On 16 June 2011, the UN Human Rights Council endorsed the United Nations Guiding Principles on Business and Human Rights: Implementing the United Nations “Protect, Respect and Remedy” Framework (UNGPs). The UNGPs in essence say that:
A) states must respect, protect and fulfil human rights;
B) businesses must comply with laws and respect human rights; and
C) when rights are violated, there must be remedies.
State
Within the Malaysian energy industry, the ‘State’ comprises the relevant ministry(ies) and government agencies. Under the new government, the ministry responsible for energy is Ministry of Natural Resources, Environment and Climate Change (NRECC).
Note the word ‘energy’ was omitted in the rebranding (read ‘reformation’) efforts. According to the Minister, Nik Nazmi Nik Ahmad, to define is to limit, hence he sets broad parameters for NRECC and is optimistic that NRECC would be inclusive and push operational limitations beyond the usual boundaries.
States must respect human rights
In order to respect, the government must acknowledge human rights. Governments are still suspicious of giving certain policies the status of human rights. While other countries have constitutional rights to a safe, clean and healthy environment, the Malaysian constitution still doesn’t provide for it, though in practice, many government officials have acknowledged the need to protect the environment. While voluntary measures and self-regulation have been promoted, if the right to a clean environment is not provided for, citizens cannot sue if the government fails to ensure that the environment is safe for all.
The question that remains: How will the Malaysian government demonstrate its respect for human rights?
States must protect human rights
Every State must protect the human rights of everyone against risks that may adversely affect their lives and livelihood. Potential human rights violations abound, and with insufficient protection by the State, people’s rights can be impacted so severely that it threatens our existence. One of the action a government must take to protect human rights is to enforce legislated laws. Conversely, failure to enforce laws, negligence or omissions to investigate and prosecute lead to a failure of human rights protection.
Have our laws legislated to address violations of life, limb and property been effectively enforced, to serve the purposes they were intended for, and have they protected human rights?
States must fulfil human rights
Fulfilment is only possible, when coupled with acknowledgments or promises by the State to protect human rights. To fulfil something requires taking proactive steps, and not defensive or merely responsive measures.
Where are we then, Malaysia?..
