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CARROTS AND STICKS – PROMOTING ... - Global Reporting Initiative

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“The vision of the Danish<br />

Government’s Action Plan on<br />

Corporate Social Responsibility<br />

is to make the Danish corporate<br />

sector internationally renowned<br />

for responsible growth. A large<br />

number of Danish businesses<br />

work determinedly on corporate<br />

social responsibility, but far too<br />

few businesses release systematic<br />

information about their initiatives.<br />

And then it is difficult for them to<br />

gain recognition for their work. So<br />

some businesses need to be better<br />

at communicating about their<br />

initiatives. Reliable communication<br />

and transparency play a key role<br />

for the businesses to reap the full<br />

benefits of their initiatives because<br />

customers, consumers, employees,<br />

investors, etc. request such<br />

communication and transparency.<br />

The government’s message is<br />

clear: the new government rules on<br />

how large businesses must report<br />

on corporate social responsibility<br />

can play an important role. We in<br />

Denmark welcome the rest of the<br />

world to a dialogue on our new<br />

law.”<br />

Carsten Ingerslev, Head of the Danish Centre<br />

for CSR, Danish Commerce and Companies<br />

Agency, Member of the GRI Governmental<br />

Advisory Group<br />

The analysis of legislation and<br />

mandatory and voluntary standards,<br />

codes and guidelines revealed the<br />

following key findings:<br />

Governments take the lead<br />

Compared to four years ago, more<br />

governments have started to make<br />

sustainability reporting mandatory.<br />

Of the more than 140 national<br />

standards identified, approximately<br />

two thirds are mandatory. Examples<br />

are Sweden’s Guidelines for external<br />

reporting by state-owned companies<br />

complementing accounting legislation<br />

and generally accepted accounting<br />

principles and Denmark’s revised<br />

Financial Statements Act, requiring<br />

CSR disclosure for large companies.<br />

This development may form part of<br />

growing interest in ‘new regulation’,<br />

variants of ‘smart regulation’ that takes<br />

a more collaborative approach and<br />

requires improved sharing of relevant<br />

information so that regulations can<br />

reflect change and promote continual<br />

improvement, amongst others based<br />

on ongoing stakeholder feedback and<br />

disclosure of performance information.<br />

In 2007 Sweden’s Ministry<br />

of Enterprise, Energy and<br />

Communications issued Guidelines<br />

for external reporting by state-owned<br />

companies. According to these<br />

guidelines, which took effect in<br />

2008, the state-owned companies<br />

are to present a sustainability report<br />

in accordance with the <strong>Global</strong><br />

<strong>Reporting</strong> <strong>Initiative</strong>’s (GRI) guidelines.<br />

Sustainability reports are to be quality<br />

assured by being independently<br />

checked and are to be published in<br />

time for the Annual General Meeting<br />

at the same time as the annual report.<br />

This action has resulted in a significant<br />

increase in sustainability reporting from<br />

Sweden’s state-owned companies.<br />

The requirement was for companies<br />

to report or explain why they could<br />

not, resulting in more than 89% of<br />

Swedish state-owned companies<br />

having issued GRI reports.<br />

In 2009 the Danish Government<br />

expanded the requirements in the<br />

Danish Financial Statements Act<br />

requiring reporting on environment<br />

and intellectual capital in the<br />

management’s review to also include<br />

CSR reporting in general. About 1,100<br />

of the largest businesses, listed<br />

companies and state-owned public<br />

limited companies are required to<br />

report on corporate social responsibility<br />

in their annual reports, or explain why<br />

they refrain from such reporting. 9<br />

The revised Act entered into force on<br />

1 January 2009 and applies to financial<br />

years beginning on 1 January 2009 or<br />

later.<br />

But governments have also become<br />

more active in issuing voluntary<br />

guidelines for sustainability or<br />

environmental reporting. They are<br />

designed to assist companies and/or<br />

public agencies themselves. Examples<br />

are the Voluntary CSR Guidelines,<br />

2009 issued by the Indian Ministry<br />

of Corporate Affairs. In December<br />

2009 India’s Ministry of Corporate<br />

9 Danish companies that are members of the UN <strong>Global</strong> Compact<br />

and issue COPs are exempt from reporting.<br />

Carrots and Sticks - Promoting Transparency and Sustainability<br />

Affairs launched voluntary guidelines<br />

for responsible business which aim<br />

to add value to the operations and<br />

contribute towards the long term<br />

sustainability of the business. These<br />

guidelines also aim to enable business<br />

to focus as well as contribute towards<br />

the interests of the stakeholders and<br />

the society. Pursuant to the guidelines<br />

the companies should disseminate<br />

information on CSR policy, activities<br />

and progress in a structured manner to<br />

all their stakeholders and the public at<br />

large through their annual reports, their<br />

website and other communication<br />

media. Another example is the<br />

Environmental <strong>Reporting</strong> Guidelines,<br />

2007 issued by the Japanese Ministry<br />

of the Environment.<br />

Interestingly, many of the voluntary<br />

standards identified at the national<br />

level were issued by governments<br />

(Government Ministries). Often<br />

governments prefer to use “soft<br />

power” (Hohnen, 2007) first before<br />

they legislate. Moreover, they aim<br />

to provide guidance to companies<br />

without having to pass through a<br />

cumbersome parliamentary procedure.<br />

Soft “measures” often pave the way<br />

for harder measures, e.g. legislation.<br />

In this sense, voluntary standards are<br />

not only complementary, but they<br />

can also have a pre-law function.<br />

The review of standards, codes and<br />

guidelines in chapter five revealed<br />

almost 50 voluntary standards, codes<br />

and guidelines of different types. Not<br />

only governments issue voluntary<br />

guidelines: a substantive part of<br />

these instruments are issued by nongovernmental<br />

entities, for example<br />

industry associations or other private<br />

institutions. Examples include the<br />

RSE.COOP <strong>Reporting</strong> Guidelines<br />

Programme, 2006 issued by CEPES,<br />

a Spanish Enterprise Confederation,<br />

the guidelines for social reporting in<br />

the financial sector published by the<br />

Italian Banking Association and the<br />

European Institute for Social <strong>Reporting</strong>,<br />

or the King Code of Governance for<br />

South Africa (King III), 2009, issued by<br />

the Institute of Directors in Southern<br />

Africa.<br />

13

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