Thailand – SOEs and PPPS

By Daniel Morris | 7. September 2020

3. The core content of the National Action Plan on Business and Human Rights

3.1 Action plan on labour

3.1.3 Action Plan (2019–2022)

Pillar 2: Responsibilities of the business sector in respecting of human rights

2.1 Compliance with labour laws, the Thai Labour Standards and the principles of human rights

State enterprises and the business sector must provide an announcement or a statement on the human rights policy in their organizations. This includes the UNGPs.
State enterprises and the business sector must implement the Thai Labour Standards, respecting and strictly complying with labour laws.
State enterprises and the business sector must promote knowledge about labour laws, the Labour Standards and human rights principles, both in Thailand and internationally, to labour in the workplace.
State enterprises and the business sector must cooperate with government agencies and international organizations in case there is an inspection of operation under labour laws, the Labour Standards and human rights principles.

2.2 Labour rights and welfare

State enterprises and the business sector should provide welfare for workers and their families, such as childcare centres in a workplace.
State enterprises and the business sector should not force workers to work overtime. Overtime work must be voluntary or by necessity, such as without doing so would cause damage. Overtime work should be proposed to workers systematically depending on the necessity.
State enterprises and the business sector should establish measures to certify or insure health care for workers in the workplace.
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 pay principle”.

2.3 Elimination of discrimination in the workplace

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.
State enterprises and the business sector should establish measures and policies to prevent sexual harassment in the workplace.
State enterprises and the business sector should increase the employment of women, ethnic groups, persons with disability, senior citizens, ex-convicts, etc. by considering as appropriate, including requiring the establishments for proper facilities set-up.
State enterprises and the business sector must not consider not employing or terminating employment due to HIV infection.

2.4 Complaint and remedy mechanisms

State enterprises and the business sector should provide internal channels for complaint/petition mechanisms and keeping it as confidential information. Many channels should be opened and must have a convenient and fast access for tracking, such as on the website and via application on mobile phones, etc.
State enterprises and the business sector should hold discussions to mediate disputes to achieve resolutions between workers before bringing the case to justice by giving the opportunity for workers to participate in negotiations.
State enterprises and the business sector should agree on measures to remedy damage to workers in the event that workers’ human rights are violated. The remedies should cover physical and mental damage.
State enterprises and the business sector should specify measures and mechanisms to support and solve issues around firing workers, including compensation for termination of employment in accordance with the relevant laws.

3.2 Action plan for community, land, natural resources and the environment

3.2.3 Action Plan (2019–2022)

Pillar 2: Responsibilities of the business sector in respecting of human rights

2.1 Compliance with laws, standards and principles of human rights relating to the environment, natural resources, community and land.

State enterprises and the business sector must review the organization’s rules and regulations and improve them to comply with relevant laws, standards and principles of human rights related to the environment, natural resources, community and land, especially the UNGPs, to prevent human rights violations.
State enterprises and the business sector must promote and monitor their subsidiaries, including their supply chain in respect to relevant laws, standards and human rights principles related to the environment, natural resources, community and land.
State enterprises and the business sector must cooperate with the government and international organizations in the event of monitoring and review compliance with laws, standards and principles of human rights related to the environment, natural resources, community and land.
The state enterprises should have appropriate measures and remedies provided in case of land expropriation from people, including coordinating with relevant government agencies to inform the public in advance.

2.2 Open to the participation of public and communities

State enterprises and the business sector should provide information about businesses and projects to the public, especially the community and the people in the area before, during and after the project implementation to ensure transparency.
State enterprises and the business sector should listen to all public comments and respect the process of stakeholder participation in accordance with the UNGPs.
State enterprises and the business sector should work closely with the community to support a production process that is valuable and suitable for the community.
State enterprises and the business sector should communicate with the public and nearby communities to facilitate their better understanding, as well as cooperate with relevant agencies in the event of preparing for how to deal with the impact of the project.

2.3 EIA/EHIA

State enterprises and the business sector should conduct an EIA/EHIA assessment by an independent, credible and accredited expert.
State enterprises and the business sector should conduct an EIA/EHIA assessment in accordance with the guidelines as specified in the relevant laws, regulations and measures.
State enterprises and the business sector should build mutual understanding with the people and communities affected by operations in the surrounding areas and provide opportunities for those persons to participate in the EIA/EHIA process.
State enterprises and the business sector should cooperate with the government and various departments in the event of investigation of the correctness and transparency in the making of the EIA/EHIA.

2.4 Complaint and remedy mechanisms

State enterprises and the business sector should assess risks and conduct human rights due diligence, including preparing annual reports for public distribution.
State enterprises and the business sector should provide a variety of complaint channels that can be forwarded to the other departments, including measures to protect complainants.
State enterprises and the business sector should resolve disputes with the community by negotiating and discussing with the communities affected before bringing the case to justice, including coordinating with related agencies in the area to help mediate the dispute resolution.
State enterprises and the business sector should identify measures to remedy people and communities affected by human rights abuses resulting from business operations.

3.3 Action plan for human rights defenders

3.3.3 Action Plan (2019–2023)

Pillar 2: Responsibilities of the business sector in respecting human rights (Respect)

The expectations will be the starting point and state enterprises as well as businesses of all sizes are encouraged to use them as a guideline, which is an important factor to reduce the adverse human rights impact of business operations.

2.1 Compliance with laws, measures and principles of human rights relating to the protection of human rights defenders

State enterprises and the business sector must comply with the law, measures and principles of human rights relating to the protection of human rights defenders.
State enterprises and the business sector should provide channels which their personnel can access for disseminating knowledge and understanding about laws, measures and principles of human rights related to protection of human rights defenders.
State enterprises and the business sector must cooperate with government agencies and international organizations to follow the monitoring and prosecution of human rights defenders.
State enterprises and the business sector should understand the role of human rights defenders in their job to protect them and ensure that they will not be terminated or prosecuted just because of their work for protecting the human rights of others.

