Malaysia- 1st- Human rights defenders and whistle-blowers

THEMATIC PRIORITY 1: GOVERNANCE

UNGP PILLAR 3

No.: G3.5

Action: Expedite the proposed reforms to the Whistleblower Protection Act 2010 [Act 711].

Output Indicator(s): Amendments to the Act will be done in three (3) phases, focusing on human and labour rights, and protecting those who report any unjustified treatment and any facts concerning offences established in accordance with UNCAC Convention (Article 33) in good faith and on reasonable grounds to the competent authorities. Awareness sessions, roadshows and public engagements are conducted continuously to ensure understanding amongst stakeholders.

Collaborative Partner(s): BHEUU

No.: G3.7

Action: Facilitate businesses to establish, or improve existing, internal and external operational grievance mechanisms (OGM) that promote effectiveness, transparency and responsiveness, and are accessible to all stakeholders.

Output Indicator(s):

  • Guidance is developed on effective OGM and other non-State based grievance mechanisms that considers operational gaps and challenges.
  • Businesses are convened to share best practices and provide sector-based support in promoting OGM that is accessible by all employees, workers, suppliers, consumers, CSOs, Human Rights Defenders (HRDs), and rightsholders to seek effective remedies against business-related human rights abuses.

Collaborative Partner(s): Ministry of Domestic Trade and Costs of Living (Kementerian Perdagangan Dalam Negeri dan Kos Sara Hidup

[KPDN])

UNGP PILLAR 3

No.: G3.10

Action: Assess the application of the rights and responsibilities enshrined in the UN Declaration on the General Assembly Resolution 31/32 on Protecting Human Rights Defenders, whether in reference to an individual, groups or organs of society, addressing economic, social and cultural rights.

Output Indicator(s): Evidence, insights and recommendations are developed that informs policymaking in line with the Declaration.

Collaborative Partner(s): BHEUU; MOFA; PMM

THEMATIC PRIORITY 2: LABOUR

UNGP PILLAR 3

No.: L3.10

Action: Ensure that grievance mechanisms, whistleblower protections, and remediation procedures are not only documented but also fully operational and accessible in practice to all affected stakeholders.

Output Indicator(s):

  • Codes of conduct, policies, Businesses performance standards, operating procedures, agreements with suppliers and business partners and other such internal or external documents reflect effective grievance mechanisms.

Collaborative Partner(s): Businesses

THEMATIC PRIORITY 3: ENVIRONMENT

UNGP PILLLAR 1

ENVIRONMENTAL JUSTICE

No.: E1.25

Action: Ensure the meaningful participation of EHRDs in Just Transition policy development.

Output Indicator(s):

  • Formal mechanisms or platforms are created for EHRDs to participate in Just Transition decision-making processes.
  • Stakeholder engagement dialogues, forums or workshops are held, centring EHRDs and communities.
  • Federal or state-level policy drafts are publicly disclosed for comments and feedback from EHRDs and the general public.

Collaborative Partner(s): NRES; PETRA; Ministry of Economy; SUHAKAM; CSOs; EHRDs

No.: E1.26

Action: Ensure thorough investigations are conducted where reprisals against human rights defenders are found. Ensure thorough investigations are conducted where reprisals against human rights defenders are found.

Output Indicator(s):

  • Coordination meetings are held between SUHAKAM, civil society, and enforcement agencies on protection mechanisms.
  • Number of investigation reports completed and submitted to the relevant authorities.

Collaborative Partner(s): Businesses

UNGP PILLAR 2

COMMUNITY-CENTRED STRAEGIES

No.: E2.8

Action: Publicly commit to recognising and respecting the human rights of EHRDs and Indigenous Peoples, whether Malaysian law provides for those rights or otherwise, and act consistently with these corporate commitments. Due diligence including environmental, social, cultural, and other related human rights impact assessments should be regularly conducted and integrated internally at all working levels. FPIC principles should also be met fully by exceeding the minimum requirements to ensure that any deficits in the process do not create further harm to communities directly or by creating an incomplete picture of potential harms.