The Campaigners’ Guide to Financial Markets
THETHE CAMPCAMPAIGNERS’AIGNERS’ GUIDEGUIDE TTOO FINFINANCIALANCIAL MARKETSMARKETS
Effff ective Lobbying of Companies and Financial Institutions
Nicholas Hildyard Mark Mansley
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2 The Campaigners’ Guide to Financial Markets
Contents Preface – 7 Acknowledgements – 9
1. FINANCIAL MARKETS - A NEW POLITICAL SPACE – 11 A world transformed – 12 The impacts of globalisation – 14 The growing power of the private sector – 16 The shifting space for change – 17 Lobbying the markets – 18 The power of the market – Markets as “neutral ground” – NGO strengths: market weaknesses – Increasing consumer awareness – Globalisation and increased corporate vulnerability – The rise of ethical shareholding – Changing institutional cultures – New regulatory measures – A willingness to change? The limits of market activism – 33 Is a financial campaign appropriate? – 33 Boxes The increasing economic power of the private sector – 13 What are financial markets? – 14 Changing the framework: From Seattle to Prague – 18 Project finance – 20 Consumer and shareholder activism – 23 A bank besieged: Consumer power against bigotry – 25 Huntingdon Life Sciences: Naming and shaming – 27 First do no harm – 30 The impact of shareholder activism – the US experience (by Michelle Chan-Fishel) – 33 Put your own house in order – 34 Internal review – 33
2. UNDERSTANDING THE MARKETS – PSYCHOLOGY,,, ARGUMENTS AND OPENINGS – 37 Using the mentality of the market to your advantage – 38 Exposing the risks – 39 Key pressure points and how to use them – 41 Management quality – Business strategy – Financial risk: company analysis / project analysis – Non–financial risks – Political risks – Legal risks – Environmental risks – Reputational risks Matching the pressure points to the financial player – 54 Boxes Reading the balance sheet – 40 ABB – Moving out of dams – 43 Three Gorges: Bond issues challenged – 47
3. CAMPAIGNING IN THE MARKET::: STRATEGIES,,, TACTICS AND TIMING – 57 Strategies,,, Tactics and Timing – 58 Industry-wide campaigns – 59 Changing company practices – 59
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Infrastructure projects – 61 Financial market practice – 62 The main options for intervention – 63 Analysis and revaluation – 63 Engagement and reducing “bad practice” – 64 Direct campaigning and moral persuasion – 68 Timing – 70 Key intervention points – 71 Initial public offerings –71 AGMs and shareholder resolutions – 71 Creating political space – 74 Boxes Genetic slump – 60 Specimen letters – 65, 66, 70 Wording your resolution – 68 Potential and limitations of shareholder activism – Insights from the US (by Michelle Chan Fishel) – 69 Pull out of Burma: Protests,,, boycotts and shareholder action – 72 BP: Mobilising investors for change – 75
4. PLAYERS IN THE MARKET – 77 Understanding your audience – 78 Analysts – 80 Types of analyst – 80 What sort of people are analysts? – 82 What are their success factors? – 83 What are their outputs? – 83 What information do analysts use? – 84 When do they do their research? – 84 What time frame do analysts have? 84 Engaging analysts – 84 Presenting your research – 85 The need for preparation – 85 Timing your intervention – 85 Institutional investors – 86 Types of institutional investors – 86 Investment institutions – 87 Who’s who in the institutions? – 90 What are their success factors? – 95 Fund managers – 97 Who are they? – 98 What are their success factors? – 98 Competition – 99 Information overload – 99 Style of fund managers – 102 Mergers and change – 103 Engaging fund managers and investors – 103 Approaching fund manager – 104
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Campaigns targeting fund managers – 105 Practicalities of running a fund management campaign – 106 The ethical investment sector – 107 The ethical niche – 107 Types of organisation – 107 Who works in ethical investment organisations? – 109 What are their success factors? – 111 How can ethical investors help? – 111 Working with ethical investors – 112 Conclusions – 112 Banks and project finance – 113 Banking – Risk and reputation – 113 Getting access to senior management – 114 Understanding project financiers – 115 Stages of project finance – 116 Boxes The Bakun campaign – Lobbying the analysts – 81 The World Bank bonds campaign – 82 Organising a shareholder resolution: The Balfour Beatty campaign (by Kate Geary and Hannah Griffiths) – 91 Questions to fund managers – 96 The “Ethics for USS” campaign (by Jess Worth and Kate Geary) – 100 Ethical investment organisations outside Europe and North America – 108 Table 1: Socially Responsible Investment networks and research organisations – 110
5. GETTING INFORMATION FOR A FINANCIAL LOBBYING CAMPAIGN – 119 Structuring your research – 120 Where do I find . . . ? Company annual reports – 126 Company websites – 128 Overview of the company – 128 The company’s record – 128 Environmental policies – 134 Subsidiaries and parents – 135 The products a company manufactures – 136 Names of the shareholders – 137 Help in launching a shareholder action – 139 What companies a financial institution is investing in – 139 How well a company is performing – 140 Analysts’ reports – 141 Who’s financing a private-sector infrastructure project – 141 What public money is backing a project – 142 Names of company analysts – 143 Names of fund managers – 144 Names of company advisors – 145 Names of company directors – 145 Who’s importing and exporting what – 148 What research a company is funding – 148 Boxes and tables Table 2: Key directories for corporate research – 124 Table 3: Company reports on the Web – 127
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Table 4: Top corporate research web sites – 129 Table 5: Web sites with attitude – 135 Table 6: Directories detailing corporate ownership – 137 Spotting key investors – 138 Table 7: Infrastructure project databases on the Web – 142 Table 8: Pension fund directories – 143 Table 9: Directories with details of key company officials – 145 Table 10: Importers and exporters – Directories and web sites – 147
6. FURTHER RESEARCH – SKILLS AND RESOURCES –149 Where to go for information – 150 Libraries – 151 Uses of libraries – Choosing your library – How to use libraries The Web – 154 The dangers – Search engines – Types of search – English isn’’’ t the only language – Filtering software – Other techniques – Free trials The Media – 157 Media on the Web – CD-Roms – Indexes – Finding trade journals – Alternative media – Press databases Company and industry sources – 162 Trade associations – Professional associations – Trade journals – Market research Government sources – 165 Using company registrars – Finding you way round government- Regulatory agencies – Government departments and quangos Parliaments – 171 Statistical sources – 173 Verbal sources – 173 Conferences – News conferences – Interviews Financial Instutions – 175 Ethical investors Boxes Basic skills and techniques – 152 Table 11: UK business and copyright libraries – 153 Table 12: Tried and tested engines – 155 Table 13: Guides and portals – 157 Table 14: Trade journal publishers – 159 Table 15: Press databases on the Web – 160 Table 16: Trade associations – 163 Using EDGAR to challenge companies – 167 Table 17: Regulatory agencies on the Web – 168 Table 18: Statistical sources on the Web – 172 Table 19: Ethical investors – 175
7. RESEARCHING SECTORS – 177 Agribusiness and biotechnology –178 Oil and gas – 182 Mining – 185 Dams – 187 Pulpwood plantations and the paper industry – 189 Carbon trading – 192 References – 197 Glossary – 201
6 The Campaigners’ Guide to Financial Markets PrPrefefaceace
his Guide arises out of the international campaign in the Tmid-1990s by environment and human rights’ groups in Malaysia and elsewhere to stop construction of the Bakun hydroelectric dam in Sarawak, Malaysia. The dam, which would have caused the involuntary relocation of some 10,000 indigenous people and the flooding of 70,000 hectares of land, would have been built and operated by a private sector consortium, headed by the Bakun Hydroelectric Corporation.
The campaign halted the project (although there is now talk of reviving the dam, albeit in a scaled-down form). Key to the campaign’s success was the lobbying of potential investors in the dam – and of the financial analysts who advised these investors.
Since the Bakun campaign, both authors have worked on other campaigns where lobbying investors has proved a major tool to exert pressure so as to stop environmentally-damaging and socially- inequitable projects – or at least to lessen their impact.
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A key lesson from such campaigns is the recent changes in the political and that their effectiveness is greatly economic landscape, both in the enhanced when activists understand the developed world and in the developing culture and psychology of the financial countries, that have made lobbying institutions that they are seeking to financial markets a fruitful area for influence. This Guide focuses on the public interest groups seeking to financial institutions that dominate the challenge unsustainable patterns of UK markets. It summarises the investment and development. It looks at arguments that are most likely to make how globalisation has curtailed many an impact on these institutions; the avenues that campaigners previously approaches to campaigning that have used to seek change, for example proved most effective; and the areas in through lobbying governments – and at which a campaign is likely to have the how consumer and shareholder activism most political purchase. It is also is carving out potentially fruitful new intended to provide campaigners with political space for campaigners within some of the “nuts-and-bolts” practical- the financial markets. It concludes with ities of financial market campaigning – a brief summary of the pros and cons of where they can find the information they financial market campaigning for public need, how they can identify key interest groups. personnel to lobby, and so on. Part Two explores the key The UK focus reflects both the psychological features of financial importance of the City of London as an markets, the pressure points that emerge international financial centre and our from them and the best ways of matching own history of campaigning. Much of these pressure points to the concerns of what is in the Guide will apply in other specific market players. In particular, it financial markets: the culture of US stresses how speculation frames the financial institutions, for example, is mentality of financial markets, giving broadly similar to that in the UK. But rise to two prime motivators: greed and the Guide comes with an important fear. The resulting preoccupation with caveat: what “works” as a lobbying weighing up financial risks provides a tactic in London may backfire series of leverage points that disastrously if transposed, unadapted, campaigners can use to their advantage. to, say, Kuala Lumpur or Tokyo. The section outlines key risks – Financial institutions do not have a financial, political, legal and non- single culture: their reach may be financial – that campaigners should global but their modes of operation are accentuate, along with ways that often defiantly local. Moreover, their environmental and human rights culture – like any culture – is not fixed: concerns can be “translated” into it is constantly evolving, not least in arguments that can exert pressure on response to the successes and failures investors. of campaigns aimed at pushing it in new directions. Although the tactics and Part Three considers the main areas in strategies discussed in the Guide which financial market campaigning is undoubtedly have application outside likely to bear fruit. These include: the UK, readers from other countries targeting individual companies and should bear in mind the need to tailor private sector-financed infrastructure them to their own local circumstances. projects; reducing the flow of investments to particular sectors of A guide to the Guide industry (and redirecting it to more sustainable sectors); and pressing for The Guide begins by outlining some of financial institutions to adopt new rules
8 The Campaigners’ Guide to Financial Markets that would place sustainability at the campaigners who are unfamiliar with heart of their investment decisions. financial market campaigning. How Three main strategies for intervention does one research a company? How are discussed, and specimen letters and does one find out the names of other campaign tools provided. shareholders? What are the most useful sources of information? And where can Knowing one’s audience is critical to one find them? effective campaigning, whether in financial markets or elsewhere. Part We hope that the Guide encourages Four provides an insight into how some public interest groups to consider the of the key players in the market think. possibilities of using financial markets Who are they? What motivates them? to press for change. Although financial How do they judge success? What market campaigning is only one of a information is most valued by them? number of options open to campaigners How best to engage with them? The (other tactics are often more section looks specifically at: analysts; appropriate) and leaves many issues institutional investors, such as pension unaddressed, it provides opportunities funds; fund managers; ethical investment that can enhance the effectiveness and funds; commercial and investment banks; reach of most campaigns. We hope that and public finance institutions, such as the Guide will empower campaigners to export credit agencies. seize these opportunities where they are available and appropriate. Finally, Parts Five, Six and Seven Nicholas Hildyard provide some practical information for Mark Mansley
Acknowledgments The authors would like to thank Greg Muttit for bringing coherence to Parts Five, Six and Seven of the report and for sharing his encyclopaedic knowledge of researching companies and industrial sectors; Monique Baker for researching key sources of business information available in libraries and on the web; Kate Geary, Hannah Griffiths, Jess Worth and Michelle Chan-Fishel for the case studies and other boxes they contributed; Larry Lohmann for the research sections on pulpwood plantations and on carbon trading; Sarah Sexton and Larry Lohmann for their invaluable work during the final editing of the manuscript; and Melissa Dann of Wallace Global Fund for her encouragement throughout the project. Many colleagues in the socially reponsible investment community and the non- governmental community offered invaluable comments on the drafts: their insights, criticisms and encouragement were greatly appreciated. In particular, we would like to thank the folowing for their substantive comments: Peter Bosshard, Tess Tennant, Mark Campanale, Margie Law, Greg Muttit, Kate Geary, Michelle Chan-Fishel, Julie Tanner, Doris Shen, Hannah Griffiths, Rebecca Spencer, Simon McCrae and Robert Rosen. The final text - and any errors in it - is of course the responsibility of the authors. Finally we would like to thank Wallace Global Fund (WGF) for supporting the project financially.
