Business Archives - ASEAN Parliamentarians for Human Rights

ASEAN governments must step up efforts to protect all workers against coronavirus, MPs say

Nov 9, 2020 | BHR, COVID19, RM, Statements

JAKARTA – On Workers’ Memorial Day, and World Day for Safety and Health at Work, MPs are calling for Southeast Asian governments and companies in the region to increase efforts to protect workers’ rights to healthy and safe conditions amidst the COVID-19 pandemic.

“Every day millions of workers in Southeast Asia are going to work so that our countries keep running, but many are being forced to do so in dangerous conditions that put them at risk of contracting or spreading the virus,” said Chamnan Chanruang, a former Member of Parliament (MP) of Thailand and member of ASEAN Parliamentarians for Human Rights (APHR). “ASEAN governments must work with employers across all sectors to immediately step up action to make sure that everyone’s right to healthy and safe conditions at work are respected: if these workers are not protected, no one is.”

Countries in the region have shut down some of their economic activity but work continues in many places. This includes, for example, workers in export-oriented industries in the Philippines, food manufacturing and packaging employees in Singapore, construction workers in Indonesia, and those employed in the factories of Special Economic Zones in Vietnam. For many, there is no option other than to continue to work, despite the health risks involved.

“Many workers are in an incredibly difficult scenario; they need to earn money, but are being asked to conduct their work in conditions that lack hygiene supplies and facilities. In the Philippines, for example, workers were made to sleep on the floor at their workplace for 30 days in subhuman conditions that did not respect social distancing. This abuse of workers must stop,” said Chamnan Chanruang.

Women workers are particularly at risk, said APHR. On average women spend more than three times the amount of time doing unpaid care work compared to men. With the pandemic and the closing of schools, childcare and other facilities, women workers are facing increased work, mental and physical pressures. Pregnant women also face potential additional health risks. Employers and governments must consider these gendered impacts of COVID-19 when ensuring safe and healthy conditions at work.

Another group particularly at risk is healthcare workers. The lack of medical and protective equipment provided to health workers is extremely concerning. APHR notes that in Indonesia medical worker associations have threatened to stop treating COVID-19 patients if the government does not ensure the availability of protective health gear. Women make up more than 70 percent of the global health workforce.

“Healthcare workers, most of whom are women, are the ones keeping us safe, and in many cases alive, during this crisis. It is essential that we do the same by protecting their rights and providing them with the materials and equipment they need. If they get infected, who will treat those who get sick?’” said Anthea Ong, Member of Parliament of Singapore and member of APHR.

APHR also called on companies to step up their actions.

According to the United Nations Guiding Principle on Business and Human Rights, businesses must undertake due diligence and mitigate any harm to the health of workers. Moreover, the World Health Organization and International Chamber of Commerce have issued a private sector call to action to tackle the pandemic, and say all businesses must play their part in minimising the transmission of the virus and its impact on society.

Yet despite this, many companies in Southeast Asia have not been transparent in sharing information regarding their plans to protect their workers from catching or spreading the disease in the workplace, APHR said.

“If we want to tackle this pandemic, we need all employers to be transparent about how they plan to protect workers from the virus, and for those measures to be enforced throughout the organisation and apply to all workers, without discrimination,” said Ong. “These plans must be achieved through social dialogue and negotiations with workers and trade unions. It is only through such dialogue and by respecting their rights that we will truly tackle this pandemic.”

Regional MPs call for greater transparency of RCEP negotiations

Nov 9, 2020 | BHR, Statements

JAKARTA – 10 March 2020: As ministers of the member countries of the Regional Comprehensive Economic Partnership (RCEP) meet for final negotiations over the trade agreement this week, regional lawmakers today expressed concern about the lack of parliamentary and public oversight of the deal, as well as its potential human rights impacts.

The RCEP is a free trade agreement in the Asia-Pacific region that includes the 10 member states of the Association of Southeast Asian Nations (ASEAN), as well as China, Japan, South Korea, Australia and New Zealand. India withdrew from the deal in November 2019.

“During the negotiations, governments have given privileged positions to large business lobby groups, at the expense of public and parliamentary oversight,” said Teddy Baguilat, former Philippine parliamentarian and board member for ASEAN Parliamentarians for Human Rights (APHR). “What’s worse is that they’ve been unapologetic about this double standard, welcoming inputs from businesses while flatly rejecting appeals from civil society to see official documents. The entire process has been an affront to democracy.”

Negotiations for the RCEP have failed the transparency and public participation tests, APHR said. Neither public nor parliamentary oversight have been meaningful, or respected the principle of free, prior and informed consent, lawmakers said.

Among a number of problematic issues in the RCEP agreement, APHR expressed alarm at proposals related to intellectual property rights (IPR), which could have a catastrophic impact on the rights of people living in Southeast Asia.

“Intellectual property provisions in the RCEP threaten access to medicine and public health for hundreds of millions of people across Southeast Asia, by extending patents, likely resulting in rising medicine prices. Access to healthcare is a fundamental human right, and the RCEP must respect this,” Baguilat said.

Despite RCEP members having taken positive steps towards dropping the inclusion of investor-state dispute settlement (ISDS) mechanisms from the agreement, the measures have not been explicitly ruled out, including from future negotiations. ISDS, which allows investors to sue countries for a range of practices, have been widely criticised for undermining national sovereignty, lacking transparency and restricting a state’s ability to respect and ensure their citizens’ human rights.

APHR calls on negotiating parties to officially exclude ISDS mechanisms from all RCEP negotiations as a step towards ensuring the agreement is human rights compliant.

In addition, the rights group is calling on RCEP negotiating parties to conduct open and inclusive public consultations, as well as independent environment, human rights and economic assessments of the agreement, and for up-to-date information regarding the negotiations and texts to be made available to the public and parliamentarians. APHR also reiterates its calls for decision makers to provide balance in their negotiations, rather than continuing to prioritise elements of the private sector.

“The RCEP negotiations have been conducted almost entirely in secret, making it impossible for parliaments and the public to scrutinise whether or not the deal respects human rights and democratic principles,” said Tom Villarin, former Member of the House of Representatives of the Philippines and APHR member. “The current negotiating process bypassess usual checks and balances on the executive. National parliaments must be given the opportunity to review and vote on any agreement before it is signed”.

Furthermore, APHR called on the ASEAN Economic Community to balance its focus on encouraging economic activity with wider obligations to ensure and respect human rights across the region.

“ASEAN’s narrow focus on encouraging economic activity is incompatible with its responsibilities to protect and fulfil human rights,” said Baguilat. “It is time for ASEAN to fulfill its obligation to protect its people’s rights and address economic advancement and prosperity in a balanced and sustainable way.”