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Business and Human Rights in ASEAN A Baseline Study For further information about HRRC: Human Rights Resource Centre Business and Human Rights Univercity of Indonesia - Depok Campus Guest House Complex (next to Gedung Vokasi) Depok, Indonesia 16424 Phone/Fax: (62 21) 786 6720 in ASEAN Email: [email protected] Web: www.hrrca.org A Baseline Study ISBN: 978-602-17986-1-4 Competence Centre for Human Rights Table of Content Introduction ................................................................................................................................................ 1 Synthesis report ........................................................................................................................................ 9 BRUNEI ....................................................................................................................................................... 61 CAMBODIA ................................................................................................................................................ 71 INDONESIA ............................................................................................................................................... 95 Lao PDR ....................................................................................................................................................... 145 MALAYSIA ............................................................................................................................................... 193 MYANMAR .............................................................................................................................................. 245 PHILIPPINES ............................................................................................................................................. 293 SINGAPORE ............................................................................................................................................. 339 THAILAND ............................................................................................................................................ 381 VIETNAM ............................................................................................................................................ 421 Business and Human Rights in ASEAN : A Baseline Study Published by Human Rights Resource Centre Human Rights Resource Centre University of Indonesia – Depok Campus Guest House Complex (next to Vokasi Building) Depok, Indonesia 16424 Phone / Fax: 62 21 786 6720 Email: [email protected] Web: www.hrrca.org ISBN: 978-602-17986-1-4 This publication may be freely used, quoted, reproduced, translated or distributed in part or in full by any non-profit organisation provided copyright is acknowledged and no fees or charges are made. ii Business and Human Rights in ASEAN A Baseline Study Research Team Myanmar: Hnin Wut Yee (Myanmar Coordinator, Institute for Human Editors Rights and Business) Prof. Dr. Christine Kaufmann Philippines: Ian Esteban Ramos (Research Advisor, University of Zurich) (Attorney at Law) Prof. David Cohen Singapore: Rachel Chhoa-Howard (HRRC Advisor, University of California, Berkeley) (Researcher, Governance and Human Rights, Prof. Kevin Tan Singapore Institute of International Affairs) (HRRC Governing member, National University of Thailand: Pawat Satayanurug Singapore) (Faculty of Law, Chulalongkorn University, LL.M Delphia Lim candidate at Harvard Law School) (Team Leader of the research, Associate Fellow in Vietnam: Hao Duy Phan Asian Peace-Building & Rule Of Law Program at Singapore Management University, LL.M candidate (Research Fellow, Centre for International Law, at Harvard Law School) National University of Singapore) Senior Research Assistant Research Assistants: Geetanjali Mukherjee Astari Anjani (Research Fellow, Asian Peace-building and Rule (Faculty of Law, University of Indonesia) of Law Programme, School of Law, Singapore Management University) Chong Hui Ying (Faculty of Law, Singapore Management University) Country Researchers Cambodia: Prof. Phallack Kong, Esq Eng Sokunthea (Dean, Faculty of Law, Pannasastra University of (Faculty of Law, Pannasastra University of Cambodia) Cambodia) Indonesia: Patricia Rinwigati Waagstein Irene Mira (Human Rights Centre – Faculty of Law, University (Faculty of Law, University of Indonesia) of Indonesia) HRRC: Lao PDR: Geetanjali Mukherjee (Research Fellow, Asian Peace-building and Rule Marzuki Darusman of Law Programme, School of Law, Singapore Prof. Dr. Harkristuti Harkrisnowo, SH, MA, Ph.D Management University) Rully Sandra Ati Suryadi Malaysia: Long Seh Lih Ismail (Malaysian Centre for Constitutionalism and Human Rights) Business and Human Rights in ASEAN iii A Baseline Study