Daily Times

On 30 October 2019,Kingdom of Thailand became the latest country to publish and adopt their National Action Plan (NAP) on Business Human Rights (BHRs).Thai government started to work on the BHR NAP in 2016, almost at the same time when government of Pakistan announced its own NAP on the subject. Few days back I was invited to participate in consultative session organized by Government of Pakistan, Ministry of Human Rights and United Nations Development Programme (UNDP). While I was dejected that our country was still short of a proper draft on BHR NAP, but was hopeful at the same time since someone was still doing something in this regard. The day-long session was held to gather input to draft a National Action Plan (NAP) for Business Human rights (BHRs). Research Society of International Law (RSIL) has been involved to draft the action plan. It was encouraging to see that the Ministry of Human Rights had taken this as a serious task.

The consultative session was very much relevant to everyone; business owner, employees, members of civil society, members of legal fraternity, human right experts, NGOs and members of civil society etc. While the concept of human right is popularly known amongst all and sundry, yet the expression of BHR (Business human Rights) has never been the focus of a serious discussions anywhere, at government, corporate or civil society forums. The businesses do talk about corporate social responsibilities (CSRs) but BHRs is yet to be seen as business policy in Pakistan. During my study prior to the event, I came across two incidents that helped me understand the very concept behind the BHR.

At present manufacturing industry in Sialkot is a model for the sustainable elimination of child labour and the improvement of conditions for workers and their communities. In fact the sports industry particularly the football manufacturers made history where the business owners accepted the rights of their workers

On 11 September 2012, a fire that erupted in a Karachi garment factory resulted in the death of about 262 workers leaving more than 55 badly injured. As the flames engulfed the factory, the workers got stuck inside as they could not open locked emergency exits and windows which prevented workers from escaping. The company that owned the factory and its major client, an international multi-national company, faced enormous stress to offer compensation to the victims. Beyond doubt this was to be remembered as the worst industrial disaster in Pakistan. A saga of criminal proceedings and intensive negotiations unfolded thereafter. The issue became international since the German authorities and International Labour Organization (ILO) also became inseparably involved. Civil society including media kept this alive for next five years and thus on 11 September 2016 the factory agreed to pay about six million Euros to victims and their families. This was a unique case where the businesses and civil society with intervention of human right activists acknowledged and ensured that the rights of the workers were given.

Human rights are the foundation of a healthy society and sustainable business. Business Human Rights are not something new but extension of the same concept of human rights where rights of employees and workers are acknowledged and ensured. In Pakistan the business community as well as the civil society appear to have limited understanding of human and labour rights. It is never a priority and businesses remain oblivious of the fact that how their business activities may impact on these rights, and what steps they should take to identify, prevent, mitigate and remedy these impacts. Unless the Business Human Rights start to negatively imping upon the business, it is not given due priority.

At present manufacturing industry in Sialkot is a model for the sustainable elimination of child labour and the improvement of conditions for workers and their communities. In fact the sports industry particularly the football manufacturers made history where the business owners accepted the rights of their workers. Here I should mention the account of second event I came across. As the description of incident goes, in 1996 during the European Football Championship, a scandal erupted where the thriving sports industry of Pakistan was maligned through a campaign on international level for use of child labour. The allegation was not a false one. This came as a shock to Pakistan’s progressing sports manufacturers who took pride in the quality of the products which were used in international arenas. The international sports goods brands started to rethink their contracts with industries in Pakistan. A year later i.e. in February 1997, World Federation of the Sporting Goods Industry, the ILO, UNICEF and Sialkot Chamber of Commerce signed an agreement that came to be known as the Atlanta Agreement. The agreement was in fact an assurance by all stake holders not only to eliminate child labour but give the child workers their deserved opportunity to go to school. The issue was handled with immense seriousness and each stake holder particularly the Pakistan’s sports good manufacturer ensured that terms are complied in letter and spirit. By 1999 the sports industry in Pakistan was declared clean from child labour by independent inspectors. The businesses and human right experts once again achieved a feat which not only helped the children but also boosted the industry.

For countries, BHRs is the only way to ensure corporate accountability towards the obligations of business and corporate giants towards their employees and workers. The government particularly the Ministry of human rights, although on correct course of action, but is too short of achieving a clear objective. There are gaps in law, policy and practice. Businesses are required to be attached with and human rights requirements in line with the provisions of the UNGPs. Widest possible representation of civil society and already compressed business community is required. Dysfunctional task groups need to dismantled and fresh task groups need to be formed at Ministry Level with representation from all segments of stake holders. While the corporate sector may legally commit to comply with BHRs standards ensuring transparent mechanisms, new laws may be required for full disclosure from all companies, suppliers and factories that produce goods for export markets and their international clients. Non-state grievance mechanisms need to be compulsorily introduced allowing remedies and redress for victims of abuses linked to business activities. The list of Do’s is long but the Ministry still can start with a humble beginning i.e. by devising a strategy for increasing public awareness which is lacking as yet.

Thailand began in 2016 like us. I will not debate that what has kept Pakistan lacking and has caused the delay so far, but I must appreciate the government and all stake holders for what so ever they are doing at present. I am hopeful that the government with cooperation of UNDP and RSIL would soon come up with a plan which could provide remedy to disadvantaged and marginalized segment of workers in our society.

The writer is a versatile analyst and a speaker on contemporary issues