Human Rights Due Diligence And Malaysia's Current State Of Play

"Do we have to do something more? Doesn't ESG also cover human rights? Why are you confusing us?" At training sessions, I am frequently asked whether ESG (environmental, social and governance) compliance will also satisfy business and human rights (BHR) matters.

There are a few responses I give. First is that while both are rooted in human rights, the obligations and liabilities are different. The way governments, businesses, and regulators approach them is also not the same. ESG is often considered "good to do" or "best to have". But BHR says certain things are "must haves" to protect people's (human) rights. These rights are justiciable in the courts, meaning that people can sue businesses and governments if these rights are not respected.