Thai – 2nd – state owned enterprises
Chapter 3
3.1 Action Plan on Labour
3.1.5 Action Plan and Indicators
Corporate Responsibility
| 1. Compliance with labour laws, labour standards, and the principles of human rights. 1.1.State enterprises and the business sector must review the rules and regulations of their organisations, provide an announcement or a statement on the human rights policy in their organisations, as well as promote, understand, and support the amendment of rules, regulations, announcements, or statements of subsidiaries and supply chains to ensure labour protection in line with international human rights laws and the UNGPs. 1.2.State enterprises and the business sector must disseminate laws, measures, rules, regulations and local and international human rights principles related to labour laws, labour standards, and labour protection to staff within their subsidiaries and supply chains.* 1.3.State enterprises and the business sector must uphold and strictly comply with local and international labour laws and regulations. They must also encourage their subsidiaries and supply chains to do the same. This covers activities like no forced overtime , unfair dismissal, workplace insurance enforced, providing welfare in accordance with the law, etc. 1. Labour rights and welfare 1.1.State enterprises and the business sector that use migrant workers should be responsible for the costs of recruiting labour and other expenses in accordance with the “employer pays principle”.* 1.2.State enterprises and the business sector should establish measures to certify or ensure healthcare for workers in the workplace, such as vacation, leave, negotiations, etc. 1.3.State enterprises and the business sector should provide welfare for workers and their families, such as childcare centers in the workplace.* 2. Elimination of workplace discrimination 2.1.State enterprises and the business sector should specify measures and policies to show the intention of supporting equal opportunities without discrimination in employment, recruitment, compensation, termination, promotion, and removal of any conditions that cause a negative impact on employees and job seekers as appropriate, regardless of gender, HIV/AIDS infection, disability, age, ethnicity, etc. 79 2.2.Increase the employment of women, ethnic groups, persons with disabilities, senior citizens, ex-convicts, etc., by considering them as appropriate, including requiring the establishments to have proper facilities set up.* 2.3.State enterprises and the business sector should establish measures and policies to prevent sexual harassment in the workplace by considering adoption of the UN Standards of Conduct for Business: Tackling Discrimination against LGBTI People in the workplace. 2.4.State enterprises and the business sector should adopt local and international best practices, such as Good Labour Practice (GLP) in business management and conducting human rights due diligence for large businesses by conducting assessments within the organisation and workers within the supply chain to prevent labour exploitation. 3. Complaint and remedy mechanisms 3.1.State enterprises and the business sector should provide internal channels for operational grievance mechanisms (OGMs) and keep confidential information. Many channels should be opened and must have convenient and fast access for tracking through a mobile phone application or via website, etc.* 3.2.State enterprises and the business sector should consider holding discussions to mediate disputes to achieve resolutions between workers by offering them the opportunity to participate in negotiations.* 3.3.State enterprises and the business sector should cooperate with the government, international organisations, and other independent mechanisms to ensure that labour laws, labour standards, and human rights principles are being followed.* 3.4.State enterprises and the business sector should agree on measures to remedy damage to workers in the event that workers’ human rights are violated (including measures and mechanisms to support and solve problems related to dismissal). The remedies should cover physical and mental damage.* 3.2 Action Plan on Community, Land, Natural Resources and Environment 3.2.5 Action Plan and Indicators Duty of State Corporate Responsibility 1. Compliance with laws, standards and human rights principles governing the environment, natural resources and land 1.1 State Enterprises and businesses should review the rules and regulations of the organisation and provide a declaration or policy statement on respect for the human rights of the organisation. They should promote, understand, and support amendments to rules, regulations, policy statements of subsidiaries and affiliates as well as supply chains, to ensure the protection of human rights related to the environment, natural resources, communities, and land in accordance with international human rights laws and standards, especially the UNGPs*. 1.2 State enterprises and businesses must disseminate laws, measures, rules, regulations, and human rights principles both within and between countries relating to human rights in terms of environment, natural resources, communities, and land among their personnel, including those in subsidiaries, affiliates, and supply chains in a way that is accessible to everyone. 1.3 State enterprises and businesses are required to observe and uphold all applicable laws, regulations, and human rights principles pertaining to the environment, natural resources, local communities, and places that are strictly protected by domestic and international law. They should promote and keep an eye on the supply chains, subsidiaries, and affiliates to ensure that they adhere to the aforementioned laws, regulations, and values.* 1.4 State Enterprises and businesses should consider preparing an annual Human Rights Impact Assessment (HRDD) report for public use.* 1.5 State enterprises and business must consider climate change issues into account when conducting operations. The Thai government has demonstrated its commitment to lowering greenhouse gas emissions in line with the goals set under Thailand’s Long-term Low Greenhouse Gas Emission Development Strategies (LT-LEDS). This strategy involves both mitigation of greenhouse gas and climate adaptation to prevent severe economic, social, and environmental consequences for the population and society as a whole. 2. Promoting active participation from communities and public 2.1 State enterprises and businesses should disseminate information about their businesses, projects, and the environmental and health impact assessment reports to the public, especially the community and people in the area, before, during, and after the implementation of the project for transparency. This includes encouraging and monitoring the subsidiaries, affiliates, and supply chains to disseminate such information as well.