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于方强：NGO与企业社会影响评估-以益仁平为例
益仁平成立于2006年底，三年多来在反乙肝歧视领域开展了大量工作，并成功地推动了社会政策改变??2010年开始中国内地全面禁止乙肝检测。益仁平服务的弱势群体还包括艾滋病患者/艾滋病病毒携带者、糖尿病患者、抑郁症患者以及残障人士等；公益诉讼的被告90%以上是企业。益仁平通过公益诉讼实现对不同弱势群体的关怀和帮助；同时也评估企业的负面社会影响。
以下分享三例由益仁平操作的公益诉讼案件：
2008年，益仁平受理了一起诉讼IBM辞退患有抑郁症员工的案例。原告自武汉大学毕业后与IBM签订了为期五年的工作合同，但是因为罹患抑郁症被提前辞退。益仁平提出反抑郁症歧视的诉讼，案件最后以原告胜诉，被告IBM败诉赔偿为结局。该案被称为中国反抑郁症歧视第一案，同时也被评为2008年十大劳动争议案和跨国公司十大企业社会责任缺失案例。
第二个案例是诉讼惠普代工厂乙肝歧视。该代工厂是一家小型企业，益仁平介入诉讼后发现其上游是一家台资企业，而后者是惠普全球代工厂。所以，该案由诉讼当地小企业直接转变为诉讼惠普公司的乙肝歧视。整个谈判过程不仅包括这家代工厂，还包括了其背后的台资企业，以及惠普总部，并最终形成了赔偿协议。
第三个案例是诉讼诺基亚公司乙肝歧视，这是益仁平参与企业社会影响评估过程中最为艰难的一次诉讼，也是影响最大的一起案件，位列十大劳动争议案件之首。虽然整个案件牵扯了益仁平很大的精力，并最终以败诉收场，但也对被告方造成了不小的压力。国内外媒体对案件进行了跟踪报道，益仁平在北京与欧盟商会共同磋商解决方案。
以上几个案例说明企业对社会造成的负面影响如果不能妥善处理，将会导致两个后果：其一，企业需要为此支付巨大的成本；其二，所造成的社会影响将成为挥之不去的阴影。相对于企业而言，益仁平执行的是外部组织的工作，而一个企业如果想要真正赢得良好的社会影响力，更重要的是从企业内部的决策开始。
邹崇铭：人权
人权是一个外来的概念，所以在不同语境，不同对话语境中可以代表很不一样的东西??即由谁说，在什么场合说导致的结果是不同的。同时，人权概念包含了不同范围。因为包含的范围很多，所以相关很多不同的东西都跟人权有关系。
人权可以分成三代，第一代是两、三百年前谈的公民权利、政治权利、投票，实际上也可以称它是一种负面的制约，跟政治有关。第二代人权更多是社会经济权利，包括和NGO关系比较大的，比如乐施会讲的不同权利主要是社会政治权利，教育、医疗、生计等等。第三代人权只有20、30年的历史，跟发展中国家的地位越来越高，在联合国里面的发言权越来越大有关系。第三代人权讨论得更多是一些集体的权利，比如社区的，比如传统文化和环保，而之前两代都是讲个人的。不同的人谈论人权时选择的切入点可以是不一样的，比如美国喜欢讲第一代人权，从来不讲第二代人权。
对所有人具有同样意义的不同的人权概念，怎么落实到一个群体里？ NGO一般通过社区来实现落地。但事实上社区也是一个外来概念，里面仍然牵涉到一个本土化过程。什么是本土化？了解社区的NGO会明白很多国外工具，比如PRA在农村社区可用可不用，人权也是同样。
中国政府是怎样理解和落地人权的呢？2009年4月国务院是发表了一个“国家人权行动计划”。虽然刚开始的时候可能只是一种很虚的公关文件，但是长远来说还是重要的。因为政府开始愿意谈论这个话题，而且是行动计划，以前叫白皮书，现在把它进一步具化了。关键是不可以只从政府或者从一个比较高端的角度展开讨论，毕竟还是要落地和进入本土的，这个人权才有意思。只有与联合国或者国际公约对接的宏观框架是不行的，需要把人权放到一个很具体的环境里操作。同时需要考虑的是操作人权框架时面对的利益相关者是谁，因为不同利益相关者面对应了人权的不同范围。
李志艳：企业为什么要做社会影响评估（请见本期月度回顾的第一篇文章）
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编辑：李远香 |
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