Chapter 3 - Report of the Research and Policy Development Group
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The importance of an updated database was stressed to serve as a baseline in
developing policies or laws to resolve issues linked to the rights of older persons.
(c) Business and Human Rights
Traditionally, the delivery of human rights has been
the responsibility of the State. But the rapid growth of
corporations and the impact of business on the lives of
people have given rise to global debate on the roles and
responsibilities of the business sector with regard to
human rights.
In June 2011, the Human Rights Council had adopted
the United Nations Guiding Principles on Business
and Human Rights (‘the Guiding Principles’). These
were developed by Professor John Ruggie, the Special
Representative of the UN Secretary-General on Business
and Human Rights. They emphasise the duty of the State
to protect human rights; ensure that other actors respect
human rights; and ensure access to remedy in the case
of violation of rights.
Traditionally, the delivery of
human rights has been the
responsibility of the State.
But the rapid growth of
corporations and the impact
of business on the life of the
people have given rise to
global debate on the roles
and responsibilities of the
business sector with regard to
human rights.
In Malaysia, the impact of business activities on human rights is becoming clearer. Many
people are expressing concern about the arbitrary manner in which corporations carry out
their activities. Their level of understanding of human rights and social responsibilities, and
commitment to fulfilling these responsibilities, are still in their infancy. The Commission will
therefore work on stepping up awareness programmes for the business sector, including
government-linked companies.
(i)
SUHAKAM-RWI Research Project
In late 2012, the Raoul Wallenberg Institute of Human Rights and Humanitarian Law
(RWI) had given the Commission a grant to research ‘The Role of SUHAKAM in Addressing
Corporate Human Rights Violations: A Study on Logging and Plantation Industries in
Malaysia’. The Commission selected the topic in light of issues raised during the National
Inquiry into the Land Rights of Indigenous Peoples in Malaysia (NI).
The Commission organised separate discussions with these industries and alleged victims
– mainly involving the indigenous community – to gather input. The report was submitted
to RWI on 19 December 2013, highlighting these findings:
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Indigenous Peoples (IP) alleged that plantation and logging companies have failed
to respect and acknowledge their Native Customary Rights (NCR) to land. On many
occasions, the companies had ignored or failed to consult the communities prior to
the start of operations, thereby breaching the principle of free, prior and informed
consent.
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