Ethical Standards and Marketing

Careers in the business world would apply as a backup plan to a career in academia, as a holder of an MBA and future Doctor of Business Administration. The preponderance toward marketing brings both ethical dilemmas and a conundrum. Marketing and advertising both offer the higher yield incomes for those fortunate enough to gain a stake in these professions, and the emergence of money as a motivator in commerce (Singhapakdi, Vitell, Lee, Nisius, & Yu, 2013) has made this monetary motivation illustrious to say the least. The intrinsic attitudes in business today lean toward striving for financial success based on scriptures stating money as the root of evil things or serving either God or money, as opposed to striving for financial success based on the biblical reward attached to reaping according to the fruit of one’s labor (Mazereeuw-van der Duijn Schouten, Graafland, & Kaptein, 2014).

Unbefitting an ethical statement; the obvious motivation for pursuing a career in marketing or business falls squarely upon the greatest stoical dilemma in marketing, the pursuit of monetary gains over the respect of persons, religion, and the benefit of society or the environment and future generations, which potentially prompted the recent rash of scandals in the business world (Singhapakdi, et. al., 2013). While religiosity affects values, beliefs, and behaviors, religious executives in a recent study displayed no propensity to engage in socially relevant and supportive activities than non-religious executives, whether because of a lack of belief in humankind, or because of the intricate problems associated with attempting to integrate religion and business ethics (Mazereeuw-van der Duijn Schouten, et. al., 2014). Previous studies have investigated the relationship between religiosity or religious executives and the disposition of religious executives to act according to religious ethics on the job, which included comparing the ethical activity of religious executives with non-religious executives in ethical decision-making, and these studies returned mixed results (Mazereeuw-van der Duijn Schouten, et. al., 2014).

In summary, a recent article examined the problem of money as the motivator and the potential relevance this monetary motivation may have contributed to unethical behavior in the business world. The article examined how the love of money relates to unethical business behavior; primarily, the effects of the love of money on marketing manager’s ethical decision making. Additionally, the article speculated that because society, in general, focuses largely on religion for moral reasoning, religiosity potentially plays a role in the marketing manager’s outlook, in as far as, ethical decision making. Religiosity in an individual need not have a measurement in terms of attendance at a place of worship or open commitment to a religious group (McDougle, Handy, Konrath, & Walk, 2014).

Instead, in private spirituality and spiritual beliefs not associated with a particular religious group may indicate a spiritually based person (McDougle, et. al., 2014). The path of God or the preponderance of an individual to consider themselves and to what extent these individual’s consider themselves acting in service to God best describes religiosity (Singhapakdi, et. al., 2013). The article hypothesized that managers with extrinsic religiosity operate under a more utilitarian agenda and work more for the gains associated with business success, and, therefore, fail to adopt any genuine ethical perspectives (Singhapakdi, et. al., 2013).

Intrinsic religiosity on the other hand refers to those managers who possess a more spiritually driven religious motivation and those managers that have a stronger religious connection and objectives, creating a higher ethical standard and more conceivably, these managers will tend toward a higher order of ethical decision making (Singhapakdi, et. al., 2013). The Singhapakdi article determined that the love of money, religiosity, and the individual’s personal ethical judgments play significant roles in the ethical decision-making process of marketing managers (Singhapakdi, et. al., 2013).

The article determined the best course of action subsists of institutionalizing ethics within the respective business, in light of the fact that teaching ethics or attempting to persuade the religiosity of persons as with trying to install a different or better ethical mindset in persons comes with problems (Singhapakdi, et. al., 2013). Given this knowledge, the effort must involve a rigid set of rules and policies with active reinforcement, reward, and punishment for offenders. At the individual level, a conscious effort must exist to have the courage to bring unethical activity into plain view, and hold those committing these unethical acts accountable (Johnson, 2013). Not-with-standing most persons come from ethical homes and act ethically accordingly, the individual must have a plan for the ethical dilemmas that surpass the encounters with unethical activity in the home.

