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    Need for Legislative Frameworks to Guide Markets  
    London, UK - 24 June 2007, 23:15 GMT - We are grateful to Sir Mark 
      Moody-Stuart, Chairman, Anglo-American, and Member, Tomorrow's Global Company, 
      Inquiry Team, based in London, UK, for "Need for Legislative Frameworks 
      to Guide Markets"; and Anouradha Bakshi, Founder Director, Project 
      WHY, based in New Delhi, India, for "Where 
      is the Empathy? Short Term Capitalism and Long Term Environmental Damage"; 
     in response to the Launch of the International Inquiry 
      Report - Tomorrow's Global Company - Challenges and Choices signed by 
      senior figures from businesses and NGOs based in Europe, North America and 
      Asia. These include: ABB, Alcan, Anglo American, Amnesty International Business 
      Group, BP, Dr Reddy's, Ford, the International Institute for Sustainable 
      Development, Infosys, KPMG, Leaders' Quest, McKinsey, Standard Chartered, 
      SUEZ, and SustainAbility. The international inquiry draws on their experience 
      and on dialogues, workshops and interviews conducted across the world in 
      countries including Australia, China, France, India, South Africa, United 
      Kingdom, and United States by Tomorrow's Company led by Mark Goyder.
  
      
      Dear ATCA Colleagues [Please note that the views presented by individual contributors 
        are not necessarily representative of the views of ATCA, which is neutral. 
        ATCA conducts collective Socratic dialogue on global opportunities and 
        threats.]
 Sir Mark Moody-Stuart is Chairman of Anglo American plc, a global mining 
        and natural resources company, and a member of Accenture's board of directors 
        since October 2001. From 1998-2001 Sir Mark was Chairman of the Royal 
        Dutch/Shell Group of companies. He was also Chairman of The "Shell 
        Transport and Trading Company" from 1997 to 2001. He is also a non-executive 
        director of HSBC Holdings plc, a Governor of Nuffield Hospitals and President 
        of the Liverpool School of Tropical Medicine. He was Co-Chair of the G8 
        Task Force on Renewable Energy in 2000 and 2001.
 
 Following a Doctorate in Geology from Cambridge University, Sir Mark's 
        working life has been mostly with Shell, largely working in countries 
        outside of Europe. Early practical experience gained in Spain, Oman, Brunei 
        and Australia was in 1976 focused on to the major challenge of leading 
        Shell's teams in exploring the UK North Sea - at a time when the fields 
        in the northern North Sea were coming on stream and new exploration plays 
        were developing. Thereafter, he left exploration for more general management, 
        working in Africa, Europe and Asia. As Shell's most senior representative 
        in Turkey and Malaysia, he was involved in developing Shell's businesses 
        in those countries, working with national governments to initiate a number 
        of major projects. In 1990 Sir Mark returned to Europe, to The Hague, 
        to take up the position of co-ordinator of Shell's exploration and production 
        operations outside North America.
 
 Sir Mark became a Knight Commander of the Order of St Michael and St George 
        in June 2000. He is a Fellow of the Geological Society, the Royal Geographical 
        Society and the Institute of Petroleum, which also awarded him the Cadman 
        Medal in 2001. He is an Honorary Fellow of St John's College Cambridge, 
        an Honorary Fellow of the Society of Chemical Engineers and was awarded 
        an Honorary Doctorate in Business Administration from Robert Gordon University, 
        Aberdeen and an Honorary Doctorate of Law from the University of Aberdeen. 
        Sir Mark was born in Antigua, West Indies. He and his wife Judy have been 
        married for over 40 years. They have three sons and a daughter. All family 
        members are keen sailors. He writes:
 
 Dear DK and Colleagues
 
 Re: Need for Legislative Frameworks to Guide Markets
 
 I read with interest Anouradha Bakshi's comment on the negative environmental 
        impact of the disposal of plastic pouches or sachets that are used by 
        companies to sell increasing amounts of material - initially detergent 
        and shampoo, but subsequently much else - to very low income groups living 
        in deprived conditions in urban slums. Anouradha suggests that a simple 
        solution with major impact would be for the government to legislate to 
        ban such packaging.
 
