STRATEGIC FRAMEWORK ON A NATIONAL ACTION PLAN ON BUSINESS AND
HUMAN RIGHTS FOR MALAYSIA
process for identifying relevant human rights issues, for States to commit to addressing these
human rights issues, and for States to demonstrate their compliance with these commitments.
55. Also, international, regional and national human rights institutions help to identify the regulatory
gaps that may permit or contribute to adverse business-related human rights impacts. For
example, during the UPR, recommendations were made regarding business-related human rights
issues, such as the negative impacts that the TPP Agreement could have on access to medicines.55
Also, the Commission’s independent report on Malaysia’s compliance with the Convention on
the Elimination of All Forms of Discrimination against Women (CEDAW) identifies legislative and
potential regulatory gaps relating to the private sector and women’s rights, such as workplace
sexual harassment.56
56. Accordingly, ratification by the Government of other international human rights treaties will
increase the avenues in place for the credible identification of regulatory gaps that are permitting
or contributing to business-related human rights abuses in Malaysia. It is recommended that the
Government ratify and/or accede to the remaining international human rights conventions that
embody the range of human rights impacted by business activities.
57. The ministries tasked with effectively responding to the recommendations of these international,
regional and national human rights bodies should do so through transparent and consultative
processes, including disclosing their action plans and timelines. Further, the recommendations of
these human rights bodies, particularly the UPR process, tend to be framed in general terms that
relate to but do not specifically identify business and human rights issues. For example, during
the UPR process, broad recommendations were made regarding promoting the rights of women
and gender equality, and protecting the rights of migrant workers and indigenous peoples.57
Notwithstanding the broad framing of these recommendations, the relationship between these
issues and the corporate responsibility to respect human rights are important to note.
58. Recommendations: With the goal of improving the identification of and Government responses
to regulatory gaps, the Commission recommends that:
i.
The Government include business and human rights issues in its reporting to the UPR and the
treaty body processes.
ii. The Government improve the effectiveness, transparency and inclusiveness of its mechanisms
for responding to recommendations by international, regional and national human rights
bodies regarding business and human rights-related regulatory gaps. This should include
specifically considering the role of the private sector in addressing the human rights challenges
identified.
iii. The Government accede to the core international human rights conventions to which Malaysia
has yet to become party, namely, the International Covenant on Civil and Political Rights, the
International Covenant on Economic, Social and Cultural Rights, the International Convention
on the Elimination of all forms of Racial Discrimination, Convention Against Torture and other
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