Escolar Documentos
Profissional Documentos
Cultura Documentos
Confrontational & Enforceable Corporate behavior influenced by pressure exerted by social and governmental actors
Brunei Darussalam Cambodia Indonesia Laos Malaysia Myanmar Philippines Singapore Thailand Vietnam
ICCPED
CEDAW
Some industries are not suitable to be located in Thailand. That is why they decided to set up there in Dawei.
- Former Thai Prime Minister Abhisit Vejjajiva on Dawei Deep Seaport project
Resource Curse: Paradox that countries and regions with an abundance of natural resources, tend to have less economic growth and worse development outcomes than countries with fewer natural resources
Mining
Rubber and Palm Where Machines Made to Extract Everything Come From
Extracting in ASEAN
2013
July 2012: Announcement of plans to later adopt EITI
March 2012: Passed Labor Organization Law. Signed agreement with ILO on Eradication of Forced Labor
2012
March 2012: Enacted Farmland Law and Vacant, Fallow and Virgin Lands Management Law.
International Developments
June 2013: ILO lifted all remaining restrictions on Myanmar May 2013: U.S. released Burma Responsible Investment Reporting Requirements and issued Joint Statement on Good Governance and Transparency in the Energy Sector April 2012: EU suspends most sanctions, keeping arms embargo April 2013: EU permanently lifts trade, economic and individual sanctions on Myanmar in response to political reforms
2013
November 2012: U.S. allows import of any product of Myanmar except jadeite + rubies
2012
July 2012: U.S. eases sanctions allowing U.S. companies to invest and provide financial services.
1. Who are these laws actually protecting? 2. Recent and ongoing Business and Human Rights Cases: Shwe gas pipeline Dawei Special Economic Zone Myitsone Dam Monywa Copper Mine 3. May 2013 Revenue Watch Initiative Report
In 2003, the WHO enacted a global tobacco treaty known as the FCTC
International Voluntary International International Organizational Mechanisms Organizational Global Compact Mechanisms Mechanisms OECD Guidelines
United Nations International Labour Organisation Special Rapporteur
TOOLS
ILO International UN Standards and Norms Special Rapporteur
ISO 26000 Forest Stewardship Council Extractives Industry Transparency Initiative (EITI) Hydropower Sustainability Assessment Protocol (HSAP) International Organizational Civil Society Mechanisms:
Watchdog ILO, UN and SR Reporting Mechanisms Corporate Hall of Shame Public Protests, News Articles, Gatherings and Peaceful Sit-ins
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Ratify Existing International Law and Treaties Acknowledge the states existing duty to protect and promote human rights and adopt a human-rights based approach within State jurisdiction Ensure a reporting and remedy system to seek justice for violations Ensure clear communication and advocacy of human rights law Ensure that BIT, FTA and other forms of investment policy are drafted to reinforce - not undermine national laws and policies on Human Rights protection Move away from CSR towards CA by:
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Establishing an extractive industries accountability mechanism Mandate FPIC on extractive or environmentally disruptive projects
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Before entering Myanmar businesses should have in place well-articulated safeguards Respect human rights at all times, including when the State fails to uphold its human rights obligations, and act to reinforce good governance rather than undermine it Commit to Corporate Accountability through a publicly available policy Ensure access to independent grievance and redress mechanisms Respond to inquiries of CA and abuse Train and motivate staff on Human Rights Commit to consultative processes, participatory development planning and stakeholder engagement (Move beyond FPIC)
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Understand the country and investment context Engage credibility and transparency Manage risks and impacts responsibly Support national development In instances where abuse is reported, properly investigate, offering redress mechanisms and work to improve
Conclusion
Growing momentum to promote investment in Myanmar must be matched by commitments from states to fulfill their international legal obligations and from corporations to meet their responsibility to respect human rights.
John Ruggie and Mary Robinson