Briefing papers
Overviews of key corporate accountability issues
Who made our uniforms? U.K. Public Sector Apparel Procurement: Ensuring Transparency and Respect for Human Rights
Friday, September 28th, 2018A new report by CORE and ICAR reveals that that a third of companies that have supplied uniforms for UK public sector workers, including the armed forces and prison officers, have not reported on what they are doing to tackle slavery in their supply chains. The report, ‘Who Made Our Uniforms?’ reveals that few contractors supplying uniforms and specialist safety clothing to the UK public sector are transparent about their ethical standards and international suppliers. It recommends that the UK Government take significant steps to ensure its contractors are more transparent and are meeting their responsibilities to respect human rights.
Read the full report here.
Briefing for the Lords Debate on Executive Pay Ratio Reporting
Tuesday, July 10th, 2018This briefing was prepared by CORE and Oxfam for the Lords debate on the Companies (Miscellaneous Reporting) Regulations 2018. The Regulations create new reporting requirements for large companies. These include requirements to report on the ratio of CEO pay to the median worker pay, and worker pay at the 25th and 75th percentile. The briefing broadly welcomes the new pay ratio requirements, but urges Peers to call on the Government to set out a longer-term vision for the UK corporate governance framework and review s.172 of the Companies Act 2006 as part of these more fundamental reforms. The briefing also looks at some of the detail of the Regulations.
You can read the briefing here.
Holding Multinational Corporations to Account: Barriers and Opportunities in the Current State of Play
Monday, December 11th, 2017Multinational corporations headquartered in the UK operate via subsidiaries all over the world. When UK companies are linked to human rights abuses in the jurisdictions in which they operate it is essential that victims can still access judicial remedy, and that the UK-headquartered parent company is held to account.
Due to weak regulatory regimes in developing countries in which harms are incurred, remedy and accountability is normally possible only in UK courts. At present, there are significant barriers to justice of this kind.
In November, CORE attended a panel discussion at law firm Leigh Day on barriers to corporate accountability and developments that might provide opportunity for change. Speaking at this event was Anne Van Schaik, Sustainable Finance Campaigner at Friends of the Earth Europe, Daniel Blackburn, Director of the International Centre for Trade Union Rights, Peter Frankental, Economic Relations Programme Director for Amnesty International UK, and Daniel Leader, Partner at Leigh Day.
Using the discussion at Leigh Day, this long read offers an overview of these barriers to remedial justice in UK courts and the possible opportunities for overcoming them.
Frank Bold Report: Comparing the Implementation of the EU Non-Financial Reporting Directive in the UK, Germany, France and Italy
Sunday, December 10th, 2017This Frank Bold report analyses and compares the implementation of the EU non-financial directive in the UK, Germany, France and Italy.
The first part reviews the main trends, key differences and potential difficulties, or unexpected consequences, of the Directive. The paper then explores in more detail key substantive elements of the Directive, and how these have been dealt with by each of the surveyed states. This section includes an overview of the scope and format, environmental, social and governance (ESG) factors to report on, the information to be provided, the notion of materiality, the verification process, the basis of reporting and the consequences of non-compliance.
The paper also presents a comparative table and comprehensive analysis of the domestic transpositions of each of the four countries under review.
The Directive provides the first comprehensive framework for ESG reporting at the EU level but gives considerable leeway to Member states in the transposition process. Whilst generally the new EU-wide legislation has been a positive step, there are a number of gaps in the Directive itself, which have not been adequately addressed in the implementing legislation.
Land Intensive Corporate Activity: The Impact on Women’s Rights
Friday, November 24th, 2017Ahead of a panel discussion CORE and Womankind Worldwide are hosting at the UN Forum on Business and Human Rights, we have prepared a briefing summarising research from the Human Rights Clinic at the University of Essex, on the gender impacts of land intensive corporate activities. The full report can be found here.
The growth of overseas investment in the extraction and agri-business industries in the Global South is linked to a rise in gender-specific rights violations. These range from a loss of livelihoods, sexual violence, harassment, mass displacement and forced evictions.
