HUMAN RIGHTS IMPACT ASSESSMENTS:

T
he tourism and casino
This can create a hostile and unsafe working Profile of the case company and its
sector in Thailand is a
environment for women, and can lead to high structure:
rapidly growing industry
levels of turnover and a lack of skilled workers
that has the potential to The case company is a construction
in the sector.
generate significant company that has been approached by an
In addition to these issues, the sector is also
economic benefits for investment bank to build a new 5-star
facing challenges related to the rights of
the country. resort and casino in Thailand. The
indigenous peoples. Many of the tourism and
However, it is also a sector that is company is based in Asia, and has
casino developments in Thailand are built on
vulnerable to a range of human rights experience in the construction industry.
land that is traditionally owned by indigenous
issues, including those related to labor The company has a strong supply chain,
communities, and there have been reports of
rights, human trafficking, and the with a network of suppliers and contractors
communities being displaced and their rights
exploitation of workers. who provide materials and labor for its
being violated in the process. This can lead to
One of the key issues facing the tourism projects. The company is a medium-sized
conflicts and human rights abuses, and can
and casino sector in Thailand is the enterprise (SME), and is owned by a
create long-term challenges for both the
exploitation of migrant workers. Many of group of investors who are committed to
industry and the affected communities.
the workers in this sector are recruited sustainable and responsible business
from neighboring Asian countries, and practices. The company is committed to
Overall, the tourism and casino sector in
they often face a range of challenges, respecting and protecting human rights in
Thailand presents a range of human rights
including poor working conditions, low all of its operations, and has implemented
challenges and risks, including those related
wages, and limited access to basic labor a comprehensive human rights policy to
to labor rights, human trafficking, gender
rights. This can make them particularly guide its actions. The case company in
discrimination, and the rights of indigenous
vulnerable to exploitation and abuse, and this scenario is a medium-sized enterprise
peoples. Companies operating in this sector
there have been numerous reports of (SME) that is based in Asia and has
must take these issues into account and
workers being trafficked into the country experience in the construction industry.
implement measures to address them in order
and forced to work in the tourism and The company has a strong supply chain,
to avoid reputational and financial risks and
casino industry.Another significant human with a network of suppliers and contractors
ensure that their operations are in compliance
rights issue in the sector is the lack of who provide materials and labor for its
with human rights principles.
protections for women workers. Despite projects. The company is owned by a
the local government's requirement that a group of investors who are committed to
certain percentage of workers be female, sustainable and responsible business
women in the tourism and casino industry practices.
often face discrimination and harassment,
and may be subject to unequal pay and
limited opportunities for advancement. 1
The company is structured in a traditional
hierarchical manner, with a board of
directors at the top who are responsible for
making strategic decisions and setting the
overall direction of the company. Below
the board of directors, there is a
management team who are responsible
for the day-to-day operations of the
company, including overseeing the
construction of the new resort and casino
in Thailand.
The company employs a large workforce,
including a mix of skilled and unskilled
workers who are responsible for carrying
out the construction work. The workers are
organized into teams and departments,
and they are supervised by experienced
managers and supervisors who are
responsible for ensuring that the work is
carried out safely and efficiently.
In addition to its own employees, the
company also works closely with a
network of suppliers and contractors who
provide materials and other services for its
projects. The company has established
relationships with these companies and
has implemented policies and procedures
to ensure that they are in compliance with
human rights standards and best
practices.
Overall, the case company in this scenario
is a well-structured and organized
enterprise that is committed to respecting
and protecting human rights in all of its
operations. By implementing a exist there. Human rights issues can vary
comprehensive human rights policy and
engaging with its stakeholders, the
company is well positioned to address the
potential risks and challenges that may
arise in the tourism and casino sector in
Thailand.
Why the sector and firm should
engage with human rights and follow
a human rights due diligence
procedure
The tourism and casino sector in Thailand,
like any other industry, has a responsibility
to respect and protect the human rights of
all individuals and groups affected by its
operations. This includes workers,
communities, and other stakeholders, and
it is essential that companies operating in
this sector take steps to ensure that their
actions do not violate or negatively impact
these rights. One of the key reasons for
engaging with human rights in this sector
is to avoid reputational and financial risks.
Human rights violations and abuses can
have serious consequences for
companies, including negative media
coverage, legal action, and damage to
their reputation and brand.