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10 The Campaigners’ Guide to Financial Markets Part One
FinancialFinancial marmarkketsets –– AA neneww politicalpolitical spacespace
11 The Campaigners’ Guide to Financial Markets AA WORLDWORLD TRANSFORMEDTRANSFORMED
n February 1999, the New York Times ran an article on the I economic crisis that 18 months earlier had led to the collapse of the Thai currency, before rippling through Asia and Russia and threatening Brazil and Latin America.1 The South-East Asian economic collapse had not only brought hardship in the South, the article pointed out, but had also caused thousands of small investors in the North to lose their hard-earned savings.
The article cited the example of Mary Jo Paoni, a secretary from Cantrall, Illinois. Like many others, Mrs Paoni had no reason to suspect that her pension, which she had thought was safely invested in a secure US-based investment fund, would be affected by the collapse of the Thai economy. She could not have been more wrong. Quite unbeknown to her, Mrs Paoni’s future security rested in large part on the success or failure of a housing development in Bangkok of which, thanks to an investment decision taken by her pension fund manager, she had become part owner.
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Mrs Paoni’s pension fund had bought For example: shares in two Thai investment funds – the Thai International Fund and the Thai New trading rules Euro Fund – which between them had New international and regional trade bought more than one million shares in agreements – from the Uruguay Round of Bangkok Land, the company that had the General Agreement on Tariffs and Trade (GATT) to Latin America’s Southern developed the Muang Thong Thani Cone Common Market (MERCOSUR) housing development site and which had agreement and the European Union’s Single gone bankrupt in the wake of the Thai Market treaty – have led to the dismantling currency collapse. or lowering of tariff barriers, reducing many previous restrictions on the movement of Not that Mrs. Paoni knew any of this; no goods and services. one had told her. Had they done so, she As a result, cross-border trade has expanded might have expressed strong disapproval massively as companies have moved to of the “giddy investment sprees” exploit the new markets and business undertaken in Asia and elsewhere with opportunities that have been opened up. her money. “When things are rough”, World trade, which has grown 12-fold since she told the New York Times, “you don’t the Second World War, is now worth some start spending like a drunken sailor. $4,000 billion a year – and is expected to There are some people who take risks, rise by 6% a year over the next ten years. but not us.” Deregulation For the New York Times, Mary Jo The accompanying deregulation of financial Paoni’s story illustrated the way in markets – often a condition imposed on which globalisation now gives “just indebted developing nations by the about everybody some tiny financial International Monetary Fund in return for new loans – has lifted or eased restrictions stake in everybody else.” on the movement of capital in and out of countries. Exaggerated and US-centric though this claim may be – only a tiny minority in Until 1985, equity investment – that is, the the developing world (and relatively few in the Northern industrialised countries) have the private pensions and investments that would give them such a Global reach stake – it nonetheless highlights how the growing inter-connectedness of world The increasing economic power financial markets has transformed the of the private sector nature of investment and the risks and impacts associated with it. The combined assets of the world’s 50 largest banks and financial companies account for 60% of That growing interconnectedness reflects the world’s global capital. profound structural changes that have In 1970, there were approximately 7,000 occurred within the global economy corporations operating internationally: today over the past two decades. Combined there are more than 50,000. with the impacts of new technologies, The top ten UK supermarket companies have an annual turnover equal to the income of the such changes have recast previous poorest 35 developing countries. patterns of power, changing the The top UK supermarkets make profits of relationship between governments, between £1 million and £2 million a day. communities and corporations and It would take a fruit farm worker in South Africa, earning the current daily rate of pay, 15 centuries challenging social and environmental to earn the annual £1.2 million salary of a major campaigners to operate in new ways if UK supermarket chain’s chief executive. they are to be effective.
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purchase of shares in a company – was Americas and Europe. largely domestic: by 1994, however, cross Between 1996 and 1998, more than 20,000 border equity capital flows were running at new alliances were brokered by companies more than 1% of total world stock market worldwide, many of them between capitalisation. “Twelve years ago,” competitors.6 Sectoral boundaries have comments the Financial Times, “just 2 per become as blurred as the national origins of cent of US pension fund portfolios were many businesses have been obliterated. In invested in non-domestic equities. By 1999, mergers and acquisitions pushed the 1998, the percentage was 12 per cent.”2 In UK into the lead as the world’s biggest the UK, investments abroad account for overseas investor, beating even the US. 50% of the earnings of the Total global cross-border investment in companies listed on the Stock 1999 was up 25% on 1998’s figure, which Exchange’s FTSE index.3 7 Rapid privatisation in turn was up 41% on 1997’s. programmes have Private sector flows New technology Although the bulk of cross- often led to a Although financial markets have a long border flows are between the history of cross-border money flows, capital “fire sale” in which rich industrialised countries, now moves around the globe at lightning the public interest the privatisation of state speed 24 hours a day. assets and the (often has lost out. enforced) withdrawal of the New computer technologies enable almost state from infrastructure instantaneous transfers of money from one investment in developing market to another (and out again) at the countries and the former Soviet bloc has touch of a few keys. Not only has the cost encouraged a surge of private investment to of trading plummeted but the new electronic the most profitable sectors of the networks make it possible to trade around “emerging markets” in Asia, Latin America the clock. and Eastern Europe. (Africa has largely been sidetracked.) In the past decade, nearly $2 trillion in The social and private capital – as opposed to official development aid – has flowed from richer environmental impacts Northern countries to favoured developing and transition countries in the form of of globalisation equity, bond investments and commercial loans.4 Such economic changes have brought Privatisation high rewards – and risks – for investors: Privatisation – again often a pre-condition they have also had profound social, for further loans to indebted countries – environmental and developmental has further fuelled the cross-border flow of impacts. capital, as previously state-run services have been snapped up by US and Western In both North and South, many hard-won European companies seeking to establish a environmental and social legislative 5 presence in newly-opened markets. gains have fallen foul of new trade Increasing interdependence agreements or have been swept away as national and local governments have Global markets have become further intertwined by cross-border mergers and competed with each other to attract acquisitions, which have accelerated as foreign direct investment. The companies have sought either to buy up increasing mobility of capital has also their rivals in other countries or to enter enabled companies to relocate into strategic alliances that will give them a production from one country to another strong global presence in all three of (or threaten to do so) in order to exploit the world’s major trading blocks: Asia, the lower environmental and labour
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What are financial markets?
inancial markets are where offers shares for sale to the management of the company. those who want money public, or places extra shares link up with those who for sale, or is involved in a The company can raise Fhave money and who are merger or acquisition. This extra finance by issuing extra prepared to make it available – involvement includes: shares – and can also buy back for a future profit. “sponsoring” companies when its shares if it wishes to. Intervention in this process by they are first listed on the stock While publicly-listed seeking to persuade lenders exchange (for example, by companies will obtain their and investors to place their backing their application); core capital in the form of money in one company rather marketing the company to shares, they can also raise than another, or to attach investors; advising on financing money by borrowing from the conditions to their strategy; and buying shares with banks, or by issuing bonds (a investments, is the central aim the intention of selling them on. tradable form of a loan of most financial market whereby the company agrees activism. Public companies to give the buyer of the bond Companies are the market a certain amount of interest players who seek money. Their every year, and then repays Most large companies are the bond after a specified primary funding comes from “publicly listed” or “quoted” on their “share capital”, also called number of years). These ways a stock exchange. This means of raising capital – known as “equity” or “common stock” that: (US). The shareholders who debt finance – may create buy the shares own the Their shares can be bought some additional opportunities company, elect the directors and sold by the general public for campaigners, but and receive a share of the (thus they are sometimes called shareholders still have the profits in the form of “public companies” – this does main power and influence over dividends. not mean that they are state companies. owned). The shares of companies form The publicly-listed the basic raw material of much The price at which their company is vulnerable to of the financial markets. The shares can be bought and sold takeovers – if another most important owners of is changing constantly. In the company or organisation can shares are the investment short term, the price will acquire more than 50% of the institutions, such as pension depend on supply and demand company’s shares, then it will funds and life insurance for their shares – if more have effective control. Again, companies (see p.86). These people are buying than selling, various stock market rules institutions buy shares for then the price will go up, and govern this process. vice versa. These prices are long-term investment A key time for the company is purposes, and collectively own published in newspapers and are posted on the Web. when it is first listed on the a large proportion of the stock market – its IPO or Initial shares of most companies. The The companies have to Public Offering (see p.71). The specific decisions about which abide by the rules of the stock company must obtain approval shares to own, and when to market. Typically this means from the stock exchange to buy and sell them are made by that companies must disclose list its shares and, to do so, it fund managers (see p.97) – any information that could must publish a full description organisations and individuals affect their value so that of the company and its specialising in equity market everyone can see the activities. investment. information at the same time Different financial institutions and no one gets an unfair Private companies deal in company shares. advantage. Private companies Closest to the stock exchange Companies have to produce Note that most small are the stock brokers and a detailed annual report and companies, but also some investment banks. Their accounts, as well as interim large ones, are private securities departments trade reports every three or six companies – that is, they are company shares on a short- months. not listed on the stock term basis, helping to exchange and their shares establish the price of the The company must hold an cannot be bought and sold by shares. Their analysts research Annual General Meeting (AGM) the general public. This makes companies, providing open to shareholders, at which it harder to bring influence to commentary for other directors are elected, and bear on them via the market. investors. Their corporate reports and accounts put to a A number of disreputable finance arms are heavily vote. This meeting can be used logging companies come into involved when a company as a forum to question the this category.
