STRATEGIC FRAMEWORK ON A NATIONAL ACTION PLAN ON BUSINESS AND
HUMAN RIGHTS FOR MALAYSIA
I.
EXECUTIVE SUMMARY
1.
This Strategic Framework both explains the rationale and provides an outline for the development
of an NAP to ensure business conduct that respects human rights. The objective of the NAP
would be to address the challenge of properly managing the adverse impacts of business
activities on human rights, to ensure that Malaysia’s transformation into a fully developed country
is undertaken in a sustainable manner. The strategy recommended is to use all areas of the
Government’s regulation of and interactions with business and economic activities as avenues for
ensuring corporate respect for human rights. It identifies what these areas are and, for each area,
proposes concrete and achievable actions that can be taken.
2.
To move forward with this bold effort, unity in purpose and commitment across a range of
government departments is needed. The increasing urgency of meeting Vision 2020’s goal of
becoming a fully developed nation by 2020, the looming milestone of ASEAN economic integration
by 2015 and the unveiling of the post-2015 Sustainable Development Goals (SDGs) in the same
year present an unprecedented convergence of forces and a focal goal for driving and uniting this
cross-governmental endeavour.
3.
The Strategic Framework and its recommendations are based on the following understandings:
4.
1
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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.
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That a root cause of the prevalence of business-related human rights abuses around the
world has been the siloing by governments of 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.
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That while it is 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.
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That it is essential for a process to develop an NAP on business and human rights to be
Government-owned and led, and that the NAP be formulated based on adequate, informed
and inclusive stakeholder consultations.
The Strategic Framework recommends that the NAP use the Guiding Principles as its foundational
reference. The culmination of six years of in-depth research, extensive multi-stakeholder
consultations and practical road-testing, the Guiding Principles provide practical guidance on how
States can provide the appropriate policy and regulatory environment to foster corporate respect
for human rights. The Guiding Principles identify the different areas where States interact with
businesses and articulate how these areas can be used as avenues for ensuring corporate respect
for human rights. They also draw attention to a wide range of regulatory tools that governments