Sep 29, 2022 | Events, News
On 12 October in Geneva and online, the International Commission of Jurists (ICJ) and Friedrich-Ebert-Stiftung (FES) will bring together national and international leaders and practitioners for a conference to share the developments and evidence from national practice and discuss ways in which international binding standards can draw from that practice and provide a key impetus for the effective development and operation of other national initiatives across the globe.
Nov 29, 2020 | News
The ICJ and its Swiss section (ICJ-CH) regret the results of the vote yesterday in Switzerland rejecting the popular initiative for responsible businesses. While the majority of the popular vote approved the initiative, there was no majority of voters in a majority of Cantons.
Under the Swiss constitution, to be approved, such initiative amending the constitution needs the majority of both the popular vote in Switzerland and in a majority of Cantons part of the Swiss Confederation.
“The strong support gathered by this initiative, expressed in the majority of the popular vote, is encouraging, and a strong message that the Federal Parliament and the Federal Council must take into account in the process of the implementation of the legislative counter-proposal and in further legislation,” said Marco Sassòli, ICJ commissioner.
A counter-proposal prepared by the Federal Council is now approved by default. This counter-proposal foresees due diligence obligations for some sectors and reporting obligations, but no specific legal liability.
The proposed initiative would have required multinationals based in Switzerland to respect human rights also abroad, and to carry out human rights due diligence to identify and prevent potential human rights abuses.
It would also have clarified the multinational’s legal responsibility for violations of internationally recognized human rights and environmental norms by enterprises that it controls and operate abroad.
Nov 14, 2020 | Advocacy, News
On 12-13 November 2020, the ICJ co-hosted a discussion on “Thailand’s National Action Plan on Business and Human Rights: 1-Year Progress Review” in Bangkok. The forum was co-organized with other 11 organizations.
Participants on the first day included some 95 individuals representing populations affected by business operations from all regions of Thailand and members of civil society organizations. The considered reviewed the progress that has been made by Thailand over the past year towards fulfilling its commitments in the four priority issues in its First National Action Plan on Business and Human Rights (NAP): (1) Labor; (2) Land, environment and natural resources; (3) Human rights defenders; and (4) Cross border investment and multi-national enterprises.
Several participants noted a lack of any evident and tangible progress in the NAP implementation and questioned the effectiveness of the NAP because it does not have the status of a law but is merely a resolution from the Council of Ministers. They further expressed concern at the lack of a comprehensive monitoring system in place to monitor NAP and its achievement according to the key recommendations aligned with the UN Guiding Principle on Business and Human Rights, and on legal harassment and intimidation faced by human rights defenders.
In the session regarding cross border investment and multi-national enterprises, the ICJ participants led the discussion regarding challenges to hold Thai companies accountable for human rights abuses which took place abroad. The participants looked into several obstacles to accessing to justice for victims of business-related human rights abuses in the context of cross-border investment. The discussion was based on the ICJ’s work and analysis in the draft report on the human rights legal framework of Thai companies operating in Southeast Asia, which is expected to be launched in December 2020.
Comments and recommendations raised by participants on the first day were presented to representatives from the Ministry of Justice, Thailand National Human Rights Commission, Global Compact Network Thailand and UN agencies, in the public seminar on the second day. The outcomes of the discussion and recommendations will also be submitted to the NAP Monitoring/Steering Committees, chaired by Director-General of Rights and Liberties Protection Department, Ministry of Justice.
Background
On 29 October 2019, the Cabinet approved and adopted the First National Action Plan on Business and Human Rights (2019-2022), making Thailand the first country in Asia to adopt the stand-alone NAP.
The NAP emphasizes the duties of State agencies to review and amend certain laws, regulations and orders that are not in compliance with human rights laws and standards and ensure their full implementation; ensure accessibility of mechanisms for redress and accountability for damage done to affected communities and individuals; overcome the barriers to meaningful participation of communities and key affected populations; and strengthen the role of businesses to “respect” human rights on a variety of key priority issues.
