Malaysia

THEMATIC PRIORITY 1: GOVERNANCE 

UNGP PILLAR 1 

HUMAN RIGHTS OBLIGATIONS 

No.: G1.30 

Action: Assess the feasibility of the adoption of mandatory human rights and environmental due diligence (mHREDD) by businesses of difference sectors and sizes and clarify how due diligence is applied. 

Output Indicator(s):  

• Evidence, insights and recommendations are developed on the applicability of mHREDD using a phased approach, starting with high-risk sectors (i.e. energy, carbon and extractives, agrobusiness and plantations, mining, construction and manufacturing) then extending to all sectors. 

Collaborative Partner(s): BHEUU 

THEMATIC PRIORITY 1: GOVERNANCE 

UNGP PILLAR 1 

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 

Read more about Agriculture sector

THEMATIC PRIORITY 1: GOVERNANCE

UNGP PILLAR 1

FOUNDATIONAL

No.: G1.2

Action: Conduct an assessment on removing the reservations to CEDAW, CRC and CRPD.

Output Indicator(s): Evidence, insights and recommendations are developed on the effects and potential outcomes of removing the existing reservations to the conventions, which include an examination of constitutional gaps as well as the social norms that underpin related laws.

Collaborative Partner(s): Chief Government Security Officer Minister’s Department (CGSO); BHEUU, JPM; Criminal Law Reform Committee (CLRC)

No.: G1.3

Action: Review the legal and constitutional gaps related to the Child Act 2001 [Act 611] and the Persons with Disabilities Act 2008 [Act 685] in alignment with the CRC  and  the  CRPD, especially  on  protection against discrimination, right to  education  and  birth registration.

Output Indicator(s):

• Evidence, insights and recommendations are developed to guide further alignment with international standards and best practices.
• Policymaking is guided by an improved understanding of the constitutional gaps as well as the social norms that underpin these laws.

Collaborative Partner(s): KPWKM

ANTI-BRIBERY AND-CORRUPTION

No.: G1.15

Action: Introduce data management CGSO and treatment guidelines for Government agencies.

Output Indicator(s):

• Introduction of a Data Leakage Protection System, which includes data management and treatment guidelines.
• These tools demonstrate the prevention of data leakages and reinforce privacy measures for data related to children, young people and other marginalised communities.

Collaborative Partner(s): CGSO

No.: G1.17

Action: Review and strengthen the Communications and Multimedia Act 1998 [Act 588] and Online Safety Act 2025.

Output Indicator(s):

• Evidence, insights and recommendations are developed related to children’s digital rights and online protection.
• Laws are strengthened by modernising the crime of child sexual exploitation and abuse, reinforcing corporate accountability for mitigating online risks and embedding safety by design.

Collaborative Partner(s): Ministry of Communications

No.: G1.18

Action: Review and strengthen the Consumer Protection Act 1999 [Act 599]..

Output Indicator(s):

• Evidence, insights and recommendations are developed to bring the law up to date in the context of the right to safe goods (especially for children and young consumers), accessibility to product or service information and the right to seek redress in unfair commercial practices.

Collaborative Partner(s): Ministry of Domestic Trade and Cost of Living

PROCUREMENT, INVESTMENT AND TAX

No.: G1.20

Action: Establish clear regulations governing public procurement activities.

Output Indicator(s):

• Enactment of a Government Procurement Act that applies to all public procurement processes.
• Laws are clarified on the protection of human, labour, children’s, and environmental rights throughout procurement processes.

Collaborative Partner(s): Ministry of Housing and Local Government; Local authorities (PBT)

UNGP PILLAR 2

No.: G2.1

Action: Adopt robust human, labour, children’s, and environmental rights policies aligned to international standards with transparent and effective budgets for implementation throughout the company’s entire supply chain.

No.: G2.2

Action: Conduct regular, transparent and genuine HREDD assessments on own operations and across the supply chain to ensure that the company does not cause or contribute to, and is not linked to, adverse impacts on human, labour and children’s rights.

UNGP PILLAR 2

No.: G2.6

Action: Embed and implement due diligence as it pertains to children’s rights.

UNGP PILLAR 3

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):

• Evidence, insights and recommendations are developed to support the establishment of additional mobile courts.
• Information on accessing mobiles courts is disseminated among at-risk communities, ensuring the active participation of women, children and young people, older persons, persons with disabilities and Indigenous Peoples in the legal process.

Collaborative Partner(s): BHEUU

THEMATIC PRIORITY 2: LABOUR

UNGP PILLAR 1

FORCED LABOUR, CHILD LABOUR, AND OTHER FORMS OF LABOUR EXPLOITATION

No.: L1.5.

Action: Enhance the enforcement of all relevant provisions on forced labour, child labour and other forms of labour exploitation based on the ILO Indicators of Forced Labour.

Output indicator(s):

• Number of trained labour inspectors increased, especially in sectors employing migrant workers and other groups vulnerable to forced labour and child labour.
• Revisions to labour rights protection frameworks are proposed that consider the challenges of enforcement related to domestic work.
• List of blacklisted agencies is updated and published frequently

Collaborative partner(s): KESUMA

No.: L1.9.

Action: Facilitate documentation for children of migrant workers whether through facilitating safe access to birth registration processes or a joint documentation exercise with the relevant diplomatic missions for undocumented children.

Output indicator(s):

• Policies or procedures are adopted that enable safe and non-discriminatory access to documentation services for migrant children.
• Number of migrant families assisted in safely accessing national birth registration services for their children.

Collaborative partner(s): MOHA; National Registration Department

UNGP PILLAR 2

No.: L2.8

Action: Take proactive steps to prohibit and prevent child labour, particularly for companies operating in high-risk industries.

UNGP PILLAR 3

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.: L3.11

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

No.: L3.12

Action : I La Increase social support and interventions for vulnerable migrant and refugee workers, including young workers and children, experiencing domestic violence and labour exploitation.

Output Indicator(s):

• Access to social support in the form of counselling, legal aid and shelter is increased among migrant and refugee workers, as well as young workers and children.

Collaborative Partner(s): KESUMA; State agencies; businesses; IGOs; labour and children’s rights advocates

THEMATIC PRIORITY 3: ENVIRONMENT

UNGP PILLLAR 1

FOUNDATIONAL

No.: E1.4

Action: Develop child-sensitive, gender-responsive and disability-inclusive measures to advance the human rights of children to a healthy environment.

Output Indicator(s):

• Policies and programmes are developed or enhanced to integrate child-sensitive, gender-responsive, and disability inclusive environmental protections.

Collaborative Partner(s): KPWKM; NRES

Read more about Children’s rights

The Malaysia NAP does not make explicit reference to conflict-affected areas.

Read more about Conflict-affected areas

THEMATIC PRIORITY 1: GOVERNANCE

UNGP PILLAR 1

HUMAN RIGHTS OBLIGATIONS

No.: G1.30

Action: Assess the feasibility of the adoption of mandatory human rights and environmental due diligence (mHREDD) by businesses of difference sectors and sizes and clarify how due diligence is applied.

Output Indicator(s):

• Evidence, insights and recommendations are developed on the applicability of mHREDD using a phased approach, starting with high-risk sectors (i.e. energy, carbon and extractives, agrobusiness and plantations, mining, construction and manufacturing) then extending to all sectors.

Collaborative Partner(s): BHEUU

Read more about Construction sector

THEMATIC PRIORITY 1: GOVERNANCE

UNGP PILLAR 2

No.: G2.7

Action: Include as part of the company’s code of ethics and conduct, the duty of directors to assess and consider key human rights concerns when making decisions on the business operations of the organisation at every stage.

No.: G2.11

Action: Set targets and increase training among the board of directors, management, and employees of the company on the responsibility to respect human rights (including labour and children’s rights) and support awareness-raising programmes for consumers, contractors, suppliers and communities.

THEMATIC PRIORITY 3: ENVIRONMENT

UNGP PILLLAR 1

FOUNDATIONAL

No.: E1.8

Action: Conduct a study to introduce anti-greenwashing legislation and enhance consumer protection.

Output indicators:

• Evidence, insights and recommendations related to the adoption of anti-greenwashing legislation are used to guide policymaking and legal measures, integrating corporate penalties and legal liabilities as well as consumer protection mechanisms.

Collaborative partner(s): NRES; KPDN; IGOs

Read more about Corporate law & corporate governance

THEMATIC PRIORITY 1: GOVERNANCE

UNGP PILLAR 1

FOUNDATIONAL

No.: G1.7

Action: Establish a permanent and independent body to oversee appointments to anti-corruption and oversight institutions.

Output Indicator(s):

• A mandated body to oversee appointments, such as a parliamentary select committee, is established that is permanent, independent and provided with sufficient resources to perform their functions effectively.

Collaborative Partner(s): Parliament of Malaysia

“On good governance and corporate accountability, bribery and corruption remain major hindrances to a rights-based governance framework by weakening law enforcement and undermining institutions. This erodes public trust in the rule of law and distorts public spending, signalling to rightsholders that acute power differences are at play, leaving them vulnerable to well-resourced public institutions, individuals and business actors. Ultimately, the erosion of good governance not only raises the cost of doing business but also impairs the state’s ability to fulfil its human rights obligations. The Government’s comprehensive plans to uphold the principles of the rule of law, improve good governance and create a clean business environment is championed in the National Anti-Corruption Plan (2019 – 2023) (NACP) and more recently, in the NACP’s successor, the National Anti-Corruption Strategy (2024 – 2028) (NACS). To this end, the objective of the NAPBHR is to reinforce these international and national commitments to good governance efforts.”

ANTI-BRIBERY AND-CORRUPTION

No.: G1.9

Action: Reinforce the implementation of the United Nations Convention against Corruption (UNCAC), especially on anti-corruption policies and practices.

Output Indicator(s):

• Evidence, insights and recommendations are developed that define entry points to accelerate the implementation of key provision under UNCAC, reinforcing corporate or private sector governance as a key component of state-based anti-corruption measures.

Collaborative Partner(s): Malaysian Anti-Corruption Commission (MACC)

No.: G1.10

Action: Identify measures to improve Malaysia’s ranking in the corruption Perceptions Index (CPI) by Transparency International.

Output Indicator(s):

• Key measures are implemented   that contribute to Malaysia’s CPI ranking by 2033.

Collaborative Partner(s): MACC

Read more about Corruption

THEMATIC PRIORITY 1: GOVERNANCE

UNGP PILLAR 1

ANTI-BRIBERY AND-CORRUPTION

No.: G1.14

Action: Assess the implementation of the Personal Data Protection (Amendment) Act 2024.

Output Indicator(s):

• Evidence, insights and recommendations are developed related to mandatory appointment of a Data Protection Officer (DPO), compulsory data breach notifications, and improved data portability rights.

Collaborative Partner(s): Ministry of Digital, Department of Personal Data Protection

No.: G1.15

Action: Introduce data management CGSO and treatment guidelines for Government agencies.

Output Indicator(s):

• Introduction of a Data Leakage Protection System, which includes data management and treatment guidelines.
• These tools demonstrate the prevention of data leakages and reinforce privacy measures for data related to children, young people and other marginalised communities.

Collaborative Partner(s): CGSO

No.: G1.16

Action: Develop guidelines on cross-border data transfers to ensure the protection of personal data.

Output Indicator(s):

• A guideline is developed and socialised that comprehensively considers social risks related to international data transfers and compels uptake by businesses.

