apac_english_2017-web-dfe4e37f5efe8669.pdf

This report by Friends of the Earth Asia Pacific (APAC) serves as an official contribution to the third session of the UN Intergovernmental Working Group on Transnational Corporations (TNCs) and other business enterprises with respect to Human Rights. It advocates for a legally binding UN Treaty to end corporate impunity, specifically targeting the immunity of International Financial Institutions (IFIs), corporate crimes in the Indonesian plantation sector, and the protection of environmental and human rights defenders.

• International Financial Institutions (IFIs) such as the World Bank, Asian Development Bank (ADB), and Asian Infrastructure Investment Bank (AIIB) are currently protected by immunity from lawsuits regarding the projects they finance. This forces affected communities to rely on the IFIs' own Accountability Mechanisms, which are often viewed as inaccessible, overly bureaucratic, and lacking legitimacy because the IFI's Board of Directors acts as both "judge and jury for all complaints".
• The report highlights the 1996 Marcopper Mining disaster in Marinduque, Philippines, where a drainage tunnel crack spilled millions of tons of mine tailings into the Boac River. Despite the ADB providing a loan of at least $25 million to the Marcopper Mining Corporation, a recovery of damages case filed in April 2001 remained in the trial stage 16 years later due to the resources of the company and inefficiencies in the Philippine justice system.
• In Indonesia, the plantation sector is identified as the highest sub-sector for corporate human rights violations, including agrarian conflict and environmental destruction. In 2016, the total conflict area in the plantation sector was 601,680 hectares. The report notes that 25 company groups control the majority of palm oil plantation area in Indonesia, totaling 5.1 million hectares.
• Forest and peat land fires in Indonesia have caused severe damage, notably in 2015 when 23 children died and 40 million people were exposed to smoke, costing the state at least 17 billion USD. WALHI identified 439 companies involved in wildfires, with the majority of hot spots found in palm oil (9,168) and pulp and paper (5,669) plantation concessions. Companies mentioned include Wilmar, Sinar Mas (Asian Pulp and Paper), Raja Garuda Mas/APRIL, Sime Darby, First Resources, Sampoerna, Cargill, Provident, Marubeni, and PTPN.
• Environmental human rights defenders in Indonesia face significant risks; WALHI recorded 131 defenders who were criminalized, persecuted, or threatened with attempted murder between 2004 and 2017. The report specifically notes that women defenders face unique gender-based violence, including sexual harassment and prejudice, and suffer pressure from family and social environments due to their gender identity.
• The report recommends that the UN binding Treaty establish the liability of IFIs that knowingly fund companies responsible for environmental disasters and human rights violations. It also calls for the Treaty to acknowledge the criminal and civil liability of TNCs as legal entities and to incorporate protections for human rights defenders, using the UN Declaration on the Right and Responsibility of Individuals, Groups and People Organizations as a reference.

APA

Friends of the Earth International (n.d.). apac_english_2017-web-dfe4e37f5efe8669.pdf. https://www.foei.org/wp-content/uploads/2017/10/APAC_english_2017-WEB.pdf

Chicago

Friends of the Earth International. apac_english_2017-web-dfe4e37f5efe8669.pdf. n.d. https://www.foei.org/wp-content/uploads/2017/10/APAC_english_2017-WEB.pdf.

Wikipedia

{{cite report |author=Friends of the Earth International |title=apac_english_2017-web-dfe4e37f5efe8669.pdf |url=https://www.foei.org/wp-content/uploads/2017/10/APAC_english_2017-WEB.pdf |access-date=17 August 2026 |via=Climate Insights Directory}}

BibTeX

@techreport{friendsoftheearthinternationalndapacenglish2017webdfe4e37f5efe8669pdf, author = {{Friends of the Earth International}}, title = {{apac\_english\_2017-web-dfe4e37f5efe8669.pdf}}, institution = {Friends of the Earth International}, url = {https://www.foei.org/wp-content/uploads/2017/10/APAC_english_2017-WEB.pdf}, urldate = {2026-08-17}, note = {Indexed by Climate Insights Directory} }