CHAPTER 1
change (Goal 13), poor health (Goal 3), and poverty (Goal 1). It was raised
that the terms of the TPPA should also be in line and in accordance with the
goals and targets of the SDGs which have already been accepted by the
Government.
Based on the discussion during the RTD, the Commission forwarded the
following recommendations for the consideration of the Government:
•
Ensure Malaysia’s Investment and Trade Agreements do not Adversely
Impact Human Rights
Recommendation 17 of the Strategic Framework on a NAP on Business and
Human Rights (the Commission’s Document on Business and Human Rights
which was submitted to the Prime Minister’s Department on 24 March 2015)
provides that States cannot ignore their human rights obligations in the
conclusion of any trade or investment agreement.
Economic agreements concluded by the Government, either with other
States or with business enterprises – such as bilateral investment treaties,
free-trade agreements, or contracts for investment projects – create
economic opportunities for the Government but they can also affect
the domestic policy space of the Government. For example, the terms of
international investment agreements may constrain the Government from
fully implementing new human rights legislation, or put the Government
at risk of binding international arbitration if it does so. Therefore, the
Government should ensure that it retains adequate policy and regulatory
ability to protect human rights under the terms of such agreements, while
providing the necessary investor protection.
•
Meaningful Consultations with the Stakeholders
Given the very limited time since the release of the actual text of the TPPA
on 5 November 2015 by the Government, the Commission recommends
that more meaningful consultations and time are allocated for stakeholders
to evaluate and consult with independent experts for a better and deeper
understanding of the TPPA text. In addition, as the TPPA would have
significant impact on Malaysia, there must be more active discussions on
the provisions and implications, as well as meaningful consultations, before
the Government makes any decision on the signing or ratification of the
TPPA.
•
Establishment of a Parliamentary Select Committee on the TPPA
The Commission welcomes the Government’s decision to establish a
Parliamentary Caucus on the TPPA. However, the Commission was given to
understand that, due to its limited mandate, the Caucus was only involved
24 SUHAKAM ANNUAL REPORT 2016
suhakam 2new.indd 24
3/23/17 5:54 PM