Context of the Northeast Asian Subregion –National Development Policies
and BusinessThis module has the following objectives:
Enable the participants to• Discuss the national and local development policies of the government and theirsupport for corporate investments;• Determine whether company operations subject to these national and local development policies have adverse impacts on disadvantaged groups;• Discuss other development policies that protect and realize human rights and analyze how they relate to development policies that support company operations withadverse impacts; and• Discuss how these business-related “human rights impacts” in the subregion/country
are addressed in a general sense in Northeast Asia/country.
Time: 3 hours and 15 minutes
Materials:• Big size papers, colored pens, writing papers, adhesive tapes;• Equipment - computer, projector, screen;• Video/documents on the socio-economic situation of the different countries inNortheast Asia and also of the subregion as a whole.

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Context of the Northeast Asian Subregion- National Development Policies and Business
I. Procedurea. Opener - 30 minutes
Show a 10-minute video on the socio-economic situation of Northeast Asia (or a country
in the subregion).
Ask participants to think of the following items:• factors that support the significant role of companies in the economy;• areas of the economy where companies play significant role.
In case there is no appropriate video available, a reading material on the subject or a
powerpoint presentation can be used instead.
Ask some participants for comments on the items listed and note them on the board.
b. Activity – 1 hour
In order to deepen the understanding of the socio-economic situation of Northeast Asia
(or a country in the subregion), tell the participants to examine how national policies relate
to business.
Ask the participants to discuss in groups a specific case or related material and determine whether or not the adverse impacts involved are related to any national and/or local
development policies. Discussion on development policies in Annex A can be used in thegroup discussion.
Instruct the participants to identify specific issues related to the national policies-business link and organize them using a mind map.
The reports may cover the following topics:
1. Specific business fields that are affected by national economic and development
policies;
2. Economic policies that promote industrialization or economic growth with little orvague reference to the protection of the workers and the community adjacent to thecompany premises;
3. Government programs that support private investment without social protection
clauses;
4. Fiscal incentives such as tax exemption/reduction for companies as well as measuresthat do not protect workers’ continued employment.
Write on the board the highlights of the group reports.
c. Input - 1 hour
Provide an input on:• development policies and corporate investments;• development policies and disadvantaged groups.
The input may include past and current social and economic development policies (seeAnnexes B and C for examples) and stress the following:

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Development policies
and corporate investments
•
•
•
•
•
•
•
•

Strong role of governments in thedevelopment of countries“Investment protectionism”
National competitivenessGlobal/multilateral trade commitments
Tax benefits and other incentives to investors
Infrastructure development (roads, dams,etc.) program
Natural resources exploitation
Environmental protection

Development policies
and disadvantaged groups
•

•
•

•
•
•

Identification of specific disadvantaged
groups (such as indigenous peoples, farmers,
persons with disabilities, workers) indevelopment policies
Social safety net
Principles to protect disadvantaged groups(such as the principle of free, prior andinformed consent; active participation in thedevelopment process)Environmental and social protection
measures
Inclusive development
Promotion of corporate social responsibility

Provide additional input on bilateral and multilateral trade agreements that influencenational development policies and have potential impact on disadvantaged groups.
Have an open forum on development policies in relation to company operations, andthe protection of the disadvantaged groups.
In plenary, brainstorm on human rights that should guide development policies. The
following human rights are likely to be relevant:• Right to work;• Right to adequate food;• Right to adequate housing;• Right to health;• Right to education;• Right to personal security and privacy;• Right of equal access to justice;• Political rights and freedoms.
Introduce some of the key principles stated in the United Nations Declaration on Right toDevelopment, such as the following:
1. Right to development as an inalienable human right;
2. Human person as the central subject of development and active participant andbeneficiary of the right to development;
3. Right and duty of States to formulate appropriate national development policies
that aim at the constant improvement of the well-being of the entire populationand of all individuals;
4. Duty of States to co-operate with each other in ensuring development and eliminating obstacles to development;
5. Duty of states to take all necessary national measures to ensure, inter alia,• equality of opportunity for all in their access to basic resources,• education,• health services,• food,• housing,

