Does the Slipper Fit? National Action Plans on Business and Human Rights in South East Asia

Author(s):  
Michael White
2017 ◽  
Vol 1 (2) ◽  
pp. 109
Author(s):  
Werner F Menski

Many challenges exist regarding the discourse over human rights in South East Asia due to the complex relationship between the region’s myriad cultures, laws, religions and political desires. This socio-political environment produces a number of varying, and often contradictory, interpretations of human rights, as well as differing opinions on how they should be implemented. On one hand, some countries in Southeast Asia have internalized international human rights instruments by amending their constitutions in order to provide a semblance of protection for their citizen’s human rights. On the other hand, some countries still operate under authoritarian regimes and continue to violate certain internationally recognized rights for the sake of preserving political stability and economic development. Proponents of such regimes often claim that this is done to maintain both societal and religious harmony. Therefore, the effort to address human rights issues in Southeast Asia must expand beyond the international legal sphere and take into account the intricate relationships and power struggles between the region’s various economic interests, social and cultural norms, and religions. Furthermore, the successful implementation of human rights law in Southeast Asia will require a number of obligations and checks be imposed on the state governments in the region. The specific means by which to promote human rights in South East Asia, and how to reconcile diverging options on the definition and scope of said rights, was the theme of the 2nd Annual Conference of the Centre for Human Rights, Multiculturalism and Migration (CHRM2) and Indonesian Consortium for Human Rights Lecturers (SEPAHAM Indonesia), held in August, 2017, at the University of Jember. This article is a summary of the major points and topics covered during the two day conference.


2015 ◽  
Vol 1 (1) ◽  
pp. 117-126 ◽  
Author(s):  
Claire METHVEN O’BRIEN ◽  
Amol MEHRA ◽  
Sara BLACKWELL ◽  
Cathrine Bloch POULSEN-HANSEN

2019 ◽  
Vol 4 (02) ◽  
pp. 213-237 ◽  
Author(s):  
Humberto CANTÚ RIVERA

AbstractAs of October 2018, 21 states have adopted National Action Plans on Business and Human Rights (NAPs), with several more in different phases of development. This is an important political step to raise awareness of the importance of intragovernmental policy coherence and of the need to move forward to prevent human rights abuses linked to business activity. However, despite the global intergovernmental support to such policy strategies, the actual effectiveness of NAPs needs to be called into question: do they represent progress, or are they a mirage to block possible avenues of development? Currently existing NAPs have done little (yet) to ensure more effective protection in key policy areas, including trade and investment, state-owned enterprises, and particularly in relation to legislative developments and access to remedy. This contribution seeks to analyse the merits of developing NAPs, the importance of ensuring they become only the very first step towards a more effective protection of human rights, and to question whether their importance needs to be adjusted to what they really are: policy tools with limited effects and with a politically linked time frame.


2004 ◽  
Vol 37 (4) ◽  
pp. 1050-1051
Author(s):  
Abdul Rahman Embong

Democracy, Human Rights, and Civil Society in South East Asia, Amitav Acharya, B.M. Frolic and Richard Stubbs, eds., Toronto: Joint Centre for Asia Pacific Studies, 2001, pp. 208This is an important volume on the hotly debated topic of democracy, human rights and civil society in South East Asia, a region that has witnessed a confrontation between the old order of authoritarian regimes and strong states on one hand, and the new democratic forces embedded in an emerging civil society, on the other. The focus of the book is on the evolution of debates about democracy and human rights during the decade following the end of the Cold War in 1989 to the 1997–98 Asian economic crisis, with the latter being regarded as the watershed that unleashed the democratic forces. The book consists of nine chapters, plus an introduction and a conclusion, contributed by nine political scientists. Except for Johan Saravanamuttu, who is from the region under study, the other contributors are Southeast Asianists teaching at various universities in Canada, the United States, and Australia.


2019 ◽  
Vol 8 (6) ◽  
Author(s):  
Adel I. Abdullin ◽  
Alexey A. Sinyavskiy

"Guiding Principles on Business and Human Rights” are the first universally recognized global international standard in the field of human rights and business. In accordance with them, transnational corporations and other enterprises are obliged to comply with the national laws of states and respect internationally recognized human rights while carrying out their business activities. On 16 June 2011, the Human Rights Council unanimously endorsed the Guidelines in its resolution 17/4, “Human Rights and Transnational Corporations and Other Enterprises,” setting a universal standard for protecting human rights from the adverse effects of transnational corporations and other enterprises. However, in accordance with the doctrine of international law, corporations do not have an international legal personality and their obligations to respect human rights are only voluntary in nature, and therefore, the main obligation to ensure the protection of human rights lies with states. One of the ways to implement international standards in the field of business and human rights in practice is the development by States of National Action Plans. This paper is devoted, firstly, to a summary of the main ideas of the “Guiding Principles on Business and Human Rights” as an international legal standard in the field of human rights. Secondly, to consider the role of National Action Plans in the implementation of the Guidelines in EU countries. Thirdly, a review of existing practices for the implementation of these principles by EU states using National Action Plans


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