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standards and thus boost profitability. In many cases, this has led to increased The growing power of environmental degradation and the private sector With the state violations of human withdrawing from rights. Among the chief political beneficiaries of globalisation is the private sector. infrastructure Similarly, the rapid Indeed, the international business privatisation of development, the community now enjoys more economic state entities has private sector now power than it has done for half a century. often led to a “fire Mergers, acquisitions and corporate plays an increasingly sale” in which the alliances have led to the emergence of dominant role in public interest has mega-corporations, many of which have lost out: in many development. revenues far in excess of those of many instances, the sell- countries – General Motor’s annual offs have fuelled income, for example, is larger than that corruption or left poorer people of Denmark and Thailand combined, excluded from essential public whilst the sales of the world’s 10 services. The privatisation of natural biggest companies exceed the combined resource industries, such as forestry, Gross National Product (GNP) of the has often resulted in widespread world’s 100 least developed countries – environmental destruction, not least including all countries in Africa.11 because privatisation has frequently been accompanied by the dismantling of Moreover, with the state withdrawing state agencies responsible for (often under duress and with little overseeing environmental protection. institutional ability to stand up for the public interest) from infrastructure The developmental impacts of development and the provision of many increased trade have also been deeply essential services, the private sector uneven. As the United Nations’ now plays an increasingly dominant role Development Programme (UNDP) in development. In the past, notes in its 1999 Human Development infrastructure projects were largely Report, “The top fifth of the world’s planned and commissioned by public people in the richest countries enjoy authorities and paid for with public 82% of the expanding export trade money, often in the form of loans from and 68% of foreign direct investment – Multilateral Development Banks the bottom fifth, barely 1%.”8 (MDBs), such as the World Bank, and For 59 countries in sub-Saharan Africa other public bodies. Increasingly, and the ex-Soviet bloc, average however, the MDBs are moving to the incomes have contracted, whilst those private sector, with governments acting in Latin America have risen by just 6% as facilitators rather than financiers. during the years of market liberalisation Instead of funding projects through – as against 75% in the 1960s and states, the MDBs are now funding 1970s when the region’s economies private companies directly or providing were relatively closed.9 UNDP’s guarantees on their investments. conclusion is stark: The change is reflected in the growth of “Economic integration is dividing private capital flows to the developing developing and transition economies and transition countries. As recently as into those that are benefiting from 1992, public financial flows were global opportunities and those that are greater than private capital flows: by not.”10 1996, private flows were more than five
16 The Campaigners’ Guide to Financial Markets times larger.12 In the mid-1990s, the agenda has come to dominate private sector financed about 10-15% of government policies worldwide, so infrastructure investments in the Third demands for interventionist policies (in World, with the World Bank predicting which the government takes action to that private investors could soon be direct economic activity) are providing as much as 70% of increasingly rebuffed with the argument infrastructure investment. Already, that stricter controls on private money funds industrial facilities, industry would undermine “There is no denying mines, dams, ports, toll roads, coal-fired the competitiveness of power plants, nuclear facilities, companies. Many of the that multinationals have plantations and dams (see Box, “Project traditional avenues for contributed to labour, finance”, p.20). Many of these projects achieving social and environmental and have considerable adverse social and environmental reform – environmental impacts. Exerting pressure namely through human-rights abuses as to direct investment towards governments – have thus they pursue profit environmentally-sustainable become less effective, if around the globe . . . opportunities, such as mass transport and not (temporarily) closed The global economy is clean power, is a major challenge facing off entirely. Indeed, many campaigners. of the rules agreed under still pretty much in the The growing power of the corporate free trade agreements robber-baron age.” prevent states unilaterally Business Week,,, sector, however, has not been matched by November 2000 regulatory controls over their adopting progressive environmental and social practices: on social, economic or the contrary, in many countries, the environmental legislation. processes and policies associated with The move to the private sector, globalisation and free market reform particularly in infrastructure have weakened the regulatory capacities development, has also meant that of state institutions. Similarly, various several avenues developed by public attempts to influence the practices of interest groups to influence the outcome transnational corporations (TNCs) of projects are less effective than they through UN-instituted Codes of Conduct used to be. Because the World Bank and 13 have been abandoned, often under other public development agencies are pressure from industry. Indeed, no longer so directly involved in concerned politicians, like many infrastructure projects, for example, the campaigners, often lack an understanding links developed between Southern of how to control and manage the private groups and Northern non-governmental sector in a “free market”. They too face a groups (NGOs) to pressure project challenge of having to learn new ways of developers by lobbying MDB defending the public interest. representatives have, in many instances, lost some of their political purchase. The shifting space for Ordinary people seeking to pressure project developers to abandon change destructive projects or to limit their negative impacts are at a further In this respect, GATT and other “free disadvantage since, unlike the MDBs,14 trade” agreements have dramatically the private sector generally lacks any squeezed the political space open to binding standards requiring them to take public interest groups pressing for account of the social and environmental progressive social and economic impacts of investments. Few companies investment policies. As the free market monitor such impacts and most lack
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rudimentary environmental “due pressure on private sector project diligence” procedures.15 (Due diligence developers, it also increases the refers to the background research that a competitive pressures on companies to prudent investor, lender or company disregard the impacts of their activities. executive might be expected to carry out before making a business decision.) Moreover, even where environmental Lobbying the markets: risks are considered, the focus is typically on the risks that the A new political space environment poses to the investment – rather than the risks that the investment One response to concerns about poses to the environment. The lack of globalisation has been the flowering of international rules binding companies to international campaigns to challenge the act in a socially responsible manner not new trade rules and to change the only reduces the leverage available to framework in which markets operate concerned citizens seeking to exert (see Box, “From Seattle to Prague”,
Changing the framework - From Seattle to Prague
ith the coming into transnational corporations. As a will be used to close markets to force of the 1994 first step to controlling the South, there are demands GATT agreement and footloose money, for example, for a social clause to be theW establishment in 1995 of governments are being pressed incorporated into the WTO the World Trade Organisation to adopt the so-called Tobin which would mandate certain (WTO), many social move- Tax (named after Nobel prize- defined labour standards. ments have emerged to press winning economist James Tobin Infraction of the social clause by for major changes in the who first proposed it in 1972), a country, according to current “financial architecture” of which would tax international proposals, would lead to trade world trade and investment. capital transactions, raising sanctions against that country, Spurred by industry and considerable funds which could authorised by a joint body of government attempts to be invested in a new UN- the WTO and the International liberalise capital flows still administered global Labour Organisation. further, a broad global alliance development fund. of trade unions, development At the international level, groups, environmentalists, Regulations are also demanded campaigns by Non- consumer groups and anti- for TNCs, a starting point for governmental organisations poverty groups are now any new regulatory framework have successfully highlighted demanding changes to WTO being the Code of Conduct for many adverse social and rules that would ensure the TNCs developed under the environmental impacts of right of states to regulate auspices of the United Nations globalisation. Indeed, in the investments within their own in the 1970s – although it wake of the protests against the borders. In particular, should be stressed that such WTO in Seattle in 1999 and the campaigners are seeking new Codes of Conduct are not IMF and World Bank in Prague in rules that would disallow any substitutes for wider measures 2000, criticisms of globalisation takeovers, mergers, to address the disproportionate that were once considered the amalgamations or strategic power that TNCs exert in the province of radical groups have alliances deemed detrimental global economy. In addition, entered the mainstream. As to the public interest through activists are pressing for anti- Business Week put it shortly the increased concentration of trust legislation (laws intended after the demonstrations in economic power in fewer and to prevent companies Prague, “There is no denying fewer hands. establishing monopolies) to be that multinationals have introduced at an international contributed to labour, There is also deepening level to prevent the abuse of environmental and human-rights support for measures to tax corporate power. abuses as they pursue profit speculative capital flows around the globe . . . The (short-term, easily withdrawn More controversially, at least global economy is still pretty investments which entail no from the point of view of many much still in the robber-baron commitment to the host Southern groups and age. If global capitalism’s flaws country) and to limit the governments, which are aren’t addressed, the backlash economic power of concerned that the measures could grow more severe.”
18 The Campaigners’ Guide to Financial Markets p.18). Human rights, environment and Box, “Genetic slump”, p.60). development groups have also been Underpinning such successes are a quick to develop new strategies in order number of factors that make the lobbying to influence the social and environmental of investors and other players in the outcomes of private sector development financial markets an increasingly fruitful projects and investment, both North and arena for campaigning. These are South. considered below. One arena where NGOs are proving increasingly effective at pressing for 1. The power of the market change is, ironically, the market itself. One reason why campaigners have Using a variety of tactics – from turned to the financial markets lies in the consumer boycotts to shareholder immense power exercised by the actions – public interest groups have financial community – from banks to successfully used their power within the institutional investors – over the private retail business sector. market Financial institutions own most listed Bonds, securities and and the companies (that is, companies whose financial derivative options now shares are publicly traded on a Stock market to Exchange). They can collectively move across the globe at challenge appoint the company directors and can lightning speed, 24 hours a number even instruct companies what to do, of a day. including requiring them to institute damaging rules that would screen out private environmentally-destructive projects. sector They also provide new money, without projects, or have forced companies to which projects and company expansion take steps to address issues ranging from would not happen or would be seriously environmental degradation to gay rights, delayed. from child labour to workers’ rights. In addition, financial markets (see Box, Consumer activism within the retail “What are financial markets?”, p.14) market has a long history: boycotts on value and price economic activity – for sugar, for example, were a key feature of example, through share prices and anti-slavery campaigns in the 19th interest rates – effectively determining a century. By contrast, activism within company’s viability. Such pricing financial markets dates back to the signals also influence and constrain the 1970s and 1980s, when the anti- actions of governments: exchange rates, apartheid movement developed for example, send a strong signal to a shareholder campaigns to push for government on the merit of its key companies to disinvest from South economic policies, such as public Africa. Campaigners have been quick to spending. learn, however, notching up notable successes. Campaigns directed at major Bringing pressure to bear on financial institutional investors – for example, institutions and markets can thus have a pension funds – have also proved major influence over corporate productive in encouraging some behaviour, the direction of infrastructure companies to move out of development, and the environmental and environmentally-destructive sectors social outcome of investments. (such as large-scale hydroelectric dams) or in undermining investor confidence in 2. Markets as “neutral ground” areas such as genetic engineering (see There is a widely-held perception
19 The Campaigners’ Guide to Financial Markets
Project finance
n the past, infrastructure borrowings are financed on a (it borrows money). Equity projects, particularly in the “non-recourse” basis – the investment can come from the South, were predominantly banks and other investors have various parties involved in the Ifinanced by governments, no “recourse” to the sponsor’s deal, or from investors with the government taking all assets if the project fails. specialising in project finance, the risks of the project. In or both. recent years, the private Common structures of project sector has increasingly taken a ownership are “Build-Own- Investors look for a major role in developing, Operate” schemes, under which reasonable return on their building, operating and the project developers retain investment, which reflects the financing large infrastructure ownership of the project, or risks of the project (typically projects. “Build-Own-Operate-Transfer” around 12-20% per annum). schemes, under which the host But a notable feature of Raising the money for private government takes over the project finance is that a sector infrastructure projects project after a specified substantial proportion of the is known as “project finance”. number of years. Projects total finance is in the form of Although a relatively generally have a long life span – loans borrowed from banks specialised part of the whole typically 15-30 years, with and others – between 50% and financial markets, it can be a reasonably predictable cash 90% of the total cost. particularly significant part for flows – the revenues are usually campaigners because large backed by strong, long-term infrastructure projects can be contracts (for example, to buy particularly controversial and the electricity generated). For further information on project objectionable. Usually a company is especially finance, we recommend the Harvard Business School’s “Project Finance To secure so much borrowing, created to own and manage the Portal” – it has many useful the value of the project’s project. This company raises background documents and links to assets and the strength of its the finance as both equity (that other useful sites. The portal can be revenue contracts are very is, shares in the project which accessed at www.hbs.edu/ important. Generally, these investors buy) and through debt projfinportal .
