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Panel

From NAPs to Mandatory Due Diligence: Are We Closer to Achieving the Smart Mix of Measures in the Asia-Pacific?

ORGANIZED BY

United Nations Working Group on Business and Human Rights

14-Sep

16:30-17:30

Conference Room 1

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Across Asia-Pacific, national action plans and mandatory human rights due diligence are reshaping the business and human rights landscape. This session explores lessons learned, emerging challenges and how these approaches can complement each other to advance the UN Guiding Principles and deliver a smart mix of measures.

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.

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Tuenjai Deetes

Co-founder, Hill Area and Community Development Foundation (HADF)

Tuenjai Deetes is a co-founder of the Hill Area and Community Development Foundation (HADF) in northern Thailand, near the borders with Myanmar and Laos. She is a former elected Senator and former Commissioner of Thailand's National Human Rights Commission. For more than four decades, she has worked to advance the rights of Indigenous peoples, local communities, and environmental justice. Today, she is also directly affected by transboundary pollution, as unregulated rare earth and critical mineral mining in Myanmar has contaminated the Kok, Sai, and Mekong river systems on which her community depends.

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Li Tiantian

Deputy Secretary General, International Economic and Trade Cooperation Initiative on Green Mining and Minerals (IGM)

Deputy secretary general of International Economic and Trade Cooperation Initiative on Green Mining and Minerals (IGM), director of sustainable development department of the China Chamber of Commerce of Metals, Minerals & Chemicals Importers & Exporters (CCCMC), office director of Alliance of Chinese Business in Africa for Social Responsibilities (ACBASR). Li Tiantian long dedicates to global sustainable development and international industrial cooperation. She led the development of multiple sustainability standards for mineral supply chain in China, and the establishment and operation of the ACBASR. She is in charge of the implementation of bilateral cooperation projects between China and Germany and between China and the United Kingdom. She also has been leading the collaboration with international institutions including the UNIDO, UNCTAD and the OECD, providing expertise and practical guidance for policy-making and multi-lateral partnership. 

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Prabianto Mukti Wibowo

Vice-Chairperson, National Commission on Human Rights (KOMNAS HAM) of Indonesia

Dr. Prabianto Mukti Wibowo, MSc., currently serves as the Vice Chairperson of the National Commission on Human Rights (Komnas HAM) and as the Commissioner in charge of complaint handling. He also acts as the Coordinator for Business and Human Rights issues, with the primary mandate of encouraging business entities to respect human rights in their operations.

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Kiyoshi Matsuya

Member, Shizuoka City Council

Mr. Matsuya has long been involved in citizen-led initiatives and civic movements, serving as a coordinator for a wide range of community activities. He is currently the Representative Secretary of Niji to Midori (Rainbow and Green), the Policy Information Center for Local Government Assembly Members, and Co-Representative of the Citizens' Network of Shizuoka for Considering the Southern Alps and the Linear (Chuo Shinkansen) Issues. After beginning his political career in 1987, during which he served as a member of the Shizuoka City Council and the Shizuoka Prefectural Assembly, as well as a policy secretary to a member of the National Diet, he has served five terms as a member of the Shizuoka City Council since 2009.

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Aqeel Malik

Minister of State, Ministry of Law and Justice, Pakistan

Barrister Aqeel Malik is a distinguished legal professional and Minister of State for Law and Justice, known for his expertise in Constitutional Law, Human Rights, International Legal Frameworks, and White Collar Crimes. Trained in the UK and the US, he holds an LLM in International & Comparative Law from the George Washington University Law School and completed his Bar Professional Training at City Law School, London and is a member of the Honourable Society of Gray’s Inn, London, UK.


As a Barrister and founding Partner at ANZ Partners, he led high-profile litigation and advisory work across a range of legal disciplines. His practice particularly focused on matters involving the National Accountability Bureau (NAB), the Federal Investigation Agency (FIA), and International Dispute Resolution. His clients included multinational organizations, Foreign/Diplomatic Missions/Embassies, and development sector institutions.

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Pichamon Yeophantong

Member, UN Working Group on Business and Human Rights

Ms. Pichamon Yeophantong is Associate Professor and Head of Research at the Centre for Future Defence and National Security, Deakin University. She also leads the Responsible Business Lab and the Environmental Justice and Human Rights Project, which are funded by an Australian Research Council Fellowship. As a political scientist, Pichamon teaches and publishes field-based research on business and human rights, and the political economy of sustainable development in the Asia-Pacific. She has advised a range of civil society organisations, NGOs and government agencies on rights, security and investment issues, including Jubilee Australia Research Centre, Oxfam, and the Australian Water Partnership. Prior to joining Deakin, Pichamon held academic positions at the University of New South Wales (UNSW), Princeton University, and the University of Oxford. She holds a PhD and MA from the Australian National University and a BA from Thammasat University. In recognition of her work with local partners on initiatives to support the resilience of women leaders and environmental human rights defenders in Southeast Asia, Pichamon was awarded the 2018 Australia 'Future Leader' Prize by the Council for the Humanities, Arts and Social Sciences.

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Faris Natour

Co-Founder and Principal, Article One

Faris Natour is an internationally recognized expert with 25 years of experience working in business and human rights, sustainability, and responsible technology. As Principal of Article One, Faris advises the world’s leading companies on strategic approaches to embedding human rights and sustainability throughout the value chain.A lawyer by training, Faris focuses on human rights and environmental due diligence, human rights strategy, aligning with key regulatory standards such as CSDDD, CSRD, and UFLPA, supply chain sustainability, and responsible innovation. His clients have included corporate and institutional leaders such as Amazon, Cisco, Google, IKEA, Microsoft, NVIDIA, the OECD, Gap Inc., Rio Tinto, Starbucks, Target, Unilever, UNICEF, VF Corporation, and Visa. Faris has led strategy and due diligence projects in countries including Belgium, Brazil, Canada, China, Denmark, France, Guatemala, Japan, Kazakhstan, Mexico, Norway, Philippines, Saudi Arabia, UK and USA. Before co-founding Article One, Faris spent 10 years at Business for Social Responsibility (BSR) where he led BSR’s global human rights practice as Managing Director. In addition to advising companies on human rights strategy and management systems, Faris established and led the BSR Human Rights Working Group, a group of over 30 multinational companies collaborating on implementing the UN Guiding Principles on Business and Human Rights. Faris has also worked at Calvert Investments, where he was responsible for investment analysis of corporate human rights performance.

Speakers

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