 Apart from the environmental issue, Anouradha's comment raises many deep 
        questions including the impact of consumer advertising in creating or 
        stimulating demand and the fundamental question as to the value of the 
        products to the consumer. I too am no expert in these areas, but the "Tomorrows 
        Global Company" Report does address as one of three central issues 
        the question of legislative frameworks needed to guide markets, particularly 
        in areas where individual consumer choice may not be to the benefit of 
        consumers collectively who make up much of society.
 
 There are many areas where the activities of businesses in providing goods 
        and services for society can have unintended detrimental side effects. 
        Sometimes these effects are clear, but very often the effects are indirect. 
        While these issues are sometimes identified by the companies concerned, 
        they are more often brought to the attention of the companies by civil 
        society organisations or NGOs. The report gives several examples of such 
        cases where progressive companies and NGOs or labour organisations work 
        together, sometimes with local or national governments, to develop frameworks 
        to address such situations. Examples are the Extractive Industries Transparency 
        Initiative (EITI), the Kimberly Process to prevent the use of diamonds 
        to fund warlords and conflict, the Voluntary Principles on Security and 
        Human Rights, work done by Unilever and the WWF on Sustainable Fisheries 
        and so on. As the report points out, although these start as "voluntary 
        initiatives" they become accepted as good practice and are often 
        incorporated as standards into national legislation covering all companies, 
        national and multinational. We suggest that "Tomorrows Global Company" 
        should play an active role with other sectors of society in the development 
        of such frameworks. We also suggest that once the frameworks prove practical 
        and robust they should be incorporated into legislative standards and 
        that when this has been done progressive companies should support such 
        regulation.
 
 What has all of this to do with plastic waste? Most societies address 
        issues of waste from multiple angles - from the reduction of waste in 
        manufacturing and marketing (packaging) through the encouragement of consumers 
        to dispose of the waste responsibly, recycling where possible, and the 
        encouragement of industries to collect and treat the waste. Although as 
        I said I am no expert on the particular subject of pouches or sachets, 
        I imagine one could look at a variety of approaches, ranging from the 
        reduction or elimination of the pouches (possible re-usable containers), 
        the practicality of refundable deposits to ensure collection and re-use, 
        to the encouragement of the collection of plastic waste generally for 
        recycling, perhaps through small and relatively informal businesses. I 
        have seen in the Mondi paper and packaging unit of Anglo American the 
        development in south Africa of viable small street businesses for the 
        collection of waste paper as an important part of the input into the paper 
        making process. Such businesses can be encouraged by loans or assistance 
        for the acquisition of hand carts for the collection of paper. The businesses 
        provide many jobs for unskilled people, often providing a first step on 
        the ladder of economic self sufficiency. It is however clear that any 
        approach has to take into account local societal norms and behaviour as 
        well as other socio-economic factors.
 
 I suggest that if a number of civil society organisations with a deep 
        knowledge of the economics and livelihoods of the urban areas concerned 
        got together with the companies selling the materials in pouches or sachets, 
        perhaps also with some of the small businesses who undoubtedly form part 
        of the sales and distribution chain of these materials, perhaps also with 
        local government, it might be possible to come up with a number of practical 
        solutions. This could indeed lead to legislation, but hopefully legislation 
        that was framed to prevent unintended consequences in other areas. I suspect 
        that a company such as Unilever, which has an excellent record of working 
        with NGOs not only to develop such frameworks, but also in studying with 
        a development NGO the impact of their business on a developing society 
        as a whole, would be a willing participant in such a group through Hindustan 
        Lever. I hasten to add that I have no connection with Unilever and certainly 
        cannot speak for them.
 
 Best wishes
 
 
 Mark Moody-Stuart
 [ENDS] We look forward to your further thoughts, observations and views. Thank 
      you. Best wishes 
    
      
        
          
            
              For and on behalf of DK Matai, Chairman, Asymmetric Threats Contingency 
                Alliance (ATCA)
 
 
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