Malaysia- 1st- Judicial remedy

By Daniel Morris | 13. January 2026

THEMATIC PRIORITY 1: GOVERNANCE

UNGP PILLAR 3

No.: G3.1

Action: Study the weaknesses of, BHEUU and address the gaps related to, State and non-State grievance mechanisms.

Output Indicator(s):

  • Evidence, insights and recommendations are developed to address the gaps in existing grievance mechanisms. Develop best practice guidance in consultation with affected communities on effective, timely, and accessible grievance mechanisms and disseminate widely.

Collaborative Partner(s): BHEUU

No.: G3.2

Action: Establish a Human Rights Tribunal dedicated to human rights adjudication.

Output Indicator(s):

  • The formation of a Human Rights Tribunal in Malaysia through the enactment and mandate of a Human Rights Tribunal Act, which has assessed and determined, in a holistic manner, the mechanism for the implementation of this new office which includes jurisdictional scope and invested powers.

Collaborative Partner(s): BHEUU

No.: G3.3

Action: Increase the availability of mobile courts as an additional mechanism to oversee legal disputes for communities living in the interior.

Output Indicator(s):

  • The formation of a Human Rights Tribunal in Malaysia through the enactment and mandate of a Human Rights Tribunal Act, which has assessed and determined, in a holistic manner, the mechanism for the implementation of this new office which includes jurisdictional scope and invested powers.

Collaborative Partner(s): BHEUU

No.: G3.4

Action: Establish and implement a government-funded mechanism to enable the provision of legal representation to those who cannot afford it.

Output Indicator(s):

  • The formation of a Public Defender’s (PD) Office through legal mandate, which has assessed and determined, in a holistic manner, the mechanism for the implementation of this new office.
  • Provisions are extended under the National Legal Aid Foundation (Yayasan Bantuan Guaman Kebangsaan [YBGK]) scheme and the Government’s existing legal aid mechanisms for non- Malaysians.

Collaborative Partner(s): BHEUU; Bar Council; Legal Aid Department (JBG)

No.: G3.6

Action: Introduce effective mediation and reconciliation as forms of alternative dispute resolution (ADR) mechanisms through the use of experts for business- related human rights cases.

Output Indicator(s):

  • Formal mediation and reconciliation framework on BHR cases established and rolled out based on international best practices.
  • Increase in BHR cases resolved through the expert-led ADR mechanism.

Collaborative Partner(s): BHEUU; Asian International Arbitration Centre (AIAC); Pusat Mediasi Madani (PMM)

No.: G3.8

Action: Study the use of Strategic Litigation Against Public Participation (SLAPP) by the State and businesses as it relates to BHR concerns.

Output Indicator(s):

  • Evidence, insights and recommendations are developed on the methods and technical approaches adopted by plaintiffs using the courts and law enforcement authorities to impede access to justice for survivors and victims of business-related human rights abuses.

Collaborative Partner(s): BHEUU

No.: G3.9

Action: In the context of SLAPP, BHEUU reverse the legal burden of proof from those affected to the State and business for BHR-related litigation and enhance the range of defences available to defendants.

Output Indicator(s):

  • Enactment of Anti-SLAPP legislation that underscores the rights of affected communities and ensures mechanisms for robust discovery.
  • The specific experience of Indigenous Peoples is recognised in SLAPP-related legislation, pertaining the use and ownership of native ancestral lands.
  • The legal framework is extended to include all communities affected by corporate harms, including farmers and small-scale fishers

Collaborative Partner(s): BHEUU

THEMATIC PRIORITY 2: LABOUR

UNGP PILLAR 1

FOUNDATIONAL

No.: L1.4

Action: Streamline case management in the Industrial Court.

Output Indicator(s):

  • Average case disposal time in the Industrial Court is reduced, with updated case management protocols and procedures adopted that are informed by challenges faced by vulnerable groups including migrant communities.
  • Digital tools are utilised to enable cross-border litigation as necessary.

Collaborative Partner(s): KESUMA

UNGP PILLAR 3

No.: L3.1

Action: Clarify the law to ensure that State-led judicial and nonjudicial complaint and grievance mechanisms can act on grievances from all workers, irrespective of nationality or legal status.

Output Indicator(s):

  • Procedural laws (e.g. KESUMA Employment Act 1955, Industrial Relations Act 1967) are reviewed to reflect that all workers including migrant workers, seeking redress for workplace grievances are able to easily access these mechanisms through the Department of Labour or the Department of Industrial Relations.
  • The right to access remedy is further strengthened through the provision of the right to stay and work in Malaysia during the complaints process as well as interpretation services to support access to due process.

Collaborative Partner(s): KESUMA

No.: L3.3

Action: Enhance the capacity of State grievance-handlers to effectively mediate and address grievances received from workers, including migrant workers and young workers and children.

Output Indicator(s):

  • Increased number of effective trainings at the state level on mediating and addressing worker grievances, with clear learning outcomes.

Collaborative Partner(s): KESUMA; State authorities

No.: L3.4

Action: Publish labour rights grievances received by State-led judicial and non-judicial mechanisms on a regular basis.

Output Indicator(s):

  • A database of grievances and their outcomes is developed and publicised and made easily accessible.
  • Information is updated regularly and the data disaggregated by key labour factors such as gender, age, nationality, and employment status.

Collaborative Partner(s): KESUMA

No.: L3.5

Action: Produce national guidelines containing a common standard to be met for the remediation of worker grievances concerning the types of labour rights violations.

Output Indicator(s):

  • Standard guidelines are developed, applicable to all sectors, in line with international standards.
  • The national guidelines developed are disseminated widely among workers in all sectors.

Collaborative Partner(s): KESUMA; business associations; trade unions

No.: L3.6

Action: Internalise, operationalise or enhance grievance mechanisms and continuously monitor and evaluate these mechanisms for effectiveness.

Output Indicator(s):

  • Effective training on grievance mechanisms and UNGPs’ criteria for effectiveness are conducted, with clear learning outcomes.
  • Grievance mechanisms are improved, aligned and comply with the UNGPs.

Collaborative Partner(s): Department of Labour (Jabatan Tenaga Kerja [JTK]); Industrial Relations Department (Jabatan Perhubungan Perusahaan [JPP]); SUHAKAM; businesses

THEMATIC AREA 3: ENVIRONMENT

ACCESS TO REMEDY

No.: E3.1

Action: Establish a specialised body such as the National Green Tribunal (NGT) in India or the Land and Environment Court of New South Wales in Australia, tasked with adjudicating environment-based litigation and capable of delivering time-sensitive decisions.

Output Indicator(s):

  • An environmental adjudication body, such as a tribunal, is legally established that has the required mandate, functions, expertise and experience to promote rightsholders’ ability to hold business accountable for environmental rights harms.
  • The institutional mechanism enables effective ADR pathways on environmental disputes; specialised responses and accessible procedures for women, youth, and children; provisions for legal aid for communities who cannot afford or access legal resources; access to independent or technical experts; and the use of local languages of members of the impacted community.

Collaborative Partner(s): BHEUU; NRES; SUHAKAM; AIAC; JBG; Bar Council

No.: E3.2

Action: Enhance legal aid provisions and special arrangements for counsel for communities needing to access strategic litigation and targeted advocacy to seek redress through the courts.

Output Indicator(s):

  • Increased legal aid support to communities through strengthened legal aid mechanisms.
  • Improved awareness of legal aid resources among communities, community representatives and EHRDs.

Collaborative Partner(s): BHEUU; NRES; SUHAKAM; JBG; Bar Council