STRATEGIC FRAMEWORK ON A NATIONAL ACTION PLAN ON BUSINESS AND HUMAN RIGHTS FOR MALAYSIA from affected stakeholders. In determining the appropriate policy and regulatory measures to adopt, the full range of operational Guiding Principles should be considered. Ensuring access to effective remedy should be a key component of all such efforts. The Government should consider the roles of multi-stakeholder and non-governmental initiatives. The Government should consider establishing a cross-governmental and/or multi-stakeholder working group to formulate actions for each thematic issue and sector. Relevant federal and state government bodies may include and are not limited to the following: § § § § § § § Prime Minister’s Department Migrant workers and forced labour: Ministry of Human Resources (MOHR), Ministry of Foreign Affairs (MOFA) and Ministry of Home Affairs (MOHA) Trafficking: MOHA and Council for Anti-Trafficking in Persons and Anti-Smuggling of Migrants (MAPO) Gender discrimination and child labour: Ministry of Women, Family and Community Development (MWFCD) Plantations sector: Ministry of Agriculture and Agro-based Industry, Ministry of Energy, Green Technology and Water, Ministry of Science, Technology and Innovation. Also: Malaysian Palm Oil Board (for issues relating to the palm oil sector) Land and environmental rights: Ministry of Natural Resources and the Environment (MNRE), the Ministry of Transport (where physical transport infrastructure is involved) and relevant state-level land authorities Overseas human rights impacts of Malaysian companies: Ministry of International Trade and Industry (MITI), Malaysian Investment Development Authority (MIDA), Ministry of Domestic Trade, Co-operatives and Consumerism (2) Actively implement and monitor corporate compliance with international standards for responsible business conduct by adhering to the OECD Guidelines for Multinational Enterprises 45. In Malaysia, despite mandatory CSR reporting by listed companies and non-binding regulatory guidance on sustainability and corporate responsibility, many companies still define corporate responsibility as philanthropy. Fostering corporate respect for human rights among Malaysian companies will require measures more robust than voluntary self-regulation. However, more interventionist regulation such as legislating standards for responsible business conduct may at this time impose unrealistic burdens on companies. 46. The OECD Guidelines strike a unique balance between purely voluntary self-regulation and a more interventionist regulatory approach. They are the only standard requiring adhering governments to implement them by establishing a National Contact Point. The NCP is required to promote the OECD Guidelines, encourage compliance and provide a mechanism for complaints regarding corporate misconduct. 47. Hence, the OECD Guidelines are an important instrument for Malaysia’s context, even as Malaysia is translating the ISO 26000 into a national standard. The OECD Guidelines and the ISO 26000 both provide non-binding and fairly detailed standards for responsible business conduct, are 16

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