Chapter 3- Report of the Research and Policy Development Group
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IP believe that the companies have been able to easily manipulate them due to their
own lack of education and understanding of human rights. It was also alleged that the
companies had forged the signatures of IP in pursuing business activities.
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While IP had lodged reports with the relevant government agencies, they claimed
that there has been no action and that their NCR rights have not been recognised.
They also said they have limited access to remedy, especially through a non-judicial
grievance mechanism.
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On a positive note, most of the plantation and logging companies have developed best
practices in handling alleged human rights violations arising from their operations,
especially in relation to migrant workers.
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Most companies, such as Sime Darby Plantation Sdn Bhd, United Plantation Sdn Bhd
and Genting Plantation Bhd, are members of the Roundtable on Sustainable Palm
Oil and are listed on Bursa Malaysia. This means they are already taking steps to
integrate CSR as an ancillary pursuit to business undertakings.
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The Commission was led to understand that the companies comply strictly with
domestic laws and procedures in matters involving land and IP.
The Commission’s Recommendations
These were made in two parts.
1.
2.
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The Commission’s role in addressing corporate human rights violations
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The Commission is to intensify its role in raising awareness of the impact of business
on human rights, and in promoting the Guiding Principles among corporations.
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The Commission is to conduct training and provide support to the management and
employees of companies on implementing human rights best practices in their daily
work.
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The Commission, in collaboration with other stakeholders, is to come up with a
monitoring mechanism on human rights violations in the corporate sector.
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The Commission is to act as mediator in addressing allegations of human rights
violations by companies.
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The Commission is to hold a watching brief in court cases relating to allegations of
human rights violations by companies.
Role of State and non-State actors
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The State is the primary duty-bearer in preventing human rights violations by third
parties, including companies. It should take steps to deter, investigate, punish and
redress such abuse through effective policies, legislation and regulations.