scholarly journals The Implementation of Business and Human Rights Principles to Palm Oil Companies in Aceh Province

2021 ◽  
Author(s):  
Khairani Arifin ◽  
Safrina Safrina
Keyword(s):  
Human Rights ◽  
Palm Oil ◽  
Oil Companies ◽  
Business And Human Rights ◽  
Aceh Province

scholarly journals Business and Human Rights in ASEAN: Lessons from the Palm Oil Sector in Malaysia

2019 ◽  
Vol 7 (1) ◽  
pp. 73
Author(s):  
Andika AB. Wahab
Keyword(s):  
Human Rights ◽  
Corporate Culture ◽  
Palm Oil ◽  
Action Plan ◽  
Scale Up ◽  
Member States ◽  
Oil Companies ◽  
Business And Human Rights ◽  
Asean Member ◽  
Guiding Principles

The release of the United Nations Guiding Principles on Business and Human Rights in 2011 aims to address gaps in human rights governance by setting a standard and corporate culture of respecting human rights. As part of the state responsibility to implement these guiding principles, some member states of the Association of Southeast Asian Nations (ASEAN) have already embarked preliminary steps towards establishing their respective National Action Plan on Business and Human rights (NAPBHR), while others are still lag behind. This article describes current development on business and human rights in the region. Drawing from the palm oil sector’s experience in Malaysia, this study aims to provide lessons for ASEAN member states to contemplate when developing their NAPBHR. In this article, I argue that while some large palm oil companies have shown modest progress in realizing their human rights obligation, challenges emerge in many forms including the lack of leadership, collaboration and ambition to steer and scale up industry transformation on human rights across supply chain. Equally important, challenges around certification scheme depict that it is not the only solution in persuading respect to human rights. Meaningful values transfer often overlooked in certification practice resulting in typical "ticking the audit box" exercise without understanding principles behind it. As such, the development of NAPBHR among the ASEAN member states should reflect on these reality and challenges.

scholarly journals Human Rights Anchored in Business: Practice and Challenges in the Palm Oil Sector in Malaysia

2019 ◽  
Vol 20 (1) ◽  
pp. 1-20
Author(s):  
Andika AB. Wahab
Keyword(s):  
Human Rights ◽  
Corporate Culture ◽  
Palm Oil ◽  
Business Practice ◽  
Oil Companies ◽  
Business And Human Rights ◽  
Oil Sector ◽  
Sustainability Standards ◽  
Direct Market ◽  
Market Pressure

The United Nations Guiding Principles on Business and Human Rights aims to address gaps in human rights governance by setting a standard and corporate culture of respecting human rights. In Malaysia, despite growing requirements for sustainable production, the palm oil sector has been implicated in various corporate human rights violations. This article discusses how do three public listed companies in the palm oil sector in Malaysia perform their obligation to respect human rights? This article argues that while large palm oil companies have shown modest progress in realizing their human rights obligation – the lack of regulatory framework, resources, direct market pressure and membership to sustainability standards continue to serve as critical challenges in compensating the gaps in human rights governance.

scholarly journals Ecocides as a Serious Human Rights Violation: A Study on the Case of River Pollution by the Palm Oil Industry in Indonesia

2021 ◽  
Vol 16 (8) ◽  
pp. 1465-1471
Author(s):  
Joko Setiyono ◽  
Aga Natalis
Keyword(s):  
Human Rights ◽  
Palm Oil ◽  
Human Life ◽  
River Pollution ◽  
Environmental Concerns ◽  
Environmental Laws ◽  
Oil Companies ◽  
Human Rights Violation

This study aims to analyse ecocides as a gross violation of human rights through a case study of river pollution conducted by palm oil companies in Indonesia. This article is methodologically distinctive from doctrinal legal research, primarily through a literature review. There are three main reasons for incorporating environmental concerns as an extraordinary crime of ecocide into serious human rights violations, especially those committed by several palm oil companies in Indonesia, namely: The quality of the Environment is the essence of human life that complements human dignity; environmental concerns and crimes in the tradition of extraordinary crimes are a response to the inability of national and even international environmental laws; and ensure restitution, rehabilitation and compensation to all victims of ecocide crime.

