Between solidarity and Obligation. Challenges for the Participation of Corporations in Symbolic Reparation Initiatives.
ISSN
978-958-59805-9-4
Type
monograph
Date Issued
2019-09
Author(s)
Abstract
In light of diverse international instruments and mainly of the UN Guiding Principles on Business and Human Rights (UNGP), adopted unanimously by the UN Human Rights Council in 2011 , efforts have been made to address the need for businesses to contribute resources in cases in which they have caused or contributed to – directly or indirectly – negative impacts on human rights.
Any business initiative that aims to provide complete reparations for damage caused to individual and/or collective victims must recognize their dignity and address particular needs in terms of re-establishing their rights. Reparation resources based on material restitution and efforts towards financial compensation can contribute, but they do not address the aspect of dignity inherent in human rights.
In contrast, forms of symbolic reparations (e.g. public apologies, commemorations, and homage to victims, etc.) are recognized as remedy mechanisms in a unique position to address the intangible emotional and moral dimension of human rights violations, and contribute effectively to the restoration of victims’ dignity.
This topic acquires particular relevance in the Colombian case, where the internal armed conflict has left more than eight million victims and constitutes a context in which one of the central factors for peacebuilding is integral reparation for grave violations of human rights and international humanitarian law (IHL). This is presented as a challenge to the definition of strategies, actions, and tools to respond to the broad demand for truth and justice.
However, in the field of business and human rights, symbolic forms of reparation continue to be little discussed. Even if theory and practice of symbolic reparations have been the subject of extensive discussion when States are involved, and particularly in transitional justice contexts, the reality and potential role of business actors in reparations has barely been explored.
The topic of business and reparations presents complex questions: Is it necessary for businesses to assume responsibility in order to carry out symbolic reparations? Is it possible to speak of symbolic reparations in terms of ethical obligations, for example, when there has not been direct responsibility for negative impacts on human rights, but such impacts have been yielded in the framework of an armed conflict? Is it possible to speak of symbolic initiatives that contribute to the reparation of victims when the initiatives have spearheaded a spirit of solidarity for peacebuilding?
This document reveals the main findings of the research carried out in Colombia, a country that offers an excellent opportunity to understand, test, and evaluate different approaches and ideas with respect to symbolic reparations by businesses, and how they can decisively contribute to peacebuilding in transitional contexts.
Similarly, the research presents a series of specific recommendations about possible involvement of the business sector in symbolic initiatives that contribute to victims’ reparations, with an emphasis on – but not limited to – commitments established in the Final Agreement for the Termination of the Armed Conflict and the Construction of Stable and Lasting Peace (Peace Agreement) signed by the Colombian government and the FARC-EP, especially point 5 establishing the Integral System of Truth, Justice, Reparation, and Non-repetition (ISTJRNR), incorporated into the Colombian judicial order through Legislative Act No. 01 of April 2017.
The report is structured into six chapters. After this introduction and the presentation of the research methodology, the third chapter briefly explores the concept of reparation, with emphasis on the participation of the business sector. Similarly, it exposes how reparations efforts have been carried out in the Colombian legislature.
The fourth chapter discusses observations obtained through desk research and interviews in the field. The fifth chapter describes the reflections suggested by the case studies and presents open questions to continue to make progress in the understanding of symbolic reparations in the business sector. Finally, the sixth chapter presents proposals for different actors to promote the participation of the business sector in symbolic reparations initiatives.
Any business initiative that aims to provide complete reparations for damage caused to individual and/or collective victims must recognize their dignity and address particular needs in terms of re-establishing their rights. Reparation resources based on material restitution and efforts towards financial compensation can contribute, but they do not address the aspect of dignity inherent in human rights.
In contrast, forms of symbolic reparations (e.g. public apologies, commemorations, and homage to victims, etc.) are recognized as remedy mechanisms in a unique position to address the intangible emotional and moral dimension of human rights violations, and contribute effectively to the restoration of victims’ dignity.
This topic acquires particular relevance in the Colombian case, where the internal armed conflict has left more than eight million victims and constitutes a context in which one of the central factors for peacebuilding is integral reparation for grave violations of human rights and international humanitarian law (IHL). This is presented as a challenge to the definition of strategies, actions, and tools to respond to the broad demand for truth and justice.
However, in the field of business and human rights, symbolic forms of reparation continue to be little discussed. Even if theory and practice of symbolic reparations have been the subject of extensive discussion when States are involved, and particularly in transitional justice contexts, the reality and potential role of business actors in reparations has barely been explored.
The topic of business and reparations presents complex questions: Is it necessary for businesses to assume responsibility in order to carry out symbolic reparations? Is it possible to speak of symbolic reparations in terms of ethical obligations, for example, when there has not been direct responsibility for negative impacts on human rights, but such impacts have been yielded in the framework of an armed conflict? Is it possible to speak of symbolic initiatives that contribute to the reparation of victims when the initiatives have spearheaded a spirit of solidarity for peacebuilding?
This document reveals the main findings of the research carried out in Colombia, a country that offers an excellent opportunity to understand, test, and evaluate different approaches and ideas with respect to symbolic reparations by businesses, and how they can decisively contribute to peacebuilding in transitional contexts.
Similarly, the research presents a series of specific recommendations about possible involvement of the business sector in symbolic initiatives that contribute to victims’ reparations, with an emphasis on – but not limited to – commitments established in the Final Agreement for the Termination of the Armed Conflict and the Construction of Stable and Lasting Peace (Peace Agreement) signed by the Colombian government and the FARC-EP, especially point 5 establishing the Integral System of Truth, Justice, Reparation, and Non-repetition (ISTJRNR), incorporated into the Colombian judicial order through Legislative Act No. 01 of April 2017.
The report is structured into six chapters. After this introduction and the presentation of the research methodology, the third chapter briefly explores the concept of reparation, with emphasis on the participation of the business sector. Similarly, it exposes how reparations efforts have been carried out in the Colombian legislature.
The fourth chapter discusses observations obtained through desk research and interviews in the field. The fifth chapter describes the reflections suggested by the case studies and presents open questions to continue to make progress in the understanding of symbolic reparations in the business sector. Finally, the sixth chapter presents proposals for different actors to promote the participation of the business sector in symbolic reparations initiatives.
Funding(s)
Symbolic Forms of Remedy for Corporate Human Rights Impacts. A Field Exploration in Colombia’s post- Peace Agreement Context.
Language
English
HSG Classification
contribution to practical use / society
Publisher
Centro Regional Empresas y Emprendimientos Responsables & Institute for Business Ethics at the University of St Gallen
Publisher place
St Gallen
Subject(s)
Division(s)
Eprints ID
258966
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Between solidarity and obligation challenges for the participation of businesses in symbolic reparation-1.pdf
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Format
Adobe PDF
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