amongst many commentators and politically-motivated theatre, the politicians that markets are politically puncturing of investor confidence in a neutral. This can bring added project or sector gives a campaign a credibility to campaigns. credibility in many quarters that might When it comes to weighing up the pros otherwise be denied. Politicians in and cons of a project or a commercial particular find it hard to argue with sector, number crunching, as opposed to markets: to do so suggests a disregard political ideology or vested interests, is for “sound” financial policies and assumed to determine investment reveals their own biases in a light that decisions. By contrast, campaigners are campaigners can more easily expose, viewed as having axes to grind that often forcing them onto ground that devalues their objectivity. These NGOs are better equipped to exploit. perceptions are demonstrably false: The rejection of nuclear power by the investors, particularly institutional financial markets is a case in point: investors, have as many political biases investors were scared off by the largely as any other interest group, reflected not unknown financial liabilities of nuclear least in the information they chose to act accidents and nuclear waste disposal. upon – but they are nonetheless biases that campaigners can use to their 3. NGO strengths,,, market advantage. weaknesses Whereas pickets and protests can be NGOs are often strongest in areas where shrugged off by opponents as financial institutions are at their weakest
20 The Campaigners’ Guide to Financial Markets and most vulnerable. that NGOs often enjoy with community groups, both North and South, grant The power of public interest groups lies NGOs a privileged insight into local primarily in their ability to reflect and conditions that is not available to most influence public opinion. Not only do financial institutions: where local they have better links to the public than communities choose to use NGO many financial institutions, but their colleagues as a conduit for relaying organisations are also specifically concerns to companies and investors, geared to channelling public opinion in that privileged local knowledge ways that will bring maximum pressure provides campaigners with a powerful to bear on an issue. The Internet and tool for leveraging companies and other new technologies have investors alike. A company’s reputation, dramatically increased their ability to for example, is of major concern to organise internationally and to build investors: revelations that a company is cross-sectoral alliances. involved in human rights abuses or Such powers give NGOs several major complicit in degrading the environment advantages over many financial can knock many millions off the value of institutions. First, unlike NGOs, its shares. Yet financial analysts – financial institutions – particularly whose job it is to alert institutional investment banks and pension funds – clients to such threats to share values – are relatively insulated from public generally lack the institutional capacity opinion (except as expressed through the to undertake detailed research into the computer print-outs that trace share day-to-day, on-the-ground operations of dealing) and frequently lack the political the companies and projects in which infrastructure to anticipate and assess they invest, relying instead on consumer boycotts and other information garnered almost exclusively interventions that NGOs are well-placed from within the financial sector itself. to organise. To date, such boycotts have Companies are often in a similar largely been aimed at denying markets to position, relying on assurances from retail companies by puncturing demand plant managers or suppliers that for branded products. The recent pollution permits are being observed or rejection by consumers in Europe and that working conditions are not in elsewhere of genetically-engineered breach of corporate commitments or foods, however, has demonstrated the national or international law; they are ability of boycott campaigns to influence thus vulnerable to well-documented investments in whole sectors of the case studies that bring the concerns of market, not just specific companies or affected communities to the attention of product lines. Moreover, as NGOs analysts and the general public. As a themselves have discovered, the same spokeswoman for Heals, the UK tactics can successfully be brought to furniture store, remarked when bear directly on financial institutions – confronted by Greenpeace research particularly those, such as commercial tracing timber sold by Heals to illegal banks and pension funds, which depend logging operations in the Amazon, “I’m for their business on maintaining their shocked. We don’t want to be involved reputation as a strong and trusted in this. Perhaps our due diligence is “brand”. The campaign by gay rights rubbish.”16 In addition to enabling groups against the Bank of Scotland is a campaigners to place direct pressure on case in point (see Box, “A bank companies – not least by revealing besieged”, p.25). deficiencies in their corporate governance – the passing on of local Second, the close collaborative links knowledge to analysts (assuming that
21 The Campaigners’ Guide to Financial Markets
this meets with the approval of partners more than, “Mmmm, I’ll give that fair in affected communities) can also bring trade coffee a try to see what all the fuss potential allies within the investment is about” – they point to potential new community, leading to a two-way political space on which to build exchange of information that can benefit campaigns. Where the actions of both parties. individual consumers are coordinated – and with the Internet, they increasingly 4. Increasing consumer awareness are – consumers have proved themselves highly effective at Consumers are more aware of expressing their opposition to corporate environmental and social issues – and practices that harm the environment or are increasingly prepared to demand people. It is rare, however, for that they are taken into consumer action alone – for example, Companies are also account in commerce and through boycotts – to shift corporate fearful of small investment. behaviour. Invariably, other tactics have investors acting as a The free trade agenda also to be brought into play. herd - selling their may have brought Fast food chains, clothes stores, oil, car, shares in a company companies and investors agribusiness and construction all at once because of new markets, but it has companies, banks and medical research also spawned a more laboratories have all been targeted with adverse publicity . active consumerism. considerable success. In Europe, With the government concerns over food safety, tropical increasingly unwilling to deforestation, child labour and climate regulate, says Sheila McKechnie,17 change have prompted consumer director of the UK Consumers’ boycotts which, combined with other Association, consumers are lobbying efforts, have helped pave the increasingly using their purchasing way for bans, policy changes and new power to control corporate behaviour legislation. via the market – a trend also noted by the Henley Centre, a prestigious Companies which fail to take account of management think-tank.18 this shift towards increasing consumer activism can find their markets According to research conducted by the evaporate and their share price accountants PriceWaterhouseCooper, nosedive. “What we fear most,” a Shell four out of ten people around the world executive told a meeting of the Prince of had boycotted a company for ethical Wales business and environment group reasons during 1999.19 In the UK, the in 1998, “is not new legislation but figure was lower – 3 out of 10 – but as consumer revolt.”21 the Financial Times notes that still “equates to about 12 million The consumer backlash against consumers acting on their concerns”.20 genetically-engineered foods, for In addition, whilst a majority of those example, contributed to Monsanto’s polled thought that companies working share price plummeting by 11% from in countries with poor human rights March to August 1999: other important should use their influence to campaign factors included market fears that the for improvement, one in five believed company had overstretched itself that the companies should simply refuse financially through a massive spending to work in such countries. spree buying up competitors.22 Although such polls should be read “Monsanto massively misconceived with caution – making a decision to what sustainability is all about,” John purchase ethically may amount to no Elkington, director of Sustainability, an
22 The Campaigners’ Guide to Financial Markets
Consumer and shareholder activism
Target Issue Tactics Impact Outcome
Bank of Bank entered into Pickets at bank’s £402 million Bank announces it Scotland deal with right- headquarters. knocked off the will pull out of wing TV evangelist bank’s share value. deal Pat Robertson, a Protests from Bank’s reputation vociferous churches. for taking strong opponent of Consumer boycott ethical positions is women’s and gay of Bank of severely dented rights. Scotland. Bank accepts it will have to work hard to win back public support
Del Monte Non-recognition Consumer Public Unions recognised of union rights in protests, including embarrassment. in return for an company’s Costa dumping of end to the Rican fruit bananas outside European plantations. UK headquarters. campaign against the company
BPB P Proposed drilling AGM resolution Resolution won Major “wake-up operations in calling for end to support of 13% of call” to financial Alaskan nature Alaskan operation shareholders. institutions: reserve. and move away power of from oil environmentally production to motivated alternatives. resolutions demonstrated
Huntingdon Europe’s largest Protests outside Shares plummeted Company CEO Life Sciences contract medical laboratory. when fund admits campaign research company. managers Phillips “almost succeeded Picketing of & Drew sold its in company’s houses of major 11% stake. destruction” Accusations of shareholders and animal cruelty. company analysts. Trading in shares suspended in 1998.
Lehman Three Gorges Dam Letter writing by Some of the Campaign Brothers in China. The dam major US banks have continues will force environmental become more Morgan Morgan resettlement of groups. cautious about Stanley Dean 1.2-1.9 million risking their Witter Witter people and cause Shareholder lobby reputation on the against banks. J.P. Morgan major project environmental Boycott of Dean BankAmerica damage. Witter’s “Discover” Smith Barney All five banks had credit card. Credit Suisse sponsored bonds First Boston that would have supported the dam.
Premier Oil Oil operations in Protests and Executives Company Burma. Accused of shareholder forced to defend criticised publicly benefiting from lobbying at their position at by UK slave labour. Premier’s AGM. AGM. government
23 The Campaigners’ Guide to Financial Markets
environmental consultancy, recently Kidder, president of the US-based told Green Futures. “Corporations and Institute for Global Ethics: financial institutions are now having “Increasingly there is no place to hide. to learn fast. And it’s this which has What I see happening, especially in the the potential to profoundly reshape US, is that every company that has any markets.” 23 kind of international activity has attracted around its periphery a bunch of web sites devoted to exposing 5. Globalisation and increased everything this company does.” 25 corporate vulnerability According to a survey undertaken by the UK’s Ashridge Centre for Business and Globalisation and new technologies Society, a sizeable number of companies have made companies have already responded to such In the UK, according to more vulnerable to pressures in their investment decisions. organised consumer The survey found that 36% of the recent polls, three- protest. world’s 500 biggest companies had quarters of occupational abandoned a proposed investment out of With the growth of the pension holders wanted concern for human rights issues, whilst Internet, business is 19% had disinvested from a country on pension funds to use their finding it harder to human rights grounds.26 influence to encourage hide its failings from socially responsible a public that is increasingly willing 6. The rise of ethical behaviour by companies. to act against shareholding companies that New patterns of share ownership are violate ethical standards or threaten the bringing new ethical concerns to the environment. Moreover, the very global market. inter-connectedness of companies means that a consumer backlash in one Consumer-driven pressure for change on part of the world can be difficult to companies is mirrored within the contain. Lean production strategies investment community, as changing have also made companies more patterns of share ownership give vulnerable: the more global companies concerned investors a more prominent are in their operations, the more local place in the markets. Although the outsourcing operations there are to “go control of some assets – for example, wrong”, sparking possible consumer stocks and bonds – remain concentrated revolts in local markets globally. in relatively few hands, an increasing number of people in industrialised “If there’s a problem in a company’s countries own shares. In the US, nearly global supply chain, all it takes is one half of all households own shares modem in Indonesia to alert the world directly or indirectly, through mutual about it”, says Aron Cramer, vice funds or pension plans, a greater president of San Francisco’s Business proportion than at any time in history: for Social Responsibility, which the percentage of families with some advises Gap, General Motors and other stake in the market rose from 31.6% in companies on their practices abroad. 1989 to 48.8% in 1998.27 “People’s expectations of the social and environmental role of businesses Small investors acting alone may carry have absolutely changed in the past little clout in the boardroom. By five years.” 24 contrast, the big institutional investors, such as pension funds, in which many That view is echoed by Rushworth individuals have a stake as pension
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A bank besieged - Consumer power against bigotry
t seemed a deal made in deal: Edinburgh University sold its shares in the bank, heaven. Scotland’s biggest Students’ Association, whose which had previously enjoyed bank, the Bank of Scotland, annual turnover is some £7 a favourable rating amongst Iwanted to establish itself in million, anounced that it was socially-responsible investors, the US. To do so, it teamed considering withdrawing its while stockbrokers Rathbone up in 1999 with US television account from the bank, while announced that they would evangelist Pat Robertson to the Scottish Trade Union sell their holdings if the bank form an on-line banking Congress threatened to responded to its concerns operation that would be withdraw the business of with “purely commercial promoted via Robertson’s 1.8 100,000 members who held a justifications”. million-strong Christian Bank of Scotland affinity card. As the boycott began to bite, Coalition network. For the The ecumenical “Action for the bank’s share price rapidly bank, the deal seemed to Churches Together in Scotland” tumbled, falling 10 per cent. offer the opportunity to also said it was considering The crunch came when establish a market at virtually withdrawal, stating that Robertson himself responded no cost. Robertson stood for everything to critics by lambasting its member churches were Scotland for “tolerating” Bank of Scotland customers, against. however, were shocked at the homosexuals. Others who did not hold deal. Robertson is known for The ensuing outcry intensified his extreme right-wing, anti- accounts with the bank also found ways to bring pressure to the campaign, forcing the women and anti-gay views. bank to announce that it was “Many of those people bear. Edinburgh City Council wrote to the bank, deploring its scuppering the deal. By the involved with Hitler were time of the withdrawal, over satanists”, he has said. “Many actions: “People do not want the name of a major Scottish 500 customers had moved of them were homosexuals. their accounts. The two things seem to go institution associated with the together.” Women have also politics of bigotry”, said Council The bank’s board survived a come in for abuse: “That leader Keith Geddes. Across the heated Annual General National Organisation for border, Duncan Lustig-Prean, a Meeting, held just weeks after Women is saying that, in order London-based property firm, the announcement of the to be a woman, you have to informed legal firms that the withdrawal. But the company’s be a lesbian.” “The feminist company would refuse to assign reputation was severely agenda”, Robertson wrote in certificates of consent to dented by the proposed deal. 1992, “is a socialist, anti- transfer where a Bank of Many analysts argue that family, political movement Scotland mortgage was restoring that reputation will that encourages women to involved. take intense effort. leave their husbands, kill their Ethical investors, charities with Sources children, practice witchcraft, credit card ties with the bank Marshall, A. and Collier, A., “One destroy capitalism and and ordinary Bank of Scotland Hell of a Deal”, The Independent, become lesbians.” 14 April 1999; Levene, T., “Revolt customers joined the campaign, spreads over TV preacher”, The Gay rights groups responded selling shares, withdrawing Guardian, 27 March 1999; Braid, M., by urging a boycott of the investments and closing saving “Gay Jibe may lead to bank bank. Students and trade accounts. The Edinburgh-based boycott”, The Independent, 3 June unions also rallied against the Ethical Investment Co-Operative 1999. holders, yield a stick hefty enough to investors acting as a herd – disinvesting change company policy. When united, rapidly from one sector because of small investors may also yield an adverse publicity or a sudden volatility influence that is disproportionate to their in the market. numbers: a case in point is the “Gas Unsurprisingly, the major financial Greed” campaign, organised by institutions are increasingly preoccupied Professor Jo Lamb from Glasgow, with the state of mind, behaviour and which mobilised a substantial number of even the identity of the average US retail small shareholders to support a investor. One consistent finding of resolution challenging pay awards to the research aimed at gauging the behaviour executives of British Gas in the mid- of today’s investors is a concern for the 1990s. environmental impacts of their Companies are also fearful of small investments.
