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Download the Conference Statement here

A gathering of participants from seven countries in Southeast Asia debated paths to ensure that both state and non-state actors respect and protect human rights in the region’s burgeoning agribusiness sector, at a conference held in Yangon, Myanmar on November 4-6, 2014.

65 participants, representing the South East Asian National Human Rights Institutions Forum (SEANF) and civil society organizations from Cambodia, Indonesia, Lao PDR, Malaysia, Myanmar, the Philippines and Thailand attended the Yangon Workshop on Human Rights and Agribusiness in Southeast Asia. The meeting was convened by the Myanmar National Human Rights Commission (MNHRC), with the support of the Forest Peoples Programme (FPP), RECOFTC-The Center for People and Forests and RRI.

The Chairman of the Myanmar National Human Rights Commission, other members of the Commission and representatives of the Myanmar Ministry for Environment, Conservation and Forests and Ministry for Agriculture noted that the workshop came at an opportune time as the country was actively reviewing its land use policies, land laws and programs to support farmers, and in view of the alarming increase of land conflicts as a result of a rapid increase in foreign investment notably in agribusiness and forestry. The Ministries also highlighted the importance of sustainable natural resource management for the benefit of future generations of Myanmar.

Development experts from across the region noted that government policies to generate foreign investment, agro -fuels and commodity exports, while designed to stimulate national development , were imposing heavy costs on communities in terms of land grabs, forced eviction, loss of livelihoods, decline in food security, environmental degradation, and erosion of biodiversity. Controversial business enterprises are increasingly financed by land speculation and land banking, national and regional banks, and foreign investment within Asia.

Within this context, the participants took note of global concern on the impacts of commodity trades, and transnational and extraterritorial investments on peoples, lands and forests as manifested in a host of global principles and guidelines. These include the UN Guiding Principles on Business and Human Rights, UN Principles for Responsible Investment, the Outcome Statement of UN World Conference on Indigenous Peoples, UN General Assembly’s New York Declaration, FAO’s Voluntary Guidelines on the Responsible Governance of Tenure of Land, Fisheries and Forests, the EU’s Forest Law Enforcement Governance and Trade initiative, and multiple pledges of global corporations to adopt policies for Zero Deforestation and Zero Exploitation, among others. The meeting noted that these processes stress the importance of both state and non-state actors in recognizing human rights, in particular Indigenous Peoples’ and local communities’ rights to lands and resources, and of respecting the principle of Free, Prior and Informed Consent (FPIC) for land acquisition projects.

Despite these worrying trends, the meeting also noted some positive efforts at national levels to review and revise land tenure laws, recognize customary rights, strengthen social and environmental safeguards, and empower village authorities. However, there remain significant opportunities for national human rights institutions to collaborate with each other and with civil society groups to investigate abuses and promote remedies. In some countries, while laws are adequate, the main challenge is to ensure these laws are upheld and violations punished.

In Indonesia, Malaysia, and the Philippines for example, efforts are being made to develop national action plans on the implementation of the Guiding Principles on Business and Human Rights. In the Philippines amendments to the Corporation Code are being considered which would require companies to respect human rights. The participants stressed the importance of media in raising awareness about human rights, especially regarding vulnerable sectors such as Indigenous Peoples, women, and rural workers.

The meeting also noted the importance of autonomy and strong manburma 3dates for National Human Rights Commissions. Some Commissions noted that their work is hampered by restricted mandates, limited budgets, and weak support from parliaments and the executive. The workshop urged governments of countries where National Human Rights Commissions don’t yet exist – such as Cambodia and Lao PDR –to establish one immediately. The participants also proposed strengthened regional cooperation between SEANF and ASEAN InterGovernmental Commission on Human Rights (AICHR), the setting up of an ASEAN Human Rights Court, and the establishment of national level complaints and redress mechanisms.

Given the thousands of existing, unresolved land conflicts and the rapid expansion of agribusinesses in the region, the meeting then reviewed the potential of conflict resolution mechanisms by the State, communities and businesses and at the regional and international level. Many state institutions already exist in the different countries to resolve disputes, and information about these mechanisms needs to be shared within the region. These mechanisms need to be reviewed and strengthened (and where relevant constituted in other countries) to ensure they have greater transparency.

Finally, participants from the Philippines noted their interest in hosting the next meeting, subject to formal endorsement by the Philippines National Human Rights Commission. It was suggested that the meeting should directly involve agribusinesses and review concrete cases where efforts are being made to ensure that businesses respect human rights – a proposal warmly endorsed by all participants.