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Lucía Sanou [10868690]

Submission final version: 29th of June 2015

MSc. in Business Administration – International Management Track University of Amsterdam UvA

Supervisor: Dr. Ilir Haxhi

Second reader: Msc. Robert Kleinknecht

POWER DISTRIBUTION BETWEEN MULTINATIONALS AND

INDIGENOUS COMMUNITIES: THE AFFECT OF MNE

GOVERNANCE PRACTICES ON CONFLICT DYNAMICS

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Statement of originality

This document is written by Lucía Sanou who declares to take full responsibility for the contents

of this document.

I declare that the text and the work presented in this document is original and that no sources

other than those mentioned in the text and its references have been used in creating it.

The Faculty of Economics and Business is responsible solely for the supervision of completion of

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Table of content

List of tables and figures... 4

Abstract ... 5

1. Introduction ... 6

2. Literature review ... 11

2.1 Indigenous communities ... 11

2.1.1 Indigenous people in South Africa ... 11

2.1.2 Indigenous people in Nigeria ... 12

2.2 Conflict Dynamics ... 13

2.3 The Stakeholder Power distribution... 15

2.4 MNE Corporate governance practices ... 19

2.5 The National government as a moderator ... 22

3. Theoretical framework ... 25

3.1 Hypothesis 1 ... 26

3.2 Hypothesis 2 ... 28

3.3 Hypothesis 3 ... 30

3.4 The National government as a moderator ... 31

4. Data & Method ... 34

4.1 Sample & Data collection ... 34

4.2 Data assessment ... 34 4.2.1 Dependant variables... 36 4.2.2 Independent variables ... 36 4.2.3 Moderating variables ... 37 4.2.4 Control variables... 38 4.3 Method ... 38

4.4 Data Cleaning & dealing with missing values ... 40

5. Results ... 43

5.1 Descriptive statistics ... 43

5.1.1 Normal distribution ... 43

5.1.2 Frequency distribution analysis ... 44

5.2 The Variance Inflation Factor (VIF) ... 45

5.3 Correlation ... 46

5.4 Regression ... 47

5.5 Chi-Square test ... 48

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6. Discussion & Conclusion ... 53

6.1 Limitation... 56

6.2 Conclusion ... 58

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List of tables and figures

Figure 2.1 The stakeholder Typology, one, two, or three attributes present p. 16

Figure 3.1 Conceptual framework p. 26

Table 4.1 The different variables used for this study p. 36

Table 4.2 Stepwise linear regression model specification p. 40

Table 4.3 Chi-Square test model specification p. 40

Table 4.4 Frequency table of the ‘DJWSI & FTSE4Good Index’ p. 42

Table 5.1 Descriptive analysis of the scale variables p. 43

Table 5.2 Frequency distribution analysis of ‘Degree of violence’ p. 44 Table 5.3 Frequency distribution of ‘MNE stated policy towards Indigenous

communities’

p. 45

Table 5.4 The Variance Inflation Factor of the Independent variables, the moderators, and the control variables

p. 45

Table 5.5 Bivariate correlation matrix p. 46

Table 5.6 Stepwise linear regression analysis p. 47

Table 5.7 Frequency table of the Chi-Square test between the ‘Degree of violence’, ‘The MNE stated policy’, the ‘DJWSI 2014’, and the ‘FTSE4Good Index’

p. 49

Table 5.8 Chi-Square test results of table 5.7 p. 50

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Abstract

Conflicts between Multinational Enterprises (further mentioned as MNEs) and Indigenous

communities are often about natural resource extraction, resulting often in conflicting relationships

with different degrees of violence. Within a conflict the power is not equally distributed between the

main stakeholders, such as the MNE, the Indigenous community, and the national government. In fact

due to overpowering MNEs and ineffective and corrupt governments, the Indigenous community is

mostly a demanding external stakeholder lacking legitimacy and power, since their needs and right are

often ignored. This is an important issue; however, little research has been conducted on the extent

to which existing governance practices effect this power distribution and especially how MNE

governance practices affect the conflict dynamics. Contrary to previous research, by taking a

quantitative approach, this study has been set up as a pilot study to explore the relationship between

several MNE governance practices (e.g., global sustainability benchmarks: Dow Jones World

Sustainability Index & FTSE4Good Index, MNE memberships with organisations that regard Indigenous

policies, MNE policy towards Indigenous people) and conflict dynamics (i.e., degree of violence and

length of the conflict). The national government (i.e., Government effectiveness and Control of

corruption) acts as a moderator in this research. Our findings show that only the number of MNE

memberships has a significant effect on the Length of Conflict, although not the expected effect. This

effect was not significantly moderator by the National government. The other hypotheses were

rejected. This paper contributes in two ways to the existing International Management literature, first

a theoretical gap has been filed by examining if the existing MNE governance practices have the

perceived and desired effect on MNE and Indigenous conflicts. Second, this study shows a new,

quantitative, research approach to the topic. By rethinking the application of MNE governance

practices the findings show their practical implication.

Key words: Indigenous community, conflict, Multinationals (MNE), stakeholder model, power distribution, Corporate governance, Nigeria, South Africa

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1. Introduction

During the 1990’s when the economic globalisation started to emerge, an era of increased

cooperation between Multinationals (further mentioned as MNEs) and national governments started.

(Dunning, 1998) Even formerly hostile governments opened up their boarders to MNEs as they

believed the opportunities of trade and free market capitalism would improve the overall standard of

living. (Greider, 1997) New regional forms of cross-border production networks emerge. Therefore, all

interest groups, including indigenous communities, were effected by production activities of MNEs.

(Dunning, 1998) Due to the processes described above, Local communities have gained importance in

MNE activities, which has reputational as well as financial consequences. (Calvano, 2008)

An example of this transition is shown in the Niger Delta. Well before the 15th century the Niger Delta

region of Nigeria has been occupied by Indigenous communities of whom the Ogoni are one of the

largest with a population of 500.000. Traditionally the Ogoni live from fishing and agriculture until oil

was discovered in the second half of the 20th century. In 2009, oil accounted for 90 percent of Nigeria’s

export earnings and 80 percent of government revenue. (International Labour Organization and

African Commission on Human & Peoples’ Rights, 2009) The rights to sell or dispose of land belongs to

the community, while individuals of the community only have the right of usufruct, based on

customary law. The Ogoni claim that their culture and way of living is threatened by degradation of

the environment due to oil pollution. And even though they are the owners of the land, ‘the revenue

allocation formula places the control of oil revenues in the hands of the federal government of Nigeria.’