By engaging with human rights and
implementing measures to address
potential abuses, companies can reduce It can help to avoid reputational and
these risks and ensure that their financial risks, foster positive relationships
operations are in compliance with with stakeholders, and ensure compliance
international standards and best practices. with relevant laws and regulations. This
can help to ensure the long-term success
and sustainability of the company, and can
Another important reason for engaging
contribute to the overall development and
with human rights is to foster positive
growth of the sector.
relationships with stakeholders. By
engaging with human rights and
The context(s) of operations :
implementing measures to address
potential abuses, companies can
Without more specific information about
demonstrate their commitment to
the specific context of operations, it is
responsible and sustainable operations,
difficult to provide a detailed description of
and can build trust and credibility with
the salient human rights issues that may
workers, communities, and other
stakeholders. This can help to create a
greatly depending on factors such as the
positive working environment, and can
location, the industry, the specific activities
contribute to the long-term success and
being carried out, and the specific groups
sustainability of the company.
of individuals and communities that are
In addition, engaging with human rights
affected.
and following a human rights due diligence
In general, however, there are a number
procedure can also help to ensure that the
company is in compliance with relevant of human rights issues that are commonly
found in a range of different contexts and
laws and regulations. Many countries,
industries. These include issues related to
including Thailand, have laws and
labor rights, such as the exploitation of
regulations that require companies to
respect and protect human rights in their workers and the violation of fundamental
rights such as the right to a fair wage and
operations, and failure to do so can result
the right to form and join trade unions.
in legal action and other consequences.
Other common human rights issues
By engaging with human rights and
include discrimination and marginalization
implementing a human rights due
based on factors such as race, gender,
diligence procedure, companies can
religion, and sexual orientation, as well as
ensure that they are in compliance with
the rights of indigenous peoples and other
these requirements and can avoid
marginalized groups.
potential legal and regulatory risks.
In addition to these general issues, there
Overall, engaging with human rights and
may also be specific human rights
following a human rights due diligence
challenges and risks that are unique to the
procedure is essential for companies
particular context of operations.
operating in the tourism and casino sector
in Thailand.
2

For example, there may be concerns about
the impact of the company's operations on the
environment and on the rights of local
communities, or there may be issues related
to the supply chain and the rights of workers
in other countries. It is important for
companies to carefully assess the specific
context in which they are operating, and to
take steps to address any potential human
rights issues that may arise.
Potential internal and external
stakeholders involved in the situation:
Potential internal stakeholders involved in the
situation may include the workers at the
company, as well as the management and
board of directors. The priorities of these
stakeholders may include issues such as fair
wages and working conditions, opportunities
for career advancement, and a safe and
healthy working environment. The potential
risks that the company's activities, strategies,
relationships, and products may represent for
their human rights may include the
exploitation of workers, discrimination and
harassment, and the violation of labor rights.
Potential external stakeholders involved in the
situation may include the local community
where the company is operating, as well as
other businesses and organizations operating
in the same sector. The priorities of these
stakeholders may include issues such as the
impact of the company's operations on the
environment and on local communities, as
well as the company's compliance with
relevant laws and regulations. The potential
risks that the company's activities, strategies,
relationships, and products may represent for
their human rights may include the
displacement of communities, environmental
degradation, and the violation of the rights of
indigenous peoples.
Overall, it is important for the company to
carefully assess the potential risks that its
activities, strategies, relationships, and
products may represent for the human rights
of both internal and external stakeholders. By
doing so, the company can identify potential
issues and take steps to address them, in
order to avoid negative impacts on human
rights and ensure that its operations are
sustainable and responsible.
Possible solutions to prevent and mitigate, or
remedy human rights harms:
There are a number of possible solutions that
a company can implement in order to prevent
and mitigate, or remedy human rights harms
in the tourism and casino sector in Thailand.
Some of these solutions may include :
Implementing a human rights due
diligence procedure to ensure that the
company's operations are in
compliance with international human
rights standards and best practices.
This can involve a range of activities,
including conducting regular audits
and assessments, engaging with
stakeholders, and implementing
policies and procedures to prevent and
mitigate human rights abuses.
Implementing a human rights due
diligence procedure would involve
several steps. The first step would be
to develop a comprehensive policy
that sets out the company's
commitment to respecting and
protecting human rights in all of its
operations. This policy should be
based on international human rights
standards, and should be consistent
with the company's overall business
strategy and objectives. The next step
would be to conduct regular audits and
assessments to identify and assess
any potential risks and challenges
related to human rights. This could
involve collecting and analyzing data
from a variety of sources, including the
company's own operations, as well as
its supply chain and other
stakeholders. The results of these
audits and assessments should be
used to identify areas for improvement
and to develop action plans to address
any potential issues. Once potential
risks and challenges have been
identified, the company should then
implement policies and procedures to
prevent and mitigate human rights
abuses. This could involve
establishing clear guidelines and
procedures for workers and other
stakeholders, and providing training
and education on human rights to
ensure that everyone understands
their rights and responsibilities. Finally,
the company should engage with
stakeholders to ensure that its
operations are transparent and
accountable. This could involve
holding regular meetings and
consultation sessions, and providing
regular updates and information on the
progress of the project. By engaging
with stakeholders and listening
To implement training programs for its
employees and contractors, the company
could work with relevant organizations
and experts to develop tailored training
programs that are specific to the
company's operations in Thailand. These
programs could cover a range of topics
related to human rights, such as forced
labor, gender discrimination, and the
rights of workers. The training could be
delivered in various formats, such as in-
person workshops, online courses, or
printed materials. The company could also
consider providing ongoing support and
resources to its employees and
contractors to ensure that they have the
knowledge and skills needed to uphold
the company's commitment to protecting
human rights. By implementing these
training programs, the company can help
to raise awareness of human rights issues
among its workforce and ensure that they
are equipped to identify and respond to
potential human rights violations. This can
help to prevent such violations from
occurring and contribute to creating a
safer and more fair working environment
in Thailand.
