Accessing Justice to Redress Adverse Human Rights Impacts of Transboundary Investments – A Southeast Asian Case Study

The National Human Rights Commission of Thailand (NHRCT), a national entity that has a mission to promote and monitor the effective protection and implementation of international human rights in Thailand, has taken groundbreaking steps in investigating several human rights violations perpetrated by Thai stakeholders in Cambodia, Myanmar, and Laos. Being the first national human rights institution (NHRI) to recognize and investigate the extraterritorial obligation (ETO) of Thailand to protect human rights abroad, this could potentially set a precedent for other NHRIs to follow. This report investigates the viability and legality of the NHRCT to continue this work and of other NHRIs in Southeast Asia to pursue cross-border cases of human rights violations.

The Capstone team conducted approximately 20 personal interviews with human rights advocates, civil society organizations, regional human rights bodies, academic experts, and current and former NHRI Commissioners and employees from Thailand, the Philippines, and Malaysia. The team found that the opportunity for NHRIs to pursue cross-border cases is indeed viable and further explored the means of strengthening the legal argument to do so. However, to address the limitations in Southeast Asia, the team have made recommendations for the NHRCT, regional NHRIs, state governments, advocates, and regional and international organizations in order continue to work on cross-border cases effectively. Broadly, these recommendations are concerned with improving the appointment process of Commissioners, strengthening the mandate and tools of the NHRCT, improving business accountability mechanisms, expanding engagement with victims, strengthening regional cooperation among NHRIs, and furthering the international community’s support of ETO.