(International Labour Organization and African Commission on Human & Peoples’ Rights, 2009)

As stated by the literature and shown in the example above, in most conflicts MNEs are involved who’s

main business activity is concerned with resource extraction such as in the oil & gas industry, mining,

hydro-electric power generation, and agriculture. (Whiteman, 2009) Most conflicts in states that are

rich in natural resources are characterized by violence to control those resources. (Reno, 2003, p. 45)

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a negative interaction or relationship throughout history. Over time the expectations of the public

demand improvement of ethical behaviour from resource industries towards Indigenous communities

which now adds more complexity to the matter. Industries are under pressure for sustainable resource

development with growing public investigation of corporate social and environmental performance.

(Lertzman & Vredenburg, 2005) As extraction of resources has an obvious impact on the environment

and therefore on the lands and lives of Indigenous people, this has led to ethical challenges often

resulting in conflict. (Lertzman & Vredenburg, 2005) Resource conflicts can become severe, inducing

violence and undermine the livelihood of communities and need to be addressed. (Suliman, 2005)

A conflict comes into existence when ‘‘Each party wants to pursue its own interests to the full, and in

so doing ends up contradicting, compromising, or even defeating the interest of the other.’’ (Ochieng

Odhiambo, 2000, p. 8) Therefore, we can say that conflict is a type of relationship between opposing

forces. (Deloges & Gauthier, 1997, p. 4) Those opposing forces in a conflict consist out of at least three

stakeholders; The National Government, The Indigenous community and the MNE. A large part in MNE,

national government and Indigenous community conflict is the stakeholder power inequality. Power

is "the probability that one actor within a social relationship would be in a position to carry out his own

will despite resistance." (Weber, 1947) According to Mitchell et al. (1997) an actor in a relationship has

power but only to ‘the extent it has or can gain access to coercive, utilitarian, or normative means, to

impose its will in the relationship.’ Traditional theories on stakeholder relevance tend to neglect the

interests of local communities. (Banerjee, 2000)

Even though MNE are paying more attention to get on common grounds with external stakeholders

(Harrison & John, 1996) Indigenous communities are still undervalued relative to other stakeholders.

‘Yet, traditional models for examining business’ relationship with its stakeholders usually ignore or

minimize power dynamics.’ (Calvano, 2008) Therefore, applying Corporate Social Responsibility

(Further mentioned as CSR) as a measure for conflict resolution is a topic often researched in relation

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organisational studies. The understanding of the influence of the MNE and their governance practices

on the MNE and indigenous conflict remains underdeveloped.

In short, conflicts between MNEs and Indigenous communities are mainly driven by the control over

natural resources, resource management and territory. (Bebbington, et al., 2008) These conflicts are

complex and tend to become violent and therefore stretch over time. This is a result of stakeholder

imbalance and unequal power distribution. Due to more media attention and global awareness of

human rights violations and raised ethical concerns about MNE business activities, Nongovernmental

Organisations (further mentioned as NGOs) start to get involved and activism starts to emerge. They

demand for MNEs to answer for the way they do business by incorporating CSR practices into their

business activities and governance practices. Research confirms the positive effect on a company’s

image, strengthen of its brand, and stock value. (Porter & Kramer, 2006). However, this research

focusses on how CSR incorporation into governance practices actually affects what it is meant to affect,

conflict dynamics. This is an important issue; however, little research has been conducted on the

extent to which these MNE governance practices affect the conflict dynamics, and more particularly

the degree of violence and the length of the conflict. By applying a quantitative approach, and by

exploring in-depth several cases, this study addresses the following research question:

To what extent the MNE governance practices affect conflict dynamics?

Due to the underdevelopment of the country (i.e., Nigeria and South Africa) the economic opportunity

that arises with the entrance of the MNE prevails the Indigenous community rights. (Foster, 2012) This

opportunism is fostered by state weakness and corporate mis-governance. (Ikelegbe, 2005) This makes

the National government involved in the conflict an actor in the contest over power and wealth. As

mentioned, this stakeholder power distribution and therefore conflict dynamics is also affected by the

third important stakeholder, the National government. The government effectiveness and the control

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and conflicts within Africa and Latin-America, with a specific focus on Nigeria and South Africa. This

research addresses the following moderator effect:

To what extent the MNE governance practices affect conflict dynamics and to what extend this effect is moderated by government effectiveness and control of corruption?

This research is set up according to what Tashakkori and Teddlie (1998, p. 83)state as a qualitative

data collection and analysis on a relatively unexplored topic, using the results to design and perform a

quantitative pilot phase of the study. A pilot study can be defined as pre-testing or ‘trying out’ a new

quantitative research design to, in this case, the topic of MNE and Indigenous conflicts. (Baker, 1994,

pp. 182-3)For a sample of 71 cases from 10 countries, we analyse the following relationship between

several MNE governance practices (e.g., Global sustainability benchmarks: Dow Jones World

Sustainability Index & FTSE4Good Index, MNE memberships with organisations that regard Indigenous

policies, MNE policy towards Indigenous people) and conflict dynamics (i.e., degree of violence and

length of the conflict). The findings show a significant relationship between the number of MNE

Memberships with organisations that regard Indigenous policy and the length of the conflict, although

not the expected and hypothesised effect. However, no other significant relationships were found. No

moderation effect was found.

First, this paper contributes to the International Management literature by examining if MNE

governance practices that incorporate CSR policies have the perceived and desired effect on conflicts

between Indigenous communities and MNEs. This is the main theoretical gap that has been identified.

This gap is discussed in-depth in the literature review and theoretical framework. Secondly, this study

contributes methodologically, as a pilot quantitative study in the area of International management,

‘this study fulfils a range of important functions and can provide valuable insights for other

researchers.’ (Van Teijlingen & Hundley, 2001). At the same time, in practical terms, the current study

provides insight in the effects of CRS incorporated governance practices and suggests that NGOs and

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This Research will be structured as follows: After this introduction a literature review follows which

results into the theoretical framework that states the research question and hypotheses. The next part

will be the data & method section which elaborates on the research design and variables. Next the

results follow who will be discussed in the discussion together with an elaborate chapter on the

limitations and future research perspectives. Lastly this research will end with a conclusion and a

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2. Literature review

This literature review will elaborate on different aspects of the research question, To what

extent the MNE governance practices affect conflict dynamics, under the umbrella of the stakeholder

theory purposed by Mitchell et al (1997). The three main stakeholders involved in a conflict, the

Indigenous community, MNE, and the National government, and their power distribution will be

discussed from different angles with respect to their influencers, NGOs and the National government.

It will discuss MNE governance practices in general and how these are linked to conflict dynamics.

