Overview

Over the past decade, several Asia-Pacific countries have undertaken efforts to develop and implement National Action Plans (NAPs) on business and human rights (BHR), in line with the UN Guiding Principles on Business and Human Rights (UNGPs). At the same time, discussions on mandatory measures to address business-related human rights risks, including mandatory human rights due diligence (HRDD), have gained momentum across the region.

These developments provide an opportunity to take stock of where the region stands in advancing business and human rights. What have NAPs achieved? What lessons can be drawn from their development and implementation? What opportunities and challenges have emerged in relation to mandatory HRDD? And how can these different approaches work together to advance implementation of the UNGPs?

The Working Group on Business and Human Rights’ research project on “Evaluating National Action Plans on Business and Human Rights in Asia-Pacific” provides an opportunity to reflect on some of these questions. The research examines the development and implementation of NAPs in seven countries in the region, which include Indonesia, Japan, Mongolia, Nepal, Pakistan, Thailand and Viet Nam. It considers, among other things, the inclusivity and transparency of NAP processes, their implementation and monitoring, and their contribution to national priorities, legislative and policy frameworks, and the development of mandatory and voluntary BHR measures.

The session will look at NAPs and mandatory HRDD as two important developments in the region's BHR landscape. It will consider what these approaches have sought to achieve, the challenges they have faced in practice, and whether and how they can complement each other.

The UNGPs call for a smart mix of measures (national and international, mandatory and voluntary) to foster business respect for human rights. Against this background, the session will ask whether Asia-Pacific is moving closer to achieving such a smart mix and what this might look like in the diverse national contexts of the region. The discussion will also consider whether existing and emerging BHR measures are adequately addressing the experiences of affected communities and groups at heightened risk of business-related human rights abuses.

Key questions

• What have NAPs achieved in the Asia-Pacific region, and where have they fallen short?

• Have NAPs contributed to setting national BHR priorities and strengthening legislative, policy and institutional frameworks?

• What lessons can be drawn from the development and implementation of NAPs?

• What are the main developments in relation to mandatory HRDD and other mandatory BHR measures in the region?

• What opportunities and challenges have emerged from these measures?

• How can NAPs, mandatory measures and other policy and regulatory tools complement each other?

• What does a smart mix of measures look like in the diverse contexts of the Asia-Pacific region?

• How can BHR measures better address the experiences of affected communities and groups at heightened risk of business-related human rights abuses?

• What are the main challenges to implementing and monitoring NAP commitments and mandatory measures?

• What are the next steps for States and other stakeholders in advancing implementation of the UNGPs in the Asia-Pacific?

Who should attend?

Government representatives and policymakers from Asia-Pacific, business and business associations, civil society and Indigenous Peoples’ organizations, trade unions, and other stakeholders working on business and human rights, National Action Plans and human rights due diligence.

What participants will gain

• Share key findings and lessons from the Working Group's research on NAP development and implementation in the Asia-Pacific region.

• Take stock of developments in relation to NAPs, mandatory HRDD and other BHR measures across the region.

• Discuss the opportunities, limitations and implementation challenges associated with these different approaches.

• Explore how NAPs, mandatory measures and other policy and regulatory tools can complement each other.

• Consider what a smart mix of mandatory and voluntary measures could look like in the diverse contexts of the Asia-Pacific.

• Facilitate an exchange among States and other stakeholders on the future direction of BHR policy and regulation in the region.