Collaborative Partner(s): Ministry of Digital, Department of Personal Data Protection

No.: G1.17

Action: Review and strengthen the Communications and Multimedia Act 1998 [Act 588] and Online Safety Act 2025.

Output Indicator(s):

• Evidence, insights and recommendations are developed related to children’s digital rights and online protection.
• Laws are strengthened by modernising the crime of child sexual exploitation and abuse, reinforcing corporate accountability for mitigating online risks and embedding safety by design.

Collaborative Partner(s): Ministry of Communications

HUMAN RIGHTS OBLIGATIONS

No.: G1.28

Action: Assess and map out coordination gaps and areas of overlapping jurisdiction between ministries, and federal and state governments or agencies.

Output Indicator(s):

• Recommendations are proposed to improve coordination and resolve jurisdictional issues and weak enforcement of laws related to labour, social protection, climate change and environment, and digital safety.

Collaborative Partner(s): BHEUU; related sectoral agencies, State Governments

Read more about Data protection & privacy

THEMATIC PRIORITY 1: GOVERNANCE

UNGP PILLAR 2

No.: G2.9

Action: Investors, development banks and lending institutions should define high-risk activities involving human rights risks and strongly encourage companies or project proponents to conduct HREDD and risk assessments before they invest in, or provide financing to, these enterprises

Read more about Development finance institutions

THEMATIC PRIORITY 1: GOVERNANCE

UNGP PILLAR 1

HUMAN RIGHTS OBLIGATIONS

No.: G1.30

Action: Assess the feasibility of the adoption of mandatory human rights and environmental due diligence (mHREDD) by businesses of difference sectors and sizes and clarify how due diligence is applied.

Output Indicator(s):

• Evidence, insights and recommendations are developed on the applicability of mHREDD using a phased approach, starting with high-risk sectors (i.e. energy, carbon and extractives, agrobusiness and plantations, mining, construction and manufacturing) then extending to all sectors.

Collaborative Partner(s): BHEUU

THEMATIC PRIORITY 2: LABOUR

UNGP PILLAR 1

FOUNDATIONAL

No.: L1:3

Action: Enhance protection of the rights of workers, including the participation of workers in trade unions, to guarantee decent work, social protection, training opportunities and job security in the Just Energy Transition.

Output indicator(s):

• Tripartite dialogues are convened to address human and labour rights challenges related to the Just Energy Transition.
• Revisions to labour rights protection frameworks are proposed that consider transition-related impacts.

Collaborative partner(s): KESUMA; Ministry of Energy Transition and Water Transformation (PETRA); energy sector; trade unions.

THEMATIC PRIORITY 3: ENVIRONMENT

UNGP PILLLAR 1

ENVIRONMENTAL RIGHTS GOVERNANCE AND ACCOUNTABILITY

No.: E1.12

Action: Assess how businesses integrate comprehensive human rights and environmental impact assessments into energy transition projects.

Output indicator(s):

• Evidence, insights and recommendation are developed that highlight implementation gaps and key areas of focus for the energy sector and are used to guide policy amendments.

Collaborative partner(s): NRES; PETRA; Ministry of Economy; CSOs

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

Read more about Energy sector

THEMATIC PRIORITY 1: GOVERNANCE

UNGP PILLAR 1

PROCUREMENT, INVESTMENT AND TAX

No.: G1.20

Action: Establish clear regulations governing public procurement activities.

Output Indicator(s):

• Enactment of a Government Procurement Act that applies to all public procurement processes.
• Laws are clarified on the protection of human, labour, children’s, and environmental rights throughout procurement processes.

Collaborative Partner(s): Ministry of Housing and Local Government; Local authorities (PBT)

HUMAN RIGHTS OBLIGATIONS

No.: G1.28

Action: Assess and map out coordination gaps and areas of overlapping jurisdiction between ministries, and federal and state governments or agencies.

Output Indicator(s):

• Recommendations are proposed to improve coordination and resolve jurisdictional issues and weak enforcement of laws related to labour, social protection, climate change and environment, and digital safety.

Collaborative Partner(s): BHEUU; related sectoral agencies, State Governments

UNGP PILLAR 2

No.: G2.1

Action: Adopt robust human, labour, children’s, and environmental rights policies aligned to international standards with transparent and effective budgets for implementation throughout the company’s entire supply chain.

THEMATIC PRIORITY 3: ENVIRONMENT

UNGP PILLLAR 1

FOUNDATIONAL

No.: E1.1

Action: Facilitate multistakeholder dialogue and negotiations on the inclusion of the environment in the Malaysian Constitution and ensuring the Constitutional protection of environmental rights.

Output indicators:

• Multistakeholder dialogues and policy consultations are conducted to advance the decision-making process on the constitutional Right to a Clean, Healthy and Sustainable Environment.
• A legal framework is developed that proposes the constitutional recognition of environmental rights in line with developments in ASEAN and Malaysia’s regional position and in response to the SDGs.

Collaborative partner(s): BHEUU; NRES; MOFA

No.: E1.2

Action: Review and address normative gaps in the existing environmental legal framework (e.g. lack of legally binding obligations on corporate environmental due diligence).

Output indicators:

• Evidence, insights and recommendations and provide proposed updates or amendments to environmental laws in line with international standards.
• Legal reform on environmental rights is underpinned by a participatory and inclusive climate governance approach.

Collaborative partner(s): NRES

No.: E1.3

Action: Introduce provisions for legal reforms to ensure transparency, accountability and compliance in meeting Net Zero 2050 ambitions (e.g. mandatory corporate climate disclosures, carbon pricing mechanisms).

Output indicators:

• New or amended laws or regulations are introduced to further support enforcement efforts in meeting Net Zero targets, particularly in the context of corporate compliance. Reform measures are enhanced that define emission reduction pathways and quantify the emissions reduction potential for each mitigation measure.

Collaborative partner(s): NRES

No.: E1.5

Action: Strengthen national water management policies by integrating environmental protection and human rights-based approaches, particularly in areas where improvements are needed.

Output indicators:

• Recommendations are proposed to embed human and environmental rights protection in the National Water Policy 2024 and Water Sector Transformation 2040 initiative.
• Emphasis on sustainability is strengthened by underscoring community participation in water governance, especially in the context of water-intensive industries.

Collaborative partner(s): PETRA

ENVIRONMENTAL RIGHTS GOVERNANCE AND ACCOUNTABILITY

No.: E1.6

Action: Introduce and apply the polluter pays principle (PPP)8 as an effective deterrent for business misconduct.

Output Indicator(s):

• Regulatory instruments and enforcement measures are implemented that clearly apply the PPP, including imposing substantial fines, environmental taxes, or remediation orders on polluting businesses.

Collaborative Partner(s): NRES; MOF; KPDN (SSM); KPKT

No.: E1.7

Action: Socialise the precautionary principle among businesses.

Output Indicator(s):

• Up-to-date information and guidance on the precautionary principle is developed and disseminated widely among businesses.

Collaborative Partner(s): NRES; MOF; KPDN (SSM); KPKT

No.: E1.8

Action: Conduct a study to introduce anti-greenwashing legislation and enhance consumer protection.

Output indicators:

• Evidence, insights and recommendations related to the adoption of anti-greenwashing legislation are used to guide policymaking and legal measures, integrating corporate penalties and legal liabilities as well as consumer protection mechanisms.

Collaborative partner(s): NRES; KPDN; IGOs

No.: E1.9

Action: Review the application of EIAs and assess its effectiveness in environmental protection in both urban and rural settings.

Output Indicator(s):

• Evidence, insights and recommendations are developed to inform continuous improvements to the EIA process through procedural, methodological, and technical approaches.

Collaborative Partner(s): NRES; KPDN; IGOs

No.: E1.10

Action: Provide free and easy public access to EIA reports and supporting documentation before development projects begin, in both urban and rural settings.

Output Indicator(s):

• Establish a centralised, free and publicly accessible Document Retrieval System with alternative retrieval mechanisms, ensuring that information is easily consumed and available in both English and Bahasa Malaysia.
• EIA reports are published an appropriate amount of time prior to the start of projects to enable meaningful community deliberation and updated or revised EIA reports are made available during an appeals process to prevent procedural manipulation.
• Businesses effectively demonstrate through documented eort that they have exhausted all means to ensure communities have received EIA reports, understand them, and have responded freely and collectively.

Collaborative Partner(s): Department of Environment (DOE); businesses; CSOs; IGOs;

No.: E1.11

Action: Build the capacity of the DOE and other relevant federal and state agencies and departments by providing effective human, technical and financial resources.

Output Indicator(s):

• Implementation budgets and capacity building measures are increased at the state-level to ensure functions are performed effectively.

Collaborative Partner(s): NRES

No.: E1.12

Action: Assess how businesses integrate comprehensive human rights and environmental impact assessments into energy transition projects.

Output indicator(s):

• Evidence, insights and recommendation are developed that highlight implementation gaps and key areas of focus for the energy sector and are used to guide policy amendments.

Collaborative partner(s): NRES; PETRA; Ministry of Economy; CSOs

SUSTAINABLE FOREST MANAGEMENT AND LAND AND MARINE BIODIVERSITY

No.: E1.13

Action: Strengthen commitments that reinforce the pledge to maintain at least 50 per cent of Malaysia’s land mass under forest and tree cover.

Output Indicator(s):

• Interagency or cross-sectoral coordination mechanisms are formalised, with budgets allocated or access to financial mechanisms increased.
• New or revised policy instruments are implemented and enforced to protect forests and maintain tree cover, including at the state level.
• Coverage (in hectares) of forested land secured through policies, gazettement, or legal protections.

Collaborative Partner(s): NRES; IGOs

POLLUTION, WASTE MANAGEMENT AND PLASTIC CIRCULARITY

No.: E1.15

Action: Develop standards of conduct related to the full lifecycle of plastics and its impact on environmental and human rights.

Output Indicator(s):

• Comprehensive and standard guidelines are developed, applicable to all sectors, in line with international standards on plastic pollution and plastic waste management.
• Guidelines and other information materials are disseminated widely, tailored by type of business.

Collaborative Partner(s): NRES; CSOs; IGOs

CLIMATE CHANGE GOVERNANCE

No.: E1.17

Action: Swiftly implement and operationalise the Climate Change Act.

Output indicators:

• Regulations, guidelines, institutional frameworks, and other policy instruments are enacted to support enforcement of the Climate Change Act, recognising the special contexts of Sabah and Sarawak.
• Implementation measures are demonstrated to be holistic, inclusive and based on collaborative and participatory approaches, encompassing end-to-end strategies from national target setting, establishing the governance structure through the formation of a regulatory entity, financial provisioning, and reporting and monitoring.

Collaborative partner(s): NRES; State governments and agencies; IGOs; CSOs

No.: E1.18

Action: Identify and address regulatory gaps to ensure that all necessary and non-retrogressive measures are in place to prevent, reduce and control climate change and pollution, and ensure the conservation of biodiversity and ecosystem restoration.

Output indicators:

• Evidence, insights and recommendations are developed that effect amendments to regulations, institutional frameworks, guidelines and other policy instruments and support enforcement related to climate change, pollution, biodiversity protection and ecosystem restoration.

Collaborative partner(s): NRES; PETRA; State governments and agencies; IGOs; CSOs

No.: E1.19

Action: Enhance access to information on climate change and the inter linkages with human rights.

Output indicators:

• Develop communications and knowledge materials (or other types of media) by collecting accurate, evidence-based information on high-carbon emitting business activities and the impacts of these activities on human rights in the context of climate change.
• Information materials are disseminated widely to all stakeholders, including at the state level.