2.1 Indigenous communities

‘The United Nations estimates that there are between three-hundred-fifty and five-hundred

million Indigenous People worldwide, comprising over five-thousand distinct groups.’ (Whiteman &

Cooper, 2000) Identifying Indigenous people is subjective to the context as there are numerous

criteria. One way of identifying Indigenous people is according to three criteria; cultural distinctiveness,

dependence on immediate natural environment, and self-identification in terms of political and social

marginalisation. (International Labour Organization and African Commission on Human & Peoples’

Rights, 2009) In South Africa there are two parallel definitions, one that refers to all African ancestry

as Indigenous people, the other refers to them as a ‘non-dominant groups or prior descent with distinct

territorial and cultural identities’. (Hitchcock & Vinding, 2004)

2.1.1 Indigenous people in South Africa

‘South Africa is dealing with the legacy of the racist apartheid policy, under which all

Indigenous peoples of South Africa were oppressed and discriminated against.’ (Economic and Social

counsil, 2005) The, since 1994, democratic government of south Africa has made tremendous efforts

by promoting human rights, to overcome the damage the old regime has conflicted to the Indigenous

communities. The main indigenous ethnic groups in South Africa are the; San People, Nama

communities, the Griqua association, and the revivalist Khoisan. Although, the 1996 constitution

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(Economic and Social counsil, 2005) The indigenous ethnic groups tend to live on the lower end of the

socio-economic scale do to loss of land, forcing them to distance from their cultural heritage and way

of living. Most ethnic groups are, since the apartheid, fighting for recognition of their identity as a

distinct Indigenous community. (Economic and Social counsil, 2005) South Africa has made big steps

towards the full recognition of Indigenous communities and their rights, but they are not there yet.

Indigenous communities have the foundation right of land and with the assistance of NGOs they have

effectively used legislation for land restitution. (Hitchcock & Vinding, 2004) About ten thousand South

Africans speak one of the indigenous languages, therefore their children have difficulties in school

because of language barriers and cultural differences. However, it has been decided by national

legislation that the government has to ‘promote, and create conditions for, the development and use

of the Khoi, Nama and San languages’. (Hitchcock & Vinding, 2004) Slowly, Indigenous people get

elevated from their underprivileged position, with the help of the National government and NGOs their

rights are getting more established and acted upon.

2.1.2 Indigenous people in Nigeria

In Nigeria namely the Ogonis, the Ijaws, and the Nomadic Fulanis, are identified as Indigenous

people. (International Labour Organization and African Commission on Human & Peoples’ Rights,

2009) around four-hundred-thousand Ogonis live on around four-hundred square meters of land in

the Niger Delta of Nigeria. Their community is divided over four kingdoms and each kingdom speaks

their own language. Most live from agriculture and fishing but their livelihood is in danger since oil was

discovered in the area. (International Labour Organization and African Commission on Human &

Peoples’ Rights, 2009) Therefore, most oil and gas conflicts involve Ogoni people. The Fulanis are the

largest group of around five million people, which is nighty-five percent of the nomadic herders in

Nigeria. The Ijaws are the fourth largest ethnic group in Nigeria and are regarded as the oldest settlers.

‘Indigenous groups in Nigeria have the following human rights concerns: land and natural resource

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economic and other aspects of cultural self-determination, and environmental degradation.’

(International Labour Organization and African Commission on Human & Peoples’ Rights, 2009)

Although, the law states that ‘self-identification must be regarded as a fundamental criterion for

determining an Indigenous people.’ (International Labour Organization and African Commission on

Human & Peoples’ Rights, 2009) The government still regards to ethnic groups rather than indigenous

groups. Many NGOs and civil society groups get involved in the self-identification process such as

‘Survival of Ogoni People (MOSOP), Social and Economic Rights Action Centre (SERAC), Economic

Rights Action Centre for Economic and Social Rights (CESR), and the Ijaw National Congress (INC).’

However, many Indigenous communities can be identified as such but do not have the voice to and

the means to fight for their rights.

Nigeria has been a democracy under a federal system of government, supervised by the military, since

1999. Corruption and self-interest of the government has been and still is a problem. Agreements such

as the Petroleum Acts of 1969 gives the National government control over the land and its natural

resources, undermines indigenous rights. Also the Ogoni people claim that the Nigerian state allows

oil companies to extract natural resources at the expense of the environment taking no International

best practices in account.

2.2 Conflict Dynamics

In most conflicts MNEs are involved who’s main business activity is concerned with resource

extraction such as in the oil & gas industry, mining, hydro-electric power generation, and agriculture.

(Whiteman, 2009) Mining refers to, for example the diamond and gold industry that is very developed

in South Africa. Therefore, most conflicts in states that are rich in natural resources are characterized

by violence to control those resources. (Reno, 2003, p. 45)According to Laplante and Spears (2008)

most criticism from communities is directed towards projects in the extractive industries as they are

disruptive to the environment, are complex and are often long. Some of these conflicts become violent

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(Bebbington, et al., 2008) Especially in less developed countries it is seen that economic activities

prevail over Indigenous community rights. (Foster, 2012)This shows how the national government is

also an important stakeholder in the MNE and Indigenous community conflict. Often the national

government and the MNE show interdependent relationships, for example in Nigeria.

The most important economic driver of Nigeria is the oil and gas industry, providing for the total of

seventy percent of the government revenues. (Lawal, 2004) Oil has made Nigeria an international

trading partner, part of the international economic platform. The Niger Delta oil region is done with

the exploitation of their land and show resistance against the Nigerian state and the MNE oil

companies. (Ikelegbe, 2005) The central argument of the article states that; state weakness and

corporate mis-governance provides motivation and opportunity for violence, crime, arms proliferation,

opportunism, and escalation of struggles and conflicts. (Ikelegbe, 2005)

According to many studies ‘the incidence of primary commodity exports and specifically mineral

wealth in states has been found to be associated with conflict and the occurrence and duration of civil

wars.’ (Ikelegbe, 2005) ‘Oil and gas exploration, exploitation and associated transport installations

have been reported to have a variety of environmental, social and health impacts for Indigenous

communities across the world’. (Napolitano & Ryan, 2007, p. 6) This is related to the struggle between

different parties over the control of natural resources, which has led to increased appropriation and

privatisation through exclusive contracts with foreign firms, but also corruption, violence, and the

ignorance of indigenous rights. (Ikelegbe, 2005) This is underscored by the fact that the state is

involved as an actor in the contest over power and wealth. (Breytenbach, n.d.)

Since the emergence of oil production in 1958 in the Niger Delta in Nigeria, the power struggle for the

control over these resources began and Indigenous communities have been struggling since. Around

1990 the indigenous youth started to rebel against the government and the big oil corporations.

