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31 Jul 2006

Allens Arthur Robinson law firm

[PDF] Brief on Corporations and Human Rights in the Asia-Pacific Region - Prepared for Professor John Ruggie, United Nations Special Representative of the Secretary General for Business and Human Rights

[159-page reference paper covering legal framework & cases in the following countries: Australia, India, Indonesia, Myanmar (Burma), New Zealand, Papua New Guinea, People's Republic of China] The main findings of this brief are broadly structured in accordance with the first three components of the United Nations Special Representative of the Secretary General on Business and Human Rights' (UNSRSG) mandate as they pertain to the Asia Pacific region, namely: • identifying and clarifying standards of corporate responsibility and accountability for transnational corporations (TNCs) and other business enterprises with regard to human rights across the Asia Pacific region; • the role of the State in various Asia Pacific countries in effectively regulating and adjudicating the role of TNCs and other business enterprises with regard to human rights; and • the implications for TNCs and other business enterprises of the concepts of 'complicity' and 'sphere of influence'. [Conclusion on page 159 begins:] The UNSRSG stated in his Preliminary Remarks at the World Mines Ministries Forum in March 2006 that: "human rights impact assessment today is as underdeveloped as environmental impact assessment was a generation or so ago..." The same can be said for the legal regimes that exist to hold corporations to account for their direct and indirect human rights impacts...