References

McDougle, L., Handy, F., Konrath, S., & Walk, M. (2014). Health outcomes and volunteering: The moderating role of religiosity. Social Indicators Research, 117, 337-351. doi:10.1007/s11205-013-0336-5

Mazereeuw-van der Duijn Schouten, C., Graafland, J., & Kaptein, M. (2014). Religiosity, csr attitudes, and csr behavior: An empirical study of executives’ religiosity and csr. Journal of Business Ethics, 123, 437-459. doi:10.1007/s10551-013-1847-

Singhapakdi, A. a., Vitell, S. s., Lee, D. d., Nisius, A. a., & Yu, G. b. (2013). The influence of love of money and religiosity on ethical decision-making in marketing. Journal of Business Ethics, 114(1), 183-191. Retrieved from http://www.springerlink.com.proxy1.ncu.edu/home/main.mpx

 

The Evolution of Business

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Consumers have picked up the torch, so to speak, and have given in to some extent, to the fact that consumerism has begun to affect lifestyle. Corporations and businesses have made the move toward improved environmental and societal practices, which will build and sustain the company and society into the future, and these new corporate practices have resulted partially because of the consumer demand for such activity (Cho, 2015).

The business has a responsibility to keep the customers happy. As a result, the firms have acted to improve the quality of products in regard to the products impact on the environment. These actions have taken front stage in many cases, as witnessed through the go green campaign so common in corporate advertising. Nearly all, if not all consumers have had the go green philanthropic campaign impressed upon their respective shopping psyche. At a glance, one would almost believe these firms have true concerns for the environment and society’s future. However, the major consensus among these managers, surround, social responsibility efforts supporting product longevity, through adding strength to the company image and evading corporate crisis situations (Chernev & Blair, 2015).

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From a purely theoretical point of view, the problem exists in the implementation process. The managers that initiate the CSR and sustainability programs have the wrong intentions when investigating potential CSR and sustainability programs. The manner in which, these CSR and sustainability initiatives reach out lacks the vigor to maintain society, the environment, and the business for the extended future. Regardless of the positive outcomes seen, many far more extreme negative elements exist, which create dangerous implications for current and future generations regarding adequate access to a clean environment, energy, and essential climate considerations (Cho, 2015). Acting purely to produce corporate results can scarcely have consideration as concern for the environment. If companies continue to act in response to shareholder wealth, where CSR and sustainability have a concern, the results will render catastrophic ends. Acting for profit does not mean acting to help the future, regardless of any supposed positive outcome.

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The corporate world has answered the call of consumers for a more advanced approach in business regarding conservation of natural resources and diligence of corporate activity toward sustaining the environment, in addition to simple corporate sustainability efforts protecting the business alone (Cho, 2015). The problem of the underlying reasons for corporate social responsibility and sustainability efforts remaining as efforts to improve the corporate bottom-line; however, still exists (Chernev & Blair, 2015). These motivations will not suffice for the generations of the future to enjoy the business and social atmospheres that persons enjoy today. Management has a shortsighted view of how to implant programs that ensure the vitality of future generations. Management has historically sought profit for shareholders, and this evolution needs to find the momentum that will benefit everyone and not only those who gain financial rewards. The evolution of business has seen societal, environmental, and sustainability for future generations become a portion of the corporate encyclopedia. Few if any arguments would state that current corporate social responsibility and sustainability programs have not brought about better social and environmental situations. This growth must now continue to include amendments that thrust the corporate world toward a responsible position that includes initiation of sustainability projects and social responsibility initiatives for the betterment of persons, and not simply to increase public appreciation and trust for the firm; however.

References

Chernev, A., & Blair, S. (2015). Doing well by doing good: The benevolent halo of corporate social responsibility. Journal of Consumer Research, 41, 1412-1425. doi:10.1086/680089

Cho, Y. (2015). Different shades of green consciousness: The interplay of sustainability labeling and environmental impact on product evaluations. Journal of Business Ethics, 128, 73-82. doi:10.1007/s10551-014-2080-4

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Corporate Profit versus Environmental Concerns

The concept that any given firm needs qualified consumers for the sake of sustaining the firm has common knowledge in most cases. The point of course meaning, the business must have customers who maintain health, integrity of life, and secure incomes, if these firms hope to continue in a prosperous fashion. These facts seem to support voluntary philanthropic company activity that engages vital social, environmental, and community issues, referred to as corporate social responsibility (CSR) and sustainability (Hahn, Preuss, Pinkse, & Figge, 2015).  Sustainability takes issues relating to social and environmental concerns into the light of maintaining the firm for future profitability, through the management’s cognitive assumptions that ambiguous sustainability efforts represent the fine line between corporate profits and maintaining the society the firm serves (Hahn, et. al., 2015).