A Facilitator’s Training Manual39• employment,• fair distribution of income,• active role of women in the development process, and• eradication of all social injustices;
6. Popular participation in all spheres of development and in the full realization of all
human rights;
7. Full exercise and progressive enhancement of the right to development.
See Annex D for some relevant provisions of the UN Declaration.
d. Activity
Group Work – 30 minutes
Using the group mindmaps, ask the participants to discuss what measures are being
done on the human rights issues. Ask the participants to discuss ways by which the identified measures have included or excluded the affected people (workers, members of affected
communities, etc.) in resolving issues, and explain their involvement if any.
Tell the participants to add to the mindmaps the results of their group discussion, andreport them to the plenary. Write on the board the different measures identified by theparticipants.
II. Summary
Time: 15 minutes
Summarize the main points in the discussion particularly stressing the following:
1. Elements of the economy that support significant role of companies;
2. Development policies that support companies and adversely affect disadvantaged
groups at the same time;
3. Policy measures that protect the rights of disadvantaged groups from adverse impact
of development projects done by companies;
4. Human rights principles that should govern development policies;
5. Concrete forms of business-related “human rights impacts;”
6. Categories of people affected by the issues;
7. Concrete measures being done on the issues, and role of the affected people in thesemeasures.

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Annex A
Sample National Development Policies
China
In 2006 and 2008, the Bank of China and the Industrial Management Company
launched their first “socially responsible investing” (SRI) Funds to international anddomestic investors respectively. Since 2008, the securities information companies
and the Stock Exchange have also issued several indexes concerning environmental
protection and social responsibility. Moreover, the Chinese government has recently
begun to use financial channels to improve corporate environmental performance.
The Environmental Protection Agency of China (SEPA), the Bank of China, andthe China Banking Regulatory Commission (CBRC) promulgated a joint document,“Opinion on Enforcement of Environmental Law and Prevention of Credit Risk,” encouraging Chinese banks to include corporate environmental performance into credit
assessment. With the release of the Opinion, the SEPA immediately initiated the green
loan program by blacklisting thirty enterprises on account of their serious environmental violations and reporting the information to the credit management system of the
Bank of China. In addition to the green credit scheme, the SEPA coordinated with the
China Securities and Regulatory Commission (CSRC) to issue a series of measuresgenerally called “green securities.” Under the green securities scheme, companies
in the thirteen high-pollution and high-energy-consumption industries are subject toenvironmental performance reviews when applying for initial public offering (IPO) or
refinancing. Some large companies, including the China Coal Energy Corporation, thesecond-largest coal producer by output in China, failed their first IPO applications due
to failure to strictly implement environmental impact evaluation and other measuresrelating to environmental protection required by law.
(Based on Huang Zhong and Cheng Qian, Merging Business and Human Rights in China: Still A Long Way to Go, page 31)

Mongolia
The revised Minerals Law of Mongolia has provisions that are relevant to humanrights issues faced by communities where mining operations are held. The law prohibits mining activities in areas that have water resources (rivers, water basins, water
sources for water supply and sewerage, and areas with mineral water), and also inareas designated as “city and village tenure land, and within 5 kilometers from its
borders” (Article 5). The law authorizes the “Local Self-Governing Authorities andLocal Governments” to prohibit mining operations in specific areas such as thosenecessary for maintaining historical and cultural heritage, and for ecological balance(Article 20.1.1). These local governing authorities and local governments may also
propose to the national government to exclude from mining operations, areas needed
for the “special use” of a local area (Article 20.1.2).
Additionally, the local governing authorities and local governments have the power
to terminate the use of land by mining companies if they violate the area coverageof their mining license. They also have the authority to monitor the implementationof the mining companies’ obligations to protect and conduct the rehabilitation of
the environment, and protect the public health after cessation of mining operations

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(Article 20, also Article 120.3). In relation to the rehabilitation of areas used in mining
operations, the mining companies have to submit a tentative environmental rehabilitation work plan. After the approval of the plan, the companies have to guarantee its
completion by depositing in a special bank account established by the government
an amount equal to 100 percent of the “amount of expenditure for rehabilitation activity of each year.” The deposited amount shall not be used for purposes other thanfor rehabilitation work (Article 119). With respect to mining license, the government
shall inform the public, through its own website and the media within five days fromdate of decision, of tender opening, receipt of applications for mining license, grantor revocation of license, extension of license period, as well as change in the sizeof area granted. Article 77 obliges the extraction and processing license holder toconsult local citizens, whose interests maybe affected by its activities. During suchconsultation, said license holder shall ensure that local citizens are able to express
their views and opinions.
(Based on Center for Human Rights and Development, Human Rights in the Mining Industry of Mongolia, pages 98-99)

