Chapter 1 – Report of the Policy, Law and Complaints Group
(i)
To introduce the UNGP to the relevant stakeholders related to business activities in
Malaysia;
(ii)
To enhance understanding on how the UNGP can be implemented in practical terms;
(iii) To identify, exchange, and promote good/best practises and lessons learned on the
implementation of the UNGP;
(iv) To provide an opportunity for various groups including the Government, GLCs, NGOs,
and other CSOs to express their concerns and perspectives on issues related to business
and human rights; and
(v)
To discuss possible collaborations with various stakeholders in promoting the agenda
on business and human rights in Malaysia.
The following issues and recommendations were highlighted by the participants of the RTDs:
(i)
Lack of Enforcement Powers
While there are ample laws to protect human rights, they are ineffective due to the
lack of enforcement powers.
(ii)
Gaps Between Legislation and Implementation of Court Decisions
There are gaps between policies, laws, and enforcement, resulting in tremendous
impacts at the local level especially among indigenous communities. There have been
several cases involving Native Customary Rights that have been decided in favour of the
indigenous communities. However, the relevant agencies appear to have disregarded
the decisions and failed to make the necessary adjustments to current practices so
as to reflect the court decisions.
(iii) Access to Information and Consultation
It is important for businesses to get proper and adequate consent from the local people
upon the commencement of new development projects that might affect them. It is the
responsibility of the businesses to ensure that the affected communities are included and
involved in the consultation process and provided with access to relevant information.
(iv) Licensing Procedures
It is important to determine the status of a piece of land prior to the issuance of a
licence so as to avoid the issuance of licences on NCR land. In cases where licences
have been issued on NCR land, the ongoing projects should be suspended and proper
consultations carried out to prove that the land is not NCR land.
(v)
Accessibility
It is the duty of the State as well as its agencies to provide its people with access to
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