(Ikelegbe, 2005) This resulted into more extensive actions such as; occupation, abduction of MNE staff,

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emerged, which was answered by the Indigenous communities with more violence to gain autonomy,

resource control and greater oil based benefits. (Ikelegbe, 2005) Over the years MNE and community

relations have improved and communities now often benefit from payments and settlements.

However, this is still not enough according to Indigenous communities and NGOs who started to get

more involved over time. Indigenous people seek justice, they perceive the natural resource

development as unjust, ‘despite the proliferation of corporate codes and social responsibility.’

(Whiteman, 2009) Also the various stakeholder relations programs seem to do nothing for the increase

of justice for the communities. (Whiteman, 2009)

2.3 The Stakeholder Power distribution

Even though MNE are paying more attention to get on common grounds with external

stakeholders (Harrison & John, 1996) Indigenous communities are still undervalued relative to other

stakeholders. However, conflicts are costly and time consuming and when played out in the media it

can cause reputational damage. The following court case of ‘Wiwa et al v. Royal Dutch Petroleum et

al.’ is a good example of how the unequal power distribution causes conflicts and how this can lead to

costly, time consuming activities for the MNE and damage to their reputation.

‘Royal Dutch Shell began using land in the Ogoni area of Nigeria for oil production in 1958. Pollution resulting from the oil production has contaminated the local water supply and agricultural land. Also, Royal Dutch/Shell for decades worked with the Nigerian military regime to suppress any and all demonstrations that were carried out in opposition to the oil company's activities. The oil company and its Nigerian subsidiary provided monetary and logistical support to the Nigerian police and bribed witnesses to produce false testimonies. In 1995, the company and its subsidiary colluded with the Nigerian government to bring about the arrest and execution of the Ogoni 9, who were a group of activists that were hanged on November 10, 1995 after a "trial" before a special military tribunal based on fabricated charges.’ (Center for Constitutional Rights, 2012)

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Traditional theories on stakeholder relevance tend to neglect the interests of local communities.

(Banerjee, 2000) The stakeholder salience model shown in figure 2.1 (Mitchell, et al., 1997) is a good

model to understand how MNEs balance the competing interests of internal and external groups.

According to this model, the accumulation of three characteristics – power, legitimacy and urgency –

implies the influence on the corporate decision making process a stakeholder group has. The first

characteristic is power, which might be hard to define but is very easy to recognize, ‘It is the ability of

those who possess power to bring about the outcomes they desire' (Mitchell, et al., 1997). The second

characteristic is legitimacy, Weber's (1947) proposal states that legitimacy and power are distinct

attributes that can combine to create authority. Power and legitimacy are viewed as independent

variables in the relationship between manager and stakeholder, to capture the dynamic of this

relationship the last characteristic of urgency is added. Urgency can only exist when two conditions

are met; 1) when the relationship is of a time-sensitive nature 2) when the relationship is critical to the

stakeholder. (Mitchell, et al., 1997)

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When applying this model on the conflict between MNEs and Indigenous communities, the MNE holds

the majority of power and managers have not perceived the community claims as legitimate, even

though there is a sense of urgency. (Calvano, 2008) This would place the Indigenous community in the

model above as a Demanding stakeholder. The Demanding stakeholder is the kind of stakeholder that

managers see as: ‘irksome but not dangerous, bothersome but not warranting more than passing

management attention.’ (Mitchell, et al., 1997) The urgency is trifling, without power and legitimacy.

Therefore, Indigenous communities stay in a salient state. NGOs who get involved in the conflict are

often a Definitive stakeholder if they poses the power and influence needed to change MNE policy

which depends on the NGO’s network, resources, and size. NGOs always seem to have legitimacy, if

stated by Langtry (1994) as; the firm is significantly responsible for their well-being or for those who

the NGO represents, and a moral or legal claim is hold against them. Also Urgency is acquired as the

relationship is of a time-sensitive nature and he relationship is critical to the NGO. This implies that if

no power is hold, the NGO becomes a dependant stakeholder. The third important stakeholder in MNE

and Indigenous conflicts is the National government. The national government often has the power

and the legitimacy but not the urgency. Their power increases when corruption is present, which

makes them a Dominant stakeholder. In the case of ‘Wiwa et al v. Royal Dutch Petroleum et al.’ the

salient state of Indigenous communities is enhanced by the corrupt government in Nigeria which

allows, in this case Royal Dutch Shell, to bribe the military so they will act in their advantage. This way

of doing business thrives in a liberal political climate where, as Friedman (1970) states ‘there is one,

and only one social responsibility of business: to use its resources and engage in activities designed to

increase its profits so long as it stays within the rules of the game.’

Since the 1990s Activist organizations and NGOs have grown more aggressive and effective in bringing

public pressures to bear on corporations, which caught most corporations by surprise. Over the years

the external stakeholders started to hold companies accountable for social issues and highlight large

financial risks for any firm whose conduct is deemed unacceptable. (Porter & Kramer, 2006) The first

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concerned with the ways in which an organization exceeds the minimum obligations to stakeholders

specified through regulation and corporate governance.’ However, multiple institutions define

Corporate Social Responsibility in different ways. The European Commission (2011) states that CSR is

a concept whereby companies integrate social and environmental concerns in their business

operations and in their interaction with their stakeholders on a voluntary basis and in a context specific

way. The Australia Standards Association is developing a standard for Corporate Social Responsibility

and defines CSR as a mechanism to voluntarily integrate social and environmental concerns into their

operations and their interactions with their stakeholders, which are over and above the entities’ legal

responsibilities. (Standards Australia, 2015) All of these definitions have in some prevailing

justifications for CSR in common; Companies have a duty to be good citizens and to do the right thing,

a moral obligation so to speak, and they have the responsibility of environmental and community

stewardship. (Porter & Kramer, 2006) Next to these moral obligations there is also the fear of

reputational damage, therefore CSR can be used to improve a company’s image, strengthen its brand,

enliven morale, and raise stock value. (Porter & Kramer, 2006) Lastly, every company needs tacit or

explicit permission from governments, communities, and other stakeholders, to do business. It is

important to keep stakeholders satisfied. (Porter & Kramer, 2006)

Friedman (1970) argues that a business cannot have social responsibilities towards their external

stakeholders as they can only do well in CSR at their own expense, and a business has the ultimate goal

to make profit. This is more in line with the shareholder model which has a focus on the common

interest of wealth maximization between management and stockholder, assuming that there are

diverging interests between stockholders and management. (Letza, et al., 2004) Therefore he sees CSR

as the responsibility of the government only. Other critics talk about the self-interest assumption,

which assumes that CSR leads to a free rider scenario where corporations only take the social

responsible course if this is in line with their profitability objectives. (Regan & Allen, 1998) The

following example shows the free rider effect in the form of ‘corporate philanthropy to buy-off or

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mean money or materials in exchange for support of the community. The amounts, although

significant for the communities, are a mere pittance for the MNE. Most Indigenous people have never

had any form of education, they are often illiterate, and therefore not always in the position to oversee

the long term consequences of the decisions of the MNE or of their own when they except the

buy-off. So presenting money to the community seems as a social responsible action, but in fact it might

be only done for the self-interest of the MNE than from a moral obligation.