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This ambiguous line means the company cannot survive unless, the community, society, and the resources that feed the firm and society remain supported in meaningful ways (Cho, 2015). Additionally, the consumer plays a critical role in the support issues extended to maintaining natural resources, even though many consumers seem oblivious to this fact (Cho, 2015).

The packaging in which the consumer products come in, the transportation of these products between manufacturing location and consumer purchase point, and the manufacturing process itself, represent drains on natural resources. Many consumers purchase wares with little regard to how and at what cost these goods come. The other side of the spectrum paints a different picture. Many consumers purchase goods and services based on the sustainability labeling on the product packaging (Cho, 2015). This has come at a most appropriate time. Blind shopping and filling needs both for necessary items and luxury goods and services has taken a drastic toll on natural resources, which in turn has initiated increasing damage to the environment (Cho, 2015). These effects can easily have witness in the damage seen every year resulting from flooding, drought, wildfires, consumer health issues, and food supply issues (Cho, 2015). In spite of the growing burden involving societal ills and issues, managers continue to pause and attack CSR and sustainability issues from a profit making perspective (Hahn, et. al., 2015).

References

Cho, Y. (2015). Different shades of green consciousness: The interplay of sustainability labeling and environmental impact on product evaluations. Journal of Business Ethics, 128, 73-82. doi:10.1007/s10551-014-2080-4

Hahn, T., Preuss, L., Pinkse, J., & Figge, F. (2015). Cognitive frames in corporate sustainability: management sense making with paradoxical and business case frames. Academy of Management Review, 401, 518-42. doi:10.5465/amr.2012.0341.test

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Self-reflection plays an important role in the professional and personal lives of most any individual. The ability to access one’s own personality traits and transfer these emotions, thought processing ability, and cognitive processing preferences has importance for everyday tasks, as well as, work related chores. Reflection plays a role in work related tasks as well as training. Reflection on personal educational experiences proved effective for leadership training in a recent South African program (Breytenbach, & Hughes, 2014). In today’s world of ever-increasing workplace diversity, self-reflection takes on an even more important role. The leader and co-worker need the ability to understand multiple cultures and outlooks. This begins with the knowledge of one’s self.  Leaders, in particular, need to possess the ability to analyze situations and prepare for the future actions related to an event taking place in the present or in the past. This requires emotional intelligence, which involves the ability to understand and recognize personal emotions and the emotional state of those around you (Sullivan, & Wiessner, 2010).

Emotional intelligence or the ability for controlling personal emotions and those of persons around you has a major influence on leadership (Sullivan, & Wiessner, 2010). The leader needs to access the emotional outreach necessary for empathy toward the emotional state of others. The leader cannot facilitate an effective work environment without influence. Much of this influence comes from the showing of concern for the personal lives of followers. These followers will recognize empathy in the leader, and this empathy leads to influence. Additionally, emotional intelligence involves an understanding of personal feelings, and controlling and monitoring emotions for an enhanced living experience (Sullivan, & Wiessner, 2010). Successful leaders possess high emotional intelligence, which means these persons possess self-awareness, practice self-regulation, represent highly motivated individuals, practice empathy, and exhibit excellent social skills (Sullivan, & Wiessner, 2010). Self-awareness comes with understanding one’s personality type.

References

Breytenbach, C., & Hughes, S. (2014). Capacity building to leadership development: An experiential journey. The International Business & Economics Research Journal (Online), 13(1), 1-n/a. Retrieved from http://www.cluteinstitute.com/journals/international-business-economics-research-journal-iber/

Sullivan, L. G., & Wiessner, C. A. (2010). Learning to be reflective leaders: A case study from the NCCHC Hispanic leadership fellows. New Directions for Community Colleges, 2010(149), 41-50. Retrieved from http://onlinelibrary.wiley.com/journal/10.1002/(ISSN)1536-0733

CSR and Sustainability Benefits

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As executives endeavor toward CSR, the reputation of the firm builds, as does the reputation of the executive, and these executives are perfectly positioned for higher power, higher paying positions. These positions lead to over-confidence, and the over-confident executive tends to over-invest in CSR (Jo & Harjoto, 2011). Over investment means sunk dollars if implementation goes badly. Research has shown leadership ability affects the implementation process for CSR and sustainability, because the organizations have complexity, and operate in complex societies (Metcalf, & Benn, 2013).

