of Logos Institute for Crisis Management and Executive Leadership and is on the adjunct faculties of both New York University and Columbia University where he teaches, among other things, ethics. But the views expressed here are solely his own and not necessarily reflective of any other entity.

 

Anthony Ewing Addresses Business and Human Rights Forum in Bogotá

Logos Senior Advisor Anthony Ewing is speaking this week in Bogotá, Colombia at the Business and Human Rights Forum: Goals and Challenges, a conference organized by the Ponitificia Universidad Javeriana Law School and the Government of Colombia’s Presidential Office on Human Rights.

(Ponitificia Universidad Javeriana Law School)

Anthony’s talk addresses the importance of teaching “business and human rights” at law schools worldwide. Anthony has taught the subject at Columbia Law School since 2001 and co-directs the Teaching Business and Human Rights Forum, a global platform for collaboration among teachers.

Logos Participates in Religions for Peace Board Meeting

Religions for Peace is the world’s largest and most representative multi-religious coalition, advancing common action among the world’s religious communities for peace. Logos Consulting Group has advised Religions for Peace as a pro bono publico client for more than 15 years, and Logos president Helio Fred Garcia has served on its Board of International Trustees for the past six years.

The global Religions for Peace network comprises a World Council of senior religious leaders from all regions of the world; six regional inter-religious councils and more than 90 national ones; and the Global Women of Faith Network and Global Interfaith Youth Network.

 

L to R: Bishop Gunnar Stalsett, Bishop Emeritus of Oslow, Church of Norway, and Honorary President of Religions for Peace; Metropolitan Emanuel Adamakis, Vice President, Conference of European Churches; Cardinal Raymundo Assis, Archbishop Emeritus of Aparecida, São Paulo, Brazil.

 

In mid-October 2017 Religions for Peace held its annual meeting of its World Council of religious leaders and its Board of International Trustees, as a strategy planning session for the next World Assembly of Religions for Peace, in 2019.

Dr. William H. Vendley, Secretary General of Religions for Peace, briefing the meeting on the current state of Religions for Peace.

 

The meeting was held in the American Academy in Rome, Italy.

The theme of the meeting was “Advancing a Moral Alliance Among the World’s Religions for an Integral Ecology,” using a phrase that Pope Francis coined in a recent encyclical on the environment, Laudato Si’. The meeting began with a private audience with His Holiness, Pope Francis, in the Vatican.

His Holiness addressing the Religions for Peace World Council of Religious Leaders and Board of International Trustees in the Vatican

 

In his address to the Religions for Peace World Council and Board, His Holiness said,

“I express my esteem and appreciation for the work of Religions for Peace. You provide a valuable service to both religion and peace, for religions are bound by their very nature to promote peace through justice, fraternity, disarmament, and care for creation.

There is a need for a common and cooperative effort on the part of religions in promoting an integral ecology. The religions have the wherewithal to further a moral covenant that can promote respect for the dignity of the human person and care for creation.

Thanks be to God, in various parts of the world we have any number of good examples of the power of inter-religious cooperation to oppose violent conflicts, to advance sustainable development and to protect the earth. Let us continue along this path.”

Logos president Helio Fred Garcia meeting His Holiness, Pope Francis at the beginning of the Religions for Peace Board meeting.

 

The Vatican played a central role in the meeting, through the offices of Cardinal Jean Louis Tauran, President of the Pontifical Council for Inter-Religious Dialogue, a part of the Roman Curia, the Vatican’s administrative body.

L to R: Sheikh Shaban Ramadhan Mubaje, Grand Mufti, Uganda Muslim Supreme Council; Cardinal Jean Louise Tauran, President, Pontifical Council for Interreligious Dialogue, the Vatican; Ayatollah Dr. Seyyed Mostafa Mohaghegh Damad, Dean, Department of Islamic Studies, Academy of Sciences, Iran; Bhai Sahib Mohinder Singh, Chairman, Guru Nanak Nishkam Sewak Jatha, UK, Kenya, India.

 

The two-day meeting featured substantive planning of critical issues to be addressed in the next World Assembly of Religions for Peace, held every seven to nine years, that brings together more than 2,000 religious leaders from all major faith communities in the world.

L to R: Dr. Jeffrey Sachs, Trustee, Professor, Columbia University, and Special Advisor, UN Secretary-General on Sustainable Development Goals; Sheikh Shaban Ramadhan Mubaje, Grand Mufti, Uganda Muslim Supreme Council;Bishop Gunnar Stalsett, Bishop Emeritus of Oslow, Church of Norway; Cardinal John Onaiyekan, Archbishop of Abuja, Nigeria; Religions for Peace Secretary General Dr. William Vendley; and Mrs. Christine Brown, Trustee, and Chair, Institute of Healthy Air, Water, and Soil, Louisville, Kentucky.

