Sergio Alberto Gramitto Ricci is a Visiting Assistant Professor of Law at Cornell Law School, where he also serves as the assistant director of the Clarke Program on Corporations & Society. He studied law at University of Milan, and received a Ph.D. from Bocconi University. Gramitto Ricci is consistently invited to speak at universities around the world. His research focuses on corporate law, corporate governance, and legal personhood. His new book is Citizen capitalism: How a universal fund can provide influence and income for all.
Care to briefly explain how your Universal Fund differs from Universal Basic Income?
It differs in three ways. First, the Universal Fund provides more than just income; it provides influence. The Universal Fund is a device which allows all American adults to participate in the corporate sector. It gives voice to those who have not been heard so far. Second, the Universal Fund would solely be funded by private donations of humans—especially the ultra-wealthy—and corporations; thus it does not require transfer payments or coercion. Third, because it would be a private ordering initiative, the Universal Fund would be insulated from changes in the compositions of governments, political elections, and government budgetary needs.
You write that a sovereign wealth fund bill could never pass in Congress. However, such legislation was able to pass in ultraconservative Alaska. Polling shows an increasing majority of the US electorate favoring ambitious government programs like Medicare for All. Why can’t the US enact its own sovereign wealth fund?
The Alaska Fund could be created with the profits coming from a quite specific source of earnings: Alaskan oil. That would not be replicable on a national scale. Moreover, the Alaska Fund supplements, does not replace, other government programs. In addition, the Alaska Fund does not provide influence over the corporate sector—a characterizing trait of the Universal Fund. Lastly, a government program could pose risks that private ordering does not entail—think about the instability that a government program could be subjected to upon changes in the composition of government or congress. Insulation from politics is a great feature of the Universal Fund.
In 2018, companies didn’t raise compensation for employees, even in the face of record profits. Why do you think they’re going to start donating to your Universal Fund? If tax deductions are the main reason, wouldn’t it make more sense for the government to directly support the Fund, instead of hiding behind tax incentives and hoping for the best in terms of corporate generosity?
Corporations would have a number of reasons for donating. Marketing reasons: donating corporations would appeal to all American adults, who would benefit from such donations. Corporate governance reasons: by design, the Universal Fund would not trade the shares in its portfolio (with exceptions of specific circumstances), so corporations and their boards of directors would secure a long-term, patient shareholder on which they can rely. Practical reasons: lately corporations have repurchased larger and larger amounts of their shares; they could donate these shares to the Universal Fund instead of turning them into treasury shares. Now imagine if the legislator made these donations tax-deductible, corporations and humans would benefit of a fiscal incentive, too. But enough reasons exist even without this legislative intervention.
People are increasingly skeptical of the philanthropist-centered model of social welfare spending. Jeff Bezos alone could write a check to end homelessness and still have billions leftover. Instead, the billionaire class donates crumbs and stash most of its tens of trillions of dollars in tax havens. Why should we continue to wait in vain for the unaccountable Davos crowd to save us, instead of demanding change from our elected officials, whom we actually control?
A large part of the ultra-wealthy have already committed to donate a majority of the wealth. As I respond to your questions, 189 pledgers have signed the Giving Pledge. But there is a collective action problem: without an idea that would allow donors and corporations to coordinate, their donations might only have a superficial impact. The Universal Fund is a device that would allow to coordinate charitable actions and donations and to produce real social change in the present and in the future.
Why do you think the billionaire class is vocally supporting UBI? Could it be that they’re simply trying to placate people asking for more fundamental changes to our unequal system?
I believe that the billionaire class is aware of the widening inequality and of potential issues that automation and robotization of labor could cause.
UBI is touted as a possible solution to the emerging Era of Automation. However, countless social scientists and philosophers argue that work is a fundamental part of being human. What are your thoughts on the looming unemployment pandemic?
UBI would only support people financially—perhaps also in the effort to start a new enterprise. Conversely, the Universal Fund, by allowing all to engage with the governance of the corporate sector, could mitigate the sense of lack of purpose that citizens might experience in the emerging Era of Automation.
In terms of instituting “citizen capitalism”, what do you think of the German law of corporate co-determination, in which workers make up about half of a company’s board of directors?
I like German co-determination; I find it consistent with an interest of corporations that goes beyond the mere interest of shareholders and that better recognizes the nature of corporations as legal entities distinct from its shareholders. But German co-determination would require a structural change in American corporate governance because the German model is structured around two boards, the monitoring board and the managing board. It might be too big a change for American corporate law.
To further riff on your concept of “citizen capitalism”, do you think financial literacy and economics should be made required courses during high school? If so, what concepts would you include in the standard curricula?
I would start with basic macroeconomics.
