EDC regulation

The Legal Obligations With Respect to Human Rights and Export Credit Agencies - June 23, 2006

Click here for complete paper in pdf

Prepared by Özgür Can and Sara Seck, for the ECA-Watch, Halifax Initiative Coalition and ESCR-Net

INTRODUCTION
International human rights law has traditionally focused on establishing the obligations owed by states to individuals. Much recent attention has been given to the question of whether non-state actors, such as transnational corporations, can be considered subjects of international law and as such duty bearers of international human rights obligations. However, less attention has been given to the equally significant question of whether financiers of transnational corporate activities have an obligation to ensure that the activities they support comply with international human rights norms. This paper will explore the international human rights obligations of one type of financial institution: officially supported export credit and investment insurance agencies (Export Credit Agencies or ECAs). ECAs are primarily public or publicly mandated institutions that support and subsidise national trade and investment activities, particularly in developing and emerging markets.

Event: 2006 National Roundtables - June 14 - November 16, 2006

Background | Roundtable Process | When and Where | How to Participate | Monthly Updates


Background
The Parliamentary Standing Committee on Foreign Affairs and International Trade (SCFAIT) tabled, in June 2005, a landmark report on Mining in Developing Countries and Corporate Social Responsibility (CSR).

The report recommended that the Canadian government move away from its current voluntary approach to CSR. It called for policies that condition public assistance for Canadian companies on compliance with international human rights and environmental standards, including core labour rights. The report also identified the need for legislation to hold companies accountable for their actions overseas.

The Government failed to adopt the majority of SCFAIT’s recommendations, but it did commit to hosting a series of national roundtables. These Roundtables were to identify ways for Canadian extractive companies to meet or exceed international CSR standards and best practices.

Official Comments Re: OECD 2003 Common Approaches Rev. 1 - October 27, 2003

October 27, 2003

Mr. A. Ian Gillespie
President and CEO
Export Development Canada
151 O’Connor street,
Ottawa, ON   K1A 1K3

The Hon. Pierre Pettigrew
Minister of International Trade
Department of Foreign Affairs and International Trade
125 Sussex Drive, Tower B, 5th Floor
Ottawa, ON  K1A 0G2

Re.: Draft OECD recommendation on Common Approaches on Environment and Officially Supported Export Credits: 2003 Review – Revised version 1

Dear Mr. Gillespie and Minister Pettigrew:

Thank you for giving us this opportunity to comment on the ‘Common Approaches on Environment and Officially Supported Export Credits: 2003 Review – Revised version 1’ (Rev. 1).

Letter to Trade Minister Re: EDC - May 19, 2000

May 19, 2000

The Honourable Pierre Pettigrew
Minister for International Trade

Dear Minister Pettigrew:

The federal government is considering whether changes should be made in the way that the Export Development Corporation (EDC) operates, a Canadian taxpayer-supported agency, assists Canadian business interests abroad. The choices that the federal government makes about how EDC operates will have significant social and environmental consequences.

As a Crown corporation, EDC pays no taxes, enjoys limited liability, and its credit is backed by the Canadian government. Yet it operates largely in secret. Unlike other government agencies, EDC is not subject to the Access to Information Act, and it keeps the projects it funds a secret. It has no binding standards requiring its projects to adhere to well-accepted social, environmental, labour or human rights standards.

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