CHAPTER 1
key instrument in the implementation of the UNGP. Therefore, it is believed
that such a NAP may:
i)
Set out Malaysia’s business and human rights objectives, for both the
domestic and international spheres;
ii)
Detail the means by which the Government will comply with the
State’s duty to protect human rights and to support the business
sector in its obligation to respect human rights, both domestically and
transnationally;
iii) Identify priorities for action and make concrete and measurable
commitments across all areas of Malaysian business, trade, and
investment policy that impact on human rights;
iv) Identify ways in which remedy and grievance mechanisms could be
strengthened or made more effective; and
v) Include means of measuring progress, such as milestones for delivery,
regular reporting cycles, and/or performance indicators.
In Malaysia, the integration of human rights in business activities has
surely begun. This can be seen by the fact that there are more than fifty
businesses, including small and medium enterprises, that are members of
the UN Global Compact, and thereby are committed to adhering to the UN
Global Compact’s Ten Principles, which include human rights. In addition,
over a hundred and twenty Malaysian companies are members of the
Roundtable on Sustainable Palm Oil (RSPO) and thereby are committed to
following the UN Universal Declaration of Human Rights (UDHR). As such, a
NAP will assist businesses to better navigate their obligations and avoid their
business activities from violating human rights while operating in Malaysia
and other jurisdictions. It is in the best interest of businesses to maintain their
reputation as good corporate citizens that comply with human rights in
their operations at home and abroad.
The Commission believes that the proposed NAP should also be supported
with the effective enforcement of existing laws that regulate the actions
of business enterprises. As such, the Commission reiterates that while the
Government cannot be held responsible per se for any human rights
abuses perpetrated by business enterprises, the Government may still be
in breach of its human rights obligations if the abuses were the result of
the Government’s failure to take appropriate steps to prevent, investigate,
punish, and redress private actors’ abuses.
The Commission is also of the view that in order to successfully develop the
NAP, the Government would need the support of stakeholders especially
business corporations. In relation thereto, during the year the Commission
held a series of discussions and engagements with several companies such
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