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Posts Tagged ‘Darfur’

Goldman’s Hormats: A genocide problem?

Monday, August 3rd, 2009

Setting aside, for a moment, whether we really need yet another senior Goldman Sachs executive in a big job in Washington, the nomination of Robert Hormats to be Undersecretary of State for Economic, Energy and Agricultural Affairs raises anew troubling questions about Goldman’s role in raising money for a Chinese oil company that helped finance the genocide in Darfur.

Robert Hormats

Robert Hormats

Hormats played a leading role in defending PetroChina (NYSE:PTR) when Goldman took the Chinese oil company public in 2000. Worse, Hormats’ statements at the time, which included assurances that money from the public offering would not flow to the Sudanese government, were later investigated by the Securities and Exchange Commission, which brought a case against Goldman that the company settled for $2 million. (Here’s a Washington Post story on the settlement.)

That’s not enough money, to be sure, to matter at Goldman, but still, it makes you wonder: How much due diligence did  the Obama administration and Secretary of State Hillary Clinton do before nominating Hormats?

You’d think that misleading people about genocide might be sufficient cause to disqualify an executive, even one with impeccable Goldman ties, from a state department post.
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Vanguard’s shame

Friday, July 3rd, 2009

Harvard, Yale and Stanford did it. So did the pension funds of 27 states, including California and New York. And investment firm TIAA-CREF.

So why won’t Vanguard, the big mutual fund company, agree to use its influence to get big companies to stop supporting the genocide in Darfur?

At Vanguard’s shareholders meeting last week, owners of the company’s mutual funds rejected a proposal that would have required the funds to come up with ways to avoid “holding investments in companies that, in the judgment of the Board, substantially contribute to genocide or crimes against humanity.”
Fidelity Genocide

The votes weren’t even close. For the the 21 Vanguard funds reporting results, affirmative votes ranged between 7 and 17%. On its website, the company said:

An average of 89% of Vanguard shareholders voted against this proposal. The vote demonstrates that Vanguard shareholders have confidence in the funds’ board of trustees and their judgment in fulfilling their fiduciary and investment responsibilities.

Not really. Investors Against Genocide, the shareholder group that submitted the proposal, never had a chance. Proxy votes like the ones at Vanguard are almost always won by management because most investors don’t pay attention to the packages they get at home by mail.
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Fidelity, Vanguard and the genocide in Darfur

Thursday, June 18th, 2009

Recently, I voted in a contested election with repercussions for a big Islamic nation. (No, not Iran.) As a shareholder in mutual funds run by Vanguard and Fidelity, I voted to ask both mutual fund companies to sell their holdings in companies doing substantial business with Sudan, and thereby helping to finance the genocide in the Darfur region.

If you own stocks or mutual funds, this is the time of year when shareholder proxy ballots arrive in the mail, usually accompanied by pages of small print asking you to change the corporate bylaws or “elect” a slate of directors who have already been chosen. They’re boring and easy to ignore.

This year, however, shareholders of Vanguard, Fidelity and other mutual fund groups should keep an eye out for the important shareholder proposals about genocide on the ballot. These proposals don’t mentions Sudan because they are broader in scope. They ask but the funds to refrain from investing in companies that “substantially contribute to genocide or crimes against humanity.”
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Perhaps surprisingly, Vanguard and Fidelity both recommend a “no” vote on the proposals.

“They don’t want to have limits on where they invest,” says Eric Cohen, the co-founder of Investors Against Genocide, a volunteer organization that got both proposals on the ballot.

Cohen, a retired tech executive, is a soft-spoken and usually understated guy but he says this of Vanguard and Fidelity: “Their lack of due diligence connects their customers to the very worst companies in the world.”

The Investors Against Genocide website puts it this way:

Looking back, who would support the idea of investing in firms that sought to make a profit by selling Zyklon-B gas to the Nazis or machetes for the genocide in Rwanda? Looking forward, who wants their personal savings and pension funds invested in companies that help fund genocide?

