Malaysia- 1st- Non-judicial grievance mechanisms

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.: G3.6

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.: G3.7

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])

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

THEMATIC PRIORITY 2: LABOUR

UNGP PILLAR 2

No.: L2.13

Action: Promote fair, transparent, legitimate, and impartial grievance and remediation policies and mechanisms to receive and act on labour-related complaints and grievances. These policies and mechanisms should be accessible to external parties, including individuals, business partners, governmental institutions, worker representatives, trade unions or worker organisations and CSOs. There should be complete and regular disclosures of the grievances raised with specific updates on actions taken.

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.: L3.2

Action: Establish an industry-based funding mechanism for purposes of worker remediation in cases of violations of the ILO Indicators of Forced Labour.

Output Indicator(s):

  • Tripartite engagement sessions are convened to develop and pilot a sectoral compensation scheme for high-risk sectors.

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

No.: L3.4

Action: Publish labour rights KESUMA 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.: L3.7

Action: Establish grievance mechanisms with the active participation of workers, centring gender and diversity in the formation of grievance committees or departments and related remediation processes.

Output Indicator(s):

  • Grievance mechanisms are established or revised to include workers in the design and application.
  • Adequate and up-to-date anti-discrimination and gender sensitivity training for all personnel are conducted, especially those handling grievances and remediation processes.
  • Independent, gender-sensitive investigations of violations are provided, addressing gender-linked power imbalances during dispute resolution processes.

Collaborative Partner(s): Businesses

No.: L3.8

Action: Submit to audits, as part of regular audit and certification exercises (e.g. Responsible Business Alliance, Fair Labor Association) to assess the effectiveness of in-house and company-led grievance mechanisms.

Output Indicator(s):

  • Grievance mechanisms are improved, aligned and comply with the UNGPs’ criteria for effectiveness.

Collaborative Partner(s): Businesses

No.: L3.9

Action: Demonstrate industry or sector-wide collaboration (e.g. Roundtable on Sustainable Palm Oil and Malaysian Sustainable Palm Oil in the palm oil sector) emphasising multistakeholder or joint initiatives based on conformity to human and labour rights standards.

Output Indicator(s):

  • Industry or sector collaborations on human rights ma
    tters (especially access to remedy) that involve workers and other key stakeholders are organised and the information related to the outcomes shared publicly.

Collaborative Partner(s): Businesses

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

No.: L3.11

Action: Launch nationwide worker socialisation and engagement programmes that aim at building worker confidence and trust and encourage the use of non- State and non-judicial grievance mechanisms.

Output Indicator(s):

  • Engagement programmes are organised across Malaysia, starting with high-risk sectors.
  • Engagement programmes have considered specific invisible barriers faced by women, migrant workers, persons with disabilities, young workers and children and other vulnerable communities including language, norms, cultural traditions, and social or gender-linked vulnerabilities.

Collaborative Partner(s): KESUMA; State agencies; businesses; IGOs

THEMATIC AREA 3: ENVIRONMENT

ACCESS TO REMEDY

No.: E3.3

Action: Establish and incorporate a State-based grievance mechanism that is supervised by trusted human rights bodies or coalitions and normalises third- party verifications.

Output Indicator(s):

  • A comprehensive and robust State-based grievance mechanism is created together with communities and mandated for inclusion at the project design stage for all proposed development projects based on international best practice.

Collaborative Partner(s): NRES; IGOs; CSOs; businesses

No.: E3.4

Action: Establish or enhance Businesses business-led non-judicial and routinised grievance mechanisms, with a specific focus on addressing environmental human rights matters.

Output Indicator(s):

  • Comprehensive and robust corporate grievance mechanisms are developed that are accessible, accountable, transparent, adaptive and proactive, with a specific focus on addressing environmental human rights matters.

Collaborative Partner(s): Businesses