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Annex B
Statement Regarding Cabinet Approvalof the Proposed Amendments to the Worker Dispatch Law
Rikio Kozu, General Secretary
Japanese Trade Union Confederation (JTUC-RENGO)
13 March 2015
1. On March 13, 2015, the Cabinet approved proposed amendments to theWorker Dispatch Law and submitted them to the National Diet. The proposal
in effect removes the upper limit on the duration of temporary staffing. The
proposal will increase the ranks of long-term dispatched workers who receive
low wages throughout their working lives, and will also substantially curtail
workers’ protection. It is deplorable that the government has submitted thisnew legislation, which is almost the same in content as last ones scrapped
twice last year.
2. The new government proposal is not in accordance with global norms that
stipulate that dispatched workers are to be hired for a limited period of time
and that they should enjoy the same treatment as regular workers. The proposal seeks to introduce permanent indirect-employment practices while notaddressing the inappropriate treatment of dispatched workers. It does not offer
any fundamental solutions to the problems facing dispatched workers, whose
wages do not rise, who get no semi-annual bonuses, and who feel that they
are unable to marry and start a family due to a lack of job security.
3. The latest proposal, which is based on an agreement between the policy research chiefs of the two ruling political parties, now takes into considerationthat the employment of dispatched workers should be temporary, and it clearlystipulates measures to stabilize the employment of dispatched workers. It also
now includes a clause to ensure that research is conducted on the equal treatment of dispatched and regular workers. However, this latest proposal will still
not be effective in protecting dispatched workers.
4. The way the proposal was submitted to the Diet is also problematic. The
proposal was created based on an agreement between the two ruling political parties, which was then approved by the Cabinet and submitted to theDiet. However, in accordance with the tripartism of the International Labor
Organization, labor-related legislation proposed by the government should
be debated by the Labor Policy Council of the Ministry of Health, Labour andWelfare. Therefore, it is extremely problematic that the legislation was approvedby the Cabinet without being debated by the council.
5. RENGO will mobilize all of its resources and lobby inside and outside of theDiet to thwart the enactment of this government proposal that would curtail
workers’ protection on the grounds that the numbers of low-income workers
and workers without job security should not be increased.
(Source: Japan Trade Union Confederation, www.jtuc-rengo.org/updates/index.cgi?mode=view&no=360&dir=2015/03.)

A Facilitator’s Training Manual43Annex C
Private Employment Agencies Convention, 1997 (No. 181) (ratification: 1999) Follow-up
to the recommendations of the tripartite committee (representation made under article
24 of the ILO Constitution)
The Committee recalls that, at its 313th Session (March 2012), the Governing Body
adopted the report of the tripartite committee established to examine a representation
alleging non-observance by Japan of the Convention (document GB.313/INS/12/3). In
paragraph 43 of the report, the tripartite committee expressed its firm hope that the
new bill to revise the Worker Dispatch Law would soon be enacted into law in order toensure “adequate protection” for all workers employed by private employment agencies in accordance with Articles 1, 5 and 11 of the Convention. The Committee notes
the Government’s report which includes information in reply to its previous comments
and observations made by the Japan Business Federation (NIPPON KEIDANREN) andthe Japanese Trade Union Confederation (JTUC– RENGO). It also notes the observations made by the National Confederation of Trade Unions (ZENROREN), received in
September 2014. The Committee recalls that the Worker Dispatch Law was revisedin 2012. The Government indicates in its report that the need to review the Worker
Dispatch Law approximately one year after it is enforced that is, in October 2013,
was pointed out during the deliberations in the Diet. In this regard, discussions were
held at the Labour Policy Council between the Government and the social partners.
A report was produced in January 2014 concluding that the employment instability issue of “registration-type dispatch” (workers are only “registered” with, but not
employed by, the agency prior to their work assignment) and worker dispatching to
manufacturing businesses should be responded to not by the means of prohibition,
but by ensuring that dispatch business operators take measures for securing employment stability of fixed-term contract dispatched workers. Based on that reportof the Labour Policy Council, a bill to amend the Worker Dispatch Law was submitted to the Diet. In its observations, the NIPPON KEIDANREN indicates that it is infavour of the bill, adding that its provisions will institute a permit system for all staffing agencies, create a good business environment for staffing agencies, and ensure
equality of treatment and promote career development for dispatched workers. The
NIPPON KEIDANREN is of the view that these measures are expected to solve theissues relating to “registration-type dispatch” and worker dispatching to manufacturingbusinesses. The JTUC–RENGO indicates that it has been making strong demands
to adhere to the principle that forms of dispatch working are only temporary and tostrengthen adequate protection for the employees of temporary work agencies byapplying the principle of equal treatment. It adds that their views were not reflectedin the bill. The JTUC–RENGO is of the view that there is a danger that a legal system
normalizing indirect employment would be put in place in Japan. Moreover, there isa growing concern that forms of low-pay dispatch work will be further expanded. It
adds that the term limit for dispatching workers and the equal treatment principle
are two global standards that are clearly recognized in the Directive on Temporary
Agency Work of the European Parliament and of the Council, as well as within thelegal frameworks in China and in the Republic of Korea. The Government submitted
the bill to the Diet in March 2014 but it was eventually withdrawn due to lack of time
for deliberation when the session ended in June 2014. The JTUC–RENGO indicates

