The Global Compact Network Thailand (GCNT), in collaboration with the Rights and Liberties Protection Department, Ministry of Justice, the United Nations Development Program (UNDP), the International Organisation for Migration (IOM) and the Organisation for Economic Co-operation and Development (OECD), held the 6th National Dialogue on Business and Human Rights on the theme “Strengthening access to remedial mechanisms and complaints handling for migrant workers in Thailand”, which is one of the key elements of the United Nations Guiding Principles on Business and Human Rights (UNGPs). The Dialogue served as a forum for exchanging knowledge and enhancing access to effective remedial mechanisms and complaints handling of Thai companies.
In an opening speech, Ms. Pongsawat Kaiarunsut, Permanent Secretary, Ministry of Justice, said, “Understanding and awareness of the principles based on judicial and other mechanisms is the duty of all sectors in order to help migrant workers. The state has a duty to protect workers. The business sector has experience in assisting and handling complaints about migrant workers. The public help migrant workers access protection. And the international organisations are involved in promoting, supporting and advancing the rights protection of migrant workers. All sectors therefore play an important role in keeping pace with changes.”
Ms. Arisara Suthasut, Executive Vice President, Corporate Affairs and Company Secretary, said, “By 2023, Thai society will become a fully aged society. The working-age population will continue to decrease, leading to more reliance on migrant workers. Therefore, the management of migrant workers, particularly access to remedial mechanisms and complaints handling, is an important issue that all sectors should be aware of and prepare for.”
The event featured concepts, principles and standards of effective remedies and corporate responsibility as well as discussions of three areas: the role of the state in protecting migrant workers through judicial and other measures; the role of businesses in assisting and handling complaints, led by representatives from GCNT member organisations, namely, Thai Union Group and Charoen Pokphand Group, and lastly; discussion of the promotion of access to remedies among the public.
Ms. Vorarat Lertanantrakool, Human Resources Director, Thai Union Group Public Company Limited, said, “Together with partners, Thai Union has a clear and comprehensive policy throughout our supply chain from recruitment to training to follow up on this issue. Technology is used to collect data and receive complaints, both in a proactive way by directly listening to problems from workers, and in a reactive way by communicating through a hotline, speak-out and other channels. Each year, there is a statistical summary and public report as part of the organisation’s sustainability operations.
Mr. Poom Siraprapasiri, Assistant Vice President, Global Partnership Office for Sustainability & Communication, Charoen Pokphand Group Co., Ltd., said, “As the group employs more than 450,000 people worldwide in 21 countries around the world, we recognise the importance of managing human rights issues, especially concerning immigrant workers, and set specific policies in this regard. At the same time, we work on this with partners, stakeholders and international agencies such as the Labour Protection Network Foundation to drive change at local and international levels. The Group has also made a human rights report for the second year in a row based on the United Nations Guiding Principles Reporting Framework (UNGPRF).”
Today, nearly 170 Thai listed companies have demonstrated their commitment to human rights in accordance with the principles of UNGPs and National Action Plans on Business and Human Rights (NAP). This is part of ESG performance required by the Securities and Exchange Commission of Thailand to disclose information about access to remedial mechanisms and complaint handling in One-Report 56-1. However, there are still some Thai companies that do not pay attention to this matter as they should. According to the Office of the National Human Rights Commission of Thailand, complaints related to migrant workers are among the most commonly received, especially during the Covid-19 outbreak. Migrant labour is still a delicate issue due to immigration status and financial instability that lead to huge obstacles to accessing effective remedies. Other issues include the lack of a complaints mechanism, language barriers, fear of retaliation, a long and bureaucratic process, low transparency, and high costs for migrant workers.
Many businesses in Thailand still rely on employment of migrant workers. A challenge for Thai companies as part of the global supply chain is law enforcement pertaining to the environment and human rights, especially as required by the European Union. It is therefore important for companies to assume their responsibility to mitigate negative impacts through appropriate remedial provisions as well as promoting human and labour rights of migrant workers in accordance with the principles of UNGPs and NAP.
