Exploring and analysing thailand’s potential new legislation on mandatory human rights due diligence for private sectors

Abstract

This Thesis focuses on a study of potential enforcement of the Legislation on mandatory Human Rights Due Diligence (HRDD) for private sectors operating a business in Thailand in order to safeguard human rights, as recognised in the international human rights laws and national laws, in their value chain within the consideration of the United Nations on Guiding Principles on Business and Human Rights (UNGPs) as well as Thailand’s National Action Plan on Business and Human Rights Phase I (2019-2022). With new corporate governance regime and under emerging concept of due diligence requirements, private sectors subject to this mandatory HRDD Legislation is expected to Protect, Respect, and Remedy the UNGPs, by identifying, preventing adverse impacts on human rights due to business-related human rights abuse and mitigating and accounting for human rights violation. This Thesis illustrates emerging concepts of increased corporate responsibility to address risk to people along their business activities. Further, it discusses policy and legal developments on this type of Legislation by inspecting and analysing existing and potential law of mandatory human rights due diligence in some of the European Union’s Member States as they tend to influence standards of protection and strongly uphold human rights. The Thesis will provide an analysis and a proposal on a body of this law to be enforced in Thailand by identifying characteristics of this law, scope of application, remedial measure, and oversight body. It also extends to analytically address functional and institutional challenges and impacts on relevant stakeholders: rightsholders, private sectors, and Civil Society Organisations (CSOs). With the inclusion of all stakeholders, this potential enforcment of the Legislation could help drive and create an equal, strengthened, and sustainable society, and step forward to sustainable growth altogether.