Collaborative partner(s): NRES; PETRA; State governments and agencies; IGOs; CSOs

ENVIRONMENTAL JUSTICE

No.: E1.20

Action: Implement the UNDRIP within Malaysia’s current legislative and policy framework.

Output indicators:

• Regulations, institutional frameworks and other policy and programmes are implemented to support enforcement of UNDRIP, recognising the special contexts of Sabah and Sarawak.
• Guidelines and protocols are developed, accompanied by trainings, on the application of UNDRIP in policy and decision-making.
• Indigenous representatives are formally included in the implementation process at both federal and state levels.

Collaborative partner(s): Ministry of Rural and Regional Development (KKDW); JAKOA; SUHAKAM; related State agencies; IGOs; CSOs; Environmental and Human Rights Defenders (EHRDs)

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

UNGP PILLAR 2

FOUNDATIONAL

No.: E2.1

Action: Expressly define and incorporate environmental and human rights within company operations. Businesses should adopt an environmental and human rights charter that is aligned with international standards and best practice, approved and acknowledged by their highest management and guided by the most up to date expert advice and analyses. The charter should also set clear expectations for all employees, business partners and other parties relevant to the business.

No.: E2.2

Action: Adopt holistic policies that commit businesses towards mitigating greenhouse gas emissions (GHG) and addressing climate-related human rights risks and impacts. Such policies should be drafted with the input of all stakeholders, centred around affected communities, and be made publicly available.

No.: E2.3

Action: Refine procurement policies to emphasise climate and environmental dimensions and the need for effective due diligence. Businesses’ procurement practices should be aligned with recognised international benchmarks to ensure consistency and credibility. Periodic policy revisions are equally crucial and must be conducted to ensure procurement practices stay relevant and contribute positively to equity and sustainability objectives.

No.: E2.4

Action: Strengthen and improve voluntary carbon emissions disclosure mechanisms as part of the transition to a mandatory framework. Carbon emissions disclosures will only be effective if there is a standardised and uniform framework for measuring emissions which can be independently audited and verified. Studies on the market response to disclosures and voluntary or mandatory measures would be highly beneficial to improve such market mechanisms.

No.: E2.5

Action: Publicly disclose carbon emissions information in full to enable a meaningful examination of compliance to national regulations and targets. Disclosures should reflect the realities on the ground as far as possible, complete with key operational challenges, linkages to potential and actual harms to communities and outcomes on corporate responses.

No.: E2.6

Action: Review and update environmental standards on the worst polluting industries in line with the latest guidelines by the World Health Organization (WHO) and other expert bodies. These standards should be made legally binding, timebound and enforceable, with a clear definition of worst polluting industries. Further, a review should prompt improvements to the First Schedule and Second Schedule of the EQA.

No.: E2.7

Action: Identify, prevent, mitigate and account for how the company addresses actual and potential adverse climate change-related impacts on vulnerable groups, including those resulting from production-related and consumption-related activities and those connected to their value chains and global operations.

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.: E3.4

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

Read more about Environment & climate change

THEMATIC PRIORITY 1: GOVERNANCE

UNGP PILLAR 1

FOUNDATIONAL

No.: G1.3

Action: Review the legal and constitutional gaps related to the Child Act 2001 [Act 611] and the Persons with Disabilities Act 2008 [Act 685] in alignment with the CRC  and  the  CRPD, especially  on  protection against discrimination, right to  education  and  birth registration.

Output Indicator(s):

• Evidence, insights and recommendations are developed to guide further alignment with international standards and best practices.
• Policymaking is guided by an improved understanding of the constitutional gaps as well as the social norms that underpin these laws.

Collaborative Partner(s): KPWKM

No.: G1.4

Action: Conduct an assessment related to the enactment of an Anti-Discrimination Against Women Act in alignment with CEDAW.

Output Indicator(s):

• Evidence, insights and recommendations are developed on  the effects and potential outcomes of enacting an Anti- Discrimination Against Women Act.
• The assessment demonstrates how the State and private sector’s obligations under CEDAW are domesticated (including access to remedy) and ensures that equality in the workplace is a matter justiciable in the courts.

Collaborative Partner(s): KPWKM

DIVERSITY, EQUITY AND INCLUSION (DEI)

No.: G1.26

Action: Implement interventions supporting care work, family-friendly and inclusive policies in the workplace for both the public and private sectors.

Output Indicator(s):

• Guidelines are developed on establishing inclusive policies related to breastfeeding support, affordable and quality childcare, flexible working arrangements, maternity and paternity leave, protections against all forms of discrimination, and structured accommodations for persons with disabilities.
• Evidence, insights and recommendations related to the adoption of care work, family-friendly and inclusive policies are used to guide policymaking, starting with the public sector.

Collaborative Partner(s): KPWKM; MOHR, PSD

“While reservations remain on CEDAW, Malaysia should foundationally review policy areas where non- discrimination and equality standards fall short, to be in line with the constitutional right of equal protection under the law”

THEMATIC PRIORITY 2: LABOUR

UNGP PILLAR 1

SOCIAL PROTECTION AND RIGHT OF ASSOCIATION AND COLLECTIVE BARGAINING

No.: L1.11

Action: Enhance the protection of gig workers from unfair labour practices, through the enactment and implementation of a Gig Workers Bill.

Output Indicator(s):

• Legal or regulatory KESUMA reform measures are enacted to address labour vulnerabilities of gig workers.
• Basic worker rights are secured in the form of social security benefits such as health insurance and retirement plans, work injury compensation, the right to unionise and collectively bargain and anti- discrimination protections.

Collaborative Partner(s): KESUMA

No.: L1.12

Action: Promote equitable access to employment for vulnerable workers including women, persons with disabilities and older persons.

Output Indicator(s):

• Engagement sessions with vulnerable workers are organised to identify targeted solutions that increase their access to a living wage, nondiscriminatory career promotions and other work benefits.

Collaborative Partner(s): KESUMA, KPWKM

UNGP PILLAR 2

No.: L2.12

Action: Demonstrate that no restrictions, penalties, sanctions or any other forms of retaliation or reprisal are imposed on or taken against workers for joining and participating in a trade union of their choice. This means genuinely safeguarding workers’ fundamental right to freely associate and organise without fear of discrimination, harassment or unfair treatment by employers.

UNGP PILLAR 3

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

Read more about Equality & non-discrimination

The Malaysia NAP does not make explicit reference to export credit.

Read more about Export credit

THEMATIC PRIORITY 1: GOVERNANCE

UNGP PILLAR 1

HUMAN RIGHTS OBLIGATIONS

No.: G1.30

Action: Assess the feasibility of the adoption of mandatory human rights and environmental due diligence (mHREDD) by businesses of difference sectors and sizes and clarify how due diligence is applied.

Output Indicator(s):

• Evidence, insights and recommendations are developed on the applicability of mHREDD using a phased approach, starting with high-risk sectors (i.e. energy, carbon and extractives, agrobusiness and plantations, mining, construction and manufacturing) then extending to all sectors.

Collaborative Partner(s): BHEUU

Read more about Extractives sector

A NATIONAL ACTION PLAN ON BUSINESS AND HUMAN RIGHTS IS ESSENTIAL TO MEET OUR HUMAN RIGHTS OBLIGATIONS

“Malaysia’s NAPBHR 2025 – 2030 therefore aspires to become a milestone in the Government’s journey to strengthen its efforts, initiatives and practices in safeguarding human rights. It aims to fulfil the following: Protect human and environmental rights by enforcing measures to ensure businesses adopt human rights-based approaches in their activities, employment practices, and throughout their supply and recruitment chains, both domestically and abroad.”

Read more about Extraterritorial jurisdiction

THEMATIC PRIORITY 1: GOVERNANCE

UNGP PILLAR 1

HUMAN RIGHTS OBLIGATIONS

No.: G1.31

Action: Institutionalise human rights as a key requirement for banks, investment firms, lenders and other financial institutions through the implementation of HREDD

Output Indicator(s):

• Inclusion of HREDD requirements in the regulatory framework for the financial sector.
• HREDD guidelines for financial institutions are developed and disseminated.

Collaborative Partner(s): MOF; BNM

THEMATIC PRIORITY 1: GOVERNANCE

UNGP PILLAR 2

No.: G2.9

Action: Investors, development banks and lending institutions should define high-risk activities involving human rights risks and strongly encourage companies or project proponents to conduct HREDD and risk assessments before they invest in, or provide financing to, these enterprises.

Read more about Finance & banking sector

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 3: ENVIRONMENT

UNGP PILLLAR 1

SUSTAINABLE FOREST MANAGEMENT AND LAND AND MARINE BIODIVERSITY

No.: E1.14

Action: Advance efforts to transform industrial fisheries and prevent harmful impacts of business activities on small-scale fishers and fish workers in the context of climate change.

Output Indicator(s):

• Evidence, insights an recommendations are developed that highlight policy gaps and operational challenges and inform reform measures for equitable fisheries management.
• Participatory approaches are applied and institutionalised, directly involving fisherfolk and fish workers.

Collaborative Partner(s): (KPKM); Department of Fisheries Malaysia (DOF); IGOs; CSOs

POLLUTION, WASTE MANAGEMENT AND PLASTIC CIRCULARITY

No.: E1.16

Action: Produce and socialise BHR knowledge materials for the fisheries sector.

Output Indicator(s):

• Develop communications and knowledge materials, with community participation, about the effects of pollution on the marine environment caused by business activities and make it accessible to fisherfolk and other affected communities.
• BHR trainings on marine pollution for authorities are conducted with clear learning outcomes.

Collaborative Partner(s): KPKM; DOF; State agencies; IGOs; CSOs

Read more about Fisheries and aquaculture sectors

A NATIONAL ACTION PLAN ON BUSINESS AND HUMAN RIGHTS IS ESSENTIAL TO MEET OUR HUMAN RIGHTS OBLIGATIONS

What is the risk of inaction?

[…]

“Forced labour sanctions and export restrictions: Labour rights violations have already led to foreign sanctions. Without decisive action to eliminate forced labour, Malaysia risks broader sanctions or loss of preferential trade status. In practical terms, entire industries could see diminished demand as global buyers seek clean supply chains. This would undercut Malaysia’s export-led growth and undermine the livelihoods of countless law-abiding businesses. Consequences extend beyond individual firms; they threaten Malaysia’s image as a moderate nation and active member of the UN. Inaction would signal a toleration of exploitation.”

THEMATIC PRIORITY 2: LABOUR

UNGP PILLAR 1

The State Duty to Protect Human Rights

“In Malaysia, fundamental rights at work are impeded by numerous challenges, including allegations of modern slavery, encompassing incidences of forced labour, child labour and other forms of labour exploitation. Labour issues continue to highlight the critical intersection between business activity and human rights, revealing the complexities of balancing economic growth with ethical labour practices” […] “The Government has implemented various initiatives under KESUMA to address labour issues and promote fair and ethical working conditions. This is evidenced by the establishment of strategic frameworks such as the National Action Plan on Forced Labour (NAPFL) 2021-2025 that underscores Malaysia’s commitment to eliminate the use of forced labour in any and all forms by 2030, aligning with international standards such as the ILO Forced Labour Convention, 1930 (No. 29) and the Protocol of 2014 to the Forced Labour Convention, 1930 (P029).” […]

FOUNDATIONAL

No.: L1.2.

Action: Align the Employment Act 1955 [Act 265], the Sabah Labour Ordinance [Cap 67] and the Labour Ordinance Sarawak [Cap 76] on the issue of forced labour, consistent with ILO Protocol of 2014 to the Forced Labour Convention, 1930 (No. 29).