 

The planning meeting in mid-October, 2017 included working groups in three separate work streams:

  • Conflict transformation: the use of religious leadership and religious community to stop violence being conducted in the name of religion; to prevent conflicts from occurring in the first place; and to create social conditions for peace and stability in otherwise unstable parts of the world. Religions for Peace acknowledges the reality that religion is all-too-often being misused in support of violent threats to Peace – by extremists, by unscrupulous politicians, by the sensationalist media, and others. Through the years Religions for Peace has amassed a record of successful engagement in a number of conflict areas, including: Bosnia-Herzegovina, Kosovo, Sierra Leone, Liberia, Ethiopia, Eritrea, Kenya, Burundi, Somalia, Uganda, Rwanda, Democratic Republic of Congo, Uganda, South Africa, Sri Lanka, the Mano River and Great Lakes African sub-regions, Thailand, the Philippines, Myanmar, Iraq, Israel and Palestine, and Syria.

    Ayatollah Dr. Seyyed Mostafa Mohaghegh Damad, Dean, Department of Islamic Studies, Academy of Sciences, Iran, denouncing ISIS and others who hijack the identity of Islam to commit violence, and calling for all Islamic leaders to denounce violence in the name of Islam.


  • Sustainable development: equipping religious leaders and communities with the necessary resources and knowledge to address critical issues of health and well-being, education, climate action, and distribution of resources to reveal the potential inherent in all human communities. Extreme poverty threatens peace and human flourishing by depleting health, perpetuating existing inequalities, and jeopardizing access to basic human rights.

Jeffrey Sachs, Trustee, Professor, Columbia University and Special Advisor, UN Secretary-General on Sustainable Development Goals, addressing the challenges of sustainable development.

 

  • Protecting the earth: addressing climate change, safe drinking water, and other environmental challenges. Religions for Peace is faced with a clear moral imperative to respond to threats to the planet. For the world’s major religions, care for the earth is a religious obligation. Working with top climate scientists and development experts, Religions for Peace has developed and deployed climate sensitive advocacy and action training materials across its global networks as well as implemented multi religious initiatives in partnership with other concerned entities—especially the United Nations Sustainable Development Solutions Network and the Vatican.

Logos President Helio Fred Garcia presenting a strategic path for religious leaders and communities to protect the earth.

 

Each working group developed a statement of problem, a proposed path forward to engage the world’s religious communities, and actionable steps to take between now and the World Assembly to show the impact that multi-religious cooperation can have on each of these challenges.

L to R Religions for Peace International Co-Moderators, Dr. Vinu Aram, Director, Shanti Ashram, India; Rev. Kosho Niwano, President-Designate, Rissho Kossei-kai, Japan.

These recommendations will now become part of the work coordinated by Religions for Peace’s International Secretariat, based at the United Nations in New York, and will be implemented through the six regional and more than 90 national inter-religious councils in the Religions for Peace network over the next two years. Results from that work will form the policy agenda for tenth World Assembly of Religions for Peace in 2019.

The Religions for Peace World Council of Religious Leaders, Board of International Trustees, and invited civic and foundation leaders, at the American Academy in Rome

 

Business and Human Rights: Lessons for Managing the Trump Presidency

The Trump administration’s January 27th executive order banning refugees and certain legal immigrants from entering the United States galvanized businesses into action. Companies immediately affected by the ban, like airlines, scrambled to manage the impact on their customers. U.S.-based companies with global operations and diverse workforces, like Coca-Cola, Ford, Goldman Sachs, Google and Nike made forceful public statements opposing the ban. Technology and media companies expressed concern for their employees and operations. Starbucks announced plans to hire 10,000 refugees. Companies like Amazon and Microsoft joined the State of Washington’s successful lawsuit challenging the legality of the immigration ban. Apple and more than 125 other companies signed a brief defending the nationwide restraining order. Even companies that have not addressed the impact of the ban publicly are managing its fallout. From assisting affected employees to fielding inquiries from concerned employees and others, few large enterprises could avoid addressing the federal government’s sudden attempt to close U.S. borders to certain groups of people, targeting refugees and Muslims.

The immigration ban is the first of many ethical dilemmas companies will confront under this administration.

Trump signing order January 27The Trump administration brings unprecedented levels of uncertainty for businesses. The immigration ban is the first of many ethical dilemmas companies will confront under this administration. Trump’s controversial proposals include detaining and deporting all undocumented residents of the United States, including children; and creating a Muslim registry. Corporate boards, CEOs and their advisors are asking themselves how the most extreme Trump proposals would affect their company’s people, customers and communities, and how their company should respond. Companies prefer not to address these questions on the fly.

Well-managed companies anticipate risks to their business and plan accordingly. It is no surpsrise that some of the global brands moving quickly to defend the rights of their employees, customers and communities against harmful executive action on immigration in the United States have been working for years to integrate human rights considerations into their global operations. Nike, Starbucks, Coca-Cola, Google, Ford and Microsoft have all faced human rights challenges in the past – from child labor to complicity with abusive security forces to government censorship – and have drawn management lessons from their mistakes. Companies reacting to the immigration ban are pursuing many strategies used by companies seeking to meet their human rights responsibilities, but without articulating any conceptual framework for their actions.

