Restoring justice in franchising.

October 18, 2010

When one human right is violated, all human rights are violated.Upon reflection, many franchisees consider their experiences a violation of their fundamental human rights. While the most obvious one, the one always mentioned in even the weakest franchise law (right to associate) there are several others, principally, violations of the right to enjoy free speech.

If franchising is to “get back” there must be a technology that assists in recognizing and treating this violence. It’s called restorative justice.

South Africa developed one:

The Truth and Reconciliation Commission (TRC) was a court-like restorative justice body assembled in South Africa after the abolition of apartheid. Witnesses who were identified as victims of gross human rights violations were invited to give statements about their experiences, and some were selected for public hearings. Perpetrators of violence could also give testimony and request amnesty from both civil and criminal prosecution. Wikipedia

Canada is working on another for their indigenous peoples.

Franchisees are both a distinct and indigenous people. Ontario had a form of it at the public hearings that preceded the Arthur Wishart Act (Franchise Disclosure) in 2000.

  1. Check it out for yourself: of the 40 testimonies, former and honest franchisees speak one language, one experience, one emotion.
  2. For the individuals involved, March 6, 7, 8 & 9, 2000 were important dates in their lives because a threat to someone else’s liberty, is a threat to everyone’s. There are no bystanders in a rights war. Many of these are still in public service.
  3. I started collecting articles in preparation of these testimonies and from this need, WikiFranchise.org arose.

Statesmanship: A first step is the state acknowledging that systemic abuse happened and they themselves were a part of the problem. Not the individual politician or civil servant: but that, for their part, a predatory environment was tolerated and enabled that caused family violence to flourish in franchising. This is called leadership.

Public hearings may be an appropriate response.

audi alteram partem


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