scholarly journals Assessing the Effectiveness of Non-State-Based Grievance Mechanisms in Providing Access to Remedy for Rightsholders: A Case Study of the Roundtable on Sustainable Palm Oil

2021 ◽  
pp. 1-26
Author(s):  
Mark WIELGA ◽  
James HARRISON
Keyword(s):  
Human Rights ◽  
United Nations ◽  
Empirical Research ◽  
Palm Oil ◽  
Business And Human Rights ◽  
Guiding Principles ◽  
The United Nations

Abstract This article explores different approaches to assessing the effectiveness of non-state-based non-judicial grievance mechanisms (NSBGMs) in achieving access to remedy for rightsholders. It queries the approach that has been widely adopted as a result of the United Nations Guiding Principles on Business and Human Rights (UNGPs), which focuses on the procedural aspects of grievance mechanisms. Rather, it stresses the importance of analysing the outcomes of cases for rightsholders. This article tests this hypothesis by undertaking comprehensive empirical research into the complaint mechanism of the Roundtable on Sustainable Palm Oil (RSPO). RSPO is found to perform well when judged according to the UNGPs’ effectiveness criteria. However, it performs poorly when individual cases are assessed to ascertain the outcomes that are achieved for rightsholders. The article therefore argues for the importance of equivalent scrutiny of outcomes in relation to other NSBGMs and provides an approach and accompanying methodology that can be utilized for that purpose.

scholarly journals Corporate Governance In Palm Oil Companies In Aceh Province

2020 ◽  
Vol 4 (3) ◽  
pp. 385-394
Author(s):  
Safrina Safrina ◽  
Khairani Khairani
Keyword(s):  
Corporate Governance ◽  
Palm Oil ◽  
Research Method ◽  
Code Of Conduct ◽  
Environmental Responsibility ◽  
Environmental Aspects ◽  
Oil Companies ◽  
Good Corporate Governance ◽  
Aceh Province ◽  
Corporate Social

Todays, companies are not only required to provide information on financial accountability but also about corporate performance related to social and environmental aspects in order to promote shareholder values and sustainable practices, which eventually lead to the concept of corporate governance. This study aims to discuss the implementation of corporate governance, in palm oil companies in Aceh Province. A qualitative research method is applied with an empirical juridical approach. Data were collected by interviewing respondents and analyzing corporate reports. The result found that the implementation of corporate governence by the companies through the availability of code of good corporate governance (GCG) and code of conduct. Although it does not necessarily guarantee the implementation applied properly, but it can show company commitment to run a good business. Some companies also implement corporate social and environmental responsibility in a different approach. However, some of the activities are actually not in accordance with existing regulations, but is only limited to activities that have no direct impact on community

Can Multinational Corporations be responsible for human rights violation of its outsourcee company? Response of national or international law?

2020 ◽  
Vol 20 (1) ◽  
pp. 153-179
Author(s):  
Alessandro Suppa ◽  
Pavel Bureš
Keyword(s):  
Human Rights ◽  
International Law ◽  
Multinational Corporations ◽  
Corporate Law ◽  
International Economy ◽  
Due Diligence ◽  
Business And Human Rights ◽  
Original Question ◽  
Definition Of ◽  
Human Rights Violation

SummaryNowadays, an important role in the world is played by Multinational Corporations (MNCs). They hire, produce, and influence the international economy, but also, they exploit, pollute. Their business activities might have a worldwide effect on human lives. The question of the responsibility of MNCs has drawn the attention of many scholars, mainly from the study field labelled “Business and Human Rights”. The present paper does not examine the topic under the same approach. The authors aim at presenting the issue in a broader perspective, exploring the concept of due diligence both in international and corporate law. In this paper, authors strategically use the uniformity of national legislations as a possible and alternative solution to the issue. They are aware of three fundamental factors: 1) the definition of MNCs needs to be as clear as possible, so to avoid any degree of uncertainty; 2) the outsourcing phenomenon interacts with that definition; 3) in case of no possibility to include outsourcing in the definition of MNC, the original question arises in a significant way.

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