APF/ACSC 2014

March 21-23, 2014, MCC Hall, Yangon, Myanmar

Format for documentation of outputs and recommendations of workshops

Name of the Workshop / Communities front and center: Exploring solutions and remedies for business-related human rights abuses
Organizers of the workshop / 1) Altsean-Burma
2) Business & Human Rights Resource Centre
3) Community Resource Centre - Thailand
Contact person’s name, email and phone number / Bobbie Sta. Maria

09250448215
Resource persons and topics /
  1. Thant Zin from Dawei Development Association in Myanmar – shared about the wide range of campaign and remedial actions (local and international) their community has taken in response to social and environmental harms linked to the planned special economic zone, highlighting successes and challenges.
  2. Sor Rattanamanee Polkla, a lawyer from the Community Resource Center in Thailand – shared about her experience in representing Thai communities in court cases, including the transnational case filed against the Thai government for the social and environmental impacts of the Xayaburi Dam in Laos
  3. Komala Ramachandra from Accountability Counsel – provided insight on the processes involved in invoking international mechanisms, the challenges communities could face on an international level, and the impact that these cases or actions have in addressing cases, setting norms and changing attitudes.

Moderator / Debbie Stothard
Participants (female/male/total) / Female – 30
Male – 42
Total – 72
Key points of the workshop (not more than 5 points)
to help the Drafting Committee to understand the discussion in the workshop which is resulted in the conclusion and recommendation of the workshop / 1.Negative impacts attached to business and development projects are often exclusively felt by local communities, including ethnic groups and communities in conflict areas. These impacts are serious and include forced relocation, land confiscation, loss of livelihood, damaged property and grave environmental impacts such as pollution and water grabbing.
2.Despite the fact that negative impacts of business and development projects directly affect local communities, the communities are not provided sufficient relevant information about these projects, and are not consulted. In effect, they are not able to participate in decisions that will affect their future.
3.Due to the lack of space for communities in decision-making processes of business and government, communities in Southeast Asia are organizing themselves peacefully to protect their rights through various creative forms of mass, campaign and legal action. However, communities are continually repressed through laws that restrict mass action, and defamation lawsuits that have been a common form of harassment used by businesses and governments.
4.Communities have very limited options for remedies for human rights abuses on a national level and none on the regional level. Where there are existing laws, they are not implemented and there are no effective accountability mechanisms for their implementation. As mentioned in the workshop, communities cannot depend on the ASEAN, hence they depend on each other. Communities have also started to explore international accountability mechanisms due to the absence of domestic remedies, but these are not easy to access.
5.Cases in the region are becoming more transboundary in character. For example, Thai businesses that operate in Myanmar have been accused of causing negative impacts. Dams planned to be built on the Mekong mainstream have impacts across all Mekong countries. Despite this, there are no effective domestic and regional mechanisms where transboundary cases can be brought.
Conclusion of the workshop (not more than 3 points)
the position of the workshop on the topic/ the issues discussed. / 1.All communities affected by adverse impacts of business and development projects should have access to effective remedial mechanisms that will allow them to protect their rights and seek justice from abusive companies and governments, both on domestic and regional levels.
2.ASEAN governments should have policies and laws in place to ensure that communities are sufficiently informed of projects that will affect them, and have the opportunity to participate meaningfully in decision-making processes.
3.Abusive and repressive state and non-state actions that impede the full realization of peoples’ rights, such as arbitrary arrests and harassment lawsuits should be stopped, and communities must be free to explore all forms of peaceful modes of protecting their rights.
Recommendations (not more than 3 points)
concrete calls/steps to ASEAN, member states and its institutions /
  1. ASEAN governments should enact policies and laws to ensure that communities are informed and consulted on projects that affect them, and that they are able to participate in decision-making processes.
  2. All laws and policies that repress community action and participation in development projects should be abolished; business and government should stop resorting to harassment tactics such as defamation lawsuits and arbitrary arrests against communities that are peacefully trying to protect their rights.
  3. ASEAN governments and businesses should establish effective remedial mechanisms, whether judicial or non-judicial, to make sure that communities have access formal systems when they face human rights abuse. Efforts must be exerted to ensure that these mechanisms are implemented well. On a regional level, the AICHR should be strengthened to be able to concretely address human rights cases brought before it.
  4. ASEAN governments should encourage and not impede citizens’ movements for human rights and environmental protection. Civil society, on the other hand, should continue their active work of seeking accountability, while continuing to explore – within their countries and regionally – alternative justice and accountability systems. An example is the current proposal in Myanmar to form citizens’ juries for environmental cases to increase pressure on companies to operate responsibly.

Any other observations (if needed)