"INTERVIEW—COVID-19 and Belt and Road: Some of the issues impacting business and human rights", August 2020 

Dr Surya Deva is a Member of the United Nations Working Group on Business and Human Rights [...].

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In this interview with Melbourne Asia Review's Managing Editor, Cathy Harper, Dr Deva discusses some of the main challenges in business and human rights in Asia and what is being done about them.

Do you think the situation relating to business and human rights in Asia is any better than it was prior to the UNGP's adoption?

Some governments and companies in Asia are becoming more aware of their adverse impact on human rights and trying to manage it. The process to develop a National Action Plan on Business and Human Rights is in place in several countries. [...] The UN Global Compact's national networks and business associations across Asia are also trying to raise awareness and build capacity.

However, progress is slow and inconsistent. [...]

What are the most concerning situations now in terms of business and human rights in Asia?

The most immediate concern is COVID-19, which has raised several business and human rights issues. COVID-19 has been used by governments as a pretext to impose restrictions on protests[...]. COVID-19 has also provided greater opportunities for governments to intimidate civil society organisations and human rights defenders. Moreover, access to mechanisms for justice, whether these are National Human Rights Institutions or courts, has been constrained. [...]

Does it make things different, in terms of response, that Belt and Road Initiatives are often Chinese state-owned enterprises?

What is unique about BRI is that it is quite difficult to engage with Chinese state-owned enterprises. If affected communities face a situation where they cannot engage with the relevant companies in the host country because of political capture or because of the state-business nexus, then one would look at pressure points in the home country of such companies. [...]

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Which sectors are most prone to human rights abuses?

There are human rights abuses in every sector but abuses in different sectors are prominent in different countries. [...]

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What do you see as the key challenges in implementing the Guiding Principles?

[...] Many governments think that if they push companies hard to respect human rights, that will slow down economic development and reduce foreign investment. [...] Challenges concerning access to justice and lack of corporate accountability are also quite severe. Last but not least, we have issues about the state-business nexus, corporate capture and corruption. [...]

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[Note: Melbourne Asia Review is a quarterly online journal. Its content is subject to a rigorous editing process, including peer-review. The journal may be accessed here.]