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In the UK, for example, a National pension funds and other institutional Opinion Poll survey conducted in investors (such as insurance companies August 2000 revealed that three- and unit trusts) to change their quarters of occupational pension investment policies. holders want pension funds to use their influence to encourage socially responsible behaviour by companies.28 7. Changing institutional cultures One-third of those interviewed were The institutional culture within financial prepared to accept such investments markets is changing and there is more even if they damaged their pension’s willingness to embrace environmental financial performance. and social concerns. Although such findings have yet to work The business of financial institutions is their way into mainstream investment to make money. Nonetheless, the major practice amongst pension fund players in the financial markets are well managers – and are resisted by many – aware that the business of making money they provide strong evidence of a has its social and political limits: stretch demand for socially responsible those limits too far and the institutions of investment. Indeed, the value of the money-making become vulnerable to a UK’s 44 ethical investments have public backlash that can threaten their exploded from almost nothing in 1980 29 very existence. When popular unease to more than £2.8 billion in 2000. over particular institutional practices This compares with only £370 million becomes sufficiently vocal and in 1992 – and represents a rise of 35% widespread, financial institutions have over 1999, according to the Co- 30 historically shown themselves willing to Operative Insurance Society. Studies change in order to survive. by Bank Sarasin, an investment management company, conclude that Having long ignored environmental and returns from such investments are “at social considerations in their least comparable with those of more investments, there are signs that traditional equity investment”.31 Many companies and institutional investors analysts confidently predict ethical are beginning to respond to growing investments to triple again by 2005. public concern over environmentally damaging and socially oppressive Shareholder actions demanding investment. The protests against the corporate responsibility are also on the World Trade Organisation (WTO) in rise. In the US, shareholder resolutions Seattle in 1999 – when demonstrators calling for companies to address social severely disrupted negotiations for a and environmental criteria doubled in new round of trade liberalisation – may the early 1990s, reaching 300 by have been “perplexing” to the business 1996.32 The value of the investments community but nonetheless prompted controlled by investors who have filed many business executives to rework such resolutions (or supported them) their approach to globalisation. has also grown – from $473 billion in 1995 to $736 billion in 1997. Discussions of the backlash against globalisation are no longer confined to Although covering only a minuscule whispered coffee-break conversations fraction of the investments made in business seminars: whole sessions globally every year – and just 1% of are now devoted to the implications of total unit trust investment in the UK – “Seattle” for future business strategy. As such trends suggest fertile ground on Business Week recently commented: which campaigners can work to press “Many of the radicals leading the
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Huntingdon Life Sciences “Naming and shaming” on dangerous new ground
n February 2000, shares in But the HLS campaign has also private investors – and Huntingdon Life Sciences been accused of trying to directors of companies – (HLS), Europe’s largest intimidate shareholders into personally aware of the Icontract medical research selling their shares. Fund impacts of their investments. laboratory, plummeted after managers at Phillips and Drew As John Vidal reports, “In the institutional investors were and their clients, whose home US, the head of a large targeted by animal rights’ addresses and telephone Japanese corporation which campaigners angered by the numbers had been published by was responsible for much company’s cruelty to animals. Stop Huntingdon Animal Cruelty deforestation in the Far East The collapse began when fund (SHAC), received abusive was reportedly so shocked managers Phillips and Drew, telephone calls, including death about the scale of what his the company’s biggest threats. The Phillips and Drew company was doing that he institutional investor, decided building had to be evacuated immediately changed the to sell its 11% stake in the following hoax bomb calls. policy.” company. Other investors SHAC denied that the calls had quickly followed, halving HLS’s been made by its members, but share price in just one day. did not condemn the practice. Dangerous ground “We condemn terrorism. But a Subsequently, the Royal Bank bomb hoax is not terrorism.” of Scotland announced that it But in crossing the line was pulling the plug on HLS’ between “public” and bank overdraft. Germany’s Naming and shaming “private”, the “naming and banking group, WestLB shaming” of individuals rather Panmure, also severed its ties than institutions courts a with the company, resigning as As John Vidal, environmental dangerous politics. Instead of HLS’s broker in June 2000. editor of The Guardian, notes, it protest being a means of was probably inevitable that engaged persuasion, it can fund managers would sooner or rapidly descend into the Persuasion or later be targeted personally by intimidatory intolerance of direct action groups. Not only the lynch mob. A letter to one intimidation? do they constitute “one weak HLS employee, for example, link in the chain between read: “Do you want a petrol companies and unethical bomb shoved through your As a campaign, the HLS action letter box? Do you want to achieved its aim of deterring behaviour” but, equally important, “there are very few have the living shit kicked out investors – at least in the of you? If the answer to these short-term. But the tactics people involved” – just 30 individual fund managers questions is ‘no’, you had used by the campaign have better quit HLS.” caused considerable control hundreds of billions of controversy, not least amongst pounds worth of investment. Such intimidation “works” other pressure groups. “Naming and shaming” is a precisely because it affects not only the targeted A key feature of the campaign campaign tactic that has a long individuals but others in their was the direct targeting of and effective history: indeed, it immediate circle: children, individual shareholders and is generally an essential neighbours, relatives are all fund managers by direct prerequisite of most successful impacted – even though they activists. In most instances, this campaigns. Without naming the have no involvement in the took the form of peaceful companies involved in, say, a activities being challenged. In protest: the British Union for destructive project, there is the process, opportunities for the Abolition of Vivisection little prospect of putting public debate and reasoning are Reform Group, for example, pressure on them to withdraw closed down. Fear becomes wrote to 1,700 investors in from the project or to change the basis for action – and HLS, letting them know that its direction. Likewise, without democracy loses out. unless they sold their shares the names of institutional investors that are backing such within a week, they would be Focusing on individuals rather companies, would-be ethical visited by demonstrators. than institutions also runs the investors are denied the Several hundred investors sold risk of trivialising the issue. information that would enable up: many of them had been HLS does not abuse animals them to act on their unaware of HLS’s use of because its directors are investments. animals in research and were depraved: it abuses animals shocked to learn of its There is a strong case, too, for because there are no activities. campaign tactics that make institutional rules to prevent it
27 The Campaigners’ Guide to Financial Markets
from doing so, many dissent in innovative ways to that, as a result of the conditions that justify making attract attention to a cause and campaign, Huntingdon will money out of the practice, draw in support, has long relocate overseas or go and a wider culture that tacitly proved its effectiveness as a private in order to hide its approves. Bringing in new tool for change. activities more easily from rules that would change the public scrutiny. Alternatively, framework in which But where direct action overseas or private investors companies and investors encourages violence – or is may pick up Huntingdon’s operate requires campaigns effective only because it is business, leaving animals no that seek to change not only violent – it is invariably socially better off, and, indeed, personal behaviour but also regressive, not least because it possibly in the hands of even national laws and the invites repressive responses worse companies. institutional culture of which close down the space for financial and other peaceful democratic protest. In The lesson from HLS may not institutions. Tactics that lead the wake of the HLS campaign, be that direct action achieves to socially responsible for example, the what “moderates” have failed investment being identified pharmaceutical industry called to achieve through less with extremism are, at best, for new legislation to clamp confrontational means, but unhelpful to such efforts, at down on what it called that violence usually tends in worst, counter-productive. “economic terrorism”. HLS itself the end to support the status Not only do they scare off has written to Prime Minister quo. Tony Blair urging him to bring potential allies within financial Sources “extremist animal rights groups” Sources institutions; they also justify Vidal, J., “Cents and Sensibility”, resistance by the old financial within the remit of terrorist The Guardian, 15 February 2000: guard. legislation. Company law may Vidal, J., “This time it’s personal”, also be changed to make it The Guardian, 12 April 2000: Ward, much harder to obtain A., “Institutional investors Undermining other information about shareholders criticised for caving in to animal and directors, which would rights group”, Financial Times, 14 campaigns affect all shareholder February 2000: Ward, A., “How campaigns. animal rights group hit company in Non-violent direct action, the pocket”, Financial Times, 14 which uses the theatre of There is also a real possibility February 2000
protests may be on the political fringe. Moreover, for a younger generation of But they have helped to kick-start a middle managers, environmental profound rethinking about concerns (albeit of a “light green” globalisation amongst governments, variety) are increasingly accepted as mainstream economists and part of everyday culture. Whereas a corporations that, until recently, was decade ago, ethical investment staff carried on mostly in obscure think were seen by City institutions as “lowly tanks and academic seminars. This cheap staff to stick in a back room out assessment is badly overdue.”33 of the way”35 – and raising questions about the environmental and social Internally, too, companies and financial impacts of an investment spelled exile institutions are facing pressures to take from the fast track – today, ethical on board environmental and social investing is no longer the barrier that it issues in their investments. No one likes once was to career prospects, and may to be employed by a company that is even enhance them. viewed by the public as a pariah. Such internal cultural change has yet to “The desire to be part of the solution translate into significant change on the rather than part of the problem is a trading floor: with the exception of the powerful incentive for change”, says small but fast-growing “socially one business executive in a major responsible” investment market, global mining corporation. “One is used to investors still reward unsustainable taking flak from activists. It is a development.36 As one shareholder in different matter when one’s own Total-Fina, a major oil company, children start badgering you over reportedly shouted to protesters at the 34 breakfast, lunch and dinner.” company’s AGM in Paris, “We don’t
28 The Campaigners’ Guide to Financial Markets give a damn about human rights in As Stephen Timms, the then Pensions Burma, we’re shareholders.” But Minister, told Pensions Week in July internal dissent within the investment 1999: “The issues that (the socially community does provide a platform upon responsible investment movement) which sympathetic insiders can build.51 raise cannot be ignored in a world in which ordinary people, many of whom Some progress is already apparent: will be members of occupational although the vast majority of City pension schemes, are becoming analysts (see p.80) still show a macho increasingly concerned about the disdain for environmental and human conduct of companies and the ways in rights concerns, recent MORI research which investments are made on their indicates that even this may be changing. behalf. People want to know how their A 1997 poll, for example, revealed that savings are applied, and I think they one in three analysts and institutional are right to do so.”39 investors now believe that a company’s contribution to society and the From July 2000, pension funds have communities in which it operates affects been legally required to state: its financial performance.37 Almost half “The extent (if at all) to which social, of the institutional investors polled – and environmental or ethical considerations 38% of analysts – also stated that are taken into account in the selection, knowing about a company’s contribution retention and realisation of investments; to society and the community affected and their policy (if any) directing the their opinion of it. exercise of rights (including voting rights) attaching to investments.” 40 As for the companies themselves, a The new measures do not oblige pension survey commissioned by Control Risks, funds to operate an ethical investment the London-based international business policy, but they do place fund managers risk consultancy, found that 71% of under increased pressure to do so. businesses believe social and ethical Comments Matthew Harragin, the factors have become a more important ethical investment director at part of their agenda over the past five stockbrokers Rathbones: years. At the same time, 77% say they “The ethical dimension now has to be believe that such factors will be even more discussed, and once it is officially on important over the next five years.38 the agenda, it is far harder to ignore. Pension trustees who go hell for leather for companies causing pollution or 8. New regulatory measures selling arms to all and sundry may have some explaining to do.” 41 New regulatory measures have Given that pension funds together with strengthened the hand of NGOs in insurance companies currently own pushing for environmental and social more than half of all UK shares in terms considerations to be taken into account of value, the potential implications for in investment decisions. socially responsible investment (SRI) are profound. As Green Futures, a In the UK, new regulations introduced as business and environment magazine, part of package of reforms to regulate notes pension funds and insurance pension funds substantially redefine the companies have: framework in which investors will “a key role in making environmental operate in the future. The regulations issues a mainstream investment reflect growing concern amongst pension consideration. Both have liabilities that holders as to how their pensions are are very long-term in nature, so they being invested. should have a strong interest in long-
29 The Campaigners’ Guide to Financial Markets
First, do no harm! Conflicting agendas and financial market campaigns
any financial market embarking on financial market to be handled with care. If campaigns arise out of campaigns should take into companies that are relatively local community account: progressive are targeted, then oppositionM to specific projects poorer performers will feel or out of the experiences of Ensure that affected people little incentive to change – and oppressed groups, such as maintain the initiative. may even feel a strategy of women and minorities. Although cultural traditions of denial is more appropriate. advocacy and support work Just to argue that a relatively Where groups opt to lobby vary widely around the globe, progressive company is likely investors, it is important that ensuring a democratic and to respond is not a good the campaign remains firmly mutually accountable enough reason for targeting rooted in the concerns and relationship between NGOs and them. A campaign agenda political realities of those it is affected groups is vital to driven by “Who is a convenient intended to support. Because maintaining trust and good company or shareholder to financial market campaigns communications. target?” rather than “Who is involve institutions that are far ignoring the issue? Who removed from the local Maintain a long-term engagement. deserves to be targeted?” is community, the risk of unhelpful in developing metropolitan NGOs Staff turnover in NGOs is high political space for future substituting their own agenda and the focus of their work is campaigns. It may even and voice for that of affected often driven by donor fashions. damage your credibility. communities is particularly Many projects which local acute. Conflicting agendas can communities seek help in In general, companies are quickly emerge that can do opposing, however, require more likely to respond to considerable damage to long-term campaign work. pressure to improve their movement building at both environmental and social the local and global levels. performance if they feel that Campaigning techniques campaigners will target poor One area of potential conflict performers, rather than the lies in the pressure that As well as ensuring that your leaders in the field. This financial market campaigns campaign does not undermine applies particularly when generate to “engage” with your partners’ campaign targeting financial institutions. companies. Indeed, forcing a strategy, bear in mind that the Here the case for social company to negotiate is often political space that is opening responsibility is even less a prime aim of campaigns. up within financial Institutions widely accepted that among Certainly, institutional themselves is often fragile. A many companies. Targeting investors are unlikely to badly-constructed campaign the leaders is likely to deter support you unless they have may not only achieve little in others from taking social and discussed the issue with the the way of tangible results for environmental issues seriously. company and satisfied yourself but may also damage themselves that the company the potential for others to has a case to answer. Local campaign within the markets. communities, however, may Know when to stop be actively opposed to Aggressive and intimidatory “dialogue” – either because campaign tactics can be Even in a successful campaign, they have already tried this counterproductive. You may you may well reach a point avenue without success or achieve some headlines but you where the targeted because engagement does not could also inhibit broader institutions, having previously fit their political strategy. change. Not only are you likely responded positively to your to confirm the financial world’s lobbying, become less willing In such circumstances, a key worst image of campaigners, to listen to you. This may be maxim for campaigners is: but you could also legitimise because of obstinacy on their “First, do no harm”. It is critical the introduction of legislation part, but, equally, it may that conflicting agendas are that makes future action because they have reached the fully discussed prior to harder, not easier. limits of what they can do. launching a financial market Listen carefully to what the campaign. Where a resolution investors are saying and try to acceptable to local activists is Who to target put yourself in their shoes. Are impossible, a financial market they blocking you? Or do they campaign should be rejected. While it can sometimes be justified to target more have a point? You may have Past campaigns suggest other progressive companies and reached the point where it is important lessons that NGOs financial institutions, this needs time to try another approach.
