Appendix 3 :Comments from NGOs and experts in June 7th
Mr Hironori Tsuboi, First Secretary, The Embassy of Japan in Thailand
Mr Tsuboi stated that he was response for labour issues at the Embassy, and noted thatquestions of business and human rights had arisen in his work. Japanese companies had
been requested to provide certificates that there was no child labour in their supply chains.
Mr Tsuboi found that there was a department within the Thai Labour Ministry that actually
did issue such certificates. In another example, Thai NGOs and labour unions had appealed
to the Japanese OECD National Contact Point (NCP) regarding alleged violations of theOECD Multinational Guidelines. Mr Tsuboi stated that the cases that had been subject toappeal to the OECD NCP showed how important it was that businesses engaged in dialogue
with stakeholders to advance common understanding of any issues.
Mr Tsuboi hoped that this SHE programme would lead to a more collaborative relationshipbetween businesses and NGOs. He stated that, like Japan, labour relations in Thailand
tended to be based on mutual trust and dialogue. He hoped that this programme would
contribute to strengthening that sort of relationship.
Imesh Pokharel, Human Rights Officer, Office of the United Nations High Commissioner for
Human Rights
Mr Pokharel gave an outline of the UN Guiding Principles (UNGP), also known as theRuggie Principles, and stressed that the UNGP were aimed at creating an environment inwhich business could thrive. The aim of the UNGP was to ensure that businesses could gain
the trust of stakeholders across society through the adoption of a human rights policy,
monitoring implementation of this policy and of the UNGP throughout their operations, andthrough conducting human rights due diligence in all their business actitivies.
Companies must also ensure that they are not complicit in human rights violations, through,for example, the activities of their business partners. It was vital that businesses conducted
due diligence of their supply chain in this regard.
Mr Pokharel noted that there were human rights issues in Thailand that businesses needed
to be particularly aware of, including the treatment of migrant labourers and the protectionof human rights defenders. Consumers were more and more becoming cognizant of these

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1issues in their purchasing decisions, electing to buy goods only from companies with good
human rights records.
Mr Toshikuni Doi, Senior Advisor, Mekong Watch
Mr Doi noted the three principles of the UNGP - protection, respect, and remedy – and notedthat in many ways it was the last, remedy, that was both the most important. Some
examples of grievance mechanisms included the formal justice system, appeals to national
human rights institutions, and company procedures such as grievance hotlines. In manycases, it was the lack of speedy and meaningful response from the company that causes thecase to drag on, leading to even more serious consequences. The case was then often reported
on in the media, leading to damage to the brand image of the company.
The Japan Bank for International Cooperation (JBIC) has had an official appeals procedure
since 2003, but it was not well known amongst stakeholders, and has only been used twice.
Ratjai Adjayutpokin and Naiyana Thanawattho, Save the Children
Ms Adjayutpokin and Ms Thanawattho noted that though a law for child protection had been
adopted in Thailand, it was not yet applied adequately, and problems remained in theprotection of Thai children. For example, many Thai children were not issued birth certifies,
despite having been born in the country.
There were several areas of concern for Save the Children in Thailand, including:-- Poor working conditions, including inadequate pay. This was particularly an issue withregard to the children of migrant labourers from Myanmar, Cambodia, and Laos.
-- Child labour. Many children were unable to attend school and had no choice but to work.
There were examples of children working on farms during harvest time being exposed topesticides and other health risks. Children working as fishermen were at sea for months at atime, making it impossible to attend school. Other child labour issues included the shrimp
peeling industry and the sex industry for foreign tourists.
-- Environmental risks. There were increasing health risks caused by industrial waste andother problems related to factories.
Ms Sutharee Wannasiri, Thailand Human Rights Specialist, Fortify Rights
Ms Wannasiri presented the case of Loei Province, where Tungkum, a subsidiary of theAustralian-owned Tongkah Harbour company, had been involved in gold and copper mining

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since 2006. The mining had caused environmental destruction in the area, and the local
residents suffered from numerous health problems, including a high level of lead, mercury,and cyanide poisoning in their bodies. In 2012 the protective barrier separating the minefrom a nearby water source collapsed, resulting in contamination of the water. Residentsbrought civil and criminal lawsuits against the company, and were subsequently attacked byarmed militia hired by the company, with numerous residents suffering injuries as a result.
Fortify Rights are calling for re-investigation into the violent incidents caused by armed
militia and the prosecution of those response; the protection of the rights of freedom of
expression and assembly of the residents; and immediate and meaningful addressing of thehealth and environmental concerns of the residents.
Ms Ekin Ober, Cross Cultural Foundation
Ms Ober presented the issue of migrant labour, and the lack of protection of their rights, inparticular their labour rights. Many migrant labouerers were subject to pay lower than thelegal minimum wage; physical abuse; confiscation of their documents (e.g. passports); denialof access to health care; forced labour; and human trafficking.
Ms Ober presented the case of Natural Fruit, where Burmese labourers were subject todiscrimination and low pay. After Andy Hall, a human rights activist, brought the case to theattention the international community, he was subject to numerous civil and criminal cases
brought by the company. This case highlighted the need for protection of human rights
defenders in Thailand.

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