Resident Coordinator's speech: Malaysia Human Rights Day Forum 2024

Yang Berhormat Dato’ Sri Azalina Othman Said, Minister in the Prime Minister’s Department, (Law and Institutional Reform), 

Yang Berbahagia Dato’ Seri Mohd Hishamudin Md. Yunus, Chairman, Human Rights Commission of Malaysia (SUHAKAM) 

Yang Berbahagia Dato’ Bala Chandran Tharman, Deputy Secretary General of Multilateral Affairs, Ministry of Foreign Affairs

YBhg. Datuk Zamri bin Misman, Director General, Legal Affairs Division, Prime Minister’s Department

Excellencies Ambassadors and Heads of Missions

Members of the UN Country Team

Distinguished representatives of Federal Ministries and agencies, state and local governments

Esteemed Members of the civil society, academia, the business community and the media

Ladies and gentlemen

Good morning

I welcome you, on behalf of the United Nations, to the Malaysia Human Rights Day Forum 2024.

As in past years, this event is organized in concert with  the Ministry of Foreign Affairs, the Legal Affairs Division within the Prime Minister’s Department, and the National Human Rights Commission  SUHAKAM. . 

We deeply appreciate the strong and enduring partnership with the Government of Malaysia around advancing human rights. This collaboration has fostered meaningful dialogue and tangible progress, exemplified by this annual forum, which continues to grow in significance and salience with each passing year.

We come together, as many diverse stakeholders, to jointly reaffirm our shared commitment to uphold and promote human rights as a cornerstone of Malaysia’s development and its vision for an inclusive and equitable future.

Crucially, this year, we recognize the contribution of the private sector as a key stakeholder in the operationalization of many human rights, particularly in the social and economic sphere. 

Esteemed Audience,

In today’s volatile and conflict prone world, human rights have never been more important. They remain the guarantor of core freedoms and non-negotiable human functionings and capabilities. They define the essence of collective and individual human well-being. 

The Pact for the Future, adopted by all UN member States in September, places human rights at the very heart of global progress, reaffirming their universality, indivisibility, and interdependence as the cornerstone of peace, sustainable development, and shared prosperity. 

The Pact recognizes that addressing inequalities, upholding accountability, and protecting the most vulnerable are not just moral imperatives but strategic pathways to resilience and stability. 

Human rights lie at the core of multiple development agendas – and most presciently, the path set out by the 2030 Agenda and the Sustainable Development Goals. 

Securing human rights is vital if the goals are to be achieved; this is not only in terms of governance and human development outcomes, such as education and health, but also the eradication of poverty, and protecting people against the threats posed by climate change and environmental degradation. 

Human rights hold particular significance for countries like Malaysia, aspiring to High-Income status, and where many of the pressing rights challenges align closely with last mile development requirements. 

Achieving human rights and the SDGs requires a whole-of-government and whole-of-society approach, with businesses playing a crucial role. By adopting rights-compliant strategies, businesses not only uphold ethical standards but also unlock tangible commercial benefits. 

At a national level, these efforts enhance Malaysia’s economic performance, reinforcing the mutual gains of aligning human rights with economic progress.

Ladies and Gentlemen,

Back in 2011, when the UN adopted the Guiding Principles on Business and Human Rights, this was something of a left field concern for the corporate world. Yet with the evolution of global ESG standards, and better understandings of the commercial case for good corporate citizenship, the rights agenda has become a mainstream question, if not a dominant driver for business leaders. 

Initially focused on labour and decent work standards and the protection of socioeconomic rights, it has since broadened to encompass corporate environmental stewardship, emphasizing the obligation to uphold the rights of populations to a sustainable climate and environment.

The business case for human rights has two dimensions. 

First, direct gains arise from improved productivity through a richer skills mix, better worker retention, and greener, more efficient technologies. These gains are complemented by reduced exposure to reputational risks, safeguarding sales and income streams.

Second, adherence to ESG standards provides trade advantages through labour and environmental provisions in modern free trade agreements and WTO rules. It also enhances access to capital via impact investment markets and compliance with procurement and due diligence regimes.

To put it simply, businesses can thrive, precisely by doing well by people – by respecting the human rights of people, as workers, consumers, and neighbours within our shared environment. 