Investors Against Genocide was formed in January, 2007. (I wrote one of the first stories about the group, under the headline Fidelity’s Sudan Problem, for CNNmoney.com.) By then, campus activists had persuaded the endowment managers at Harvard, Yale and Stanford to sell stocks of companies that were doing business with the government of Sudan, which is responsible for the genocide that has now taken the lives of an estimated 300,000 people in the Darfur region. (Another 2.7 million have been forced out of their homes.) Pension funds in half a dozen states, including California, had also agreed to divest.
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Investing in Genocide?

Friday, April 3rd, 2009

There was modestly good news about the crisis in Darfur last week, and I’ve been meaning to write about it. Unfortunately, I’ve been busy with other projects so the people at CSR Wire, a corporate responsibility newswire, and Bill Baue have kindly given me permission to post Bill’s CSR Wire story about developments at TIAA-CREF and Vanguard.

I’ve covered this story on and off for more than two years, sadly. Here’s a 2007 CNNMoney column and a  2007 blog posting about Fidelity’s ties to Sudan, and here’s a 2008 column that ran on  Huffington Post. The people at the Darfur divestment campaign deserve enormous credit for keeping the pressure on U.S. mutual funds that invest in companies that do business in Sudan.

Bill Baue has done a great job covering CSR issues for years. He’s also a host of a podcast and Internet radio program called Sea Change Radio, well worth checking out. I’m hoping to find time to work with Sea Change in the months ahead. In any event, here is Bill’s story:

Nothing could be more boring than proxy statements; on the other end of the spectrum, nothing could be more grim than the systematic murder of a population — genocide. These two worlds are colliding as the issue of genocide increasingly appears on proxies, awakening shareholders to the hidden link between their investments and serial rape, displacement, and killing in places such as Sudan. Now, two huge investment firms — TIAA-CREF and Vanguard — say they are severing this link through genocide-free investment policies promoted by Investors Against Genocide (IAG) shareholder resolutions.

This past week, TIAA-CREF upped the ante in its anti-genocide activism by pledging to push companies supporting the genocidal Darfur regime to reverse this complicity — or face divestment. This applies immediately if invitations to meet with TIAA-CREF go unanswered by “target” companies that provide most support to the regime: PetroChina, CNPC Hong Kong, Oil and Natural Gas Corporation, Sinopec, and PETRONAS. Seven other companies have nine months to publicly announce “significant progress” before TIAA-CREF yanks them from its portfolios.

In 2006, TIAA-CREF began engaging with 22 companies, encouraging them to steer clear of genocide — and 10 companies pulled out of Sudan, or committed to humanitarian initiatives there. A quant analyst examining “just-the-numbers” would see some of this behind-the-scenes engagement reflected in TIAA-CREF’s holdings, as it almost halved its PetroChina stake from 38.5 million shares at year-end 2006 to 21.2 million shares at year-end 2008. However, TIAA-CREF more than doubled its Sinopec holdings over the same period, from 7.7 to 16.9 million shares, according to IAG data. All the more reason for bright-line commitments.

Congress members applauded TIAA-CREF’s move. “I am hopeful that TIAA-CREF’s decision to divest from companies that do business with the government of Sudan will inspire other companies to follow suit,” said Representative Melvin Watt (D-NC) of the House Financial Services Committee. IAG also welcomes the “me-too” phenomenon.

In fact, TIAA-CREF piggybacked Vanguard’s genocide-free commitment. Earlier this month, Vanguard’s proxy boldly stated that its existing procedures are “substantially identical” with an IAG shareholder resolution seeking “procedures to prevent holding investments in companies that…substantially contribute to genocide or crimes against humanity.” While IAG filed the resolution with 30 funds, Vanguard asserts its procedure applies to all of its 157 funds.

IAG withdrew its resolution with TIAA-CREF, and promises to do the same at Vanguard if the Emerging Markets Stock Index Fund “shows a significant reduction in its holdings of PetroChina,” according to IAG Chair Eric Cohen. However, Vanguard just disclosed in its first quarter SEC filings an increase of its holdings of PetroChina in its Emerging Markets Stock Index Fund from 149.6 million shares worth $112.5 million at year-end 2008 to 155.7 million shares worth $114.9 million now. So much for “substantially identical”!