On Pg. 92, while glowingly extolling the benefits of capitalism, you write, “Companies like the Dutch East India Company and the Hudson’s Bay Company opened whole continents for trade.” I laughed out loud reading that naïveté. These are among the companies that first engaged in the centuries-long colonization, swindling, enslavement and genocide of native peoples in America and the Global South. I daresay people in places like Sierra Leone and the DRC still aren’t benefiting from “continental trade-opening”, either. Would you care to clarify your statement?
In a recent paper, “The Technology and Archeology of Corporate Law,” I trace back the origins of corporations to Ancient Rome. The Roman State first conceived the corporate form for cities and towns. When the state expanded and could not provide services and infrastructure, it outsourced activities, including tax farming and infrastructure building to private entrepreneurs. To facilitate the performance of these activities, the Roman State granted the corporate form to private business ultimately carried out in the interest of the state itself. Today, almost everybody uses products and services that business corporations provide. The challenge is making the corporate sector inclusive, instead of exclusive. That was the ultimate goal Lynn Stout and I had in mind when we conceived the idea of the Universal Fund while writing the article “Corporate Governance as Privately-Ordered Public Policy: A Proposal.” I hope that our idea could help business corporations re-merry their original purpose to serve the civic society.
Do you want to take a minute to write about your co-author Lynn Stout, who passed away last year?
Lynn and I used to box in the same gym and our trainer used to call her The Indomitable Lynn Stout. In remembering Lynn during the launch of this book, Marty Lipton listed the names of Nobel Laureates whose theories and positions she challenged. Her intellectual courage was second to none. She was indomitable in academia, even more then at the gym.
Is Myanmar an ethical minefield for multinational corporations?
Business at a crossroads
Political reforms in Myanmar started in November 2010 followed by the release of the opposition leader, Aung San Suu Kyi, and ended by the coup d’état in February 2021. Business empire run by the military generals thanks to the fruitful benefits of democratic transition during the last decade will come to an end with the return of trade and diplomatic sanctions from the western countries – United States (US) and members of European Union (EU). US and EU align with other major international partners quickly responded and imposed sanctions over the military’s takeover and subsequent repression in Myanmar. These measures targeted not only the conglomerates of the military generals but also the individuals who have been appointed in the authority positions and supporting the military regime.
However, the generals and their cronies own the majority of economic power both in strategic sectors ranging from telecommunication to oil & gas and in non-strategic commodity sectors such as food and beverages, construction materials, and the list goes on. It is a tall order for the investors to do business by avoiding this lucrative network of the military across the country. After the coup, it raises the most puzzling issue to investors and corporate giants in this natural resource-rich country, “Should I stay or Should I go?”
Crimes against humanity
For most of the people in the country, war crimes and atrocities committed by the military are nothing new. For instances, in 1988, student activists led a political movement and tried to bring an end to the military regime of the general Ne Win. This movement sparked a fire and grew into a nationwide uprising in a very short period but the military used lethal force and slaughtered thousands of civilian protestors including medical doctors, religious figures, student leaders, etc. A few months later, the public had no better options than being silenced under barbaric torture and lawless killings of the regime.
In 2007, there was another major protest called ‘Saffron Uprising’ against the military regime led by the Buddhist monks. It was actually the biggest pro-democracy movement since 1988 and the atmosphere of the demonstration was rather peaceful and non-violent before the military opened live ammunitions towards the crowd full of monks. Everything was in chaos for a couple of months but it ended as usual.
In 2017, the entire world witnessed one of the most tragic events in Myanmar – Again!. The reports published by the UN stated that hundreds of civilians were killed, dozens of villages were burnt down, and over 700,000 people including the majority of Rohingya were displaced to neighboring countries because of the atrocities committed by the military in the western border of the country. After four years passed, the repatriation process and the safety return of these refugees to their places of origin are yet unknown. Most importantly, there is no legal punishment for those who committed and there is no transitional justice for those who suffered in the aforementioned examples of brutalities.
The vicious circle repeated in 2021. With the economy in free fall and the deadliest virus at doorsteps, the people are still unbowed by the oppression of the junta and continue demanding the restoration of democracy and justice. To date, Assistant Association for Political Prisoner (AAPP) reported that due to practicing the rights to expression, 1178 civilians were killed and 7355 were arrested, charged or sentenced by the military junta. Unfortunately, the numbers are still increasing.
Call for economic disengagement
In 2019, the economic interests of the military were disclosed by the report of UN Fact-Finding Mission in which Myanmar Economic Corporation (MEC) and Myanmar Economic Holding Limited (MEHL) were described as the prominent entities controlled by the military profitable through the almost-monopoly market in real estate, insurance, health care, manufacturing, extractive industry and telecommunication. It also mentioned the list of foreign businesses in partnership with the military-linked activities which includes Adani (India), Kirin Holdings (Japan), Posco Steel (South Korea), Infosys (India) and Universal Apparel (Hong Kong).
