STRATEGIC FRAMEWORK ON A NATIONAL ACTION PLAN ON BUSINESS AND HUMAN RIGHTS FOR MALAYSIA business and human rights issues, to address the key underlying barriers to remedy of lack of information, lack of capacity and risks of reprisals. Such measures could include strengthening and raising awareness about existing legislation relating to whistleblower protection. ii. That when addressing barriers to remedy, the Government devote efforts to identifying and addressing the particular barriers faced by affected vulnerable and marginalised individuals and groups. In particular, the Government should ensure that the principle of free, prior and informed consent set out in the UN Declaration on the Rights of Indigenous Peoples is adhered to, and assess whether the Native Courts are providing adequate access to effective remedy for indigenous communities. Potentially relevant Government bodies include: MACC and AGC Effectively address legal and administrative gaps that pose barriers to access to effective judicial remedy (16) 113. As the core of Malaysia’s system for remedy, the courts are tasked with upholding access to justice and are backed by enforcement powers. An effective and independent judicial system provides the greatest legitimacy, finality and momentum for any needed systemic change. 114. Examples of legal gaps that may pose barriers to effective judicial remedy include: § § § Absence of a legal basis (i.e. cause of action) for obtaining remedy for the particular wrongful conduct or harm suffered Even where there is a potential legal basis, the relevant legal provisions are too narrow in scope Legal limitations on imposing civil liability on a corporate entity. It may in some cases be necessary to sue a corporate entity rather than an individual company director or officer or other related person, when the latter has little assets. Even where a corporate entity can be criminally liable for the wrongful conduct in question, legal basis for liability for civil remedy may be absent or limited, and the criminal sanctions may be inadequate to meet the victims’ needs. 115. Generally, examples of administrative gaps that may pose barriers to effective judicial remedy include lengthy court processes due to a backlog of cases and challenges to enforcement of judgments. 116. Recommendation: That the Government identify and effectively address the legal and administrative gaps that pose barriers to effective judicial remedy both generally and in relation to specific business and human rights issues. In doing so, the Government should consider all relevant judicial mechanisms, such as the Industrial Court, Labour Court and Specialised Construction Courts, as well as judicial mechanisms at both federal and state levels. Relevant Government bodies include: The Judiciary 36