STRATEGIC FRAMEWORK ON A NATIONAL ACTION PLAN ON BUSINESS AND
HUMAN RIGHTS FOR MALAYSIA
DEVELOPING AN NAP ON BUSINESS AND HUMAN RIGHTS
V.
A. Essential Elements
31. There are a number of essential criteria that the development process and content of an NAP
on business and human rights should meet. In proposing the following essential criteria, the
Commission has relied on an authoritative guidance document issued by the UN Working Group
on business and human rights on how States should develop NAPs on business and human rights.34
The Commission’s recommendations have also been informed by input from a resource document
produced by the Danish Institute for Human Rights and the International Corporate Accountability
Roundtable on developing NAPs on business and human rights, and lessons learned from the
experiences of other countries.35
32. Recommendations: The Commission recommends that the Government ensure that the
development of Malaysia’s NAP on business and human rights meets the following essential
criteria: i.
That the Government commit to the goal of effectively responding to Malaysia’s business and
human rights challenges. This means that all commitments in the NAP should be directed
towards preventing, mitigating and remedying current actual and potential human rights
impacts.
ii. That the Government use the Guiding Principles as the foundational reference point for
formulating the NAP
iii. That the Government ensure that there is adequate cross-governmental involvement in the
development of the NAP from the outset
iv. That the Government ensure that there are adequate resources allocated to the NAP process
from the outset
v. That the Government formulate the NAP’s action points based on credible evidence and
information and inclusive stakeholder input
vi. That the Government ensure transparency in the process of developing and implementing the
NAP including by publicly disclosing research findings, stakeholder submissions, outcomes of
stakeholder consultations, and information on the progress of implementation
vii. That the Government ensure that there is inclusive and informed participation of all relevant
stakeholders, including affected and vulnerable persons, groups and communities, in
developing and implementing the NAP
viii.
That the Government establish effective mechanisms to monitor the implementation
of the NAP
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ix. That the Government commit to an open-ended process of regularly reviewing and updating
the NAP