CHAPTER 4 - REPORT OF THE ECONOMIC, SOCIAL AND CULTURAL RIGHTS WORKING GROUP To prepare for the workshop which will be held in 2011, a series of three RTDs – respectively with Government agencies, NGOs and community-based organisations, and private businesses – was planned. Each thoroughly discuss four topics in relation to business – human rights, anti-corruption measures, labour rights and the environment.6 The first two RTDs were held on 2 September and 1 November respectively. At the time of writing, the ECOSOCWG is preparing for the third RTD in early 2011 with private businesses and GLCs, to be followed by the workshop. The discussions at the RTDs with Government agencies and civil society organisations raised a number of issues under the four topics identified. (i) (ii) Business and human rights • The rights of IPs became the focus of discussion because of the adverse effects of development and plantation activities carried out by private businesses on land to which native customary rights are exerted. In many instances, the IPs were dispossessed of their land, which simultaneously resulted in the loss of their source of sustenance and livelihood. As such, crucial issues like the inherent rights of IPs to native land; the need for free, prior and informed consent to development; and protection before the law were discussed. • It was pointed out that the Government should ratify the ICESCR and ICCPR, as well as ensure that local laws are in line with international human rights standards. • Additionally, the Government should put in place a policy – to be observed by private businesses – that strictly respects the rights of individuals and groups such as the IPs, who may be affected by development and plantation activities. Business and anti-corruption measures • While it was noted that the Government has established the Malaysian Anti-Corruption Commission, everyone in society has a duty to combat corruption. • 6 It was felt that corruption is prevalent in both the public and private spheres. Yet, data provided to the public does not adequately reflect the reality in Malaysia. It was stressed that full and accurate disclosure is imperative so that effective measures can be taken by all to ensure a corruption-free society. The four areas were based on the United Nations Global Compact’s 10 Principles in the area of business and human rights; anti-corruption; labour rights; and environment. See UN Global Compact website at http://www.unglobalcompact.org/AboutTheGC/TheTenPrinciples/index.html 72