30 The Campaigners’ Guide to Financial Markets
term market performance. And this is the UK Shareholders’ even more so given that they have Association lists it as “Give me ten nutters substantial assets invested in index its primary concern – funds, which ‘locks them into’ their shareholder resolutions throwing eggs at me 42 shareholdings.” questioning a any time rather than A further regulatory shift in favour of company’s one institution casting SRI campaigns comes in the form of a environmental impact its votes against re- new code of practice issued by the will thus have far Institute of Chartered Accountants of greater purchase. electing one of 43 England and Wales in 1999. Known as New reforms proposed my directors” the Turnbull Committee on Internal as part of the UK UK Company Executive Controls after its chair, a former government’s current financial director of the Rank Company Law Review Corporation, Nigel Turnbull, the code may also increase the pressure on updates previous advice to company companies to reconsider their social and directors on the measures they should environmental practices. Although the adopt to ensure that shareholders’ Review drew back from an anticipated investments and company assets are recommendation to make the welfare of properly safeguarded. Although the code society, rather than shareholder value, is not legally-binding on companies, it the overriding business objective of has the backing of the Stock Exchange, public companies, it nonetheless giving it semi-legal status. Any company proposes that directors should be wishing to list itself on the Stock required to consider the wider social Exchange now has to abide by the code. and long-term implications of their 45 Under the new Turnbull rules, company business decisions. It also directors in listed companies are recommends that companies be required obliged to take account of all to report on social and environmental “significant risks” which could damage issues in their annual reports. Although the company. And for the first time in a the Review falls far short of what is document of this kind, the code lists needed to make companies more environmental and social risks – in generally accountable to society as a addition to strictly financial ones – whole, it would among those that must be taken into nonetheless create account. Moreover, the code requires an opening to the “Increasingly there is no that directors put in place internal law to challenge place to hide. Every controls to manage these risks and companies that fail company that has any to take account of review them regularly to ensure their kind of international effectiveness. Directors are also wider issues in required to identify these risks in the their business activity has attracted company’s annual report and to describe decisions. around the measures taken to address them.44 its periphery a bunch of Publicly-listed companies had to comply 9. A willingness with the new code by the end of 2000. web sites devoted to to change? exposing everything the Senior industry figures say that the Turnbull code might well trigger a quiet The more company’s does.” revolution, transforming environmental politically-astute Ruthworth Kidder reporting from a PR-driven exercise to a financial Institute for Global Ethics corporate governance issue. With institutions are corporate governance increasingly a aware of the need to adapt – and are major focus of shareholder concerns – moving to get ahead of the game.
31 The Campaigners’ Guide to Financial Markets
The new pension regulations, combined environmental scrutiny has mushroomed with public pressure, have already from £3 billion a few years ago to £500 begun to shift practice within UK billion today. 47 pension funds. According to research Increasingly, fund managers not by the consultancy Environmental previously part of the SRI movement are Resources Management (ERM), 21 of becoming involved. Societe General the 25 largest UK pension funds (which Asset Management (with £120 billion) between them own one-third of the UK and Schroders Investment Management stock market) are (£120 billion), for example, are intending to vet at developing their own SRI policies. For a younger least part of their generation of middle portfolios against Moreover, as Giles Chitty, a consultant with financial advisers Holden Meehan, managers, socially responsible investment (SRI) notes, “The nature of SRI has changed. environmental criteria.46 Research has become wider in scope, concerns (albeit of a deeper in penetration and better at Four pension funds “light green” variety) identifying themes, which helps make – including British investment policy more strategic and are increasingly Telecom’s £29 focuses the search for suitable accepted as part of billion fund and, investment.” 48 following a their everyday culture. A number of institutional investors – the campaign by Jupiter Ecology Ecology Fund and NPI’s students, the Global Care Fund, managed by university lecturers’ Universities Henderson Global Investors, are two Superannuation Scheme (USS) – have examples – are now moving beyond announced that they will apply an SRI screening out “bad” companies to policy, focusing on engagement, across selecting shares in companies that are their portfolios (see Box, “The ‘Ethics best in their sector when measured for USS’ campaign”, p.100). Still against specific social and others – for example, CGNU’s Morley environmental criteria. Fund Management, which controls £200 billion worth of funds, Friends Ivory The extent to which such policies are and Sime and Henderson Global transforming financial institutions should Investors – are taking up a new style of not be exaggerated, however. For the pro-active shareholding, with fund most part, profit is still all that counts managers using their power as large with the vast majority of institutional shareholders to engage in “constructive investors. ERM’s survey, for example, dialogue” with companies, pressing for revealed that many funds do not have the change from within. If companies fail to specialist staff to undertake the address the fund managers’ concerns, promised SRI policies – and that “when disinvestment is likely to follow. questioned further about what their policy of engagement means, many of Local authorities, which control them didn’t know.” 49 substantial pension funds, have also been at the forefront of SRI. Even Rob Harrison from Corporate Critic, a before the new pension laws came into business ethics website, is still more effect, Norfolk, Lancashire and sceptical. “When the regulation was Nottingham County Councils have first being discussed with both a issued instructions for a portion of their negative screening and engagement funds to be managed on an SRI basis. component, the pension industry was All told, the value of UK investment predicting, among other things, the now subject to some form of social and collapse of the arms and tobacco
32 The Campaigners’ Guide to Financial Markets industries. Since negative screening was dropped, the industry now supports The limits of it, as it clearly no longer believes that engagement alone will change market activism anything.” 50 Nonetheless, Harrison concedes that the Financial market campaigns have clear new regulations are a useful first step limits – not least because they leave towards reforming corporate behaviour. unchallenged the underlying The commitment to undertake even fundamentals of the free market agenda. minimal screening offers space which They also pose many dilemmas for public interest groups can usefully activist groups – to what extent, for exploit to leverage change, ratchet up example, do they deflect from efforts to standards and publicise their concerns. achieve deeper structural change?
The impact of shareholder activism The US experience
istorically, so-called Corporation to include more resolutions. Experienced “social resolutions,” such environmentally and socially shareholder activists view as shareholder proposals conscious board members. In filing resolutions akin to Hon environmental, human December of 1999, after years ringing a doorbell: when you rights, worker and social of shareholder dialogue and file a proposal, the company issues, have never achieved a with new corporate leadership, comes to the door. Once the “technical win” at any Ford announced that it would door is opened, the company. This means that no pull out of the Global Climate shareholder begins or company has ever been forced Coalition, an industry lobby accelerates a dialogue to take action because a social group opposed to cutting process, which can create an resolution has received a carbon dioxide emissions. avenue for corporate change. majority vote. The lack of When a social resolution technical wins has led some But even when shareholder receives a significant number critics to argue that activity does not produce of votes (10% for example), shareholder power cannot immediate results, the actions well-governed companies effectively influence corporate of concerned and vocal usually feel the need to social behaviour. shareholders are an important address the issue at hand tool for social change: First, through a dialogue process, However, the ultimate impact when shareholders which hopefully leads to a of shareholder activism may be communicate their values and meaningful course of action. difficult to determine, as concerns to the companies they companies may make changes own, they exercise ownership To build a strategic campaign, as a result of shareholder responsibility, one of their most one must set realistic resolutions or dialogue, yet important rights and avenues objectives for what not publicly cite shareholder toward making companies more shareholder activism can concern and pressure as part accountable. When investors achieve, and share of the impetus for making express their social as well as information with and create/ such changes. For example, financial goals, they help make maintain an alliance with social shareholder concerns and Wall Street or the City more movements. Coordination is activity played a part in democratic and responsive to particularly important to dismantling apartheid in South societal concerns. inform shareholder dialogues Africa through disinvestment. and to keep companies from It also helped persuade Second, experience and “dividing and conquering” McDonald’s to phase out the evidence shows that sustained, individual activists through use of polystyrene packaging. strategic shareholder activism separate discussions. has helped social investors meet More recently, shareholders their goal of influencing Michelle Chan-Fishel have contributed to public corporate culture and social Reproduced from Friends of the pressure on Home Depot to performance. Building a Earth-US, Guide to Shareholder phase out wood sourced from sustained campaign means that Activism. The Guide can be environmentally-sensitive investor activists must have a downloaded from www.foe.org/ areas, and for the Maxxam strategy beyond simply filing international/shareholderinternational/shareholder.
