Legal measures to prevent human rights infringement in the product supply chain : a focus on Thai fishery industry

Name: Kiranee Tammapiban-udom

keyword: Human trafficking

; Forced labor

; Human rights

; Human rights infringement

; Human rights abuse

; Fishery industry

; Thai fishery industry

; Business transparency

; Corporate transparency

; Transparency in supply chain

Abstract: Forced labor and Human Trafficking are globally considered as crime. Both international and national laws recognize Human rights as, for example, a duty of state to be protected and a duty of business to be respected. Currently, Thai Government has determined the issues of Human Trafficking as a top priority. As widely publicized, the human rights issues occurring in fisheries lead to death, serious injuries or violation of freedom of an individual and also inflict damages to countries’ economy and security. In general, as recognized by the United Nations Guiding Principles on Business and Human Rights, the States should require the disclosure of information that is necessary for regulators, investors and consumers and other stakeholders to assess business respect for human rights. To be more specific, companies must be required to explain which steps they are taking to address a particular type of human rights risk. The regulations on information disclosure play a pivotal role in making overall due diligence regime effective and legitimate. Besides, States should take effective due diligence procedures at the national and international level into account as an alternative in establishing standards for business due diligence procedures. To a certain extent, the standards they set for business due diligence procedures should correspond with the United Nations Guiding Principles on Business and Human Rights. Thus, in order to strengthen legal measure preventing human rights infringement in the business entities and fostering business transparency in the fishery supply chain, Thailand should adopt the legal mechanisms to monitor and observe the business operation to cut the demand of forced labor and human trafficking e.g. disclosing the measures companies taken for human rights due diligence, increasing corporate transparency, empowering and educating consumers. The measures for preventing the human rights infringement in the supply chain should be enacted either by endorsing the Policy Statement or amending the existing regulations requiring the businesses to disclose the measures that companies taken for human rights due diligence. The existing Thai laws, the Securities and Exchange Act B.E.2535 and The Anti-Trafficking in Persons Act, B.E. 2551 (2008) should be amended and the policy statement should be endorsed in order to require business entities to publish or disclose their due diligence policies and practices, including identified human rights risks and the prevention and mitigation steps taken to address such risks

Thammasat University. Thammasat University Library

Address: BANGKOK

Email: preserv@tu.ac.th

Name: Amnat Wongbandit

Role: advisor

Created: 2014

Modified: 2022-02-01

Issued: 2022-02-01

วิทยานิพนธ์/Thesis

application/pdf

DOI: 10.14457/TU.the.2014.103

eng

DegreeName: Master of Laws

Level: Master's Degree

Descipline: Business Laws

Grantor: Thammasat University

©copyrights Thammasat University

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