Chapter 1 – Report of the Policy, Law and Complaints Group The following were among issues that were discussed: (i) Soft Law vs. Hard Law Approaches Concerns were raised in relation to the effectiveness of soft law approaches in addressing corporate human rights violations. Many suggested that soft laws are merely guidelines that are not legally binding and therefore may not easily gain adherence from businesses. However, it was emphasised that the soft law approach is something that needs to be explored further, as the hard law approach has its own limitations and involves many technicalities, for example the onus of proof, access to documents, and the holding of subsidiaries issues. Hard law should be the last option, if the soft law mechanism is unable to address businesses’ human rights violations. The soft law approach could also help to influence businesses’ understanding of how their behaviour and activities may have adverse impacts on the rights of the people/ community, which in turn would make the businesses more responsible and accountable in handling human rights issues or conflicts. The UNGP as well as the OECD guidelines are examples of soft laws and they are good mechanisms to be used especially by the Government in dealing with conflicts between businesses and victims. In some circumstances the conflict can be resolved through mediation or consultation, and sometimes an apology is sufficient remedy for the victims. (ii) Ownership of the NAP The ownership of the NAP on business and human rights should be with the Government as Government agencies are responsible for monitoring the activities of businesses and ensuring that they do not infringe human rights. It was proposed that the Prime Minister’s Department lead the process of developing the NAP, and that the Department coordinate the setting up of an inter-agency committee for this matter. (iii) Investment and Trade Agreements It is important for the Government to strike a balance between the need to attract foreign investors and its duty to protect human rights as encapsulated in the first pillar of the UNGP. The Government should retain adequate policy and legislation in order to protect human rights. (d) RTD on Promoting Business and Human Rights in Sabah and Sarawak In furtherance of its effort to mainstream the agenda on business and human rights, the Commission organised two RTDs on “Promoting Business and Human Rights in Malaysia” in Sabah and Sarawak on 2 and 3 September respectively with the following objectives: 39 BOOK-ANR2016-01-latest.indb 39 08/04/2016 3:32 PM