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that the bill will be resubmitted at the next session of the Diet in 2014. ZENROREN isof the view that the current state of the bill, if adopted, would likely increase the useof dispatched labour and seriously threaten the principle of direct employment. The
Committee expresses its firm hope, in the same way as the tripartite committee, thatthe revised legislation will ensure “adequate protection” for all workers employed byprivate employment agencies in accordance with the Convention. The Committee
invites the Government to provide a copy of the revised Worker Dispatch Law to the
ILO once it has been adopted.
Article 5(1). Equality of opportunity and treatment. In paragraph 38 of the tripartite
committee’s report, the Government was requested to clarify whether the provisionsof Article 5(1) of the Convention apply to both the dispatch business operators andthe dispatch receiving companies. The Government indicates that section 44 of theWorkers Dispatch Law provides that dispatch business operators and clients are subject to the guidance and inspection of the Labour Standards Inspection Offices withrespect to section 3 of the Labour Standards Law, which prohibits different forms of
discrimination. Moreover, the Government adds that the dispatching business operators are subject to the guidance and supervision of Prefectural Labour Bureaus withrespect to the Employment Security Law. The Committee invites the Government tocontinue to provide information on the application of Article 5(1) of the Convention
in practice. For example, please indicate whether the authorities responsible for theapplication of the abovementioned legislation or tribunals have rendered decisions
involving this matter which relates to the application of the Convention.
Article 11. Measures to ensure adequate protection for workers employed byprivate employment agencies. The Government indicates that the revised Labour
Contract Act, in force since April 2013, introduced provisions to convert fixed-termlabour contract into open-ended contracts, to prohibit the termination of the labour
contract by the employer in certain circumstances, to prohibit the imposition of working conditions on fixed-term contract workers that are unreasonably different fromthose of open-ended contract workers. Furthermore, the revised Worker Dispatch
Law includes measures to promote the conversion of certain fixed-term contracts
into contracts of an indefinite duration and to promote education and training of dispatched workers. The Committee notes that some provisions of the revised Worker
Dispatch Law will be effective as of October 2015. In its observations, ZENROREN
indicates that, while in recent years the number of work-related accidents causing fouror more days of absence is on the decrease for the overall workforce, the number ofoccupational accidents is increasing in the case of temporary workers. It adds thatmany user enterprises neglect health and safety considerations for dispatched workers for whom they are not directly responsible. Moreover, ZENROREN indicates thatJapanese legislation does not stipulate the obligation of a user enterprise to accept
collective bargaining by temporary workers. The Committee invites the Government
to provide its comments in this respect. It also invites the Government to specify themanner in which the provisions guaranteeing adequate protection for the workers
employed by a private employment agency in the fields of collective bargaining (Article
11(b)) and occupational safety and health (Article 11(g)) are supervised by the competent national authorities in order to ensure their effective implementation (Article 14(2)).
Articles 10 and 14. Investigation of complaints and adequate remedies. The
Committee notes that 13 complaints were filed with the Ministry of Health, Labour

A Facilitator’s Training Manual45and Welfare in 2012 in respect of job placement services on matters including theclear indication of working conditions. In that same year, 87 complaints were filed
regarding dispatch businesses for matters which included disguised employment
contracts. The Committee further notes that 8,764 instances of written guidancewere made in 2012. Also, the number of persons received by public prosecutors
offices for Worker Dispatch Law violations amounted to 74 in 2012. The Committee
invites the Government to continue to provide information on the number and natureof the complaints received in respect of the activities of private employment agencies. Please also continue to provide information on the remedies available in theevent of violations of provisions of the Convention, an evaluation of the adequacy ofsuch remedies, and statistics, disaggregated by sex and sector of the economy, withrespect to the source of complaints.
(Source: Application of International Labour Standards 2015 (I) , Report of the Committee of Experts on the Application of Conventions
and Recommendations, International Labour Office (Geneva, 2015), pages 381-382.)