The briefing considers company and state-wide policies to address gender injustice, looking at how firms can better engage women and marginalised groups through processes of consultation and properly obtained consent. It also provides recommendations to states and the EU on introducing legislation requiring companies to undertake mandatory due diligence throughout their global operations.
Lastly, it recommends that victims of corporate harms be able to access remedy in a company’s headquartered country. In doing so, it recognises that limited legal infrastructure and corruption found in some developing countries’ judicial systems can be a barrier to those pursuing justice.
Mandatory Human Rights Due Diligence: ECCJ Briefing for the European Union
Sunday, November 12th, 2017This European Coalition for Corporate Justice (ECCJ) briefing explains why the EU has both the duty and the competence to legislate for mandatory human rights due diligence. Without mandatory human rights due diligence, companies will continue to commit human rights abuses behind the ‘corporate veil’.
The EU has a treaty obligation to respect human rights because it is ‘founded on the values of respect for human dignity, freedom, democracy, equality, the rule of law and respect for human rights’.
The Union also has the competence to harmonise the company law of its member states to ensure the proper functioning of its internal market. Currently, some companies are acting more responsibly than others. Lacking EU wide legislation levelling the playing field, irresponsible companies are gaining an unfair advantage.
For these reasons, the ECCJ argues that the EU ought to legislate for mandatory human rights due diligence, using recent French legislation as its model.
Briefing for the General Debate on the Implementation of the Modern Slavery Act 2015
Wednesday, October 25th, 2017This briefing has been prepared for the Commons debate on the “Implementation of the Modern Slavery Act 2015, 26 Oct. It provides an overview of the current requirements of the Transparency in Supply Chains Clause in the Act, while documenting existing challenges of corporate reporting on modern slavery and victims’ access to justice.
The Modern Slavery (Victim Support) Bill: an opportunity to strengthen access to justice for victims
Wednesday, September 13th, 2017This briefing was prepared ahead of the Second Reading of Lord McColl’s Modern Slavery (Victim Support) Bill. It draws attention to the legal challenges modern slavery victims face in accessing remedy for the harms inflicted on them. In an effort to empower victims, it advocates for the introduction of specific civil wrongs of trafficking, slavery, servitude and forced or compulsory labour in UK legislation. This can redress injustices whilst also deterring perpetrators from accruing profits from slavery induced commodities and services.
Priorities for the next government on corporate accountability, responsible business and trade
Thursday, April 20th, 2017A General Election briefing on modern slavery, corporate governance, corporate crime and trade from Amnesty International UK, Anti-Slavery International, CORE, FLEX and Traidcraft.
Criminal Finances Bill: Briefing for House of Lords Committee stage
Monday, March 27th, 2017While we welcome the Government’s call for evidence on corporate liability for economic crime, we are concerned that the current bill is missing a major opportunity to make progress in improving the legislative framework for corporate criminal liability particularly in light of anticipated forthcoming restrictions on legislative space arising from Brexit.
The Government has acknowledged that the UK’s corporate liability regime is not fit for purpose in the 21st century, as many Peers recognised during Second Reading of the bill.
The current outdated identification doctrine needs to be replaced with a regime that reflects both the realities of modern corporations and public expectations of corporate accountability.
The Criminal Finances Bill introduces a welcome new corporate offence of failure to prevent tax evasion, but the corporate liability regime beyond bribery and tax evasion remains in crisis.
The extension of the ‘failure to prevent’ model to economic crimes such as money laundering and fraud is an essential next step. Broader corporate criminal law reform is also needed to ensure that irresponsible companies can be held liable for committing offences, not only omitting to prevent them.
Criminal Finances Bill: Briefing for the House of Lords Second Reading
Friday, March 3rd, 2017This briefing for the House of Lords Second Reading is supported by the following organisations who form part of the BOND Anti-Corruption Group and the Business Integrity Network and who are all working to ensure that UK companies can be held legally accountable for economic and broader crimes, including those committed abroad: Amnesty International, CAFOD, CORE Coalition, Corruption Watch, Global Witness, ONE, Rights and Accountability in Development (RAID), Tax Justice Network, The Corner House, Traidcraft, Transparency International UK.