The business and human rights movement provides a roadmap for managing business risks under Trump. Executives and managers looking for a conceptual framework to organize their responses to Trump’s policies, and road-tested tools to manage them, can apply the corporate responsibility to respect human rights to their United States operations.

The Corporate Responsibility to Respect Human Rights

The business and human rights movement provides a roadmap for managing business risks under Trump. 

UNGPs CoverBusiness and human rights” is a management discipline that has emerged over the past three decades. An international benchmark, the United Nations Guiding Principles on Business and Human Rights (2011) (PDF), reflects the working consensus among business, governments and civil society on what companies can do to meet their corporate responsibility to respect human rights. Specifically, companies must:

  • Avoid causing or contributing to adverse human rights impacts through their own activities, and address such impacts when they occur; and
  • Seek to prevent or mitigate adverse human rights impacts that are directly linked to their operations, products or services by their business relationships, even if they have not contributed to those impacts.

To meet this standard, companies have adopted human rights policies, are conducting due diligence to understand the human rights impacts of their operations and business relationships, and finding ways to prevent, mitigate and remedy adverse human rights impacts.

CablammetchMost attention has focused on the human rights impacts of multinationals outside their home countries, typically in places where corporate activity is connected to human rights violations – like child labor, human trafficking and torture – and where legal accountability for perpetrators and remedies for victims are lacking. The most familiar examples are sweatshops in global apparel supply chains and complicity with abusive security forces by oil and mining companies, but advocates have shined a spotlight on the human rights impacts of companies in sectors ranging from agriculture and consumer products to healthcare and technology.

Business and Human Rights under Trump

The business and human rights landscape in the United States shifted dramatically with the election of Donald Trump.

Dodd FrankThe business and human rights landscape in the United States shifted dramatically with the election of Donald Trump.

The prospect of stronger U.S. government action to protect individuals from corporate misconduct has vanished. One of the final initiatives of the Obama administration in December 2016 was the release of a U.S. National Action Plan on Responsible Business Conduct describing the federal policies and governmental expectations for the conduct of U.S corporations operating abroad, including their responsibility to respect human rights consistent with the UN Guiding Principles. Corporate accountability advocates are rightly concerned that the Trump administration will fail to consistently implement the laws and policies contained in the National Action Plan. The ideology and policy prescriptions of Trump’s advisors and cabinet, abetted by Republicans in Congress, means the likely weakening of protections for consumers, workers, and communities against corporate abuses under federal U.S. law, especially concerning the activities of U.S. companies abroad. Regulations of corporate conduct are more likely to be stripped than strengthened. (One exception may be the issue of tax avoidance, for which companies could face greater scrutiny if Trump’s rhetoric becomes policy.) The modest federal human rights reporting requirements enacted during the past decade, like the conflict mineral provisions of the Dodd-Frank Act, are already targeted for elimination. The Trump regime may even stop prosecuting companies for bribing foreign officials under the Foreign Corrupt Practice Act. Advocates will have to rely on other tools to promote corporate responsibility for human rights impacts.

TIMOTHY A. CLARY/AFP/Getty ImagesAbsent government enforcement, voluntary corporate action has become the backstop for meeting the corporate responsibility to respect human rights in the United States. The policy shift in Washington may be good news for business executives who subscribe to a “profits at all costs” business model. It is deeply troubling, however, for the business leaders, managers and employees who know that business success in the long run (beyond the next earnings cycle) is inextricably tied to meeting the expectations of customers, investors and employees that companies demonstrate corporate responsibility, their so-called “license to operate.” Leading companies, especially those companies that have integrated compliance and human rights standards into the way they do business, are unlikely to make bribery or human rights violations part of their business plans. Unethical executives will be less likely to get caught, but responsible companies will continue to comply with the spirit of the UN Guiding Principles. U.S. federal regulators may be instructed to look the other way when companies do harm, but the corporate responsibility spotlight now shines brighter than ever on business operations in the United States.

In a complete role reversal, business leaders may need to mobilize to hold the U.S. government accountable for protecting human rights and obeying the Constitution. U.S. companies face the real prospect of human rights violations connected to their operations much closer to home. Multinationals operating in the United States will be asked to demonstrate that they are respecting human rights whenever U.S. government policies fall short of international standards, and significantly, if government actions violate the United States Constitution. Businesses will also face pressure, as they are right now regarding the immigration ban, to deploy corporate resources as a check on the U.S. government.

Rights under Threat

The corporate responsibility spotlight now shines brighter than ever on business operations in the United States.

