5 When businesses are directly causing adverse human rights impact – in this case wage theft – immediate action must be taken to cease or prevent the impact. If the wages are being withheld or denied by its suppliers or partners, companies should firstly ensure they are not playing a contributing role, and then use its leverage to ensure remediation. Businesses should engage with external stakeholders including government, civil society, National Human Rights Institutions and workers associations to ensure effective implementation of its remediation actions. Collective actions for example industry collaborations, trade associations and industry coalitions are deemed more effective than individual business responses to tackling systemic challenges of wage theft. TRANSITIONAL JUSTICE MECHANISM – ROLE OF BUSINESS Support calls for the establishment of International Claims Commission and Contribute to Wage Compensation Fund The current crisis is an opportunity for businesses to express their commitment to respect human rights. Upholding migrant workers’ rights is a collective responsibility to shaping a better world post pandemic. Businesses need to demonstrate their efforts to do the right thing by upholding the principles of internationally recognized human rights to the greatest extent possible, adhering to the UNGPs and complying with national laws. Civil society is, therefore, calling upon businesses to support its appeal for the establishment of an International Claims Commission as a specialized international quasi-legal body to adjudicate on cases related to wage theft and other outstanding claims of migrant workers on an expedited basis9. The Commission will provide for a flexible and robust remedial system to ensure repatriated migrant workers have access to an affordable, accessible and expedited justice mechanism without fear of reprisal. It will oversee legitimate cases of wage theft and make compensations to migrant workers from the Wage Compensation Fund – established from voluntary monetary contributions by the government, private contributions, businesses and philanthropic foundations. Recommendations In this crisis businesses should foster a race to the top on questions of corporate responsibility. It should consider the impact of their decisions and actions on workers and have meaningful consultation with their representatives and other relevant stakeholders to address and resolve grievances. Businesses should consider the following recommendations – - 9 Establish operational-level grievance mechanism – Businesses should establish independent and confidential complaints mechanism for migrant workers to raise concerns of wage theft. The mechanism should serve to document cases of wage theft and provide effective remedies. The mechanism should be independent and enable migrant workers to file claims without fear of retaliation, intimidation, harassment or discrimination. A comprehensive report on Effective Operational-level Grievance Mechanism by International Commission of Jurists can be accessed – here https://mfasia.org/appeal-no-2-urgent-justice-mechanism-for-repatriated-migrant-workers-now/