The proposed amendments to the Criminal Finances Bill to create a corporate offence of failure to prevent economic crime would enable the government to fulfil its full manifesto promise and its commitment from the UK Anti-Corruption Summit to create a modern, fit for purpose corporate liability regime in the UK.
Reform would also form an important element of the Prime Minister’s commitment to “get tough on irresponsible behaviour in big business” and deal with problems of corporate impunity.
Criminal Finances Bill: Briefing for House of Commons Report Stage
Monday, February 20th, 2017This briefing is supported by the following organisations who form part of the BOND Anti-Corruption Group and the Business Integrity Network and who are all working to ensure that UK companies can be held legally accountable for economic and broader crimes, including those committed abroad: Amnesty International, CAFOD, CORE Coalition, Corruption Watch, Global Witness, ONE, Rights and Accountability in Development (RAID), Tax Justice Network, The Corner House, Traidcraft, Transparency International UK.
The proposed amendments to the Criminal Finances Bill to create a corporate offence of failure to prevent economic crime would enable the government to fulfil its full manifesto promise and its commitment from the UK Anti-Corruption Summit to create a modern, fit for purpose corporate liability regime in the UK.
Reform would also form an important element of the Prime Minister’s commitment to “get tough on irresponsible behaviour in big business” and deal with problems of corporate impunity.
Briefing for House of Commons Adjournment Debate on Corporate Governance and Social Responsibility
Wednesday, December 14th, 2016Globally, billions of people are touched by multinational companies’ international operations and supply chains. One in six workers is part of a multinational company value chain and over two billion people are affected by companies’ supply chain operations. Despite this, there are significant governance gaps that can have serious social and environmental consequences domestically and internationally, threatening the reputation of UK plc.
This briefing has been prepared for the House of Commons Adjournment Debate on Corporate Governance and Social Responsibility, 14 December 2016. It calls for companies to be required to conduct due diligence to prevent harm to people and the environment, changes to directors’ duties and corporate liability laws, making it easier to prosecute companies and directors for serious malpractice.
Briefing for House of Lords 8 Dec. debate on the case for maintaining the balance between rights and responsibilities in the corporate sector
Thursday, December 8th, 2016This briefing was prepared by CORE on behalf of our partner organisations and presents steps to ensure UK companies act responsibly. In the last decade, major companies have been linked to serious abuses around the world, giving rise to a huge financial and trust deficit.
In 2016, the UK government published a Business and Human Rights Action Plan but the voluntary measures outlined are insufficient to deter and sanction serial corporate offending. The government should now take steps to introduce legislation to prevent and punish corporate malpractice internationally; provide access to remedy for victims who have been subject to corporate abuse; and ensure criminal sanctions for companies which commit the most serious crimes.
Briefing for second reading of Modern Slavery (Transparency in Supply Chains) Bill - 8 July 2016
Wednesday, July 6th, 2016This briefing has been prepared on behalf of a coalition of human rights, development and anti-slavery civil society organisations that campaigned for the inclusions of the supply chain reporting requirement in the Modern Slavery Act. The Bill offers an important opportunity to enhance the supply chain reporting requirement in the Modern Slavery Act 2015.
The coalition welcomes the provisions that are set out in the Bill. The Bill would require commercial organisations and public bodies to include a statement on slavery and human trafficking in their annual report and accounts (Clause 1); and contracting authorities to exclude from procurement procedures economic operators who have not provided such a statement (Clause 2).
The coalition believes that if the UK Government is to continue to be an international leader on action against modern slavery, then government itself must be bound by the reporting requirement. It should also publish a list of companies that are covered by the requirement – this data exists and publishing it would assist investors, campaigners and the media in scrutinising and holding to account all companies on their slavery and human trafficking statements, not just those who are well known names.
Open letter to brands and retailers purchasing Assam tea - TEAM UP 2016
Monday, June 13th, 2016Open letter from civil society organisations to brands and retailers purchasing Assam tea attending the TEAM UP 2016 conference on tea and sustainability, regarding raising wages in Assam and request to remove litigation in the Guwahati High Court preventing updated minimum wage payments on Assam tea estates.