Most developed countries have implemented regulations that mandate social responsibility reporting,

as well as ethical, social, and environmental risks should be listed in the annual report. This approach

is needed to integrate social considerations more effectively into core business and strategy. (Porter

& Kramer, 2006) Structured rules are needed to discourage the self-interest assumption, however the

effect of those CSR corporate governance practices is hard to measure. The effectiveness of rules and

regulations mandated by governments, but also global sustainability benchmarks such as the DJWSI

and the FTSE4God Index are still under debate.

2.4 MNE Corporate governance practices

‘Corporate governance can be defined broadly as the study of power and influence over

decision making within the corporation’ (Aguilera & Jackson, 2010, p. 487). According to Aoki (2000),

corporate governance concerns ‘the structure of rights and responsibilities among the parties with a

stake in the firm’. So corporate governance is about the control, power and influence within the

corporation and how this is structured and divided over the different firm stakeholders. Two basic

corporate governance models can be distinguished. The shareholder model which has a focus on the

common interest of wealth maximization between management and stockholder, assuming that there

are diverging interests between stockholders and management. (Letza, et al., 2004) While the

stakeholder model lies focus on responsibilities within the corporation rather than solely focussing on

profit maximization. While shareholders of corporations still value profit maximization, the rise of

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financial results, as explained above. As the influence and size of firms grow they are expected to be

more than contributors to the global economy, they are expected to balance people, planet and profit

and manage the interests of multiple stakeholders. (Jamali, et al., 2008)

To create “fairness” and balance out the amount of influence between those different stakeholders,

corporate governance practices are used. The Importance of Corporate Governance lies in the quest

of refining laws, regulations and contracts that govern the company’s operations. (Page, 2005)

‘Governance thus sets the tone for the organisation, defining how power is exerted and how decisions

are reached.’ (Jamali, et al., 2008) The board of directors is perhaps still the most central internal

governance mechanism (Daily, et al., 2003) and one of the corporate governance practices most often

mentioned in the literature. Whereas some governance practices are more informal, the board of

directors is the formal governing body of every cooperation. (Freeman & Evans, 1990) The directors of

the board are responsible for the budget, for developing strategies and also for corporate political

activities necessary for carful execution of firm activities. (Ozer, 2010) Other mechanisms to exert

control are for example regulations such as; company law, Incentive systems (pay) and stakeholder

pressure such as: credit monitoring, auditors, analysts, and competition. ‘Corporate Governance is not

entirely effective without a sustainable CSR drive because a company has to respond to the needs of

its various stakeholders in order to be profitable and create value for its shareholders/owners.’ (Jamali,

et al., 2008) How CSR is incorporated with governance practices has, among others, been researched

by Kolk (2008). He focuses specifically on Fortune Global 250 companies and the inclusion of

governance items in their sustainability reports. For example; bringing a separate sustainability

department into existence, having a code of conduct, and having a person or body finally responsible

for sustainable issues. (Kolk, 2008) This research together with, for example the word count of specific

“green” and “social” key-words within the annual report, can provide quantifiable information. Some

companies implement more concrete governance practices such as an external advisory council or a

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However, times have changed and companies are put more and more under pressure by the society

and NGOs to change their formal ways of governance and change their perspective on doing business.

Partly, due to some mayor scandals in various industries, the other stakeholders have gained

importance. Accountability is seen in the perspective of international codes such as those of The

Organisation for Economic Co-operation and Development with a mission statement that says to

‘promote policies that will improve the economic and social well-being of people around the world.’ (

Organisation for Economic Co-operation and Development, 2015) And also the International Corporate

Governance Network whose mission is ‘to inspire and promote effective standards of corporate

governance to advance efficient markets and economies world-wide.’ (International Corporate

Governance Network, 2015) These drivers of change, work together with large NGOs to force

corporations to think about the way they do business and force them to adapt and comply to new

regulations. So the traditional approach to accountability has changed, due to conflicts, incidents and

events that caught the attention of the public. Companies now use sustainable reporting voluntarily

to give account of the ‘societal and environmental implications of doing business to external

stakeholders.’ (Kolk, 2008) This has broadened including also the social and financial aspects, the

People, Planet, Profit approach. ‘This report is perceived as fulfilling a role in how companies account

for their CSR.’ (Kolk, 2008) This concept embodies the economic, legal, ethical and philanthropic

responsibilities towards their stakeholders in particular and the society in general. (Carroll, 1999)

So, managers are ‘stewards’ who must balance the interests of different groups for the good of the

firm ‘as a whole’. (Jamali, et al., 2008) The stakeholder theory emphasises sharing in control, especially

when risk cannot be dealt with by contract. When responsibility is shared, the control needs to be

shared as well so every stakeholder has an equal amount of influence on the outcome and feels

responsible. The literature suggests by incorporating CSR in the governance practices of the MNE,

power over the different stakeholders gets distributed more equally. This research extends the focus

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in MNE governance practices actually has a positive influence on the power balance between the MNEs

and its various stakeholders.

2.5 The National government as a moderator

According to Mitchell et al. (1997) a party to a relationship has power but only to ‘the extent

it has or can gain access to coercive, utilitarian, or normative means, to impose its will in the

relationship.’ Therefore influence is related to having, or having access to certain resources. Having

power is related to certain rights and laws. Being able to exert influence and power depends on the

legal and political structure of the country and is effected by the level of corruption. ‘Poorly equipped

schools, counterfeit medicine and elections decided by money are just some of the consequences of

public sector corruption. Bribes and backroom deals don’t just steal resources from the most

vulnerable – they undermine justice and economic development, and destroy public trust in

government and leaders.’ (Transparency International, 2015)

The Participation model of Grant & Keohane (2005) discusses how governments can distribute power.

This model refers to the optimal political state of a country where the power distribution is in balance,

the Democracy. First of all, individuals need to be free to make their own decisions, which is the first

fundamental principle. The second fundamental principle of the model is that people, and their

interests should be treated equally. The Legitimacy depends on full participation, so ‘public power is

legitimate only to the extent that decisions serve the interests of the people as a whole’ (Grant &

Keohane, 2005) According to these principles the ones who have power ought to be accountable and

have the responsibility towards the ones effected by their decisions. In a democracy those

fundamental principles are institutionalised, however in Africa and Latin-Amerika most of the

countries have not institutionalised these principles or systems often due to corruption and other

disruptive events and mechanisms. Therefore the power distribution is out of balance.