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When handled correctly the leader’s influence on CSR and sustainability can benefit society and the organization, as with aligning CSR with a political movement. Sustainability means the ability or inability to remain in business, and the impact the firm has on future generation’s ability to continue with prosperous business, and finally, the impact the firm has on the environment (Morsing, 2015). Sustainability has also become a topic of great concern for executives. Additional research in CSR and sustainability implementation, and consumer reactions to costs involved, will further the understanding of the complexities of the phenomenon. The study of multiple cases will provide the background and proven methods of implementation, as well as failures.

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Current and future topics for research in CSR and sustainability have little devotion to CSR and sustainability for shareholder wealth (Kudłak, & Low, 2015). In fact, the research from 2009 thru 2014 fits uniquely within two distinct categories, which include change in society as attempted by corporations, and the effort to elucidate inclusion of socially relevant issues into the structure and strategy of the corporation (Kudłak, & Low, 2015). A special topic of interest involves CSR and sustainability accounting reports, as taken from the ecological point of view.
This perspective insists sustainability reporting represents an organizational development and management program, which can only have value, when pursued and studied from an ecological ethics perspective (Sisaye, 2011).

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Corporate social responsibility (CSR) initiatives have gained more than thorough understanding in the business world, including an abundance of theories and approaches developed during the second half of the 20th century (Garriga, & Mele’, 2013). Companies of today have gladly accessed the consumer goodwill spending associated with CSR, with 82 percent of investors under the belief that CSR programs positively affect share price (Strugatch, 2011). The problem involves bringing CSR into organizational culture, and the evolution of CSR into a systemic accountability process for organizational sustainability (Klettner, Clarke, & Boersma, 2014).

References

Garriga, E., & Mele’, D. (2013). Corporate social responsibility theories: Mapping the territory. Citation Classics from the Journal of Business Ethics, 69-96. Springer Netherlands.

Jo, H. h., & Harjoto, M. M. (2011). Corporate governance and firm value: The impact of corporate social responsibility. Journal of Business Ethics, 103, 351-383. Retrieved from http://www.springer.com/social+sciences/applied+ethics/journal/10551

Klettner, A. a., Clarke, T. t., & Boersma, M. m. (2014). The governance of corporate sustainability: Empirical insights into the development, leadership and implementation of responsible business strategy. Journal of Business Ethics, 122(1), 145-165. Retrieved from http://www.springer.com/social+sciences/applied+ethics/journal/10551

Kudłak, R., & Low, K. Y. (2015). Special issues dedicated to CSR and corporate sustainability: A review and commentary. Long Range Planning, 48, 215-227. doi:10.1016/j.lrp.2015.03.002

Metcalf, L., & Benn, S. (2013). Leadership for sustainability: An evolution of leadership ability. Journal of Business Ethics, 112, 369-384. doi:10.1007/s10551-012-1278-6

Morsing, M. M. (2015). CSR and corporate political activity: Observations on IKEA’s CSR identity-image dynamics. Journal of Business Ethics, 128(2), 395-409. Retrieved from http://www.springerlink.com.proxy1.ncu.edu/home/main.mpx

Sisaye, S. (2011). Ecological systems approaches to sustainability and organizational development. Leadership & Organization Development Journal, 32, 379-398. doi:10.1108/01437731111134652

Strugatch, W. (2011). Turning values into valuation. The Journal of Management Development, 30, 44-48. doi:10.1108/02621711111098352

Corporate Social Responsibility

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Corporate social responsibility (CSR) began as an almost unnoticeable movement, mostly maintained by environmentalists, and other nearly faceless individuals who found the stamina to speak out against hurting mother Earth (Klettner, Clarke, & Boersma, 2014). Over the past decades; however, the CSR movement has grown to become a common topic and endeavor in modern corporate America (Klettner, et. al., 2014). Not only has CSR become the notable topic in business, but firms have established criteria for ensuring consumers have knowledge of the companies CSR efforts (Morsing, 2015). A recent study found the vast majority of Fortune 500 companies use the words community, or environment in the company website headings, to notify the public, of CSR initiatives undertaken by the firm (Morsing, 2015).