A "4x10" plan for why and how to unlock the potential of the OECD Guidelines
Tuesday, June 7th, 2016In June 2016, the OECD Guidelines for Multinational Enterprises (“the Guidelines)– the OECD’s flagship instrument on responsible business conduct – will celebrate its 40th anniversary. Periodic updates to the Guidelines have sought to keep them relevant and in step with changing times. The most recent update in 2011 extended the scope of the Guidelines and achieved improvements in the areas of human rights, due diligence, and value chain responsibility. Although governments adhering to the Guidelines have made a legally-binding commitment to set up National Contact Points to further their effectiveness, implementation remains patchy at best.
On the occasion of this milestone anniversary, governments must demonstrate their commitment to making the Guidelines a relevant tool for governing today’s global economy. In this briefing paper OECD Watch provides a “4 x 10” bullet-point plan highlighting four key features that give the Guidelines the potential to help ensure businesses behave responsibly. It also includes ten actions that governments must take to unlock that potential and to advance their legally binding obligations to further the effectiveness of the Guidelines.
EIA, Indigenous Groups write letter calling for removal of United Cacao Ltd. from LSE
Tuesday, May 10th, 2016In a sign-on letter sent to the London Stock Exchange’s Alternative Investment Market (AIM), over 60 indigenous organizations and NGOs from Peru, Europe, and the United States raise grave concerns related to ongoing illegal deforestation for palm oil and cacao in the Peruvian Amazon by United Cacao Limited SEZC. The groups have called for the company to be immediately removed from trading on AIM, citing the company’s breaches of AIM rules and illegal clear-cutting of Peruvian rainforest.
The letter was released during an international press conference in London on the morning of May 4, 2016 with indigenous and community leaders visiting the European Union to highlight impacts of palm oil supply chains on communities and forests. Alongside the letter, the Environmental Investigation Agency also published a detailed evidence briefing, including dozens of photos, satellite images, and primary source documents from Peruvian government entities which contradict claims made by United Cacao Ltd. and surface serious omissions of relevant information.
Civil society letter to the Member States representatives in COHOM (Working Group on Human Rights of the Council of the EU).
Thursday, April 28th, 2016On the 20 April 2016 ECCJ, Amnesty International, CIDSE, FIDH and Friends of the Earth Europe sent a letter to the Member States representatives in COHOM (the permanent Working Group on Human Rights of the Council of the EU).
The Dutch Presidency has committed to include recommendations on Business and HR in the conclusions of the Foreign Affairs Council taking place in June, offering an opportunity to move the EU and MS agendas forward. The letter aims to recall the importance and urgency of a stronger political action, and share civil society’s main recommendations on how to do that.
Beyond Compliance: Effective reporting under the Modern Slavery Act 2015
Monday, March 7th, 2016This guidance has been prepared by civil society groups that campaigned for the transparency in supply chains reporting requirement in the Modern Slavery Act 2015. It sets out our initial thinking on how companies can use the new provision to link reporting to the wider due diligence needed to eradicate human trafficking, forced labour and slavery from their supply chains.
Download the Civil Society Guidance on the Modern Slavery Act here [pdf]
UK Modern Slavery Act: Register of slavery & human trafficking corporate statements released to date
Monday, March 7th, 2016In this briefing CORE Coalition and the Business & Human Rights Resource Centre review the corporate statements on slavery and human trafficking that have been released to date to comply with the UK Modern Slavery Act. It reviews the 75 statements found, and their compliance with the Act’s reporting requirements.
Gender and Development Network submission to the review of the UK National Action Plan on Business and Human Rights
Thursday, December 17th, 2015The paper highlights the gender-specific impacts of business on women’s human rights which frequently tend to be overlooked, and makes a case for strengthening policy coherence between the UK government’s commitments on women’s rights, the business and human rights agenda, and its rapidly expanding focus on promoting the role of the private sector in development.