Moreover, Justice for Myanmar, a non-profit watchdog organization, revealed the specific facts and figures on how the billions of revenues has been pouring into the pockets of the high-ranked officers in the military in 2021. Myanmar Oil & Gas Enterprise (MOGE), an another military-controlled authority body, is the key player handling the financial transactions, profit sharing, and contractual agreements with the international counterparts including Total (France), Chevron (US), PTTEP (Thailand), Petronas (Malaysia), and Posco (South Korea) in natural gas projects. It is also estimated that the military will enjoy 1.5 billion USD from these energy giants in 2022.
Additionally, data shows that the corporate businesses currently operating in Myanmar has been enriching the conglomerates of the generals and their cronies as a proof to the ongoing debate among the public and scholars, “Do sanctions actually work?” Some critics stressed that sanctions alone might be difficult to pressure the junta without any collaborative actions from Moscow and Beijing, the longstanding allies of the military. Recent bilateral visits and arm deals between Nay Pyi Taw and Moscow dimmed the hope of the people in Myanmar. It is now crystal clear that the Burmese military never had an intention to use the money from multinational corporations for benefits of its citizens, but instead for buying weapons, building up military academies, and sending scholars to Russia to learn about military technology. In March 2021, the International Fact Finding Mission to Myanmar reiterated its recommendation for the complete economic disengagement as a response to the coup, “No business enterprise active in Myanmar or trading with or investing in businesses in Myanmar should enter into an economic or financial relationship with the security forces of Myanmar, in particular the Tatmadaw [the military], or any enterprise owned or controlled by them or their individual members…”
Blood money and ethical dilemma
In the previous military regime until 2009, the US, UK and other democratic champion countries imposed strict economic and diplomatic sanctions on Myanmar while maintaining ‘carrot and stick’ approach against the geopolitical dominance of China. Even so, energy giants such as Total (France) and Chevron (US), and other ‘low-profile’ companies from ASEAN succeeded in running their operations in Myanmar, let alone the nakedly abuses of its natural resources by China. Doing business in this country at the time of injustice is an ethical question to corporate businesses but most of them seems to prefer maximizing the wealth of their shareholders to the freedom of its bottom millions in poverty.
But there are also companies not hesitating to do something right by showing their willingness not to be a part of human right violations of the regime. For example, Australian mining company, Woodside, decided not to proceed further operations, and ‘get off the fence’ on Myanmar by mentioning that the possibility of complete economical disengagement has been under review. A breaking news in July, 2021 that surprised everyone was the exit of Telenor Myanmar – one of four current telecom operators in the country. The CEO of the Norwegian company announced that the business had been sold to M1 Group, a Lebanese investment firm, due to the declining sales and ongoing political situations compromising its basic principles of human rights and workplace safety.
In fact, cutting off the economic ties with the junta and introducing a unified, complete economic disengagement become a matter of necessity to end the consistent suffering of the people of Myanmar. Otherwise, no one can blame the people for presuming that international community is just taking a moral high ground without any genuine desire to support the fight for freedom and pro-democracy movement.
The Covid After-Effects and the Looming Skills Shortage
The shock of the pandemic is changing the ways in which we think about the world and in which we analyze the future trajectories of development. The persistence of the Covid pandemic will likely accentuate this transformation and the prominence of the “green agenda” this year is just one of the facets of these changes. Market research as well as the numerous think-tanks will be accordingly re-calibrating the time horizons and the main themes of analysis. Greater attention to longer risks and fragilities is likely to take on greater prominence, with particular scrutiny being accorded to high-impact risk factors that have a non-negligible probability of materializing in the medium- to long-term. Apart from the risks of global warming other key risk factors involve the rising labour shortages, most notably in areas pertaining to human capital development.
The impact of the Covid pandemic on the labour market will have long-term implications, with “hysteresis effects” observed in both highly skilled and low-income tiers of the labour market. One of the most significant factors affecting the global labour market was the reduction in migration flows, which resulted in the exacerbation of labour shortages across the major migrant recipient countries, such as Russia. There was also a notable blow delivered by the pandemic to the spheres of human capital development such as education and healthcare, which in turn exacerbated the imbalances and shortages in these areas. In particular, according to the estimates of the World Health Organization (WHO) shortages can mount up to 9.9 million physicians, nurses and midwives globally by 2030.
In Europe, although the number of physicians and nurses has increased in general in the region by approximately 10% over the past 10 years, this increase appears to be insufficient to cover the needs of ageing populations. At the same time the WHO points to sizeable inequalities in the availability of physicians and nurses between countries, whereby there are 5 times more doctors in some countries than in others. The situation with regard to nurses is even more acute, as data show that some countries have 9 times fewer nurses than others.
