Working Papers (African Centre for Dispute Settlement)

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Browsing Working Papers (African Centre for Dispute Settlement) by Author "Ganson, Brian"

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    Access to remedy through consensual processes
    (2018) Ganson, Brian
    A growing number of non-judicial mechanisms purport to address the grievances of individuals and communities whose human rights may be adversely impacted by a business enterprise. Whether and how such mechanisms can provide effective remedy is a topic of substantial concern. The discussion becomes particularly pointed in the many contexts in which there is no meaningful access to judicial remedy, and therefore effective remedy depends fundamentally on the consent of the company to both the process and the outcome of a non-judicial mechanism. This discussion document intends to help advance this debate in constructive ways. It first draws on a variety of formal and informal inputs to explore common themes and questions that frequently arise in discussions of remedy for negative human rights impacts through non-judicial mechanisms, seeking to illustrate the logical relationships among them and to lay the ground for identifying a way forward in a complex debate. It then briefly explores two challenges that consent-based mechanisms face that appear fundamental: their inter-dependence with adjudicative mechanisms, and the necessity that stakeholders have confidence in both their processes and their outcomes on a sustainable basis. Moving from descriptive to prescriptive mode, the discussion document recommends exploration of the possible value of guidance on the evaluation of consent-based remedy systems and outcomes. It suggests that more structured scrutiny of systems design, systems outcomes and systems governance may be one way to increase accountability for effective remedy within non-judicial mechanisms, while respecting the need for stakeholders to sustainably implement mechanisms which they agree are appropriate to and legitimate within their particular context.
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    Building municipal capacity : lessons from 'top down' and 'bottom up' state building
    (2016) Ganson, Brian
    As companies engage to help build municipal capacity in South Africa, it may be useful to situate these efforts within the experience of international attempts to drive good governance and development through ‘state building’. Analysis provides warnings about an exclusive focus on the institutions and capacities of the formal government, with attendant risks of failed projects or even perverse effects that reinforce division and increase resistance to change. It suggests that a broader lens on the society and the political economy may be necessary to conceptualize and mobilize sufficient coalitions for positive change. And it provides some guidance to companies to the specific risks and opportunities they face as change agents. The discussion below draws substantially from studies of particularly conflict-prone environments, both because of the availability of evidence, and because of the relevance to the South African municipal context.
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    Business in the transition to democracy in South Africa : historical and contemporary perspectives
    (2017) Ganson, Brian
    This paper was written as a contribution to the research initiative entitled Engaging the Business Community as a New Peacebuilding Actor. It is a joint project of the Africa Centre for Dispute Settlement (ACDS), CDA Collaborative Learning Projects (CDA), and the Peace Research Institute Oslo (PRIO), funded by the Carnegie Corporation of New York and the Norwegian Ministry of Foreign Affairs. The project aims to fill the large gap in evidence regarding the effectiveness of business efforts for peace, providing a framework and practical guidance for more effective planning and evaluation of business-peace initiatives, policies and practices. Comments, critiques and corrections are welcome.