Gratitude and Acknowledgment: Mohan for his constant advice and support during the past two years. Additionally, I want to acknowledge HRRC the assistance of the HRRC team, especially Ms. Rully Rahima Abdurrahim, Siti Annisah, Marc Cebreros, Sandra and Ms. Juniati Suryadi. Finally, I am grateful Alexander C. Chandra, Simon Field, Bagas Hapsoro, for the unstinting encouragement and support of my Constantine Karame, Bobbie Maria, James Nayagam, parents, Ratna and Ashish Mukherjee. Justine Nolan, Indri Saptaningrum, Arry Ardanta Sigit, Georg Stein, Supriyadi, Dondy Setya, Ny Malaysia: Sorphonneary, Rolf Weber Edmund Bon and Fatima Ismail Cambodia: Myanmar: Sokunthea Eng My gratitude to HRRC, the Advisors (Prof Christine, Prof David, Dr. Kevin) and all the HRRC Governing Indonesia: Board members, the experts who suggested my Completing this research would not have been paper, Anna Triponel (SHIFT), the IHRB, my fellow possible without help in one way or another by many rapporteurs, the research assistants, my family and people and institutions. My deepest gratitude goes to relatives, and my friends. all members of Human Rights Resource Centre for ASEAN (HRRCA) who provided me an opportunity Philippines: to be involved in this project. Particular appreciation Charina Candelaria for her support and thank you to is given to Bapak Marzuki Darusman, Rully Sandra Geetu and Irene. and Juniati A. Suryadi who have organised and facilitated this project. Another appreciation goes to Singapore: Delphia Lim, Prof. Christine Kaufmann, Prof. David Prof Simon Tay, Jolyn Ang, Natalie Koh, Singapore Cohen and Prof. Harkristuti Harkrisnowo who had Institute of International Affairs given guidance and commentaries to my research Thailand: since the beginning of this research. The help of Astari The Thailand country report would not have been and Geetu has also been indispensable. The last but possible without the support of so many people. The not least, I would like to thank the kind and friendly author wishes to express his gratitude to all members colleagues from ASEAN who have made our meetings of the HRRC research team, especially to Ms Delphia a fruitful and cheerful experience. It was fun to meet Lim who is the team leader and also the author’s all of you! Finally, in no way do I pretend this research wonderful classmate at Harvard, the HRRC advisory will answer every question nor provide solutions to board members, and the HRRC administrative team all problems of business and human rights; it is only a for their continuous support, assistance, and insightful small contribution to set a baseline for future studies. comments and edits. Special thanks also to his senior It is just the start of the beginning colleague and lovely brother Dr. Suphasit Taweejamsup Lao PDR: for sharing invaluable materials and comments, as well as to his former teaching assistance Mr. Tirayu I would like to thank Ms. Astari Anjani, Ms. Irene Songdacha for assisting with finding preliminary Mira, Ms. Eng Sokunthea, Ms. Chong Hui Ying materials. The author would like to convey deepest and Ms. Xiaocheng Zang for their hard work and gratitudes to the author’s all-time inspiration and extensive research support. I am also grateful to the mentor Professor Vitit Muntarbhorn and Professor Lead Researcher Ms. Delphia Lim for her research Dr. Dean Sakda Thanitcul for providing continuous direction and support throughout the writing of this support and countless number of opportunities. report; as well as to the Advisors Prof. David Cohen, Finally, the author also would like to express his love Prof. Christine Kauffman and Prof. Kevin Tan for and gratitude to his father, mother, sisters, and family their invaluable comments, suggestions and editing for their understanding, mental support, and endless assistance. I would also like to thank Prof. Mahdev love throughout the course of the project. iv Business and Human Rights in ASEAN A Baseline Study Foreword It is with utmost pleasure I present you the 3rd report of HRRC which focuses on Business and Human Rights in ASEAN. This is the first study of its kind and it is our way of contributing to greater understanding on the UN Guiding Principles on Business and Human Rights which was adopted by the UN Human Rights Council in June 2011. The Study aims to capture the legal landscape in ASEAN particularly pertaining to the first pillar in the Guiding Principles on the State duty to protect. The Study, however, only managed to focus on nine out of ten ASEAN member States due to human resources constraint. Yet, I believe that this report will still provide you with valuable information and analysis about the region. The study would not have been possible without the guidance and support from our three advisors and editors,
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