Internationally recognized human rights threatened by proposed actions of the Trump administration include the rights to non-discrimination; to recognition and equality before the law; to protection from arbitrary arrest and from interference with privacy; to personal security; to freedom of opinion and expression; to freedom of thought, conscience and religion; to political participation; and to freedom of association. These rights, defined under international law in the Universal Declaration of Human Rights and international human rights and labor treaties, are the focus of corporate efforts to manage their human rights impacts outside the United States. Other rights that have received less attention by most companies may now come into play, such as prohibitions of “propaganda for war” and “advocacy of national, racial or religious hatred that constitutes incitement to discrimination, hostility or violence” (ICCPR, Article 20), and the right of “ethnic, religious or linguistic minorities” to “enjoy their own culture, to profess and practice their own religions, or to use their own language.” (ICCPR, Article 27). The Trump campaign and administration have demonstrated a willingness to engage in such tactics in the United States, and to target minorities.

The Corporate Responsibility to Respect the U.S. Constitution

U.S. ConstitutionCompanies operating in the United States should consider the U.S. Constitution together with the international human rights instruments to define their potential human rights impacts. Most internationally recognized human rights are protected in some form under United States law at the federal, state and/or local level. The United States Constitution’s Bill of Rights, for example, enumerates rights including the free exercise of religion (First Amendment): the freedoms of speech, of the press, and of assembly (First Amendment); freedom from unreasonable searches and seizures (Fourth Amendment); the right to vote (Fifteenth, Nineteenth, Twenty-Fourth, Twenty-Sixth Amendments); and the rights to citizenship, due process and equal protection of the law (Fourteenth Amendment).

Companies can add “US Constitutional rights” to human rights principles as another lens through which they manage the impacts of their operations in the United States.

Companies can add “US Constitutional rights” to human rights principles as another lens through which they manage the impacts of their operations in the United States. If federal, state or local authorities in the United States engage in systematic discrimination; target individuals or groups for harassment based on national origin or religion; curtail press freedoms; seek to arrest undocumented individuals; separate children from their families; or arbitrarily restrict the right to vote; their actions or omissions are likely to be both unconstitutional and violate international human rights.

Human Rights Impact Management

In the Trump era, companies must exercise due diligence to identify, prevent and mitigate the domestic human rights impacts of their operations and business relationships in the United States.

Due DiligenceCompanies can manage the risks of contributing or being connected to government actions that violate human and Constitutional rights using the same concepts and tools that apply a human rights lens to their non-U.S. operations. In the Trump era, companies must exercise due diligence to identify, prevent and mitigate the domestic human rights impacts of their operations and business relationships in the United States.

If U.S. government action violates rights, companies must take steps not to cause or contribute to any of the human rights impacts, and must be prepared to respond appropriately when any of these scenarios touch their people, products, or partners.

Companies should be prepared to do five things to manage their human rights impacts and meet their responsibilities to respect rights under Trump:

1.  Protect employees.

EmployeesWhen government actions threaten or harm employees, companies must act to support and protect them. The priority for companies in the wake of the immigration ban has been to identify affected employees, ensure their safety, and provide assistance, such as travel, legal and financial support. Providing employees with clear, accurate information about the immigration ban and its impact, so that individuals can take action to protect themselves and their families, is a first step companies can take to meet their responsibility to employees. Employees are the stakeholder group companies can help most directly, but businesses must also consider how to support and protect others connected to their particular business, such as customers, business partners and the communities where they operate.

2.  Avoid complicity.

Rally Against the Immigration Ban (32487627352)Companies must ensure that they are not contributing to rights violations in any way. A practical first step for businesses is to apply international standards for effective human rights due diligence, such as human rights impact assessments, to their corporate operations and business relationships in the United States. Airlines that refuse to allow passage to refugees in the wake of the immigration ban, for example, are at risk of complicity with violations of the right to seek asylum under international law. Particularly important will be corporate relationships with the U.S. government, its agencies and the Trump administration. CEOs serving as advisors to the Trump administration are already attracting extra scrutiny from customers and rights advocates. If the Trump administration were to attempt to detain all undocumented residents of the United Sates or to create a national registry based on religious belief, companies should not provide information nor supply products or services that would foreseeably contribute to rights violations.

Once a company understands how its operations, products or relationships are connected to potential or actual rights violations in the United States, the business must act to cease or prevent its own violation or contribution, and use its leverage to prevent and mitigate violations by others. Exercising leverage may take the form of challenging rights violations or opposing harmful policies. Companies connected to human rights violations committed by government security forces outside the United States have intervened with government authorities seeking to prevent the violations, promoted standard-setting and training initiatives to prevent future violations, and have ended business relationships to ensure they are not connected to violations. U.S. companies are beginning to use their leverage, individually and collectively, to prevent and mitigate the impact of the immigration ban. One can imagine scenarios in which companies refuse to provide goods or services to U.S. government agencies violating rights, or in the case of non-U.S. companies, pull out of the U.S. market altogether if the violations are sufficiently severe.

3.  Mitigate harmful impacts.

NondiscriminationWhen companies are unable to stop harmful policies and actions by others, they can seek to mitigate the negative impact on their employees, customers, business partners and communities. Companies have sought to comply with the spirit of international human rights standards outside the United States by protecting rights “within the factory walls.” Brands sourcing from factories in China, for example, where independent trade unions are banned, have promoted the creation of factory worker councils to bring concerns over working conditions to management. Businesses must consider ways to ensure that their U.S. workplaces provide safe spaces where individual rights are protected. Adopting workplace policies reinforcing a commitment to non-discrimination and prohibiting the harassment of any individual based on national origin or immigration status is one concrete way to meet the corporate responsibility to respect rights.

