Key Issues
In 2014, the Commission presented the proposal to the Minister of Home Affairs who supported
the initiative and requested the Commission to work with the Department of Immigration.
Subsequently, a working group was formed to study and make recommendations with respect
to various Alternatives to Detention (ATD) models. The members of the working group are
the Department of Immigration, the Commission, the Attorney General’s Chambers, the
Welfare Department and civil society groups including SUKA Society, Yayasan Chow Kit and
International Detention Coalition. The working group has agreed to initiate a pilot project where
unaccompanied minors/children will be the priority.
7. BUSINESS AND HUMAN RIGHTS
In 2011, the UN Human Rights Council adopted the Guiding Principles on Business and
Human Rights (UNGP). The principles outline the State and the business sector’s duties and
responsibilities to protect, promote and respect human rights. Through these principles,
companies globally have increasingly been given the mandate to demonstrate that they respect
human rights through their operations or business relationships.
While States have the primary obligation to ensure the promotion and protection of human
rights, business entities as organs of society also have the duty to promote and secure the rights
as outlined in the Universal Declaration of Human Rights (UDHR). Today, businesses cannot be
successful in addressing human rights risks without joint efforts with Governmental bodies and
NGOs, both nationally and globally.
Business activities create considerable impact on the lives of peoples and their rights. For
instance, activities carried out by forest-based plantations may present major impact on the
rights of Indigenous Peoples residing in the affected areas as well as the environment. There
are numerous examples of business success through human rights, but how can such ‘win-win’
situations be achieved?
Many significant campaigns have been carried out by civil society organisations nationwide to
prevent human rights violations by the business sectors. The UN and other international bodies
have developed various frameworks that adopt human rights standards for business entities.
Currently, there appears to be an increase in the number of business entities that have begun
to integrate human rights considerations into their business decisions. Many leading business
entities have initiated plans and put international mechanisms in place to address the impact
of their business activities on human rights, for example by striving to improve workplace
conditions, stop discrimination, eliminate child labour and so on. By integrating aspects of
human rights in their business activities, companies and other business entities will be able to
safeguard their reputation and brand image as well as foster greater productivity.
The Commission noted that in some parts of the world, certain Governments, such as that of the
United Kingdom, Denmark and the Netherlands, have introduced the National Action Plan on
Business and Human Rights in order to implement and give effect to the principles under UNGP.
Guided by the effectiveness of the above National Action Plans on Business and Human Rights, in
2014, the Commission and the United Nations Country Team (UNCT) in Malaysia collaborated in
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