Output indicator(s):

• Multistakeholder consultations are organised to support the legislative harmonisation process.
• Legal provisions are revised or introduced that ensure all three labour laws equally address the prevention and protection against forced labour and the provision of remedy.

Collaborative partner(s): KESUMA; State governments and agencies

FORCED LABOUR, CHILD LABOUR, AND OTHER FORMS OF LABOUR EXPLOITATION

No.: L1.5.

Action: Enhance the enforcement of all relevant provisions on forced labour, child labour and other forms of labour exploitation based on the ILO Indicators of Forced Labour.

Output indicator(s):

• Number of trained labour inspectors increased, especially in sectors employing migrant workers and other groups vulnerable to forced labour and child labour.
• Revisions to labour rights protection frameworks are proposed that consider the challenges of enforcement related to domestic work.
• List of blacklisted agencies is updated and published frequently

Collaborative partner(s): KESUMA

No.: L1.6

Action: Strengthen the implementation of national laws related to public housing and migrant workers’ accommodations, such as the Workers’ Minimum Standards of Housing and Amenities Act 1990 [Act 446] and relevant provisions under the Local Government Act 1976 [Act 171] .

Output Indicator(s):

• Operational relationships between federal and state agencies and local authorities are effectively aligned through enforcement operations, compliance reviews or joint inspections.
• Evidence, insights and recommendations are developed based on a survey on Standard Operating Procedures (SOPs).

Collaborative Partner(s): KESUMA ; KPKT; State governments or authorities

No.: L1.7

Action: Address the implementation gaps related to recruitment agencies’ processes and prohibit the charging of recruitment fees or related costs to migrant workers in line with ILO standards.

Output Indicator(s):

• Enforcement actions are taken against agencies violating recruitment regulations.
• Up-to-date guidance on the Employer Pays Principle and zero-cost policy is developed for recruitment agencies (and their business partners) and workers.

Collaborative Partner(s): KESUMA

No.: L1.8

Action: Review bilateral agreements or Memorandums of Understanding (MOUs) with countries of origin to include enhanced provisions related to the rights, benefits, and welfare of migrant workers and ensure responsiveness to labour market requirements.

Output Indicator(s):

• Increase the number of multistakeholder consultations informing bilateral negotiations, ensuring the inclusion of CSOs and workers’ rights advocates.
• Summary of signed MOUs are published for existing and new agreements.

Collaborative Partner(s): KESUMA

No.: L1.9.

Action: Facilitate documentation for children of migrant workers whether through facilitating safe access to birth registration processes or a joint documentation exercise with the relevant diplomatic missions for undocumented children.

Output indicator(s):

• Policies or procedures are adopted that enable safe and non-discriminatory access to documentation services for migrant children.
• Number of migrant families assisted in safely accessing national birth registration services for their children.

Collaborative partner(s): MOHA; National Registration Department

UNGP PILLAR 2

No.: L2.10

Action: Do not retain migrant workers’ passports, contracts or other identity documents, and respect their freedom to leave, change employment or to return to their countries of origin.

• UNGP PILLAR 3

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

Read more about Forced labour & modern slavery

BACKGROUND AND CONTEXT

“[…] Human rights provisions in the Federal Constitution related to business and human rights are: […]

2. Freedom of Speech, Assembly and Association:

Citizens have the right to express their opinions, assemble peacefully and form associations. While these rights are subject to limitations in the interest of national security, public order or morality, the Constitution provides a basis for the exercise of civil liberties.”

THEMATIC PRIORITY 2: LABOUR

UNGP PILLAR 1

FOUNDATIONAL

No.: L1.1

Action: Conduct a study that addresses the gaps between labour laws and national policies, and international labour standards including challenges faced by the government and businesses on ratifying international conventions

Output indicator(s):

• Provide evidence, insights and recommendations on Conventions below:
• C87 – ILO Freedom of Association & Protection of the Right to Organize Convention, 1948;
• C97 – ILO Migration for Employment Convention (Revised), 1949;
• C189 – ILO Domestic Workers Convention, 2011; C
• 190 – ILO Violence and Harassment Convention, 2019;
• ICESCR.
• Collaborative partner(s): KESUMA

No.: L1.3

Action: Enhance protection of the rights of workers, including the participation of workers in trade unions, to guarantee decent work, social protection, training opportunities and job security in the Just Energy Transition.

Output indicator(s):

• Tripartite dialogues are convened to address human and labour rights challenges related to the Just Energy Transition.
• Revisions to labour rights protection frameworks are proposed that consider transition-related impacts.

Collaborative partner(s): KESUMA; Ministry of Energy Transition and Water Transformation (PETRA); energy sector; trade unions.

•  

SOCIAL PROTECTION AND RIGHT OF ASSOCIATION AND COLLECTIVE BARGAINING

No.: L1.13

Action: Provide financial and technical support for the professionalisation of trade unions.

Output Indicator(s):

• Number of trade KESUMA unions receiving financial and technical support to enhance their skillsets for them to represent their members more effectively.

Collaborative Partner(s): KESUMA

UNGP PILLAR 2

No.: L2.11

Action: Promote the meaningful and active participation of workers, trade union representatives, and civil society actors in social dialogue, company-led sustainability initiatives, multistakeholder engagements, and social audits. Their selection should be conducted through transparent and fair processes to ensure credibility and effectiveness. Businesses must also safeguard against any form of reprisals for their participation.

No.: L2.12

Action: Demonstrate that no restrictions, penalties, sanctions or any other forms of retaliation or reprisal are imposed on or taken against workers for joining and participating in a trade union of their choice. This means genuinely safeguarding workers’ fundamental right to freely associate and organise without fear of discrimination, harassment or unfair treatment by employers.

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.

Read more about Freedom of association

BACKGROUND AND CONTEXT

“[…] Human rights provisions in the Federal Constitution related to business and human rights are: […]

2. Freedom of Speech, Assembly and Association:

Citizens have the right to express their opinions, assemble peacefully and form associations. While these rights are subject to limitations in the interest of national security, public order or morality, the Constitution provides a basis for the exercise of civil liberties.”

THEMATIC PRIORITY 2: LABOUR

UNGP PILLAR 1

FOUNDATIONAL

No.: L1.1

Action: Conduct a study that addresses the gaps between labour laws and national policies, and international labour standards including challenges faced by the government and businesses on ratifying international conventions

Output indicator(s):

• Provide evidence, insights and recommendations on Conventions below:
• C87 – ILO Freedom of Association & Protection of the Right to Organize Convention, 1948;
• C97 – ILO Migration for Employment Convention (Revised), 1949;
• C189 – ILO Domestic Workers Convention, 2011; C
• 190 – ILO Violence and Harassment Convention, 2019;
• ICESCR.
• Collaborative partner(s): KESUMA

No.: L1.3

Action: Enhance protection of the rights of workers, including the participation of workers in trade unions, to guarantee decent work, social protection, training opportunities and job security in the Just Energy Transition.

Output indicator(s):

• Tripartite dialogues are convened to address human and labour rights challenges related to the Just Energy Transition.
• Revisions to labour rights protection frameworks are proposed that consider transition-related impacts.

Collaborative partner(s): KESUMA; Ministry of Energy Transition and Water Transformation (PETRA); energy sector; trade unions.

•  

SOCIAL PROTECTION AND RIGHT OF ASSOCIATION AND COLLECTIVE BARGAINING

No.: L1.13

Action: Provide financial and technical support for the professionalisation of trade unions.

Output Indicator(s):

• Number of trade KESUMA unions receiving financial and technical support to enhance their skillsets for them to represent their members more effectively.

Collaborative Partner(s): KESUMA

UNGP PILLAR 2

No.: L2.11

Action: Promote the meaningful and active participation of workers, trade union representatives, and civil society actors in social dialogue, company-led sustainability initiatives, multistakeholder engagements, and social audits. Their selection should be conducted through transparent and fair processes to ensure credibility and effectiveness. Businesses must also safeguard against any form of reprisals for their participation.

No.: L2.12

Action: Demonstrate that no restrictions, penalties, sanctions or any other forms of retaliation or reprisal are imposed on or taken against workers for joining and participating in a trade union of their choice. This means genuinely safeguarding workers’ fundamental right to freely associate and organise without fear of discrimination, harassment or unfair treatment by employers.

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.

Read more about Garment, Textile and Footwear Sector

THEMATIC PRIORITY 1: GOVERNANCE

UNGP PILLAR 1

FOUNDATIONAL

No.: G1.2

Action: Conduct an assessment on removing the reservations to CEDAW, CRC and CRPD.

Output Indicator(s): Evidence, insights and recommendations are developed on the effects and potential outcomes of removing the existing reservations to the conventions, which include an examination of constitutional gaps as well as the social norms that underpin related laws.

Collaborative Partner(s): Chief Government Security Officer Minister’s Department (CGSO); BHEUU, JPM; Criminal Law Reform Committee (CLRC)

No.: G1.4

Action: Conduct an assessment related to the enactment of an Anti-Discrimination Against Women Act in alignment with CEDAW.

Output Indicator(s):

• Evidence, insights and recommendations are developed on  the effects and potential outcomes of enacting an Anti- Discrimination Against Women Act.
• The assessment demonstrates how the State and private sector’s obligations under CEDAW are domesticated (including access to remedy) and ensures that equality in the workplace is a matter justiciable in the courts.

Collaborative Partner(s): KPWKM

DIVERSITY, EQUITY AND INCLUSION (DEI)

No.: G1.25

Action: Implement gender responsive budget-tagging among ministries and agencies.

Output Indicator(s): Percentage of national budget that is tagged for gender responsiveness

Collaborative Partner(s): MOF;KPWKM

No.: G1.26

Action: Implement interventions supporting care work, family-friendly and inclusive policies in the workplace for both the public and private sectors.

Output Indicator(s):

• Guidelines are developed on establishing inclusive policies related to breastfeeding support, affordable and quality childcare, flexible working arrangements, maternity and paternity leave, protections against all forms of discrimination, and structured accommodations for persons with disabilities.
• Evidence, insights and recommendations related to the adoption of care work, family-friendly and inclusive policies are used to guide policymaking, starting with the public sector.

Collaborative Partner(s): KPWKM; MOHR, PSD

No.: G1.27

Action: Strengthen existing mechanisms to increase women’s participation in the boardroom and workforce.

Output Indicator(s):

• Gender-sensitive policies are revised or introduced to promote women’s participation in the boardroom and workforce environment, and digital safety.
• The ambition for women’s participation on boards is raised and target increased for Public Listed Companies (PLCs).

Collaborative Partner(s): BursaMalaysia; Securities Commission Malaysia; KPWKM

HUMAN RIGHTS OBLIGATIONS

No.: G1.29

Action: Deliver BHR education and capacity building for state government agencies and businesses to improve enforcement.

Output Indicator(s):

• Coverage of capacity building sessions successfully conducted at the state level for both the public and private sectors.
• Scope of BHR issues covered affecting key stakeholders including women, children and youth, older persons, persons with disabilities, Indigenous Peoples, migrant populations, asylum-seekers, refugees, stateless communities, undocumented groups, and other marginalised communities.

Collaborative Partner(s): BHEUU; SUHAKAM; related federal agencies; State Governments

THEMATIC PRIORITY 2: LABOUR

UNGP PILLAR 1

SOCIAL PROTECTION AND RIGHT OF ASSOCIATION AND COLLECTIVE BARGAINING

No.: L1.12

Action: Promote equitable access to employment for vulnerable workers including women, persons with disabilities and older persons.