CSR programs have continued in companies, even as millions and at times billions of dollars were cut from the operating budget (Strugatch, 2011). CSR has even withstood the recent financial crisis budget cuts (Strugatch, 2011). Scholars believe CSR continues to evolve, and define CSR as the voluntary contributions and efforts toward the betterment of society and environmental preservation, beyond that, which the firm owes to stakeholders (Morsing, 2015).

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These efforts appear very kind-hearted, when considering the hardball only top executives, and leads one to suspect, an ulterior motive involving profit underwrites CSR activity. Still, research shows companies invested some $35 billion of corporate money on charitable causes, compared to $3 billion spent on lobbying and corporate campaign efforts, 15 years hence (Baron, Harjoto, & Hoje, 2011). These spending efforts go toward building solid corporate social performance (CSP) indicators.

CSP has much in common with CSR, with the exception of not having a morality based reasoning behind the activity, and has measurement along with corporate financial performance (Baron, Harjoto, & Hoje, 2011). This provides the road for subprime lending becoming a CSR/CSP topic. CSP and CSR respond to social pressures, and social pressures, theoretically, build from external damage like media coverage of corporate scandals, disproportionate executive salaries, or bad investment decisions like subprime mortgage securities (Baron, Harjoto, & Hoje, 2011). All of which, cause dissention among stakeholders, and potentially leads to a consumer change in preference, or a switch away from products and services offered by the firm (Baron, Harjoto, & Hoje, 2011).

References

Baron, D. P.,  Harjoto, M. A., & Hoje, J., (2011). The economics and politics of corporate social performance.  Business & Politics, 13, 1-46. doi:10.2202/1469-3569.137

Klettner, A. a., Clarke, T. t., & Boersma, M. m. (2014). The governance of corporate sustainability: Empirical insights into the development, leadership and implementation of responsible business strategy. Journal of Business Ethics, 122(1), 145-165. Retrieved from http://www.springer.com/social+sciences/applied+ethics/journal/10551

Morsing, M. M. (2015). CSR and corporate political activity: Observations on IKEA’s CSR identity-image dynamics. Journal of Business Ethics, 128(2), 395-409. Retrieved from http://www.springerlink.com.proxy1.ncu.edu/home/main.mpx

Strugatch, W. (2011). Turning values into valuation. The Journal of Management Development, 30, 44-48. doi:10.1108/02621711111098352

Balancing Power

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When different levels of power are perceived, strong emotions come along with as an addendum, which become a portion of the conflict. Lower power persons feel negative emotions like hostility, hatred and resentment, and often these persons feel helpless rage, defeated, sad, or even depressed (Wilmot, & Hocker, 2014). Higher power has a much sought after dimension attached in Western cultures and many drive themselves toward this goal (Wilmot, & Hocker, 2014).

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Higher power can have a certain satisfaction to it, and those with high power have been known to even emit feelings of joy (Wilmot, & Hocker, 2014). Higher power does come with problems, however. Higher power has the ability to corrupt those that possess it, which means inner rottenness and the inability to control ones actions in a manner consistent with integrity (Wilmot, & Hocker, 2014). High power can lead to consequences like using organizational resources for personal embellishment, the need to gain more and more power, and devaluing the less powerful (Wilmot, & Hocker, 2014).

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The majority of conflicts come about because of power imbalances, and when persons struggle to gain more power, disruptions occur causing a downward spiral that interferes with goal attainment (Wilmot, & Hocker, 2014). Conversely, shared power creates productive synergy gained through goal accomplishing communication (Wilmot, & Hocker, 2014).

It comes as a rare occurrence that all power rests with the other individual, which makes cooperation a near simple solution (Wilmot, & Hocker, 2014). When the ultimate sharing of power does not exist, then one person may exit the relationship, termination of the job may occur, or the person may seek employment elsewhere, not to mention the feelings of abandonment and withdrawing emotionally (Wilmot, & Hocker, 2014). Balancing power means avoiding non-personal communication that could worsen the conflict, and opting for face-to-face talks (Wilmot, & Hocker, 2014). Additionally, higher power persons must show restraint in using all power currencies, which are the things that give power, like uniforms, heightened communication skills, and forms of legitimate power, and allow the appearance of equality of power when there is none (Wilmot, & Hocker, 2014).