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Annex D
United Nations Declaration on the Right to Development(Few selected articles)
Article 1
1. The right to development is an inalienable human right by virtue of which every
human person and all peoples are entitled to participate in, contribute to, and enjoy
economic, social, cultural and political development, in which all human rights andfundamental freedoms can be fully realized.
2. The human right to development also implies the full realization of the right ofpeoples to self-determination, which includes, subject to the relevant provisions ofboth International Covenants on Human Rights, the exercise of their inalienable rightto full sovereignty over all their natural wealth and resources.
Article 2
1. The human person is the central subject of development and should be theactive participant and beneficiary of the right to development.
2. All human beings have a responsibility for development, individually and collectively, taking into account the need for full respect for their human rights and fundamental freedoms as well as their duties to the community, which alone can ensure thefree and complete fulfilment of the human being, and they should therefore promote
and protect an appropriate political, social and economic order for development.
3. States have the right and the duty to formulate appropriate national development policies that aim at the constant improvement of the well-being of the entire
population and of all individuals, on the basis of their active, free and meaningful participation in development and in the fair distribution of the benefits resulting therefrom.
Article 3
3. States have the duty to co-operate with each other in ensuring development
and eliminating obstacles to development. States should realize their rights and fulfil
their duties in such a manner as to promote a new international economic order basedon sovereign equality, interdependence, mutual interest and co-operation among all
States, as well as to encourage the observance and realization of human rights.
Article 8
1. States should undertake, at the national level, all necessary measures for therealization of the right to development and shall ensure, inter alia, equality of opportunity for all in their access to basic resources, education, health services, food,housing, employment and the fair distribution of income. Effective measures should
be undertaken to ensure that women have an active role in the development process. Appropriate economic and social reforms should be carried out with a view toeradicating all social injustices.

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2. States should encourage popular participation in all spheres as an importantfactor in development and in the full realization of all human rights.
Article 10
Steps should be taken to ensure the full exercise and progressive enhancementof the right to development, including the formulation, adoption and implementationof policy, legislative and other measures at the national and international levels.

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Materials
Info sheets or video on:• Economic profile of Northeast Asia/country• Role of companies in the economy of the subregion/country.
International Labour Organization, Labour and Social Policy Components in Current
Trade Agreements in Asia-Pacific, ACT/EMP Research Note, , March 2015. Available at www.
ilo.org/public/english/dialogue/actemp/downloads/publications/research_note_2015march.
pdf.
Reports on government policies regarding company investments in local areas.
Alternatively, case studies can be in video or other audio-visual material formats.
• A RENGO Perspective on the Japan Revitalization Strategy: For Whose Sake Is“Japan’s Revitalization”?, JTUC-RENGO, 17 July 2014, www.jtuc-rengo.org/updates/
pdf/20140717kenkai_en.pdf.
Short papers or media reports on development policies in general and for specific sector
or group (such as workers, indigenous peoples, subsistence farmers, subsistence fisherfolk,
local communities, etc.) such as the following:• Mioko Bo and Katsuro Oda, “Japan plans measures against deathfrom overwork,” 27 July 2015, http://business.asiaone.com/news/
japan-plans-measures-against-death-overwork;• “Cabinet OK’s outline of steps against death from overwork,” The Japan News, 24
July 2015;• Center for Human Rights and Development, “Human Rights in the Mining Industryof Mongolia,” in Jefferson R. Plantilla, editor, Bridging Human Rights Principles andBusiness Realities in Northeast Asia (Kuala Lumpur/Osaka: HURIGHTS OSAKA
and SIRD, 2014), pages 100-118;• Application of International Labour Standards 2015 (I), Report of the Committeeof Experts on the Application of Conventions and Recommendations, International
Labour Office (Geneva, 2015), pages 381-382.
What is a mind map? See www.mindmapping.com/mind-map.php.

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