4.  Challenge rights violations.

Companies must obey the laws wherever they operate, yet the corporate responsibility to respect human rights goes beyond legal compliance. What is lawful may still violate an individual’s rights. Challenges arise for companies when local law or its enforcement conflicts with international standards. Companies must be prepared to challenge government actions that are unconstitutional or violate human rights.

Tech CompaniesIn countries where laws explicitly contradict international human rights standards, companies have found ways to minimize their connection to human rights violations by others. In China, Brazil and elsewhere, for example, foreign technology firms have insisted upon valid judicial orders before acquiescing to demands from government officials to turn over personally identifiable user information for questionable purposes. Companies may face similar situations in the United States if asked by law enforcement authorities to turn over personal information related to their employees’ or customers’ national origin, immigration status or religious beliefs. Businesses can exhaust all available legal processes, as Apple successfully refused to collaborate with the FBI to unlock encrypted iPhones, and challenge the legality of government actions in court, as some companies are now doing in opposition to the immigration ban. Companies can also communicate publicly about government actions that violate rights, using transparency to highlight actual and potential rights violations. Since 2009, for example, Google has published a “Transparency Report” with data on government requests to hand over user data, and how the company responds. Companies will need to be more transparent about what the U.S. government under Trump asks them to do, and the likely consequences of compliance.

5.  Oppose harmful policies.

Google CEOCompanies in diverse sectors are speaking out against the immigration ban. In response to government actions targeting Muslims, immigrants and refugees, companies are directing corporate resources toward organizations defending these groups and their rights. Multinational companies have learned that the corporate responsibility to respect human rights often requires advocating for governments to fulfill their own human rights obligations. Companies have criticized rights violations by governments around the world and opposed harmful government policies privately, publicly and in partnership with others through business associations, coalitions and advocacy networks. More businesses will need to become public rights advocates in the United States. 

Starbucks-refugee-cupCorporate advocacy is most effective when it reinforces company values. U.S. companies in recent years have publicly opposed state laws in the United States that would permit discrimination based on sexual preference. Since the election, U.S. companies have spoken out to let their stakeholders know where they stand on the most extreme Trump proposals.

When engaging in public advocacy on rights issues in the United States, companies will need to overcome any cultural reluctance to speak out publicly. This will seem even riskier because Trump has embraced the “naming and shaming” of individual companies to advance his political agenda. Companies at the center of the business and human rights movement, however, understand that customers, employees and investors often view corporate silence in the face of rights violations as tacit complicity.

Human rights impact management accounts for all of these strategies.

The discipline that accounts for all of these strategies is human rights impact management, an approach that more and more business leaders may now embrace to effectively manage the Trump administration. What is your company doing to meet its corporate responsibility to respect rights in the United States?

Anthony P. Ewing (aewing@logosconsulting.net) is a Senior Advisor at Logos Consulting Group and a Lecturer at Columbia Law School, where he teaches business and human rights.

New Resource: Teaching Business and Human Rights Handbook

A common challenge for the growing community of individuals teaching business and human rights (BHR), at universities and within companies alike, is finding the most relevant teaching resources and sharing what works in the classroom.

More than 140 universities have added BHR courses or content to their curricula in the past decade. The multi-disciplinary subject is now being taught at schools of business, law and policy worldwide.

Logos Senior Fellow Anthony Ewing is helping fellow BHR teachers and trainers find resources for teaching the most common business and human rights topics through the recently launched online Teaching Business and Human Rights Handbook. (BHRHandbook.org)

Teaching BHR Member Map.1

More than 140 universities have added BHR courses or content to their curricula in the past decade.

Teaching BHR Member Map.1Anthony contributed a teaching note and has edited the Handbook since its launch earlier this year.

In the Handbook introduction, Ewing notes that:

“Methods for teaching business and human topics are as diverse as the individuals teaching the subject, and the students studying it. Teaching a multidisciplinary subject allows for creative pedagogy. Many business and human rights instructors are experimenting with alternatives to traditional lectures and classroom discussion, such as simulations, role-playing exercises, debates, clinical work and online courses. Instructors are sharing comparative teaching strategies for different students in different geographies. Corporate training is producing even more customized approaches to covering the subject matter for executives, managers and employees.”

The Handbook has published five topics to date. Each “teaching note,” authored by an expert who has taught the subject, provides a brief overview of the topic, describes approaches for teaching business, law and policy students, and identifies relevant teaching resources, such as readings, videos, cases and exercises.

