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Malaysia- 1st- Judicial remedy

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): Collaborative Partner(s): BHEUU No.: G3.2 Action: Establish a Human Rights Tribunal dedicated to human rights adjudication. Output Indicator(s): Collaborative Partner(s): BHEUU No.: G3.3 Action: Increase the availability…

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Malaysia- 1st- Investment treaties and investor-state dispute settlement (ISDS)

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

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Malaysia- 1st- Indigenous Peoples

[We are focusing on content which explicitly addresses IPs in this issue, but that the NAP contains significant content focused on communities which is also relevant, but not all is included]. 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…

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Malaysia- 1st- Human rights impact assessments

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): Collaborative Partner(s): Ministry of Housing and Local Government; Local authorities (PBT) THEMATIC PRIORITY 3: ENVIRONMENT UNGP PILLLAR…

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

THEMATIC PRIORITY 1: GOVERNANCE UNGP PILLAR 3 No.: G3.5 Action: Expedite the proposed reforms to the Whistleblower Protection Act 2010 [Act 711]. Output Indicator(s): Amendments to the Act will be done in three (3) phases, focusing on human and labour rights, and protecting those who report any unjustified treatment and any facts concerning offences established…

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Malaysia- 1st- Health and social care

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

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Malaysia- 1st- Guidance to business

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): 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…

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Malaysia-1st- Gender and women’s rights

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…

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Malaysia- 1st- Garment, textile and footwear sector

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…

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Malaysia- 1st- 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…

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Malaysia-1st-Forced labour and modern slavery

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…

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Malaysia-1st-Fisheries and aquaculture 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): Collaborative Partner(s): BHEUU THEMATIC PRIORITY 3: ENVIRONMENT UNGP PILLLAR 1 SUSTAINABLE FOREST MANAGEMENT AND LAND AND MARINE BIODIVERSITY…

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Malaysia-1st-Finance and banking sector

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): Collaborative Partner(s): MOF; BNM THEMATIC PRIORITY 1: GOVERNANCE UNGP PILLAR 2 No.: G2.9 Action: Investors, development banks and lending…

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Malaysia-1st-Extraterritorial Jurisdiction

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…

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Malaysia-1st-extractives sector

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): Collaborative Partner(s): BHEUU

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Malaysia-1st-export credit

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

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Malaysia-1st-Equality & non-discrimination

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):…

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Malaysia-1st-Environment&climate change

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): 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…

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Malaysia- 1st- Energy sector

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): Collaborative Partner(s): BHEUU THEMATIC PRIORITY 2: LABOUR UNGP PILLAR 1 FOUNDATIONAL…

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Malaysia- 1st- development finance institutions

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

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