References

Wilmot, W., & Hocker, J. (2014). Interpersonal Conflict (9th ed.). New York, NY: McGraw-Hill

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Constraining and Exacerbating Conflicts with Power

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Power can invoke struggles within the workplace, societies, and also in personal relationships. The problems arise when perceived power equality does not exist, and those with high power seek to abuse this position toward her or his own ends. A pattern of destruction begins in conflict management when notable attempts to abuse power exists, and when distrust, competition, and defense mechanisms are triggered in individuals; these combine to create a harmful conflict climate (Abigail, & Cahn, 2014).

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The social atmosphere for social interactions must have a conducive nature for conflict resolution to manifest, and when this atmosphere is challenged with negative inferences, then we have a harmful conflict climate (Abigail, & Cahn, 2014). Persons of low power can also add to this problem. Resentment of the higher power individual comes to mind first, but the problem actually runs much deeper. The threatening nature of the negative elements could lead to accommodating, avoidance, or meeting strength with strength, which will lead to conflict escalation (Abigail, & Cahn, 2014).

References

Abigail, R. A., & Cahn, D. D. (2014). Managing Conflict Through Communication (fifth ed.). Upper Saddle River, NJ: Pearson.

Unethical Behavior in West Papua

 

PT Freeport Indonesia (PTFI), has been accused by activists of maintaining a long standing relationship with the oppressive Indonesian military, linking the company to violations, which occurred under the administration of President Suharto in 1999, resulting from rebel’s discontent with Freeport’s expansion of gold and copper mines (Hills, & Welford, 2006). The violations included protestor torture and murder, with PTFI accused of complicity for its role, which included routine transport and other services for the Indonesian military (Hills, & Welford, 2006). Additionally, environmentalists have accused PTFI of turning a blind eye to police and military rape and murder of protestors, polluting the waterways, preventing judicial remedy for Papuans seeking remedy through the courts, destroying the local way of life, creating hazardous dumps, providing financial support for the Indonesian police and military, and seizing lands (Hills, & Welford, 2006). The Carnegie Council on Ethics and International Affairs reports local tribes such as, the Kamoro and Amungme, have been subjected to threats, intimidated, and exploited, with their rights to indigenous lands revoked through the stealing of natural resources and profit syphoning by national elite and foreign stockholders (Hills, & Welford, 2006). Also, the Carnegie Council, the United Nations, and Indonesia’s Commission on Human Rights accused PTFI of being complicit in indiscriminate and extrajudicial killings, racial and employment discrimination, restricting free movement of locals, the seizing and resulting destruction of rainforests, disappearances, arbitrary detentions, and contaminating the water supply (Hills, & Welford, 2006). Also common over the years was the accusation that PTFI failed to respect local traditions and cultures, and had no apparent recognition or respect for community lands, as was apparent with the “decapitation” of a Amungme sacred mountain, creating health and environmental hazards (Hills, & Welford, 2006).

 

Further breaches of ethical standards include denial of the freedom of the press and denying global knowledge of the West Papuan struggle for independence, and when combined with PTFI’s decision to continue operations, poses serious questions of ethical foundations for the company. This includes clashes between the rebellion forces (Oganisasi Papua Mederka (OPM) and the Indonesian military. The plight of the West Papuans and their fight for freedom is one of the least covered events in the media, because of an international media blackout imposed by the Indonesian government and military, which spans over ten years (Papoutsaki, 2006). As far back as 2002, credible witnesses spoke on the efforts of Indonesia to keep the Papuan struggle out of the local and international media through an official blackout, meaning the conflict is as much an unknown to Indonesians as it is to the world (Papoutsaki, 2006). News has made it out of Papua, like the Dateline special aired on Australia’s channel SBS; however, the reporter, Mark Worth, a Papua New Guinea born journalist, was killed suspiciously of unknown causes two days after ABC announced screening of the special (Hills, & Welford, 2006). Additionally several Papuans and one OPM leader seen in the film, which cried out for international support of the Papuan struggle were killed in an Indonesian army raid, two days after the show aired (Hills, & Welford, 2006). The blackout plays conveniently for the Indonesian military to stage events. Two American teachers and an Indonesian PTFI employee were killed in an ambush of the convoy taking them to the PTFI mine, with the FBI and U. S. government officials determining the attack came from the Indonesian military in an effort to coerce PTFI into continuing payments totaling tens of millions of dollars, which had formally been given freely (Hills, & Welford, 2006).

