CHAPTER 1 change (Goal 13), poor health (Goal 3), and poverty (Goal 1). It was raised that the terms of the TPPA should also be in line and in accordance with the goals and targets of the SDGs which have already been accepted by the Government. Based on the discussion during the RTD, the Commission forwarded the following recommendations for the consideration of the Government: • Ensure Malaysia’s Investment and Trade Agreements do not Adversely Impact Human Rights Recommendation 17 of the Strategic Framework on a NAP on Business and Human Rights (the Commission’s Document on Business and Human Rights which was submitted to the Prime Minister’s Department on 24 March 2015) provides that States cannot ignore their human rights obligations in the conclusion of any trade or investment agreement. Economic agreements concluded by the Government, either with other States or with business enterprises – such as bilateral investment treaties, free-trade agreements, or contracts for investment projects – create economic opportunities for the Government but they can also affect the domestic policy space of the Government. For example, the terms of international investment agreements may constrain the Government from fully implementing new human rights legislation, or put the Government at risk of binding international arbitration if it does so. Therefore, the Government should ensure that it retains adequate policy and regulatory ability to protect human rights under the terms of such agreements, while providing the necessary investor protection. • Meaningful Consultations with the Stakeholders Given the very limited time since the release of the actual text of the TPPA on 5 November 2015 by the Government, the Commission recommends that more meaningful consultations and time are allocated for stakeholders to evaluate and consult with independent experts for a better and deeper understanding of the TPPA text. In addition, as the TPPA would have significant impact on Malaysia, there must be more active discussions on the provisions and implications, as well as meaningful consultations, before the Government makes any decision on the signing or ratification of the TPPA. • Establishment of a Parliamentary Select Committee on the TPPA The Commission welcomes the Government’s decision to establish a Parliamentary Caucus on the TPPA. However, the Commission was given to understand that, due to its limited mandate, the Caucus was only involved 24 SUHAKAM ANNUAL REPORT 2016 suhakam 2new.indd 24 3/23/17 5:54 PM

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