Chapter 1 – Report of the Policy, Law and Complaints Group
also provides policy direction for the formulation of a NAP on business and human rights
for Malaysia, with a view towards promoting greater respect for human rights by State and
non-State actors including businesses, civil society, and individuals and groups affected by
the adverse impacts of business activities on human rights. The objective of the NAP is to
address the challenge of properly managing such adverse impacts, in order to ensure that
Malaysia’s transformation into a fully developed country is undertaken in a sustainable manner.
The Strategic Framework and its recommendations are based on the following understandings:
(i)
That the State and the business sector have complementary but differentiated
roles with regard to human rights. Corporate respect for human rights requires the
independent action of businesses themselves. At the same time, the State should
provide an appropriate regulatory and policy environment to foster corporate respect
for human rights.
(ii)
That a root cause of the prevalence of business-related human rights abuses around
the world has been the practice by governments of isolating their processes for
regulating human rights compliance away from, or at the periphery of, their processes
for regulating business and economic activities. The integration of both these types
of processes is needed.
(iii) That while it is the governments that have the legitimacy, capacities, and resources to
make the difficult balancing decisions required to reconcile competing societal needs,
the occurrence of business-related human rights abuses signals that more needs to
be done to get the balance right.
(iv) That it is essential for a process to develop a NAP on business and human rights to
be Government-owned and led, and for the NAP be formulated based on adequate,
informed, and inclusive stakeholder consultations.
In addition, with regard to practical ways in which the Strategic Framework may be used by
Government and non-Government actors, the Commission recommends:
(i)
For Government Actors
•
That the Strategic Framework be used to identify and engage relevant ministries
and agencies to participate in a cross-Governmental effort to develop the NAP; and
•
Recognising that an initial NAP may not be able to address all the policy objectives
identified, that the Strategic Framework nevertheless be presented for stakeholder
consultations and given full consideration before selecting the policy areas to
address in the initial NAP.
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