In this episode of Occupied Thoughts, FMEP’s Lara Friedman speaks to international legal expert in business and human rights Tara Van Ho about the latest twist in the ongoing controversy involving the Chicago-based financial services company Morningstar Inc. and its subsidiary Sustainalytics, over how it deals with Israel and the Occupied Palestinian territories. Specifically, the podcast explores Morningstar’s recently released (January 31, 2024) 37-page report, written by a pair of “independent experts,” laying out recommendations regarding how Morningstar conducts its environmental, social, and governance (ESG) assessments, such that Israel and companies operating in Israel are absolved of any possible association with ESG risks, real or potential.

Tara Van Ho is a Senior Lecturer at the University of Essex (U.K.). As Co-Director of the Essex Business and Human Rights Project, she advises governments, international organizations, and nongovernmental organizations on the impacts of investment laws and treaties on human rights, particularly in post-conflict situations. She has a J.D. from Cincinnati, and an LL.M. in international human rights law, and a Ph.D. in Law, both from Essex. Follow her work on Twitter – @TaraVanHo and on Mastodon – @taravanho@bhre.social

 

Resources

This Round:

• Morningstar “Independent Experts Initial Report: Recommendations” dated January 31, 2024, by Professor Michael A. Newton and Ambassador (Ret.) Alejandro Wolff
• Tara Van Ho X-thread 2/15/24 on the 1/31/24 Morningstar report/recommendations

Last Round:

• FMEP Occupied Thoughts Podcast 12/6/22, Promoting Risk & Undermining Rights: Morningstar’s Betrayal of Palestine & ESG, ft. Tara Van Ho in conversation with FMEP’s Lara Friedman
• 10/31/22 press release from Morningstar: Morningstar Announces Steps to Address Anti-Israel Bias Concerns in ESG Research
• Tara Van Ho Twitter thread 11/2/22 on Morningstar/Sustainalytics (Unrolled version here)
• LA Times 7/1/22: Column: The GOP is now complaining about environmentally responsible investing

Relevant Intl Law/principles

• UN Office of the High Commissioner for Human Rights (OHCHR): OHCHR and business and human rights
• UN-OHCHR 11/29/21: Guiding Principles on Business
• and Human rights — Implementing the United Nations “Protect, Respect and Remedy” Framework

Other FMEP resources on campaign to label ESG as BDS/antisemitism

• FMEP Occupied Thoughts podcast 11/21/22, Free Speech & Palestinian Rights – Both Weapons & Targets in the Battle Against ESG, ft. FMEP President Lara Friedman speaks with internationally-acclaimed documentary filmmaker Julia Bacha about the growing campaign against “woke capitalism,” and specifically the attacks on what is known as ESG – shorthand for the movement to take environmental, social, and governance (ESG) factors into account in investing.
• FMEP Occupied Thoughts podcast 12/15/22, ALEC, Anti-ESG, & the Battle Against Palestinian Rights, ft. FMEP’s Lara Friedman speaks to investigative journalist David Armiak about the role of the American Legislative Exchange Council, better known as ALEC, in drafting, promulgating, and promoting legislation in U.S. states targeting values-based protest and grassroots activism. These legislative efforts in the first instance targeted Palestine-related protest and free speech, but today have evolved into legislation targeting protest and free speech that relates to literally any industry or group that states might want to protect, all under the umbrella of fighting against “woke capitalism” and combating those who seek to hold the private sector accountable to concerns about the environment, social issues like human rights, and governance issues — aka ESG.