STRATEGIC FRAMEWORK ON A NATIONAL ACTION PLAN ON BUSINESS AND HUMAN RIGHTS FOR MALAYSIA § Ensure that migrant workers who are victims of forced labour have access to effective judicial remedy (Guiding Principle 26) and provide effective administrative complaints processes to facilitate their claims (Guiding Principle 27) 39. States have also used regulatory innovations to address the overseas human rights impacts of their businesses. Examples of the regulatory tools used include: § § § Enacting extraterritorial legislation penalising certain corporate conduct even when conducted overseas (Guiding Principle 3a). For example, Singapore’s 2014 Transboundary Haze Pollution Act applies to entities whose conduct causes or contributes to transboundary haze pollution in Singapore, regardless of whether these entities have a connection to Singapore44 Requiring businesses to report on their overseas human rights impacts, including that of their overseas subsidiaries (Guiding Principle 3d)45 Including business and human rights in the agendas of overseas missions, including trade missions, by, for example, encouraging these missions to brief businesses and government ministers on the human rights implications of business operations. This is a form of fostering policy coherence (Guiding Principle 8).46 40. Access to remedies should be an essential issue to be included in any effort to address specific business and human rights challenges. 41. In addressing these specific business and human rights challenges, the Government should also collaborate with and support relevant multi-stakeholder, private sector and non-governmental initiatives. In relation to the palm oil sector, for example, the Government has been promoting and providing support to the RSPO. It could also encourage Malaysian palm oil companies to use recently-issued civil society guidance on fair labour and human rights in the palm oil sector,47 or publicise good practice examples by companies, such as a “sustainability dashboard” by the world’s largest palm oil trader that lists the names and locations of its palm oil suppliers in Malaysia and Indonesia.48 42. Addressing adverse business-related human rights impacts in relation to thematic issues and sectors is a significant endeavour. The government should consider establishing a crossgovernmental and/or multi-stakeholder working group to address individual thematic issues and sectors included in the NAP. 43. The Strategic Framework does not identify the priority thematic issues and sectors that the NAP should address. These should be identified through a Government-led process of assessment and broad-based multi-stakeholder consultations. 44. Recommendation: The Commission therefore recommends that a Malaysian NAP on business and human rights should identify and take action in relation to specific thematic issues and sectors, considering both domestic and overseas impacts. These actions should be based on an adequate understanding of the nature and causes of the relevant adverse human rights impacts, with input 15