Thai – 2nd – Investment
| Chapter 3 3.4 Action Plan on Transboundary Investment and Multinational Enterprises 3.4.5 Action Plans and Indicators |
Duty of State
| No. | Issues | Connections to UNGPs | Project/activity | Responsible Agencies | Time frame (2023-2027) | Indicators | In Compliance with National Strategy / 13th National Economic and Social Development Plan / SDGs/ UNGPs. |
| 1 | Amendments to laws, rules, regulations, policies and measures | 1 | 1.1. Study and prepare guidelines and processes for giving opinions on contracts in cases where government and state enterprises do business with multinational corporations. The guidelines cover the UNGPs and other international legal obligations. They are also in line with the Standard Investment Promotion and Protection Agreement that has been revised by the Ministry of Foreign Affairs.* | Main Agencies: Main Agencies – Office of the Attorney General Supporting Agencies – Ministry of Foreign Affairs – Ministry of Justice (Rights and Liberties Protection Department) | 2023-2027 | Guidelines and process of giving opinions on contracts in cases where governments and state enterprises do business with multinational corporations | National Strategy for Enhancing Competitiveness National Strategy on Public Sector Rebalancing and Development The 13th National Economic and Social Development Plan, Milestone 8,13 SDG 8,16 UNGPs Article 1, 3, 4, 5, 7, 8, 9, 10 |
| 2 | Awareness of Thailand’s obligations to protect human rights | 1 | 2.3 Raise awareness among Thai business operators who plan to invest abroad or foreign investors investing in Thailand to respect human rights principles and to comply with the laws, rules, and regulations of the host country. The development of guideline for investing in other countries is considered. | Main Agencies – Ministry of Commerce – Ministry of Justice (Rights and Liberties Protection Department) – Export-Import Bank of Thailand – The Stock Exchange of Thailand – Office of the Board of Investment Supporting Agencies – Ministry of Foreign Affairs | 2023-2027 | – Human Rights Awareness Building Handbook – Investment handbooks for each country – Human rights principles projects or workshops to train and educate business operators who plan to invest abroad or disseminating the information to foreign enterprise in Thailand about business and human rights via various channels | – National Strategy for Enhancing Competitiveness. – The 13th National Economic and Social Development Plan, Milestone 12 – SDG 9, 16, 17 – UNGPs Article 1, 3, 4, 5, 7, 8, 10 |
| 3 | Developing proactive mechanisms to detect, improve, prevent, assess, and monitor impacts of transboundary and overseas investment | 1 | 3.1 Develop measures to monitor Thai investors who invest in foreign countries to respect human rights, UNGPs, and BCG Model. | Main Agencies – Ministry of Justice (Rights and Liberties Protection Department) Supporting Agencies – Ministry of Foreign Affairs | 2023-2027 | Measures/mechanisms to regulate transboundary investments | – National Strategy on Public Sector Rebalancing and Development – The 13th National Economic and Social Development Plan, Milestone 13 – SDG 16, 17 – UNGPs Article 1, 3, 4, 5, 7, 8, 10 |
| 3 | Developing proactive mechanisms to detect, improve, prevent, assess, and monitor impacts of transboundary and overseas investment | 1,3 | 3.2 Review and consider amending the scope of power of the Sub Steering committee for National Action Plan on Business and the National Human Rights Commission of Thailand and other sectors which are responsible for reviewing complaints from business operators that invest locally and internationally. This will enable effective, prompt, fair, and independent investigation, coordination, litigation, and remedial processes. It will also facilitate negotiations and resolutions.* | Main Agencies – Ministry of Foreign Affairs – Ministry of Justice (Rights and Liberties Protection Department) | 2023-2027 | The study findings, review, monitoring mechanism, management, coordination, execution, and remedy of cases of business operations for both local and transboundary investment | – National Strategy on Public Sector Rebalancing and Development – The 13th National Economic and Social Development Plan, Milestone 13 – SDG 8, 16 – UNGPs Article 24, 25, 26, 27, 28, 29, 31 |
| 6 | Investment Promotion | 1 | 6.1. Emphasize the importance of promoting and supporting Thai investors and businesses, both domestically and internationally, to engage in Corporate Social Responsibility (CSR) activities that align with the state’s investment policies and public interest. These activities include basic human rights protection, environmental conservation, and public health. | Main Agencies – Ministry of Foreign Affairs – Ministry of Commerce | 2023-2027 | – Negotiating agreements to promote and protect investments and investment provisions under free trade agreements, which include policy space for the state to implement measures for public benefit. This may also encompass provisions supporting CSR activities that align with human rights principles. | – National Strategy for Enhancing Competitiveness – National Strategy for Human Resource Development and Enhancement – The 13th National Economic and Social Development Plan, Milestone 8 – SDG 8, 16, 17 – UNGPs Article 1, 3, 4, 5, 7, 8, 9, 10 |
| 6 | Investment Promotion | 1 | 6.2 Conduct the study and risk and impact assessment of human rights (Human Rights Due Diligence) before the implementation of a large project or projects related to public services, including cases where joint investments between the public and private sectors involved infrastructure and public services and where the private sector is contracted to run the project by the government. | Main Agencies – Ministry of Transport – Ministry of Natural Resources and Environment – Ministry of Energy – Ministry of Industry – Neighbouring Countries Economic Development Cooperation Agency (Public Organisation) | 2023-2027 | – Establish principles or guidelines for study and risk and impact assessment of human rights (Human Rights Due Diligence) before implementing the project. | – National Strategy on Public Sector Rebalancing and Development – The 13th National Economic and Social Development Plan, Milestone 13 – SDG 16 – UNGPs Article 1, 2, 3, 4, 5, 7, 8, 10 |
| Corporate Responsibility 1. Compliance with laws, standards, and human rights principles related to international investment and multinational corporations 1.2 State enterprises and business shall comply with laws, rules, regulations, and standards regarding human rights, corporate governance, and investment both in Thailand and in the country of investment in the case of transboundary investment.* 1.3 State enterprises and business should monitor, inspect, and encourage their subsidiaries, affiliates, supply chain, and outsourced and subcontracting companies to comply with the laws, rules, regulations, and standards on human rights, corporate governance, and investment both in Thailand and in the country of investment in case of transboundary investment.* 1.4 State enterprises and business should cooperate with the government, international organisations, and other independent organisations to keep track of their compliance with laws, rules, regulations, standards on human rights, corporate governance, investment both in Thailand and in the country of investment in the case of transboundary investment, including the UNGPs*, 2. Raise awareness of international principles or standards on human rights and responsible business practices 2.1 State enterprises and business should provide training on international principles or standards of internationally recognised human rights under the UNGPs, OECD guidelines for Multinational Enterprises, OECD Declaration on International Investment and Multinational Enterprises and responsible business principles such as the BCG Model for their employees, subsidiaries, affiliates, and their supply chain.* 3. Grievance and Remediation Mechanism 3.2 State enterprises and businesses operating in Thailand and Thai business investing abroad should conduct assessment and develop remediation measures for individuals and communities affected by human rights violations resulting from their business operations. The remediation should be based on international human rights principles that are fair, appropriate, and effective and ensure those affected are engaged in the process.* |
3.3 State enterprises and businesses operating in Thailand and Thai business investing abroad should settle any disputes with the affected community through negotiations and discussions. Relevant agencies in the area can be invited to facilitate the mediation