Community Development and CSR: Managing Expectations & Balancing Interests The 8 th Risk Mitigation and CSR Seminar Canada-South Africa Chamber of Business Tuesday, October 16, 2012
Introduction OBJECTIVE: Establish and maintain a strong social license to operate in compliance with law and best practices SPECIFIC CHALLENGE: To mitigate corruption risks attendant to community development projects and avoid allegations that social support for project was obtained through improper means (i.e. bribery)
Outline MEETING THE CHALLENGE: 1. What is Bribery? 2. Adopt a Strategic Approach Business Objectives Local Environment Set Parameters 3. Establish, Maintain and Communicate anti-corruption program Corruption risks in the delivery of Community Investment programs
What is Bribery? To authorize, offer, promise or give anything of value, whether directly or indirectly, to a government official to influence official action or to anyone to induce them to perform their work duties improperly.
What is Bribery? Foreign Bribery Corruption of Foreign Public Officials Act (CFPOA) Foreign Corrupt Practices Act (FCPA) UK Bribery Act 2010 EU (Criminal Law Convention of Corruption) Division 70 of the Criminal Code Act 1995 (Australia) Domestic Bribery Local laws Laws on-the books in most jurisdictions (whether enforced or not) Criminal Code (Canada)
What is Bribery? Key Issues Broad definition of public official (foreign and domestic) Tribal leaders may be considered public officials Aboriginal leaders included within definition of official under Criminal Code (Canada) Individuals working for state-owned enterprises (FCPA) Perception of corruption Failure to achieve buy-in from communities and other stakeholders Failure to manage stakeholder expectations
Community Investment Part of a broader exercise of managing company-community relationships Builds upon and is informed by the following: Risk Management (direct and indirect project impacts) Impact Assessments (environmental, social, human rights, conflict) Stakeholder Engagement (ongoing engagement in the broader project) Identification of stakeholders Local Community Content employment, procurement of goods and services, and assisting local vendors to become suppliers.
Community Investment Strategic Approach Take a strategic approach to community investment NOT ad hoc Develop a strategy (stated objectives, criteria, guiding principles) Determine business case; leverage core competencies Determine stakeholder priorities Align business goals with development priorities of stakeholders Shared Value Monitor, disclose, communicate on a continual basis Establish and maintain an effective anti-corruption compliance program
Strategic Approach Business Objectives Link company s community investment objectives and its business objectives. More relevant, sustainable, effective where alignment between business operations and community investment programs Better outcomes for company and local communities Deeper buy-in from company and local communities = less risk from a corruption perspective
Strategic Approach Local Environment Understand the local environment and implications for community investment. Build on: Impact assessments (environmental, social, human rights, conflict); Initial stakeholder identification; Stakeholder engagement on overall operations. Time your community investments Once major issues resolved and relations established: Corruption: community investment perceived as a pay-off
Strategic Approach Stakeholder process Establish a stakeholder process that engages and represents different groups and sub-groups of Affected Communities (Indigenous Peoples; Local Communities) Other relevant stakeholders (with an interest in project + potential partners) National and local authorities Neighbouring projects Nongovernmental organizations
Strategic Approach Stakeholder process How a company engages mitigates risk of corruption Manage engagement and consultation processes carefully Avoid consolidating decision-making power Avoid elites capturing funds and resources Undermines representation, participation and fairness Corruption issues where elites are public officials Ensure views of chosen representatives validated by wider community Verify the views of stakeholders representatives with the broader community to ensure accountability
Strategic Approach Stakeholder process Be transparent, inclusive and open Involve government, nongovernmental organizations, other key stakeholders Multi-stakeholder partnerships Shared ownership and responsibility Establish grievance process to receive complaints
Strategic Approach Set Parameters Set and document the specific parameters for community investment: Types of projects that will be supported How programs will be designed and implemented Discuss and validate parameters with all stakeholders Manage expectations of stakeholders Accountability Disclose and communicate effectively on a regular basis outcomes
Anti- Corruption Compliance Program Establish, maintain and communicate an effective anticorruption compliance program base on international conventions and guidelines (e.g. Convention on Combating Bribery of Foreign Public Officials in International Business Transactions); guidance from regulatory and enforcement officials in United States (FCPA); Canada (CFPOA); United Kingdom (Bribery Act 2010). Include specific policies and procedures governing donations, sponsorships, gifts, hospitality, entertainment and expenses, political contributions, customer travel.
Anti- Corruption Compliance Program Ensure that employees, directors, agents and business partners receive appropriate training and guidance on the organization s policies and procedures. Monitor and review anti-corruption compliance standards and procedures on a continual basis; update and adapt them as appropriate, taking into account relevant developments in the field and evolving international and industry standards, to ensure their continued effectiveness.
Anti- Corruption Compliance Program Communicate organization s anti-corruption compliance program including Code of Conduct and policies on community spending: To the public communities, stakeholders, governments Employees Agents Intermediaries Document and Communicate mitigations and improvements.
Delivery of Community Investment Programs How will the program be funded? Is the organization the only contributor? Multi-stakeholder partnership Is the program sustainable? How will funding contributions be made? Cash/stock; in-kind
Delivery of Community Investment Programs Who will receive the funds? Due diligence Any involvement of government officials? Suppliers, Vendors History of recipient organization How is accountability and oversight being maintained? Written agreement Audit Rights Termination Rights
Summary 1. Time community projects appropriately 2. Be strategic (NOT Ad Hoc) Align business objectives with community needs 3. Be transparent and systematic Establish a transparent system for community spending Disclose systematic information on criteria for projects Measure and communicate outcomes 4. Establish, maintain and communicate an effective anti-corruption program Maintain accountability and oversight over community investment programs 5. Make use of resources