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 11 ix. That the Government commit to an open-ended process of regularly reviewing and updating the NAP

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