In Nigeria, as well as in South Africa, power and influence are mainly distributed by corruption, shown

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Group, 2014). This creates an opportunity for MNEs to acquire more power and ignore Indigenous

community’s interests as shown in the example below:

‘The court ruled in favour of the Bonny community of the Niger Delta, River state Nigeria, against Royal Dutch Shell. Shell was ordered to give back the land which they illegally received an ownership certificate, handed to them by the state government. The Bonny people and Elders filed suit against Shell of ‘secretly obtaining a certificate of occupancy on the property from the Rivers state government. They argued that under the July 1958 agreement between the two parties, Shell was only a tenant on the land while the Bonny people remained the landlord.’’ (Rowell, 2008)

Due to poverty and low development, MNEs are often wanted for job opportunities and for building

infrastructure, which creates mutual dependencies. A clear example of those mutual dependencies is

shown in the role Shell has in Nigeria. As ‘carriers of democratic values’ multinational companies like

Shell often take on the role of governments in these regions. Shell on its own generates seventy-five

percent of the Nigerian government’s revenues and nearly thirty-five percent of the country’s GNP.

This almost reverses the roles as the national government benefits greatly from the oil industry in this

case, and the MNE almost functions as a government. These kind of twisted and unequal power

relations cause national governments to be ‘more tightly connected to the needs and interests of

corporations and less so to the public interest’ (Bakan, 2004, p. 154) Combined with the high level of

corruption and poor government effectiveness, the Indigenous community rights gain less attention.

The governance practices of the MNE are mostly influenced by the pressure of external stakeholders,

such as investors, NGOs, Indigenous communities and the consumer preference. Due to pressure from

investors, MNEs list themselves in global sustainability benchmarks such as the DJWSI and the

FTSE4Good Index. NGOs, Indigenous communities and consumers have pressured MNEs to

incorporate CSR into their business activities by creating stated policies on Indigenous people. As the

literature states, also the National government has influence on the MNE and how they conduct their

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corruption control. The same amount of influence is exerted on the Indigenous community. Therefore,

the government, government effectiveness and control of corruption, will act as a moderator in this

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3. Theoretical framework

Conflicts between MNEs and Indigenous communities are mainly driven by the control over

natural resources, resource management and territory. (Bebbington, et al., 2008) These conflicts are

complex and tend to become violent and therefore stretch over time. This is a result of stakeholder

imbalance and unequal power distribution. The stakeholder salience model by Mitchell et al (1997)

explains the power distribution between the three main stakeholders (i.e., MNE, Indigenous

community, and the National government) discussed in this research. Due to the underdevelopment

of the country (i.e., Nigeria and South Africa) the economic opportunity that arises with the entrance

of the MNE prevails the Indigenous community rights. (Foster, 2012) This opportunism is fostered by

state weakness and corporate mis-governance. (Ikelegbe, 2005) This makes the National government

involved in the conflict an actor in the contest over power and wealth. (Breytenbach, n.d.) Due to more

media attention and global awareness of human rights violations and raised ethical concerns about

MNE business activities, NGO start to get involved and activism starts to emerge. They demand for

MNEs to answer for the way they do business by incorporating CSR practices into their business

activities and governance practices. The MNEs incorporates CSR practices into their governance

practices by getting listed global sustainable benchmarks such as the DJWSI and the FTSE4Good Index,

by writing a code of conduct and state specific policies of interaction with Indigenous communities,

but also by associating with and acquire memberships with organisations that are concerned with

Indigenous policies such as NGOs. Research confirms the positive effect of incorporating CSR practices

into their governance practices on a company’s image, strengthen of its brand, and stock value. (Porter

& Kramer, 2006). However, this research focusses on how CSR incorporation into governance practices

actually affects what it is meant to affect, conflict dynamics. This research therefore addresses the gap

that aims to investigate the actual effect of CSR on the conflict stakeholders, in this case the Indigenous

community. By applying a quantitative approach, and by exploring in-depth several cases, this study

addresses the following research question: To what extent the MNE governance practices affect

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Contrary to previous research, by taking a quantitative, this study has been set up as a pilot study to

explore the relationship between several MNE governance practices (i.e., global sustainability

benchmarks: Dow Jones World Sustainability & FTSE4Good Indices, MNE memberships with

organisations that regard Indigenous policies, and MNE policy towards Indigenous people) and conflict

dynamics (i.e., degree of violence and length of the conflict). The conceptual model of this research is

illustrated in figure 3.1.

H1

H2

H2

H3

Figure 3.1 Conceptual framework

3.1 Hypothesis 1

‘Nongovernmental organisations (NGOs) have emerged as a powerful force on the

government and business landscape.’ (Schepers, 2006) Research in the International Business field has

described NGOs as ‘a third key set of players in value creation and governance around the world.’

(Teegen, et al., 2004) The United Nations (UN) has over two-thousand-five-hundred NGOs as

registered advisors. NGOs are advising several governments and businesses on forming policies and

several social and environmental issues. They are the voice of the society and advocate critical advice

on policy making. (Schepers, 2006) NGOs empower and assist local communities in efforts to increase

government services or form cooperatives against MNEs. They are seen as the intermediate between

the individual or communities and the government and MNEs. NGOs exist in so called ‘networks’. (Keck

& Sikkink, 1998) Within these networks, NGOs link with other NGOs through mutual agreements or M: Government effectiveness

& Control of Corruption

IV: MNE Memberships DV: Length of conflict

DV: Degree of violence

IV: MNE Stated Policy IV: FTSE4Good Index IV: DJWSI 2014

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through memberships in third parties. The model distinguishes between two types of NGO networks,

the NNGO (North NGO) and the SNGO (South NGO). The NNGO is from a wealthier democratic society

and therefore has money and power. They associate with organisations such as the United Nations

and the World Trade Organisation. They acquire information from the SNGOs to pressure MNEs by

influencing shareholders and consumers in developed countries, and through this process change MNE

policy. The SNGO is from a low developed country, has little influence over the government, and often

has to deal with corruption. They depend on likeminded NNGOs for money and influence to change

government and MNE policy. (Schepers, 2006)

As the NGO is merely the advisor, they push the MNE towards creating ideal policy that deals with

