17 September  |  13:15-13:45 ICT

Due Diligence in Southeast Asian Supply Chains: Perspectives on BHR As a Transboundary Issue

Organized by:

• Commission on Human Rights of the Phiippines

Background

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State and corporate accountability for human rights abuses has become challenging due to complex business operations transcending territories and jurisdiction. This is most apparent in the transnational nature of sourcing of raw materials, labor, and manufacturing in Southeast Asia and the transboundary effects of these corporate operations. Along with the challenges ushered in by the integration of the ASEAN supply chain, this provides an impetus to develop a regional mechanism on business and human rights (BHR) to address human rights abuses within the context of business and the human rights impacts of corporate operations across the supply chain.

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In the absence of a regional mechanism to address human rights issues across these supply chains, remedies at the domestic level must be accessible to rights holders, and accountability of States and businesses for human rights abuses must transcend national borders. National Human Rights Institutions (NHRIs), as independent institutions with mandates to ensure compliance with human rights standards, are in a unique position to assert and advocate for the protection of human rights at both the domestic and regional level and in the context of business operations with transboundary character. Addressing human rights abuses at the regional level would require NHRIs to figure out spaces where domestic remedies can be applicable, and collaborate with each other to make remedies accessible in light of complex jurisdictional issues.

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The session focuses on the observance and implementation of the UN Guiding Principles on BHR, particularly operationalizing human rights due diligence within transnational supply chains, focusing on the abuse of migrant workers working in supply chains as a transboundary human rights issue. 

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This session also builds on the identification of migration and BHR as transnational and transboundary issues of interest to NHRIs during CHRP’s activity, Development of the Inter-NHRI Mechanism on Transboundary Human Rights Issues: Scoping of Issues and Creation of the Technical Working Group held in June 2024 in the Philippines. The session also explores opportunities for a regional-level NHRI collaboration or mechanism to look at BHR issues in the supply chain, including identifying domestic and international remedies for affected persons.

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The session will take the form of a Case in Point/Field Notes Series (Case Studies), where experiences of NHRIs in Southeast Asia on labour migration will be discussed. The session will be held in a talk show format, where panelists will be interviewed following a set of guide questions. Audience shall be provided access to an online platform (eg. Mentimeter) where they can raise questions for the panelists, for the moderator’s consolidation.

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Key Objectives

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• To highlight the transboundary character of BHR, particularly on labour  migration, as experienced by different States in the Southeast Asian region.

• To discuss State, non-State, and regional efforts in addressing abuses against migrant workers working within supply chains, identify key due diligence challenges, and provide recommendations to address these challenges.

• To introduce the Inter-NHRI Inquiry Mechanism as a cooperative platform between NHRIs in addressing transboundary human rights issues, including monitoring of due diligence in supply chains.

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Guiding Questions

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Speakers will be given five minutes each to answer all of the following questions.

• Based on your investigation and/or monitoring, have corporations performed human rights due diligence across transboundary supply chains?

• What are the States’ efforts to address issues concerning human rights due diligence by businesses? Are remedies available at the domestic level? Are NHRIs involved in State and corporate compliance monitoring on due diligence?

• What do you think of the prospects of an Inter-NHRI Inquiry Mechanism as a platform for NHRIs to collaborate in discussing the exploitation of labour migrants as a human rights issue? What could be the challenges in the conduct of this mechanism?

The moderator will set the scene during the first two minutes of the session. Questions from the floor must be answered by the panelist in two minutes. A two-minute wrap-up shall be conducted by the moderator.

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Format

•  Case in Point/Field Notes Series, with hybrid arrangement

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Session Partners