173 action items recommended for Malaysia’s National Action Plan on Business and Human Rights on governance, labour and the environment

On 12 August 2024, the government of Malaysia published a 186-page report, National Baseline Assessment on Business and Human Rights in Malaysia, outlining key issues, developments, and gaps on business and human rights in Malaysia. Based on the United Nations Guiding Principles on Business and Human Rights 2011 (UNGPs), this the first time such an assessment has been done. It assesses the law, practices, and policies of the government and businesses.

I had the honour of leading a distinguished team of experts in researching and authoring the report: Dr. Tricia Yeoh Su-Wern (on governance), Dr. Andika Ab. Wahab (on labour), and Ili Nadiah binti Dzulfakar (on the environment). Together, we proposed 173 recommendations to the government and businesses: 62 concerning governance, 54 on labour, and 57 related to the environment. 

Our work started in July 2022 and concluded in March 2023. We gathered information and heard from key stakeholders, including governmental agencies, companies, industry associations, civil society organisations, and impacted communities. Over 20 consultations and focus group discussions were conducted, involving more than 400 participants and informants. 

Following the submission of the draft report to the government, it underwent a comprehensive government review process from July 2023 to June 2024. This included written feedback from various ministries and agencies, as well as in-person meetings. Consequently, the report was revised and refined, with updates and clarifications highlighted in summary boxes that document the government’s responses. This iterative process underscores the report’s unique nature.

The collaboration between our independent team and government agencies has enhanced the report’s accuracy and credibility. It now serves as a solid foundation for further dialogue, advocacy, and policy development on business and human rights.

This report outlines the major challenges the government and businesses face in implementing the UNGPs in Malaysia. Problematic areas are addressed, and recommendations made. The concerns of groups and communities in marginalised and vulnerable situations are also raised for attention.

If I were to summarise the thrust of the report recommendations in three words, it would be these “M”s: mainstream, mandatory, and marginalised (people).

First, we need to take legal, policy and administrative measures to incorporate and mainstream human rights into our governance and laws. Second, we should make certain things mandatory, such as human rights and environmental due diligence. Finally, we must protect vulnerable communities who are marginalised, including women, children, persons with disabilities, refugees, migrant workers, and indigenous groups.

We hope that the government and corporate Malaysia will pay attention to the report and consider our views. Our team remains committed to engaging with rightsholders and stakeholders to advance this important work.

Once again, I wish to appreciate all those who worked on, and supported, this matter, as acknowledged here. Though the journey has been lengthy, I am confident that our efforts will help Malaysia advance its priorities on business and human rights. I take full responsibility for the contents of the report.