Daily News

Business or human rights?

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A BILLBOARD of a runny- nosed, dour- faced girl framed by Glencore’s sprawling zinc mine in Peru greets commuters at Zurich’s main train station with an ominous slogan: “Water contaminat­ed. Child poisoned. Commoditie­s firm liable.”

As the only large mining firm based in Switzerlan­d, Glencore has become the unwilling poster child of a campaign to change the constituti­on so Swiss companies are liable at home for human rights abuses or environmen­tal harm they cause abroad.

Voters will now choose in a referendum on Sunday between the new proposals and a milder government version that would force firms to step up checks on their overseas operations and supply chains but stops short of extending liability to Swiss courts.

In a campaign that has polarised the nation, the government and multinatio­nals say the Responsibl­e Business Initiative goes too far, while activists, religious groups and various political factions say Switzerlan­d risks falling behind other countries in tackling progressiv­e social and economic issues without it.

Glencore says the accusation­s levelled against it by the campaign are misplaced and wrong. Since taking a majority stake in 2017 in the Cerro de Pasco mine, Glencore said it had done much to address concerns about pollution from the site which occurred before it took over.

“It hurts us to see these accusation­s,” Glencore chief executive Ivan Glasenberg told Swiss newspaper NZZ .

Swissholdi­ngs, which represents Swiss multinatio­nals such as pharmaceut­ical giants Novartis and Roche, food company Nestlé and Glencore, says it is self- evident the issues raised by the initiative need to be addressed.

But it says the proposed measures could push up compliance costs and legal risks for companies to the point where they shun some parts of the world, potentiall­y leaving businesses in the hands of firms that may not take the same precaution­s.

“The worst that could happen would be that people like us who are at the forefront of sustainabi­lity are forced to move out of certain geographie­s because of a law that has a good purpose but is poorly executed,” said Antoine de Saint- Affrique, chief executive of Swiss chocolate maker Barry Callebaut.

Switzerlan­d has become one of the world’s leading commercial centres, partly thanks to its business- friendly laws, regulation­s and low taxes.

Yet with three days to go, polls suggest the companies and the government are losing the argument.

A survey by Swiss broadcaste­r SRF showed 57% of those polled backed the responsibl­e business initiative over the government proposal.

The government says it supports the ethos of the initiative but that its version is in line with internatio­nal standards as it leaves foreign subsidiari­es and suppliers economical­ly controlled by multinatio­nals liable for their own damage, usually in foreign courts.

An EU proposal could bring in even more stringent liability laws for companies in the bloc, while countries such as France, Britain and Canada have already enacted laws on liability for human rights in business concerns.

In Switzerlan­d, the initiative could lead to sharper scrutiny of the country’s commoditie­s hub and the institutio­ns that finance it, investors and NGOS in Switzerlan­d and abroad said.

Raid, an NGO in London which exposes corporate wrongdoing, submitted a complaint against Glencore to the Organizati­on for Economic Cooperatio­n and Developmen­t in September. It says a spill at an oilfield in Chad owned by Petrochad Mangara, a Glencore subsidiary, caused injuries and environmen­tal damage. Glencore denies wrongdoing. Under the Swiss initiative, it would have to show that it took measures to alleviate the spill and any harm caused, if a lawsuit were filed in Switzerlan­d.

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