In the US substantial labour shortages in the healthcare sector are also expected, with anti-crisis measures falling short of substantially reversing the ailments in the national healthcare system. In particular, data published by the AAMC (Association of American Medical Colleges), suggests that the United States could see an estimated shortage of between 37,800 and 124,000 physicians by 2034, including shortfalls in both primary and specialty care.
The blows sustained by global education from the pandemic were no less formidable. These affected first and foremost the youngest generation of the globe – according to UNESCO, “more than 1.5 billion students and youth across the planet are or have been affected by school and university closures due to the COVID-19 pandemic”. On top of the adverse effects on the younger generation (see Box 1), there is also the widening “teachers gap”, namely a worldwide shortage of well-trained teachers. According to the UNESCO Institute for Statistics (UIS), “69 million teachers must be recruited to achieve universal primary and secondary education by 2030”.
From our partner RIAC
Accelerating COVID-19 Vaccine Uptake to Boost Malawi’s Economic Recovery
Since the onset of the COVID-19 pandemic, many countries including Malawi have struggled to mitigate its impact amid limited fiscal support and fragile health systems. The pandemic has plunged the continent into its first recession in over 25 years, and vulnerable groups such as the poor, informal sector workers, women, and youth, suffer disproportionately from reduced opportunities and unequal access to social safety nets.
Fast-tracking COVID-19 vaccine acquisition—alongside widespread testing, improved treatment, and strong health systems—are critical to protecting lives and stimulating economic recovery. In support of the African Union’s (AU) target to vaccinate 60 percent of the continent’s population by 2022, the World Bank and the AU announced a partnership to assist the Africa Vaccine Acquisition Task Team (AVATT) initiative with resources, allowing countries to purchase and deploy vaccines for up to 400 million Africans. This extraordinary effort complements COVAX and comes at a time of rising cases in the region.
I am convinced that unless every country in the world has fair, broad, and fast access to effective and safe COVID-19 vaccines, we will not stem the spread of the pandemic and set the global economy on track for a steady and inclusive recovery. The World Bank has taken unprecedented steps to ramp up financing for Malawi, and every country in Africa, to empower them with the resources to implement successful vaccination campaigns and compensate for income losses, food price increases, and service delivery disruptions.
In line with Malawi’s COVID-19 National Response and Preparedness Plan which aims to vaccinate 60 percent of the population, the World Bank approved $30 million in additional financing for the acquisition and deployment of safe and effective COVID-19 vaccines. This financing comes as a boost to Malawi’s COVID-19 Emergency Response and Health Systems Preparedness project, bringing World Bank contributions in this sector up to $37 million.
Malawi’s decision to purchase 1.8 million doses of Johnson and Johnson vaccines through the AU/African Vaccine Acquisition Trust (AVAT) with World Bank financing is a welcome development and will enable Malawi to secure additional vaccines to meet its vaccination target.
However, Malawi’s vaccination campaign has encountered challenges driven by concerns regarding safety, efficacy, religious and cultural beliefs. These concerns, combined with abundant misinformation, are fueling widespread vaccine hesitancy despite the pandemic’s impact on the health and welfare of billions of people. The low uptake of COVID-19 vaccines is of great concern, and it remains an uphill battle to reach the target of 60 percent by the end of 2023 from the current 2.2 percent.
Government leadership remains fundamental as the country continues to address vaccine hesitancy by consistently communicating the benefits of the vaccine, releasing COVID data, and engaging communities to help them understand how this impacts them.
As we deploy targeted resources to address COVID-19, we are also working to ensure that these investments support a robust, sustainable and resilient recovery. Our support emphasizes transparency, social protection, poverty alleviation, and policy-based financing to make sure that COVID assistance gets to the people who have been hit the hardest.
For example, the Financial Inclusion and Entrepreneurship Scaling Project (FInES) in Malawi is supporting micro, small, and medium enterprises by providing them with $47 million in affordable credit through commercial banks and microfinance institutions. Eight months into implementation, approximately $8.4 million (MK6.9 billion) has been made available through three commercial banks on better terms and interest rates. Additionally, nearly 200,000 urban households have received cash transfers and urban poor now have more affordable access to water to promote COVID-19 prevention.
Furthermore, domestic mobilization of resources for the COVID-19 response are vital to ensuring the security of supply of health sector commodities needed to administer vaccinations and sustain ongoing measures. Likewise, regional approaches fostering cross-border collaboration are just as imperative as in-country efforts to prevent the spread of the virus. United Nations (UN) partners in Malawi have been instrumental in convening regional stakeholders and supporting vaccine deployment.
Taking broad, fast action to help countries like Malawi during this unprecedented crisis will save lives and prevent more people falling into poverty. We thank Malawi for their decisive action and will continue to support the country and its people to build a resilient and inclusive recovery.
This op-ed first appeared in The Nation, via World Bank
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