References

Hills, J., & Welford, R. (2006). Case study: auditing for human rights: Freeport-McMoRan Copper and Gold in Papua.   Corporate Social Responsibility & Environmental Management, 13, 108-114. doi:10.1002/csr.116

Papoutsaki, E. (2006). West Papuan ‘independence‘and the Papua New Guinea press. academia.edu, 12(2). Retrieved from http://www.academia.edu/508353/West_Papuanindependenceand_the_Papua_New_Guinea_press

The Beginnings of Oppression

 

The Freeport Indonesia of today is controlled by the United States parent company Freeport McMoran, which owns 91 percent of the company, and the Anglo-Australian company Rio Tinto holds a 16.5 percent ownership (Brundige, et. al., 2004). Freeport-McMoran continues to mine West Papua gold, silver, and other minerals (Brundige, et. al., 2004). Evidence indicates complicity on the part of Freeport McMoran in the Papuan peoples situation, which includes the alleged human rights violations of rape, illegal imprisonments, disappearing’s, and genocide. Freeport-McMoran mining operations have had negative effects on the existing tensions in West Papua, and has exacerbated the violent conflicts resulting from these tensions between the Indonesian government and the Papuan people (Brundige, et. al., 2004). The “Act of Free Choice” as so named by the Indonesian government, allowed the Papuans as a nation, guaranteed self-preference Under Article 18 of the New York Agreement of 1962, in regard to remaining independent or allowing Indonesian rule (Brundige, et. al., 2004). This event took place two years after the arrival of Freeport (Brundige, et. al., 2004). Only a little over 1000 Papuans of the 800,000 living during the period voted, claiming coercion and threats of violence if the vote did not go toward Indonesian control. However, the grand scheme of Indonesia’s transmigration plan involved furnishing Freeport with a workforce comprised of non-native workers (Brundige, et. al., 2004). The creation of an oppressive system, which would lead to eventual blood shed and death had begun.

Fairness is arbitrary in this situation with as many facets involved as there are. The independence of West Papua was lost after the United Nations sponsored an insisted on vote from the Papuan people called the “Act of Choice,” which ended with Indonesia taking over, after a suspicious vote that satisfied United Nations requirements (Papoutsaki, 2006). Additionally, West Papua has been the victim of cold war politics, notwithstanding the wealth of mineral deposits, which provide immense profits annually. The U, S. government under then President John F. Kennedy, out of fear that communism would expand, pushed for Indonesian control of West Papua, through pressure on the Netherlands and Australia to alter their opinion, which stated they were for West Papua gaining independence (Papoutsaki, 2006). One would assume the global voice of freedom and democracy had the Papuan peoples best interests in mind during this process, as well. The courts dealing with the situation appear to stick to the letter of the law and serving process (Thomson Reuters, 2015). It has been noted; however, that the courts have a broad area for determining fault under the ATCA, which makes the tort actionable in as far as determining aiding and abetting (Barsa and Dana, 2010). Thus far, the courts have not taken the initiative, and acted to end the violence and killing. It would be impudent to call the outcomes fair, but in the eyes of the courts, no proper legislative body or laws cover the claims as they have been submitted. Holding corporations liable for human rights violations that occur as a result of enterprises engaged in by the company on foreign shores, the same as would apply domestically, would help create an atmosphere more conducive to the rights of the indigenous population.

References

Barsa, M., & Dana, D. (2010). Three obstacles to the promotion of corporate social responsibility by means of the alien   tort claims act: The Sosa court’s incoherent conception of the law of nations, the “purposive” action requirement for   aiding and abetting, and the state. Fordham Environmental Law Review, 21(1), 79-121. Retrieved from   http://www.fordhamelr.org/

Brundige, E., King, W., Vahali, P., Vladeck, S., & Yuan, X. (2004). Indonesian human rights abuses in West Papua:   Application of the Law of Genocide to the history of Indonesian control. Retrieved from   http://www.law.yale.edu/documents/pdf/intellectual_life/west_papua_final_report.pdf

Papoutsaki, E. (2006). West Papuan ‘independence ‘and the Papua New Guinea press. academia.edu, 12(2). Retrieved   from http://www.academia.edu/508353/West_Papuanindependenceand_the_Papua_New_Guinea_press

Thomson Reuters. (2015). Beanal v. Freeport McMoran Inc. Retrieved from http://caselaw.findlaw.com/us-5th-  circuit/1082269.html