Output Indicator(s):

• Engagement sessions with vulnerable workers are organised to identify targeted solutions that increase their access to a living wage, nondiscriminatory career promotions and other work benefits.

Collaborative Partner(s): KESUMA, KPWKM

UNGP PILLAR 3

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.: L3.11

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 PRIORITY 3: ENVIRONMENT

UNGP PILLLAR 1

FOUNDATIONAL

No.: E1.4

Action: Develop child-sensitive, gender-responsive and disability-inclusive measures to advance the human rights of children to a healthy environment.

Output Indicator(s):

• Policies and programmes are developed or enhanced to integrate child-sensitive, gender-responsive, and disability inclusive environmental protections.

Collaborative Partner(s): KPWKM; NRES

Read more about Gender & women’s rights

THEMATIC PRIORITY 1: GOVERNANCE

UNGP PILLAR 1

HUMAN RIGHTS OBLIGATIONS

No.: G1.29

Action: Deliver BHR education and capacity building for state government agencies and businesses to improve enforcement.

Output Indicator(s):

• Coverage of capacity building sessions successfully conducted at the state level for both the public and private sectors.
• Scope of BHR issues covered affecting key stakeholders including women, children and youth, older persons, persons with disabilities, Indigenous Peoples, migrant populations, asylum-seekers, refugees, stateless communities, undocumented groups, and other marginalised communities.

Collaborative Partner(s): BHEUU; SUHAKAM; related federal agencies; State Governments

[Pillar 2 outlines expectations for businesses – these issues highlights actions which explicitly provides guidance or to develop guidance]

UNGP PILLAR 2

No.: G2.4

Action: Allocate an adequate budget for a specialised team to conduct integrated sustainability and human rights compliance across all departments and commit to an annual plan for continuous improvement of standards.

No.: G2.7

Action: Include as part of the company’s code of ethics and conduct, the duty of directors to assess and consider key human rights concerns when making decisions on the business operations of the organisation at every stage.

No.: G2.11

Action: Set targets and increase training among the board of directors, management, and employees of the company on the responsibility to respect human rights (including labour and children’s rights) and support awareness-raising programmes for consumers, contractors, suppliers and communities.

THEMATIC PRIORITY 2: LABOUR

UNGP PILLAR 2

No.: L2.1

Action: Establish clear, transparent and justiciable policies and internal operating procedures centred on human rights and backed by a credible complaints mechanism.

No.: L2.3

Action: Collaborate with partners and suppliers to demonstrate adherence to international human rights standards. Businesses should establish contractual obligations with suppliers and business partners on human rights matters, and if they are found to have violated such standards, remedial or punitive actions should be taken. There must be a hierarchy of responses from the least to harshest actions, depending on the severity of the violations and facts of each case. Only as a last resort should businesses cut ties and contractual relationships with suppliers or business partners, in order to limit isolating small businesses that lack sufficient resources to operationalise these frameworks in the first place.

No.: L2.4

Action: “Know and show” human rights and fair recruitment due diligence processes through regular reporting and communications. Not only should companies gather and disclose information for the benefit of their boards, investors and consumers, but they should also ensure that company reports reflect actual practices on the ground. This may be done by assurance, audit and verification exercises conducted by trusted social auditors, assurance service providers and human rights organisations.

No.: L2.7

Action: Cooperate with private sector-led sustainability compliance initiatives and mechanisms on labour standards and allow regular and independent audits to be conducted by certified auditors or NGOs.

UNGP PILLAR 3

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 PRIORITY 3: ENVIRONMENT

UNGP PILLLAR 1

ENVIRONMENTAL RIGHTS GOVERNANCE AND ACCOUNTABILITY

No.: E1.7

Action: Socialise the precautionary principle among businesses.

Output Indicator(s):

• Up-to-date information and guidance on the precautionary principle is developed and disseminated widely among businesses.

Collaborative Partner(s): NRES; MOF; KPDN (SSM); KPKT

POLLUTION, WASTE MANAGEMENT AND PLASTIC CIRCULARITY

No.: E1.15

Action: Develop standards of conduct related to the full lifecycle of plastics and its impact on environmental and human rights.

Output Indicator(s):

• Comprehensive and standard guidelines are developed, applicable to all sectors, in line with international standards on plastic pollution and plastic waste management.
• Guidelines and other information materials are disseminated widely, tailored by type of business.

Collaborative Partner(s): NRES; CSOs; IGOs

UNGP PILLAR 2

FOUNDATIONAL

No.: E2.1

Action: Expressly define and incorporate environmental and human rights within company operations. Businesses should adopt an environmental and human rights charter that is aligned with international standards and best practice, approved and acknowledged by their highest management and guided by the most up to date expert advice and analyses. The charter should also set clear expectations for all employees, business partners and other parties relevant to the business.

No.: E2.4

Action: Strengthen and improve voluntary carbon emissions disclosure mechanisms as part of the transition to a mandatory framework. Carbon emissions disclosures will only be effective if there is a standardised and uniform framework for measuring emissions which can be independently audited and verified. Studies on the market response to disclosures and voluntary or mandatory measures would be highly beneficial to improve such market mechanisms.

No.: E2.5

Action: Publicly disclose carbon emissions information in full to enable a meaningful examination of compliance to national regulations and targets. Disclosures should reflect the realities on the ground as far as possible, complete with key operational challenges, linkages to potential and actual harms to communities and outcomes on corporate responses.

No.: E2.7

Action: Identify, prevent, mitigate and account for how the company addresses actual and potential adverse climate change-related impacts on vulnerable groups, including those resulting from production-related and consumption-related activities and those connected to their value chains and global operations.

COMMUNITY-CENTRED STRATEGIES

No.: E2.11

Action: Increase staff capacity and improve human rights-related competencies in implementing participatory decision-making, especially related to EIAs and compensation mechanisms. When engaging with communities, companies should identify and select local intermediaries who understand local customs, norms and languages. In all circumstances, companies should consider community engagement protocols and the local management system autonomously developed and employed by local communities.

ANTI-GREENWASHING AND CLIMATE WASHING

No.: E2.12

Action: Strengthen supply chain management processes to achieve sustainability. An integral component of sustainability interventions is understanding and acknowledging the breadth of human rights risks linked to climate change and environmental impacts across the entire supply chain. Businesses must have clear methods for data collection and evaluation to enhance transparency and accuracy. This also involves disclosing their direct and indirect emissions i.e., Scopes 1, 2, and 3.

No.: E2.13

Action: Ensure effective communications by regularly sharing both company achievements and areas where improvements are urgent and necessary with their stakeholders, especially rightsholders. This approach aims to centre and empower communities, foster mutual trust and pave the way for meaningful and constructive feedback that introduces reciprocal benefits by limiting risk factors.

No.: E2.14

Action: Apply third-party verification and assurance measures for company disclosures including engaging with NGOs or CSOs. Collaborative engagements with sustainability initiatives and trade associations are encouraged. This supports businesses to diversify ways to achieve improved environmental and human rights governance based on industry experience and learnings of effective (and ineffective) measures, enhancing cost efficiency.

Read more about Guidance to business

The Malaysia NAP does not make explicit reference to health and social care.

Read more about Health and social care

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.

Read more about Human rights defenders & Civic space

THEMATIC PRIORITY 1: GOVERNANCE

UNGP PILLAR 1

ANTI-BRIBERY AND-CORRUPTION

No.: G1.19

Action: Promote inclusive and sustainable urban development by institutionalising effective Social Impact Assessments (SIAs) to protect public purpose lands and green spaces in urban settings.

Output Indicator(s):

• Evidence, insights and recommendations are developed to guide measures that underscore transparency in public land management and establishes clear carrying capacity limits for cities.
• Effectiveness of SIAs is improved grounded in the right to information and meaningful engagement with affected communities, enabling informed participation in decision-making processes.

Collaborative Partner(s): Ministry of Housing and Local Government; Local authorities (PBT)

THEMATIC PRIORITY 3: ENVIRONMENT

UNGP PILLLAR 1

ENVIRONMENTAL RIGHTS GOVERNANCE AND ACCOUNTABILITY

No.: E1.10

Action: Provide free and easy public access to EIA reports and supporting documentation before development projects begin, in both urban and rural settings.

Output Indicator(s):

• Establish a centralised, free and publicly accessible Document Retrieval System with alternative retrieval mechanisms, ensuring that information is easily consumed and available in both English and Bahasa Malaysia.
• EIA reports are published an appropriate amount of time prior to the start of projects to enable meaningful community deliberation and updated or revised EIA reports are made available during an appeals process to prevent procedural manipulation.
• Businesses effectively demonstrate through documented eort that they have exhausted all means to ensure communities have received EIA reports, understand them, and have responded freely and collectively.

Collaborative Partner(s): Department of Environment (DOE); businesses; CSOs; IGOs;

No.: E1.12

Action: Assess how businesses integrate comprehensive human rights and environmental impact assessments into energy transition projects.

Output indicator(s):

• Evidence, insights and recommendation are developed that highlight implementation gaps and key areas of focus for the energy sector and are used to guide policy amendments.

Collaborative partner(s): NRES; PETRA; Ministry of Economy; CSOs

THEMATIC PRIORITY 3: ENVIRONMENT

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.

No.: E2.10

Action: Meaningfully include Indigenous communities in the FPIC process by consulting and partnering with them on the due diligence process. Companies should actively seek their comments and verify results from due diligence and impact assessments, incorporate community-level information pathways, and work in partnership with Indigenous CSOs. Special attention should be given to Indigenous women, youth and children.

Read more about Human rights impact assessments

The Malaysia NAP does not make explicit reference to Investment treaties and investor-state dispute settlement (ISDS).

Read more about Investment treaties & investor-state dispute settlements (ISDS)

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

Read more about Judicial remedy

THEMATIC PRIORITY 1: GOVERNANCE

UNGP PILLAR 3

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 3: ENVIRONMENT

UNGP PILLLAR 1

ENVIRONMENTAL JUSTICE

No.: E1.21

Action: Conduct a feasibility study on the ratification of the Tribal Peoples Convention, 1989 (No. 169) of the ILO.

Output indicators:

• Evidence, insights and recommendations are developed that define entry points towards the ratification Convention.
• Policy reforms and institutional measures are undertaken in alignment with SUHAKAM’s National Inquiry into the Land Rights of Indigenous Peoples in Malaysia (2013) report.
• Indigenous representatives are formally included in the policy process at both federal and state levels.

Collaborative partner(s): KKDW; SUHAKAM; related State agencies; IGOs; CSOs; EHRDs

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

Read more about Land

THEMATIC PRIORITY 1: GOVERNANCE

UNGP PILLAR 1

HUMAN RIGHTS OBLIGATIONS

No.: G1.30

Action: Assess the feasibility of the adoption of mandatory human rights and environmental due diligence (mHREDD) by businesses of difference sectors and sizes and clarify how due diligence is applied.

Output Indicator(s):

• Evidence, insights and recommendations are developed on the applicability of mHREDD using a phased approach, starting with high-risk sectors (i.e. energy, carbon and extractives, agrobusiness and plantations, mining, construction and manufacturing) then extending to all sectors.

Collaborative Partner(s): BHEUU

No.: G1.31

Action: Institutionalise human rights as a key requirement for banks, investment firms, lenders and other financial institutions through the implementation of HREDD

Output Indicator(s):

• Inclusion of HREDD requirements in the regulatory framework for the financial sector.
• HREDD guidelines for financial institutions are developed and disseminated.