Establishing a grievance mechanism to
allow workers, communities, and other
stakeholders to raise concerns and issues
related to human rights. This can help to
ensure that any potential abuses are
promptly addressed and resolved, and
can help to build trust and credibility with
stakeholders. Establishing a grievance
mechanism is a key recommendation for
the construction company building a new
5-star resort and casino in Thailand in
order to address potential risks and
challenges related to human rights. A
grievance mechanism is a process or
system that allows workers, communities,
and other stakeholders to raise concerns
and issues related to human rights, and to
have those concerns addressed and
resolved. There are a number of different
ways that a company can establish a
grievance mechanism, depending on the
specific context and needs of the
company and its stakeholders. For
example, a company could set up a
dedicated hotline or email address that
workers and other stakeholders can use
to raise concerns and issues. The
company could also establish a dedicated
team or individual who is responsible for
receiving and responding to grievances.
3
In order for a grievance mechanism to be
effective, it is important that it is accessible,
transparent, and fair. This means that it
should be easy for workers and other
stakeholders to access and use, and that
the process for raising and resolving
grievances should be clear and transparent.
It should also be fair, in the sense that all
grievances should be treated equally and
resolved in a timely and appropriate
manner. Overall, establishing a grievance
mechanism is an important
recommendation for the construction
company building a new 5-star resort and
casino in Thailand. It can help the company
to identify and address potential risks and
challenges related to human rights, and to
ensure that its operations are sustainable
and responsible. It can also help to build
trust and credibility with workers,
communities, and other stakeholders, and
can contribute to the long-term success and
sustainability of the company.
Engaging with local communities and other
stakeholders to understand their concerns
and priorities, and to ensure that the
company's operations are carried out in a
transparent and accountable manner. This
can help to build trust and credibility, and
can help to identify and address potential
risks and challenges. This can help to build
trust and credibility with these stakeholders,
and can help to identify and address
potential risks and challenges related to
human rights.
Engaging with local communities and other
stakeholders can take a variety of forms,
depending on the specific context and the
needs and preferences of the stakeholders.
https://www.globalcompliancenews.com/2022/06/23/thailand-human-rights-due-diligence-09062022/
https://www.humanrights-in-tourism.net/news/joint-project-informal-workers-thailand
https://www.hrw.org/thailand
https://www.state.gov/reports/2020-country-reports-on-human-rights-practices/thailand/
https://www.business-humanrights.org
https://www.ilo.org
Some possible approaches might include: Providing training and education on
human rights to workers and other
Holding regular meetings and stakeholders. This can help to raise
consultation sessions with local awareness of human rights issues
communities and other stakeholders to and standards, and can empower
discuss the company's plans and individuals to identify and address
activities, and to listen to their potential abuses
concerns and feedback. This could
involve organizing meetings at the Overall, there are a range of potential
construction site, or in other nearby solutions that a company can implement
locations, and providing regular in order to prevent and mitigate, or
updates and information on the remedy human rights harms in the
progress of the project. tourism and casino sector in Thailand.
Providing clear and accessible By taking these steps, the company can
information to local communities and ensure that its operations are
other stakeholders about the sustainable and responsible, and can
company's operations, policies, and avoid negative impacts on human rights.
procedures, and about their rights and
entitlements. This could involve
developing and distributing materials
such as brochures, posters, and other
informational resources, in local
languages and in formats that are
accessible to all stakeholders.
Establishing channels of
communication with local communities
and other stakeholders, such as a
dedicated hotline or email address, to
allow them to raise concerns and
issues related to the company's
operations. This could involve
providing regular updates and
responses to issues raised, and
ensuring that any concerns are
promptly addressed and resolved.
Working with local organizations and
institutions, such as community
groups, NGOs, and local authorities,
to build partnerships
References
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