Teach BHR Handbook Logo

Handbook teaching notes include:

Introducing the UN Guiding Principles on Business and Human Rights
by Anthony Ewing (Lecturer, Columbia Law School)

Mandatory Human Rights Reporting
by Erika George (Professor of Law, S.J. Quinney College of Law, The University of Utah)

Human Rights Impact Assessment
by Mark Wielga (Director, Nomogaia)

OECD National Contact Point Complaints
by Elizabeth Umlas (Lecturer, University of Fribourg)

Shared Value and Human Rights
by Björn Fasterling (Professor of Law and Business Ethics, EDHEC Business School)

Handbook notes currently in the pipeline will cover topics including: Corporate Human Rights Policy Commitments, Human Rights Due Diligence, the “Business Case” for Human Rights, and “Big Data” and Human Rights.

The Teaching Business and Human Rights Handbook is a project of the Teaching Business and Human Rights Forum, a platform for collaboration among individuals teaching BHR, which Ewing co-founded in 2011.

For more about his work, please contact Anthony Ewing at: aewing@logosconsulting.net.

Jefferson Lives! Fourth of July Teachable Moment

by Helio Fred Garcia

To my Students: A Fourth of July teachable moment on framing —  starting with why — and career management, on the 240th birthday of the United States of America.

On June 7, 1776, the Second Continental Congress, meeting in Philadelphia, voted to separate from England; our own Brexit.

It passed a resolution put forward by Richard Henry Lee of Virginia, declaring, in part: “These colonies are, and of right ought to be, free and independent states.”

The Declaration of Independence, by John Turnbull

The Declaration of Independence, by John Turnbull

Who Writes The First Draft?

On June 11 Congress named a committee, known as the Committee of Five,  to write the announcement.  That committee included John Adams of Massachusetts, Ben Franklin of Pennsylvania, Roger Sherman of Connecticut, Robert Livingston of New York, and Thomas Jefferson of Virginia.

The committee initially asked Adams to write the first draft.  But Adams, 41, considered himself a statesman and thought the work beneath him.  So he suggested that Jefferson, 33 and a rising star, take the first draft.

Writing the Declaration by JLG Ferris

Writing the Declaration by JLG Ferris

According to the biography John Adams: A Life by John Ferling, Jefferson was confused by Adams’ suggestion:

“Jefferson asked, “Why will you not? You ought to do it.”
To which Adams responded, “I will not – reasons enough.”

That didn’t satisfy Jefferson, who insisted,

“What can be your reasons?”
And Adams responded, “Reason first, you are a Virginian, and a Virginian ought to appear at the head of this business. Reason second, I am obnoxious, suspected, and unpopular. You are very much otherwise. Reason third, you can write ten times better than I can.”

Adams may or may not have been sincere.

Jefferson yielded.

“Well,” said Jefferson, “if you are decided, I will do as well as I can.”
Adams concluded, “Very well. When you have drawn it up, we will have a meeting.””

There is no evidence that such a meeting took place. There is evidence that Franklin, then in his 70s, edited Jefferson’s draft carefully.

Start With WHY

So Jefferson took on the task. But instead of simply listing the grievances against the King, Jefferson, who knew a lot about persuasion, decided to start with WHY — First, with a meta-WHY, why a Declaration of Independence, as opposed to simply an account of the vote? And second, the WHY of separation.

First, WHY the Declaration:  Jefferson wrote that in such circumstances,

“a decent respect to the opinions of mankind requires that they should declare the causes which impel them to the separation.”

A Decent Respect for the Opinions of Mankind

Think about that for a moment: A DECENT RESPECT for the opinions of mankind.  That’s the foundation of public relations — and of all civil government.  This usually-overlooked opening to the Declaration is in many ways as important as what follows.  It creates accountability and sets a standard — what reasonable people would appropriately expect a responsible provisional government to do when it decides to leave.

Second, WHY the separation: First principle: All are equal.  Second principle: Fundamental rights are life, liberty, and pursuit of happiness.  Third principle: Government exists to secure these rights.

Move to HOW

And then the HOW: When government fails to do so, it is the right of the people to alter or abolish that government.

Heady stuff.

Of course, it was more aspirational than normative, as Lincoln pointed out 87 years later. We’re still trying to get it right.

Finishing the Draft

Draft of the Declaration, with Franklin's and others' edits

Draft of the Declaration, with Franklin’s and others’ edits

Jefferson’s draft was powerful but wordy.  Franklin edited it; the Committee of Five submitted it; the Congress tweaked it more.

The Declaration was ratified on July 2, and published on July 4.

DOI Final

The Broadside Edition of the Declaration of Independence, published on July 5, 1776.

Note that of the 1,338 words of the Declaration, the first 1,180 are all about the WHY and the HOW.

The WHAT, the text of the actual resolution of the Congress, appears only in the last paragraph and consists of only 127 words:

“We, therefore, the Representatives of the united States of America, in General Congress, Assembled, appealing to the Supreme Judge of the world for the rectitude of our intentions, do, in the Name, and by Authority of the good People of these Colonies, solemnly publish and declare, That these United Colonies are, and of Right ought to be Free and Independent States; that they are Absolved from all Allegiance to the British Crown, and that all political connection between them and the State of Great Britain, is and ought to be totally dissolved; and that as Free and Independent States, they have full Power to levy War, conclude Peace, contract Alliances, establish Commerce, and to do all other Acts and Things which Independent States may of right do.”

