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For years, former Ticino FDP member of the Council of States Dick Marty (75) has been fighting for corporations to get more on the sidewalk. His signature was always stamped below the petition letters that the Corporate Responsibility Initiative Committee sent regularly. But in the heated phase of the coordination battle, the head behind the corporate responsibility initiative grows thin.
There are hardly any public appearances by Marty, calls and texts mostly come to nothing. Even when the initiators beat the drums on their initiative at a press conference in Bern today, Dick Marty’s seat remained empty. Instead of sitting at the lectern, the former Ticino canton prosecutor sat in the office and made a statement via Skype.
Marty: “I’m optimistic”
Marty doesn’t have to hide. Support for the initiative is, to the great concern of his opponents, excellent. With SVP Unterwallis, a section of the SVP recently approved the slogan yes.
The closer the voting date gets, the more nervous the opposing sides get. And the uglier the discussion gets. Marty accused Justice Minister Karin Keller-Sutter at the press conference of spreading false news. “I am optimistic that we will succeed in educating people about the misinformation provided by the Federal Councilor and opponents,” he said.
Gossip about SMEs
One of the great points of contention is the extent to which the initiative affects not only multinational corporations, but also small businesses. Opponents, including Keller-Sutter, warn that the initiative will hurt SMEs and thus the Swiss economy as a whole.
The initiators vehemently deny it. On the contrary, SMEs would benefit from the concern, said the Council of States of the SP Zurich, Daniel Jositsch (55), as Marty, co-chair of the initiative committee. With the initiative, the few corporations that today are fighting for human rights and environmental standards would be held accountable. “And that benefits all Swiss companies that are currently at a competitive disadvantage because they do business correctly.”
The initiators also reject the argument that the initiative would hold corporations accountable for something they are not to blame. Violations of human rights and environmental standards are part of the business model of some corporations, said Chantal Peyer of the aid organization Bread for All. Marty also accepts the accusation that the initiative is colonialist because the Swiss courts have to judge facts abroad. “Isn’t it more a colonial attitude if a human life is valued less in Namibia than in Switzerland?” He asked rhetorically.
The law comes anyway
Proponents also claimed that corporate responsibility is a major issue not only in Switzerland but also internationally. In other countries, companies are already responsible for human rights abuses committed by their daughters, Marty said. It is also in line with the recommendations of several international organizations of which Switzerland is a member, such as the Council of Europe. A supply chain law is also being planned in the EU. “If you say no here, we will have a proposal from the Federal Council in one or two years, because we are locked in an international corset,” Jositsch said.
Jositsch does not think about the counterproposal, which goes much less far than the initiative and, for example, does not foresee any responsibility. However, the fact that it was passed shows that even the Federal Council and Parliament accepted that there was a problem. “And when we have a problem, we have to solve it.”
500,000 francs for the final drink
The initiators announced that they would hit the maximum again in the last weeks before the vote. Thousands of supporters had requested more than 800,000 postcards to announce yes to friends and acquaintances. In addition, a voting newspaper will reach homes.
In October, the committee once again asked for donations in a letter. Now it’s about “all or nothing”. At least half a million Swiss francs is needed for the final momentum of the vote, “so that the population does not worry and we also succeed in increasing the number of classes.”
On November 29, Switzerland will vote on the Corporate Responsibility Initiative. He wants Swiss-based companies to be held liable if they, their subsidiaries, or other foreign-controlled companies violate human rights or environmental standards. As part of a due diligence process, companies must identify potential risks in the future and take appropriate countermeasures. This duty of care applies to all companies in the supply chain.
On the other hand they are the Federal Council and Parliament. They argue that a yes would be only for Switzerland, which would mainly damage the location of the business. The no-camp includes CVP, FDP and SVP, as well as business associations, especially the umbrella organization Economiesuisse. They fear a weakening of Swiss companies, the withdrawal of SMEs from developing countries, too much bureaucracy and exorbitant lawsuits.
Thus Joining the more than one hundred non-governmental organizations that have taken the initiative, the SP, Greens, GLP, EPP and BDP. There is also a civil committee with representatives from CVP and FDP.
BLICK answers the most important questions about the initiative here.
If the initiative is rejected, not everything remains the same: then the indirect counterproposal takes effect. Unlike the initiative, here you already know exactly what would change. However, it is not too much.
Large companies would be obliged to present a report once a year in which they account for respect for human rights or environmental standards. The counterproposal dispenses with the controversial liability regulation. Therefore, the companies still cannot be brought before a Swiss court for serious human rights violations and environmental scandals by their subsidiaries abroad.
Companies only have to do due diligence if they are dealing with conflict minerals like gold or tungsten or if there is a risk of child labor. Exceptions are provided for SMEs. The Federal Council assumes that a few hundred companies would be affected by the new rules.