Collaborative Partner(s): MOF; BNM

Read more about Mandatory human rights due diligence

THEMATIC PRIORITY 1: GOVERNANCE

UNGP PILLAR 1

HUMAN RIGHTS OBLIGATIONS

No.: G1.29

Action: Deliver BHR education and capacity building for state government agencies and businesses to improve enforcement.

Output Indicator(s):

• Coverage of capacity building sessions successfully conducted at the state level for both the public and private sectors.
• Scope of BHR issues covered affecting key stakeholders including women, children and youth, older persons, persons with disabilities, Indigenous Peoples, migrant populations, asylum-seekers, refugees, stateless communities, undocumented groups, and other marginalised communities.

Collaborative Partner(s): BHEUU; SUHAKAM; related federal agencies; State Governments

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

FORCED LABOUR, CHILD LABOUR, AND OTHER FORMS OF LABOUR EXPLOITATION

No.: L1.6

Action: Strengthen the implementation of national laws related to public housing and migrant workers’ accommodations, such as the Workers’ Minimum Standards of Housing and Amenities Act 1990 [Act 446] and relevant provisions under the Local Government Act 1976 [Act 171] .

Output Indicator(s):

• Operational relationships between federal and state agencies and local authorities are effectively aligned through enforcement operations, compliance reviews or joint inspections.
• Evidence, insights and recommendations are developed based on a survey on Standard Operating Procedures (SOPs).

Collaborative Partner(s): KESUMA ; KPKT; State governments or authorities

No.: L1.7

Action: Address the implementation gaps related to recruitment agencies’ processes and prohibit the charging of recruitment fees or related costs to migrant workers in line with ILO standards.

Output Indicator(s):

• Enforcement actions are taken against agencies violating recruitment regulations.
• Up-to-date guidance on the Employer Pays Principle and zero-cost policy is developed for recruitment agencies (and their business partners) and workers.

Collaborative Partner(s): KESUMA

No.: L1.8

Action: Review bilateral agreements or Memorandums of Understanding (MOUs) with countries of origin to include enhanced provisions related to the rights, benefits, and welfare of migrant workers and ensure responsiveness to labour market requirements.

Output Indicator(s):

• Increase the number of multistakeholder consultations informing bilateral negotiations, ensuring the inclusion of CSOs and workers’ rights advocates.
• Summary of signed MOUs are published for existing and new agreements.

Collaborative Partner(s): KESUMA

No.: L1.9.

Action: Facilitate documentation for children of migrant workers whether through facilitating safe access to birth registration processes or a joint documentation exercise with the relevant diplomatic missions for undocumented children.

Output indicator(s):

• Policies or procedures are adopted that enable safe and non-discriminatory access to documentation services for migrant children.
• Number of migrant families assisted in safely accessing national birth registration services for their children.

Collaborative partner(s): MOHA; National Registration Department

UNGP PILLAR 2

No.: L2.5

Action: Adopt fair recruitment practices expected by the global marketplace in line with the ILO General principles and operational guidelines for fair recruitment and Definition of recruitment fees and related costs. Responsibilities of businesses in this respect include not charging recruitment fees or related costs to migrant workers; engaging only with licenced and compliant recruitment agencies; providing workers with written contracts; ensuring decent living and working conditions; and overall complying with labour laws and international labour standards.

No.: L2.10

Action: Do not retain migrant workers’ passports, contracts or other identity documents, and respect their freedom to leave, change employment or to return to their countries of origin.

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.: L3.11

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

No.: L3.12

Action: La Increase social support and interventions for vulnerable migrant and refugee workers, including young workers and children, experiencing domestic violence and labour exploitation.

Output Indicator(s):

• Access to social support in the form of counselling, legal aid and shelter is increased among migrant and refugee workers, as well as young workers and children.

Collaborative Partner(s): KESUMA; State agencies; businesses; IGOs; labour and children’s rights advocates

Read more about Migrant workers

[SUHAKAM is acknowledged for the role in developing the NAP and in its work broadly on human rights in Malaysia, and that it mentioned as a Collaborative Partner in a range of actions, but that the actions listed here are those which address SUHAKAM directly.]

THEMATIC PRIORITY 1: GOVERNANCE

UNGP PILLAR 1

FOUNDATIONAL

No.: G1.5

Action: Establish an Office of the Ombudsman Malaysia

Output Indicator(s):

• The establishment of an  Office  of  the Ombudsman Malaysia through the enactment and mandate of an Ombudsman Act, which covers  four  main elements:
• Maladministration
• Misconduct amongst Enforcement Agencies
• Whistblower [sic] protection
• Freedom of information

Collaborative Partner(s): BHEUU

No.: G1.6

Action: Amend the SUHAKAM Act to enhance the Commission’s mandate and include provisions to ensure sufficient human and

technical resources.

Output Indicator(s):

• SUHAKAM is empowered by binding investigatory, adjudicative and mediation authority and is provided sufficient resources to address inquiries and cases related to BHR within a stipulated timeframe.
• Inclusion of permanent seats for vulnerable groups that contributes to strengthening the role of the Commission.

Collaborative Partner(s): BHEUU; SUHAKAM

THEMATIC PRIORITY 3: ENVIRONMENT

UNGP PILLLAR 1

ENVIRONMENTAL JUSTICE

No.: E1.21

Action: Conduct a feasibility study on the ratification of the Tribal Peoples Convention, 1989 (No. 169) of the ILO.

Output indicators:

• Evidence, insights and recommendations are developed that define entry points towards the ratification Convention.
• Policy reforms and institutional measures are undertaken in alignment with SUHAKAM’s National Inquiry into the Land Rights of Indigenous Peoples in Malaysia (2013) report.
• Indigenous representatives are formally included in the policy process at both federal and state levels.

Collaborative partner(s): KKDW; SUHAKAM; related State agencies; IGOs; 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

Read more about National Human Rights Institutions (NHRIs)/ Ombudspersons

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

Read more about Non-judicial grievance mechanisms

The Malaysia NAP does not make explicit reference to OECD National Contract Points (NCPs).

Read more about OECD National Contact Points (NCPs)

THEMATIC PRIORITY 1: GOVERNANCE

UNGP PILLAR 1

FOUNDATIONAL

No.: G1.2

Action: Conduct an assessment on removing the reservations to CEDAW, CRC and CRPD.

Output Indicator(s):

• Evidence, insights and recommendations are developed on the effects and potential outcomes of removing the existing reservations to the conventions, which include an examination of constitutional gaps as well as the social norms that underpin related laws.

Collaborative Partner(s): Chief Government Security Officer Minister’s Department (CGSO); BHEUU, JPM; Criminal Law Reform Committee (CLRC)

No.: G1.3

Action: Review the legal and constitutional gaps related to the Child Act 2001 [Act 611] and the Persons with Disabilities Act 2008 [Act 685] in alignment with the CRC  and  the  CRPD, especially  on  protection against discrimination, right to  education  and  birth registration.

Output Indicator(s):

• Evidence, insights and recommendations are developed to guide further alignment with international standards and best practices.
• Policymaking is guided by an improved understanding of the constitutional gaps as well as the social norms that underpin these laws.

Collaborative Partner(s): KPWKM

DIVERSITY, EQUITY AND INCLUSION (DEI)

No.: G1.26

Action: Implement interventions supporting care work, family-friendly and inclusive policies in the workplace for both the public and private sectors.

Output Indicator(s):

• Guidelines are developed on establishing inclusive policies related to breastfeeding support, affordable and quality childcare, flexible working arrangements, maternity and paternity leave, protections against all forms of discrimination, and structured accommodations for persons with disabilities.
• Evidence, insights and recommendations related to the adoption of care work, family-friendly and inclusive policies are used to guide policymaking, starting with the public sector.

Collaborative Partner(s): KPWKM; MOHR, PSD

HUMAN RIGHTS OBLIGATIONS

No.: G1.29

Action: Deliver BHR education and capacity building for state government agencies and businesses to improve enforcement.

Output Indicator(s):

• Coverage of capacity building sessions successfully conducted at the state level for both the public and private sectors.
• Scope of BHR issues covered affecting key stakeholders including women, children and youth, older persons, persons with disabilities, Indigenous Peoples, migrant populations, asylum-seekers, refugees, stateless communities, undocumented groups, and other marginalised communities.

Collaborative Partner(s): BHEUU; SUHAKAM; related federal agencies; State Governments

UNGP PILLAR 3

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):

• Evidence, insights and recommendations are developed to support the establishment of additional mobile courts.
• Information on accessing mobiles courts is disseminated among at-risk communities, ensuring the active participation of women, children and young people, older persons, persons with disabilities and Indigenous Peoples in the legal process.

Collaborative Partner(s): BHEUU

THEMATIC PRIORITY 2: LABOUR

UNGP PILLAR 1

SOCIAL PROTECTION AND RIGHT OF ASSOCIATION AND COLLECTIVE BARGAINING

No.: L1.12

Action: Promote equitable access to employment for vulnerable workers including women, persons with disabilities and older persons.

Output Indicator(s):

• Engagement sessions with vulnerable workers are organised to identify targeted solutions that increase their access to a living wage, nondiscriminatory career promotions and other work benefits.

Collaborative Partner(s): KESUMA, KPWKM

UNGP PILLAR 3

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 PRIORITY 3: ENVIRONMENT

UNGP PILLLAR 1

FOUNDATIONAL

No.: E1.4

Action: Develop child-sensitive, gender-responsive and disability-inclusive measures to advance the human rights of children to a healthy environment.

Output Indicator(s):

• Policies and programmes are developed or enhanced to integrate child-sensitive, gender-responsive, and disability inclusive environmental protections.

Collaborative Partner(s): KPWKM; NRES

Read more about Persons with disabilities

THEMATIC PRIORITY 1: GOVERNANCE

UNGP PILLAR 2

No.: G2.1

Action: Adopt robust human, labour, children’s, and environmental rights policies aligned to international standards with transparent and effective budgets for implementation throughout the company’s entire supply chain.

THEMATIC PRIORITY 2: LABOUR

UNGP PILLAR 1

FOUNDATIONAL

No.: L1.1

Action: Conduct a study that addresses the gaps between labour laws and national policies, and international labour standards including challenges faced by the government and businesses on ratifying international conventions

Output indicator(s):

• Provide evidence, insights and recommendations on Conventions below:
• C87 – ILO Freedom of Association & Protection of the Right to Organize Convention, 1948;
• C97 – ILO Migration for Employment Convention (Revised), 1949;
• C189 – ILO Domestic Workers Convention, 2011; C
• 190 – ILO Violence and Harassment Convention, 2019;
• ICESCR.

Collaborative partner(s): KESUMA

UNGP PILLAR 2

No.: L2.1

Action: Establish clear, transparent and justiciable policies and internal operating procedures centred on human rights and backed by a credible complaints mechanism.

No.: L2.6

Action: Adopt good labour practices expected by the global marketplace including standards set by the ILO, IOM and UNICEF. Companies are encouraged to join industry- or sector-specific collectives or associations that proactively subscribe to international human rights standards and provide certification or support services to their members to achieve those standards.

THEMATIC PRIORITY 3: ENVIRONMENT

UNGP PILLLAR 1

FOUNDATIONAL

No.: E1.1

Action: Facilitate multistakeholder dialogue and negotiations on the inclusion of the environment in the Malaysian Constitution and ensuring the Constitutional protection of environmental rights.

