STRATEGIC FRAMEWORK ON A NATIONAL ACTION PLAN ON BUSINESS AND HUMAN RIGHTS FOR MALAYSIA PREFACE The Human Rights Commission of Malaysia (the Commission) started to formally look into the area of business and human rights in 2010. Prior to that, the Commission’s involvement in the issue of business of human rights was rather incidental through, among others, addressing complaints involving allegation of infringements of a wide range of human rights related to business operations, including on gender discrimination in employment, exploitation of migrant workers, forced labour, employment, indigenous peoples’ rights and environmental rights. Since 2010, the Commission has given greater attention and priority to the area of business and human rights and has carried out a number of activities which focussed specifically on this issue including a series of forum and roundtable discussions with stakeholders on Business and Human Rights; research; the National Inquiry on the Land Rights of Indigenous People in Malaysia and investigating allegations of infringements of rights impacted by business activities. One key finding from the Commission’s activities on business and human rights is the lack of awareness and recognition of the role and obligation of business entities to ensure that their operations do not in any way lead to human rights abuses. In addition, the Commission observes that while the business entities are accustomed to the concept of Corporate Social Responsibility (CSR), many were not very familiar with the United Nations Guiding Principles on Business and Human Rights (Guiding Principles), which is undoubtedly an important and useful document to promote corporate responsibility to respect human rights. The Commission further notes that the Government plays a significant role in driving the business entities to respect human rights. The Government as the custodian of human rights is in the position to formulate a clear direction for business entities to incorporate human rights in their business activities. Such a clear direction will ensure that business entities respect human rights in conducting their business activities. And in cases where business activities have resulted in infringement of rights, the Government and the business entities should ensure the availability of effective remedial mechanisms for the victims of business-related rights infringement. Prompted by these findings, the Commission notes the need to create awareness on areas of business and human rights and opines that one of the best measures is to recommend that the Government formulate a National Action Plan on Business and Human Rights. Section 4(1) of the Human Rights Commission of Malaysia Act 1999 encapsulates the functions of the Commissions which include, to advise and assist the Government in formulating legislation and administrative directives and procedures and recommend the necessary measures to be taken. Acting under this mandate, the Commission in 2014, in partnership with the United Nations Country Team (UNCT) in Malaysia succeeded in a bid for a grant from the Foreign and Commonwealth Office (FCO) to undertake a project focussing on business and human rights. The objective of the project, which commenced in July 2014, is to formulate and propose a framework for a national plan of action towards the adoption and implementation of the Guiding Principles by both State and non-State actors in Malaysia. The Strategic Framework on a National Action Plan (NAP) on Business and Human Rights for Malaysia is the output of the project. i