And the Declaration closes with the final 31 words:

“And for the support of this Declaration, with a firm reliance on the protection of divine Providence, we mutually pledge to each other our Lives, our Fortunes and our sacred Honor.”

Rivals and Friends

John Adams as the second President of the United States

John Adams as the second President of the United States

Adams never quite got over missing the chance to get credit for the Declaration.  He went on to become the first Vice President and second President; Jefferson to be the first Secretary of State and third President.

TJ

Thomas Jefferson as the third President of the United States

History continues to view Jefferson — with all his flaws and contradictions — more favorably than Adams.

The two were fierce political rivals until both left office; then they became fast friends, frequently corresponding with each other (as only former presidents can do).

But Adams continued to envy Jefferson.

And both died on the same day, exactly 50 years after the Declaration was published, on July 4, 1826, exactly 190 years ago today.

According to legend, Adams, on his deathbed and unaware that Jefferson had died several hours earlier, lamented that Jefferson would outlive him.

He uttered this deathbed regret:

“Jefferson Lives!”

Of course, he was right.

 

Below, for reference, the final version of the Declaration of Independence.

……………………………………..

IN CONGRESS, July 4, 1776.

The unanimous Declaration of the thirteen united States of America,

When in the Course of human events, it becomes necessary for one people to dissolve the political bands which have connected them with another, and to assume among the powers of the earth, the separate and equal station to which the Laws of Nature and of Nature’s God entitle them, a decent respect to the opinions of mankind requires that they should declare the causes which impel them to the separation.

We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.–That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed, –That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness. Prudence, indeed, will dictate that Governments long established should not be changed for light and transient causes; and accordingly all experience hath shewn, that mankind are more disposed to suffer, while evils are sufferable, than to right themselves by abolishing the forms to which they are accustomed. But when a long train of abuses and usurpations, pursuing invariably the same Object evinces a design to reduce them under absolute Despotism, it is their right, it is their duty, to throw off such Government, and to provide new Guards for their future security.–Such has been the patient sufferance of these Colonies; and such is now the necessity which constrains them to alter their former Systems of Government. The history of the present King of Great Britain is a history of repeated injuries and usurpations, all having in direct object the establishment of an absolute Tyranny over these States. To prove this, let Facts be submitted to a candid world.

He has refused his Assent to Laws, the most wholesome and necessary for the public good.
He has forbidden his Governors to pass Laws of immediate and pressing importance, unless suspended in their operation till his Assent should be obtained; and when so suspended, he has utterly neglected to attend to them.
He has refused to pass other Laws for the accommodation of large districts of people, unless those people would relinquish the right of Representation in the Legislature, a right inestimable to them and formidable to tyrants only.
He has called together legislative bodies at places unusual, uncomfortable, and distant from the depository of their public Records, for the sole purpose of fatiguing them into compliance with his measures.
He has dissolved Representative Houses repeatedly, for opposing with manly firmness his invasions on the rights of the people.
He has refused for a long time, after such dissolutions, to cause others to be elected; whereby the Legislative powers, incapable of Annihilation, have returned to the People at large for their exercise; the State remaining in the mean time exposed to all the dangers of invasion from without, and convulsions within.
He has endeavoured to prevent the population of these States; for that purpose obstructing the Laws for Naturalization of Foreigners; refusing to pass others to encourage their migrations hither, and raising the conditions of new Appropriations of Lands.
He has obstructed the Administration of Justice, by refusing his Assent to Laws for establishing Judiciary powers.
He has made Judges dependent on his Will alone, for the tenure of their offices, and the amount and payment of their salaries.
He has erected a multitude of New Offices, and sent hither swarms of Officers to harrass our people, and eat out their substance.
He has kept among us, in times of peace, Standing Armies without the Consent of our legislatures.
He has affected to render the Military independent of and superior to the Civil power.
He has combined with others to subject us to a jurisdiction foreign to our constitution, and unacknowledged by our laws; giving his Assent to their Acts of pretended Legislation:
For Quartering large bodies of armed troops among us:
For protecting them, by a mock Trial, from punishment for any Murders which they should commit on the Inhabitants of these States:
For cutting off our Trade with all parts of the world:
For imposing Taxes on us without our Consent:
For depriving us in many cases, of the benefits of Trial by Jury:
For transporting us beyond Seas to be tried for pretended offences
For abolishing the free System of English Laws in a neighbouring Province, establishing therein an Arbitrary government, and enlarging its Boundaries so as to render it at once an example and fit instrument for introducing the same absolute rule into these Colonies:
For taking away our Charters, abolishing our most valuable Laws, and altering fundamentally the Forms of our Governments:
For suspending our own Legislatures, and declaring themselves invested with power to legislate for us in all cases whatsoever.
He has abdicated Government here, by declaring us out of his Protection and waging War against us.
He has plundered our seas, ravaged our Coasts, burnt our towns, and destroyed the lives of our people.
He is at this time transporting large Armies of foreign Mercenaries to compleat the works of death, desolation and tyranny, already begun with circumstances of Cruelty & perfidy scarcely paralleled in the most barbarous ages, and totally unworthy the Head of a civilized nation.
He has constrained our fellow Citizens taken Captive on the high Seas to bear Arms against their Country, to become the executioners of their friends and Brethren, or to fall themselves by their Hands.
He has excited domestic insurrections amongst us, and has endeavoured to bring on the inhabitants of our frontiers, the merciless Indian Savages, whose known rule of warfare, is an undistinguished destruction of all ages, sexes and conditions.