The event was co-hosted with:
- International Organization for Migration (IOM)
- Community Resource Centre Foundation (CRC)
- Asian Forum for Human Rights and Development (FORUM-ASIA)
- EarthRights International (ERI)
- The Mekong Butterfly (TMB)
- International River (IR)
- Spirit in Education Movement (SEM)
- Thai Extra-Territorial Obligations Working Group (Thai ETOs Watch)
- Green Peace Thailand
- Green South Foundation
- Business and Human Rights Resource Center (BHRRC)
Further reading
Thailand’s Legal Frameworks on Corporate Accountability for Outbound Investments
Thailand: ICJ co-hosts discussion on National Action Plan on Business and Human Rights
Mar 9, 2020 | Advocacy, Non-legal submissions
The ICJ and Lawyers’ Rights Watch Canada have highlighted the link between human rights violations and corporate accountability in South Sudan, at the Human Rights Council in Geneva.
The statement, delivered in an interactive dialogue with the Commission on Human Rights in South Sudan, read as follows:
“The International Commission of Jurists (ICJ) and Lawyers’ Rights Watch Canada thank the Commission on Human Rights in South Sudan for its report (A/HRC/43/56).
We underline the Commission’s ongoing concerns about lack of access to justice, entrenched impunity for serious crimes and human rights violations; continued threats against human rights defenders, journalists, and dissidents; and corruption in oil and non-oil sectors.
We appreciate the Commission’s continued investigation into enforced disappearances, including the 2017 enforced disappearances and extrajudicial killings of human rights lawyer Dong Samuel Luak and opposition politician Aggrey Idri.
We remain concerned by the lack of effective oversight of oil and non-oil enterprises and revenue misappropriation that has fueled violations. In the light of the findings by the Commission’s 2019 report (A/HRC/40/69, A/HRC/40/CRP.1) pointing to the oil industry as a “major driver” in the continuation of the armed conflict and resulting human rights violations, we would like to ask what follow up to those findings does the Commission intend to conduct in the future?
Potential corporate complicity with crimes under international law demands investigation and a strong monitoring mechanism for the use of oil revenues should be established.”
Jul 21, 2019 | News
Today, the ICJ hosted a discussion on Thailand’s legal frameworks on corporate accountability for outbound investments in Chiang Mai, Thailand. The forum was co-organized with Earth Rights International.
Lawyers, members of civil society organizations and academics from Cambodia, Laos, Myanmar, and Thailand attended the discussion.
Participants discussed:
- corporate civil, criminal and administrative liability and in particular, the applicable laws governing the prosecution and adjudication of human rights abuses committed by Thai corporations and gaps in Thailand’s legal frameworks. The meeting also looked into recommendations to strengthen Thailand’s domestic laws to increase access to justice for victims of human rights abuses committed by Thai corporations in the context of their business activities abroad, particularly on issues such as: limited liability of shareholders and the “corporate veil” in relation to the responsibilities of Thai corporations, the complexity of laws governing joint ventures, and challenges in bringing state-owned enterprises to justice;
- jurisdiction of Thai courts in civil, criminal and administrative cases where de facto and de jure foreign subsidiaries of a Thai corporation were involved in wrongful acts or omissions abroad, and problems posed by statutes of limitation;
- tools for preventing human rights abuses by corporations such as Human Rights Due Diligence (HRDD), Transboundary environmental impact assessments (EIA), Corporate Social Responsibility (CSR) measures, and the Duty of Care principle under tort law; and
- the role of other related actors to prevent and mitigate human rights risks, including the National Human Rights Commission of Thailand (NHRCT), National Contact Points (NCPs), financial institutions and securities institutions, and provided recommendations to strengthen mandates of such organizations which would allow them to provide better protection for individuals and communities who may be affected by outbound investments.
This discussion will provide the foundation for further work and analysis by the ICJ regarding Thailand’s legal frameworks on corporate accountability for outbound investments. It will also provide the basis for ICJ strategic advocacy at the national level.
