2019 UN Forum on Business and Human Rights

Session organized by the UN Working Group on Business and Human Rights and UNDP Business and Human Rights in Asia Programme

Background
In Asia, governments are increasingly embarking on efforts to implement the UN Guiding Principles on Business and Human Rights (UNGPs). In the last year alone, countries such as Bangladesh, India, Nepal, and Pakistan are following in the footsteps of Thailand, Indonesia and Malaysia, and developing National Action Plans (NAPs) or other policy frameworks on business and human rights, involving multi-stakeholders consultations. The Thai government approved its NAP in in October 2019, while South Korea included in 2018 a chapter on business and human rights in its National Action Plan on Human Rights. In early 2019, India released a zero draft of its NAP. Japan aims to adopt a NAP by June 2020.

While drafting of NAPs remains a key signal of commitment to implement the UNGPs, evidence exists to show that the discussion around responsible business conduct has progressed beyond governments agreeing to draft action plans. With growing awareness about the human rights responsibility of business enterprises, there has been an increasing scrutiny of the impact of inbound and outbound investments on human rights of individuals and communities by national human rights institutions (NHRIs), civil society organisations (CSOs), human rights defenders, trade unions, scholars and the media. The adverse impacts on the rights of specific groups such as children, women, migrant workers and indigenous peoples have also attracted attention.

Against this background, this two-part session will provide an opportunity to assess the progress made, challenges faced, and further opportunities available in the implementation of the UNGPs in Asia. By brining together government officials, NHRIs, CSOs and companies from countries across Asia, this interactive session will also facilitate peer learning and reinforce a race to the top in Asia. Efforts will be made to provide adequate space for questions and comments from the floor.

Progress on State action: National Action Plans and beyond
In Asia, six stand-alone NAPs on business and human rights are being drafted (or have been drafted) as a consequence of a formal policy commitment at the governmental level. In six countries – India, Indonesia, Japan, Malaysia, Pakistan and Thailand – processes have been generally aligned with the core criteria recommended by the UN Working Group, though they differ in their modalities and priorities chosen. Some countries like Nepal are starting – similar to South Korea – by inserting a chapter on business and human rights in their generic human rights action plan.

This part of the session will provide an opportunity to discuss the diverse pathways being followed by countries in Asia to promote responsible business conduct. It will also showcase other initiatives taken by certain countries to complement NAP processes. Examples include a memorandum of understanding (MoU) signed between the Securities and Exchange Commission of Thailand and the National Human Rights Commission of Thailand to support stock-listed corporations in meeting their responsibilities under the UNGPs; a MoU singed between NHRIs of Nepal and Qatar regarding migrant workers; the National Guidelines on Responsible Business Conduct adopted by India; and the innovative solutions adopted by Indonesia to translate national commitments at the local level.