16 September  |  12:45-13:45 ICT

BHR Regional Leadership in ASEAN: Anchoring migrant workers' rights protection 

Organized by:

• ASEAN-Australia Counter Trafficking

• ASEAN Intergovernmental Commission on Human Rights - Thailand

Background

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Migrant workers are among the most vulnerable populations to exploitation and abuse in Southeast Asia. They are over-represented among victims of trafficking for forced labour due to structural factors, particularly in industries that rely on low-skilled, low-paid labour. This is detailed in research, including the ASEAN-Australia Counter Trafficking series on the ‘Political economy of labour exploitation and trafficking in persons in Southeast Asia’. Given the scale of forced labour, the large majority of which occurs in the private sector, and the comparably few cases that are brought to justice, it is clear that a combination of compliance-based and criminal justice measures are needed to address the issue.

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The ASEAN Intergovernmental Commission on Human Rights (AICHR) is taking a leadership role in establishing the B&HR agenda at the regional level, while Thailand progresses in parallel developing the first national HRDD law in the region. It is crucial this continues and is anchored in spite of rolling back of governance and rights protection in other parts of the globe.

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H.E. Asst Prof Bhanubhatra Jittiang, Thaliland’s Representative to AICHR, will elaborate on AICHR and ASEAN’s work establishing norms for the protection of migrant workers in business operations and supply chains. The challenges in establishing a regionally agreed approach in the region will be noted, yet recognising how ASEAN Member States are finding common language, concepts and approaches despite significant disparity and diversity in political and economic systems. It will highlight the need for greater engagement between ASEAN and its member states with civil society and the private sector, as well as for improved grievance mechanisms for workers.

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The Global Compact Network Thailand (GCNT) will detail the developments in Thailand, a key destination of migrant workers in the region, and of forced labour and trafficking. GCNT will look at both the progressive action taken by the GCNT and its members, as well as the government’s work and consultations on draft Human Rights Due Diligence legislation. Ultimately the law will benefit workers from the region in Thailand, as well as serving as an example to other countries in the region looking to develop similar legislation.

Sedex will discuss the evolving international context for ethical business and how this impacts buyers from outside the region, affecting norms within. This will reflect on legislation, practices, and norms in destination markets, including Australia, Japan, Europe and the US. Sedex counts as members some of the largest multinationals in the region and beyond, as well as SME suppliers, which positions the organisation as a leader in shaping business behaviour. Sedex will also share insights on how the private sector manages risks and level the playing field across SEA.

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Migrant Forum Asia will brief on the broader situation of migrant workers’ exploitation in the region and how this can be better addressed. Giving an overview of the dynamics gathered from research on wage theft from migrant workers and beyond, the talk will outline recommendations for what can be done to address these issues through ASEAN and member states, in consultation with civil society and workers’ themselves.

ASEAN-Australia Counter Trafficking will take comments and questions from the floor, while highlighting key developments and the outlook for developments towards Thailand’s year as ASEAN Chair in 2028.

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Key Objectives

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• Increased understanding of the situation of migrant workers’ rights protection and challenges, through B&HR frameworks in ASEAN and ASEAN Member States

• Sharing of views on ASEAN and ASEAN Member State approaches towards B&HR and the situation of migrant rights’ protection

• Possible future collaboration and engagement with participants from business, civil society and government agencies

• Broader understanding of the potential for ASEAN and AICHR’s leadership in B&HR, with a focus on migrant workers’ rights protection

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Guiding Questions

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• How are AICHR and ASEAN pursuing B&HR in policies and practice, with regards to migrant workers?

• How can the private sector support the development of HRDD in ASEAN and what are the incentives?

• How is civil society engaging and supporting ASEAN in the development of responsible business practices towards vulnerable populations such as migrant workers?

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Format

• The session will feature a panel discussion, followed by open discussion and Q&A with participants.

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Session Partners