Output indicators:

• Multistakeholder dialogues and policy consultations are conducted to advance the decision-making process on the constitutional Right to a Clean, Healthy and Sustainable Environment.
• A legal framework is developed that proposes the constitutional recognition of environmental rights in line with developments in ASEAN and Malaysia’s regional position and in response to the SDGs.

No.: E1.2

Action: Review and address normative gaps in the existing environmental legal framework (e.g. lack of legally binding obligations on corporate environmental due diligence).

Output indicators:

• Evidence, insights and recommendations and provide proposed updates or amendments to environmental laws in line with international standards.
• Legal reform on environmental rights is underpinned by a participatory and inclusive climate governance approach.

Collaborative partner(s): NRES

No.: E1.3

Action: Introduce provisions for legal reforms to ensure transparency, accountability and compliance in meeting Net Zero 2050 ambitions (e.g. mandatory corporate climate disclosures, carbon pricing mechanisms).

Output indicators:

• New or amended laws or regulations are introduced to further support enforcement efforts in meeting Net Zero targets, particularly in the context of corporate compliance. Reform measures are enhanced that define emission reduction pathways and quantify the emissions reduction potential for each mitigation measure.

Collaborative partner(s): NRES

No.: E1.5

Action: Strengthen national water management policies by integrating environmental protection and human rights-based approaches, particularly in areas where improvements are needed.

Output indicators:

• Recommendations are proposed to embed human and environmental rights protection in the National Water Policy 2024 and Water Sector Transformation 2040 initiative.
• Emphasis on sustainability is strengthened by underscoring community participation in water governance, especially in the context of water-intensive industries.

Collaborative partner(s): PETRA

ENVIRONMENTAL RIGHTS GOVERNANCE AND ACCOUNTABILITY

No.: E1.8

Action: Conduct a study to introduce anti-greenwashing legislation and enhance consumer protection.

Output indicators:

• Evidence, insights and recommendations related to the adoption of anti-greenwashing legislation are used to guide policymaking and legal measures, integrating corporate penalties and legal liabilities as well as consumer protection mechanisms.

Collaborative partner(s): NRES; KPDN; IGOs

CLIMATE CHANGE GOVERNANCE

No.: E1.17

Action: Swiftly implement and operationalise the Climate Change Act.

Output indicators:

• Regulations, guidelines, institutional frameworks, and other policy instruments are enacted to support enforcement of the Climate Change Act, recognising the special contexts of Sabah and Sarawak.
• Implementation measures are demonstrated to be holistic, inclusive and based on collaborative and participatory approaches; encompassing end-to-end strategies from national target setting, establishing the governance structure through the formation of a regulatory entity, financial provisioning, and reporting and monitoring.

Collaborative partner(s): NRES; State governments and agencies; IGOs; CSOs

ENVIRONMENTAL JUSTICE

No.: E1.20

Action: Implement the UNDRIP within Malaysia’s current legislative and policy framework.

Output indicators:

• Regulations, institutional frameworks and other policy and programmes are implemented to support enforcement of UNDRIP, recognising the special contexts of Sabah and Sarawak.
• Guidelines and protocols are developed, accompanied by trainings, on the application of UNDRIP in policy and decision-making.
• Indigenous representatives are formally included in the implementation process at both federal and state levels.

Collaborative partner(s): Ministry of Rural and Regional Development (KKDW); JAKOA; SUHAKAM; related State agencies; IGOs; CSOs; Environmental and Human Rights Defenders (EHRDs)

No.: E1.21

Action: Conduct a feasibility study on the ratification of the Tribal Peoples Convention, 1989 (No. 169) of the ILO.

Output indicators:

• Evidence, insights and recommendations are developed that define entry points towards the ratification Convention.
• Policy reforms and institutional measures are undertaken in alignment with SUHAKAM’s National Inquiry into the Land Rights of Indigenous Peoples in Malaysia (2013) report.
• Indigenous representatives are formally included in the policy process at both federal and state levels.

Collaborative partner(s): KKDW; SUHAKAM; related State agencies; IGOs; CSOs; EHRDs

UNGP PILLAR 2

FOUNDATIONAL

No.: E2.2

Action: Adopt holistic policies that commit businesses towards mitigating greenhouse gas emissions (GHG) and addressing climate-related human rights risks and impacts. Such policies should be drafted with the input of all stakeholders, centred around affected communities, and be made publicly available.

Read more about Policy coherence

THEMATIC PRIORITY 2: LABOUR

UNGP PILLAR 2

No.: L2.7

Action: Cooperate with private sector-led sustainability compliance initiatives and mechanisms on labour standards and allow regular and independent audits to be conducted by certified auditors or NGOs.

Read more about Privatisation

THEMATIC PRIORITY 1: GOVERNANCE

UNGP PILLAR 1

PROCUREMENT, INVESTMENT AND TAX

No.: G1.20

Action: Establish clear regulations governing public procurement activities.

Output Indicator(s):

• Enactment of a Government Procurement Act that applies to all public procurement processes.
• Laws are clarified on the protection of human, labour, children’s, and environmental rights throughout procurement processes.

Collaborative Partner(s): Ministry of Housing and Local Government; Local authorities (PBT)

No.: G1.21

Action: Expand the digitalisation of public procurement systems.

Output Indicator(s):

• E-procurement systems are enhanced to minimise human discretion and improve procurement monitoring.

Collaborative Partner(s): Ministry of Finance (MOF)

Read more about Public procurement

The Malaysia NAP does not make explicit reference to the security sector.

Read more about Security & Defence sector

A NATIONAL ACTION PLAN ON BUSINESS AND HUMAN RIGHTS IS ESSENTIAL TO MEET OUR HUMAN RIGHTS OBLIGATIONS

What is the risk of inaction?

“[…] Limited  suppliers  and  contracted  supply  chains: Supply chain management is inherently complex given that they are often deep and distributed, with nuances based on sector and location. A systemic shift away from standard industry practice requires clear and integrated directives to ensure that suppliers, especially Small and Medium Sized Enterprises (SMEs), are able to respond e¤ectivelyeffectively to new requirements. Failing to have a unified approach that supports SMEs to align with buyer demand risks reducing and concentrating the supplier pool, ultimately increasing the costs of production. These costs often end up being borne by customers.”

THEMATIC PRIORITY 1: GOVERNANCE

UNGP PILLAR 2

No.: G2.3

Action: Support under-resourced companies and SMEs in the company’s supply chain by providing training, capacity building and funding for them to comply with international human rights standards and good practices in governance-related human rights matters. Such support may include practical workshops, seminars and hands-on training on HREDD, ethical labour practices, children’s rights, environmental sustainability and corporate accountability. Companies should facilitate access to financing, grants and low-interest loans that can enable small businesses to invest in compliance measures, strengthen their human rights policies and implement sustainable business practices.

Read more about Small & medium-sized enterprises (SMEs)

The Malaysia NAP does not make explicit reference to state owned enterprises/public private partnerships.

Read more about State Owned Enterprises/ Public Private Partnerships

THEMATIC PRIORITY 1: GOVERNANCE

UNGP PILLAR 1

FOUNDATIONAL

No.: G1.8

Action: Study the need for a Supply Chain Act in Malaysia

Output Indicator(s):

• Completion of a baseline  study  on existing supply chain regulations in Malaysia.
• Identification of legal and policy gaps in current Malaysian laws related to supply chain transparency   and accountability.
• Inter-agency working group or task force established    to coordinate the study.

Collaborative Partner(s): BHEUU; KPDN, MITI; NRES

UNGP PILLAR 2

No.: G2.11

Action: Set targets and increase training among the board of directors, management, and employees of the company on the responsibility to respect human rights (including labour and children’s rights) and support awareness-raising programmes for consumers, contractors, suppliers and communities.

THEMATIC PRIORITY 2: LABOUR

UNGP PILLAR 2

No.: L2.2

Action: Conduct regular, genuine, effective, gender-responsive and transparent due diligence assessments to identify, prevent and mitigate the negative impacts of exploitative labour practices related to recruitment and employment, business operations, and supply chains. Businesses should ensure that a comprehensive management approach is developed to mainstream the practice of due diligence and human rights-based risk assessments within the company.

No.: L2.3

Action: Collaborate with partners and suppliers to demonstrate adherence to international human rights standards. Businesses should establish contractual obligations with suppliers and business partners on human rights matters, and if they are found to have violated such standards, remedial or punitive actions should be taken. There must be a hierarchy of responses from the least to harshest actions, depending on the severity of the violations and facts of each case. Only as a last resort should businesses cut ties and contractual relationships with suppliers or business partners, in order to limit isolating small businesses that lack sufficient resources to operationalise these frameworks in the first place.

•  

THEMATIC PRIORITY 3: ENVIRONMENT

UNGP PILLAR 2

FOUNDATIONAL

No.: E2.9

Action: Investors should require the companies they invest in to conduct and act on due diligence assessments. Where this is not the case, engage with their clients to adopt and implement due diligence and obligate that impacted communities be kept informed on any progress or developments in all phases and over the entire cycle from start to end.

Read more about Supply chains

THEMATIC PRIORITY 1: GOVERNANCE

UNGP PILLAR 2

No.: G2.5

Action: Whether mandatory or discretionary, report on the company’s efforts to ensure corporate accountability to human rights, including the implementation of HREDD and steps taken to identify, prevent, mitigate and cease adverse impacts on human rights.

THEMATIC PRIORITY 2: LABOUR

UNGP PILLAR 2

No.: L2.4

Action: “Know and show” human rights and fair recruitment due diligence processes through regular reporting and communications. Not only should companies gather and disclose information for the benefit of their boards, investors and consumers, but they should also ensure that company reports reflect actual practices on the ground. This may be done by assurance, audit and verification exercises conducted by trusted social auditors, assurance service providers and human rights organisations.

THEMATIC PRIORITY 3: ENVIRONMENT

UNGP PILLLAR 1

ENVIRONMENTAL RIGHTS GOVERNANCE AND ACCOUNTABILITY

No.: E1.10

Action: Provide free and easy public access to EIA reports and supporting documentation before development projects begin, in both urban and rural settings.

Output Indicator(s):

• Establish a centralised, free and publicly accessible Document Retrieval System with alternative retrieval mechanisms, ensuring that information is easily consumed and available in both English and Bahasa Malaysia.
• EIA reports are published an appropriate amount of time prior to the start of projects to enable meaningful community deliberation and updated or revised EIA reports are made available during an appeals process to prevent procedural manipulation.
• Businesses effectively demonstrate through documented eort that they have exhausted all means to ensure communities have received EIA reports, understand them, and have responded freely and collectively.

Collaborative Partner(s): Department of Environment (DOE); businesses; CSOs; IGOs;

Read more about Sustainability Reporting

A NATIONAL ACTION PLAN ON BUSINESS AND HUMAN RIGHTS IS ESSENTIAL TO MEET OUR HUMAN RIGHTS OBLIGATIONS

What is the risk of inaction?

“[…] Reputational damage and loss of investor confidence: In June 2024, the UN High Commissioner for Human Rights Volker Türk pointed out that Malaysia’s foreign investment prospects are tied to its human rights performance, indicating that without improvements, the country could lose out on vital investments. Lacking a clear commitment to reform feeds a perception of risk that can drive investors and international partners away, harming Malaysia’s sustainable development goals and tarnishes Malaysia’s reputation as a trading partner.”

THEMATIC PRIORITY 3: ENVIRONMENT

UNGP PILLLAR 1

FOUNDATIONAL

No.: E1.1

Action: Facilitate multistakeholder dialogue and negotiations on the inclusion of the environment in the Malaysian Constitution and ensuring the Constitutional protection of environmental rights.

