Prisma Application as a Measuring Instrument of Corporate Obligations to Respect Human Rights

Abstract

The obligation of corporations to uphold human rights is a legal duty, as articulated in the UN Framework Protect, Respect, and Remedy on Business and Human Rights, which, while not a binding convention, is recognized as a source of customary international law due to widespread adherence among nations. This paper will focus on how states implement this resolution and ensure corporate compliance rather than discussing the UN resolution itself. In September 2014, Indonesia introduced the draft National Action Plan (NAP) for Business and Human Rights, which has yet to be legislated. However, the government has enacted policies to ensure that corporations respect human rights in their operations. In 2021, the Ministry of Law and Human Rights launched the PRISMA application (Business Risk Assessment and Human Rights) to help corporations assess potential human rights violations in their activities. This article aims to evaluate whether PRISMA can effectively measure the state’s duty to protect and corporate compliance with human rights from a due diligence perspective.

Keywords

• business and human rights
• due diligent
• human rights