2.2 Enhancing knowledge and understanding about the work of human rights defenders

State enterprises and the business sector should study and understanding the role of human right defenders’ work.
State enterprises and the business sector must cooperate in participation with government agencies’ activities organized to educate about the work of human rights defenders.
State enterprises and the business sector should provide a forum to discuss with human rights defenders in order to create an understanding of working together.
State enterprises and the business sector should disseminate and publicize the duty of human rights defenders to their staff and networks.

2.3 Establishing measures to protect human rights defenders

State enterprises and the business sector must provide an overview of the situation working with human rights defenders when requested by government agencies.
State enterprises and the business sector should participate with government agencies in implementing measures to protect human rights defenders and understanding the roles of human rights defenders.
State enterprises and the business sector and civil society should collaborate constructively in the prevention, mitigation and remedy of adverse human rights impacts.
State enterprises and the business sector should clearly assign personnel or agencies to correctly enhance knowledge and understanding to their staff regarding the work of human rights defenders to prevent misunderstandings and harassment between each other.

2.4 Complaint and remedy mechanism

State enterprises and the business sector should have a mechanism to consult with human rights defenders in order to deal with the violation of human rights.
State enterprises and the business sector should provide clear channels and designated coordinators for complaints.
State enterprises and the business sector should settle disputes with human rights defenders by fully negotiating and mediating disputes before bringing the case to justice which may involve coordination with relevant agencies in the area to help mediation to settle the disputes.
State enterprises and the business sector should avoid litigation to prosecute human rights defenders simply because they are performing their duty to claim and protect the rights of others.

3.4 Action Plan on Cross Border Investment and Multinational Enterprises

3.4.3 Action Plan (2019–2022)

Pillar 1: State duties in protecting (Protect)

No.

Issues

Activities

Responsible agencies

Time-frame (2019–2022)

Indicators (wide frame)

Compliance with National Strategy/ SDGs/UNGPs

Preventing human rights violations abroad

Establish measures to prevent violations of human rights in investment projects of state-owned enterprises (and Thai businesses abroad) including complaint mechanisms

– Office of the National Economic and Social Development Council

– Ministry of Finance (Office of the State Enterprise Policy Office)

2019–2022

Preventive measures and mechanisms for complaints of infringement discussed and defined in relation to human rights in the projects invested by state-owned enterprises (and Thai businesses abroad)

– National Strategy for Public Sector Rebalancing and Development

– SDG 8, 16 and 17

– UNGPs Articles 1, 3, 4, 5, 7, 8, 9 and 10

State enterprises

Require state enterprises to have measures to prevent and mitigate human rights risks and impacts including those carried out overseas by subsidiaries, contractors and joint ventures

– Ministry of Finance (Office of the State Enterprise Policy Office)

2019–2022

State enterprises have projects/ activities to implement the UNGPs and HRDD assessments and share good and concrete practices with other business sectors

– National Strategy for Public Sector Rebalancing and Development

– SDG 8 and 16

– UNGPs Articles 1, 3, 4, 5, 7, 8, 9 and 10

Pillar 2: Responsibilities of the business sector in respecting of human rights.

2.1 Compliance with laws, standards and principles of human rights relating to cross border investment and multinational enterprises

State enterprises and the business sector must review the rules and regulations of their organizations and amend them to comply with laws, standards and principles of human rights related to the environment, natural resources, communities and land, especially the UNGPs, in order to prevent human rights violations.
State enterprises and the business sector must comply with laws, regulations and standards regarding human rights in the management of business and investment in the country, in the case of investing in Thailand and in foreign countries in the case of cross border investment.
State enterprises and the business sector should encourage and monitor their subsidiaries including their supply chain to respect the laws, regulations and standards regarding human rights, business governance and investment in Thailand in the case of investing in Thailand and in foreign countries in the case of cross border investment.
State enterprises and the business sector should cooperate with the government and international organizations in the event of tracking and reviewing compliance with laws, regulations and standards regarding human rights, business governance and investment in Thailand in the case of investing in Thailand and in foreign countries in the case of cross border investment.

2.2 Promoting awareness of international principles and standards regarding human rights and business conduct

State enterprises and the business sector should provide training to improve knowledge about international principles and standards regarding human rights and responsible business conduct for their affiliates and staff.
To be transparent, state enterprises and the business sector, both for domestic investment and cross border investment, must disclose information about their projects to the public, especially the community and people in the affected areas both before, during and after the project implementation.
State enterprises and the business sector should study the UNGPs and the OECD Guidelines on Multinational Enterprises, including communicating with their affiliates and agencies.
State enterprises and the business sector must keep an eye on their companies’ supply chain operations including outsourcing services and subcontracting that may create adverse effects on human rights as specified in the UNGPs.

2.3 Complaint and remedy mechanism

State enterprises and the business sector operating in Thailand and Thai entrepreneurs investing in foreign countries should conduct a risk assessment and surveillance of human rights due diligence, including disclosure of information to the public.
State enterprises and the business sector should have a channel or mechanism to receive complaints about human rights violations resulting from business operations and coordinate to forward the relevant information to the related department.
State enterprises and the business sector operating in Thailand and Thai entrepreneurs investing in foreign countries should resolve disputes with the community by negotiation and discussion with the affected communities to give full compensation for damages before bringing the case into the judicial system. They should coordinate with relevant local agencies in the area to help in mediating disputes.
State enterprises and the business sector operating in Thailand and Thai entrepreneurs investing in foreign countries should have a measure to give remedy to the people and communities where human rights have been abused or negatively impacted resulting from business operations.