* 2.2 State enterprises and businesses should communicate with people and nearby communities to create shared understanding. Public opinions from all sectors should be heard, and the participatory process of stakeholders must be respected.* 2.3 State enterprises and businesses should work closely with communities to support valuable and community-appropriate production processes.* 3. Environmental Impact Assessment (EIA) or Environmental and Health Impact Assessment (EHIA) 3.1 State enterprises and businesses should conduct a transparent EIA or EHIA assessment in strict compliance with the law, code of conduct, and practice guidelines through the participation of all sectors involved. The appraisal report provider must be independent, proficient as well as able to disseminate relevant information in advance in order to provide stakeholders with sufficient time to understand the proposals and prepare their recommendations. In the event that stakeholders are ethnic groups, localizations should be prepared and communicated in an appropriate manner to promote genuine participation.* 3.2 State enterprises and businesses should cooperate with the government and various agencies and mechanisms in validating accuracy and transparency in the preparation of EIA and EHIA. This also includes a rehearsal of dealing with the impact of the project’s implementation.* 4. Grievance Mechanism and Remediation 4.1 State enterprises and businesses should establish complaint channels and grievance mechanisms within the organisation (Operational Grievance Mechanism: OGM). They should ensure that confidential information is protected and various channels for complaints are provided, noting that the channels are easily and quickly accessible, the complaint results are traceable, and they can be coordinated with other agencies. Examples include a complaint system on the website, a complaint system via mobile phone, etc.* 4.2 State enterprises and businesses should consider settling disputes regarding lands, natural resources, and the environment with the community through mutual dialogue and conversation. In this regard, relevant agencies in the area may be coordinated to help mediate and settle disputes.* 4.3 State enterprises and businesses should cooperate with the government sector, international organisations, and other independent mechanisms in the event of operational monitoring in accordance with laws, standards, and human rights principles related to the environment, natural resources, communities, and land.* 4.4 State enterprises and businesses should be equipped with remedial measures to compensate individuals and communities affected by human rights violations as a result of business covering physical, mental, economic, and social damage.* 3.3 Action Plan on Human Rights Defenders 3.3.2 Operational Success Factors From the aforementioned challenges, it is evident that the factors for success in addressing issues and promoting the role of human rights defenders in the context of business and human rights must consider the following: […] 3. Promote Understanding and Attitudes: Develop positive understanding and attitudes among government agencies, state-owned enterprises, and the business sector towards the role of human rights defenders as development partners. This includes supporting dialogue spaces, fostering understanding, and engaging in collaborative work. |
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, 3 | 1.3 Study and propose recommends for the legal amendments or measures to ensure access to the justice system and effective civil, criminal and administrative compensation. Closed communities both in Thailand or abroad where companies or Thai state enterprises operate and are affected by such operations are covered. | Main Agencies – Ministry of Justice (Rights and Liberties Protection Department) Supporting Agencies – Ministry of Foreign Affairs – Office of the Attorney General | 2023-2027 | – The study findings and recommendati ons for the legal amendments or measures to ensure access to the justice system and remedies for those affected by Thai business operations abroad | – National Strategy on Public Sector Rebalancing and Development. – The 13th National Economic and Social Development Plan, Milestone 8, 13 – SDG 16, 17 – UNGPs Article 1, 3, 4, 5, 7, 8, 10 |
| 4 | Measures to prevent and encourage business operations that respect human rights | 1 | 4.1 Adopt the guidelines for state enterprises to prevent and mitigate risks from human rights violations, including overseas operations both by the enterprise, its subsidiaries, affiliated companies, contractors or joint ventures. | Main Agencies – Ministry of Finance (Office of the State Enterprise Policy Committee) | 2023-2027 | – Apply the State Enterprise Assessment Model (SEAM) to assess the performance of state enterprises – Apply and regulate good governance principles | – National Strategy on Public Sector Rebalancing and Development – The 13th National Economic and Social Development Plan, Milestone 12 – SDG 16, 17 – UNGPs Article 1, 3, 4, 5, 6, 7, 8, 10 |
| 6 | 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 1.1 State enterprises and business should review, promote, make understanding, and support the amendment of the rules and regulations of their organisations, subsidiaries, affiliates, and supply chains. […]. 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 […]. 2.2 State enterprises and businesses operating in Thailand and Thai business investing abroad should conduct Human Rights Due Diligence The findings should be disclosed publicly, especially to people in close communities prior to, during, and after the project development with transparency.* 2.3 State enterprises and business operating in Thailand and Thai business investing abroad should disclose information to the public about ongoing projects both directly and through representatives both domestically and internationally, especially human rights impacts.* 3. Grievance and Remediation Mechanism 3.1 State enterprises and businesses should provide a channel or grievance mechanism for receiving complaints of violations caused by business operations that guarantees confidentiality. A complaint filed can also be referred to relevant government units and the progress of which can be tracked (Operational Grievance Mechanism: OGM).* 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. * The activity was implemented under the First National Action Plan on Business and Human Rights but requires further action or has been adapted from the First National Action Plan on Business and Human Rights after being fully or partially implemented.