Indigenous people as the NGO envisioned. However, Husted and de Jesus Salazar (2006) suggested

that ‘there is an optimal level of strategic CSR’ When the difference between social benefits and social

costs is maximized, and the amount of social good at the least social cost is realised. Therefore, they

believe MNEs only regard to CSR as a form of portfolio management. This topic is very much debated

in the light of prioritizing goals, environment over human rights for example. (Schepers, 2006) ‘So the

quest is than to search for an optimal portfolio.’ (Schepers, 2006) Keck and Sikkink (1998) identified

four political tactics used to influence MNE policy making; ‘information politics (unbiased scientific

report), symbolic politics (transforms an event into a symbol of ideals), leverage politics (using

governments to act), and accountability politics (hold MNEs accountable for promises and stated

policy).’ (Keck & Sikkink, 1998) By using media as a pressure tool, information is transformed into

power. The MNE is threatened by reputational damage, sales losses, and potential stock loses,

therefore the cost-benefit analysis will be made and new CSR policies might be adopted. An example

of this process is Nestlé in South Africa who was ‘pressured into altering its marketing of infant formula

in Africa through worldwide consumer boycotts organized by NNGOs’. (Sethi, 1994) MNEs have

initiated multiple CSR activities to repair damage they have done to either environment or human

(29)

This research addresses MNE memberships as the number of total memberships with organisations

that associate with Indigenous policy. These organisations or NGOs advocate Indigenous rights and

influence policy making within the MNE. They empower the Indigenous community by arguing their

rights and also by arguing on their side in MNE Indigenous conflicts. Therefore the length of the conflict

is shorter as the conflict is dealt with as NGOs add urgency and legitimacy to the stakeholder role of

the Indigenous community, therefore the conflict is addressed instead of neglected and ignored.

Therefore, we predict/hypothesize that:

H1: The more memberships the MNE has with organisations that associate with Indigenous policies, the shorter the length of conflict with the indigenous community.

3.2 Hypothesis 2

Several studies focus on how CSR should improve the position and the amount of influence Indigenous

communities have in a conflict situation. CSR is however a difficult mechanism to apply as it is based

on voluntary actions. Therefore, most developed governments have implemented rules that mandate

CSR incorporation, which is needed to integrate social considerations more effectively into core

business and strategy. (Porter & Kramer, 2006) It could be argued that formally committing to certain

CSR activities leads to more socially responsible behaviour, in the light of motivation theory. (O'Neil &

Drillings, 1994) The motivation or goal setting theory explains that the more conscious a person, or in

this case the MNE, is of the goal the more committed they become to achieving the goal and the more

likely they will succeed. (O'Neil & Drillings, 1994) A research on the commitment and loyalty difference

between a formal/written contract and an informal/handshake contract endorses this statement, and

shows that a written contract leads to higher commitment. (Frankel, et al., 1996) Therefore, when an

organisation formally commits to a specific CSR code of conduct regarding Indigenous people the

organisation is more likely to act on them.

The most well-known global sustainability benchmarks are the Dow Jones World Sustainability Index

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subject to various ethical criteria. Research on the DJWSI show that being listed leads to a favourable

risk/return profile for investors. ‘In the long-term sustainability companies deliver more predictable

results. Therefore, investors will seek out leading sustainability companies for above average growth

on which they can rely.’ (Knoepfel, 2001) Some research expresses some criticism on the way of

measurement and checklists used for as well as the DJWSI as the FTSE4Good Index. ‘Measuring and

publicizing social performance is a potentially powerful way to influence corporate behaviour,

assuming that the ratings are consistently measured and accurately reflect corporate social impact.

Chatterji and Levine (2006) criticize the method of measurement used as the DJWSI has a strong focus

on economic performance and the FTSE4Good Index does not measuring economic performance.

Therefore, they might show different results in sustainability benchmarking. It has been argued by

numerous researches if these indices have the capacity to change corporate behaviour. Friedman and

Miles (2001) foresee a major improvement in CSR reporting. They predict that the FTSE4GoodIndex,

who was established in 2001, will be a catalyst for change and will pressurise companies to conform

to social responsible norms. A later study by Collison et al (2009) found a small agreement from the

respondents that ‘the FTSE4Good Index had led to some operational change’.

For this research the DJWSI and the FTSE4Good Index are coded as dummy variables where 0 mean

the MNE is not listed and 1 means the MNE is listed. It is expected that if an MNE is listed in the DJWSI

or in the FTSE4Good Index, their behaviour towards Indigenous people will be different, in a sense that

their rights are taken more into account and they are treated with respect to human rights. So, a

positive significant effect is expected and the conflict will be less violent. Therefore, we

predict/hypothesize that:

H2: Listing of the MNE in a CSR Global sustainable benchmark leads to a lower degree of violence with the indigenous community.

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3.3 Hypothesis 3

Two corporate governance models often discussed in the literature are the shareholder model

and the stakeholder model. The shareholder model has a focus on the common interest of wealth

maximization between management and stockholder, assuming that there are diverging interests

between stockholders and management. (Letza, et al., 2004) However, the stakeholder salience model

by Mitchell et al (1997) suggest how to interact with all the different stakeholder and stretches the

responsibilities the MNE has towards their stakeholders beside profit maximization as suggested by

the shareholder model. Due to rising social activism, NGOs, and new societal expectations,

corporations are forced to examine other goals besides financial results. The stakeholder model is

therefore an often discussed model or tool to balance people, planet and profit by managing the

interests of multiple stakeholders. (Jamali, et al., 2008)

Not solely NGOs and activists are urging MNEs to adopt more CSR business practices, also shareholders

have taken a discourse from the traditional shareholder approach. A new investment approach, Social

Responsible Investment (SRI), emerged and uses both financial and non-financial criteria to asses asset

purchase. (Guay, et al., 2004) SRI funds are growing rapidly and gain popularity globally. As discussed

by Guay et al (2004) SRI influences the corporate governance practices of MNEs and the policies they

adopt. It aims at maximizing profits by incorporating CSR practices into business activities, which can

be seen as an incorporation of both the shareholder and stakeholder theory approach. Through stated

policy and incorporated CSR practices Indigenous communities can be empowered as their rights are

accounted for in approaching business activities. In line with the stakeholder approach, this topic is

discussed by Crawley and Sinclair (2003) who researched the influence of the stated policy of

Australian mining companies and the effect on interaction with Indigenous communities. An effect of

positive change and increased ethical behaviour was found, however under the condition that the

intention of the mining company was to share power with the Indigenous community. Additional they

found that companies who exceeded the “basic requirements” (Crawley & Sinclair, 2003, p. 364) were

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Indigenous communities, use humane and non-violent resources to resolve a conflict. Especially when

communities are involved in the process the conflict could be resolved in a collaborate way.