In every stage of these Oppressions We have Petitioned for Redress in the most humble terms: Our repeated Petitions have been answered only by repeated injury. A Prince whose character is thus marked by every act which may define a Tyrant, is unfit to be the ruler of a free people.

Nor have We been wanting in attentions to our Brittish brethren. We have warned them from time to time of attempts by their legislature to extend an unwarrantable jurisdiction over us. We have reminded them of the circumstances of our emigration and settlement here. We have appealed to their native justice and magnanimity, and we have conjured them by the ties of our common kindred to disavow these usurpations, which, would inevitably interrupt our connections and correspondence. They too have been deaf to the voice of justice and of consanguinity. We must, therefore, acquiesce in the necessity, which denounces our Separation, and hold them, as we hold the rest of mankind, Enemies in War, in Peace Friends.

We, therefore, the Representatives of the united States of America, in General Congress, Assembled, appealing to the Supreme Judge of the world for the rectitude of our intentions, do, in the Name, and by Authority of the good People of these Colonies, solemnly publish and declare, That these United Colonies are, and of Right ought to be Free and Independent States; that they are Absolved from all Allegiance to the British Crown, and that all political connection between them and the State of Great Britain, is and ought to be totally dissolved; and that as Free and Independent States, they have full Power to levy War, conclude Peace, contract Alliances, establish Commerce, and to do all other Acts and Things which Independent States may of right do

And for the support of this Declaration, with a firm reliance on the protection of divine Providence, we mutually pledge to each other our Lives, our Fortunes and our sacred Honor.

 

Promoting Business and Human Rights in Practice and in the Classroom

“The rapid development of this field is remarkable”, Logos Senior Fellow Anthony Ewing tells law students at Columbia University, where he has taught Transnational Business and Human Rights since 2001. “I guarantee you will encounter these issues early on in your careers, whether you advise corporate clients, advocacy organizations, or government policymakers.”

That was not always true.

As Ewing has written,

“When companies operating in China adopted the first corporate human rights codes of conduct in the aftermath of Tiananmen Square in 1989, business managers and human rights advocates could scarcely speak the same language. By 2011, when Egyptian demonstrators filled Tahrir Square, business people and advocates alike framed the human rights issues at stake in the shared language and concepts of corporate human rights responsibilities. In just over twenty years, the field of business and human rights had come into its own.”

Anthony Ewing-2

Along the way, for the past fifteen years, Anthony has contributed to the development of business and human rights as both a field of practice, and a field of study. As a business advisor, he helps companies to engage stakeholders, conduct due diligence, and implement policies and programs to manage the risk of adverse human rights impacts. As an academic member of the United Nations Global Compact Human Rights and Labour Working Group, Anthony works to identify and disseminate corporate responsibility best practices. He has also served as an independent corporate responsibility expert for the International Labour Organization, evaluating a program to eliminate child labor from the production of soccer balls in Pakistan.

Ewing has also contributed to the field through his teaching, writing and promotion of business and human rights education. Most recently, Anthony authored a chapter on mandatory human rights reporting for the new textbook, Business and Human Rights: From Principles to Practice, published last month by Routledge.

9781138833562

Five years ago, Ewing co-founded the Teaching Business and Human Rights Forum, a platform for collaboration among individuals teaching business and human rights worldwide. The Forum has grown to include more than 225 members teaching business and human rights at some 115 institutions in 28 countries. Next week, the Forum’s sixth annual Teaching Business and Human Rights Workshop at Columbia University will bring together Forum members teaching at business schools, at law schools, and at schools of public policy.

Teaching Handbook Screen Shot

One project of the Teaching BHR Forum, aimed at connecting teachers with resources for teaching the most common business and human rights topics, is an online Teaching Business and Human Rights Handbook. Anthony contributed the first teaching note, on Introducing the UN Guiding Principles and Business and Human Rights, and is leading the effort to recruit faculty to author additional Notes.

“Promoting business and human rights education in every setting, and teaching it effectively, has the potential — not only to help companies meet their responsibilities and improve business performance — but to strengthen the enjoyment, protection and provision of human rights for everyone,” says Ewing.

For more about his work, please contact Anthony Ewing at: aewing@logosconsulting.net.