ECCJ reaction to the European Commission and External Action Service Staff Working Document on UNGPs implementation
Tuesday, July 28th, 2015In this briefing the European Coalition for Corporate Justice (ECCJ) reacts to the publication of the European Commission’s Staff Working Document (SWD) on the implementation of the UN Guiding Principles on Business and Human Rights (UNGPs).
Key Principles for the 2015 Review of the UK Government’s Business and Human Rights Action Plan
Friday, March 20th, 2015This paper sets out proposals for the revision and evaluation of the UK National Action Plan on Business and Human Rights, identifying priority themes and content to be considered as part of the review.
A Conflict Minerals Regulation that Works - Coalition briefing
Thursday, February 5th, 2015Strengthening the European Commission’s proposal for a “Regulation setting up a union system for supply chain due diligence self-certification of responsible importers of tin, tantalum and tungsten, their ores, and gold originating in conflict-affected and high-risk areas”
ETI & BRC on Modern Slavery Bill
Tuesday, December 9th, 2014ETI (Ethical Trading Initiative) and BRC (British Retail Consortium) welcome the Modern Slavery Bill and the UK Government’s commitment to eradicate the abuse and exploitation of workers, both in this country and globally. ETI and BRC members have focused their efforts influencing the Bill in three areas:
- Transparency in Supply Chains Clause
- Gangmasters Licensing Authority, labour inspection and enforcement of standards
- Role and remit of the Anti-Slavery Commissioner
Modern Slavery Bill - Lords 2nd reading - 13 Nov 2014
Tuesday, November 18th, 2014This briefing has been prepared on behalf of a coalition of corporate accountability, fair trade, development and anti-slavery groups who are campaigning for effective measures on supply chain transparency to be included in the Bill.
The coalition strongly supports the Government’s introduction at Report Stage in the House of Commons of a measure to address transparency in the supply chain in respect of modern slavery. However, the Bill’s amendment must be strengthened in several areas if it is to be effective, including: i) coverage, ii) minimum requirements of the provision, iii) reporting requirements, and iv) monitoring and enforcement.
Coalition briefing for Modern Slavery Bill Report Stage - 3 Nov 2014
Monday, November 3rd, 2014A coalition of corporate accountability and anti-slavery groups are campaigning for effective measures on supply chain transparency to be include in the Modern Slavery Bill.
This briefing supports, in principle, the Government’s proposed measure to address transparency in supply chains. However, the current amendment needs to set out clear principles for what companies need to report.
Robust EU legislation on responsible mineral sourcing
Tuesday, September 30th, 2014Recommendations to strengthen the European Commission’s proposal for a ‘regulation setting up a Union system for supply chain due diligence self-certification of responsible importers of tin, tantalum and tungsten, their ores, and gold originating in conflict affected and high-risk areas’
Doing Business Better - CORE's manifesto
Tuesday, September 16th, 2014Recommendations for Political Leadership on Corporate Accountability and Sustainability
The UK has taken some significant steps to address irresponsible corporate behaviour and to meet the growing expectations of ethical business standards from consumers and investors. In 2013 the UK put corporate transparency on the G8’s agenda and became the first country to release a National Action Plan to implement the UN Guiding Principles on Business and Human Rights. Political will is needed now to translate policy commitments into practical changes.
There is no shortage of opportunities to make a difference. CORE’s manifesto, Doing Business Better, lays out its expectations from government.
Summary of Recommendations
- Effective International and Regional Frameworks – The UK Government should use its influence internationally to make more progress on corporate tax avoidance and to put human rights at the centre of investment treaties.
- Policy coherence on responsible business – Citizens and Businesses are looking for clarity from government on what’s expected from companies. Genuine policy coherence will reinforce responsible business practices.
- Safer Supply Chains – Greater transparency in the supply chains of large companies will raise standards and give consumers and investors the assurances that they are looking for on social and environmental issues.
- Access to Justice for Victims of Corporate Abuse – Despite numerous allegations of UK corporate misconduct in developing countries, it remains extremely difficult for communities to hold multinationals to account. Action must be taken in the UK to address this.
The run-up to the 2015 General Election is the time for political parties to join the conversation.
