Introduction: Business and Human Rights Asia-Examining the Duty of the State to Protect

This chapter introduces the state's duty to protect human rights and to compel business organisations to respect fundamental rights and freedoms. It outlines the emergence of the United Nations Guiding Principles (UNGPs) on Business and Human Rights, the emergence of which has taken place in a very complex international system today. Business organisations exert tremendous influence over countries and societies across the world, alongside states. There has been increasing interest in the UNGPs in Asia as governments explore the development of national action plans to give effect to their duty to protect. The chapter surveys the rich multi-disciplinary literature on BHR and fills a gap in scholarship on Asia. The BHR agenda post-COVID-19 crisis needs to be examined as part of this scholarship. © Asia Centre 2021.

Conclusion: Duty of the State to Protect- New Issues in the Post-COVID-19 Era

This chapter reiterates the central point made collectively in this work, namely that states have a duty to protect human rights and that they must hold business organisations to account. It also identifies some new issues that need to be analysed in relation to BHR, which include: the drafting of an international treaty on BHR, indigenous peoples rights, the notion that corporations have human rights, state action to eliminate escape clauses parallel legal regimes that allow states to escape responsibility, the business case for access to justice and the impact of the COVID-19 crisis on the implementation of the UNGPs in Asia. BHR will continue to be an important part of Asia Centre's human rights programme. © Asia Centre 2021.

Business and Human Rights in Asia: Duty of the State to Protect

This book examines the State's duty to protect human rights in Asia amidst rising concern over the human rights impact of business organisations in the region, a topic which has hitherto been understudied. It analyses a range of inter-connected issues: the advent of international standards, the UN Guiding Principles on Business and Human Rights, the challenges inherent in the formulation of National Action Plans on business and human rights, the need for improved legislation and policies, access to remedies, and conflicts with indigenous peoples over business activities. The book also covers innovative themes such as BHR in the era of smart cities, ethical consumer behavior, and a human rights management system, which are emerging areas of enquiry in this field concluding with a range of critical issues to be addressed, including the need for an assessment of COVID-19 pandemic's impact on BHR in Asia and beyond. This book is part of Asia Centre's exploration of the nascent regional human rights architecture that is facing significant obstacles in protecting human rights and showcases the progress achieved and the ongoing challenges across Asia. © Asia Centre 2021.