33 The Campaigners’ Guide to Financial Markets
There is also a limit to what can For example: actually be achieved through lobbying financial institutions and markets. Campaigns directed against companies can be enhanced by targeting First, most companies will not respond shareholders... unless there is already external or Many corporate campaigns are often internal pressure for change. In that directed primarily at consumers, politicians respect, financial lobbying generally and the media. If letters are written to the pushes companies in directions in financial community, they are generally which they were already minded to go. directed solely to the company. For a little extra effort, considerably more pressure can Second, in a globalised world, there is be exerted by ensuring that the company’s a limit to what even the most successful major shareholders are also kept informed campaign can achieve unless and lobbied. As the chair of one major UK governments and international bodies company recently remarked: “Sticks and are prepared to step in and lay down stones may break my bones, but international rules. As Greenpeace institutional shareholders can fire me. remarks of the campaign for more Give me ten nutters throwing eggs at me responsible use of timber: “Logging any time rather than one institution casting its votes against re-electing one of companies may . . . seek to open up my directors.”52 markets which do not demand green products and they may try to Shareholders are a largely supplement losses made by increasing disorganised and untapped constituency logging rates. This also happens. It is that could prove a potent political force also the point where the influence of for progressive social activism. wood users reaches its limits and the responsibility of international Many members of public interest groups and trade unions are shareholders (via their governmental bodies and trade 51 pension funds) in major companies with federations is most pressing.” poor environmental rights records. That said, lobbying the major players in Mobilised into effective shareholder action financial markets – from banks to groups, they could help exert considerable political power within financial markets. pension funds and financial analysts – can add to the effectiveness of public interest campaigns in a number of ways. Is a financial campaign appropriate for your Put your own house in order appropriate for your organisation? arger NGOs should be aware of a particular hazard in a financial markets campaign. You A campaign targeted at financial may be investing in the companies or sectors institutions is just one of many options Lyou are targeting. This is because you may have significant assets in your pension fund, endowments available to activists. So the first or foundations invested in the stock market, and decision that any campaign needs to may be holding shares in those companies you seek to criticise. If the media finds out (and journalists consider is whether or not a financial will look – charities have been criticised on this markets campaign is even appropriate: point) you could end up looking foolish. It is easy other tactics and strategies – such as enough to check first, and to take action to deflect criticism. Better still, make should such funds have consumer boycotts, political lobbying, an SRI policy first – perhaps it should be your first legal actions or public demonstrations – step in financial campaigning. may be more effective.
34 The Campaigners’ Guide to Financial Markets
At this stage, it is critically important to targeting if the participants are public share ideas and strategies with partner (quoted) companies, or if finance is being groups, particularly those at the obtained from mainstream institutions grassroots – for example, local such as High Street banks. In contrast, it community groups or trade unions. Even will generally be harder to campaign if a financial markets campaign is going effectively when much of the financing is private or comes from offshore to form a small part of your overall institutions, which have no obligation to lobbying strategy, it may still have major disclose the names of investors. institutional and political implications for the way in which you work. For Targeting financial markets is likely to example, financial market campaigns are be worthwhile if the project appears inevitably focused on players in the marginal on financial grounds – in such market, which tend to be financial circumstances, it may not be too difficult institutions in the North; this can lead to to persuade investors to abandon it. grassroots groups (particularly those Conversely, where a project appears directly affected by projects) being financially attractive, it will be much harder to persuade the financial markets excluded from campaign decision- to avoid it, although not impossible. making, robbing them of the initiative (see Box, “First, do no harm”, p.30). Financial markets may offer a useful Financial campaigns also tend to go in option for a highly-focused campaign the direction of dialogue with parties when a more general campaign looks with whom many public interest groups unlikely to have influence, or when other have been at odds: whilst this can open avenues appear closed or difficult. up political space, it can also undermine Similarly, if the involvement of other strategies being pursued by partner investors is routine or minor, groups. Keeping others informed of your campaigning may prove fruitless. A key thinking – and working through your test here is the level and type of financial mutual concerns – is thus critical. institutions involved – a major commitment from a commercial bank or The following points may help you the presence of a leading investment are gauge how useful a financial markets indicators that a financial market campaign might be to your work: campaign may be appropriate. Financial markets may be worth Frequently, there will be synergies
Internal review
efore finally committing yourself to a financial markets campaign, it is worth asking yourself Bsome questions about what a financial markets campaign might mean to your organisation. Have you discussed the implications of the campaign – and in particular of possible engagement with companies – with your colleagues and partners? Will such engagement undermine their work? Will it cut off alliances with other groups? Are you committed to a financial markets campaign and to making it work? Are you prepared to spend the necessary time and money for a successful financial markets campaign – are there better alternatives? Are you happy with the less confrontational approach that successful financial market campaigning entails? What will be the implications internally among your employees and volunteers of such an approach? Are there possibilities of partnership or co-operation with other organisations? Do your existing partner groups feel comfortable with a financial markets campaign? Will it divert energy from other more pressing issues or more fruitful avenues for campaigning?
35 The Campaigners’ Guide to Financial Markets
between financial markets campaigns tactics that have proved fruitful in other and a more general campaign. Typically, areas of campaigning may not be mobilising a consumer boycott of a appropriate for lobbying financiers. Often company because of its involvement in a financial markets campaign will be certain activities will help make clear the most effective if the “in-your-face- damage being done to the company’s approach” of many consumer campaigns reputation and the risks it runs. This is eschewed in favour of a more subtle may help make financial institutions and considered lobbying. more open to your approaches, encouraging them to join you in pressing Financial market campaigns also use up for change. resources and time which could be put to better use elsewhere. Skimping on That said, there will often be resources is not an option, however: tensions between targeting the financial don’t expect financiers to take you markets and other campaign agendas, seriously if you don’t take them priorities and tactics. For example, seriously.
36 The Campaigners’ Guide to Financial Markets Part Two UnderUnderstandingstanding thethe marmarkketet –– PsyPsyccholohologgyy,,, arargumentsguments andand openingsopenings
37 The Campaigners’ Guide to Financial Markets USINGUSING THETHE MARKETMARKET MENTMENTALITYALITY TTOO YYOUROUR ADADVVANTANTAAGEGE
inancial markets are where those who want money link up F with those who not only have money but are also prepared to make it available – in the expectation that they will receive more money back at some point in the future.
Understanding the psychology of the market is key to intervening successfully in it so as to persuade potential lenders or investors not to part with their money if it is going to fund activities that are socially or environmentally destructive.
The most striking feature of financial markets is that they are speculative: that is, they all involve an element of gambling.
This makes financial markets different from the markets that most of us experience in our everyday lives. If we go to a shop, for example, the goods on sale are real, physical objects that we can take away in our shopping bags.
38 The Campaigners’ Guide to Financial Markets
What’s on sale in financial markets, away from environmentally and socially however, is the prospect of getting damaging activities towards more something in the future. Having been sustainable development paths. persuaded to invest in a particular company, someone may shelve out However deeply a fund manager or millions – and end up getting nothing at stock broker may care as an individual all. Or they may end up getting a hefty about the loss of wildlife to industrial return on their money. What they get agriculture or the dangers back depends on the relative risk of the that toxic chemicals pose investment they made. The riskier the to her children, neither of these concerns are likely venture, the more they expect to make Fear is as great a out of it – and the higher the likelihood to influence her of failure. investment decisions if an motivator in agro-chemical company financial markets Such speculation frames the psychology looks like a safe of the market. It brings the possibility of investment bet. But where as greed. Whilst huge financial gains and with them the campaigners are able to the business of plaudits of one’s peers – but the flip side demonstrate that the financial markets of speculation is failure. Even financial returns from the is to make money, investments that appear safe as houses investment are unlikely to (government stocks, for example) can, be as high as she is market players like houses, collapse and end up being expecting (the “greed” are constantly worthless. Those who invested in factor) or that the haunted by the Russian Government bonds before the company’s activities First World War, for example, lost carry substantial hidden strong possibility everything when the Tsar was deposed financial risks (the “fear” of losing it – and in the Russian Revolution. What had factor), the fund manager having to justify seemed the safest possible bet in 1914 is in a better position to bad investment was worthless by 1917. argue for disinvestment from the company or for decisions to their Unsurprisingly, fear is as great a using existing colleagues and motivator in financial markets as greed. shareholdings to bring superiors. Whilst the business of financial markets pressure for change. is to make money, market players are haunted by the possibility of losing it – In effect, the arguments and of having to justify bad investment that count in financial markets are not decisions to their colleagues and those that are based on an appeal to superiors. Evaluating the risks of an ethics or environmental self-interest investment is thus a constant (“investing in this company means that preoccupation. Indeed, when financial your children are more likely to get institutions are investing money cancer”) but to financial risk (“law suits entrusted to them by others (pension arising from cancer cases will cost this beneficiaries, for example), they are company a lot of money and your obliged by law to undertake what is investment won’t earn as much as you known as “due diligence”. thought”). But it should be noted that all financial activities carry some risk, and to simply Exposing the risks point out that there is a risk involved won’t tell an investor anything new. The This preoccupation with risk provides key concept in finance is the balance of campaigners with an entry point for any risk and reward. Some investments campaign aimed at directing investment (such as government bonds) are very
39 The Campaigners’ Guide to Financial Markets
Reading the balance sheet: How is the company doing?
he best way to get a are thus an important indicator measure of value, again linked quick view of a of value. Increasingly companies to growth – low growth company’s financial are looking at other ways to companies should have an healthT (at least as reported by repay investors, such as special above average yield, whereas the company) is to look at its dividends, share buy-backs and high growth companies will annual accounts. Here are stock splits, principally in order have a low or zero yield. The some of the issues to to reduce tax liabilities. importance of yield will vary consider: from investor to investor and from market to market. Results Other considerations Earnings is a fundamental Cash flow valuations figure. The greatest emphasis Having gathered the “Cash is king” goes the saying, is on the earnings after tax – information above, analysts will and many believe that cash “the bottom line” – and the then endeavour to pull it all flow analysis gives a more earnings per share (earnings together into a valuation of the realistic picture of a divided by the number of company. Whilst the current company’s real value than shares). But there is a never- year’s results may be known, other figures. Cash flow ending debate about how to next year’s figures are likely to valuations are based either on calculate earnings, as there is be an estimate, and the a simple ratio, like the PE scope to massage the figures following year’s can only be ratio, or on techniques such as and to change results, in the guessed at. The available discounted cash flow analysis. figures do not therefore give short-term at least. Another problem is with non-recurring much indication of a company’s Asset valuations items, such as charges arising future value. To overcome this, In certain situations, the from a major takeover, which analysts use a number of other balance sheet can be used as a can distort one year’s results means to value the company: guide to value – a company and affect valuations. Price Earnings Ratios whose market capitalisation is below its balance sheet value Intermediate financial Price-Earnings (PE) ratios are is often considered cheap. But indicators the most common way of balance sheets are subject to linking price to the current substantial distortion: assets These include operating earnings per share – price is may be worth far less or more margins, interest cover and expressed as a multiple of than they appear on the dividend cover, and the return earnings per share. This forms a balance sheet, which limits the on assets/capital employed. simple basis for comparing value of such figures – unless These indicate how well the different stocks. Thus if there a careful analysis is carried company is performing and are two similar companies, one out. In certain sectors, such as some of the risks it faces. trading on a PE of 20 and the insurance and property, asset Attention is also paid to other other on a PE of 30, the one on valuations are useful because figures such as: a PE of 30 would be regarded the balance sheet is more · EBITDA (Earnings Before as more expensive than the likely to reflect current values. Interest, Tax, Depreciation other, unless other and Amortisation), which is compensating factors can be Turnover valuations intended to give a identified. Essentially, it would Another way to value a indication of the underlying take 30 years of current business is focused on earning power of the earnings to repay an investment turnover, that is the company before more rather than 20 years. The most throughput of money in any variable factors. important other factor is one year. The argument is that · cash flow / cash flow growth – a higher PE ratio turnover shows the size of the per share. These figures would normally indicate a business, and, so long as indicate the actual cash higher expected growth rate. profit margins can be flowing into the company – For example, high growth compared to an industry and are intended to pharmaceutical or average, should indicate the exclude many accounting biotechnology stocks may trade bottom line potential. tricks. Note that it takes no on a PE of 50 or more, whereas Turnover valuations are most account of depreciation. a heavy industry stock (mining, useful in sectors such as · turnover which indicates pulp and paper, chemicals) may retailing, and least relevant in the overall business be on a PE ratio of 10. sectors such as high growth generated by the company. Dividend yield technology stocks. Turnover valuations are often used in Dividends This represents the dividend as takeovers as they give the a percentage of price – the acquiring company an This is the main way that opposite of the PE ratio. The example of the size of market companies repay investors and dividend yield provides another they are buying.