Assessment of the NFR reform-short public version
Thursday, July 3rd, 2014In April 2014 the European Parliament ratified the Directive on non-financial reporting. This briefing, prepared by ECCJ, is an assessment of the EU Directive on the disclosure of non-financial information by certain large companies.
A Pattern of Abuse: Human Rights at Risk at the North Mara Mine, Tanzania
Wednesday, March 26th, 2014A briefing for investors and equity analysts from RAID (Rights and Accountability in Development), Mining Watch Canada, London Mining Network and CORE on human rights incidents at African Barrick Gold’s North Mara Mine in Tanzania.
Statement re. UK government position on EU Council negotiations on proposal for disclosure of non-financial and diversity information by certain large companies and groups - 2013/0110(COD)
Wednesday, February 5th, 2014The EU Council is currently negotiating this important proposal on how the largest companies report. We consider this reform a vital step towards improving corporate accountability and transparency, and implementing the UN Guiding Principles on Business and Human Rights.
Good Business? Analysis of the UK Government Action Plan on Business & Human Rights
Monday, December 2nd, 2013The UK broke new ground in becoming the first State to produce a National Action Plan for the implementation of the UN Guiding Principles on Business and Human Rights. In this new analysis, CORE identifies the positive proposals, the missing elements and some of the policies that are threatening to undermine the government’s stated commitment to business and human rights.
Legal Aid briefing: Lords’ report stage
Thursday, May 3rd, 2012CORE called for amendments to be made to this Bill to ensure that it would not undermine the UN Guiding Principles on Business and Human Rights. Despite this it was passed unchanged, giving irresponsible multinational corporations more power to violate the rights of poor and vulnerable communities in developing countries with impunity.
Legal Aid briefing: Lords’ third reading
Thursday, March 22nd, 2012The Legal Aid, Sentencing and Punishment of Offenders (LASPO) Bill reached its 3rd reading in the House of Lords in April 2011. CORE called for the Bill to be amended to safeguard access to justice for victims of corporate human rights abuses.
Implications of the Jackson reforms for human rights cases against multinational companies
Monday, March 5th, 2012Following a review by Lord Justice Jackson in 2009, the UK government proposed wide-ranging reforms to the costs regime for civil litigation. This briefing note explains the negative consequences of the reforms for human rights court cases against multinational corporations.
A Starter for 10
Thursday, April 21st, 2011Ten of the key issues, opportunities and discussion points on UK business, human rights and the environment, based on the premise that there is no single silver bullet to improving UK businesses’ human rights and environmental impacts.
Core Values: Why the UK needs a Commission for Business, Human Rights and the Environment
Friday, April 15th, 2011CORE is proposing a new body to address the human rights and environmental impacts of UK companies when operating abroad. Based on a detailed review of possible reforms for existing mechanisms, CORE proposes that the Government should create a specialised Commission for Business, Human Rights and the Environment that would have coordinating, capacity-building and informational roles, while also operating as a dispute resolution body.
The Companies Act 2006: Directors’ Duties Guidance
Thursday, October 25th, 2007David Chivers QC
To assist company directors to understand their obligations under the Companies Act 2006, CORE produced this guide, which pays particular attention to the new codification of the ‘duty to promote the success of the company’.
Act Now! A Campaigners Guide to the Companies Act 2006
Monday, October 1st, 2007To mark the implementation of The Companies Act, CORE and the Trade Justice Movement published ‘Act Now! A campaigners guide to the Companies Act’. The guide was sent with an open letter Prime Minister Tony Blair.
Make UK Business Work for People and Planet
Monday, September 25th, 2006CORE and TJM
This briefing offers a concise breakdown of the changes to the Companies Bill that CORE and TJM were calling for.
Modernising Company Law: meeting the stakeholders challenge
Sunday, September 25th, 2005The Corporate Responsibility (CORE) Coalition argues that UK Company Law must reflect the interests of affected stakeholders, not just shareholders.
From Red Tape to Road Signs
Monday, November 1st, 2004The Corporate Responsibility (CORE) Coalition‘Red tape’ is the common phrase used by business to argue against any form of regulation. This booklet challenges the assertions made by business and provides a better understanding of what ‘red tape’ really is.