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:
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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
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