Talisman In Ethical No Man's Land - Financial Post, November 12
A few weeks ago, Madeleine Albright, the U.S. Secretary of State, criticized Calgary-based Talisman Energy over its investment in Sudan. She suggested the company might be subject to sanctions as a result. Talisman had already come under attack from church groups, non-governmental organizations (NGOs) and the U.N. Secretary General on Internally Displaced Persons for its Sudanese investment. Lloyd Axworthy's response to Ms. Albright was: "Hey, don't you threaten our corporations with sanctions, that's my job!"
ow, anybody under attack from Lloyd Axworthy, church groups, NGOs and the U.N. might usually be worth defending, but there are a lot of serious questions about the wisdom -- not to mention the ethics -- of Talisman's investment in Sudan.
The history of the international oil business is a catalogue of dealings with unsavoury regimes. Arab-ruled states where huge amounts of oil have been found have a human rights record that has been called "uniformly dismal." Sudan is no exception. Sudan's ruling National Islamic Front achieved power via a coup 10 years ago, and received just 5% of the vote in the last free election, in 1986. It allegedly condones slavery and has been engaged in a civil war throughout its dictatorship.
What has put Sudan in the limelight, however, is that the country's southern rebels are largely black Christians. Opponents of Talisman point out that funds from oil development might tip the civil war balance in favour of the national government. These attacks have turned out to have painful consequences for Talisman, the company built by British-born and Oxford-educated astrophysicist Jim Buckee. His Sudanese investment -- acquired last year along with Vancouver-based Arakis -- has turned into a stock market disaster.
Whatever the ethics of the situation, Talisman has clearly misjudged the potential impact of activist power and the perception of political risks. These have knocked perhaps as much as a billion dollars off Talisman's market capitalization, possibly far more than the Sudanese investment is worth.
The very fact that Talisman has performed so well and grown so large has made it attractive to institutional investors. However, institutions have also proved uniquely vulnerable to activist pressure, and are inevitably concerned about the impact of a forced divestment if the U.S. government decides to get nasty. One institution, the Texas Teachers' Retirement Fund, has already ditched its Talisman holdings.
Mr. Buckee has claimed that if an "ethical" company such as Talisman pulls out of Sudan, then something worse might take its place. This argument may make rational sense, but it is certainly not ethically based. Working on the basis that you should be known by your friends, Talisman's partners in Sudan -- China and Malaysia -- make one wonder about the scope for Talisman's ethical input. Moreover, one's ethics are judged not by one's intentions but by one's actions.
Mr. Buckee has defended his position by suggesting that neither the U.S. nor Canada has representatives in Sudan, and thus neither really knows what's going on. European nations, he maintains, take a different and more positive attitude, particularly France. But few governments can be counted upon to provide moral leadership, let alone the magnificently perverse French, whose idea of responding to activists' concerns is to place plastic explosives on their hulls.
Canada could invoke sanctions against Talisman under the Special Economic Measures Act, and apparently Ottawa officials have told activist groups it is prepared to do so. This may be taken with a pinch of salt. Nevertheless, Talisman is now welcoming the concerns of Mr. Axworthy -- so famous for his moral stand in favour of trade with Cuba -- and has signed his bafflegab International Code of Ethics for Canadian Business. Meanwhile, a government fact-finding mission has been sent to Sudan, led by John Harker, an alleged expert on Africa from that well-known Third World think-tank, the Canadian Labour Congress.
Mr. Buckee has pointed out that businesses in countries such as Sudan operate by the grace of the governments in power, but nobody forced Talisman to invest in Sudan. People have a marvellous ability to justify whatever is to their advantage, and Mr. Buckee has also pointed out that economic development is the route to greater respect for human rights. In the broadest perspective, that is true. However, there are circumstances -- certainly in present-day Cuba, possibly in Sudan -- where investment may increase repression.
Ultimately, Talisman's investment is a matter for the consciences of its management and shareholders. The fall in its share price -- if recent political posturing has no policy fallout -- may represent a magnificent buying opportunity. But it is also a reminder that morally questionable investments usually turn out to be financially questionable too. |