The Center to Combat Corruption and Cronyism (C4 Center) welcomes the recently released zero draft (preliminary draft) of the national action plan on business and human rights for 2025-2030 for its inclusion of critical cross-cutting issues such as anti-corruption, good governance and the right to information.
However, in relation to environmental governance, the zero draft still lacks in failing to constitutionally protect the right to a clean and safe environment.
The business and human rights framework aims to uphold corporate accountability for social justice issues, in recognition of the key role played by corporate entities in our society today.
This zero draft is the latest step in the longstanding development of a business and human rights framework in Malaysia, coming out of the national baseline assessment published last year.
We are optimistic to see that the zero draft recognises the importance of anti-corruption and good governance in upholding the rule of law and creating a rights-based governance framework. The national action plan on business and human rights proposes to reinforce the initiatives under the former national anti-corruption plan for 2019-2023 and the current national anti-corruption strategy for 2024-2028 in pursuit of upholding good governance in Malaysia.
We applaud the inclusion of commitments to accelerate the domestic implementation of the UN Convention against Corruption, to enact a government procurement act to regulate public procurements, and to enact anti-Slapp (Strategic Lawsuits Against Public Participation) legislation to restrict the use of frivolous lawsuits to suppress freedom of expression.
Additionally, it is encouraging that the commitment to expedite amendments to the Whistleblower Protection Act 2010 includes mention of addressing the issue of disclosures that contravene other laws and creating a fully-fledged central agency to govern the act.
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In terms of the right to information, the zero draft commits to expediting the enactment of a freedom of information act and complementary amendments of the Official Secrets Act 1972. This is imperative to create a government culture of being open by default instead of relying upon the government’s discretion to disclose information.
We emphasise that the introduction of a freedom of information act framework in Malaysia must extend beyond the mere enactment of the act and focus on the creation of a culture of transparency and proactive disclosure within government itself.
Therefore, the recommendation for the creation of a dedicated information commission to oversee and manage freedom-of-information implementation is extremely important to ensure that the framework operates as intended.
C4 Center stresses that the absence of an independent information commission to resolve disputes and ensure compliance will lead to an ineffective and toothless freedom-of-information framework. The government must commit to establishing this body in tandem with the tabling of the freedom of information bill.
Additionally, the zero draft commits to strengthening compliance with existing guidelines for public servants on conflict of interest and abuse of power.
Although this is an important initiative, we would also remind the government that presently there are no equivalent guidelines or codes of conduct that guide the behaviour of members of the administration, such as cabinet ministers or other elected leaders such as MPs.
In order to holistically address the risk of conflicts of interest or abuse of power that may lead to corruption or financial misappropriation, it is important that similar regulations be adopted for elected representatives – who do hold significant political influence and power.
However, the zero draft fell short on being able to guarantee the right to a clean and safe environment by calling for an amendment of Article 5 of the Federal Constitution.
Instead, the zero draft proposes alternative prescriptive measures, such as introducing a precautionary principle, guidelines to support businesses in green transition, and a study to develop anti-greenwashing legislation.
The review and updating of the substantive component of the Environmental Quality Act 1974 is also much overdue and welcomed.
There are also measures recommended for businesses to go beyond compliance and profitability and be held accountable for their risk to people. These are crucial for the corporate sectors to engage in protecting the livelihood of the communities and the environment.
Nevertheless, will these be sufficient to embed environmental justice for marginalised communities such as indigenous peoples? For an action plan that is supposed to transform the country towards adoption of rights-based policies, it has failed to do the most obvious – which is to accord us, the people, with the right to a clean and safe environment.
In summary, the zero draft of the national action plan on business and human rights is a generally promising set of commitments that – if implemented in a holistic and progressive manner – will aid in the development of better governance and prevention of corruption.
Of course, the zero draft is presently open for public comments and shall go through a series of iterations as more input is presented, so the final text may look very different.
Nevertheless, we hope that in developing the national action plan further, the government will continue to adopt a comprehensive and progressive approach.
Therefore, C4 Center urges the following:
- Once finalised, the government must adopt and implement the national action plan’s recommendations and commitments in a progressive and holistic manner, with due consideration for cross-cutting themes such as gender-responsiveness and accessibility
- The development of previously announced reform proposals should continue to completion, and the government should not refrain from investing necessary financial and human resources in order to ensure effective and comprehensive implementation
- Civil society organisations, academics and members of the public should strongly consider providing their input and comments to the zero draft of the national action plan
– C4 Center
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