Output indicators:

• Multistakeholder dialogues and policy consultations are conducted to advance the decision-making process on the constitutional Right to a Clean, Healthy and Sustainable Environment.
• A legal framework is developed that proposes the constitutional recognition of environmental rights in line with developments in ASEAN and Malaysia’s regional position and in response to the SDGs.

Collaborative partner(s): BHEUU; NRES; MOFA

Read more about Sustainable Development

THEMATIC PRIORITY 1: GOVERNANCE

UNGP PILLAR 1

PROCUREMENT, INVESTMENT AND TAX

No.: G1.23

Action: Assess the implementation of the 15% global minimum tax (GMT) as recommended under Pillar 2 of the OECD Two-Pillar Solution.

Output Indicator(s):

• Evidence, insights and recommendations are developed on the state of corporate compliance with the 15% GMT regulation.

Collaborative Partner(s): MOF; Inland Revenue Board of Malaysia (IRBM)

No.: G1.24

Action: Assess the implementation of the Tax Corporate Governance Framework (TCGF).

Output Indicator(s):

• Evidence, insights and MOF; IRBM recommendations are developed on implementation gaps related to the TCGF and the promotion of good tax governance practices

Collaborative Partner(s): MOF; IRBM

THEMATIC PRIORITY 3: ENVIRONMENT

UNGP PILLLAR 1

ENVIRONMENTAL RIGHTS GOVERNANCE AND ACCOUNTABILITY

No.: E1.6

Action: Introduce and apply the polluter pays principle (PPP) P)8 as as an effective deterrent for business misconduct.

Output Indicator(s):

• Regulatory instruments and enforcement measures are implemented that clearly apply the PPP, including imposing substantial fines, environmental taxes, or remediation orders on polluting businesses.

Collaborative Partner(s): NRES; MOF; KPDN (SSM); KPKT

Read more about Tax

The Malaysia NAP does not make explicit reference to tourism.

Read more about Tourism sector

A NATIONAL ACTION PLAN ON BUSINESS AND HUMAN RIGHTS IS ESSENTIAL TO MEET OUR HUMAN RIGHTS OBLIGATIONS

What is the risk of inaction?

• “Reputational damage and loss of investor confidence: In June 2024, the UN High Commissioner for Human Rights Volker Türk pointed out that Malaysia’s foreign investment prospects are tied to its human rights performance, indicating that without improvements, the country could lose out on vital investments. Lacking a clear commitment to reform feeds a perception of risk that can drive investors and international partners away, harming Malaysia’s sustainable development goals and tarnishes Malaysia’s reputation as a trading partner.

• ESG-linked trade barriers and exclusion from markets: A prominent example is the European Union’s Carbon Border Adjustment Mechanism (CBAM) that will impose costs on carbon-intensive imports. Alarmingly, it is projected to impact 75 per cent of Malaysia’s exports to the EU, which accounts for eight per cent of Malaysia’s total exports between 2021 and 2023.2 Similarly, the EU and other developed markets are introducing due diligence laws to address deforestation, forced labour, and other human rights or environmental harms. The EU’s Corporate Sustainability Due Diligence Directive (CS3D) will oblige large companies to identify and address human rights and environmental risks in their supply chain. Malaysian companies that cannot demonstrate compliance with these standards may find European buyers unwilling to source from them. In e¤ect, Malaysia could be edged out of critical global value chains, not by formal sanctions, but by private sector decisions driven by foreign laws and consumer pressure.

• Barriers  to  trade  agreements  and  regional  leadership: Beyond market access issues, absence of state-led BHR reforms impair Malaysia’s ability to negotiate trade agreements or lead on economic initiatives. Major trading partners increasingly embed human rights and sustainability clauses in trade deals and a failure to demonstrate such commitments can stall negotiations or invite stricter conditions. Regionally, as ASEAN economies develop their own BHR frameworks, Malaysia could lag behind peers in meeting new norms, potentially weakening its influence in bilateral and multilateral economic engagements.”

THEMATIC PRIORITY 1: GOVERNANCE

UNGP PILLAR 1

PROCUREMENT, INVESTMENT AND TAX

No.: G1.22

Action: Develop guidance on business and human rights-related clauses for all free trade agreements.

Output Indicator(s):

• Guidance is developed that reinforces Malaysia’s position on human rights by aligning with international human, labour, and environmental rights standards when negotiating trade agreements.
• Stakeholder engagement is institutionalised and the conduct of ex-ante and ex-post impact assessments of international investment agreements in the context of human, labour and environmental rights, and climate change is encouraged.

Collaborative Partner(s): Ministry of Investment, Trade and Industry (MITI); BHEUU

Read more about Trade

THEMATIC PRIORITY 2: LABOUR

UNGP PILLAR 1

FOUNDATIONAL

No.: L1.1

Action: Conduct a study that addresses the gaps between labour laws and national policies, and international labour standards including challenges faced by the government and businesses on ratifying international conventions

Output indicator(s):

• Provide evidence, insights and recommendations on Conventions below:
• C87 – ILO Freedom of Association & Protection of the Right to Organize Convention, 1948;
• C97 – ILO Migration for Employment Convention (Revised), 1949;
• C189 – ILO Domestic Workers Convention, 2011; C
• 190 – ILO Violence and Harassment Convention, 2019;
• ICESCR.

Collaborative partner(s): KESUMA

THEMATIC PRIORITY 2: LABOUR

UNGP PILLAR 1

FOUNDATIONAL

No.: L1.2.

Action: Align the Employment Act 1955 [Act 265], the Sabah Labour Ordinance [Cap 67] and the Labour Ordinance Sarawak [Cap 76] on the issue of forced labour, consistent with ILO Protocol of 2014 to the Forced Labour Convention, 1930 (No. 29).

Output indicator(s):

• Multistakeholder consultations are organised to support the legislative harmonisation process.
• Legal provisions are revised or introduced that ensure all three labour laws equally address the prevention and protection against forced labour and the provision of remedy.

Collaborative partner(s): KESUMA; State governments and agencies

No.: L1.3

Action: Enhance protection of the rights of workers, including the participation of workers in trade unions, to guarantee decent work, social protection, training opportunities and job security in the Just Energy Transition.

Output indicator(s):

• Tripartite dialogues are convened to address human and labour rights challenges related to the Just Energy Transition.
• Revisions to labour rights protection frameworks are proposed that consider transition-related impacts.

Collaborative partner(s): KESUMA; Ministry of Energy Transition and Water Transformation (PETRA); energy sector; trade unions.

THEMATIC PRIORITY 2: LABOUR

UNGP PILLAR 1

FORCED LABOUR, CHILD LABOUR, AND OTHER FORMS OF LABOUR EXPLOITATION

No.: L1.6

Action: Strengthen the implementation of national laws related to public housing and migrant workers’ accommodations, such as the Workers’ Minimum Standards of Housing and Amenities Act 1990 [Act 446] and relevant provisions under the Local Government Act 1976 [Act 171].

Output Indicator(s):

• Operational relationships between federal and state agencies and local authorities are effectively aligned through enforcement operations, compliance reviews or joint inspections.
• Evidence, insights and recommendations are developed based on a survey on Standard Operating Procedures (SOPs).

Collaborative Partner(s): KESUMA ; KPKT; State governments or authorities

No.: L1.8

Action: Review bilateral agreements or Memorandums of Understanding (MOUs) with countries of origin to include enhanced provisions related to the rights, benefits, and welfare of migrant workers and ensure responsiveness to labour market requirements.

Output Indicator(s):

• Increase the number of multistakeholder consultations informing bilateral negotiations, ensuring the inclusion of CSOs and workers’ rights advocates.
• Summary of signed MOUs are published for existing and new agreements.

Collaborative Partner(s): KESUMA

SOCIAL PROTECTION AND RIGHT OF ASSOCIATION AND COLLECTIVE BARGAINING

No.: L1.10

Action: Strengthen social security initiatives for all workers and make self-employment insurance schemes mandatory through automatic subscriptions for workers in the informal or gig sector.

Output Indicator(s):

• Increased number of informal or gig workers contributing to the Employees Provident Fund (EPF) and enrolled in a self- employed scheme under Social Security Organization (SOCSO).

Collaborative Partner(s): KESUMA

No.: L1.11

Action: Enhance the protection of gig workers from unfair labour practices, through the enactment and implementation of a Gig Workers Bill.

Output Indicator(s):

• Legal or regulatory KESUMA reform measures are enacted to address labour vulnerabilities of gig workers.
• Basic worker rights are secured in the form of social security benefits such as health insurance and retirement plans, work injury compensation, the right to unionise and collectively bargain and anti- discrimination protections.

Collaborative Partner(s): KESUMA

No.: L1.12

Action: Promote equitable access to employment for vulnerable workers including women, persons with disabilities and older persons.

Output Indicator(s):

• Engagement sessions with vulnerable workers are organised to identify targeted solutions that increase their access to a living wage, nondiscriminatory career promotions and other work benefits.

Collaborative Partner(s): KESUMA, KPWKM

No.: L1.13

Action: Provide financial and technical support for the professionalisation of trade unions.

Output Indicator(s):

• Number of trade KESUMA unions receiving financial and technical support to enhance their skillsets for them to represent their members more effectively.

Collaborative Partner(s): KESUMA

UNGP PILLAR 2

No.: L2.5

Action: Adopt fair recruitment practices expected by the global marketplace in line with the ILO General principles and operational guidelines for fair recruitment and Definition of recruitment fees and related costs. Responsibilities of businesses in this respect include not charging recruitment fees or related costs to migrant workers; engaging only with licenced and compliant recruitment agencies; providing workers with written contracts; ensuring decent living and working conditions; and overall complying with labour laws and international labour standards.

No.: L2.6

Action: Adopt good labour practices expected by the global marketplace including standards set by the ILO, IOM and UNICEF. Companies are encouraged to join industry- or sector-specific collectives or associations that proactively subscribe to international human rights standards and provide certification or support services to their members to achieve those standards.

No.: L2.9

Action: Promote the implementation of the minimum wage and encourage the provision of a living wage – in line with international guidance by ILO – as a matter of corporate responsibility and commitment, alongside family-friendly policies and other employment benefits (including annual and medical leave, health coverage, and employment injury insurance) among the company’s suppliers and business partners.

No.: L2.11

Action: Promote the meaningful and active participation of workers, trade union representatives, and civil society actors in social dialogue, company-led sustainability initiatives, multistakeholder engagements, and social audits. Their selection should be conducted through transparent and fair processes to ensure credibility and effectiveness. Businesses must also safeguard against any form of reprisals for their participation.

No.: L2.12

Action: Demonstrate that no restrictions, penalties, sanctions or any other forms of retaliation or reprisal are imposed on or taken against workers for joining and participating in a trade union of their choice. This means genuinely safeguarding workers’ fundamental right to freely associate and organise without fear of discrimination, harassment or unfair treatment by employers.

• UNGP PILLAR 3

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.: L3.3

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 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.: L3.5

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.: L3.7

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.: L3.11

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

No.: L3.12

Action: Increase social support and interventions for vulnerable migrant and refugee workers, including young workers and children, experiencing domestic violence and labour exploitation.

Output Indicator(s):

• Access to social support in the form of counselling, legal aid and shelter is increased among migrant and refugee workers, as well as young workers and children.

Collaborative Partner(s): KESUMA; State agencies; businesses; IGOs; labour and children’s rights advocates

Read more about Workers’ rights