What does this mean for Malaysia?

I list four key areas for action. And I chose these purposefully - as both hot button questions but also ones where enterprises large and small, can make a real difference. 

• The first area centres on securing basic labour rights for all workers. This encompasses paying decent wages, respecting health and safety requirements, enabling access to social protection, consulting and enabling self-organization, and investing in skills and training.

  These requirements have a special relevance for informalized workers, who often lack the status and wherewithal to voice their rights. By definition, this area includes non-discrimination in recruitment and in the provision of workplace entitlements for all. 

• Second, and closely related, is the treatment of marginalized groups of workers, chiefly non-nationals and migrants. It is vital that these groups are treated fairly, on a level playing field with other workers, respecting cultural and group differences, and taking reasonable efforts to accommodate their needs. A key dimension is ensuring meaningful consultation and engagement. 
• The third pressing issue is the need to respect the land and resource ownership rights, and the cultural rights of indigenous peoples. Enterprises are encouraged, through business practices, to recognize and accommodate the special character of indigenous peoples’ claims on land and resources, even where not formally documented in law.  
• Fourth are human rights associated with delivering a clean and sustainable environment. These are rights held by people as consumers of enterprises’ goods and services, and as their common neighbours. Businesses are increasingly accepting that they hold an obligation to limit the impacts of their operations on nature and on the climate.

Esteemed Audience, Ladies and Gentlemen,

The United Nations is greatly encouraged by the response and engagement of the Government and the Malaysian business community. We have seen successive milestones, rooted in the core tenants of the Guiding Principles.

• First, I pay tribute to SUHAKAM’s publication in 2015, of its Strategic Framework on National Action Plan on Business and Human Rights.  The Commission’s work, supported by our UN country team, kick-started the process of bringing and translating the UNGPs to the Malaysian context. 
• Second, in 2019, the Legal Affairs Division initiated work in earnest to develop Malaysia’s National Action Plan for Business and Human Rights. As major undertaking  takes shape, the UN will continue to provide support its design and implementation. 
• And third, significantly, under YB Minister Azalina’s leadership, the National BHR Baseline Assessment was completed earlier this year, providing a guide and the evidence base for development of the National Action Plan. 

As the components of the NAPBHR are defined, I encourage all stakeholders, especially the private sector, to join these endeavours.

The UN Guiding Principles offer a blueprint for business action on human rights. In the context of Malaysia, we need to find innovative channels that will decisively mainstream human rights in business practices. A promising instrument is the use of human rights-based due diligence processes. 

Another imperative is building mechanisms of redress, either within or outside of the formal legal system. These would enable individuals and communities to raise business-related human rights concerns, and where necessary, press claims for redress. 

Finally, effective governance arrangements are vital to the successful rollout and oversight of the National Action Plan. 

For hundreds of businesses in Malaysia, these efforts will complement prior commitments to implement responsible business practices, in line with the 10 Principles of the UN Global Compact.

Distinguished audience,

As we convene today, and hear from Business and Human Rights experts, it is important to recognize the key human rights milestones Malaysia has delivered in 2024. 

The completion of the Universal Periodic Review (UPR) cycle provided a critical platform for reflecting on progress while underscoring the substantial work still required to address persistent gaps. 

The review under the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) highlighted the urgency of advancing gender equality and addressing systemic barriers to women’s rights. 

Looking ahead, the upcoming review under the Convention on the Rights of the Child (CRC) presents an opportunity to further prioritize the rights of children and protect them from harm. 

The Convention on the Rights of Persons with Disabilities is a powerful instrument to promote, protect and ensure the full and equal enjoyment of all human rights and fundamental freedoms by all persons with disabilities.

We applaud Malaysia’s engagement with international human rights mechanisms and encourage efforts to consider the ratification of other key treaties and conventions. 

As Malaysia advances in its reform journey, every new law or policy must start with a simple yet profound question: does it bring us closer to realizing human rights and fundamental freedoms? Only by making this the cornerstone of the legislative process, can Malaysia fully align its aspirations for progress and regional leadership with the universal principles of dignity, equality, and justice.

Thank you.