40 The Campaigners’ Guide to Financial Markets
(relatively!) secure investments – one is The company is going to be in a unlikely to lose all one’s money on position to repay any money it has them; but the trade-off is that the rates borrowed. of return on the investment are low. Below we list eight areas where Other investments (for example, campaigners can develop financial providing venture capital for start-up arguments that will exert technology firms) carry enormous risk, pressure on companies but if the gamble pays off, the investor by highlighting these The most powerful can reap huge gains. Some investors investor concerns. To campaigns are those prefer these high risk / high reward have maximum impact, investments; others prefer the slow and it is important to focus that use analysis to steady, safer, low risk / low reward on the issues that trouble demonstrate that the ones; many portfolios try to balance the investors, not those that two types. Your real input can be in project is not viable trouble NGOs. Where or a sound persuading investors that they’ve possible, this means underestimated the total risk of their presenting your investment. investment (for example, by neglecting concerns in terms that environmental or political issues), so play upon the the reward they expect no longer preoccupations of the financial justifies the risk. community and which financial markets will take seriously. Some key pressure 1. Management quality points – and how to For investment analysts, the quality of a company’s management is of utmost use them concern, although it is a factor that is difficult to assess and quantify. Analysts Many risks are considered routinely by look for evidence of a good track record investment analysts when valuing – that is, that the management has companies, using a range of financial delivered on its promises in the past. indicators (see Box, “Reading a Black marks are scored when a balance sheet”, p.40). Other company has become embroiled in considerations are also taken into adverse publicity; when concerns have account in order to build up a more been raised over corruption or legal complete picture of the company. liabilities; or when there is evidence of Ultimately, investors want to be incoherence in corporate policy. reassured that: Campaigners can call attention to The company’s basic finances are in “corporate governance” concerns to good order. show how a company’s depredations are The company is being competently run. in fact management failures that threaten The company’s business strategy to dent the company’s reputation or “stacks up” financially. otherwise damage its financial value. The return on any investment is Bear in mind, however, that investors in commensurate with the risks involved – different countries may differ the bigger the risk, the higher the considerably in how much weight they expected return. give to a particular indicator of “good The company does not face outstanding corporate governance”. In the UK, for legal liabilities or other “non- example, considerable attention is financial” risks. currently paid to whether or not the
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company has an environment policy. In “stagnant” or “insular”. the US, by contrast, this is not a major consideration. Check whether the company is a signatory to any sector-based Campaigners can call To assess a company’s environmental statement or guidelines. management quality, For example, more than 100 banks are now attention to “corporate campaigners should: signatories to the United Nations governance” concerns Environment Programme’s “Statement on to show how corporate Check whether Banking and Sustainable Development”, which commits the banks to incorporate misconduct is in fact a the company has an environmental policy environmental concerns in all aspects of business. Draw attention to how current “management failure” and a social policy... that threatens the practice violates the stated commitments – Compare any policy and the implications for management. In the company’s reputation or commitments with the case of dam-building companies, a useful otherwise damage its company’s operations on set of guidelines to cite are those of the the ground. Highlight any World Commission on Dams (WCD),54 financial value. violations – and draw which recommends inter alia that dams attention to how these should be built only when the project enjoys indicate a failure by demonstrable public acceptance. The management to institute proper internal Swedish construction firm Skanska has controls. Use other company statements stated that it will observe the WCD (for example, articles by senior guidelines and a number of other companies management or speeches made to business are considering following suit. seminars) to draw attention to gaps between stated policy and actual practice. Check the company’s annual report: Raise questions about the integrity of are there board level directors management – and the extent to which its responsible for environmental and pronouncements can be trusted. Point to community affff airs? the potentially severe consequences for the community afff airs? company’s image at a time when investors If there aren’t, raise this omission as a are becoming increasingly sensitive to corporate governance issue. Point to the corporate ethics when deciding on their damage being done to the company’s investment portfolios. If the company has reputation by environmental controversies no policy, highlight this lack as a major or community resistance. Relate these to the corporate governance failure. management’s failure to ensure clear lines of accountability for addressing the company’s environmental and social Compare the company’s policies and Compare the company’s policies and impacts. If the company does have an internal controls (or lack of them) to environmental director, demand that he or best practice elsewhere in the industry... she be held accountable for the damage If there are better guidelines which other done by the company, for example, by companies follow, cite them as evidence of being replaced. the management’s failure to keep pace with its competitors. As Michelle Chan-Fishel, a Check the company’s annual report to campaigner at Friends of the Earth-US, see what “non-financial” risks it reports... notes: “Argue that the company of the Does it assess environmental risks? Does it future will be ‘forward-looking’, reveal allegations of corruption that have ‘innovative’, ‘intelligent’, ‘dynamic’, been made against the company? Does it ‘setting the benchmark’ and characterised cite legal proceedings that have been by its environmental responsibility, good threatened against the company? If not, community ties and strong labour raise these omissions. For UK companies, relations.”53 By contrast, use the targeted cite the recent Turnbull Report (see p.31) company’s record and inferior management which now requires companies listed on the standards to portray it as “backwards”, UK Stock Exchange to report annually on
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ABB – Moving out of dams A sector-wide campaign
n March 2000, ABB – Asea International criticism of ABB’s unlikely to be more than 4% Brown Boveri, the Swedish- involvement in projects such as annually for the period 1990 Swiss power giant – Bakun (Malaysia), Three Gorges to 2020 – much lower than for announcedI that it was selling (China) and the Lesotho other power industries and in its hydropower division. Three Highlands Water Project sharp contrast to renewables months later, ABB announced a (Lesotho) had made the which are growing at 10-20%; new focus on alternative company defensive of its energy technologies, such as hydropower division. Since The industry is facing wind and solar – a market the 1996, the company’s annual mounting public opposition, company described as “huge”. reports and environmental declining political support and ABB stated that it expected to management reports regularly the drying up of development increase its sales of carried large sections on the subsidies for large dam renewables and small-scale issue of dams. projects; power generation from $400 Hydro is proving unable to million to $1.4 billion by the compete in the increasingly year 2004. A sector wide campaign competitive energy market. Private investors are reluctant Initially, campaigners focused to finance hydro projects, ABB and dams on ABB’s involvement in which are seen as high risk individual dams, conducting investments but with low rates classic letter writing campaigns of return. The report also The decision followed a to the company drawing its stressed that the problems decade-long campaign by attention to the environmental facing hydropower raised Swiss, Swedish and other NGOs and social problems its projects major issues for ABB to persuade ABB and other were causing. These generated shareholders about the power generation companies a huge public response – 25,000 company’s strategy and its to reconsider their postcards were sent to ABB commitment to management involvement in hydropower – a over its involvement in the excellence. Most obviously: campaign that had included Three Gorges dam from Swiss tactics from mass letter writing ABB’s failure to heed citizens alone. Protests were warnings about the flimsy to protests and shareholder also held outside ABB’s offices actions. financial viability of the Bakun in several countries. Such dam in Malaysia, from which it Since its birth in 1988 — the protests resulted in major was forced to withdraw, cast result of a merger between adverse publicity for the serious doubts over senior the European engineering company – denting its management’s corporate giants Asea of Sweden and reputation as a leader in judgment. Brown Boveri of Switzerland — sustainable development and ABB has established itself as exerting increased pressure on Opposition to dams in one of the world’s biggest and the company. which ABB was involved was most dominant engineering already having a negative and technology companies. Following the highly-successful impact on the company’s Major divisions include power investor-focused campaign image, with financial generation; power against the Bakun dam in implications for investors. Malaysia, the Berne Declaration, transmission and distribution; The need to “manage” the financial services; a Swiss NGO, and the Swedish Society for Nature Conservation adverse publicity caused by transportation; and industrial ABB’s hydro portfolio was and building systems. In (SSNC) commissioned a report from Eco-Asia (Consultants) Ltd, taking up considerable senior addition to supplying oil, gas, management time which might nuclear and petrochemical a UK-based consultancy, to review the long-term financial be more productively spent generating and distribution elsewhere. equipment, the company’s viability of ABB’s power sector energy divisions have been strategy. Entitled High Risk–Low ABB’s strategy of “chasing involved in numerous dams Return, the report forecast a orders” in Asia might be around the world, often acting shrinking hydropower market exposing the company to as lead equipment supplier. for companies such as ABB due unwarranted financial risks, to social and environmental often not recorded on the ABB has supplied some 2,200 protests and a lack of private generators for hydroelectric company’s balance sheet. and public finance. Describing dams — generating hydro as a “sunset” industry, it ABB was losing out to its approximately 150,000 MW, or argued: rivals by missing opportunities one-fifth, of the world’s in the renewable energy sector installed hydropower capacity. Growth in the hydro sector is – a “natural market for the
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company”. energy sector are having for the The WCD reported in The report concluded: future risks and returns of the November 2000, just months “Shareholders should call on hydropower industry.” The after ABB had announced its ABB to review its commitment resolution was supported by withdrawal from the hydro to hydro and to justify any several socially-responsible industry. The Commission continuing involvement in the investors, but rejected by the vindicated the majority of the context of the company’s vast majority of shareholders. concerns that non- overall business strategy.” governmental organisations had been raising about the Broadening the campaign social, economic and Shareholder action environmental impacts of It is unknown how far the Eco- large dams. It recommended Following publication of the Asia report influenced the ABB radical reforms in the planning report, the Berne Declaration management in its subsequent process for energy and water and SSNC ensured that its reappraisal of the company’s projects and made a series of findings were circulated to involvement in hydro. ABB has recommendations for new key ABB analysts, major ABB said that the decision was taken dam projects, including shareholders and financial on the basis of an overall ensuring the demonstrable journalists. The groups also market analysis – but that the public acceptance of affected mounted a shareholder company took the growing communities. resolution at ABB’s 1998 sensitivity of major shareholders Annual General Meeting, regarding social and NGOs are now urging industry calling on ABB to reconsider environmental concerns “very to adopt, as a minimum, the its power sector strategy and seriously”. Many of the recommendations of the WCD to shift its research and arguments in the report, and are lobbying investors to development to alternative however, were subsequently screen out projects that do energy technologies. taken forward by the Berne not comply. Already the Declaration and others to the Swedish construction giant The resolution recommended World Commission on Dams Skanska has stated that it will that “ABB undertake a (WCD), set up by the World adopt the WCD’s comprehensive study on the Bank and the International Union recommendations. ABB’s impacts which the growing for the Conservation of Nature withdrawal from the sensitisation regarding the (IUCN) in 1996 to review the hydropower industry provides social and environmental past performance of dams and a powerful argument for impacts of large dams; the to make recommendations for pressuringcompanies whose drying up of public funds for future guidelines. ABB’s Chief shareholders still view large such projects; and the global Executive, Goran Lindahl, was dams as a financially viable trend of privatisation in the one of the WCD Commissioners. sector.
the steps they have taken to institute Cite examples of protests against the internal controls for managing all risks to company... their businesses, including non-financial risks. Argue that the risks cited should fall If you have run a letter-writing campaign, within the remit of any such report – and let investors know how many letters the that failing to include them is evidence of company was sent (this is not information poor management. that the company itself is likely to impart). Where protests are international, give details Where you have evidence of of how many companies are involved. environmental damage caused by the Again, link the protests back to corporate company,,, document it in relation to governance concerns: what does the corporate governance failures... company’s poor handling of environmental Investors will be less interested in the and social issues tell investors about its number of fish killed by a pollution incident ability to handle other aspects of its than in what the incident tells them about business? Have the protests meant that the company’s management structures. senior management is now spending too Relate the damage done to deficiencies in much time on one or two controversial any environmental impact assessment that projects – to the detriment of other business was undertaken or to the failure of activities? Are there signs that the management to heed warnings that management is obsessed with the issue/ problems were afoot. If there are potential project? And that their judgement has legal liabilities, highlight these. become impaired?
44 The Campaigners’ Guide to Financial Markets