STRATEGIC FRAMEWORK ON A NATIONAL ACTION PLAN ON BUSINESS AND HUMAN RIGHTS FOR MALAYSIA (a) Lack of information. Individuals and communities affected by adverse business-related human rights impacts often lack information about (i) their legal rights and human rights and the legal and human rights obligations of those responsible for the adverse impacts, (ii) the facts surrounding and giving rise to the adverse human rights impacts, including information about the business actors and activities involved, and in relation to the impacts of development projects, the purpose and requirements for ESIAs and other project-related information, (iii) the grievance mechanisms available to them, and (iv) how to access and use available grievance mechanisms. (b) Lack of capacity. Affected individuals and communities often lack the financial and technical resources to bring claims and complaints to formal grievance mechanisms. (c) Risks of reprisals and intimidation. Affected individuals and communities, their representatives, advocates and human rights defenders, have often faced reprisals, threats and intimidation intended to deter them from pursuing claims and raising complaints. 108. To address the lack of information and capacity, the Government should consider conducting awareness-raising and capacity-building activities with all relevant stakeholders, such as affected persons, NGOs and journalists. The pool of relevant stakeholders differs depending on the business and human rights issue in question. For example, in relation to migrant workers, the Government should strengthen its ongoing efforts to collaborate with embassies on such activities. 109. Non-State-based non-judicial grievance mechanisms tend to be overlooked. Such mechanisms include OECD NCPs and the accountability mechanisms of MDBs and other international finance institutions that support development and investment projects in Malaysia. The Government should help raise awareness of these non-State-based non-judicial grievance mechanisms. 110. To address risks of retaliation, the Whistleblower Protection Act 2010 may provide protection to victims, advocates, human rights defenders and journalists that raise grievances. The Government should consider raising awareness of the Whistleblower Protection Act 2010, and other existing victim protection mechanisms. 111. Vulnerable and marginalised individuals and groups are additionally disadvantaged by social, economic and political power imbalances. For example, indigenous communities consulted by the Commission report that their complaints on business-related human rights impacts have often gone unheeded by relevant government departments and agencies, the police, as well as parliamentary members.108 As another example, migrant workers face serious practical barriers to remedy in bringing complaints to the Labour Department and Industrial Relations Department, and in staying in the country in order to pursue administrative claims and litigation.109 112. Recommendations: 35 i. That the Government take effective measures, both generally and in relation to specific