STRATEGIC FRAMEWORK ON A NATIONAL ACTION PLAN ON BUSINESS AND
HUMAN RIGHTS FOR MALAYSIA
forms of Cruel, Inhuman or Degrading Treatment or Punishment, International Convention
on the Protection of the Rights of All Migrant Workers and Members of their Families,
International Convention for the Protection of All Persons from Enforced Disappearance, and
their optional protocols
iv. The Government sign and ratify the ILO core conventions Malaysia has not ratified, namely,
Convention 87 on freedom of association and protection of rights to organise, Convention
105 on the abolition of forced labour, and Convention 111 on discrimination in respect of
employment and occupation
Relevant Government bodies: MOFA, Attorney-General’s Chambers (AGC) and the involvement of
other ministries through inter-ministerial or cross-governmental consultations.
(5) Promote corporate reporting and disclosure of human rights due diligence and human rights risks
and impacts
59. Requiring and encouraging companies to be transparent about their human rights risks and
impacts, and the due diligence measures they are taking to address them, will help build a
regulatory environment that fosters corporate accountability for human rights impacts. This
is highly relevant to Malaysia’s achievement of the SDGs. At the June 2012 UN Conference on
Sustainable Development, governments affirmed that corporate sustainability reporting plays an
important role in sustainable development, as it “creates the enabling conditions for the business
sector to contribute to sustainable development.”58
60. Corporate sustainability or CSR reporting has been defined to include the reporting of information
on human rights-related due diligence, risks and impacts. For example:
(a) A 2008 amendment to the Danish Financial Statements Act obliges all large companies to
disclose in their annual reports their CSR policies, how these policies are translated into action
(including any systems or procedures used), and what the company has achieved as a result
and any future expectations.59 In 2013, new legislation was introduced making it mandatory
for businesses to expressly account for their policies for respecting human rights and reducing
their climate impact.60
(b) A recent amendment to the French Commercial Code strengthens existing requirements for
companies to, in their annual reports, report on the social and environmental consequences
of their activities. The amendment “increases the amount of information required” in
accordance with the ISO 26000, the Global Compact principles, the Guiding Principles, the
OECD Guidelines and the GRI.61 Notably, all the above mentioned international standards
have express human rights criteria.
(c) The European Commission has, as described in a report by the Institute for Human Rights and
Business, proposed legislation that would make it mandatory for large companies to, through
a ‘comply or explain’ approach, report “relevant and material information on policies, results,
risks, and risk management efforts pertaining to respect for human rights, as well as other
environmental, social, and governance issues.”62
20