STRATEGIC FRAMEWORK ON A NATIONAL ACTION PLAN ON BUSINESS AND
HUMAN RIGHTS FOR MALAYSIA
91. Recommendations. The Commission therefore recommends that:
i.
The Government undertake the development of solutions for ensuring that its trade and
investment agreements do not adversely impact human rights. This could involve participating
in ongoing stakeholder dialogues on the issue.
ii. The Government review existing policies on trade and investment and adopt appropriate
reform
iii. The Government account to the public on how it is addressing human rights risks and impacts
during negotiations on trade and investment agreements, including through transparency
measures and stakeholder consultations
Relevant Government bodies: MITI
Guiding Principle 10
States, when acting as members of multilateral institutions that deal with business-related
issues, should:
(a) Seek to ensure that those institutions neither restrain the ability of their member States
to meet their duty to protect nor hinder business enterprises from respecting human rights;
(b) Encourage those institutions, within their respective mandates and capacities, to
promote business respect for human rights and, where requested, to help States meet their
duty to protect against human rights abuse by business enterprises, including through technical
assistance, capacity-building and awareness-raising;
(c) Draw on these Guiding Principles to promote shared understanding and advance
international cooperation in the management of business and human rights challenges.
(14)
Integrate business and human rights considerations in the activities of multilateral institutions
that deal with business-related issues, such as the ASEAN institution and MDBs like the Asian
Infrastructure Investment Bank (AIIB)
92. Malaysia is a member of a range of multilateral institutions that deal with business-related issues,
such as ASEAN, the Organisation of the Islamic Conference, the WTO and MDBs. The Government
should implement Guiding Principle 10 in relation to all these institutions.
93. Crucially, business and human rights should be a priority issue for ASEAN. Efforts towards regional
economic integration and the ASEAN Economic Community by 2015 mean that business-related
human rights impacts will increasingly have regional implications. Increasing intra-ASEAN flow
of goods, services, labour and capital, the integration of industries across the region to promote
regional sourcing and the inter-relatedness of the economic policies of ASEAN countries mean
that business and human rights issues will have regional impacts, be shaped by regional forces
and require regional cooperation and action.96 This can already be seen from existing regional
challenges such as human trafficking, migrant labour and transboundary haze pollution.
94. Business and human rights should be integrated in the ASEAN Community’s Post-2015 Vision.
29