This research addresses MNE stated policy towards Indigenous communities into three categories. The

first category states that the MNE has no policy towards Indigenous communities. This implies there is

no mention of Indigenous communities in their annual reports, no separate section that addresses CSR

practices concerning Indigenous communities, and no mention of Indigenous communities on the MNE

website. The second category states that the MNE only mentions vague statements about interacting

with Indigenous communities or only mention certain CSR practices involving local communities in the

area without a specific reference to Indigenous communities. An example of a vague statement is how

Mineral Commodities Ltd. Addresses CSR and governance practices on their website; ‘Mineral

Commodities Ltd. strives to be a responsible corporate citizen… and is committed to conduct business

within the spirit and letter of the laws of all jurisdictions we operate in.’ (Mineral Commodities Ltd.,

2015) The last category states strong policy which means that the MNE acknowledges Indigenous rights

through actively getting involved in empowering and livelihood improving projects or clearly state how

they tend to meet Indigenous needs and rights as a stakeholder. As the Indigenous community is an

important stakeholder in the MNE Indigenous conflict, a strong MNE stated policy towards Indigenous

communities would empower the communities. This empowerment influences the conflict dynamics,

therefore, the degree of violence will be lower as the Indigenous communities are treated according

to the MNE stated policy, with regard to their rights and with respect for their needs. Therefore, we

predict/hypothesize that:

H3: The stronger the MNE stated policies towards Indigenous communities, the lower the degree of violence with the indigenous community.

3.4 The National government as a moderator

National governments all over the world lack in institutional checks and balances to constrain

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to come to mutual beneficial agreements, especially when it comes to conflict situations. Due to

politics there is potential coercion which effects the balance of power. (Grant & Keohane, 2005) The

problem lies with the absence of ‘an effective constitutional system that constrains power in an

institutionalized way.’ (Grant & Keohane, 2005) Even minimal constraints seem absent in domestic

governments, which gives powerful actors such as MNEs a change to wield power or even abuse their

power for their own good.

If both government effectiveness and control of corruption are high, conflicts between Indigenous

communities and MNEs would be resolved through the Institutions of the National government, as

power and justice will be granted to those who rightfully deserve it. However, if both of them are low,

the conflict cannot be fairly treated in court and will be resolved in a different matter, assumable by

force from both parties. When power is "the probability that one actor within a social relationship

would be in a position to carry out his own will despite resistance." (Weber, 1947) A corrupt system

will provide individuals or even whole political parties with power they do not necessarily deserve or

are granted by the society. This can cause conflicts to get “resolved” outside the rule of law and beyond

any ethical considerations. Boundaries disappear as extensive power creates the opportunity to carry

out its will by force. Corruption and poor government effectiveness fosters this effect which again is

fostered by mutual dependencies between corporations and national governments. These kind of

twisted and unequal power relations cause national governments to be ‘more tightly connected to the

needs and interests of corporations and less so to the public interest’ (Bakan, 2004, p. 154) This effects

not only the power distribution between al the conflict stakeholders but undermines the

empowerment of the Indigenous community. This can escalate into more violent conflicts that will

stretch over time, due to lack of interference and complexity.

The two moderating variables (i.e., Government effectiveness and control of corruption) were coded

from the World Governance Indicators (WGI). These were coded as ordinal variables with six

(34)

the degree of violence as well as the length of the conflict, as low government effectiveness and control

of corruption leads to a higher degree of violence and an increased length of conflict. The literature

has led to the following moderator effects of Government effectiveness and Control of corruption on

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4. Data & Method

4.1 Sample & Data collection

Pilot studies are often based on a small sample size (Van Teijlingen & Hundley, 2001). The

sample consist out of seventy-one case studies on conflicts between Indigenous communities and

MNEs in ten countries (i.e., South Africa, Nigeria, Ecuador, Colombia, Mexico, Guatemala, Peru, Kenya,

Uganda, and Tanzania). No particular time frame has been chosen as it difficult to determine when a

case fits a certain time frame as it may have started in 1968 but is still ongoing, or because the start of

a conflict is uncertain. A conflict is classified as "any relationship between opposing forces whether

marked by violence or not" (Castro & Nielsen, 2001). For this study the opposing forces are the

Indigenous community and the MNE. Generally, the cases are established by third parties to the

Indigenous community and MNE conflict such as NGOs, law firms and other groups that advocate

indigenous sovereignty. The sample is selected by availability. Those Indigenous communities who

were unable to draw the attention from NGOs and media to their conflicts with MNEs were excluded

from this study as no information on these conflicts can be found. This limits the sample to those

conflicts that get international attention. As a quantitative approach to this subject has never been

done before, creating a database was challenging and asked for a pioneering approach where

availability, besides quality of the data, was of primary importance. High quality data/cases are

characterized by the amount of detail and the reliability of the source.

The data was obtained from several resources, such as newspaper articles, UN reports, specialised

websites on indigenous conflicts, court websites and NGOs or governmental websites. Information on

the relationship between Indigenous communities and the state was found at indigenous rights

organisations or from ethnographic descriptions of communities.

4.2 Data assessment

All cases are analysed and coded into a set of variables. The variables and coding manual were

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for his future research on this topic. Due to the collaboration with other master students who work on

the same topic but code conflicts from different countries, forty-five variables were coded. For this

study, only a few of those were used as shown in Table 4.1 below.

With the research question in mind, to investigate a possible relationship between MNE governance

practices and the effect on conflict dynamics, conflict dynamics will be the dependant variable (DV).

The Independent variables (IV) are the different MNE governance practices. The moderator is the

National government who exerts power on both the MNE and the Indigenous communities.

Relation Name of variable Coded Type of variable

De p en d a n t Va ri ab le (DV ) C o n fl ic t Dyna m ic s

Length of conflict Coded as: ‘number of months’ Scale

Degree of violence 1: ‘Low level of violence involving; Legal system, Road block, and Occupation of any property’ 2: ‘Medium level of violence involving; Destruction, Damage, Injuries, and Kidnapping’

3: ‘High level of violence involving: Torture and Death’ Ordinal In d ep en d en t Va ri ab les (IV) MN E g o ve rn a n ce p ra cti ce s

MNE stated policy towards Indigenous communities

1: ‘No mention of community consent or no mention of specific policy’

2: ‘Vague statements like “supports consultation”, but with no explicit mention of consent’

3: ‘Strong statements like “support prior and informed consent”’

Ordinal

MNE memberships Coded as: ‘number of MNE memberships in organisations who associated with indigenous policies’

Scale

FTSE4Good Index 2013

1: ‘yes’ 0: ‘no’ Nominal

DJWSI 2014 1: ‘yes’ 0: ‘no’ Nominal

Mo d er a to r (M) Government effectiveness

Worldwide Governance Indicators (WGI) 2013 in categories:

1: 0-10% 4: 50-75% 2: 10-25% 5: 75-90% 3: 25-50% 6: 90-100%

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